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Home My WebLink AboutPARK WEST LANDSCAPE, INC.Recording Requesled By, And %en Recorded Mail To: Clerk of the Council, Cily of Santa Ana 20 Civic Center Nla?a, P,O. Boz 19RF Saola Ana, CA 9210? Recorded in Official Records, Orange County Tom Daly, Clerk-Recorder 'IIIIIIIIIIIIIIIII IIP!IIIII IIIIIIIIII"191111111'IIII?Ci'llllllllllll NO FEE 20110003366812:25 pm 01111111 7414N12 1 0,00 0.00 0,00 0.00 0.00 0,00 0,00 0,00 THIS SPq(r P(1R CQI,A? 1'Y 1t?C(rRUERS I!.SC OA! 1 NOTICE OF COMPLETION NOTICE 1S HEREBY GI1rEN that the undersigned Oily of Smlta Ana. California, a municipal corporation, with the address of City }tall, 20 Civic Center Plaza, Santa Ana, California, 92101, is the owner of the proper(} hereinafter described, that said owner has caused construction of PLAZA OF THE FOUNTAINS PLANTER RENOVATION AND ,IOINT REPAIR under ?ntracl entered info on _ 4.19.2010 ,with -PARK IVEST LANDSCAPING INC.-, nn which armract -GREAT Ah1ERICAN INSURANCE C01IPAVY? is surety. The properly on which such work improvement was placed is in the City of Santa Ana County of Orange, Slate of California, and described as Project No. 09-9109 located at: PLAZA OF THE FOUNTAINS (EXIBfT 1. The work improvement on said properly was accepted as completed on _ j-6-?01 I _ . by ? Dated, ? City Engineer nrrr VERIFICAI'10? L the undersigned, say: [ am the City Engineer of the City of Santa Ana, C'alitornia; f e?eeuled the foregoing Notice of Completion acting on behalf' of the owner of the property therein described; I make Ibis verification on behalf of said corp<ration by authorization ofthe City Council of the Citpof Santa Aua; I have read said nolicemid know the comcnls (hereof; and I declare under penalty of perjury that the facts therein stag are true. CITY OF SANTA ANA, A MUNICIPAL 'ORf?RA'f ION Ezeculed nn ? I? ?? ?_ , at Santa Ana, California o ? I tiirawru ur mdiviJuui ?w?;irnig Ihai Ih.u?nlcnl? ul Nuii?c nl Campc(ion nre WcI THIS NOTICE OF C01IPLETIO\ MUST BG RE('ORDED 1vfIHIV Tf N (l(II UA4'S,ItTLR CQ?rIPLITI?N • REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 19, 2010 TITLE: CONTRACT AWARD FOR PLAZA OF THE FOUNTAINS PLANTER RENOVATION AND EXPANSION JOINT REPAIR (PROJECT NOS. 099109 & 099107) // CITY MANAGER RECOMMENDED ACTION • CLERK OF COUNCIL USE ONLY: APPROVED 04/ 19/2010 Imo" As Recommended ~ ~-3 ~- ^ As Amended ^ Ordinance on 1St Reading ^ Ordinance on 2"d Reading ^ Implementing Resolution ^ Set Public Hearing For CONTINUED TO FILE NUMBER Award a contract to Park West Landscape, Inc., the lowest responsible bidder, in accordance with the base bid in the estimated amount of $532,588.46 for construction of Plaza of the Fountains Planter Renovation and Expansion Joint Repair. 2. Approve a Funding Analysis with a total estimated construction cost of $665,700 which includes construction, contract administration, inspection, testing, and contingency costs. DISCUSSION The existing planters leak water into the parking area located beneath the Plaza of the Fountains (Exhibit 1). This project provides a water proofing layer to the interior walls of the planters, replacing the electrical and plumbing systems, providing interpretive signs to educate the public of the native plants and garden, and repair expansion joints on the plaza deck. This is the third and final action item associated with this project. Once completed, the improvements will increase the aesthetic quality of the plaza garden and the surrounding area. Funding for improvements within the Civic Center is paid for from the Civic Center Authority, a joint authority between the City and the County of Orange. The Notice Inviting Bids was advertised on February 17 and 19, 2010, and bids were opened on March 9, 2010. A summary of the bid invitations mailed, the bids received, and the bid results follows. Santa Ana Contractors receiving notices: 18 Contractors requesting bidding documents: 6 Bids received: 3 Bids received from Santa Ana Contractors: 0 Contract Award for Plaza of the Fountains Planter Renovations and Expansion Joint Repair April 19, 2010 Page 2 NAME OF RESPONSIVE BIDDER 1. Park West Landscape, Inc. 2. Mariposa Landscape, Inc. 3. 