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HomeMy WebLinkAboutLEHMAN CONSTRUCTION, INC.Recording Requested By, And When Recorded Mail To: Cleric of the Council, City of Santa Ana 20 Civic Center Plaza, P.O. Box 1988 Santa Ana, CA 92702 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder II1111IIII[JJJI11I11I]JI I[III111 II]JII 1I1[ [IJ1II jjI I11I NO FEE *$ R 0 0 0 7 2 3 7 4 8 6 8* 2015000032284 3:39 pm 01121115 10 415 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 THIS SPACE FOR COUNTY RECORDERS USE ONLY 0 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 SANTA ANA NEW OCELOT EXHIBIT under contract entered into on JULY 1, 0 2014, with LEHMAN CONSTRUCTION, INC., on which contract RLI INSURANCE w COMPANY is surety. The property on which such work improvement was placed is in the City oof Santa Ana, County of Orange, State of California, and described as Project No. 13-2636 o located at: SANTA ANA ZOO. The work improvement on said property was accepted as a completed on JANUARY 2, 2015. CITCY O.E^S-A�5 A AN , A MUNICIPAL CORPORATION Sc— - w by Dated: City Engineer: Edwin William Galvez q TITLES o------------------------------------------------------------------ w x VERIFICATION I, the undersigned, say: I am the City Engineer - Edwin "William" Galvez of the City of Santa Ana, California; I executed the foregoing Notice of Completion acting on behalf of the owner of the property therein described; I make this verification on behalf of said corporation by authorization of the City Council of the City of Santa Ana; I have read said notice and know the contents thereof; and I declare under penalty of perjury that the facts therein stated are true. Executed on �7 1 �'� at Santa Ana, California (Signature of individual swelmmthatthe contents of Notice of Completion are true.) THIS NOTICE OF COMPLETION MUST BE RECORDED WITHIN TEN (10) DAYS AFTER COMPLETION ,n COY REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JULY 1,2014 TITLE: APPROVEDJUL. 01 2014 a3A AWARD A CONSTRUCTION ZAs Recommended CONTRACT FOR THE SANTA ANA ZOO ❑ As Amended OCELOT EXHIBIT PROJECT NO. El Ordinance on 6 Reading ( El Ordinance on 2"tl Reading 132636) ❑ Implementing Resolution ❑ Set Public Hearing For CITY MANAGER RECOMMENDED ACTION CONTINUED TO FILE NUMBER -.2014— r . DI4—rI7" - 1 o-7 7 Award a contract to Lehman Construction, Inc., the lowest responsible bidder, in accordance with the Base Bid lump sum prices including Add Alternates I, II, III and IV, totaling $397,419, for the construction of the Santa Ana Zoo Ocelot Exhibit. 2. Approve the Cost Analysis for a total estimated project delivery cost of $516,630. 3. Approve an amendment to the agreement between the City of Santa Ana and Friends of Santa Ana Zoo to accept an additional $176,902 donation for the Santa Ana Zoo Ocelot Exhibit project, for a total project contribution of $526,902. 4. Approve an appropriation adjustment recognizing the Friends of Santa Ana Zoo donation of $176,902 in the PRCSA Fees and Donations revenue account and appropriating the same amount into the PRCSA Fees and Donations expenditure account. DISCUSSION In June 2013, City Council approved the FY 13/14 Capital Improvement Program (CIP) that included a project to construct the Ocelot Exhibit at the Santa Ana Zoo at Prentice Park (Exhibit 1). When completed, the Ocelot Exhibit will showcase these wild spotted cats, and educate the public on how these animals survive in their natural habitat. Project improvements include construction of an ocelot holding facility, habitat exhibit areas with fencing, pathways, irrigation, and landscaping. The new Ocelot Exhibit is part of the Santa Ana Zoo Master Plan and is made possible by the Friends of Santa Ana Zoo (FOSAZ). FOSAZ has supported the Santa Ana Zoo for many years by raising funds through its zoo membership program, proceeds from train and carousel rides, gift shop sales and charitable donations. The organization also actively works to conserve endangered species and focus the zoo collection on animals from Central and South America. In particular, the Santa Ana Zoo, along with zoos across the nation, is working collectively to save the Award a Construction Contract Santa Ana Zoo Ocelot Exhibit (Project No. 132636) July 1, 2014 Page 2 ocelots from threatened extinction. On July 15, 2013, City Council approved a funding agreement accepting $350,000 in grants and contributions from FOSAZ to develop the ocelot exhibit. The project specifications identified a base scope of work