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HONDO COMPANY, INC. (6)
Recording Requested By, Recorded in Official Records, Orange County And When Recorded Mail To: Hugh Nguyen, Clerk- Recorder Clerk Plaza,1POfBoxt19 8a I�I IIIII�� �� �I�VIIIVIIIVIIIVIII��III�III NO FEE R 0 0 0 6 4 8 9 4 0 9$ Santa Ana, CA 92702 201400004718510:44 am 02105/14 10 415 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 ry - THIS SPACE FOR COUNTY RECORDERS USE ONLY 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; FISHER PARK BUTTERFLY AND BIRD HABITAT & CENTENNIAL w PARK SLOPE REPAIR under contract entered into on August 5, 2013, with HONDO Co a COMPANY. INC., on which contract SURETEC INSURABCE COMPANY is surety. The o property on which such work improvement was placed is in the City of Santa Ana, County of o z Orange, State of California, and described as Project No. 11 -2606 & 13 -7515 located at: FISHER aAND CENTENNIAL PARKS. The work improvement on said property was accepted as o completed on January 16 2014. vx CITY OF SAN A UNICIPAL CORPORATION w by N Dated: Acting City Engineer TITLE OU______________________ _______________________________ ai VERIFICATION I, the undersigned, say: I am the Acting City Engineer 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 deccllar under penalty of perjury that the facts therein stated are true. Executed on ���T �� l at Santa Ana, C lifornia G� (Signature of individual swearing that the contents of Notice of Completion are true.) THIS NOTICE OF COMPLETION MUST BE RECORDED WITHIN TEN (10) DAYS AFTER COMPLETION REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 20, 2013 TITLE: CONTRACT AWARD FOR FISHER PARK BUTTERFLY AND BIRD HABITAT (PROJECT NO. 112606) AND CENTENNIAL PARK SLOPE REHABILITATION (PROJECT NO. 137515) Cr4YMA AG ER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED I�As Recommended ❑ As Amended ❑ Ordinance on I" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Award a contract to the lowest responsible bidder, Hondo Company, Inc., in accordance with the base bid, totaling $172,915, for the construction of Fisher Park Butterfly and Bird Habitat, and Centennial Park Slope Rehabilitation projects. 2. Approve the Cost Analysis, as shown in Exhibit 1, for a total estimated project delivery cost of $224,770. DISCUSSION The Parks, Recreation, and Community Services Agency received funding from the California State Parks Habitat Conservation Fund Grant Program to install a butterfly and bird habitat landscape along the southern edge of Fisher Park adjacent to the Santiago Creek (see Exhibit 2). The project will beautify the existing slope and create an environment to attract various species of butterflies, hummingbirds, and other wildlife. The project scope includes: removal of non - native vegetation, elimination of invasive plant species, planting of native plants and flowers, and installation of interpretive signage. At the Centennial Park Soccer Complex, there is a need to rehabilitate the slope along a bike access trail on the north side of Soccer Field No. 4 (see Exhibit 3). Water run -off from storm and irrigation water has caused erosion to the slope and damage to the synthetic turf soccer field. New retaining walls and curbs will be constructed to reduce the slope angle along with the installation of riprap rock. New handrails will provide pedestrian safety along the top of the slope. Contract Award for Fisher Park Butterfly and Bird Habitat and Centennial Park Slope Rehabilitation Projects May 20, 2013 Page 2 The Notice Inviting Bids was advertised on March 25 & 26, 2013, and bids were opened on April 24, 2013. The following is a summary of the bid invitations mailed and received, and the bid results: Contractor Participation Data Santa Ana contractors receiving notices 18 Contractors requesting bidding documents 33 Bids received 8 Bids received from Santa Ana contractors 1 Bid Results Summary RANK BIDDERS NAME LOCATION BASE BID 1 Hondo Company, Inc. Santa Ana $172,915.00 2 ACE CD, Inc. Glendora $175,939.55 3 Aramexx Construction Chino $194,585.00 4 Roadway Engineering & Construction, Inc. Mira Loma $194,664.00 5 Ted Enterprises, Inc. San Clemente $232,020.00 6 STL Landscape, Inc. Los Angeles $240,000.00 7 Kasa Construction, Inc. Ontario $288,650.00 8 AToM Engineering Construction, Inc. Hemet $318,962.00 A total of eight bids were received and deemed responsive, with Hondo Company submitting the lowest responsive bid. Their $172,915 bid is 8 percent under the $187,740 Engineer's Estimate. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. Categorical Exemptions Environmental Review Nos. 2008 -167 (Project 11- 2606) and 2013 -32 (Project 13 -7515) were filed for these projects. In addition, a Certification of Categorical Exemption and a Statutory Worksheet have been prepared in accordance with the National Environmental Policy Act. Contract Award for Fisher Park Butterfly and Bird Habitat and Centennial Park Slope Rehabilitation Projects May 20, 2013 Page 3 FISCAL IMPACT The Project Cost Analysis calculation has determined that total project delivery, including construction administration, inspection, testing, survey, and contingencies, is $224,770. Funding is available to cover these costs in the Community Development Block Grant Fund (Account 13518783 - 66220), Habitat Conservation Fund (Account 16113265- 66220), and the A & D Fund (Account 31213260-66220). TI C �_ Raul Godinez II Executive Director Public Works Agency Sandra D. Gottlieb Acting Executive Director Community Development Agency Gerardo Mouet Executive Director Parks, Recreation & Community Services RG /TC APPROVED AS TO FUNDS AND ACCOUNTS Francisco Gutierrez Executive Director Finance & Management Services Agency Exhibits 1: Cost Analysis 2: Fisher Park Butterfly and Bird Habitat Project Location Map 3: Centennial Park Slope Repair Project Location Map COST ANALYSIS PROJECT 11 -2606 FISHER PARK BUTTERFLY AND BIRD HABITAT PROJECT 13 -7515 CENTENNIAL PARK SLOPE REHABILITATION Construction Contract $172,915 Contract Administration $7,553 Inspection and Testing $14,515 Survey Staking $3,850 Contingencies $25,937 TOTAL ESTIMATED CONSTRUCTION COSTS $224,770 Exhibit 1 Contract Award for Fisher Park Butterfly and Bird Habitat and Centennial Park Slope Rehabilitation Projects May 20, 2013 Page 5 MEMORY ISHE SANTIAGO Santiago Creek SANTA �A LOCATION MAPS (NOT TO SCALE) � W <I O O m 1 LOCATION MAPS (NOT TO SCALE) Contract Award for Fisher Park Butterfly and Bird Habitat and Centennial Park Slope Rehabilitation Projects May 20, 2013 Page 6 LOCATION MAPQ (NOT TO SCALE) SANTA ANA CM A "IA CITYCOLINIM Npiw MAY 2a 2W i I A 3 R Road Zr EDINGER AVE O ENT N IAL J m i Soccer Field p j CENTENNIAL PARK m o! Q Q R 2. N FRWECT LOCATION w i a i WARNER AV z Q to N LOCATION MAPQ (NOT TO SCALE) SANTA ANA CM A "IA CITYCOLINIM Npiw MAY 2a 2W • AGMT NO. 2013 -075 - Automasters v. City of Santa Ana; Orange County Superior Case No. 2012 - 00573637; Comprehensive settlement in the amount of $450,000. 