4-Con Engineering, Inc. CITY BID AMOUNT Corona $532,588.46 Irwindale $653,624.80 Riverside $679,340.00 A total of three bids were received and were responsive. The lowest bid was submitted by Park West Landscape, Inc., for $532,588.24, which reflects extensive hand work resulting from the restrictions of equipment allowed on the plaza deck and the limited access to the site. ENVIRONMENTAL IMPACT Environmental Review No. 2010-46 has been completed and the Categorical Exemption will be filed upon award of the contract pursuant to the California Environmental Quality Act. FISCAL IMPACT The Civic Center Budget is the source of the money for this project. Half of the funds are coming from the County and half from the City. The funding analysis shows a total estimated construction cost of $665,700 for the project (Exhibit 2). Funds are available in the Other County Funding (accounting unit 07413260-66220). APPROVED AS TO FUNDS AND ACCOUNTS: r_ ~,r ' l = ~. Raul Godinez II ~. Executive Directo Public Works Agency ~ l~1cc~ Ldr ~ „~~ Francisco Gutierrez Executive Director ~~ Finance & Mgmt. Services Agency Gerardo Mouet Executive Director Parks, Recreation, and Community Services Agency RG/ET Exhibit 1: Project Location Map 2: Funding Analysis CIVIC CENTER DR. PARKING STRUCTURE LIBRARY COUNTY COURTNOUSE PROJECT LOCATION ROSS ANNEX CITY NALL ~ LIBRARY STATE ~ UILDI pARKING TRUCTUR w [] J ~ FEDERAL BUILDING SANTA ANA BLVD (4TH LEGEND: PROJECT LOCATION SANTA ANA CITY COUNCIL P W A AGENDA DATE: APRIL 19. 2010 PUBLIC rORKS AGENCY EXHIBIT 1 T[TLE: [] ~C .E C CONTRACT AWARD FOR PLAZA OF THE FOUNTAINS PLANTER RENOVATION AND EXPANSION JOINT REPAIR (PROJECT NO. 099109 8 099107) N H Z N U FUNDING ANALYSIS PROJECT NOS. 099109 AND 099107 PLAZA OF THE FOUNTAINS PLANTER RENOVATION AND EXPANSION JOINT REPAIR Construction Contract $532,588 Contract Administration $30,154 Inspection and Testing $49,700 Contingencies $53,258 TOTAL ESTIMATED CONSTRUCTION COSTS 665 700 Exhibit 2 ~ i CITY OF SANTA ANA • PROJECT NO.09-9109: PLAZA OF THE FOUNTAIN PLANTER RENOVATION PROJECT N0.09-9107: PLAZA OF THE FOUNTAIN EXPANSION JOINT PROPOSAL & CONTRACT AGREEMENT BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: (~ IkiLlc_. W C ST l~/~f~ OJP.~ P ~ ,~~"?~l C REQUIREMENT: The undersigned declares that he/she has carefully examined the location of the proposed work, that he/she has examined the Plans and Specifications and read the accompanying instruction to BIDDERS, 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), specifications and special provisions, for the unit price(s) or lump sum(s) set forth in the following schedule: Item # Bid Item Unit Quantity Unit Price Amount 1. Clearing and Grubbing LS 1 $ ~ (, Q $ $ j~ 3 3, ~ D 2. Remove Existing Wall Coping LF 800 $ ~~$ 5 $ o a 3. Remove Existing sloped veneer SF 4,290 $ 3 ~ S [ $ 7 perimeter wall 4. Removal & Disposal of cement LS 1 $ ~ 7 S.3 $ ~ t Asbestos board 5. Furnish and Install Skate Resistant LF 800 $ ~~~~ $ 6 00 Wall Cap 6. Sandblast Exterior around Planter w/ SF 2,910 $~~ $ 1 ~, 9 ~8, 6 0 Anti-graffiti Sealant (medium sandblast finish, color =light gray) 7. Construct PCC Color Pavement SF 3,810 $ q, 7 ~ $~.Z" 033, ~ (4"-7" thick, medium sandblast finish, color =light gray) 8. Furnish and Install Elastomer SF 14,370 $ 5. ~ $ ti a„ g Q • Waterproofing TO BE INCLUDED IN BID PACKAGE BPlof14 i • CITY OF SANTA ANA PROJECT NO. 09-9109: PLAZA OF THE FOUNTAIN PLANTER RENOVATION PROJECT NO.09-9107: PLAZA OF THE FOUNTAIN EXPANSION JOINT PROPOSAL & CONTRACT AGREEMENT BID PROPOSAL: Continued Item # Bid Item Unit Quantity Unit Price Amount 9. Furnish and Install Small Wall Cap LF 300 $ 33.E [ $ on Tree Wells 10. Furnish and Install Planter Drain & EA 36 $ ~9, ~ 3 $ D Filter Fabric Assembly 11. Furnish and Install 4" to 6" cobbles, SF 310 $ ~`GB $ $~, imbedded into 3" Grout over sand • base 12. Irrigation System- Below Structural LS 1 $ ~ 9 $ q 3 Slab 13. Irrigation System- Above Structural LS 1 $~~,,9~t3, 8 4 $ ~ 9' Slab 14. Landscaping LS 1 $ 61 6,yd~.GD $ X66 `~d~, ~ 15. Tree (36" box) EA 6 $~SD ~, >.