to build a holding facility and one habitat area. Four additional alternative scopes of work were bid to build a second habitat area, interior caging, walkways fencing, furniture, landscaping, and irrigation. Although the available construction funding was greater than consultant architect's construction cost estimate to build the entire exhibit, staff was concerned that the bids may be higher than estimated. Therefore, the project bid instructions specified that the successful bidder would be determined by the lowest base scope bid. The Public Contract Code Section 20103.8 (Exhibit 2) specifies how the lowest responsive bidder is determined and the amount of the contract awarded. A Notice Inviting Bids was advertised on March 28 and 29, 2014, and bids were opened on April 23, 2014. 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 28 Bids received 7 Bids received from Santa Ana contractors 1 Bid Results Summary BIDDERS NAME BASE BASE ADD TOTAL /LOCATION BID BID-�-- SCOPE BID RANK BID Lehman Construction, Inc. ___ Tustin 1 $195,080 $202,339 $397,419 A2Z Construction, Inc. Rancho Santa Mar arita 2 $210,000 $166,360 $376,360 Unique Performance Construction, Inc. 3 $239,000 $224,630 $463,630 Anaheim ch, Inc. Vido SAlta Loma Alta LomaDalke 4 _ $258,000F$237,670 $495,670 & Sons Construction Inc. Riverside 6 $273,327 433,716 $Faris Construction, Inc. Oceanside 6 $285,000 $500,966 A total of seven bids were received and all but one was deemed responsive. The City was advised that additional funding is available to award all of the additional improvements. Award a Construction Contract Santa Ana Zoo Ocelot Exhibit (Project No. 132636) July 1, 2014 Page 3 Therefore staff recommends approval of an amendment to this agreement to accept an additional $176,902 donation, for a total FOSAZ contribution of $526,902. Staff also recommends award of a construction contract to Lehman Construction, Inc., to complete the base scope of work and the four additional improvements for a total of $397,419. ENVIRONMENTAL IMPACT Environmental Review No. ER -2013-54 has been completed and a Notice of Exemption filed pursuant to the California Environmental Quality Act. In addition, a Certificate of Categorical Exclusion has been prepared in accordance with the National Environmental Policy Act (NEPA). FISCAL IMPACT The total delivery cost of this project is estimated at $516,630, which includes construction administration, inspection, testing, survey and contingencies (Exhibit 3). Donations from FOSAZ will be deposited into the Parks, Recreation & Community Services Fees and Donations revenue account (02213002-57081) and appropriated into Fees and Donations expenditure account (02213200-66220). Additional funding to cover the costs is available in the District 3 Acquisition and Development Expenditure Fund (31313260-66220) and the Capital Outlay Expenditure Fund (05113263-66220). Edwin "William" Galy , P.E. Interim Executive Director Public Works Agency Gerardo Mouet Executive Director Parks, Recreation, an Community Services Agency EWG/SF Exhibits: 1. Ocelot Exhibit Location Map 2. Public Contract Code 3. Cost Analysis APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrezg Executive Director Finance & Management Services Agency Award a Construction Contract Santa Ana Zoo Ocelot Exhibit (Project No. 132636) July 1, 2014 Page 4 I� `. FIRST STREET r' ( Vfi -- Project Lac3tiosa I ( r 5ANTAANAZQt7 01� -"--..% �WVVVVSVV�V4VVSV1Vi� N11ll5.11KVV1llUllU144L7 n.�n�,..�ivwwunvwwUj LL..._ ChIESI'NUT AV SANTA ANA A CIly COUNCIL AGENOAOATE; TITLE: NEW aCELOT EXHIBIT 1p Jul, 1, 2A14 AT THE SANTA ANA ZOO R .10A61O , (PROJECT NO. 13-2636) Award a Construction Contract Santa Ana Zoo Ocelot Exhibit (Project No, 132636) July 1, 2014 Page 5 PUBLIC CONTRACT CODE SECTION 20103.8 20103.8. A local agency may require a bid for a public works contract to include prices for items that may be added to, or deducted from, the scope of work in the contract for which the bid is being submitted. Whenever additive or deductive items are included in a bid, the bid solicitation shall specify which one of the following methods will be used to determine the lowest bid. In the absence of a specification, only the method provided by subdivision (a) will be used: (a) The lowest bid shall be the lowest bid price on the base contract without consideration of the prices on the additive or deductive items. (b) The lowest bid shall be the lowest total of the bid prices on the base contract and those additive or