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Home My WebLink About23A - PROJ - MEMORY LANE SA RIVER PARKREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 15, 2016 TITLE: AWARD CONTRACT FOR CONSTRUCTION OF MEMORY LANE / SANTA ANA RIVER PARK (PROJECT NO. 15 -2647) (STRATEGIC PLAN NO. 6, 1G) { CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordlnance on 1" Reading ® Ordlnance on 2°d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Authorize the City Manager and Clerk of the Council to award and execute a construction contract to Lehman Construction, Inc., the lowest responsible bidder, in accordance with the base bid plus additive Alternates 1, 2, 3, 4, and 6, in the amount of $859,172, for the term beginning upon execution of the contract and ending June 30, 2016, for the construction of the Memory Lane /Santa Ana River Park, 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 $1,073,900, which includes the contract base plus additive Alternates 1, 2, 3, 4, and 6; administration; inspection; testing; and an authorized contingency of $85,917. DISCUSSION The proposed project, Memory Lane /Santa Ana River Park, is a new neighborhood park involving the development of a City -owned one -half acre property located at the Santa Ana northern city limits next to the Vista Del Rio Housing Community. The site is bordered on the north by Memory Lane and is adjacent to the Santa Ana River regional bicycle, equestrian, and jogging trail (Exhibit 1). The new park includes a bike and equestrian rest stop, a shade structure, picnic area, a themed playground, security lighting, drought tolerant plants, and an exercise fitness area. This project was included in the approved FY 2015 -16 Capital Improvement Program and the recommended award will deliver these improvements. Once completed, the park and its amenities will add to the social, environmental, economic, health, and well -being of the community. A Notice Inviting Bids was advertised on February 5 and 12, 2016, and bids were opened on February 24, 2016. The following is a summary of the bid invitations made and the bids received: 23A -1 Award Contract for Construction of Memory Lane /Santa Ana River Park March 15, 2016 Page 2 Contractor Participation Data Santa Ana contractors receiving notices 18 Contractors requesting bidding documents 22 Bids received 10 Bids received from Santa Ana contractors 0 Bid Results Summary RANK BIDDER'S NAME LOCATION BASE BID AMT 1 Lehman Construction, Inc. Tustin $526,056 2 C.S. Legacy Construction, Inc. Pomona $593,332 3 Principles Contracting, Inc. Riverside $625,833 4 Marina Landscape, Inc. Orange $685,595 5 Green Giant Landscape, Inc. La Habra $708,400 6 Excel Paving Company Long Beach $731,272 7 Kasa Construction Chino $774,898 8 Beador Construction Company, Inc. Corona $835,700 9 Patriot Contracting & Engineering Yorba Linda $902,703 10 Minko America Corporation Gardena $957,506 Ten bids were received and all ten were considered responsive. Lehman Construction, Inc., submitted the lowest responsive bid (Exhibit 2). The advertised bid document was divided into a base bid and several alternates. The base bid was used to identify the low bidder, and the alternates could be used in any combination to maximize the use of the project grant funds. Lehman Construction, Inc. submitted a base bid in the amount of $526,056 and additive Alternates 1, 2, 3, 4, and 6 in the amount of $369,116 for a total amount of $859,172. The total estimated delivery cost of this project, which includes construction, contract administration, inspection, testing and contingencies is $1,073,900. Staff proposes awarding a contract to Lehman Construction, Inc., in the amount of $859,172, which includes the base bid and a combination of additive Alternates 1, 2, 3, 4, and 6 (Exhibit 3). The recommended scope of work and contract amount is comparable to the corresponding engineer's estimate. 23A -2 Award Contract for Construction of Memory Lane /Santa Ana River Park March 15, 2016 Page 3 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 - Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans [e.g., neighborhood streets, traffic improvements, etc.]). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. 2016 -09 was filed for this project. FISCAL IMPACT The Memory Lane /Santa Ana River Park project is scheduled to be completed by June 30, 2016. The estimated total delivery cost of this project is $1,073,900, which includes construction, contract administration, inspection, testing and contingencies (Exhibit 4). Funding in the amount of $172,293 is available in the Residential Development District 1 Fund (Account No. 31113260- 66220) and $901,607 in the Parks and Recreation Capital Grants Fund (Account No. 16113267- 66220) for expenditure in FY 2015 -2016. r `9 G IS" G- fayFred Mousavipour Executive Director Public Works Agency *�� Gerardo Mouet — Executive Director Parks, Recreation & Community Services Agency FM /EWG/TC Exhibits: 1. Location Map 2. Bid 3. Construction Contract 4. Cost Analysis APPROVED AS TO FUNDS & ACCOUNTS: Z Francisco Gutierrez Executive Director Finance & Management Services Agency 23A -3 23A -4 0 LARETLA LANE [--7 NPA111ILl LACK CBE ME EVOY LANE SANTA ANA CITY COUNCIL AGENDA DATE: MARCH 15, 2016 PUBLIC WORMS AGMY ¢ Q R VAR LANE EXHIBIT 1 PROJECT 15 -2467 MEMORY LANE/ SANTA ANA PARK 23A -5 p- U.i LI I H vJ J r c Q CO PAGE 1 OF 3 23A -6 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15 -2647 MEMORY LANE - SANTA ANA RIVER PARK BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: LEHMAN CONSTRUCTION, 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 Aescription Qty Unit --Unit Price Amount 1 Mobilization 1 LS -- -- $93,920.00 2 Demolition 1 LS $ 4,463.00 3 Grading 614 CY 12.00 $ 7,368.00 4 Drainage and Domestic Water 1 LS - --- $ 201256.00 5 Dry Wells (2 total) 1 LS S 55,650.00 6 LifFixtures and Footings 1 LS $ 68,800.00 7 L�lce, Con trols, TrConduit 1 LS 24,893.00 7a Elice Connection to SConnection 300 $18.00 51400.00 8 Concrete Work 1 LS 20,580.00 9 Permeable Concrete Fevers 2,424 SF $8.00 $ 19,392.00 10 Pilasters I LS ___ $ 21,468..00 11 4' -0" Wooden Bridge 3 EA $ 1,713..00 $ 5,139.00 11 8' -0" Wooden l3ridgo 1 EA S 2,962.00 $ 2,962.00 Exhibit 2 P -1 ofP -1'7 23A -7 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15 -2647 MEMORY LANE - SANTA ANA RIVER PARK Item description Qty Unit Unit Price Amount 12 Stabilized Decomposed Granite 3,967 SF �.00 $19,835.00 Paving 13 Rock Cobble and Boulders 1 LS - - -- $11,500.00 14 Tubular Steel Fencing 170 LF $ $ 95.00 16,150.00 15 Asphalt Paving . 