19B EXCUSED ABSENCES — None 19C DESTRUCTION OF OBSOLETE CITY RECORDS - Public Works Agency MOTION: Approve the requests for the destruction of obsolete records from various City departments in accordance with the retention schedule outlined in City Council Resolution 2013 -014. BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20A AGREEMENT AND APPROPRIATION ADJUSTMENT FOR A BOOK TO ACTION 2013 GRANT FOR THE "TRUE NOTEBOOKS" PROGRAM - Parks, Recreation & Community Services Agency MOTION: 1. Authorize the City Manager and Clerk of the Council to execute an agreement, subject to non - substantive changes approved by the City Manager and City Attorney. AGMT NO. 2013 -068 - With the California Center for the Book in an amount of $3,000 for a Book to Action 2013 grant for the "True Notebooks' program. 2. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2013 -129 - Recognizing $3,000 in Book to Action 2013 grant revenue in the California Library Services Act revenue account and appropriate same to expenditure account. PROJECTS /CHANGE ORDERS 23A CONTRACT AWARD FOR FISHER PARK BUTTERFLY AND BIRD HABITAT (PROJECT NO. 112606) AND CENTENNIAL PARK SLOPE REHABILITATION (PROJECT NO. 137515) - Public Works Agency; CITY COUNCIL MINUTES 6 MAY 20, 2013 Community Development Agency; Parks, Recreation & Community Services Agency MOTION: 1. Award a contract to the lowest responsible bidder, Hondo Company, Inc., in accordance with the base bid, totaling $172,915, for the construction of Fisher Park Butterfly and Bird Habitat, and Centennial Park Slope Rehabilitation projects. 2. Approve the Cost Analysis for a total estimated project delivery cost of $224,770. AGREEMENTS MOTION: Authorize the City Manager and Clerk of the Council to execute the following agreements, subject to non - substantive changes approved by the City Manager and City Attorney and/or actions as noted on the Request for Council Action report. (Item 25A and 25B) 25A JANITORIAL MAINTENANCE SERVICES AT SANTA ANA POLICE DEPARTMENT - Police Department • AGMT NO. 2013 -069 - Execute a three -year agreement with ABM Building Maintenance Company in an annual amount not to exceed $1,097,340. • AGMT NO. 2013 -070 - AMENDMENT - With Able Building Maintenance Company in an amount not to exceed $30,830 for a one - month period. 25B AGMT NO. 2013 -071- VETERINARY SERVICES FOR THE SANTA ANA ZOO AT PRENTICE PARK - With Dr. Scott Weldy in an amount of $75,000 for a one -year term - Parks, Recreation & Community Services Agency **END OF CONSENT CALENDAR "* CITY COUNCIL MINUTES 7 MAY 20, 2013 THE REGISTER 625 N GRAND AVE, SANTA ANA, CA 92701 Telephone (714) 796 -7000 / Fax (714) 796.6059 PROOF OF PUBLICATION (2015.5 C.C.P.) State of California . ) County of ORANGE ) ss Notice Type: BID - NOTICE INVITING BIDS Ad Description: Fisher Park Butterfly and Bird Habitat & Centennial Park Slope Repair 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 publisher of 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 11/19/1905, Case No. A21046. That the notice, of which the annexed is a 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 -witr 0312512013, 03/2612013 Executed on: 03/2612013 At SANTA ANA, California I certify (or declare) under penally of perjury that the foregoing is true and correct. _ -u This space far rims stamp only CNSS; 2462511 11TICB INVITING BIDS NOTICB�f^aT�C6- /rGl /t—EN that ill of Santa Ana, Canner resolve at the City Hall -Ross Annex, (M- 22), 20 Civic Center tubes, Santa Ana, California 92701, the blc W r1. one ,Tpjb oar e e f n�(s1y, on or before the hour of 2:00 Bm. on All 17, 2013 sealed fee and /or pp ppoads for ProlI�et No. it.2606: pis or park Bultenty and Bird Habllat And current the Page rates shall be will enter inla the proposed contract it the same is awarded la him. The signature at the BIDDER on the bid band most be notarized. The City Council reserves the hght to reject any or all bids. The successful BIDDER must ppossess. or obtain a valid Celifomia Class (A or CB or a for Building) Contractors prior to No scheduled award date of this contract. The mark to be performed only under Procut No. 13, 7515 la sub act to the Mo ulremenls c1 Section 3 of Iha Housing ad Urban Davelopmenl Act of 1900, as amended. 12 U.B.C. 1701. (suntan 3). The City o1 Banta Ana has established an Annual Anticipated DBE Panlolpntion Level (AADPL) of 9.65% (3.27% Have Neulral and 0,30% Race Conscious) for projects constructed during the Federal Fiscal year 201212013. This percentage ro shall apply [tie cost f Deicer No. 164615 only. II I I II II II II II II II I I I 1 1111 I I I li * A 0 0 0 0 0 3 0 1 6 4 5 1 0 y1 U,V N Cf i U.1 < q� e m 7 3 ev a V. 1 R_ v �a 1 CITY OF SANTA ANA Project No. 11-2606: Fisher Park Butterfly and Bird Habitat Project No. 13.7515: Centennial Park Slope Repair PROPOSAL & CONTRACT AGREEMENT BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: Hondo Company, Inc. 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 4 Bid Item Unit Quantity Unit Price Amount Project No. 11-2606: Fisher Park I Demolition (tree removal, clearing & LS 1 $ --- 15L600-00 grubbing, and weed eradication) 2. 24" Box Plant EA 15 $.--460.&- $-AaQQM-- 3, 15 Gallon Plant EA 15 $-L4QM— $L11-0k0-0 4. 5 Gallon Plan EA 150 $-M.W 500.00 5. Landscaping LS 1 $ --- $. .2,660.9.0. 6. Irrigation LS 1 $- $-2a,&83Aa 7. Landscaping and Irrigation I'S 1 $ S--2.2R 0.-- Maintenance 8. Interpretive signs EA 2 $_A2Qfl,'Q-Q $ 8,400.00 TO BE INCLUDED IN BID PACKAGE BP I of 29 i Project No. 11 -2606: Fisher Park Butterfly and Bird Habitat Project No. 13 -7515: Centennial Park Slope Repair BID PROPOSAL: t_'ontinUed Item # Bid Item Ltnit >uantity Unit Project No. 13- 751.5: Centennial Park Slope Repair 9. Clearing and Grading LS 1 $........ - -- $ (,,960,.o.a M Unclassified Excavation * C'Y 80 $ 45 D- $ 3 600.00 11. Asphalt Concrete TN 50 $..._ 130.00 fi,�.119. 12. Retaining Wall at Top of Slope LF 66 S 380,.00 $5.080.00 (including hand railing? 13. Type B -I curb with hand railing LF 90 $ 108.00_._- $--9,72-U-0 14. Type B -I curb only LF 80 $ _ 26,00 $ 2.080 00 15. Riprap Rock * TN 250 S65.00 $ 00 16 Root Shaving EA 4 $__350.00 $.