deductive items that were specifically identified in the bid solicitation as being used for the purpose of determining the lowest bid price. (c) The lowest bid shall be the lowest total of the bid prices on the base contract and those additive or deductive items that when taken in order from a specifically identified list of those items in the solicitation, and added to, or subtracted from, the base contract, are less than, or equal to, a funding amount publicly disclosed by the local agency before the first bid is opened. (d) The lowest bid shall be determined in a manner that prevents any information that would identify any of the bidders or proposed subcontractors or suppliers from being revealed to the public entity before the ranking of all bidders from lowest to highest has been determined. A responsible bidder who submitted the lowest bid as determined by this section shall be awarded the contract, if it is awarded. This section does not preclude the local agency from adding to or deducting from the contract any of the additive or deductive items after the lowest responsible bidder has been determined (e) Nothing in this section shall preclude the prequalification of subcontractors. Exhibit 2 Award a Construction Contract Santa Ana Zoo Ocelot Exhibit (Project No. 132636) July 1, 2014 Page 6 COST ANALYSIS PROJECT NO. 132636 SANTA ANA ZOO OCELOT EXHIBIT Construction Contract $397,419 Contract Contingency $79,483 Contract Administration* $17,880 Inspection and Testing* $21,848 TOTAL ESTIMATED PROJECT COSTS $516,630 *This is a combined 10% of the construction contract. Exhibit 3 THE REGISTER 625 N GRAND AVE, SANTA ANA, CA 92701 Telephone (714) 796-7000 / Fax (714) 7966059 PROOF OF PUBLICATION (2015.5 C.C,R) State of California ) County of ORANGE )as Notice Type: BID- NOTICE INVITING BIDS Ad Description: SANTAANA ZOO NEW OCEI,QT EXHIBIT I am a citizen of the United Stales 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 cleric 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 11119/1905, 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-wll; 03/28/2014,03/2012014 Executed on: 03/29/2014 At SANTA ANA, California 1 certify (or declare) under penalty of perjury that the foregoing is true and correct. "'' Signat e Thin apooe lw filing stamp only II I I I II II I II II II II II 1111111 III I II III * A 0 0 0 0 0 3 3 7 6 8 5 3 i I 01 h I lD m m � " M G W N O h m'Q s�0 J� U N o N O _ G Z L d M 9 OC O Q " 7 h 2 Q 0 N rT LDH a NN N N X u v m a a Q rn ZjL O o a v ¢ z w a o a U � a. o� c v U F- Wm W F 0 Q s 0 > o z d h a U ++ Q D O a U U N v1 Q (t1 CG M �..: J LLJ M l R, rv» r�.r CITY OF SANTA ANA PROJECT 13-2636: SANTA ANA ZOO NEW OCELOT EXHIBIT PROPOSAI. & CONTRACT AGREEMENT BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: LEHMAN CONSTRUCTION, 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, 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 Base Bid: 1. Construction of Holding Building, LS 1 $148,225.00 $ 148,225.00 including interior CMU partition wall with sliding shift door, two exterior guillotine doors, and concrete pavement at exterior service area, 2. Construction of Habitat Area #1 LS 1 $46,855.00 $ 46,85.5.00 (posts, footings, chain link fabric, "Invisimcsh" fabric, electrical outlets. Does not include interior landscaping or deadfall.) TOTAL BASE BID:------------------------------------------------------------$ -195,080.00 - Add Alternate Bid "I": 3. Construction of Habitat Area #2 LS 1 $52,598.00 $ 52, 598.00 (posts, footings, chain link fabric, "Invisimesh" fabric, electrical outlets. Does not include interior landscaping or deadfall.) TOTAL ADD ALTERNATE BID 1: ------------------------------------- .- ---- S 52,598.00 CITY OF SANTA ANA PROJECT 13-2636: SANTA ANA ZOO NEW OCELOT EXHIBIT PROPOSAL & CONTRACT AGREEMENT BID PROPOSAL, continued Add Alternate Bid "II": 4. Provide and Install Interior Caging LS 1 (steel tube framing, woven steel mesh, two hinged pen doors) TOTAL ADD ALTERNATE BID II: ---- — ----- ------- $20,563.00 $ 20,563.00 20,563.00 Add Alternate Bid 4111199: 5. Decomposed Granite Walkways with SF 3480 $ 3.50 $ 12 ,180.00 edging 6. Lodgepole Fencing LF 40 $ 103.00 $ 4,120.00 7. Pole and Cable Fencing LF 270 $ 86.00 $23,220.00 8. Rope Gates LF 20 $142.00 $2,840.00 9. Benches EA 4 $ 2,220-00 $ 8,880.00 TOTAL ADD ALTERNATE BID III: ---------------------------------------$ 51, 240.00 Add Alternate Bid "IV": 10. Landscape and Irrigation System 11. Landscape and Irrigation System 60 - Calendar Day Maintenance