75 TN $ $ 250.00 _18,750.00 I6 Site Amenities l LS - - -- $32,851.00 17 Information Sign 1 LS $ 2,623.00 IS Horse Tie Posts 6 EA $ $ 578.00 3,968.00 19 Planting I LS $39,199.p0 20 Irrigation 1 LS ...... $ 31,891.00 TOTAL.BASEBID $ 526,056.00 $ 526,056.00 Total Bid Price in Numbers FIVE HUNDRED TKENTY-SIX THOUSAND FTFmV_.gru PnrTADO ibtal Bid Price in Written Form In case of discrepancy between the written price and the numerical price, the written price shall prevail The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add - alternate bid items (if any). The quantity for this bid itern is shown for bid comparison only. This bid item shall not be subject to the "25 %" limit as stated in Section 3 -2 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. f This bid item is considered a Specialty Item per Section 2 -32 of the Standard Specifications. P -2 of P -17 23A -8 S teel Trellis 1 LS 1, ____ $ 43,235.00. TIME FOR COMPLETION OF IMPROVEMENTS AND LI IJI. ➢ATBD DAMAGES The undersigned bidder hereby proposes to complete the WeIrlc for the total base bi,d. amount shown above, within sixty (601 Working days after the commencement date stated in the Notice to Proceed. The liquidated damages amount, in lieu of the amount specified in Subsection 6.9 of the Standard Specifications, shall be $2,550 per calendar da. NarneofFirm L'EHMAN CONSTRUCTI NC, SignamrOOfBIDDER _ Ma Le 'an Title President (If an individual, so state, If a finn or co- parmership, state the fine name and give the names of all individual co- partners composing tre 6rm. If a corporation, state legal name e he names and names of President, Secretary; Tteasurer and Manager, thereof,) President: Mark Lehman Secretary /Treasurer: Diana Lehman Legab Name: Lehman Construction, Inc. P -3 ofP -17 23A -9 CITY OF SANTA ANA PROPOSAL PROJECT NO,; 15 -2647 MEMORY LANE - SANTA ANA RIVER PARK ADDITIVE ALTERNATES Item D Description Qty Unit Unit Price Amount Al A Additive Alternate #1 —Play I L LS $ $ A2 A Additive Alternate #2 — Fitness 1 148,200.00 E Equipment LS $ $ . A3 A Additive Alternate #3 —Site 9 92, 575.00 Amenities 1 $ A4 A Additive Alternate #4 — Picnic 6 68,550.00 Shelter 1 LS $ $ A5 A Additive Alternate 95 — County 1 L 30, 556.00 LS 3 $59, 3 A6 A Additive Alternate #6 S 367.00 teel Trellis 1 LS 1, ____ $ 43,235.00. TIME FOR COMPLETION OF IMPROVEMENTS AND LI IJI. ➢ATBD DAMAGES The undersigned bidder hereby proposes to complete the WeIrlc for the total base bi,d. amount shown above, within sixty (601 Working days after the commencement date stated in the Notice to Proceed. The liquidated damages amount, in lieu of the amount specified in Subsection 6.9 of the Standard Specifications, shall be $2,550 per calendar da. NarneofFirm L'EHMAN CONSTRUCTI NC, SignamrOOfBIDDER _ Ma Le 'an Title President (If an individual, so state, If a finn or co- parmership, state the fine name and give the names of all individual co- partners composing tre 6rm. If a corporation, state legal name e he names and names of President, Secretary; Tteasurer and Manager, thereof,) President: Mark Lehman Secretary /Treasurer: Diana Lehman Legab Name: Lehman Construction, Inc. P -3 ofP -17 23A -9 23A -10 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO. 15 -2647 MEMORY LANE /SANTA ANA RIVER PARK This CONSTRUCTION CONTRACT is made and entered into this March 15, 2016, 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 Lehman Construction, Inc., hereinafter referred to as "CONTRACTOR ". WITNESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 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 worlananlilce manner and to the satisfaction of the City Engineer of the CITY, the Memory Lane /Santa Ana River Park Project, hereinafter referred to as the "Work of Improvement ", identified in and in accordance with the Contract Documents prepared by the City's Public Works Agency and approved by the City Council. 2. The complete Construction Contract consists of the "Contract Documents," as defined by the Standard Specifications for Public Works Construction and which include the following: • Notice Inviting Bids • Information to Bidders o Bid Proposal + Bid Bond • Contract Form • Contract Bonds • General Provisions • Special Provisions • Project Plans • Appendices In case of conflict between the Contract Documents, 'the precedence of docurnents shall be as established in the Standard Specifications for Public Works Construction.. 3, CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the Work of Improvement the sum total amount not to exceed $859,172.00, as set forth, and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A ". The BID PROPOSAL contains a schedule of unit price(s) or lump stun(s) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable. Exhibit 3 2311 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO. 15 -2647 MEMORY LANE /SANTA ANA RIVER PARK 4. CONTRACTOR agrees to complete the Work of Improvement within the time specified in the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit "A ") including commencing construction within the timeframe therein specified after issuance of a Notice to Proceed. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the Work of Improvement a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law. 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 Rxidred 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). 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 sb,all, 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. 4MAWIF CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO. 15 -2647 MEMORY LANE /SANTA ANA RIVER PARK IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney BY 7 L�,./f. J e Sandoval ft- ChiefAssistant City Attorney CITY OF SANTA ANA: DAVID CAVAZOS City Manager RECOMMENDED FOR APPROVAL: Fred Mousavipour Executive Director, Public Works Agency CONTRACTOR: Lehman Construction, Inc., By:_ Title: PqF T� CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15 -2647 MEMORY LANE - SANTA ANA RIVER PARK BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA PROM: LEHMAN CONSTRUCTION, 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 aocordance with said plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the following schedula: BASE BID Item Description Qty Uuil Unit Price Amomlt 1 Mobilization I LS ---- $ 93,420.00 2 Demolition — 1 LS ____ $ 4,463.00 3 (wading 614 CY $ 12.00 $ 7,366.00 4 Drainage and Domes tic Water 1 LS $ 20,256.00 5 Dry Wells (2 total) 1 LS $ 55,650,00 6 Light Fixtures and Footings 1 LS $ 68,800.00 7 Electrical Service, Controls, Trenching and Conduit 1 LS - - -- $ 24, 893.00 7a Electrical Service Connection to SCE Point of Connection, 300 LF - - -- $18.00 $ 5,400.00 8 Concrete Work 1 L-S 20,580.00 9 Permeable Concrete Pavers 2,424 SF $ 6.00 $ 19,392.00 10 Pilasters 1 LS - -__ $ 21,468.00 --4 Wooden Bridge 3 EA $ 1,713..00 $ 5,139.00 11 8' -0" Wooden Bridge 1 EA $ 2,952.00 $ 2,962.00 P -1 of P-17 23A -14 CITY OF SANTA. ANA. PROPOSAL PROJECT NO,: 15 -2647 MEMORY LANE - SANTA ANA RIVER PARIS Item Description Qty Unit Unit Price Amount 12 Stabilized Decomposed Granite 3,967 SF $ $ 19,835.00 Paving .00 13 Rook Cobble and Boulders 1 LS . - -- $1,1,500.00 14 Tabular Steel Fencing 170 LF $ $ 95.00 16,150.00 15 Asphalt Paving . 75 TN $ $ 250.00 -18,750.00 16 Site Amenities I LS - -._ $32,851.00 17 Information Sign 1 LS $ 2,623.00 18 horse Tie Posts 6 EA $ $ 578.00 3;968.00' 19 Planting I LS - -_- $ 39,194.00 20 Irrigation 1 LS $ 31,894.00 TOTAL BASE BID $ 526,05E.00 $ 526,056.00 Total Bid Price in Numbers FIVE HUNDRED TWENTY -SIX THOUSAND FIFTY -SIX nnT,r,nnq Total Bid Price in Written Form ha ease of discrepancy between tire written price and the numerical price, the written price shall prevail. The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the adcl- alternate bid items (if any). The quantity for this bid itern is shown for bid comparison only, This bid item shall not be subject to the "25 %" limit as stated in Section 3 -2 of the Standard Specifications, The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. f This bid item is considered a Specialty Item per Section 2.3.2 of the Standard Specifications P -2 of P -17 23A -15 CITY OF SANTA ANA PROPOSAL PROJECT NO,; 15 -2647 MEMORY LANE - SANTA ANA RIVER PARR ADDITIVE ALTERNATES Descripti on Additive Alternate #I — jltern Equipment & Rubber Si Additive Alternate #2 — Equipment Additive Alternate #3 — Amenities A4 Additive Alternate Shelter — county I 1 I LS 1 -. -- 146,200.0 0 4750 0 30,556.00 A6 Additive Alternate #6 —Steel 59 367.00 Trellis 1 $ 43 - .,GJJ. VU. TIME FOR COMPLETION OF IMPROVEMENTS AND L IQULOATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown abode, within sixty (60)� working day§ after die commencement date stated in titre Notice to Proceed. The liquidated damagcs amount, in lieu of the amount specified in Subsection 6 -9 of the Standard Specifications, shall be $2,550 Per calendar da . Name of Firm LEHMAN CCNSTRUCTI�y I jNCf S ignaturc of 13IDDER Title Previdenr, • r / (If an individual, so state, If a firm or co- partnership, state the firm name and give the names 09 all individual co- partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer aid Manager, thereof,) President: Mark Lehman Secretary /Treasurer: Diana Lehman LegaN Name: Lehman Construction, Inc, P -3 Of P-17 23A -16 CITY OF SANTA ANA PROPOSAL PROJECT NO,: 15.2647 MEMORY LANE - SANTA ANA RIVER PART{ BIDDER'S STATEMENT BIDDER understands and agrees thaf this Bid Proposal, Contract Docurments 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 Cleric 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 Ws /her duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to BIDDER or deposited with the United States Postal Service properly addressed to the BIDDER with the correct postage affixed thereto. BIDDER further agrees that upon delivery (as defined above) of the accepted agreement he /she will furnish AGENCY all required bonds and certificate of liability insurance within ten (10) business days or the funds, check, draft, or BIDDERS bond substituted in lieu thereof accompanying this proposal shall become the property of the AGENCY and shall be considered as payment of damages due to the delay and other causes suffered by AGENCY because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered is difficult to ascertain; otherwise said fiords, check, drafts, or BIDDER'S bond substituted in lien thereof shall be returned to the rmdersigned. BIDDER understands that a. bid is required for the entire work, the estimated quantities set forth in the bid schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. The BIDDER also certifies that the bid is a balanced bid, In accordance with Section 7028.15 of the California Business and Professions Code, the undersigned certifies render penalty of penury that the foregoing is true and correct. Name Signa Title (If an all individual co- partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) Legal Name: Lehman