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GREEN GIANT LANDSCAPE, INC. (7)
Recording Requested By, I Orange County And When Recorded Mail To: Recorded in Official Records, Clerk of the Council,Cityof Santa Ana Cl44erttk-4Riiettc4444oyyrlld4ell r 4l 1114 y 4 Hugh Nguyen' � NO FEE 20 Civic Center Plaza,P.O.Box 1988 tila Santa Ana,CA 92702111�11 ll 2W6000336845 2:43 pm 07122M6 48 413 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 -- ... &.uuRDERS USE ONLY I NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the undersigned City of Santa Ana, California, a r 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 ANITA PARK IMPROVEMENTS under contract entered into on v o 8/4/2015, with GREEN GIANT LANDSCAPE, INC., on which contract PHILADELPHIA a � w INDEMNITY INSURANCE COMPANY is surety. The property on which such work w o improvement was placed is in the City of Santa Ana, County of©range, State of California, and oa c z described as Project No. 14-7514 located at: SANTA ANITA PARK. The work improvement on asaid property was accepted as completed on 5/27/2016. a x p `CITY O ,A MUNICIPAL CORPORATION U w yy o by z d Dated: J Principal Civi Engineer-Tyrone Chesanek E �D TITLE -----------------------------------------------_____-_-_----------------------------------- W 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 j 1 declare under penalty of perjury that the facts therein stated are true. Executed on ! 22— � , at Santa Ana, California (Signature of individ al 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: AUGUST 4, 2015 TITLE: AWARD CONTRACT FOR CONSTRUCTION OF SANTA ANITA PATIO IMPROVEMENTS (PROJECT 147514) (STRATEGIC PLAN NO. 6,2B) CITY MANAG;�� RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED AUG p 4 2015 WAS Recommended {] Aa Amended ❑ Ordinance on I" Reading ❑ Ordinance on 2n' Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Authorize the City Manager and the Clerk of the Council to execute a contract awarded to Green Giant Landscape, inc,, the lowest responsible bidder, In accordance with the unit bid prices for the base bid of $98,500 and the additive alternate of $48,5Q0, totaling $147,000, for construction of the Santa Anita Patio Improvements, subject to nonsubstantive changes approved by the City Manager and City Attorney. 2. Approve the Project Cost Analysis for a total estimated project delivery cost of $183,760. DIS9USSION Santa Anita Park Is a 4.47 -acre community park that Includes a community center, swimming pool, soccer field, picnic facilities, tot lot, basketball court, and handball court. The park receives heavy use. The existing patio and walkway concrete has lifted dine to tree roots, causing an unsafe condition for park users. This action will allow construction of patio improvements that Include replacing the existing concrete patios and walkways with new sidewalks and decorative concrete patios, Some trees will be removed and the broken and lifted concrete will be replaced with a combination of new concrete and decomposed granite. A Notice Inviting Bids was advertised on May 27 and 28, 2015, and bids were opened on June 24, 2015. The following tables summarize the bid Invitations made and the bids received: CualrActor Pa lclpatlon Dote Santa Ana contractors receiving notices 14 Contractors requesting bidding documents 24 Bids received g Bids received from Santa Ana contractors M 0 Award Contract for Santa Anita Patio Improvements August 4, 2015 Page 2 Bid Results Summa RANK BIDDER'S NAME LOCATION BASE BID 1 Green Giant Landscape, [no, La Habra $98,500,00 2 Pacific Builder Laguna Niguel $103,421.00 3 Act I Construction, Inc. Norco $117,037.63 4 Mariposa Landscapes, Inc, Irwindale $137,018,00 5 Prime Performance Contractors, Inc. Corona $147,700.00 6 Kass Construction, Inc. Chino $1691800.00 7 Fleming Environmental Inc. Fullerton $179,525.00 8 Unique Performance Construction, Inc. Anaheim $180,660,00 A total of eight bids were received and all were deemed responsive. Green Giant Landscape, Inc., submitted the lowest responsive base bid in the amount of $98,500, which is 21 percent lower than the engineer's estimate of $125,000. Therefore, staff recommends award of this contract to Green Giant Landscape, Inc. The plans and bid package was divided to provide bids for the most essential area with an additive alternate bid that, when combined with the base bid, would result in Improving the entire patio and tot lot area, Since there is sufficient project funding for the entire scope of work, staff recommends awarding a construction contract for the base bid of $98,500 plus the additive alternate bid of $48,600, for a total contract amount of $147,000, S A AL1 NMFI Approval of this item supports the City's efforts to meet Goal #6 Community Facilities & Infrastructure, Objective #2 (address deferred maintenance on City buildings and equipment), Strategy B (utilize a five-year Deferred Maintenance Plan to strategize and finance funded and unfunded needs). NVIRON ENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review ER 2015-60 has been filed for this project. In addition, a Certification of Categorical Exclusion and Statutory Worksheet have been prepared in accordance with the National Environmental Policy Act. Award Contract for Santa Anita Patio Improvements August 4, 2015 Page 3 FISCAL IMPACT The Project Cost Analysis estimates a total project delivery cost of $183,750, which includes the construction contract, construction administration and inspection, as well as contingencies (Exhibit 2). Approval of this action will Increase the project budget by $78,685 for a total of $197,685. Community Development Block Grant Funds will be carried forward from Fiscal Year 2014/15 to Fiscal Year 2015/16 for Project 147514 in Account No. 13518783-66220 for expenditure in Fiscal Year 2015/16. Fr d Mousavipour Executive Director Public Works Agency Gerardo Mouet Executive Director Parks, Recreation & Community Services Agency Kel nd res Executive Directo Community Development Agency FM/EWG/KW Exhibits: 1, Cost Analysis 2. Location Map 3. Construction Contract APPROVED AS TO FUNDS AND ACCOUNTS: F-a,6Zc coli eisz — � _- Francisco Gutierrez �,� Executive Director Finance & Management Services Agency SANTA ANA PVVA PUBLIC WORKS AGENCY -i L—i L—i L--:1 1ST ST (BOLSA AV) CAMILLE ST PROJECT AREA cc w x CITY COUNCIL PROJECT NO. 14-7514 AGENDA DATE; SANTA ANITA PARK PATIO IMPROVEMENTS AUGUST 4, 2015 300 SOUTH FIGUEROA STREET AM1116im PAGE 1 OF 1 COST ANALYSIS PROJECT 147514; SANTA ANITA PATIO IMPROVEMENTS Exhibit 2 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: 14-7516 & 15-7514 RSDNTAL 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 Stale 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 -wit: 02/27/2015, 02/28/2015 Executed on: 02/28/2015 At SANTA ANA, California I certify (or declare) under penalty of perjury that the foregoing is true and correct. .Signature. space rar mmg ste,np only CNS#: 2722712 NOTICE TO CONTNACTOas III III II II II II II III III' I III III * A 0 0 0 0 0 3 6 8 5 8 0 1 MAYOR Miguel A. Pulldo MAYOR PRO TEM Vincent F. Sarmiento COUNCIL MEMBERS Angelica Amezcua P. David Benavides Michele Martinez Roman A. Reyna Sal Tinajero 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 vdww.santa-ana.org CITY MANAGER David Cavazos CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Maria D. Huizar NOTICE OF EXEMPTION From the Requirements of the California Environmental Quality Act (CEQA) To: COUNTY CLERK From: City of Santa Ana County of Orange Planning & Building Agency P.O. Box 238 20 Civic Center Plaza M-20 Santa Ana, CA 92702 Santa Ana, CA 92702 Project Title: Santa Anita Park Patio Improve Date of Approval: 07/21/2015 Project Number(s): PWA-2015-513-CIP Project Location: 300 E. Figueroa St. City: Santa Ana County: Orange ER Number: ER -2015-60 Project Description: Construction will include reconstruction of exisitng concrete patio area, new trees, new playground edging, new concrete sidewalk. Applicant Name: Suzi Furjanic , City of Santa Ana Applicant Address: City of Santa Ana: 20 Civic Center Plaza M-36 SANTA ANA, CA 92701 Name of Public Agency Approving Project: City Council Name of Person or Agency Carrying Out Project: Furjanic, Suzi Exempt Status: ❑ Ministerial (Sec. 15268) ❑ Declared Emergency (Sec. 15269 (a)) ❑ Emergency Project (Sec. 15269 (b through e)) ❑ General Rule (Sec. 15061(b)(3)/(5)) ❑ Statutory Exemption: 0 Categorical Exemption: 15301 (c) Reason(s) Why Project is Exempt From CEQA: This is an improvement of existing facilities and will not increase capacity. City Contact: Suzi Furjanic Signature: Telephone: (714) 571-4241 Title: Date: SANTA ANA CITY COUNCIL Miguel A. Pulido Vincent F. Sarmiento Michele Martinez Angelica Amezcua P. David Benavides Roman Reyna Sal Tinajero Mayor Mayor Pro Tem, Ward 1 Ward 2 Ward 3 Ward 4 Ward 5 Ward 6 MPuI'do(o)santa-anaom VSarmienloasanla-anaora MMartinez(aNsanta-anaoro AAmezcua(isanta-ana.crc DBenavides(msaota-ana.cm RReyna&santa-anaoro STinaiero(asanta-ana.oro CITY OF SANTA ANA APPENDIX B Construction Contract PROJECT NO. 14-7514 SANTA ANITA PARK IMPROVEMENTS This CONSTRUCTION CONTRACT is made and entered into this 4th day of August, by and between the CITY OF SANTA ANA, CALIFORNIA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California, hereinafter referred to as "CITY" and, Green Giant Landscape Inc. hereinafter referred to as "CONTRACTOR". WITNESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the "Santa Anita Park Improvements Project" identified in and in accordance with the Contract Documents prepared by the City's Public Works Agency and approved by the City Council. 