Period TOTAL ADD ALTERNATE BID IV: --- LS 1 $ 66,258.00 $ 66,258.00 LS 1 $-11,680.00 $ 11,680.00 77,938.00 CITY OF SANTA ANA PROJECT 13-2636: SANTA ANA ZOO NEW OCELOT EXHIBIT PROPOSAL & CONTRACT AGREEMENT BID PROPOSAL, continued TOTAL BASE BID: TOTAL ADD ALTERNATE BID I: 195,080.00- 52,598.00 TOTAL ADD ALTERNATE BID II: ----------------------------------------$ 20, 563.00 TOTAL ADD ALTERNATE BID III: ---------------------------------------$ 51, 240.00 TOTAL ADD ALTERNATE BID IV: ---------------------------------------$ 77,938.00 The lowest responsible bidder shall be selected based on the lowest responsive TOTAL BASE BID The City reserves the right to award the Base Bid and any, all, or none of the Add Alternate Bid items. PROJECT NO.. TITLE & LIMITS BIDDER Firm LEHMAN CONSTRUCTION, INC. Address P.O. Box 3569 Tustin, CA 92781 Phone 714-838-7577 Fax 714-838-5077 Email BIDDER Signature IM CITY OF SANTA ANA PROJECT 13-2636: SANTA ANA ZOO NEW OCELOT EXHIBIT 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 $10,000, whichever is greater - Buildings, parks, or other projects: '/a% of the bid BIDDER proposes to subcontract certain portions of the work to the £inns listed below: A Thru Z Consulting NAME and Distributing Inc. NAME Econo Fence Inc. LOCATION Tucson, AZ LOCATION Riverside, CA PHONE 520-434-8281 PHONE 951-685-5000 TYPE OF WORKCage T1rIb are$ 53,035.00 TYPE OF WORK Fencing $ 60,000.00 and Netting NAME JBM Electric LOCATION Eastvale, CA PHONE 949-378-9232 TYPE OFWORKElectrical $ 4,560.00 NAME LOCATION PHONE TYPE OF WORK $ NAME LOCATION PHONE TYPE OF WORK $ NAME LOCATION _ PHONE TYPE OF WORK LEHMAN Name of I INC. NAME LOCATION PHONE TYPE OF WORK $ NAME LOCATION _ PHONE TYPE OF WORK NAME LOCATION _ PHONE TYPE OF WORK NAME LOCATION PHONE TYPE OF WORK CITY OF SANTA ANA PROJECT 13-2636: SANTA ANA ZOO NEW OCELOT EXHIBIT 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 I Signature BIDDER Title (if an individual, so state) CITY OF SANTA ANA PROJECT 13-2636: SANTA ANA ZOO NEW OCELOT EXHIBIT 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) INC. Mark Lehman, President Diana Lehman, Secretary and Treasurer Awarded to Za,&att�2 , ACTION OF COUNCIL on the basis.of lowest responsible and responsive bidder in the amount of ��Y4 6�/ y LAO Date y 20 ATTEST: Qn CLERK OF THE COUNCIL C' . ACCEPTED FOR THF ('ITY OF SANTA ANA: PUBLIC WORKS CITY OF SANTA ANA PROJECT 13-2636: SANTA ANA ZOO NEW OCELOT EXHIBIT 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/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other.sanctions may be imposed and remedies involved 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. BP -7 CITY OF SANTA ANA PROJECT 13-2636: SANTA ANA ZOO NEW OCELOT EXHIBIT 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 provded in Section 1420, and any contractor of public works violating this Section is suvect to�all tV penalties imposed for a violation of the Chapter. Signed Title Firm LEHMAN CONSTRUCTION, INC. Date 4-23-14 CITY OF SANTA ANA PROJECT 13-2636: SANTA ANA ZOO NEW OCELOT EXHIBIT 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 cove: ge reduced except upon thirty (30) days prior written notice to the City of Santa a. Signed �4 „ Title President Firm LEHMAN CONSTRUCTION, INC. Date 4-23-14 I CITY OF SANTA ANA PROJECT 13-2636: SANTA ANA ZOO NEW OCELOT EXHIBIT 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. Project: Rimgate Park and Tamarisk Park Improvement Pro]ect 1• City of Lake Forest, 25550 Commercentre Dr.. Lake Forest. CA 92630 Name and Address of Owner. Douglas A. Erdman, 949-282-5233 Name and Telephone Number of person familiar with project. $2,500,000 Park Renovations/New Restrooms April 2014 Contract Amount Type of Work Date Completed Project: Tustin Sports Park Baseball Diamond #2 Renovation 2. City of Tustin, 300 Centennial Way, Tustin, CA 92780 Name and Address of owner. David A. Wilson, 714-573-3329 Name and Telephone Number of person familiar with project. $212,000 Ballfield Renovation/New Dugouts October 2012 Contract Amount Type of Work Date Completed Project: Jerome Center Renovation 3. City of Santa Ana, 20 Civic Center Plaza, Santa Ana, CA 92702 Name and Address of owner. Tyrone Chesanek, 714-615-0887 Name and Telephone Number of person familiar with project. $2,800,000 Community Center Renovation May 2010 Contract Amount Type of Work Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. Diamond Valley Ins. Services, Inc., 41856 Ivy St., #204, Murrieta, CA 92562 951-553-7400 Goodman