~ $ 0 0 0 16. Tree (15 gal) EA 32 $ ~9.5s $ 5 17. Signage EA 4 $ 3dT~, 3 d $ ,~ `~/ 9 18. 60 working day Maintenance Period LS 1 $ $ $ ,j oZ , 19. Landscape Pots EA 7 $ ~{ 3, 9 g $ Q • TO BE INCLUDED IN BID PACKAGE BP2of14 L J CITY OF SANTA ANA PROJECT NO. 09-9109: PLAZA OF THE FOUNTAIN PLANTER RENOVATION PROJECT NO. 09-9107: PLAZA OF THE FOUNTAIN EXPANSION JOINT PROPOSAL & CONTRACT AGREEMENT BID PROPOSAL: Continued Item # Bid Item Unit Quantity Unit Price Amount PROJECT NO. 09-9107-C 20. Sikaflex 2C SL Joint Sealant(Limestone color) TOTAL BASE BID---- ADD ALTERNATE I 21. Electrical & Lighting System -~ GAL. 50 $ y y g . 99 $ 4 Pr ~ 53,588, y6 LS 1 $ ~ ~f,~ $5 sls~ao TOTAL ADD ALTERNATE IBID-------------- TOTAL BASE BID + ADD ALTERNATE IBID-- The lowest responsible bidder will be selected based on the low Total Base Bid. $~88i143.Y~ j' This bid item is considered a Specialty Item per Section 2-3.2 of the Standard Specifications. PROJECT NO. 09-9109 BIDDER PLAZA OF THE FOUNTAIN Firm P F1(Zt< W~ S7" l,~-i~•(D ~ R P E , eft- . PLANTER RENOVATION PROJECT NO. 09-9107: PLAZA OF THE FOUNTAIN EXPANSION JOINT Address 1 ~ ~ ~ ~.,~ l~P ~ + i i~ U L'bk' ON4 i~ ~7 `~~t • Phone(s) ~ I ~ ~ ~ 3--~ ~ ~ BIDDER ~ -~, Signature >d f' BP3of14 ------------------------------ $ S S,.S JS, 0 0 TO BE INCLUDED IN BID PACKAGE • CITY OF SANTA ANA • PROJECT NO. 09-9109: PLAZA OF THE FOUNTAIN PLANTER RENOVATION PROJECT NO. 09-9107: PLAZA OF THE FOUNTAIN EXPANSION JOINT PROPOSAL AND CONTRACT AGREEMENT 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: - Streets, highways including bridge projects; %z% of the bid or $10,000, whichever is greater - Buildings, parks, or other projects: %z% of the bid • BIDDER proposes to subcontract certain portions of the work to the firms listed below: NAME .S ~4 ~e r V~ ~ 1--~ r(1 i o D ~ ~~ n ~ Tn ( , LOCATION [_YL pn ~c f o'~ ~C ~ ~ 4 ~~~ 3 PHONE D ~ 9 $ 5 - 4(0 (~ TYPE OF WORK Ula roo $ 0 . aO ({a4 ~x NAME r~ Vd i ~ n LOCATION ~ a ~. ,'~ , ~ ~ PHONE 7(`I'~ g`('~{ADO TYPE OF WORK 5-~ $~ NAME ~~.~ e (~ =n L LOCATION p V ~~ /1 ~ ~ PHONE ~a6~3 .31-~~q TYPE OF WORK ~~;-6-af ~;~ $~ NAME ~; ' Ovn Send ~rS ~'~ ~~ LOCATION C i~ 5 f e c' PHONE - ~ ~~j TYPE OF WORK S~ ~ $~ ~. 0~~ NAME ~ 5'~" ~ ~U' ~ rD/l/-~ ~~ ~e ~ LOCATION ~~~ ~~ ~ NAME ~ n SQL ~~cC~ LOCATION ~ /J/j PHONE 4~~~ ~ (( S TYPE OF WORK - P ~. , $ ~ NAME LOCATION PHONE TYPE OF WORK NAME LOCATION PHONE TYPE OF WORK NAME LOCATION PHONE TYPE OF WORK $ NAME LOCATION i • CITY OF SANTA ANA • PROJECT NO.09-9109: PLAZA OF THE FOUNTAIN PLANTER RENOVATION PROJECT NO. 09-9107: PLAZA OF THE FOUNTAIN EXPANSION JOINT PROPOSAL & CONTRACT AGREEMENT BIDDER'S STATEMENT BIDDER understands and agrees that this written proposal (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter AGENCY) 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 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) days (excluding Saturdays, Sundays and AGENCY'S legal holidays), 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, that 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. All terms contained in the Specifications, the Certification of Non-Discrimination by Contractors, and the Workers' Compensation Insurance Certificate are to be incorporated by reference into this Agreement and are made specifically as part of this bid. Name of Firm ~ A 1Q K 1~ CT ~ ~N ~ Signature of BIDDER Title ~ IZE S i p es rGT CO 2 0 iv ~ ~- v l S ~ b~ (if an individual, so state) • TO BE INCLUDED IN BID PACKAGE BPSof14 i i CITY OF SANTA ANA • • PROJECT NO. 09-9109: PLAZA OF THE FOUNTAIN PLANTER RENOVATION PROJECT NO. 09-9107: PLAZA OF THE FOUNTAIN EXPANSION JOINT PROPOSAL AND CONTRACT AGREEMENT BIDDER'S STATEMENT continued (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 -~ i2K w~ sT- L~ N bsc ~9- P E ~~ c . ~ t M T12. ~C`I S E C(~LT~~ ~- T tZt ~ s~ ,2F'ie. , k~v i ~ C 21~1~ ~PQ~ES i ~~NTt MA~J~C--~ /. ~. Award t~ /(~ ?