—L400 QQ TOTAL BID (combined projects I1 -2606 & 13-7515) --------------------------------- $ d72215 00._. * The quantity for this bid item is drown 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. PROJECT NO. TITLE & L LMITS RIDDL R Project No. 11 -2606: Fisher Park Butterfly and Finn Hummingbird Habitat and uQQ Company Inc. Project No. 1.3 -7515: Centennial Park Slope Repair Address 7121 S Lyon SlSanta Ana Ca 92705 Phone 714- 434 -0104 Fax Email BIDDER Signature TO BI Bl' 2 of 29 17 4- 434 -2015 CITY OF SANTA ANA Project No. 11 -2606: Fisher Park Butterfly and Bird Habitat Project No. 13-7515: Centennial Park Slope Repair ENT LIST OF SUB- CONTRACTORS f-T(-)RS 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: 1/2%ofthe bid or$10,000, whichever is greater - Buildings, parks, or other projects: Y2% of the bid BIDDER proposes to subcontract certain portions of the work to the firms listed below: NAME Buena Vista Landscape NAME LOCATION 1472NHardingSt Orange Qa LOCATION PHONE 714-779-1 ?.n?. PRONE TYPE OF WORK ian&_Cap_e $__fiqfflU0 TYPE OF WORK NAME LOCATION PHONE TYPE OF WORK NAME LOCATION PHONE TYPE OF WORK NAME LOCATION PHONE TYPE OF WORK NAME LOCATION, PHONE TYPE OF Pq--A- Name offittnM*itting B Signature NAME LOCATION PHONE 'TYPE OF WORK NAME LOCATION PHONE TYPE OF WORK NAME LOCATION PHONE TYPE OF WORK NAME LOCATION PHONE TYPE OF WORK TO ]IF INCLUDED IN BID PACKAGE BP 3 of 29 MY OF SANTA ANA Project No. 1;1- 2606: Fisher Park Butterfly and Bird Habitat Project No. 13-7515: Centennial Park Slope Repair 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 tire Council with her signature and official sea] noting hereon the action of approval of the Council, signed by the Public Works Agency Executive Director or his duty 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 ton (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 damage,,, 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 14-A, C--- TJ 4/ Signature of BIDDER Title President - Robert Lloyd (if an individual, so state) TO BE INCLUDED IN BID PACKAGE BP 4 of 29 Project No. 11-2606: Fisher Park Butterfly and Bird Habitat Project No. 13 -7515: Centennial Park Slope Repair PROPOSAL AND 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 corportion, and names of President, Secretary, Treasurer and Manager, thereof.) I Awarded to e12. i W, - ACTION 01; COUNCIL: on n-the basis of lowest responsible and responsive bidder in the amount of Date yv-1.1 o�D"fie20 ATTEST: ACLERK OF THE COUNCIL APPROVED AS TO FORM: ACCEPTED II, 1 -'C-1 - F ' OR " I CITY OFPA SANTA ANA: JTY xV3R F�Y� ECUTIV F DI 'OR PUBLIC WORKS C E N C Y TO BE INCLUDED IN BIT) PACKAGE BP 5 of 29 CITY OF SANTA ANA Project No, 11-2606: Fisher Park Butterfly and Bird Habitat Project No. 13.7515: Centennial Park Slope Repair (THE, BIDDER AS EXECUTION oM THE SIGNATURE PORTION OF, TH N, PROPOSAL SHALL ALSO COATSTITUTEAIV ENDORSEMENT AND EXECUTION OF THOSE CFRTIFICATIONS WHICHAREA PART OF THIS PROPOSAL) EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION The proposed subcontractor hereby certifies that he has _/%, has not_, participated in a previous contractor subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements. Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (4 1 CFR 60-1.7(b) (1)), and roust be submitted by BIDDERS and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60 -1.5. (Generally only contracts or subcontracts of$] 0,000 or tinder are exempt.) Currently, Standard Form 100 (EEO -1) is the only report required by the Executive Orders or their implementing regulations. Proposed Prime Contractors and Subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the del inquest period or Such other period specified by the federal I-i ghway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. TO BE INCLUDED rN BID PACKAGE 13P 6 ot'29 CITY OF SANTA ANA Project No. 1l^2606: Fisher Park Butterfly and Bird f{abitat Project No. l3'75l5: Centennial Park Slope Repair PROPOSAL AND CQNJK&QLA0EEMENT CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR The undersigned contractor u« corporate officer, during the performance uf this contract, certifies mu l. The Contractor shall not discriminate against any employee ur applicant for employment because of race, color. religion, m:u.cv national origin. The Contractor shall take u{firozu6ve action tuensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, 0, national origin. Such action shall include, but not he limited to, the following: employment, upgrading, demotion, or transfer; recruitzoo¢or recruitment u(veMisinT,layoff or termination; rates of pay or other fornis of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices tvh*provided setting forth the provisions uf this nondiscrimination clause. 2. The Contractor shall, in all solicitations ox advertiserrictits for employees placed bymon behalf uF the Contractor, state that all qwU|fimJapplicants will receive consideration for employment without regard k> race, color, religion, sex, m, national origin. 3. The Contractor shall send to each labor union or representative of workers with which h*/mhthms a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union vr workers' representatives o[the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for «unp1oYuuenL 4. The Contractor shall comply with all provisions Of Executive Order |124tqf September I4, !905, and o[ the rules, regulations, and relevant orders nfthe Secretary ofLmhor� 5. The Contractor shall furnish all information and reports required hy Executive Order ii24Gof September 24.\g65,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 hivQstigation, to ascertain compliance with such rules, regulations, and orders. 6. !it 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 onopood*d iu whole w/iu part and the Contractor may h* declared ineligible for bmtbtrGovernment contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order l|240&f September I4,l465, and such other sanctions may bo imposed and remedies invoked asp/nvidmd iu Executive Order l|%4Aof September %4,l065,(.r by rule, regulations, vrorder uf the Secretary of Labor, ^rwo otherwise provided bylaw. T0136 INCLUDED [N BID PACKAGE QP7m[29 CITY OF SANTA ANA Project No. 11-2606. Fisher Park Buttertly and Bird Habitat Project No, 13-7515: Centennial Park Slope Repair PROPOSAL AND CONTRACT AGREEMENT CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR (continued 7, The Contractor shall include the portion ofthe sentence immediately preceding paragraph (1) and the provisions of paragraph-, (1) through (7) in every subcontractor 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. & 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 rovided in Section 1420, and any contractor of public works violating this Section is subject to a1�t e lenalties imposed for a violation of the Chapter. Signed Title Fir"' Hondo Company Inc. Date TO BE INCLUDED IN BID PACKAGE BP 8 of 29 CITY OF SANTA ANA Project No. 14-2606: Fisher Park Butterfly and Bird Habitat Project No, 13-7515: Centennial Park Slope Repair PRQPQSAL AND t:ONTRAC7' At ENT WORKERS' COMEENSYMON INSURANCE CER'T'IFICATION 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 tile provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this contract. If 1, as the Contractor, now or at any time during the course of this agreement, quality as all employer tinder California Labor Code Section 3300, unless the hired emptoyee(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 coverage,rfe/ except. upon thirty (30) days prior written notice to the City of Santa Ana, Signed Title Firm Hondo Com arry, Inc. Date 04/17/2013 TO BE INCLUDED IN BID PACKAGE BP 9 of 29 CITY OF SANTA ANA Project No. 11-2606: Fisher Park Butterfly and Bird Habitat Project No. 13- 751.5: Centennial Park Slope Repair PROPOSAL, AND CONTRACT AUREEMENT 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. 