Ins. Services, 114 Pacifica, #430, Irvine, CA 92618 888-606-2406 Victoria Pore, State Farm Agent, 28991 GoldentLantern, #D105, Laguna Niguel, CA 92677 949-363-2770 CITY OF SANTA ANA PROJECT 13-2636: SANTA ANA ZOO NEW OCELOT EXHIBIT 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 e same amount or upon the same basis and in4he same manner as the other contra ors, excep contractors not signatory to the trust agreement shall pay a like amount to the Califo is Atipren ' eshin Council. Signed Title President Firm LEHMAN CONSTRUCTION, INC. Date 4-23-14 BP -11 CITY OF SANTA ANA PROJECT 13-2636: SANTA ANA ZOO NEW OCELOT EXHIBIT 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 Affic signature portion thereof shall also BIDDERS are cautioned Aat malyng prosecution. a // // / Signed State of Califofnin County of�Zl - part of the Proposal. Signing this Proposal on the nue signature of this Non -collusion Affidavit. certification may subject the certifier to criminal Subscribed and swom to (or affirmed) before me on this .43 day of_�, 20L, by / /44_o k- Le./ ^ 4 ✓ , proved to me on the basis of satisfactory evidence to be the person(,) who appeared before me. I �a W .cam< as 9NARk W. MASTERS COMM. # 1928729 z "' 431e NOTARY PUBLIC -CALIFORNIA qj ORANG[:COUNTY My comm. Expires April 11, 2816 Notary Public Seal BP -12 CITY OF SANTA ANA PROJECT 13-2636: SANTA ANA ZOO NEW OCELOT EXHIBIT 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 prohibitrd from inducing, by any means, any person employed in the construction or repair of public or)6o give up any part of the compensation to which he/she is otherwise entitled. , �� Signed Title Firm LEHMAN CONSTRUCTION Date 4-23-14 BP -13 CITY OF SANTA ANA PROJECT 13-2636: SANTA ANA ZOO NEW OCELOT EXHIBIT 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: LEHMAN CONSTRUCTION, INC. Business Address: P.O. Box 3569, Tustin, CA 92781 Telephone: 714-838-7577 State Contractor's License No. and Class: 239570 A and B Expiratic Date: Signed: Title: CITY OF SANTA ANA PROJECT 13-2636: SANTA ANA ZOO NEW OCELOT EXHIBIT PROPOSAL AND CONTRACT AGREEMENT PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the BIDDER hereby declares under penalty of perjury under the laws of the State of California that the BIDDER has _ , has not X been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term 'BIDDER" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1. Note: The BIDDER must place a check marls after "has" or "has not" in one of the blank spaces provided. The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. BIDDERS are cautioned that mal a false ertification may subject the certifier to criminal prosecution. Signed Title Firm LEHMAN CONSTRUCTION, INC. Date 9-23-19 BP -15 CITY OF SANTA ANA PROJECT 13-2636: SANTA ANA ZOO NEW OCELOT EXHIBIT PROPOSAL AND CONTRACT AGREEMENT PUBLIC CONTRACT CODE SECTION 10162 OUESTIONAIRE In conformance with Public Contract Code Section 10162, the BIDDER shall complete, under penalty of perjury, the following questionnaire: Has the BIDDER, any officer of the BIDDER, or any employee of the BIDDER who has a proprietary interest in the BIDDER, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No y If the answer is yes, explain the circumstances in the following space. CITY OF SANTA ANA PROJECT 13-2636: SANTA ANA ZOO NEW OCELOT EXHIBIT PROPOSAL AND CONTRACT AGREEMENT PUBLIC CONTRACT CODE SECTION 10232 STATEMENT In conformance with Public Contract Code Section 10232, 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 Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed Title President Firm LEHMAN CONSTRUCTION, INC. Date 4-23-14 BP -17 Bid Date: 04/23/2014 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A31 d KNOW ALL MEN BY THESE PRESENTS, that we Lehman Construction, Inc. (Here Insedfull name and address or legal tips of Con tactor) as Principal, hereinafter called the Principal, and RLI Insurance Company (Here need full name and address or legal title of Surety) P.O. Box 3967 Peoria Illinois 61612-3967 a corporation duly organized under the laws of the State Of Illinois as Surety, hereinafter called the Surety, are held and firmly bound unto City of Santa Ana as Obligee, hereinafter called the (Here lased full name and address or legal lllle of Owner) Obligee, in the sum of Ten Percent amount of Bid Dollars( i osis ), 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 13-2636 Santa Ana Zoo New Ocelot Exhibit (Here Insert full name and address and description of project) Located at: 