~!,' M'~t.I ~ . Y r~~ ~ ~. ~^ . on the basis of bweat responsible and h~q~~ ACTION OF COUNCIL: bidder in the amourd of ATTEST: v Dti~-~ ! CLERK OF THE COUNCIL APPROVED AS TO FORM: Date ~ ~ ~ ~ 20 / ~,~ ACCEPTED FOR THE CITY OF SANTA ANA: CITY ATTORNEY EXECUTIVE D CTOR PUBLIC WORK AGENCY BP6of14 TO BE INCLUDED IN BID PACKAGE • i CITY OF SANTA ANA PROJECT NO. 09-9109: PLAZA OF THE FOUNTAIN PLANTER RENOVATION PROJECT NO. 09-9107: PLAZA OF THE FOUNTAIN EXPANSION JOINT PROPOSAL AND CONTRACT AGREEMENT CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR 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 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 maybe 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 maybe 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. TO BE INCLUDED IN BID PACKAGE BP7of14 • CITY OF SANTA ANA PROJECT NO. 09-9109: PLAZA OF THE FOUNTAIN PLANTER RENOVATION PROJECT NO. 09-9107: PLAZA OF THE FOUNTAIN EXPANSION JOINT PROPOSAL AND CONTRACT AGREEMENT CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR (continued) 7. 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 su~ct to all the penalt es imposed for a violation of the Chapter. Signed Title ~ ~~.5 t D ~N~ Co ~-~ N A ~ ~ ~ t S - ~ ~! Firm P~tZK. W~~- L~~usL+~-P~ , mac, Date MAIZ~N q, Zoo • TO BE INCLUDED IN BID PACKAGE BP8of14 CITY OF SANTA ANA i • PROJECT NO.09-9109: PLAZA OF THE FOUNTAIN PLANTER RENOVATION PROJECT NO. 09-9107: PLAZA OF THE FOUNTAIN EXPANSION JOINT PROPOSAL AND CONTRACT AGREEMENT WORKERS' COMPENSATION INSURANCE CERTIFICATION As required by California Labor Code Section 1860 and 1861, the Contractor certifies as follows: I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this contract. If I, as the Contractor, now or at any time during the course of this agreement, qualify as an employer under California Labor Code Section 3300, unless the hired employee(s) is (are) persons excluded by said Labor Code, I shall furnish the City of Santa Ana with an insurance certificate from my workers' compensation insurance carrier certifying that I carry such insurance and that the policy shall not be canceled nor the cover e reduced except upon thirty (30) days prior written notice to the City of Santa Ana. /~ _ d Signed Title P R,~ s ~ u~~ T Co ~ o ~~ A ~- ~t ~ S ~ b,~/ Firm 1~ A ~ZK VAST L {~ N ~~sC+q ~°~ , ~-~cC Date fit(-k~ZG} ~ , Zo to TO BE INCLUDED IN BID PACKAGE BP9of14 • CITY OF SANTA ANA PROJECT NO. 09-9109: PLAZA OF THE FOUNTAIN PLANTER RENOVATION PROJECT NO. 09-9107: PLAZA OF THE FOUNTAIN EXPANSION JOINT PROPOSAL AND CONTRACT AGREEMENT REFERENCES The following are the names, addresses, and telephone numbers for three public agencies for which BIDDER has performed similar work within the past two years. C- i y pF PIZZA- 1 C,~~I lC, C~NT~fZ C~12.CLE Y~2~A ~ A ~iL8z1 Name and Address of Owner. ~ VDU 1 ~--1 S t ~~ U (~i 14) °i°I D -1 (~ 0 O Name and Telephone Number of person familiar with project. ~ i3, ~Sl~ , ~o~ . oa F~11 . Ct;n-s~ocTtdt~ ~sPeR~S $-is- 0~ Contract Amount Type of Work PAfZ~ Date Completed 2. ~ ITy `DF BJ~N~ P>41~LK tob5o t,E~GE-F k~~u ova ~ 3v~Nt~~A~~.. ~ °lpbz ~ Name and Address of owner. C'tUS PV ER-1-RS (°I`~q~ 2tv1 - l 0 0l Name and Telephone Number of person familiar with project. -.~ 23~ ~q z5 . p p I,D~N DSC,A P~ -1 ~~ <-,aTl oN ~ ~ - I - o °i Contract Amount Type of Work POl-t cE p ARtNI NT Date Completed ~ ~ ~r~~-o 3• C ti~C ~~ of F~~rcCN~p Cup a MoN ~, A ~ ~~SOO C,~~ t_c, CFnrr~c-(z 1~2-v CUC~ M ON ra-~ ,GA Name and Address of owner. °I~l3o Name and Telephone Number of person familiar with project. l n ~ I ~ f~0 ~ . O D USN taSCR P~ ~ Zl~-f21 hPsTl i`,(~l, E l.