Construction, Inc. President: Mark Lehman Secretary /Treasurer: Diana Lehman P -4 of P -17 23A -17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15.2647 MEMORY LANE - SANTA ANA RIVER PARK 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; LEHMAN CONSTRUCTION, INC. Business Address: P.O. Box 3569, Tustin, CA 92781 Business E -Mail Address; ml @lehmanconstruction.net Telephone: 714-8387577 State Contractor's License No. and Class: 239570 A and B License Expiration Date; 07/31/2017 State Dept. of Industrial Relations (DIR) Registration No.: State Dept. of Industrial Registration Expiration r Signed: Title; 1000010491 (DIR)/ 05/30/2016 P -5 ofP -1.7 23A -18 CITY OF SANTA ANA PROPOSAL PROJECT NO,; 15 -2647 MEMORY LANE - SANTA ANA RIVER PARK 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 park 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 execate 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, indernnify 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 Fh-m Signature of BP Title President (if an individual, so state) P -6 of P -17 23A -19 CITY OF SANTA ANA PROPOSAI, MEMO,: 1.5.2647 MEMORY LANE - SANTA ANA PJVER PARK OWNL;RSHIP AFFIDAVIT STATE OF CALIFORNIA COUNTY OF ORANGE )SS: CITY OF SANTA ANA ) ---- -- r�aC'Lc.�,elvnan ... �..�...._, being duly sworn, dept'i5es and says: [j INDIVIDUAL Tbat lie /sho is the party making the foregoing proposal: ❑ PARTNL'RSHIP That he/she is a member of the co- partnership thin designau;cl as; and who has been and Is duly ve01611tllthll authority to tnak'o and oxaoute h>strunrents for the co- partnership by; who constitute tine other members of the co- paruership. — CORPORATION That he is a% �.C.PSidcn9- nP i', t -mrunt rnntamann7�Tnnr TNP _ a cniloorntion which is rnriltng ehn frnogohng,ptvposal: [ JOINT VENTURE That he is of: one of tite patties nnalung 'the foregding proposal as ajoint Venture, and the he/she has been slid Is duly vested with the authority to Motile instt'umonts for an oil behalf of the Parties making said bill who aro: that such a bid is gelruilre and not collusive or shun, and bas not in any nranne,r sought by codusion to aeeurs�,any a4va at!age against: the City of Santa Aria, or any person interested in the proposed coNrntaat% For h4yff or any other person. t~ Signp nie of dder r Y` Subscribeciand sworn to before Inc this day of Fe ruary 2016 Signature of officer Administering Oath (Notary Public) P -7 of P -17 23A -20 CALIFORNIA JURAT (CALIFORNIA GOVERNMENT CODE § 8202) 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 ) Subscribed and sworn to (or affirmed) before me on this 23 by Mark Lehman day of February 12016 (Name of Signer�X)) satisfactory evidence to be the person who appeared before me. proved to me on the basis of � ,a AMANDA Y LEE 0011n,111111 112111111 Notary public - ORIIIcrnIR Orange Count' My Unmm. Expires Aug 16, 2016 Signature of Notary Public (Notary Seal) ADDITIONAL OPTIONAL INFORMATIO Description of Attached Document Title or Type of Document: Ownership Affidavit Document Date: Number of Pages: °'""' Signer(s) Other Than Named Above: —I— Additional Information: 23A -21 revision date 01/01/2015 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15-2647 MEMORY LANE - SANTA ANA RIVER PARK T3 JQ-a(Z D KNOW ALL PRESENT thal, RS - BIDDER, and ni of t (I G( F") Aletit or P y those THE CONDITIONS OF THIS OBL(G)ATION ARE SUCH that, whereas BIDDER is about to submit s, bid to ACiENCY for the above - stated Project, if said bid is rejected, or if said bid is accepted and a cantract is avottrdecl and entered' into by BIDDER in the mariner aild time specified, theii this obligation slisif be 11tl] 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 scsl this 1601 day of _-Lobimar), 2016 BIDDER* Sierra Alta Drive, Santa Ana,' CA 92705 714-838-0098 .Aillowly �- MIKCr, AUQI'116y-la4ft t 41856 Ivy St, Subscribcd and sworn to before me 12Q_, Signature: #204, Notary Public in and f'()r ibe (,','erulty of State of CA this day of PlovidC DIDDER/ SURETY winic, address, and telephone rainiber and the name, title, address, and uleplion ,. onLtrnlierol'atittiorizodrepregaiitativo, 11-8 of P-17 23A-22 �43j +fit a N, •1t f JI tI 901 5 N, Lindbergh r)r, I Peoria, 16 60615 Phone: (800)645- 2407..1 Fm: (109)UM016 Know All Men by These Presents: POWER OF ATTORNEY RLI Insurance Company Contractors Bonding and Insurance Company '['hat this Power of Attorney is not valid or in effect unless attached to the bond which it authot'izes executed, but may be detached by the approving officer if desired. 1 a this Power of Attorney may be effective and given to either or botli of RU Insurance Company and Contractors Bonding and Insurance Company, required for the applicable bond. That RLI Insurance Company and /or Contractors Bonding and Insurance Company, each Illinois corporations (as applicable), each authorized and licensed to do business in all states and the District of Columrbia do hereby make, constitute and appoint: John A Ruiz. Ti notliv C. Baker, Melody L Snaur. I {area A Eby jointly or ever in cue t.;rry or murrreta , tate of t;aaTDrnia , as Attorney in Ifaot, with :lull power and authority hereby conferred upon him/her to sign, execute, acknowledge and deliver for and oil Its behalf as Surely, in general, any and all heads, undcrtaidngs,'and rocognizances in an amount not to exceed Ten Million Dollars ( SIo,000,000 00 ) for ally single obligation. '�•�'� �� The acknowledgment and execution of such bond by tine said Attorney in Pact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. RLI Insurance Company and Contractors Bonding and Insurance Company, as applicable, have each 'further certified that the 'following is a true and exact copy of the R.osolution adopted by tile Board of Directors of each such corporation, and now in force, to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation shall be executed in the corporate name of the Corporation by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the 'Board of Directors may authorize, The President, any 'trice President, Secretary, any Assistant Secretory, or the Treasurer may appoint Attorneys in Pact. or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Corporation, The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation. The signature of any such officer and I.he corporate seal may be printed by facsimile or arbor electronic image.