1. Ci of Anaheim - 200 S. Anaheim Blvd #276 Anaheim, Ca 92805 Name and Address of Owner. Naomi Name and Telephone Number of person familiar with project. R23,263 00 Restroorn Renovation /Landscaping October 2012 Contract Amount Type of Work Date CompletedF_ 2, Ci of Santa Ana - 20 Civic Center Plaza M -22 Santa Ana Ca 92701 Name and Address of owner. Kurt Wiemann�714- 647 -5639 Name and Telephone Number of person familiar with project. $630,631.00 — Bike trail restoration_ September 2012 Contract Amount Type of Work Date Completed 3, City of Name and Address of owner, Kirk Elliott 9 Name and `Telephone Number of person familiar with project. _$94,320.00 Relocate restroom/landscap:ing March 2012 Contract Type of Work Date Completed The following are the names, addresses, and telephone numbers or all brokers and sureties from whom BIDDER intends to procure insurance and bonds. Millenium Corporate Solutions William Syrkin/Rebecca Haas-Bates Be wermaster & Associates 5530 Trabuco Rd. 11 — PO Box 6026 949-857-4500 Cypress, Ca 90630-6026 888-825-4322 TO BE, NCLUDED IN BID PACKAGE BP 10 of 29 CITY OF SANTA ANA Project No. 1.1 -2606: Fisher Park Butterfly and Bird Habitat Project No. 13-7515: Centennial Park Slope Repair PROPOSAL AND CONTRACT AGREEMENT BIDDER'S STATEMFNTREGARDING APPRENTICESHIP REOUIREMENTS The undersigned BIDDER is flimiliar 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 ofthe public work for a certificate approving the contractor Linder 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 WJ11'k, in the same amount or upon the same basis and in the same manner as the other contracto. i contractors not signatory to the trust agreement shall pay a like amount to the California Appi i Council. Signed Title President - I Firm rm Hondo CoTTAny, Inc. Date U/I 7/9n] I TO BE INCLUDED IN 131D PACKA(3E BP I I of 24 CITY OF SANTA ANA Project No. 11 -2606: Fisher Park Butterfly and Bird Habitat Project No. 13 -7515: Centennial Park Slope Repair 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 on -c Ilusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion th reof hall also constitute signature of this Non - collusion Affidavit. BIDDERS are cautioned thaq akinla false certification may subject the certifier to criminal prosecution. Signed State of California County of Orange Subscribed and sworn to (or affirmed) before me on this 17thday of April 2013 by Robert Lloyd proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. r Zj"G Notary blic Signa MARY L.L. SAL ADO �ra� Commission # 1886054 ` s . ®. Notary Public • California z Distills County My Comm. Expires Apr 17, 2014 Notary Public Seal BP 12 of 29 TO BE INCLUDED IN BID PACKAGE CITY OF SANTA ANA Project No. 11- 2606.1 isher Park Butterfly and Bird f labitat Project No. 13-7515: Centennial Park Slope Repair ENT 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" Aet (18 USC 74) as supplemented in the Department of Labor a[ 0 (29 CFR, Part 3). This act provides that each contractor or at or re& subcontractor shall be prohibits fire inducing, by any means, any person employed in the construction p a y part of the compensation to which he/she is otherwise entitled. or repair of public work, to gi�_7ufl ti Signed Title Firm Hondo Company, Inc. Date 04/17/2013 f0 BE INCLUDED IN RID PACKAGE BP 13 of 29 CITY OF SANTA ANA Project No, 11.2606: Fisher Park Butterfly and Bird habitat Project No. 13.7515: Centennial Park Slope Repair PROPOS tL AND CONTRAC "1` ACrI2EEVIENT CONTRACTOR'S LICENSING STATENIL, The undersigned contractor, or corporate officer, declares under penalty of perjury that the following is true and correct. Contractor's Name; Hondo ComiDanv, Inc. Business Address; 2121 S. Lyon St, Santa Ana Ca 92705 Telephone: 714- 434 -0215 State; Contractor's License No. and Class: CA #373104 - Class A, B, C27 C61 /D12, C61/D34 Expiration Date: n/111 0n] I A n Signed: Title: TO [IF INCLUDED IN BID PACKAGE BP 14 of 29 CITY OF SANTA ANA Project No. |l^2606: Fisher Park Butterfly and Bird Iiuhitak Project No. 13-7515: Centennial Park Slope Repair PROPOSAL AND CQNTRACLCLAJ�� SECTION 3~C()NYRAC7CLA|]SES A. The work to be performed under this contract is subject to the requirements mf Section ]ofthe Housing and Urban Development Act vfl4b8`muamended, 12 [].S�C. l?0|o (Section 3). The purpose 0f Section 3iutu ensure that employment and other economic upportWDitics generated hy HUD assistance 0r HUD-assisted projects covered kySection 3` shall, tu the greatest extent feasible, be directed to low- and very low-income persons, particularly persons- who are recipients of HUD assistance /lorhousing, B� 'The parties to this contract agree k/ comply will) HUD's regulations iu24[PRi Part 135�which implement Section J.As evidenced bytheir execution uf this contract, the parties tothis ooukuo\ certify that they are under no contractual or other impediment that would prevent them from complying with the part l35regulations, C� The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization 0r workers' representative ofthe contractor's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice, The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees k»include the Section 3 clause iu every subcontract subject iocompliance with regulations in24{FR Part |35, and agrees to take appropriate action, um provided inuu applicable provision nf the subcontract nriu this Section ] clause, upon a finding that the subcontractor iuio violation oy the regulations in24CF& Part )35,The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge of that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. lOB8 INCLUDED lN BID PACKAGE BPl5o[29 CITY OF SANTk ANA Project No, ]l~26A6: Fisher Park B and Bird Habitat Project No. 13-7515: Centennial Park Slope Repair ENT 6. 'The Contractor will cmd\hv that any vacant employment ypokkxxoiuo|udinmtr*imio&pnsdiouy, that are filled (}) after the contractor i^ selected, but before the contract is executed, and (%) with persons other than those towhom the regulations o[24CPl& Part il5 require employment opportunities tnKe directed, were not fi|ledio circumvent the contractor's obligations Linder 24 (-FR Part ]]5� F. Noncompliance with HUD's regulations in24CF@part 33 may result in sanctions. termination nf this contract for default, and debarment ar suspension from bduze HUD assisted contracts. G. With respect to work performed im connection with Section 3 covered Indian housing assistance, Section (?) ho[ the Indian Self-Determination and Education Assistance Act (15l.