~ CT7=lCA L 5 ~ t ~ 08 Contract Amount Type of Work ~NCYZLT~, MASptrRy 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. TbZ1~~El,E~'S P20~C-r2T ~{ (~+ASy/kl Ty OF f~M~2~G~ ~~ f~~N IZISIL. ~1vS~2~NCC SazVtC~ w~~c ~1 D~I W t ~ S 1-tt 2 E ~0 U t_G V 1k~D Lo S PrN{~E - s ~ A q l~ I -} -~b Ert r~ t S }~ e NI{ ~2D (ZI3) b3~ -13 Z L ~-,~~ A C -~t~t E r21 t~ fJ ~ N S ~ ~ ~ tJLE -~l PQN ~~ o N~ Srt Q--~ET i~ 11 b ~ c • BP 10 of 14 yIOS P~~~C-k- Mo~~ttA-N ~{IS) 4~b- ~Z33 TO BE INCLUDED IN BID PACKAGE • CITY OF SANTA ANA • PROJECT NO. 09-9109: PLAZA OF THE FOUNTAIN PLANTER RENOVATION PROJECT NO. 09-9107: PLAZA OF THE FOUNTAIN EXPANSION JOINT PROPOSAL AND CONTRACT AGREEMENT BIDDER'S 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: 1. 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 Appr ticeship Co ci • Signed ~ C~ Title S A y ~ s ~ Firm P ~ ~21L w SST LAN r~SC..~ ~~ ~ ANC Date M F~ R C N cl ~ 2e~ ~ 0 • TO BE INCLUDED IN BID PACKAGE BP 11 of 14 CITY OF SANTA ANA ~~ • PROJECT NO. 09-9109: PLAZA OF THE FOUNTAIN PLANTER RENOVATION PROJECT NO. 09-9107: PLAZA OF THE FOUNTAIN EXPANSION JOINT PROPOSAL AND CONTRACT AGREEMENT NON-COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance 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 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. Signing this Proposal on the signature portio~~` ereof shall also constitute signature of this Non-collusion Affidavit. BIDDERS are cautioned t making a f~se certification may subject the certifier to criminal prosecution. Signed State of California County of ~c,(1'fJLI~CGLQ_ Subscribed and sworn to (or affirmed) before me on this ~ day of ~ ch 2010, by ~~v1rt ~' . ~y j(~ ,proved to me on the basis of satisfactory evidence to be the person'who appeared before me. `' otary Public Signature _ X. ADAME~ 1~nn COMM. # 1805811 v! NOTARY PUBLIC-CAlIF01NNA ~ . RIVfRSIOE CWNTY MY CONN. E%P. JULY $, 4G12 Notary Public Seal TO BE INCLUDED IN BID PACKAGE BP 12 of 14 • • CITY OF SANTA ANA • PROJECT NO. 09-9109: PLAZA OF THE FOUNTAIN PLANTER RENOVATION PROJECT NO. 09-9107: PLAZA OF THE FOUNTAIN EXPANSION JOINT PROPOSAL AND CONTRACT AGREEMENT BIDDER'S 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 w~~fk, to give up~ny~part of the compensation to which he/she is otherwise entitled. Signed Title ~ ~~~ ~ u~~T CoFZ~v P~ Firm {~/~~~' ~ v~ST (~-.(1~.~C -9 P~ ,-n.(C, Date M ~ (`,~k ~~ ~ 2010 TO BE INCLUDED IN BID PACKAGE BP 13 of 14 ~, • • CITY OF SANTA ANA PROJECT NO. 09-9109: PLAZA OF THE FOUNTAIN PLANTER RENOVATION PROJECT NO. 09-9107: PLAZA OF THE FOUNTAIN EXPANSION JOINT PROPOSAL AND CONTRACT AGREEMENT CONTRACTOR'S LICENSING STATEMENT The undersigned contractor, or corporate officer, declares under penalty of perjury that the following is true and correct. Contractor's Name: ~/~ ~1L W ~S ~ L~ N OS C~ ~ ~ , --,~~ ~ . Business Address: X21 ~ C-,R prp ~}~ -I-~ -lj~ Cud ~ A , ~A gygg 1 Telephone: ~a~\~ 2-Ab _~-l g p State Contractor's License No. and Class: ~~ 13102 A , g , C- ~1 (; (o I ! p 12 Expiratio Signed: • 'title: • TO BE INCLUDED iN BID PACKAGE BP 14 of 14 lirR,F~T f~.1~11~ ~t I~.:'.'~~~' ~i.7 ,. A;~'[~F g~Ar~~;~.,~ KNOW ALL MEN BY THESE PRESENTS, that we, PARK WEST LANDSCAPE, INC. as principal, and the GREAT AMERICAN INSURANCE COMPANY, a corporation existing under the laws of the State of Ohio, having its Administrative Office at 580 Walnut Street, Cincinnati, Ohio 45202, as surety, are held and firmly bound unto CITY of SANTA ANA as obligee, in the penal sum of TEN PERCENT OF AMOUNT BID Dollars ($ io 0 of BID AMOUrrT) ,lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrator, successors and assigns, Jointly and severally, firmly by these presents. SIGNED, sealed and dated this zna Bond No. N/A WHEREAS, the said principal PARK WEST LANDSCAPE, INC. herewith submitting a propOSBI for DEMOLITION, LANDSCAPE, IRRIGATION, CONCRETE AND PAVERS NOW, THEREFORE, the condition of this obligation