° IN YRTNESS WHEREOF, IiLI Insurance Company and /or Contractors ]lending and Insurance Company, as applicable, have caused these presents to be executed by its respective Vice President with its corporate seal affixed this t1d day of 1uiq, 2015. k�,aYMat.HA,,,,ML . 'J,4 e6' ryAt JA,y��Q94f �'l S' AL State of. Illinois ^.,..^ SS th.irvpc9.,c;. County of Peoria on this -�3 dam_ day of Jul, , 20J 5 , before me, a Notary Public, personally appoarccl who being by me duly sworn, achiowlodg'ed that he sigued the above Power of Aonrney as the aforesaid officer of the RLI Insurance Company and /or Coau'aet'ors Bonding and 'i'nsurance Company, and aolhmwted9od said inshumala to be the voluntary act and dead of said oorporadou. '01'FICIAt SEAL" JACI'IIICtININ M. BGC'.CER COMMIS010N 0XPIRES 01,14116 CERTIFICATE I, the undersigned officer of RLI Insurance Company, and /or Contraetors Bonding and Insurance Company, each Illinois corporations, do hereby certify that the snatched Power of Attorney is in toll force and affect and is irrevocable; and furthermore, that the Resolution of the Company as set froth in the Power of Attorney, is now in force• In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance C:nnapar y, and/of a rectors Yiquding and .Insurance Company this off �kiay of.. °�-' 71711 / RLI insurance Company Contractors on ing and Ins prance Company CCC/.�_ _ _.-- bartona W, Davis Wce T'rasi-_dent e4476640.20M 23A -23 AOfW 115 RLI Insurance Company @fe -_ osp, Cortrocto's ]Bonding and Insurance Company ey,y 47. r,/ SEAL4ge Barton PI• Davis Vice President .., st G Intl tiS'.ti on this -�3 dam_ day of Jul, , 20J 5 , before me, a Notary Public, personally appoarccl who being by me duly sworn, achiowlodg'ed that he sigued the above Power of Aonrney as the aforesaid officer of the RLI Insurance Company and /or Coau'aet'ors Bonding and 'i'nsurance Company, and aolhmwted9od said inshumala to be the voluntary act and dead of said oorporadou. '01'FICIAt SEAL" JACI'IIICtININ M. BGC'.CER COMMIS010N 0XPIRES 01,14116 CERTIFICATE I, the undersigned officer of RLI Insurance Company, and /or Contraetors Bonding and Insurance Company, each Illinois corporations, do hereby certify that the snatched Power of Attorney is in toll force and affect and is irrevocable; and furthermore, that the Resolution of the Company as set froth in the Power of Attorney, is now in force• In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance C:nnapar y, and/of a rectors Yiquding and .Insurance Company this off �kiay of.. °�-' 71711 / RLI insurance Company Contractors on ing and Ins prance Company CCC/.�_ _ _.-- bartona W, Davis Wce T'rasi-_dent e4476640.20M 23A -23 AOfW 115 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 -r, County of � r✓� j r` 6efi 7 �� Onf a ore me, _ personally appeared ._ d (� "lt,�y 'd e "�" G%t° LA who proved to me on the basis of satisfactory evidence to be the pel whose rieme ;�la subscribed to the within instrument and acknowledged to ale that �1&i s elt�y executed the same i 6�? 7/ rltb4ir authorized capacity( , and that by "�tw iNdr(10i signatul on the instrument the personl the entity upon behalf of which the person Ated, 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 in hand aid offic' T , � al, � oRI Pu,blla l C e oss9ln a¢r5 . .... dlaoa6aCnurtiy \a J . +21 : 9 - � o (Notary Public Seal) OPTIONAL INFORMATION 1NS] RUCTIONS OR COMPLETING TH[S FORM I hiv fsrnt aom lllel with cma nr (alljnrnia,vanuaa rogarilhyG rrntaty warAfn�+atvd, EATTAGHED D uMENT adud IJtrnddLt crntyelemdamtln archer 7tothednrmman6AtbmwlaagntenLe ;�T j / J7 f oqe ether staler r rr be cwvaldereef�n r.4aomr¢ ern being Isom m that stale so long 1 i 1Id sJ d� F 2 ,�Idw mardfordoes tent regrtne the Calbronla nulan,fo wnlatn C'ett(jonrYa nalary� document) (Tillaor descrlptlon of uitachad douurnent conllnued) �� Document CAPACITY CLAIMED BY THE SIGNER 0 Individual (a) ❑ Coruorala Officer [7 ParPner(s) 0 Attorney -in -Fact LI Trustee(s) a hate. and County information aulal be the State and County whoa, the demrmenf sigver(s) ptotvomrlly appetlrad Were tha notary public for aelenowladgrumuf. o Datn of nofnrizntiou must ba the date Thal'. Am sigtlur(s) personally uppamvd which must also be fire Sane date fha aeknowmelsIrl is eomploted. ® The amity public must print his or her name as a appears within his or Iter commission followed by n comma and then your tide (Salary Ipblic). n print I'he nann(s) of document signor(s) who par lly appear at the lime of notarization. ® Indicate the Q0JUCt singulmW or plural forms by crossing off incorrect fors (i.e. h�she /t4rey;- Isln+e) or rJtaliug the correct tPmnu. daaihue to correctly inrlicata This information may lead to ref ectian of doanment reoontill" o The nomry seal implesyloll crust be clear and photographically reproducible, 11nlpression must net cuver Iaxt or linos, If seal impression smudsos, ro -5ual if a suffidant urau pal III its, 011eewise com]Ile.re It difthronl acknowledgmanl form. Sr(plal III a of the hoary public paler nnter Ilia slgual ue all file with 1110 ofnae of thn rnunty clerk. Addidnual fnfbrtorl is nor required but could help to urrsure this ncknowledgmont is not miauaod ar adtached to it difforutt docamtont NAlclue olio nr q�pa a8aaanhed <lacumaat, unmoor of piuges and data ladtaaa, the Capacity chimed by the signer, If the clahacd Capacity is a