|.H.C. 450w) also applies to the work k.6e performed under this contract, Section 7(b) requires that tOthe greatest extent feasible (1) preference and opportunities for training and employment .subcontracts shall be given to Indians, and (il) preference in the award Vf contracts and mvhcvNrmo* nhuD he given to Indian organizations and [mdiau~on/uxd 800xono{o Enterprises. Parties to this contract that are subject to the provisions of Section 3 and Section 7 (b) agree to comply with Section to the maximum extent feasible, but not in derogation of compliance with Section 7(b). For the purpose wf training and employment the REiMM Section 3 cowered project area iothe area io closest proximity to the actual construction work site within the D.0. Census 'Tract in which the project is located. It is understood that priority for employment opportunity is to be given 10 residents residing within the primary Section 3 area oodefined. A Section 3 area resident is any lower income individual residing within the Section area, whose total family income does not exceed 80% of the median income of the metropolitan statistical area in which the project io located (Orange Coouty}.A public housing resident io defined br regulations am Section 3 resident, regardless ofincome. The contractor and each subcontractor certifies that they will provide, to the greatest extent feasible, opportunities for employment to lower income residents (local residents) find job opportunities i& connection with projects io their neighborhoods, For fiscal year |046^9?, minimum goal for each project is 3V/o 7ODE INCLUDED [W BID PACKAGE BPl6uf%@ 39 e, �2 � Project No. 11-2606: Fisher Park Butterfly and Bird habitat Project No. 13 -7515: Centennial Park Slope Repair PROPOSAL AND CONTRACT AGREEMENT continued The Contractor /Sub- contractor /Service Provider by the signature affixed hereto declares under penalty of perjury: Contractor /Sub - contractor /Service provider has read Section 3 requirements and accepts all its requirements contained therein for all of his/her operations within the City of Signature Robert Lloyd - President Print Name and'Fitle Print Name and Title Signature Print Name and Title 04/17/2013 Date TO BE INCLUDE'D IN BID PACKAGE BP 1.7 of 29 CITY OF SANTA ANA Project No. 14-2606: Fisher Park Butterfly and Bird Habitat Project No. 137515: Centennial Park Slope Repair ENT FEDERAL REQUIREMENTS FOR FEDERAL-AID CONSTRUCTION -PROJECTS G)ENEKAt,-'IIba,A"k healn pt d will be finartood lawbolo or hi petwith Fe dam flands'anditicitimall of &sm&, area nxireg.tk is poroulgWiry the Fedctul (k),,emnxn ad alaplicallcicwritkfirarredin NNh* or in pea with Aid GonitaLtion Contact% "Form FHWA 1273, me includied in this Sreition K Whermer in said retialrod =1W fsuArrr; iclererees are naide fb'W-IA offirea"SKA resUaft iatigjnaer," relmantaiw of &- d2linad inSomotl 1-1.18 MWORNIANCE OF PREVIOUS 0ONrHUCI' - In Wdh)n to the provisions in Section 11, and Sixtion VII, "Sublouing or huAigring the Caitiac; 'cfare rulaitoil con baer fowiskm The Claaraca* shall comply with the following 'fir BIDDER shall ev3aae lie CERTIFICATION WI 1N R6Y3ARD TO TT-I{: PrRIFORNWsM OF PRrVK)US CONTRAM OR SL)WYJ\'rRACTS SUBJECT TO THE EQUAL OPPORTUNITY (1-At SE AM)] TIE FIT ING OF RFMIFXD REFOVISS kx"w lathe iariposirL No mitest for sublaftrigor assigning ary Mum oftic wran, in ofswflori Vil ofife sequirod miitatt poosiom reties such requet is accompanied by the CERTIFICA-TION wined in abave, exocated Lyy the pqxgDd subxxtuackt. NON—COLMSION PROVLSM, S - Mr provisions it this sockin are onEJalotoallamurai ;catcnaMa�fca'F<zkraiAkl pis. 'I'de 23, United Stab (X* Seaton IIZ ivrivats m a comifti ort prevAll rte approval by lie IWeral Highway Adminisuater of the wrimict far lh s work ii wch BIDDER fk a swom stakmert amicadby, ar on bahalfofiho pwat linen, ass)oiaraq, or e to whom such aerate: is to IV, watdod, Cialipig ri such PUSA rmr, associali a cospomiiiia has 1A either diactly or iwdnecty' arTeed intor ally agularem Rmitaged to " collusion (v ofiervass Ili any A asm to make the noii-oolbrakiri affirlavit catentert inutrimd by Section 112 as a 2&L,V- Sec. 11746,isircludedinifielsoposal, PARIFICHIXITON BV DiSADVANTAGM BUSli ENIFAUqdg,;SINStiBCOIVIRACMG-Pxt26,r�lc49,(,*ofFekW Aftadanama Unhii &07-97 (This form ueeil riot be filled in if alljoint venture firms mic minority owned.) 1. Name oficant veriture 2, Address of join venture 3. Phone number oflobitventure 4.1denfify the fimis which comprise thejoint vermare. (I'heDBF partner must complete Schedule A) a. Descdbe the role ofthe DBE finn in thisjoint venture. b. Describe very briefly the experience and business qualifications of ranch non,44BEjoint venture:_--_ S. Nature of the venture's business 6. Provide a copy ofthejoint venture agroctrient, 7. What is the clairred perventageof DBE ownorship'? & Ownership ofjoint venture: ('this need not be filled in if described in drejob it venture aqverasnt, pinvided by question (6). iL I imfit and loss sharing b. Capital contributions, Including equipment. c. Other applicable ownership interests TO BE INCLUDED IN BIT) PACKAGE BP 13 of 29 CITY OF SANTA ANA Project No. 11 -2606: Fisher Park Butterfly and Bird Habitat Project No. 13 -7515: Centennial Park Slope Repair PROPOSAL AND CONTRACT AGREEMENT 9. Conucl ofandparicipation inthis coneucl: Identify by name, race, sex, and' firm "Hbse individuals andtheirtitles) whom responsible Hondo Com for day4o -day nnanaganeht and policy decision making, unclud'ang, NvneofFUm but nor limkdto ,tlxse with primeresponsibility for a Financial demons Siguaghre Robert Lloyd, President Robert o None b.Ma agame tdemons,suchas: President 1,Estirrafrig Robert Lloyd, President we 2.Matce(Jngand Robert L oyy , presi�� 1 Hiri ngai'd firingofrrang®nnart Robert Lloyd, President 4. Padnasiog ofnnajor horns or supplies ,. Robert toy , President c. Supe voonoffieldopaations Note: If, after filing tisSchedule B and before the campletiono fthe jointventure'swatton the contract covered by finis regulation , these is arty significant change in the infoirriation submitted, ire jointverian must inform the grantee, either directly or though the prime contractor ifthejointventaeisasubcontractor. Af davit `°tine rndmigtied swear tlhat the foregoing statements are correct and include all nhaterial uhib rrithon necessary to identify and explain the Lem and operation of ahrjourt venture and the u,m aed participation by each joint veatrw un the undataldng Further, the undersigned covenant and agree to provide to gmrtee aunu-4 oomplde and accts rite information regarding actual joint vartae work "the paynnarttnerefae and any proposed changes ni any of the joint vehh.ae aringavaus and to period the audit and examination of tie books, reco* and files of thejoint venture , by atlnanzed representatives of the ga rtee or the Federal fronting agency. Any material misreln serin io n will be grounds for tern mating any contract which may be mvaded and for utiAating action anda Federal or State lawsconcavingfateshatormenls:' Attachment Exhibi(A FR2 8-07-97 NarneofFmn Swann Name Date Date Dad April 17, 2013 Sraleof California County of Orange On this 17th, of April ZO 1 30etoro me appeaed (narne) Robert Lloydio re persondty brown who being duly smin, did exeaRe the foregoing affidavit and did shale that he or she was properly aalborM by (Nance of fine) en W toeexutetheatTidmgtanddidsc )mhisorherfreeat"dwd. NolayPublic Mary L Salgado Commission expires 4/17/14 lSeA Date 4/17/13 Hof California Countyof Orange COMMISMOn # 1886054 Notary Public - California Orange County On this _ day