is such that, if the said principal shall be awarded the said contract, and shall within ( 90 ) days after receiving notice of such award enter into a contract and give bond for the faithful performance of the contract, then this obligation shall be null and void otherwise the principal and surety will pay unto the obligee the difference in money between the amount of the principal's bid and the amount for which the obligee may legally contract with another party to perform the work, if the latter amount be in excess of the former; but in no event shall the liability hereunder exceed the penal sutp hereof. PARK WEST LAND PE, INC. a~ Princi day of March GREAT AMERICAN INSURANCE COMPANY Bv: ~ ~~ JULIA MO ~ Attorney-in-r act zoio F.9116 t CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Francisco On ----------- March 2, 2010 ---------------------- before me, Celeste C. Austria, Notary Public personally appeared------------------------ Julia Mo who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. CELESTE C. AUSTRIA WITNESS my hand and official seal. COMM. # 1718519 z Z = d NOTARY PUBLIC - CALIFORNIA ~ SAN FRANCISCO COUNTY ~~ My Comm. Expires Jan. 20, 2011 _-~ ~ ~ ~(~ Signature of Notary Notary Seal • • • • • GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 580 WALNUT STREET • CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than THREE No. 014507 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below, each individually if more than one is named, its true and lawful attorney-in-fact, for it and in its name, place and stead to execute on behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name JOHN T. LETTIERI PATRICK MOUGHAN JULIA MO Address ALL OF SAN FRANCISCO, CALIFORNIA Limit of Power ALL $75,000,000.00 This Power of Attomey revokes all previous powers issued in behalf of the attorneys}in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 22nd day of , APRIL 2009. Attest STATE OF OHIO, COUNTY OF HAMILTON - ss: GREAT AMERICAN INSURANCE COMPANY DAVID C. KITCHIN (513412-4602) On this 22"d day of APRIL 2009, before me personally appeared DAVID C. KITCHIN, to me known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is the Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instmment; that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By-Laws of said Company, and that he signed his name thereto by like authority. This Power of Attomey is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March 1, 1993. RESOLVED: That the Division President, the Division Senior Vice President, the several Divisional Vice Presidents and Divisional Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys-in-Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts ofsuretyship, or other written obligations in the nature thereof,• to prescribe their respective duties and the respective limits of their authority; and to revoke arty such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid o„~rcers and arty Secretary or Assistant Secretary of the Company maybe affixed by facsimile to arty power of attorney or cerf~cate of either given for the execution of arty bond, undertaking, contract or suretyship or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I, STEPHEN C. BERAHA, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of June 9, 2008 have not been revoked and are now in full force and effect. Signed and sealed this 2ND day of, MARCH 2010 . S1029Y (10/08) CAL~ORNIA ALL-PURP~E CERTIFICATE OF ACKNOWLEDGMENT State of California County of ~~(,(/`~~0~ On `1~/C~(/h ~, 2 0/ (~ before me, personally appeared . ~I c~a.m.e, ~v f--~ 6~c~d-~ (here insert name and title oft a officer) V C. ~ c~ who proved to me on the basis of satisfactory evidence to be the person~s~~whose name~s}Q'are subscribed to the within instrument and acknowledged to me thathe/they executed the same in~her/their authorized capacity.