corporate oUiuer, indicate the fills (i.a. C20, CK), .Seeretr). • Securely r!uohthisal,ocumoutto thesigneddorurnew with a staple 23A -24 CALIFORNIA JURAT (CALIFORNIA GOVERNMENT CODE § 8202) 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, accuracv, or validity of that document. STATE OF CALIFORNIA ) COUNTY OF Orange ) Subscribed and sworn to (or affirmed) before me on this 23 day of February 2016 by Mark Lehman proved to me on the basis of (Name of Signero) satisfactory evidence to be the person who appeared before me. FlMANDA Y LEE 00mmiselan yk 2878082 x y'E°an g NaPary Puwlc - Californla Orange OnInty d My Oomm, Expiree Aug 18, 2018 Signature c Notary Public (Notaryseal) ADDITIONAL OPTIONAL INFORMATION Description of Attached Document Title or Type of Document: Bib Bond Document Date:' Number of Pages: — Signer(s) Other Than Named Above: -- Additional Information: 23A -25 reV15100 date 01./01./2015 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15.2647 MEMORY LANE - SANTA ANA RIVER PART{ LIST OF SUB- CONTRACTORS Section 4100 et. seq. of the Public Contract Code requires listing of all subcontractors with the bid for all subcontract work exceeding the following amount: • Streets, highways including bridge projects: ' /z% of the bid or $10,000, whichever is greater • Buildings, parks, or other projects: V2% of the bid . Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIR). BIDDER proposes to subcontract certain portions of the work to the firms listed below: Name Torrent Resources Inc. License # /Exp. 886759 / 11 -30 -16 DIR'Rcg.# /Exp. 1000024894 / 6/30/16 Location Phoenix, AZ Phone 602- 268 -0785 Type Of Work Dry We11s Amount $ 45, 300.00 Name Econo Fence Inc. License #/Exp. 337734 / 9- 30 - -17 DIRReg.# /Exp. 1000001395 / 6 -3o -16 Location Riverside, CA Phone 951- 685 -5000 Type Of Work Fencing&& Horse Tie Posts Amount$ 16,065.00 Name Great Western Park & Playground IrcName Janes LaSL Electrical Inc. License #/Exp. 862186 / 8 -31 -17 License # /Exp. 863933 / 9 -30 -17 DIR Reg. #/Exp, 1000002714 / 6- 30 -16 DIR Reg. # /Exp. 1000030102 / 6 -30 -16 License # 862186 License # ' 863933 Location Wellsville, UT Location Eastvale, CA Phone 800- 453 -2735 Phone 949- 378 -9232 Type Of Work Plaareund & Playgrou r Type Of Work Electrical Amount 17.9,157.77 �crxaee -- Amount$ 21,850.00 Nance License # /Exp. DIR Reg. # /Exp. License # Location Phone Type Of Work Amount $ Si a ire /of r M k Lehman, PresideEHMAONSTRUCTION, INC. Name License #/Exp. DIR Reg. #/Exp. License # _ Location Phone Type Of Worlc Amount $ P -9 of P -17 23A -26 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15 -2647 MEMORY LANE - SANTA ANA RIVER PARK REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER has performed similar work within the past three years. 1. City of Laguna Hills, 24035 El Toro Rd., Laguna Hills, CA 92653 Name and Address of Owner, Kenneth Rosenfield, 949- 707 -2650 Name and Telephone Number of person familiar with project, 798,913.00 Softball Field Improvements Dec 2015 Contract Amount Type of Work Date Completed 2. City of Santa Ana, 20 Civic Center Plaza, M -21, Santa Ana, CA 92701 Name and Address of owner. Suzi Furjanic 714 -571 -4241 wr........ --9 m ..,.._w.._,.ar....- t.._,.c___.. _.. c,._. :r:_..._.: 418.,933.00 Santa Ana Zoo Ocelot Exhibit Nov 2014 Contract Amount Type of Work Date Completed 3. City of Lake Forest, 25550 Commercentre Dr.., Lake Forest, CA 92630 Naive and Address of owner. Douglas Erdman 949 -282 -5233 Name and Telephone Number of person familiar with project. 2,432,631.00 Rimgate Park and Tamarisk May 2019 cUcments._- 'Contract Amount Type, of Work Dale Completed The following are the names, addresses, and telephone numbers of all brokers and sweties from whom BIDDER. intends to procure insurance and bonds. GL Ins: Colony Ins. Co. / Surety: RLI Insurance Co. GL Ins and Bonds Agent: Diamond Valley Ins. Services, Inc. 41856 Ivy St., Suite 204 Murrieta, CA 92562 951- 553 -7400 Workers Comp Ans.: Benchmark Ins. Co. -- Agent: Goodman Ins. 101 Pacifica, Suite 150 949- 769 -3102 Irvine,, CA 9261.8 , Auto Ins: State Farm Ins. - Agent: .Victoria Pore, 28991 Golden Lantern, 949• - 363 -2770 Suite '0105, Laguna Nigue_l,CA 92677 P -10 ol'P -17 23A -27 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15 -2647 MEMORY LANE - SANTA ANA RIVER PARK ADDITIONAL REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER or Subcontractor has performed street improvement work in the past 5 years. 1. City of Lake Forest, 25550 Commercentre Dr., Lake Forest, CA 92630 Name and Address of Owner. Douglas Erdman 949- 282 -5233 Name and Telephone Number of person familiar with project. 2,432,631.00 Rimgate Park and Tamarisk May 2014 Contract Amount ParK IMTWFM71C Date Completed 2, City of Santa Ana, 20 Civic Center Plaza, M -22, Santa Ana, CA 92701 3. Name and Address of owner. Tyrone Chesanelc 714 - 615 -0887 Name and Telephone Number of person familiar with project. 2,800,000.00 Jerome Center Renovation May 2010 T Contract Amount Type of Work Date Completed Name and Address of owner. -Natne and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed The following are the names, adchesses, and telephone numbers of all brokers and sureties Irom whom BIDDER intends to procure insurance and bonds. GL 'Ins.: Colony Ins. Co. / Surety: RLI Insurance Co. GL Ins. and Bonds Agent: Diamond Valley, Ins. Servi&es, Inc. 41856 Ivy St., Suite 204 Murrieta, CA 92562 951- 553 -7400 Workers Comp Ins.: Benchmark Ins. Co. Workers Comp Agent: Goodman Ins. 101 Pacifica, Suite 150 Irvine, CA 92618 Auto Ins.: State Farm Ins.. Auto Ins. Agent: Victoria Pore 28991 Golden Lantern, Suite D105 Laguna Niguel, CA 92677 949 - 363 -2770 P -11 ofP -17 23A -28 CITY OF SANTA ANA PROPOSAL PROJECT NO,: 15 -2647 MEMORY LANE -,SANTA ANA RIVER PARK 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 BID'DE'R 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 agroemen.t, 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 too 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 Oil the signature portion thereof shall also constitute signature of this Nan - collusion Affidavit. BIDDERS,tdhe cautioned that making a false certification may subject the certi.