2. The complete Construction Contract consists of the "Contract Documents," as defined by the Standard Specifications for Public Works Construction and which include the following: • ...Notice Inviting Bids ..Instructions to Bidders • ...Bid Proposal • ...Bid Bond • ...Contract Forms • ...Contract Bonds • ...General Provisions • ...Special Provisions ...Technical Provisions • ...Project Plans ..Appendices In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Construction. 3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete "Santa Anita Park Improvements Project" the sum total amount not to exceed $147,000, as set forth and identified in the BID PROPOSAL. Page 1 of 3 CITY OF SANTA ANA APPENDIX B Construction Contract PROJECT NO. 14-7514 SANTA ANITA PARK IMPROVEMENTS 4. CONTRACTOR agrees to complete the "Santa Anita Park Improvements Project" within the time specified in the Time for Completion of Improvements section of the BID PROPOSAL including commencing construction within the timeframe therein specified after issuance of a Notice to Proceed. 5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the "Santa Anita Park Improvements Project" a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law. 6. CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY, one in the amount of One Hundred Percent (100%) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100%) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond equal to at least ten (10%) percent of the final Contract price or $1,000, whichever is greater (Warranty Bond). 7. CONTRACTOR shall, upon project completion as a condition of project acceptance, furnish a Warranty Payment and Performance bond to be approved by the CITY, in the amount of Twenty -Five Percent (25%) of the Contract price, to warrant the work done under said Contract Agreement against material or quality defects for a period of one year after acceptance by the AGENCY. s. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY.// Page 2 of 3 CITY OF SANTA ANA APPENDIX B Construction Contract PROJECT NO. 14-7514 SANTA ANITA PARK IMPROVEMENTS IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATT�EyS�T:�,� CITY OF SANTA ANA �rU' AR MARIA D. HUIZAR DAVID CAVAZOS Clerk of the Council City Manager APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL: SONIA R. CARVALHO City Attorney BY YA_ e Sandova Fed Mousavipour, P.E. ief Assistant City Attorney Executive Director, Public Works Agency CONTRACTOR: re`en Giant Landscape Inc. L Title: ftp Ptn �" Page 3 of 3 CITY OF SANTA ANA PROPOSAL PROJECT NO. 14-7514 SANTA ANITA PARK IMPROVEMENTS BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: Green Giant Landscape, Inc. REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the following schedule: item Description Quantity Unit Unit Price Amount 1 PATIO IMPROVEMENTS 1 � �j G7® ��� $✓fir f�, TOTAL BASE BID 2 SITE IMPROVEMENTS 1 LS $ ,.� /„�� (� �4d/Y $, S, TOTAL ADD ALTERNATE BID #1 � coo The lowest BIDDER shall be selected on based on the lowest base bid. TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete said work within sixty (60) working days plus thirty (30) calendar day Landscape Maintenance Period after the commencement date stated in the Notice to Proceed. The bidder also proposes to commence construction of the Work within fifteen (15) days after issuance of a Notice to Proceed, and to continue in a diligent and workman -like manner without interruption, and to complete the construction thereof within the time specified above. The liquidated damages amount shall be $250.00 per calendar day. CITY OF SANTA ANA PROPOSAL PROJECT NO. 14-7514 SANTA ANITA PARK IMPROVEMENTS BIDDER'S STATEMENT BIDDER understands and agrees that this Bid Proposal, Contract Documents and subsequent Construction Contract Agreement shall constitute the entire agreement between BIDDER and the AGENCY only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Public Works Agency Executive Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to BIDDER or deposited with the United States Postal Service properly addressed to the BIDDER with the correct postage affixed thereto. BIDDER further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish AGENCY all required bonds and certificate of liability insurance within ten (10) business days or the funds, check, draft, or BIDDERS bond substituted in lieu thereof accompanying this proposal shall become the property of the AGENCY and shall be considered as payment of damages due to the delay and other causes suffered by AGENCY because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered is difficult to ascertain; otherwise said funds, check, drafts, or BIDDER'S bond substituted in lieu thereof shall be returned to the undersigned. BIDDER understands that a bid is required for the entire work, 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. The BIDDER also certifies that the bid is a balanced bid. In accordance with Section 7028.15 of the California Business and Professions Code, the undersigned certifies under penalty of perjury that the foregoing is true and correct. Name of F,6-- n`� r (jiant Landscape, _ Signature of Title `R-e-5Ide�� (if an individual, so state) CITY OF SANTA ANA PROPOSAL PROJECT NO. 14-7514 SANTA ANITA PARK IMPROVEMENTS (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.) CONTRACTOR'S LICENSING and REGISTRATION STATEMENT The undersigned contractor, or corporate officer, declares under penalty of perjury that he/she and all his/her subcontractors are registered with the State of California Department of Industrial Relations (DIR), and that the following is true and correct. Contractor's Name: //��Gleen GiantLandscape, ands`cape, Inc. /� Business Address: q L'1I _ A Macp1-' o` �� �`yo. CA qo(0 Business E -Mail Address: q reeto q - ® 7 t Telephone: _ 156 1 - (te 10 - /p9 0 9 State Contractor's License No. and Class: (/% 147 0-0-2 License Expiration Date: 31— f State Dept. of Industrial Relations (DIR) ��®� /� Registration No.: 31 Relations (DIR) Date: Signed: Title:�I��n im CITY OF SANTA ANA PROPOSAL PROJECT NO. 14-7514 SANTA ANITA PARK IMPROVEMENTS PREVAILING WAGE COMPLIANCE AND MONITORING STATEMENT Contractor is aware of the requirements of California Labor Code Section 1720, et seq., as well as California Code of Regulations, Title 8, Section 16,000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement, Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The undersigned certifies that the foregoing is true and correct. Name of Firn Signature of Title -FV-C:5 ider,t (if an individual, so state) CITY OF SANTA ANA PROPOSAL PROJECT NO. 14-7514 SANTA ANITA PARK IMPROVEMENTS OWNERSHIP AFFIDAVIT STATE OF CALIFORNIA ) COUNTY OF ORANGE )SS. CITY OF SANTA -ANA QFC' re' ) )ovw 0 lam - p'I f'ytJ ey-6 curl , being duly sworn, deposes and says: ❑ INDIVIDUAL That he/she is the party making the foregoing proposal: ❑ PARTNERSHIP That he/she is a member of the co -partnership firm designated as: and who has been and is duly vested with the authority to make and execute instruments for the co -partnership by: who constitute the other members of the co -partnership. CORPORATION That he is of: Green Giant Landscape, Inc. a corporation which is making the foregoing proposal: ❑ JOINT VENTURE That he is of: one of the parties making the foregoing proposal as a joint venture, and the he/she has been and is duly vested with the authority to execute instruments for an on behalf of the parties making said bid who are: that such a bid is genuine and not collusive or sham, and has not in any manner sought by c Sion to secure any advantage against the City of Santa