~iesj, and that by~'s~her/their signature(~j on the instrument the persons}; or the entity upon behalf of which the persor~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 m hand and official seal. ,~ X. ADAMS - Coal. # 1805811 Gr} twre~rPUeuc•cra~clraa~ d. °~ 'y. RIVEII~IOE ~WN1Y - _ __ ~ / (~~ ., '.~ ; ':~ NY CONY. EXP. JULY 2, 2d1t Signature of Notary Public i'°' e ADDITIONAL OPTIONAL INFORMATION DESCRI/P~TION OF THE ATTACHED DOCUMENT /C~ l (;~ ~ D /~ GJ~ (Title or description of attached document) C c ~/ (~ ~ ~ ~a~ ~~i2GL~ (Title or riptio of attached document continued) Number of Pages ( Document Date 3~ ~~ ~G~1 ~--w~~ T L ~N~.S (~4~t ~ (Additional information) CAPACITY CLAIlvIED BY THE SIGNER ^ Individual (s) ^ Corporate Officer (Title) ^ Partner(s) ^ Attorney-in-Fact ^ Trustee(s) ^ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeazed which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. ire/she/ is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be cleaz and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document -- --- -- _ _ - -- - CAPA v12.10.07 800-873-9865 www.NotaryClasses.com MEMORANDUM David Ream To: City Manager rn u Date: February 8, 201 1 Raul Godinez II, Executive Director From: Public Works Agency subject: PROJECT NOS: 09-9109 AND 09-9107 PLAZA OF THE FOUNTAINS -PLANTER RENOVATION AND EXPANSION JOINT REPAIR CHANGE ORDER NO. 1 Contractor: Park West Landscape, Inc. 1215 Graphite Drive Corona, CA 92881 Project Description: PLAZA OF THE FOUNTAINS -PLANTER RENOVATION AND EXPANSION JOINT REPAIR Change Order Number: 1 Amount: $50,165 Account Unit: 07413260 Original Contract Cost: Amount of The Change Order: Previously Approved Change Orders: Total Change Orders: REASON FOR CHANGES $ 50,165 $ -O- $ 50,165 Activity: 09910901028 of Original 7.5% O% 7.5% 1. The contract documents call for the removal and replacement of concrete topping slabs around the planters, after removing the existing concrete it was discovered that the waterproofing between the structural slab and the topping slab was missing. Therefore it was recommended to waterproof the structural slab prior to installing the new topping slab. Account: 66220 $532, 588.46 Agreed Price = $34,165.00 PROJECT NOS: 09-9109 AND 09-9107 PLAZA OF THE FOUNTAINS -PLANTER RENOVATION AND EXPANSION JOINT REPAIR CHANGE ORDER NO. 1 February 8, 201 1 Page 2 2. While cleaning the existing planter cast iron drains several pipes were discovered to be cracked and in need of replacement. There for it was recommended to replace the cracked cast iron pipes. Agreed Price = $1 ,465.00 3. During the submittal review of the planter wall caps it was determined that the wall caps were undersized for the existing wall widths and needed to be increased in size by 1-1/2 inches to provide a '/?" overhang. Therefore it was recommended to increase the size of the wall caps. Agreed Price = $1,935.00 4. After removing the dirt from the central planter it was discovered that the northwest corner was cracked and could not be waterproofed in that condition. Therefore it was recommended to repair the northwest corner of the central planter. Agreed Price = $1,024.00 5. Parks Department requested to have clean outs installed at each planter drain location to provide easy access for maintenance. Agreed Price = $3,190.00 6. After removing the dirt from the west planter it was discovered that the planter did not have an existing drain- Therefore it was recommended to install a new drain. Agreed Price = $209.00 7. Parks Department requested to have an additional 150 linear feet of wall cap installed along the south planters. Agreed Price = $8,177.00 APPROVED AS TO FUNDS AND ACCOUNTS: ? _ Rau odinez, II Francisco Gutierrez ?I?? Executive Director Executive Director ?_ ?l Public Works Agency Finance and Management Services Agency K:\Construction\Projacts\09-9108\Change Orders\09-9108 RFA CO 1.doc ?