£ita, to Grimy pyoscout;ion. Signed State of California County of ORANGC,_ Subscribed and sworn to (or affirmed) before me on this _ clay of r eb ___, 20_1§ by proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me /"7 4ai �N Public Signature Notary Public Seal i'1iltF3ilitl,Y WTARY MT N, P -12 of P-17 23A -29 CALIFORNIA JURAT (CALIFORNIA GOVERNMENT CODE § 8202) 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, accuracv, or validity of that document. STATE OF CALIFORNIA ) COUNTY OF Orange ) Subscribed and sworn to (or affirmed) before me on this 23 by Mark Lehman day of February 2016 , proved to me on the basis of (Name of Signer satisfactory evidence to be the person(/ who appeared before me. AMANDA Y LEE Commission S 2078002 Notary Pulflle - California z ° Orange County M CComw m.EExpIres Au 18, 2018 Signature of Notary Public (Notary Sea]) ADDITIONAL OPTIONAL INFORMATION Description of Attached Document Title or Type of Document: Non - Collusion Affidavit Document Date: Number of Pages: — Signer(s) Other Than Named Above: Additional Information: 23A -30 revision date 01/01/2015 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15 -2647 MEMORY LANE - SANTA ANA RIVER PARK NON - DISCRIMINATION CERTIFICATE The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: I. The Contractor shall not discriminate against any employee or applicant for employment because of race, rotor, 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, rotor, 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 cormnitxnents 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 fiunish 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 maybe declared ineligible for further Goverrunent contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September, 24, 1965, and such other sanctions may be imposed and remedies involved as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of labor, or as otherwise provided by law. P -13 of P -17 23A -31 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15 -2647 MEMORY LANE - SANTA ANA RIVER PARK The Contractor shall include the portion of the sentence innnediately 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 states, or sex of yj persons, except as provided in Section 1420, and any contractor of public work violatins Section is subject to all the penalties imposed for a violation of the Chanter, / Signed: Title: Finn: LNHMAN CONSTRUCTION, INC. Pate: 2 -23 -16 P -14 of P -17 23A -32 CITY OP SANTA ANA PROPOSAL PROJECT NO„ 15 -2647 MEMORY LANE - SANTA ANA RIVER PARK 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 clays 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. 1 Employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards. 3. Contribute to the fund or funds in each craft or trade in which he /she employs journeymen or apprentices on the public work, in the same amount or upon the same basis and in the same manner as the other contractors, exce t o tractors not signatory to the trust agreement shall pay a like amount tVe iforn4-7-r ticeship Council. Signed: ' Title: Presiders Firm: LEHMAN CONSTRUCTION, INC. Date: 2 -23 -16 P -15 of P -17 23A -33 CITE.' OF SANTA ANA PROPOSAL PROJECT NO,: 15 -2647 MEMORY LANE - SANTA ANA RIVER PARK 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 (IS USC 74) as supplemented, in the Department of Labor regulations (29 CPR, Part 3). This act provides that each contractor or subcontractor shall be pro bited from inducing, by any means, any person employed in the construction gr repair of pub a work, to give up any part of the compensation to which he /she is otherw se e tied. // Signed: Title: President Firm: LEHMAN CONSTRUCTION, INC.. Date; 2 -23 -16 P -16 of P -17 23A -34 CITY OF SANTA ANA PROPOSAL PROJECT NO.; 15 -2647 MEMORY LANE - SANTA ANA RIVER PARK PUBLIC CONTRACT CODE SECTION 10162 OUESTIONNA:IRE 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, over 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 X If the answer is yes, explain the circumstances in the following space. P -17 of P -17 23A -35 MAYOR Miguel A, Pulido MAYOR PRO TEM Claudia C, Alvarez COUNCILMEMBERS David Berevides Carlos Bustsmante Mlahele Martlnez Vincent F. Sarmlonto Sal Tinajero February 19, 2016 ADDENDUM No. ONE �i rg c CITY OF SANTA ANA PUBLIC WORKS AGENCY M -36 P,Q. Box 1988 Santa Ana, Callfornla 92702 SUBJECT: PROJECT No. 15 -2647: Memory Lane Santa Ana River Park INTERIM CITY MANAGER Paul M. Walters CITY ATTORNEY 9onla CarvRlho CLERK OF THE COUNCIL, Merle D, Hulzar The following changes have been made to the plans and specifications of the subject project: Plans 1, Replace sheets GR -1 (4 of 28), UT -1 (5 of 28), LC -1 (8 of 28), LI.1 (23 of 28) and LP -1 (27 of 28) with the attached sheets GR -1 (4 of 28), UT -1 (5 of 28), LC -1 (8 of 28), LI -1 (23 of 28) and LP -1 (27 of 28). Specifications 1. Replace sheets P -1, P -2 and P -3 (of P -17) with the attached sheets P -1, P -2 and P -3 (of P -1'7). 