Ana or any person interested in the prop ed contract, for himselfor any other person. Signature of Subscribed and sw re is ni "1 day of Uh& 20 . tba"'4.104 ROSIE TOLEDO-HENDERSON Signa : re icer istering Oath (Notary Public) flCOMM.)i2086732NOTARY PUSLIC•CALIFORNIA\� "LOS ANOELES COUNTY 'A51 j MY COMM. E%P• NOW iEYOiE A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Subscribed and §worn to (/or/affirm/ed) before meonthis 4%L_ aay of 4 20 by , / ���'�dCcY t2Q EiY�O7Z proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Ntux n w'A AOSIE TOLEDO-HEN0ERSON Comm, # 2086732 NOTARY PUBLIC -CALIFORNIA Lot Ainaa COUNTY My COMM. ENP. Nov, f 20i8 Sign ur (Seal) OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or descdpfion of attached document continued) Number of Pages _ Document Data Addithmai information 2015 Version v✓vrrr.IVotaryClasse&Coin 600-873-9085 INSTRUCTIONS rho wording of all Jurats completed in California after January f, 2015 must he fo the form asset forth within this Jurat There are no exceptions. If a Jurat to be completed does not follow this form, the notary must correctthe verbiage by using ajumt stamp containing the correct wording or attaching a separate jumf form such as this one with does contain the proper wording. In addition, the notary must require an oath or of ooraffan from the document signer regarding the "fulness of the contents of the document. The document must be signed AFTER the oath or affirmation. tithe document was previously signed, it must be re-signed in front of the nolmy public during thejurat process. • State and county information must be the state and county where the document signer(s) personally appeared before the notary public. • Date of notarization must be the date the signer(s) personally appeared which must also be the same date the jurat process is completed. • Print the name(s) of the document signer(s) who personally appear at the time of notarization. • Signature of the notary public must match the signature on file with the office of the county clerk. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different jurat form. .p Additional information Is not required but could help to ensure this jurat is not misused or attached to a different document. 0, Indicate title or type of attached document, number of pages and date. • Securely attach this document to the signed document with a staple. CITY OF SANTA ANA PROPOSAL PROJECT NO. 14-7514 SANTA ANITA PARK IMPROVEMENTS KNOW ALL MEN BY THESE PRESENTS that, Green Giant Landscape, Inc. , as BIDDER, and ,asSURETY, are held and firmly bound unto the CITY OF SANTA ANA, as AGENCY, in the penal sum of Dollars ($ 1, which Is ten percent (10%) of the total amount bid by BIDDER to AGENCY for the above -stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to AGENCY for the above -stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seal this 2401 day of June '2015 BIDDER* Green Giant Landscape, Inc. - 941-A Macy St, La Wabra, GA 90631- (562)690-6208 SURETY* Philadelphia indemnity Insurance Company - 251 S. Lake Avenue, Suite 360, Pasadena, GA 91101 •626-639.1321 to before me this _ day of ,20-. Notary Public in and for the County of , State of *Provide BIDDER/ SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document, State of California County of ) Date personally appeared Summer Adelaide C.Hunter, NotamPublic Here Insert Name and Title of the Officer Namrs(s) of Signeris) who proved to me on the basis of satisfactory evidence to be the person(s) whosenamp(s) is/are subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in his/her/their authorized capaclty(les), and that by his/her/their signature(s) an the instrument thoperaon(o). or the entity upon behalf of which the person(s) acted, executed the instrument. | certify under PENAury OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ADELAIDE 0 HUNTER WITNESS myhand and official seal. tZ 0, 1)(y 9 Signature MY c=1111'�11X11P'41rX0U1C1 ig, 2016 -_ Signature u/Notary Public Place Notary Seal Above OPTIONAL Though this section k;optional, completing this information can deter alteration uftile document o/ fraudulent reattachment ofthis form 0zmnunintended document. Description of AttachedDocument Title n,Type u/Document: ___ Number ofPages: ,-^_~_GiQnor(s) Document Date: Other Than Named Above: Cmpacitypos) Claimed by Signer(s) Signer's Name: OCorporate Officer —Tfi|m(a):____~________ [] Partner ~`[]Limited El General UJ Individual [] Attorney inFact []Trustee [] Guardian orConservator [] Other: '~~~,____~.`^__________,~,__^__ Signer |oRepresenting: _____ Signer's Name: []Corporate Off icer ~~Titi*(s)� !]Partner -I Limited [I General _j Individual OAttorney inFact [I Trustee [] Guardian orConservator []C8hor:__~~`^^^_____'_________.~_ Signer |oRepresenting: ~___� 02014National Notary Association 'www.No1ionu|Notary,n,^1'000~USNOTARY (1'O00~870^o827) kom#5807 2501 PHILADELPHIA INDENINITYINSURANCE COMPANY 231 St. Asaph's Rd- Suite 100 Built Cynwyd, PA 190040950 Power of Attorney KNOW ALL PERSONS BY IILSE FIR FSENFS: ghat PHILADELPHIA INDGMNI'IN INSURANCE COMPANY (the Continuity), a corporation organized and existing under the laws of file C'onunonwealth of Pennsylvania. does hereby constitute and appoint Linda D. Coats, Matthew d. (::oats and Sumner Reyes of C'outs Surely Insurance Services, lue_ its true and lawtht Altonrey1114110 with fill authority to execute on its hehalf bonds. undertakings. recognizances and other contracts of indennvty, anti writing, obligatory in the nature thereof; issued in the course of its business and to bind the Company thereby, in all amount not to exceed $25.000.000.00_ This Volvo of Attorney is granted and is signed and scaled by facsimile under and by the authority ofthe IbHowine Resolution adolned by the Board ol'Dircclors of Ill11LADULPT IIA IN DFMNITY I NSIJ RANO E COMPANY at it meeting duly called lire V day of Judy. 2011, RESOLVED: That the Board of Directors hereby authorizes the President at any Vice President of the C'ompaty to: t I) Appoint Attorneys) in Fact and authorize the Atlnrney(s) in Fact to execute on behalf of the Companv bonds and undertakings, contracts of inrletnnity and other writings obligatory in the nature thereof and to allooh the seal of the Company fhcreto; and t2) no remove, at .try time, any such Attorney -in -Pact and revoke the authority given. And. be it FURTHER RESOLVED: Thor the signatures of such OMCCrS and the seal of the Company may be affixed to any such Power of Attorney m certificate relating thereto by facsimile, and any such Power n1' Attorney so executed and cerlilied by feesinuic signatures and facsimile seal shalt be valid and biding upon the Crnnpmty in the future with Utc respect to any bond or undertaking to which it is attached, IN TESTIAVtON'V WI ILREOF. 11HII_ADELPIIIA INDEMNITY INSURANCE COMPANY I iAS CAUSED THIS INSTRUMENT'FOfit' Sit NLD AND ITS CORPORA IC SEALTO RE AFFIXED BY ITS AUTHORIZED OITICL I'lIN 10... DAY OF JUNI1201:3. (SoaU Robart D. O'Leary Jr., President & CVO Philadelphia Indemnity Insurance Company On [his 10"' day of Junc 2013. before rile came the individual who executed the preceding instilment, to mv personally known. and being by me duly smorn said that he is the therein described and authorized officer of dm PIIILADb:LP111A INDEMNITY INSURANCE COMPANY: That dee seal affixed to said instrument is file Corporate seal of said Company: slot the sand Corporate Seal and his sigmmre were duly affixed. COM SRffAMLQP PEn_N LVANIA ar wx� NerAeaVA. Ymsletltl, Nda�y r4btic lo-vtl YAM��Ntf Mem9®Y1ryrAUMY �'}� H tbmm4sbn6 Ou[. 18 Nlfi � `�J e: vu eAwaAnwcvnnrwes Notary Public: (Notary Sud) residing at: My commission expires: December-18--2016� 1, Edward Sayatgo, Corporate Sccrcfary ol'PHILADFLPHIA INDEMNITY INSI.IRANCE COMPANY. do herby Cefufy that the foregoing resolution of tee Board of Direelors and this Power o€ Attorney issued pursuant thereto on 13 [tits 10... day of June 20true and correct and are still in fill force and c0cct. I do bomber cellifv that Robert D. Merry Jj_ who executed the Posner of Attorney It% President, was on the data Of execution of the attached Power of Anornev the duly elected President of Ill Ill ADELPHIA INDEMNITY INSURANCE COMPANY, In I e96111011V Whereof I have subscribed my name and affixed the facsimile seal of each Company this,lf s .