1801 E Chestnut Ave, Santa Ana, CA 927001 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter Into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished In the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, 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 contact 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. Signed and sealed this 14th day of 812ril , 2014 . (Witness) Lehman Construction, Inc. RLI Insurance Company (Surety) (Seal) 17 Timothy C. Baker (Title) Attorney -In -Fact AIA DOCUMENT A310• BID BOND- AIAO- FEBRUARY 1970 ED- THE AMERICAN 1 INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 t.lr7 Prinled on Ree.veled Paper 9193 WW C0037603-50,0 RLI® chic nn Rn Oompagq P,O, Box 3967 I Peoria, IL 61612-3967 Phone;(800)645-24021 Fax: (309)689.2036 Know All Men by These Presents: POWER OF ATTORNEY RLI Insurance Company Contractors Bonding and Insurance Company That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That this Power of Attorney may be effective and given to either or both of RLI Insurance Company and Contractors Bonding and Insurance Company, required for the applicable bond. That RLI Insurance Company, a Illinois corporation, and/or Contractors Bonding and Insurance Company, a Washington corporation (as applicable), each authorized and licensed to do business in all states and the District of Columbia do hereby make, constitute and appoint: John A. Ruiz, Timothy C. Baker, Melody L. Spain Karen A. Eby, iointly or severally in the City of Temecula , State of California , as Attorney in Fact, with full power and authority hereby conferred upon him/her to sign, execute, ackriowledge and deliver for and on its behalf as Surety, in general, any and all bonds, undertakings, and recognizances in an amount not to exceed Ten Million Dollars ( $10,000.000.00 ) for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. RLI Insurance Company and Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of the Resolution adopted by the Board of Directors of each such corporation, and now in force, to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation shall be executed in the corporate name of the Corporation by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Corporation. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation. The signature of any such officer and the corporate seal may be printed by facsimile or other electronic image." IN WITNESS WHEREOF, RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Vice President with its corporate seal affixed this 4th day of October, 2013, OBAND .NSL q . 9 ' '. SEAL 2°••o 1979 . <° State of Illinois •' $$ �ASHINGZ°�,0' County of Peoria RLI Insurance Company Contractors Bonding and Insurance Company 's SEAL Roy C. Die Vice President L INC CERTIFICATE On this 4th day of October 2013 before me, a Notary Public, personally appeared Rov C. Die , who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI Insurance Company and/or Contractors Bonding and Insurance Company, and acknowledged said instrument to be the voluntary act and deed of said corporation. I, the undersigned officer of RLI Insurance Company, a stock corporation of the State of Illinois, and/or Contractors Bonding and Insurance Company, a Washington corporation, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; mid furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Comps d/or Co��tractor,¢ Bo�ndin��� and Insurance Company this day of.(±'� ,"6U/`t . RLI Insurance Company M. Bockler Notary Public Contractors Bonding and Insurance Company "OFFICIAL SEAL" nor. Roy C. Die Vice President suave 1gCaUELINE M. B.'st. eor nuvois rgMMl6El°N E%PIRE903I101i4 0447854020212 A0059913 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State 0 , Callfbrny County of On r��vbt fore me, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose names�ls�'arc subscribed to the within instrument and itsknowledged to me the he hetthey executed the same in(�i sjYtet/t it authorized capacity(ie4 and that by ai /11Ie h4R4r signature(s� on the instrument the person(-sa; 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 Signature of Notary Public (Notary Seal) ADDITIONAL OPTIONAL INFORMATION D��S/�R/IjPTIONq OyF�THHEE ATTACHED DOCUMENT l or description0 at soil document) --- - 3 , (Title or description of attached ocument continued) Number of Pages_ Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer ('rifle) ❑ Partner(s) ❑ Attorney -in -Fact ❑ T'rustee(s) ❑ Other 2008 Version CAPA vl2.10.07 800-373-9465 www.NotaryClassosoom