_ CITY OF SANTA ANA y , PUBLIC WORKS AGENCY ?' " I CONTRACT CHANGE ORDER ?' Project Number PROJECT NO. 09-9109 -PLAZA OF THE FOUNTAINS Change Order Number 1 - PLANTER RENOVATION AND JOINT REPAIR To Park West Landscape, Inc_ Contractor You are hereby directed to make the herein changes from the plans and specifications or do the following described work not included in the plans and specifications on this contract. NOTE: THIS CHANGE ORDER IS NOT EFFECTIVE UNTIL APPROVED BY THE CITY COUNCIL OR CITY MANAGER. Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time. Change requested by Pl1Rl IC W(7RKS Ac?F NCY EXTRA WORK AT AGREED PRICE 1 . Provide and install 3,785 sq ft waterproofing at PCC bands around the existing planters as directed per City of Santa Ana. AGREED PRICE _ $34,165.00 2. Remove and replace 150 If of cracked ductile iron drain pipe, 20 locations, as directed per City of Santa Ana. AGREED PRICE _ $1,465.00 3. Increase the width of the new wall cap by 1-1/2", 800 If of wall cap, as directed per City of Santa Ana. AGREED PRICE _ $1 ,935.00 4. Repair 560 sq ft of the PCC planter floor located by the State Building as directed per City of Santa Ana. AGREED PRICE _ $1,024.00 5. Provide and install new clean outs at each drain, 29 locations, as directed per City of Santa Ana. AGREED PRICE _ $3,190.00 6. Core the existing planter wall located at the northwest stairwell to install a new 3" drain as directed per City of Santa Ana. AGREED PRICE _ $209.00 7. Provide and install 230 If ft of wall cap at the two planters located by the south stairwell as directed per City of Santa Ana. AGREED PRICE _ $8,177.00 Page 1 of 2 '?. CITY OF SANTA ANA i.t '? ? PUBLIC WORKS AGENCY i CONTRACT CHANGE ORDER Project Number PROJECT NO. 09-9109 -PLAZA OF THE FOUNTAINS Change Order Number 1 - PLANTER RENOVATION AND JOINT REPAIR To Park West Landscape, Inc. Contractor You are hereby directed to make the herein changes from the plans and specifications or do the following described work not included in the plans and specifications on this contract. NOTE: THIS CHANGE ORDER IS NOT EFFECTIVE UNTIL APPROVED BY THE CITY COUNCIL OR CITY MANAGER. Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time. Change requested by PUBLIC WORKS AGENCY The compensation both time and cost set forth in this final change order comprises the total compensation due the Contractor, all Subcontractors, and all Suppliers for all work performed per this change order, including impact on unchanged work- By signing this final change order, the Contractor acknowledges and agrees on behalf of himself, all Subcontractors, and all Suppliers, that the stipulated compensation includes payment for all work contained in this final change order, plus all payment for interruption of schedules, extended field overhead, home office overhead, profit, delay, and all impact, ripple effect or cumulative impact on all other work under this Contract. The signing of this final change order constitutes full mutual accord and satisfaction for all changes and work performed on this project, and that the time and cost paid per this final change order constitutes the total equitable adjustments owed the Contractor, all Subcontractors, and all Suppliers for all work performed on this project. The Contractor on behalf of himself, all Subcontractors, and all Suppliers agrees to waive all rights, without exception or reservation of any whatsoever to file any further claim related to this project. TOTAL COST THIS CHANGE ORDER: DECREASE $ _ _ _ _ _ INCREASE $ 50,165.00 By reason of this order the CONTRACT TIME completion will be adjusted as follows: Add 20 Working Days We the undersigned contractor have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all service necessary for the work above specified, and will accept as full payment therefor the prices shown above. Accepted, Dat Z Contractor Park West Landscape, Inc. By w!l tl ? KEVIN C. ROFF, DIVISION PRESIDENT ) Approval commended b? ? Date ? ? ( ? ( I PUBLIC W S AGENC XE V /RECTOR Approved by ?_ Date 7 ?2 ? Jul CITY MANAGER ? Page 2 of 2