� lar of 20 1 Edward S tyago. Corporate Secietary Pill LADELPHI A INDENINPI'Y' INSURANCE COMPANY CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } Countyof_ ®l�(,hlil cc } -za On . IA O e , -q C 6 before me, Personally appeared d44 ridev-6o-oi who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. A0515 T04600 HINO5950X WITNESS n and Icial seal.; COMM,R 2086792 ,n (I) a NOTARY PUILIC-CA41FORNIA =+ 408 Wall COUNTY amw.s•" MY Comm. BNF. NOV, 18,2018 Iic Si at (Notary Public Seal) TI OF THE ATTACHED DOCUMENT (Title or descriplion of attached document) (TOe or description of attached document continued) Of Pages — Document Date CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2015 Version mmw.NalaryClzsses.com 800-873-9865 INSTRUCTIONS FOR COMPLETING THIS FORM ®N This form complies with current California statutes regarding notary wording and, (needed should be completed and attached to the document. Acknowledgments from other states may be completed for documents being sent to that state so long as the wording does act require due California notary to violate California notary law. • 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 notarisation most be the date that the signer(s) personally appeared which most 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 notarizatiom • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. lsdshe fliey; is bees) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public most 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 misusedor attached to a different document. Indicate title or type of attached document, number of pages and date. as Indicate the capacity claimed by the signer. If the claimed rapacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document with a staple. CITY OF SANTA ANA PROPOSAL PROJECT NO. 14-7514 SANTA ANITA PARK IMPROVEMENTS LIST OF SUB -CONTRACTORS Section 4100 et. seq. of the Public Contract Code requires listing of all subcontractors with the bid for all subcontract work exceeding the following amount: o Streets, highways including bridge projects: Y:%oft bid or $10,000, whichever is greater o Buildings, parks, or other projects: Y:% of the bi Section 1725.5 of the Public Contract Code requires ubcontractors be registered with the State Dept. of Industrial Relations (DIR). BIDDER proposes to subcontract certai ortions of the work to the firms listed below: Name License #/Exp. DIR Reg. #/Exp. Location Phone Type Of Wcr Amount SZ Name License #/Exp.' DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # Location T Phone Type Of Work Amount $ Signature of madder Name License 4/Exp. DIR Reg.#/Exp. Location Phone Type Of Work Amount $ Name License Type Of Work Amount $ Name License DIR Ref Phone _ Type Of Work Amount $ CITY OF SANTA ANA PROPOSAL PROJECT NO. 14-7514 SANTA ANITA PARK IMPROVEMENTS REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which BIDDER has performed similar work within the past three years. 1. / Ma -01 UoA,,1-1, [heih'aa1unrl�AAOSM, Air, 1/731 Name and Address of Owner. �Av�lvIt,UN4elo Py t—ee,,��y,—g Dame and Telephone Nurffbe rig jq °7 3,7 q. 00 Contract Amount 2. �-,Al'i� aQ� or f9elofi Name and Address of owner. 3. of person familiar with project. afJP,Y lire GGiJi? �d!$B/ Type of Wo k 9 - -10(E5 Date Completed Name and Telephone Number of person familiar with project. it r ((� err `� . OQ 11 �R,�i%9Gi, r V 1%t�C 6c/I Y Contract Amount Type ofd Date Completed N Jf �,W4 ? coag 353 0. ()� , ?d(Vd, R Narle and AddreY's of owner. Name and Telephone Contract Amount Number of person familiar with project. nr_ 'I ' I, of ( `j Date Completed 900 The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. 'PK0(kd.e,(ELv"P &djo I& �l�nre� (C'cr�C�k� Pry c °, tc. &4 q((a( boo OW - g5Sq - /0/00 CITY OF SANTA ANA PROPOSAL PROJECT NO, 14-7514 SANTA ANITA PARK IMPROVEMENTS ADDITIONAL REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER or Subcontractor has performed electrical work and site lighting in the past S years. 1. 2. 3. Name and Address of Owner. Name and Telephone Number of person familiar with project. Contract Amount Name and Address of owner. Type of Work Name and Telephone Number of person familiar with project. Contract Amount Name and Address of owner. Type of Work Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed Date Completed Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. CITY OF SANTA ANA PROPOSAL PROJECT NO. 14-7514 SANTA ANITA PARK IMPROVEMENTS NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non -collusion Affidavit. .BIDDERS are caUtieged that making.a false certification may subject the certifier to criminal State of California County of tirMif Subscribed and sworn to (or affirmed) before me on this a74i day of JU116 , 2015 by OffAJJ,1-- t G✓lllrV rYt proved to me on the basis of satisfactory evidence to be the persons) who a eared before me ROSIE TOLEDOHENOERSON r ; . CommA 2086732 N B NOTARY PUBLIC -CALIFORNIA f Los ANGELES COUNTY MY Comm. EXP. Nov. Notary Public Seal CITY OF SANTA ANA PROPOSAL PROJECT NO. 14-7514 SANTA ANITA PARK IMPROVEMENTS NON-DISCRIMINATION CERTIFICATE The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: 1. The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of Investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such CITY OF SANTA ANA PROPOSAL PROJECT NO. 14-7514 SANTA ANITA PARK IMPROVEMENTS other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 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 atu or sex of such persons, except as provided in Section 1420, and any contractor of publk works violate this Section is spbject to all the penalties imposed for a violation of the Signed: Title: LYto56 U &I -� Green Giant Landscape, Inc. Firm; Date: IA V(� CITY OF SANTA ANA PROPOSAL PROJECT NO. 14-7514 SANTA ANITA PARK IMPROVEMENTS 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 journey n prentices on the public work, in the same amount or upon the same basis and in the me mann as the other contractors, except contractors not signatory to the trust ag ienl, hajl pay a ike amount to thgCalifornia Apprenticeship Council. Signed: Title: 'Pre 5i J Firm: Green Giant Landscape, Date: 1A "6 -)-0 r T CITY OF SANTA ANA PROPOSAL PROJECT NO. 14-7514 SANTA ANITA PARK IMPROVEMENTS 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 crhe/she subcontractor shall be prohibited from inducing, by any means, any person emploe con uction or repair of public work, to give up any part of the compensation to whi is othe wise entitled. m Signed: Title: el 5I'd 't Firm: Green Giant Landscape, Inc. Date: %'1 L1 n r. q CITY OF SANTA ANA PROPOSAL PROJECT NO, 14-7514 SANTA ANITA PARK IMPROVEMENTS PUBLIC CONTRACT CODE SECTION 10162 QUESTIONAIRE 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 If the answer is yes, explain the circumstances in the following space. e EXHIBIT 1 City of Santa Ana Section 3 Contract Clause These Clauses are to be inserted in all contracts A. The work to be performed under this contract number i5 r' 1 �between the City of Santa Ana, hereinafter referred to as "City" and Green p�_9 tieieinafter referred to as "Contractor", is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended 12 U.S.C. 170lu (section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated HUD assistance or HUD -assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low -and very low-income persons. B. The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other constraint that would prevent them from complying with the Part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the Contractor has an agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the 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 to include a Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The Contractor will not subcontract with any subcontractor where the Contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. E. The Contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the Contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not to circumvent the Contractor's obligations under 24 CFR part 135. F. Noncompliance with regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted projects. by this signature affixed hereto declares under penalty of perjury: Contractor has read City 1 accepts all its requirements contained therein for all of his/her operations within the City of Santa Ind-y1a411-,4fVaevv)g-PveskdI„,6 l- gO(r Print Name and Title Date Contractor License Number & Designation Federal DUNS Number EXHIBIT 2 City of Santa Ana Section 3 New Hire Calculation Form Project Name: Project Location: '�?)00 5. R41JAe0a) mt, bmu6V aA q)lo Street City State Zip Contractor Name: Grein Giant Landscape, Inc. {� d Contractor Contact: Contractor Telephone Number: Contractor Email Address: 0,)r-e'prq d �' C,,(& i Ii,PJ(. GD r i/i Section 3 Resident Hiring Goals Trade/Craft Number of New Hires /. wyy p d Total Number of New Hires: of Section 3 resident new hires necessary to comply with contract: i Date EXHIBIT 8 Contractor's Section 3 Affirmative Action Plan Project Number and Title The undersigned contractor agrees to implement the following affirmative action steps directed at increasing the utilization of lower income residents and business concerns located within the County of Orange. Take affirmative action to ensure that employees or applicants for employment or training are not discriminated against because of race, color, religion, sex or national origin. 