K. A. EFY , " ,� COMM. 019113975 Notary Public • California Riverside County My Comm. Elloires July 1 2016 INSTRUCTIONS FOR COMPLETING; THIS FORM Any acknowledgment completed in California most contain verbiage exoct/7.' ns appeals above in the rotary .rection or a separate acknowledgmentfrom rmrsi be properly completed and attached to oict document. T12o only eveeption is if a document is to be recorded outside of California. In such instances, arty alternative acknowledginew verbiage as may be printed on such a doczauent so long as fire verbiage does not require the notar�v to do someflang that is illegal for a notary in California (i.e. cerrffying the authorised capacity of the signe)). Please check the documeru carefiebl, for proper malarial wording and attach this form ff 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 signers) personally appeared 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 names) 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. ha/she/#143y,- is fare ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seat impression must be clear and photographically reproducible. Impression nest 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. v Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretuy). Securely attach this document to the signed document CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 State of California Countyof / L On57et G before me,,�a l diX Data .., A' Here Insert NaMe and Title of the 1 .r ' personally appeared MARK iii. MASTERS )ycc)N V7. -1928729 . Pve7ARy pUBL.IC a - CALft 4aNIA? z " .; � rJF2f1NCrF. COUNTY i Comm .Expires April Ill, 201 # who proved to me on the basis of satisfactory evidence to be the person�A whose named is/a(e subscribed to the within instrument and acknowledged to me that he/sheAUaey executed the same in his/Iientheir authorized capacity(ies), and that by his/hetsifhefr signatureJo on the instrument the personfe'), or the entity upon behalf of which the person(4 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. 9 .--- " Signature: Place Notary Seal Above Signature of ary t is OPTI®dVAL Though the information below is not required by law, it may prove v luable to persons relyi g on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Documgnt,,, 19 Title or Type of Document: Document Date: Signer(s) Other Than Named Above: _ Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Panner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: r Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Panner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: TRANSMITTAL COVER SHEET DATE: April 18, 2014 CITY OF SANTA ANA PUBLIC WORKS AGENCY 20 CIVIC CENTER PLAZA (M-36) SANTA ANA, CA 92701 SUBJECT: ADDENDUM NO.: ONE PROJECT N0: 13-2636 REMARKS: PAGES ATTACHED: 4 MAIL STATION: M-36 IEA$E�'l�J1L Thr 6 a Suzi Furjanic PHONE NO.: 714-571-4241 NOTE: UPON RECEIPT OF ADDENDUM, PLEASE COMPLETE AND SEND VIA E-MAIL TO THE CITY OF SANTA ANA ATT�TION U1>� FU AIL I HEREBY ACKNOWLEDGE RECEIPT OF ADDENDUM NUMBER ONE PROJECT NAME: SANTA ANA ZOO NEW OCELOT EXHIBIT COMPANY: LEHMAN CONSTRUCTION, INC. SIGNATURE: DATE: 4-22-I4 PRINT NAME: TITLE: PRESIDENT CITY �OF SANTA ANA PUBLIC r "" I: , 00?s y SANTA ANA, CA 92701 DATE: April 22, 2014 PROJECT SUBJECT. ADDENDUM NO.: TWO NO.: 12-2.6136' MAIL REMARKS: PAGES ATTACHED: STATION: 36 PLEASE REPLY VIA EMAIL TO: Suai Furjanic PHONE NO,. 1(714) 571-4241 UPON RECEIPT OF •r •UM, PLEASE COMPLETE AND SEND VIA • • INSTRUCTIONS ABOVE I HEREBY ACKNOWLEDGE RECEIPT OF ADDENDUM NUMBER. TWO 13-2636: SANTA ANA ZOO NEW OCELOT EXHI COMPANY: LEHMAN CONSTRUCTION,I DATE; 4-22-14 PRINT NAME: TITLE:- PRESIDENT MEMORANDUM David Cavazos To: City Manager Date: November 18, 2014 Fred Mousavipour, Executive Director From: Public Works Agency Project 13-2636; Santa Ana Zoo New Ocelot Exhibit Subject: Change Order No. 1 CONTRACTOR : Lehman Construction, Inc. P.O. Box 3569 Tustin, CA 92781 PROJECT DESCRIPTION: Santa Ana Zoo New Ocelot Exhibit CHANGE ORDER NUMBER CHANGE ORDER AMOUNT: $ 26,141.60 ACCOUNTING UNIT -ACCOUNT -ACTIVITY NUMBER: 02213200-66220-13263602028 JUSTIFICATION EXTRA WORK AT AGREED PRICE 1. The plans require the contractor to connect a new 2 1/2 inch main for the new irrigation system at the rear of the holding facility. However, after field investigation, the existing water source was found to be under sized for the new system. Therefore, the contractor was directed to connect to a 3 -inch line located 160 feet away. The cost will include the