of 20 before me appeared (Nave) to me personally lmowv, who being swan, did execute the facgoing affidavit and did state that lie or she was properly autlxnized by (Nave of fine) to exewbo the affidavit and did so as his or he• fix.e act and did. Notary Public Ctimnassionexpires ISM] BP 19 of 29 TO BE INCLUDED IN BID PACKAGE CITY OF SANTA ANA PROPOSAL, AND CONTRACT AGREEMFNT Project No. 11 -2646: Fisher Park Butterfly and Bird Habitat Project No. 13-7515: Centennial Park Slope Repair 1111F 49, CODE OF FEDERAL REGO LATIONS, PAKr 29 DEBARMENT AND SUSPENSION CERTIFICATION The BIDDER under penalty of perjury, certifies that except as noted below, he/she or any person associated therewith in the capacity of owner, partner, director, officer, managec is not currently under Suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within past three years; has not been indicted, convicted, or had a civil judgment tendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years. If there are any exceptions to this certification, insert the exceptions in the following space. Exceptions will not necessarily result in denial of award, but will be considered in determining BIDDERS responsibility. For any exception noted above, indicate below to whom it applies, initialing agency, and dates of action. Note: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal. Signing this proposal on the signature portion thereof shall also constitute signature of this Certification. FED,8-22-88 Name of BIDDER H�q�nany, Inc. BIDDER Signature of BIDDF TO BE INCLUDED IN BID PACKAGE 13P 20 of 29 Local Assistance Procedures Manual EXHIBIT 15 -G2 Local Agency Bidder DBE Information (Construction Contracts) EXHIBIT 15 -G2 LOCAL AGENCY BIDDER DBE INFORMATION (CONTRUCTION CONTRACTS) (Inclusive of all DBEs including the UDBEs listed at bid proposal) NOTE: PLEASE REFER TO INSTRUCTIONS ON THE REVERSE SIDE OF THIS FORM LOCALAGENCV: City of Santa Ana LOCATION: Fisher Park Butterfly & Bird Ha PROJECT DESCRIPTION: 11 -2606: Fisher Park Butterfly & Bird Habitat TOTAL CONTRACT AMOUNT:$ (amount bid for project 11 -2606) BID DATE: 04/17/2013 BIDDER'S NAME: Hondo Company, Inc. CONTRACT HOBE GOAL: CONTRACT ITEM NO. ITEM OF WORK AND DESCRIPTION OR SERVICES TO BE SUBCONTRACTED OR MATERIALS 0 BE PROVIDED (or contracted if the bidder is a DBE) DBE CERT NO. AND EXPIRATION DATE NAME OF EACH DBE (Must be certified on the date bids are opened - include DBE address and phone number) DOLLAR AMOUNT DBE Landscaping uena Vista Landscape 69.000 For Local Agency to Complete: Local Agency Contract Number. Federal -aid Project Number: Federal Share: Contract Award Date: Local Agency certifies that all DBE certification have been verified and Information is complete and accurate. Print Name Signature Date Local Agency Representative Area Code Telephone Number: Total Claimed DBE Participation $69 ,000 42 o/a Signature o 'Bid rI�W &1/x(00 Date f (Area Code) Tel o. s For Caltrans Review: Print Name Signature Date Caltrans District Local Assistance Engineer Perso»to Contact (Please Type or Print) Local Agency Bidder DBE In£onnation(Construotion Concocts) (Rev 6/26/09) Distribution: (1) Copy —Fax or scan a copy to the Caltrans District Local Assistance Engineer (DLAE) within 15 days of contract execution. Failure to send a copy to the DLAE within 15 days of contract execution may result in de- obligation of funds for this project. (2) Copy — Include in award package to Caltrans District Local Assistance (3) Original — Local agency files itat Page 15-32a LPP 09 -02 July 31, 2009 CffY OF SANTA ANA Project No. 11-2606: Fisher Park Butterfly and Bird Habitat Project No, 13-7515: Centennial Park Slope Repair PROPOSAL AND CQINLFRACT AQRE[M[,,Nr NONLOBBYING j- QER I II L(L-AFIQN rOR FED1,RA 1, A] Q CONTRACTS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf ofthe undersigned, to any person for influence or attempting to influence an officer or employee of Congress, or an employe© of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan. or cooperative agreement. (2) If any funds other than Federal appropriate funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U& Code, Any person who fails to rile the required certification shall be subject to a civil penalty of not less than $IU00 and not more than $100,000 for each such failure. The prospective also agrees by submitting his or her bid or proposal that he or she shall require that C aguage of this certification be included in all lower tier subcontracts, which a exceed ;t all such sub-recipients shall certify and disclose accordingly. BIDDER --- Hondo Company, Firm Date . Slmdaid him LLL may be oluined from Utran and F11WA offices TO BE INCLUDED IN BID PACKAGE BE 22 of 29 CITY OF SANTA ANA Project No. 11-2606: Fisher Park Butterfly and Bird Habitat Project No. 13 -7515: Centennial Park Slope Repair PROPOSAL AND CON'rRACT AGREEMENI DISCLOSURE OF LOBBY1NQACLT1V1T1FS Complete this fibmi to disclose lobbV in activities ursuant to 31 U,&C 1352 L'Fypa of Federal Action 2. Status of Federal Action 3. RepriftType: ❑ a. Coridact ❑ a, Bidoilbr/applEatiott ❑ a. initial b. Grant K initial award b. material chratri a c. Corporate Agreement c, post-toyad d. Ban Per- Material Change only: ' Change only: e. Lomo, Guarantee —Rer C Loan firsnumice I 1d: ctTCIlait i'�2 1 4. Name and Address of Reporting Ew@T— 5. If Reporting ,FiifltyiTtN(.).4iN,Sut)awardee, tinier Name and Address ofPrune: ❑ Prime ❑ Subwardee Tier, �fkntnvn Con -essional Distr known 6. Federal Department/Agency: 7, Foderal Program NameMescription CFDA Nurrilhor, If arpllcable S. Fedeml Action Number, Ji'Anotwi 9, AA,,,,trd Amount, J)"known S—'-- - 7-111dividual —Putormalasm 10.a. Narne aid Address of Lobbying Ehthy rnd1)gScrvioes(n*e&g !knYrxmr,�tr5rrenrz', rill lailarih Continuation Sltee. Is) if nocassary) 11. Amount ofTaymerit (cbeck all that apply) 13. Type of payment (check all that apply) a . retainer b, one-drse fee 12. Form of Payment (check all that apply): ❑ C. commission ❑ a. cash ❑ d. contingent fie ❑ lo, in-kind; specify, nature ❑ e. detoured riles ❑ f other, 14. Briet'Description of Services Pertbrated or to he performed and Dates) of'Survim including office4a), oraployee(s), or aiembMsa contactact, for Payment indicated in item 11: (attach Contimicifion Vwel s iY I necvssajv) 15. Conti Yes No Print Name xdvA[ tvavailable krpubtic- insaaction. Any pawa Mu tals, To filerhem#cd diselmire"I be af4ectio acidl penally of Title.. not Pete phone Nm Date Bodand UscOrly: Authorzol firl Ax:aI fict)ioductimi Standard Form LLJ- TO BE INCLUDED IN BID PACKAGE BP 23 of 29 Project No. 11-2606: FMcr Park Butterfly and Bird Habitat Project No. 13-7515: Centennial Park Slope Repair ENI At, CONTRACT PRQVI;z10NfQ (P- EHAA:IM The undersigned, is submitting this proposal for performing by contract the work required by these bid documents, agrees to complygf"h the required Federal Contract Provision (Form FHWA-1273) as shown fit the appendix a] provisions of this project. Signed Title Firm Date YO BE INCLUDED IN BID