2. Send a notice of the contractor's Section 3 commitment to each labor organization or representative of workers and post a copy of the notice at a conspicuous place available to employees and applicants for employment or training. 3. To the greatest extent feasible, make a good faith effort to recruit for employment or training lower income residents from the County, and to award contracts to business concerns which are located in or owned in substantial part by persons residing in the County through use of: local advertising media, signs placed at the project site and notification to community organizations and public or private institutions operating within or serving the project area such as Service Employment and Redevelopment (SER), Opportunities Industrialization Center (OIC), Urban League, Contracted Employment Program, U.S. Employment Service, Chamber of Commerce, labor unions, trade associations and business concerns. 4. Maintain a file of all low-income area residents who applied for employment or training either on their own or on referral from any source, and the action taken with respect to each area resident. 5. Maintain a file of all business concerns located in the County who submitted a bid for work on the project, and the action taken with respect to each bid. 6. Maintain records, including copies of correspondence, memoranda, etc., which document that affirmative action steps have been taken. 7. Incorporate the Section 3 clause provisions in all subcontracts, and require subcontractor(s) to submit a Section 3 Affirmative Action Plan. Green Giant Landscape, Inc. Company Name Signature of C actor 6yla L,, vi a (d L Address: Street, Cit , State, Zip 7J4 Printed Name Qg3U�s aqq PyeSi6fm DUNS Number Title EXHIBIT 9 City of Santa Ana Section 3 Contract Award Consideration Bidder's Name: Green Giant Landscape, Inc. Please check the membered statement that is applicable to your business: 1. W My business qualifies as a Section 3 business concern: If you have checked statement NUMBER 1 please read the attached Section 3 Business Concern Preference - Bidding Requirements. (Please check the applicable qualification for statement number 1) �51% owned by Section 3 residents; or Permanent, full-time employees include at least 30% Section 3 residents; or Will subcontract more than 25% of the dollar award of all subcontracts to be awarded to business concem(s) that meet either of the two preceding qualifications. Note: You are required to list all subcontractors and owner -operators in your bid statement. 2. _ My business does not qualify as a Section 3 business concern. Section 3 business concern dgfipitiM are located in this project's Contract Documents & Specifications kwithin the section titled Section 3 Economic Opportunities Plan. ) i J Owner Dat QPAtrice 1.... 4M. &W�Sd-YU Print Name EXHIBIT 12 CITY OF SANTA ANA WOMEN OWNED/MINORITY BUSINESS OWNED ENTERPRISES (W/MBE) GOOD FAITH EFFORTS Pursuant to 24 CFR Part 85 § 85.36 (e) of Code of Federal Regulations, contractor must take all necessary affirmative steps to assure that minority business firms, women's business enterprises and labor surplus firms are used whenever possible. Contractor shall submit the following information to demonstrate that a goof faith effort has been made to comply with the above section of the Code of Federal Regulations. Submittal of this form, in and of itself, may not provide sufficient documentation to demonstrate that goof faith effort was made. Documentation such as copies of advertisement, letters of solicitation, telephone logs, rejected quotes, etc. should accompany this form. 1. The names and dates of advertisement of each newspaper, trade paper, and minority -focus paper in which a request for W/MBE participation for this project was placed by the bidder: 2. The names and dates of written notices sent to W/MBE soliciting bids for this project and methods used for following up initial solicitation to determine with certainty whether the W/MBE were interested. Names of W/MBE Solicited Dates of Solicitation Follow-up Methods and Dates V711 U44 r9e4 `.2.fM M1,11 CIS (PJ e;.- IM100 The items of work which the bidder made available to W/MBE firms, including, where appropriate, any breaking down of the contracts into economically feasible units to facilitate W/MBE participation, and the information furnished to W/MBE such as plans, specifications, and requirements for the work. Items of Work: C� Breakdown of Items: Information Furnished: FIDOCS\PROPSVCS\HUOFORMS\MBU5BU4AMB-SedoOSpew.000 EXHIBIT 12 (cont.) 4. Efforts made to assist W/MBE in obtaining bonding, lines of credit or insurance, and any technical assistance related to the plans, specifications and requirements for the work which was provided to W/MBE: 5. Any additional data to support a demonstration of good faith effort, such as contracts with W/MBE assistance agencies: I declare under penalty ofperjury that the foregoing information is true and correct to the best of my knowledge. I understand that the City of Santa Ana and/or the U.S. Department of Housing and Urban Development may verify the inform ided herein in connection with W/MBE compliance evaluation/audit activities and that failure to fullyrid truthfully mplete this form mai result in economic or other sanctions. -'-fs I Si nater Name: q Kd dn"S012, Title: 'i ,e, d eo •(— Date: lle2M10 Name of Contractor/Subcontractor: Green Giant Landscape, Inc. Contractor/Subcontractor Identification Number: 001 Address (Street, City, State, Zip): q(41-M tk cut pA Lxx Business Racial/Ethnic/Gender Code: Circle the numeric code which indicates the racial/ethnic/gender character of the owner(s) and controller(s) of 51% of the business. When 51% or more is not owned and controlled by any single racial/ethnicity/gender category, circle the code which seems most appropriate. QWhite Amcrican9 2 = Black Americans 3 =Native Americans Woman Owned Business: Circle One: Yes I or 4 = ,Hispanic Americans 5 = Asian/Pacific Americans 6 = Hasidic Jews F:IDOCS\PROPSVCS\HUDFORMSIMBU5BO4AMB - Section3Spece. DOC To the City of EXHIBIT 15 NONCOLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) Sax 1K) .r`r I C�-p 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 other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. ljraeriGioi fbinIscape,Inc. Name of Contractor FYI A Mao? $ • I' `�Cn ( Signature and Title Date F:COCS1PROPSVCS\HUDFORMMMSU5004AMB- Sectlon3Spew.DOC dai.— EXHIBIT 16 FEDERAL LOBBYIST REQUIREMENTS CERTIFICATION Name of Firm: Green Giant Landscape, Inc. Date: (P - � 1"1 " 15 Address: 0 t4 i" s4-. * State: Zip Code: I o& 3 % Telephone: Z)Y,)-' 6910 -690 Acting on behalf of the above-named firm as its Authorized Official, I make the following Certification to the Department of Housing and Urban Development (HUD) and the Community Development Commission, County of Los Angeles: 1) No Federal appropriated funds have been paid, by or on behalf of the above-named firm to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer 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, loan, or cooperative agreement, and any extension, continuation, renewal, amendment, or modification thereof; and 2) if any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee or any 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 above-named firm shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying" in accordance with its instructions; and 3) The above-named firm shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. 