2. Page 21, Section 7 -8.6.2 Best Management Practices (BMPs): revise paragraph 1, to read as follows: "Contractor shall provide erosion and sediment control per plan included in the Conti-act Documents. If Contract wants to implement an alternative plan, Contract shall prepare erosion and sediment control plans immediately after the award of the contract, for approval by the Engineer. The plan shall be prepared per the applicable guidelines described in the California Storm Water Best Management Practices Handbook. The Contractor shall submit the plans for review and shall make the necessary revisions to the plans as directed by the Engineer. The plans shall be prepared by a licensed Civil Engineer. The AGENCY may waive the requirement of licensed Civil Engineer if the Contractor can satisfactorily prove to the Engineer that the person preparing the erosion control plan is qualified in the field of erosion control. " 3. Page 61, Section 3.02.19.C,3 PLANTING OPERATIONS, Trees and Shrubs, Root Control Barrier: add third paragraph as follows: "For park locations, root control barrier shall be 18 -inch wide minimum by 0.06 -inch thick high impact polystyrene sheeting, manufactured for root barrier purposes, Sheeting shall have root deflector ribbing and pre - molded Joiner strips of the same material, and shall be utilized wherever tree occurs within 6' -0" of hardscaped areas." 23A -36 August 9, 2013 ADDENDUM No. ONE PROJECT No. 10 -7557 Page 2 4. Appendix A, Definition of Bid Items, Page 1, Bid Item No. 1 - Mobilization: revise section to read as follows: "Payment for "Mobilization, " will be made on a [Limp sum (L. S.) basis, as specified in the. Bidder's Proposal, which shall include all costs for furnishing all labor, profit, taxes, fees, incidentals, materials, equipment and permits /authorization for use of a construction staging area(s), erosion control, signage and equipment, construction. fencing, provide temporary utilities including but not limited to power and construction water and implement, and perform all the work involved and required perform the work per plan and specification." 5. Appendix A, Definition of Bid Items, Page 2, Bid Item No. 4 - Drainage and Domestic Water: revise section to read as follows: "Payment for "Drainage and Domestic Water "will be made on a lump (L. S.) basis, as specified in the Bidder's Proposal, which shall include all costs for furnishing all labor, profit, taxes, materials, tools, equipment, and incidentals, and performing ail the work involved and required to place, furnish and install fiber roll, furnishing and install gravel bag, construction entrances, traffic control cost, storm drain inlet protection, trench /excavate /shore, place bedding, furnish equipment and backfill /compact trenching, furnish and Install all pipe to connect to catch basins and area drains including play area and Maxwell deep well systems, furnish and install two 1 "hot tap service lines within Memory Lane, (2) 1 "meters pressure reducerbackfldw assembly (backflow for Irrigation meter to be included in irrigation bid item), furnish and install ali PVC schodule,80 pipe and fitting, concrete thrust blocks, backfill, compact sterilize and disinfect pipe and complete hydrostatic test and provide utility connections in accordance with the plans, details and specifications." 6. Appendix A, Definition of Bid Items, Page 2, Bid Item No. 6 - Lighting Fixtures and Footings: add the following sentence to the section: "This item does not include fixtures for picnic shelter." 7. Appendix A, Definition of Bid Items, Page 2, Bid Item No. 7 — Electrical Services, Controls, Trenching and Conduit: add the following sentences to the section: °This item does not Include electrical service for picnic shelter." 8. Appendix A, Definition of Bid Items, Page 3: add Bid Item No. 7a — Electrical Service Connection to SCE Point of Connection: add the following section: Bid Item No. 7a- Electrical Service Connection to SCE Point of Connection: Payment for "Electrical Service Connection to SCE Point of Connection" will be made on a linear foot (L.F.) basis, as specified in the Bidder's Proposal, which include all costs for furnishing all labor, profit, taxes, materials, tools, equipment, and incidentals, required and performing ali work involved and required to provide trenching, provision 23A -37 August 9, 2013 ADDENDUM No. ONE PROJECT No, 10.7557 Page 3 and Installation of all necessary electrical conduit end wiring for electrical system In accordance with the plans, details and specifications. R Appendix A, Definition of Bid Items, Page.5; Bid Item No. 19 - Planting: amend the paragraph to read as follows; "..,.,....and perform 60- calendar day maintenance In accordance with the plans, details, specifications and City of Santa Ana Standards." 10. Appendix A, Definition of Bid Items, Page 5; Bid Item No. 20 - Irrigation: amend the paragraph to read as follows: ....and perform 60- calendar day maintenance In accordance with the plans, details, specifications and City of Santa Ana Standards," 11. Appendix A, Definition of Bid Items, Page 6, Additive Alternate Bid Item No, 4 - Picnic Shelter: add the following sentences to the section: "This item does shall include electrical service and lighting fixtures for picnic shelter." 12. Appendix A, Definition of Bid Items, Page 6, Additive Alternate Bid Item No. 5 - County Improvements: revise section to read as follows: "Payment for'Addltive Alternate 5" will be made on a Lump sum (L.S.) basis, as specified in the Bidder's Proposal, but shall be based on related bid unit prices and shall include all costs for furnishing all labor, profit, taxes, materials, tools, equipment, and incidentals required, County Permit costs, remoblllzation as occurs, and performing all work Involved and required to furnish and Install, irrigation, planting and rock cobble Improvements that occur outside the city property and within County property in accordance with the plans, details and specifications." All other terms and conditions remain the same. POR THE CITY gF- �AN ANA William E. Galvez City Engineer Public Works Agency 23A -38 23A -39 COST ANALYSIS PROJECT NO. 15 -2647: MEMORY LANE - SANTA ANA RIVER PARK Construction Contract $ 859,172.00 Contract Administration $ 58,300.00 Inspection and Testing $ 70,511.00 Survey $ 0.00 Contingencies $ 85,917.00 TOTAL ESTIMATED CONSTRUCTION COSTS $1,073,900.00 EXHIBIT 4 23A -40