PACKAGE BP 24 of 29 CITY OFSANTA ANA project No. li^2606: Fisher Park Butterfly and Bird Habitat Project No. 13-7515: Centennial Park SlopuKcpu|r PROPOS, kL AND CONTRACT AGREEMENT The prospective participant certifies, by signing oudxohub/inAihiohidorpr^po»d,k,dheho$ofbixn, her knowledge and belief, that: (|) No Federal appropriated funds have been paid m will be paid, bymoobehalf of the mndengnecL 1^ any person for influencing or attempting to|nOuunuouu officer or employee v{ any Federal Agency, a Member of Congress, an officcr or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of' any Federal loan, the entering into o[ any cooperative agreement, and the extension, continuation. renewal, amendment, or modification of an Federal contract, grant, loan, or cooperativengreement. (2) h^ tiny funds other Federal appropriated funds have been paid vr will 6o paid io any person for influencing ^, attempting b/ioflvouc*oun8iomrurenzooyxeofaoyycdonlogoucy,uMmmheruf Congross, an officer or employee of Congress, or art CTnp]OyOe of a Member of Congress in connection with Federal contract, grant. loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-IA,L*, "Disclosure of Lobbying Activities" in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission or this oartifim¢ion|*a prerequisite for making o,entering into this transaction imposed by Section l352, Title 3l,V.K. Code. Any person who fails A` file the required nexiHemi*o shall brsubject k,u civil penalty of not less than $\0'0Q0 and not more than $ 180.0V0 for each such failure. Tb o0vepa�icipmntalso agrees byuybujVioA his or her proposal that bem� she shall require tknt m the!aogu sre�iboubonbci"o|udcdiu all lower tier subcontracts, which exceed Q)0o`000 and \h�%all Snvh"ub- shall certify and disclose accordingly. Finn Date TJBC INCLUDED EN BID PACKAGE by25nf29 CIT V O.F SANTA ANA Project No. 11-2606: Fisher Park' ark Butterfly and Bird Habitat Project No. 13-7515: Centennial Park Slope Repair PRQPOSAL AND CONTRAC FAGREEMENT AMERICAIRVQUIRFMI:NM FOR STEEL OR MANUFACTURED PRODUCTS The undersigned, is submittin, this proposal for performing by contract the work rquired by these bid documents, certify to o pl with the " Buy America" requirements of Section 165 of the Surface Transportation Assist a. Ac of 1982 and as shown in the special provisions ofthis project. Signed N" Title President - Robert Lloyd Firm Hondo Company, Inc. Date 04/17/2013 TO BF INCLUDED IN BID PACKAGE BP 26 of 29 CITY OF SANTA ANA Pruieut No. \l^%60{t Fisher Park Butterfly and Bird Habitat Project No. 13-7515: Centennial Park Slope Repair PROPOSAL AND CONTRACT AGRELMENT PUBLIC CONTRACTCODE SECTION 10285.1 STATEMENT h\ conformance with Public Contract Code, Section 10385.1 (Chapter 376,Stut8.l985)^ tile BIDDER hereby declares under penalty of perjury under the laws nf the State of California that the BIDDER has ~_~, has not )[ been convicted within the preceding three years of any offenses relbrred to in that section, includin 9 anychargeof fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Fedend antitrust IWA, in xouu*o1ioo */itbd\cb|Jdiugupou,:vvucdof,urporDonom`oeuSuuypub|icvvurkwcoutruut,mmdefioadia Public Contract Code Section 1|0l^ with any public entity, usdefined iu Public Contract Code Section ii00, including the Regents ofthe University of California Ar16rT}u*tr*oof the California State University. The ta,u, "01Ul}Q8i''[o understood 10 include any partner, member, officer, director, responsible managing officer, orresponsible managing employee thereof, uu referred tninSection |028i]. Note: The BIDDER must place a check mark after "has" or "has not" in one of the blank spaces p,uvidcd.7hc above Statement i» part of the Proposal. Signing this Proposal no the signature portion thereof constitute signature uf this Statement. BIDDERS are cautioned that making false c ��on may subject the nm¢i Fier to criminal prosecution. Signed TNo Firn, Hondo Co anv, Inc. Date TO8B INCLUDED PN BID PACKAGE 8P27oC%9 MY OF0AWA ANA Project No. l|~26A6:Fisher Park Butterny and Bird Habitat Project No. 13-7515: Centennial Park Slope Repair PROPOSAL AND CONTRACT AGREF.MFNI' PUBLIC CONTRACT CODE SECTIONa2M�I-Q.—N-A—IRE, l* conformance with Publi� ContractCode Section 10162, the BIDDER shall complete, under penalty of perjury, the following questionnaire: }{a3 the BIDDER, any officer of the BIDDER, or any employee uf the ]BIDDER who has uproprietary interest in the BIDDER, ever been disqualified, removed, or otherwise prevented rrom bidding on, or completing m federal, state, ur mxu} government project because ufu violation of law *zusafety Irthe answer is yes, explain the circumstances in the following spaec. ?V88 INCLUDED 7N BID PACKAGE BP18of29 CITY OF SANTA ANA Project ject No. 11 -2606: Fisher Park Butterfly and Bird Habitat Project No. 13-7515: Centennial Park Slope Repair L>R-0P0S&LNND CONTRACT AGREEMENT. R(—,'BI,IC C0NMR—AC1CQQE.5L—CTI0N 10212 STATEMENT In conformance with Public Contract Code Section 40232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board. Note: The above Statement and Ouestionnaire are part of the Proposal, Signing this Proposal on the signature portion thereof shall also constitute signature ofthis Statement and Questionnaire. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution, Signed Title Firm Hondo Cn—nanv, Inc. Date '10 BE INCLUDED IN BID PACKAGE BP29ol'29 KNOW ALL MEN BY THESE PRESENTS, that we Hondo Company, Inc. as principal, hereinafter called the "Principal," and SURETEC INSURANCE COMPANY, 1330 Post Oak Blvd Suite 1100, Houston, TX 77056, as surety, hereinafter called the "Surety," are held and firmly bound unto City of Santa Ana as obligee, hereinafter called the Obligee, in the sum of ----------TEN ------ - - - - -- Percent ( 10 %) of the Amount Bid by Principal for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the principal has submitted a bid for Project No. 11 -2606 Fisher Park Butterfly & Bird Habitat* *Project No. 13 -7515 Centennial Park Slope Repair NOW, THEREFORE, if the contract be timely awarded to the Principal and the Principal shall within such time as specified in the bid, enter into a contract in writing or, in the event of the failure of the Principal to enter into such Contract, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee prior to execution of the final contract shall furnish evidence of financing in a manner and form acceptable to Principal and Surety that financing has been firmly committed to cover the entire cost of the project; and PROVIDED, FURTHER, unless the bid documents require that bid security remain in effect for a longer period of time, Surety shall have no liability hereon if a contract for the bid amount is not awarded to Principal within 60 days of the date hereof. SIGNED, sealed and dated this SureTec - Bid Bond Uncapped.doc Rev 1.1.06 1st day of Hondo Company, c, (Principal) BY: TITLE: Ro ert 1 ^uureTec Insurance Comoan i BY: ''�L >✓✓`1 William Syrkin, Att rney -in -Fact 2013 PDA y, 510015 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company "), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint William Syrkin, Richard Adair, R. Haas -Bates its true and lawful Attorney -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for: Five Million and 00/100 Dollars ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the premises. Said appointment shall continue in force until 10/31/2013 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice - President, any Assistant Vice - President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s) -in -Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability ,thereunder, and any such instruments so executed by any such Attomey-in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20`r' of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 3rd day of September, A.D. 2010, W�Ou„�v SgJIZETEC INSUR E C PANY S�"AN °F+r, uvi X 9 t° By: w (w 9 John o Jr., resident State of Texas as: 7N !! y s County of Harris - On this 3rd day of September, A.D. 2010 before me personally came John Knox Jr., to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. Y IV: Vw - --'- �`'�,..,e "., JACQUELYN. MAIDONADO Notary Public, State of Texas My Commission Expires acq elyn aldo ado, Notary Public -'' %b�t;',�` may is, 2013 y comet sign ex ' es May 18, 2013 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this 1st day of April ___ 2013 A.D. M. Brent Beaty, Assistant Secretary Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call (713) 812 -0800 any business day between 8:00 am and 5:00 pm CST. CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California l County of Orange )} On 04/01/2013 before me, A. Wildson, Notary Public Date Here Insert Name and Title of the Officer personally appeared William Syrkin Name(s) of slgnorcel A. WILKISON Commission # 1866283 L Notary Public - California 'z z e Orange County n My Comm. Expires Sep 2G, 20131 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name('&) is /ase subscribed to the within instrument and acknowledged to me that he executed the same in his/hAP414 authorized capacity(+es), and that by his/heW44& signature(&} on the instrument the person(,, or the entity upon behalf of which the person*acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ^y Signature_ _44' �S�0 l Signamro of Notal�PUbllc OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Bid Bond Document Date: 04/01/2013 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Number of Pages: One Signer's Name: —_William Syrkin Signer's Name: ❑ Individual ❑ Individual Ell Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): O Partner -- i � Limited ❑ General ❑ Partner — O Limited CI General Fvj Attorney in Fact ❑ Attorney in Fact J Trustee Top of thumb hers' ❑ Trustee Top of thumb here Guardian or Conservator L Guardian or Conservator Other: _. ❑ Other: _ -__,__ Signer Is Representing: _�___ Signer Is Representing: SureTec Insurance Company _ C$2'l>kn'`�. .9+�� .. ...., ... _ _ _ ._ ... .. .. .. ... . _ _ '�Y}�"@.x°1'�+�G� . Ri•✓ J' F= � '.i.''r%���'��...C'n2%5�{*`?i� m2007 Nmienal Notary ASSroolatiw -0350 De auto AVe „P.O. Box 2402 • Chatsworth, CA 91313- 2402•w oNellonalN.Nryorg [to,) #5007 Readers Cali TolbRae 18000.876�6827 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Orange On April 17, 2013 before me, Mary L. Salgado, Notary Public Date Here Insert Name and Title of the Officer ' personally appeared Robert Lloyd Names) of Signers) r, MARYYL.SA�L6 DO+ Commission # 1886054 Notary Public - California i Orange County s + My Comm. Expires Apr 17,2014 Place Notary Seal and /or Stamp Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(e) is /are- subscribed to the within instrument and acknowledged to me that he /sl o4rey executed the same in hisAa� authorized capacity(iea), and that by his /herltPreir signature(-,) 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. Signature:�A 5ignaWre of Noiai ublic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHT THUMBPRINT OF SIGNER Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHTTHUMBPRINT' OF SIGNER C92008 Natlonal Notary Association, 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313 -2402• www.NationalNotary.org Item #5907 Reorder: Call Toll Free 1- 800 - 876 -6827 4/24/13 GmaiI -City of Santa Ana, Public Worla Agency-Bidders List for Flower Street Bi Ice Trai I Project Please review the 3 page Bidders List, again. The Bid Date has changed to April 24, 2013. Have a Great Day! God Bless. t�wr 1A From: Hondo Company [mailto:hondoco @gmail.com] Sent: Wednesday, April 17, 2013 11:28 AM To: Armour, Sheila Subject: Re: City of Santa Ana, Public Works Agency - Bidders List for Flower Street Bike Trail Project [Quoted text hidden] .,, ,...,, ..«..v aHw4lla...,. m,....a,.,.....,. .m.....m,..,..»,»....,....,.... .»..,., .. . ......... ,,,., BIDDERS LIST - 122620 Flower Street Bike Trail Gap Closure.pdf 653K Armour, Sheila <SArmour @santa- ana.org? C70 1r- - ^i- 4 0 3 t1d ti APR 2 5 2013 ORANGECOUNTYCL K•RECORDER DEPARTMENT BY: DEPUTY MAYOR Miguel A. Pulido MAYOR PRO TEM Sal Tinajero COUNCIL MEMBERS Angelica Amezcua P. David Benavides Michele Martinez Roman A. Rayne Vincent F. Sarmiento Recorded in Official Records, Orange County Hugh Nguyen, Clerk- Recorder II II 1I�11 111 IIII11111 II 111 NO FEE *$ R 0 0 0 5 7 9 9 5 1 1$ 201385000313 8:29 am 04/25/13 41 82 Z01 0.00 50.00 0.00 0.00 0.00 0.00 0.00 0.00 CITY OF SANTA ANA PLANNING & BUILDING AGENCY 20 Civic Center Plaza (M -20) P.O. BOX 1988 -Santa Ana, California 92702 (714) 667 -2700 • Fax (714) 973 -1461 w .santa- ana.org NOTICE OF EXEMPTION INTERIM CITY MANAGER Kevin O'Rourke CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Maria D. Huizar From the Requirements of the California Environmental Quality Act (CEQA) Fee Exemption per California Government Code Section 6103 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: Centennial Park Slope Repair Date of Approval: 05120/2013 Project Number(s): PWA- 2013 - 440 -CIP Project Location: 3000 W Edinger Ave City: Santa Ana County: Orange ER Number: ER- 2013 -32 Project Description: Construct a 66' long and 4' high retaining wall to repair a failing slope at Centennial Park. The work includes type B -1 curb with hand railing, AC repair around curb and wall. Placement of riprap rock to stabilize the slope. Applicant Name: Mindy Ly , City of Santa Ana Applicant Address: City of Santa Ana, 20 Civic Center Plaza Santa Ana, POSTED Name of Public Agency Approving ng Project: City Council Name of Person or Agency Carrying Out Project: Ly, Mindy Exempt Status: • Ministerial (Sec. 15268) • Declared Emergency (Sec. 15269 (a)) • Emergency Project (Sec. 15269 (b through e)) • General Rule (Sec. 15061(b)(3)/(5)) ❑ Statutory Exemption: 21 Categorical Exemption: 15301(b) Reason(s) Why Project is Exempt From CEQA: 15301(b) consists of repair and maintenance of existing public facilities City Contact: Sean Thomas — Signature: �°°� -� Title: ,,. 1 ORANGE COUNTY CLERK•RECORp €R DEPARTMENT 9Yt _DEPUTY Telephone: (714) 647 -5655 Assistant Engineer Date: 4/25/2013