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 the transaction imposed by Section 1352 Title 31 U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Authorized Official: Naz . a 1 d Pr t d 6m Title: Signatur . Date: F:IDOCSIPROPSVCSIHUDFORMSIMBU5BO4AMB- Sedian3Spem.DOC din& ' �, l)/5 EXHIBIT 17 CERTIFICATION OF UNDERSTANDING AND AUTHORIZATION Project Name:. l %11'p (1a, Project Number: I LI — q 5 1 9 This is to certify that the principals and the authorized payroll officer, below, have read and understand the Minutes of the Preconstruction Conference and the labor standards clauses pertaining to the subject project. The following person(s) is designated as the payroll officer for the undersigned and is authorized to sign the Statement of Compliance, which will accompany our weekly certified payroll reports for this project: Payroll,0ficer', roll icer Signature Green Giant Landscape, Inc. Con actor/ bcontractor y Signature Printed Name Vyre-61 d Title \� u il ('Pe 914, Date Contractor/Subcontractor License No. g q' -)H LN DUNS Number Sed.n3Specs.00C 61112015 Registration Activated 1 From: samadmin <samadmin@sam.gov> To. greengtantoffice <greengiantofce@ao!.com> Cc: greengiantoffice <greengiantoffice aol.com> Subject: Registration Activated for Green Giant Landscape Inc. /943425249 /7DQ02 Date: Mon, Jun 1, 2015 11:09 am This email was sent by an automated administrator. Please do not reply to this message. Dear Donald Henderson, Congratulations! The registration for Green Giant Landscape Inc. / 943425249 / 7DQQ2 is now active in the U.S. federal government's System for Award Management (SAM). If you did not provide a CAGE code during the registration process, one has been assigned and is provided above. You are now eligible for contracts, assistance awards, and to do business with the federal government as determined by your Entity's profile. Important: The Periodic Update Requirement Date for the registration is 27 -MAY -16. You must renew the registration by this date to remain active. In addition, you may continue to invite additional users by following the below steps: * Login to SAM using a valid Username and Password * Select "Manage Entity Users" from the left-hand navigation menu * Select "Invite User" from the left-hand navigation menu * Select the desired Entity Provide invitee's email address * Assign Role(s) to be associated with the user account * Click Submit All invitees will receive an email message from SAM with instructions on how to complete the process. For assistance, please contact the Federal Service Desk at www.fsd.gov or by telephone at 866-606-8220 (toll free) or at 334-206-7828 (internationally). Thank you, The System for Award Management (SAM) Administrator https://www.sam.gov httFs:lhnaii.aol, com/webmail-std/en-ts/PrintM essage nistLar egrstrntion Mew Poi yra,�n',g,of C2e!jys tion � i]difs� if'rxrrnataon Verily DUNS Inforemation Hl!'itAESS Information IR5 Consent ' CAGE or NCAGE Code Al CAGE_ (hmemirip )halls �+ Ge��argi mfomrat;on "4 Financial Infonriation 'y Executive Coni}w-rnsatian Questions =t9 Prnceetitngs {�kFv'Stld�!5 Informadnn Opt, cn. € Re\4ew core [lata Asse bores R�eyent�tiuns �nQ celtifltions Paints gf Contact 5ubrnit Certification ki°b uskit 9:tA.gflao.011. Verify DUNSInformation- DUNS: 949425249', Page Description Please review the information retrieved from Dun & Bradstreet (D&B) for accuracy. If you click "Save & Continue," the information from D&B will appear in your entity's registration. If the information returned is incorrect, please click"Cancel" and make the necessary updates If you've received confirmation from D&B that your requested updates vvere completed over 24 hours ago, and that Information is not yet displayed under "Details returned from D&B", dick the button to refresh your data. .4. iY, Details Entered by the user DUNS: Legal Business Name; Doing Business As; Address Line 1: Address Line 2: City. State: ZIP/Postal Code: Country.. 'CAIV'i.`P.'T. 943425249 Green Giant landscape, Inc. (none) 941-A Macy St. La Habra CA 90631 UNITED STATES Details returned from D&B DUNS: Legal Business Name: Doing Business As: Address Lihe 1; Address Line 2: City State: Z(P/Postal Code: Country: 943425249 Green Giant landscape Inc (none) 941 A Mary St La Habra CA 90631.3466 UNITED STATES r*�boy.I`I+II� Syatem for Award Managwnent 1,o SBM vI.KV.20150327-1711 WWW4 to ail Users: This Is a Federal Government computer system. Use of this i constitutes consent to monitoring at all times. )OABXdcACJgYXZheC5mYW Nlcy5wb3JObGVOYnJpZGdILINU QVRFXOIEAAAAAQApdmfldzozM DEzNt)hkZC 11Y2QzLTQwMzQtDDHM COxMZNIY CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDNYYY) 8/12/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE MOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer fights to the certificate holder in lieu of such endorsement(s). PRODUCER Tutton Insnrance Services, Inc.PHONE 2919 S Pullman Street License #O$89376 Santa Ana CA 9210E COKrACT NAME: (849)261-5335 P X, Not: MMIOOYIYYXYY INSURERS) AFF ORDING COVERAGE NAICY INSURERA:WGSt American Insurance 44393 INSURED Green Giant Landscape, Inc. 941—A .Macy Street La Habra CA 90631 INSURER eMerOu Insurance Company INSURER C;Atllerican vire & Casualty Ins. 24066 INBURERO:InS Company of the Nest NSURER E IN9URERF: COVERAGES CERTIFICATE NUMBER:14-15 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAYHAVE BEEN REDUCED BYPAID CLAIMS, INR TYPO OF INSURANCE ANSP OL R POLICY NUMBER MMIDWYYYY CY OFF MMIOOYIYYXYY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LABILITY CLAIMS -MADE QOCCUR Ross Street Annex (M-22) BKK1556365248 0/9/2014 0/9/2015 EACH OCCURRENCE PREMISES o $ 500,00 MEDEXP (Any one person) $ 5,000 PERSONAL& ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GENL AGGREGATE LIMIT APPLIES PER: X POLICY PRO- JECT El LOC PRODUCTS -COMPIOP AGG $ 2,000,000 $ B AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED SCHEDULED X HIRED AUTOS X NQNAUTOSNJEO 040000000253 /4/2015 /4/2016 Ee a Idem 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ e PERTYQ A E $ -Medlcal 0.ym.ns $ 5 000 L. UMBRELLA LIAB X EXCESS LIAB OCCUR CLAIM&MADE DAS5136790 0/9/2014 0/9/2015 EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,000 DED I X I RETENTION 0 $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITYFR ANY PROPRIETORIPARTNERIEXECUTIVE � OFFICERIMEMBER EXCLUDED? IMandalaly in NH) H yyeeS deeedbe under 0 SGRIPTION OF OPERATIONS below NIA D502347902 /1/2015 /1/2016 X IT RSTA ITS OTH- E.L. EACH ACCIDENT $ 1 000 000 E.L. DISEASE - EA EMPLOYEE $ 1,000,00 E.L. DISEASE -POLICY LIMIT $ 1,000,00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (A(tach ACORD 101, Additional Remarks Schedule, It more space is required) RE: Project No. 14-7514; Santa Anita Park Improvements The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California, 92702; its officers, employees, agents and volunteers .arenamed-as-Additional-Insured per CG2010 04/13 & CG2037 04/13. 10 day of notice cancellation of non-payment per attached CL0100 03/99. CERTIFICATE HOLDER CANCELLATION ACORD 25 (2010105) (e71969-2010 ACORD CORPORATION. All rights reserved. INS025 (201005)01 The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Santa Ana 20 Civic Center Plaza AUTHORIZED REPRESENTATIVE Ross Street Annex (M-22) Santa Ana, CA 92101 Stanley Tutton/RBURN5 ACORD 25 (2010105) (e71969-2010 ACORD CORPORATION. All rights reserved. INS025 (201005)01 The ACORD name and logo are registered marks of ACORD E9 s ce POLICY NUMBER: BKW1656365248 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Blanket Additional Insured Agreed written contrct, agreement, permit 1371 Macy Street LA HABRA, CA 90631. Location(s) Of Covered Operations Any location(a) when You have agreed in a written contract, agreement or permit that person or organization be added as an additional insured Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to Include as an additional Insured the person(s) or organization(s) shown In the Schedule, but only with respect to liability for "bodily in- jury", "property damage or "personal and advertising Injury" caused, in whole or In part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operators for the additional Insured(s) at the location(s) designated above. However: 1. The Insurance afforded to such additional Insured only applies to the extent permit- ted by law; and 2. If coverage provided to the additional in- sured is required by a contract or agree- ment, the Insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional Insured. CG 20 10 04 13 B. With respect to the insurance afforded to these additional Insureds, the following addi- tional _exclusions apply: This Insurance does not apply to "bodily In- jury" or" property damage" occurring after: 1. All work, Including materials, parts or equipment furnished In connection with such work, on the project (other than ser- vice, maintenance or repairs) to be per- formed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arlses has been put to Its Intended use by any person or or- ganization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. 