additional trench work, and pipe materials. (PCO No. 1) A prior approval was grante for this work on October 15, 2014. y Agreed Cost = $2,336.09 2. The contract documents require the contractor to excavate footings at a depth of 3#eet below existing grade. During the excavation, the contractor encountered shallow a6tive sewer laterals that are in conflict with the proposed footings. Therefore, the contractor was directed to increase the footing depth and insert a sleeve around the sewer laterals at these affected locations. This cost will include additional excavation, reinforcement steel and sleeves. (PCO No. 2) Agreed Cost = $1,908.81 Project 13-2636 Request for Approval of Change Order No. 1 November 18, 2014 Page 2 of 3 3. Santa Ana Zoo's staff requested the building to be shifted 6 -feet from the proposed alignment. As a result, the proposed irrigation and site plans were modified. Consequently, staff took this opportunity and requested the following improvements: a. Contractor was directed to furnish and install a 10 foot by 12 foot holding area adjacent to the west side of the holding building just behind Habitat Area 1. Also, contractor was requested to construct a bamboo fence with gates to enclose the rear of the building. (PCO No. 5) Agreed Cost = $19,792.62 b. Contractor was directed to remove two existing distressed orchid trees located on the north section of the exhibit and utilize these as the deadfall trees for Habitat Area #1 and #2. (PCO No. 6) Agreed Cost = $1,335.03 4P; E c. Contractor was requested to add an exterior GFI outlet to supplement the decomposed'' granite Group Activity Area. (PCO No. 11) Agreed Cost = $769.05 �( , CONTRACT COST SUMMARY Amount Total % of Amount Contract Original Contract Total $397,419 Previous Change Orders $-0- Increase 0.00% Change Order #1 $26,141.60 Increase 6.58% _ Total Change Orders to Date $26,141.60 Increase 6.58% Adjusted Contract Total $423,560.60 SCHEDULEIMPACT Increase contract time by 7 working days for delays associated with this change order. rr Project 13-2636 Request for Approval of Change Order No. 1 November 18, 2014 Page 3 of 3 APPROVED AS TO FUNDS AND ACCOUNTS: -Zv �00"%W\S�� 3 +' e� I V , .ti . F M usavip ur, Executive Director Francisco Gutierrez, Executive Director Puiblic Works Age cy, /J Finance & Management Services Agency Gerardo Mouet, Executive Director p Ate, Parks, Recreation, and Community { Y" Services Agency K:Constructlon/Projects/13-2636/8.Change Orders/B/CO #01/13-2636 MEM RFA CCA#01 Project Number 1 To Lehman C< CIT OF SANTA ANA,. PUBLIC WORKS AGENCY ` CONTRACT CHANGE ORDER Santa Ana Zoo New Ocelot Exhibit Change Order Number 1 , 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 COUNCILOR 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 EXTRA WORK AT AGREED PRICES PUBLIC WORKS AGENCY 1. Connect to a 3 -inch water main approximately 160 away per Prior Approval dated October 15, 2014 (PCO No. 1). AGREED PRICE $2,336.09 2. Increase footing depths and insert sleeves around sewer laterals per PCO No. 6. AGREED PRICE $1.908.81 3. Shift holding facility 6 -feet from proposed alignment and perform the following: A. Furnish and install a 10 foot by 12 foot holding facility area adjacent to the west side of the holding building just behind Area 1 and construct a bamboo fence with gates to enclose the rear of the building per PCO No. 5. AGREED PRICE $19,792.62 B. Remove two trees and utilize as the deadfall trees for Habitat #1 and #2 per PCO No. 6. AGREED PRICE $1,335.03 C. Add an exterior GFI electrical outlet per PCO No. 11. AGREED PRICE $769.05 Page 1 of 2 .' PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number 13-2636: Santa Ana Zoo New Ocelot Exhibit Change Order Number To Lehman Construction, 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 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 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 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 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 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 $ 26,141.60 By reason of this order the CONTRACT TIME completion will be adjusted as follows: 7 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 n cessary for the work above specified, and will accept as full payment therefor the prices shown above. Accepted, Date !r_� 4 Contractor Lehman gor/trUC , Inc. BY Title Approv I recommended by Date f I PUBLIC S AGENCY EXECUTIVE DIRECTOR ^^ Approved by It,L�� Date j v P CIT MANAGER Page 2 of 2