0 Insurance Services Office, Inc., 2012 Page 1 of 2 C. With respect to the Insurance afforded to these additional insureds, - the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured Is required by a contract or agreement, the most wewill pay on behalf of the additional Insured is the amount of Insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of IMM Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the sp- pllcable Limits of Insurance shown in the Dec- f laratlons. M s Page 2 of 2 o Insurance Services Office, Inc., 2012 CG 20 10 04 13 d z POLICY NUMBER: BKVV1556365248 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Addkional Insured Persons) Or Organization($) Blanket Additional Insured Agreed Written contrct, agreement, permit 1371 Macy Street LA HABRA, CA 90631 Location And Description Of Completed Operations work described in writing in the contract,. agreement or permit Locationis) at which. You performed work described in written contract, agreement or permit Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to include as an additional Insured the person(s) or organizations) shown in the Schedule, but only with respect to liability for "bodily In- jury" or "property damage" caused, in whole or In part; by "your work" at the location des- Ignated and described in the Schedule of this endorsement performed for that additional insured and included In the "products-com- plated operations hazard However: 1. The Insurance afforded to such additional insured only applies to the extent permit- ted by law; and 2. If coverage provided to the additional In- sured is required by a contract or agree- ment, the Insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additlonal insured. CG 20 37 04 13 B. With respect to the insurance afforded to these additional insureds, the following Is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional Insured Is the amount of Insurance; 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown In the Declarations; whichever is less. This endorsement shall not Increase the ap- plicable Limits of Insurance shown In the Dec- laratlons. o Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: BKW1556365248 AAIS CL 0100 03 99 Pace 7 of 1 COMMON POLICY CONDITIONS 1. Assignment -- This policy may not be as- signed without "our" written consent. 2. Cancellation -- "You" may cancel this policy by returning the policy to "us" or by giving "us" written notice and stating at what future date coverage is to stop. "We" may cancel this policy, or one or more of Its parts, by written notice sent to "you" at "your" last mailing address known to "us". If notice of cancellation is malled, proof of mail- ing will be sufficient proof of notice. If 'We" cancel this policy for nonpayment of premium, "we" will give "you" notice at least ten days before the cancellation is effective. If we" cancel this policy for any other reason, "we" will give "you" notice at least 30 days In advance of cancellation-. The notice will state the time that the cancellation Is to take effect. "Your" return premium, If any, will be calcu- lated according to "our" rules.. It will be re- funded to "you" with the cancellation notice or within a reasonable time. Payment or tender of the unearned premium is not a con- dition of cancellation. 3. Change, Modification, or Waiver of Policy Terms - — A waiver or change of the "terms" of this policy must be Issued by "us" In writ - Ing to be valid. 4. Inspections -- "We" have the right, but are not obligated, to inspect "your' property and operations at any time. This inspection may be made by "us" or may be made on "our" behalf. An inspection or Its resulting advice or report does not warrant that "your" property or operations are safe, healthful, or in compli- ance with laws, rules, or regulations. Inspec- tions or reports are for "our" benefit only. 5, Examination of Books and Records -- "We" may examine and audit "your' books and records that relate to this policy during the policy period and within three years after the policy has expired. CL 0100 03 99 Copyright, American Association of Insurance Services, Inc., 1998 Bond No.: PB 115104 00466 Premium: Included with Performance Bond Attachment A KNOW ALL MEN BY THESE PRESENTS, THAT: WHEREAS, the City of Santa Ana, State of California, and Green Giant Landscape, Inc. (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated August 4, 2015 entitled " Project No. 14-7514 Santa Anita Park Improvements is hereby referred to and made a part hereof, and WHEREAS, under the terms of said agreement, Principal is required before entering upon the performance of the work, to file a good and sufficient Contractors Payment Bond with the City of Santa Ana to secure the claims to which reference is made in Title 3, (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code of the State of California. NOW THEREFORE, said Principal and the undersigned as corporate Surety, are held firmly bound unto the CITY OF SANTA ANA, and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code, in the sum of One Hundred Forty Seven Thousand Dollars and 001100SDOLLARS ($147,000.00 ), for materials famished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor or for any amounts required to be deducted, withheld and paid over to the Franchise Tax Board from the wages of employees of the Principal and his subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such work and labor, that said Surety will pay the same in an amount not exceeding the amount bereinabove set forth, and also in case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. IT IS HEREBY EXPRESSLY STIPULATED AND AGREED that this Bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims Title 3, (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. 1 The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligations on this Bond, and it does hereby waive notice of any such change, extension, alteration or addition. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on August10 , 2015 PRINCIPAL: Green Giant Landscape, Inc. (Type Company Name) Title: vl'� By: Title: (Attach Acknowledgements of both Principal and Surety signatures) APPROVED AS TO FORM: Al Funk, Assistant Cttorney Payment Bond - P.W. (except subdivisions) 02/13 0) SURETY: Philadelphia Indemnity Insurance Company (Type Company Name) By: Title: Matthew J. ats, Attorney -in -Fact By: Title: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of 0i On (10fllUS'f 10,105 beforeme, J Date personally appeared Matthew J. Goats Summer L. Reyes, Notary Public Here Insert Name and Title of the Officer Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persons) whose names} isAwe subscribed to the within instrument and acknowledged to me that he/slie/tgey executed the same in his/her/tlieir authorized capacity(ies), and that by his/4w/t#eir signature(4on the instrument the person*, or the entity upon behalf of which the persons} acted, executed the instrument. .e-®®aw. .,, SUMMER L. REYES SCommission # 1986627 z ; e�; Notary Public - California z z �° Orange County " My Comm. Expires Jul 29, 2016' I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature ofpotary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) item #5907 2624 PHILADELPHIA INDEMNITY INSURANCE COMPANY 231 St. Asaph's Rd., Suite 100 Bala Cynwyd, PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint Linda D. Coats, Matthew J. Coats and Summer Reyes of Coats Surety Insurance Services, Inc., its true and lawful Atl'orney-in-fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contract's of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $25,000,000.00. This Power of Attorney is granted and is signed and sealed by facsimile under mid by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY at a meeting duly called the I" day of July, 2011. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) Appoint Attorney(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; mid (2) to remove, at any time, any such Attorney -in -Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and biding upon the Company in the future with the respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS I On' DAY OF JUNE 2013. Gp - 1 27' (Seal) Robert D. O'Leary .Ir., President & CEO Philadelphia Indemnity Insurance Company On this 101' day of June 2013, before me cane the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. COMMONWEALTH OF PENNSYLVANIA NobNel Seal Jambe ly A. Mffi uM, Ill Public Lower Meaon Twp. I,InutYaPoel/(000ty LcmmaSbo Frlpl2c Sec. 18, 3016 Mtne[RPNNSM1VMIIA 0.60CJR qi OylgilP]fs Notary Public: residing at: Bala Cynwyd, PA (Notary Seal) My commission expires: December 18 2016 1, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do herby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant t'heret'o on this 10" day of June 2013 true and correct and are still in full force and effect. I do further certify that Robert D. O'Leary Jr, who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 10k day of 646I�(.i`I , 20 /7 I 1927 Edward Sayago, Corporate Secretary �,; PHHLADELPHIA INDEMNITY INSURANCE COMPANY A,. CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity Of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ®✓Gd V1r'' } Onq ( before me, l)< p � Ill 0 e'(410 ��h d (!Yt Personally appeared I)UYtodd e who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my OF THE ATTACHED DOCUMENT ("lle of descnp#on of attached document) (Title ordescdphon of attached document continued) of Pages — Document Date CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Tit e) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 20'1$ Version mnerv.NolarrCiasses.Com 800-873-98(35 ^ "°"`•""ROSIE TOLEDO-HENDERSON - CMM.## 2 NOO MM BLIC•086CALIFORNIA N L0E ANOELEe CCUNiY ^�•+�^" My CCM,N, Etv. Nov, 16, tD10� (Notary Public Sea]) INSTRUCTIONS FOR COMPLETING THIS FORM Aisform complies with Current California statutes regarding notary wording and ifneeded should be ronrpleted and attached to the document Acknowledgments from other states may be completedfor documents being sent to that state so long as the wording does not require the California notary to violate California notary law. • State and Cowry information must be the State and County where the document signers) personally appeared before the notary public for acknowledgment. • Date ofnotarization must be the date that the signer(s) Personalty appeared which most also be the same date the acknowledgment is completed. • The notary public must prim 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 signers) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. hrrshehhey- is /ere) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public most 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. fi Indicate title or type of attached document,number of pages and date. 3 Indicate the capacity claimed by the signer, If the claimed capacity is a corporate officer, indicate the title (i.e. CFA, CFO, Secretary) • Securely attach this document to the signed document with a staple. Bond No.: PB 115104 00466 Premium: $2,940.00 **Premium is based on 100% of the final contract amount" Attachment B KNOW ALL MEN BY THESE PRESENTS THAT: WHEREAS, The City of Santa Ana, State of Califonda, and Green Giant Landscape, Inc. (hereinafter designated as "Principal") have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement, dated August4 2015 entitled " Project No. 14-7514 Santa Anita Park Improvements is hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said agreement to furnish a Bond for Faithful Performance of said agreement. NOW,THEREFORE,we,thePrincipaland Philadelphia Indemnity Insurance Company as Surety, are heW and firmly bound unto the City of Santa Ana (hereinafter called "City"), in the penal sum of One Hundred Forty Seven Thousand Dollars and 00/100s DOU ARS (S 147,000.00 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their par, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents and employes, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As part of the obligation segued hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. 11 The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on Auqust 10, 2015 PRINCIPAL: Green Giant Landscape, Inc. Title: SURETY: Philadelphia Indemnity Insurance Company (Pype Company Name) (Attach acknowledgements of both Principal and Surety signatures) APPROVED AS TO FORM: J/4hn M. Funk, Assistant rty Attorney 6102 2 By i e. Matthew J.Oats, Attorney -in -Fact By _ Title: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the Individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document, State of California ) County of orange ) On (/1 V161115� (0 1 70 before me, Summer Reyes, Notary Public Date Here Insert Name and Title of the Officer personally appeared Matthew J. Coats Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persons} whose name(4 is/ere subscribed to the within instrument and acknowledged to me that he/wine/they executed the same in his/her/their authorized capacity(i)s), and that by his/ktwAIger signature(4on the instrument the person*,, or the entity upon behalf of which the person(4 acted, executed the instrument. SUMMER L. REYES Commission # 1886627 [ z: r� a Notary Public - California z z "° Orange County n My Comm. Expires Jul 29, 2016 N 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 ( Vwvvv Signatur6 of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages; Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual [I Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: @2014 National Notary Association • www.NationaiNotary.org • 1 -800 -US NOTARY (1-800-676-6827) Item #5907 2623 PHILADELPHIA INDEMNITY INSURANCE COMPANY 231 St. Asaph's Rd., Suite 100 Bala Cynwyd, PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint Linda D. Coats, Matthew J. Coats and Summer Reyes of Conts Surety Insurance Services, Inc., its true and lawful Attorney-in-fact with full authority to execute on its behalf bonds, undertakings, reeognizances and other contract's of indemnity and writings obligatory in the nature thereof, issued in the course of its business acid to bind tire Company thereby, in an amount not to exceed $25,000,000.00. This Power of Attorney is granted mrd is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY at a meeting duly called the I" day of July, 2011. RESOLVED; That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) Appoint Attorney(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds mrd undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney -in -Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and biding upon the Company in the future with the respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 10TH DAY OF JUNE 2013. 1927 (Seal) Robert D. O'Leary .Jr., President & CEO Philadelphia Indemnity Insurance Company On this 10"' day of June 2013, before me came the individual who executed the preceding instrument, to me personally (mown, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. - COMMONWEALTH OF PENNSYLVhN1A Kh Wy A. Kas11, Naary Pubk Luwar McOan Twp. M1dN9mYa7mumY Cpmml�M 6pms ax. l0, 30I6 c�t/p�}�/'�'�'l�/E�) meNa6p,FaNmvuunasmnnan orrurNars Notary Public. (Notary Seal) residing at: Bala Cvnwvd, PA My commission expires: December 18 2016 I, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do herby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto on this ICT" day of June 2013 true and correct and are still in bill force and effect. 1 do further certify that Robert D. O'Leary Jr., who executed the ]'ower of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 10 4k day of alloj- 1205- 1 205 1 .92 _ Edward Sayago, Corporate Secretary f �, PHILADELPHIA INDEMNITY INSURANCE COMPANY CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity Of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of.. 0✓" ) On q•m-(r beforeme,_ (2Q 1 1Dd-eAo (41At.°A1661, I.Iffalmert name and Peo eo car personally appeared _ aa! ct (c{ w4/C � _ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS m Off Seal. - •^ rNte_ ROSIE TOLEDO•NENDER60N COMM -112686732 NOTARY PUBLIC -CALIFORNIA COUNTYLos MY COW EXP, NOV. 16ttU`/nI Mille tlIiSigltur (Notary Public seal) OF THE ATTACHED DOCUMENT (11110 Of description of attached document) (idle or description of attached dmcument continued) of pages — Document Date CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) 1. ❑ Other 2015 Version vavAn,.1\IntarycIasses.cmn 800-$73-0865 INSTRUCTIONS FOR COMPLETING THIS FORM Thisform complies wish current California mabdes regarding normywording and, ifneeded she end be completed and attached to the document. Acknowledgments from other states may be completed for documents being sew to that slate so long os the Irmding does not require the California notary to violate California notary lacy. • State and County information most be the State and County where the document signers) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her time as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signers) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. Itrlshetthey, is lace) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must he clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. 4 Additional information is not required but could help to ensure this acknowledgment is not misused orattaehed to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely mnaeb this document to the signed document with a staple.