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LEHMAN CONSTRUCTION, INC. (3)
Recording Requested By, And When Recorded Mail To: Clerk of the Council,City of Santa Ana Recorded in Official Records, Orange County 20 Civic Center Plaza,P.O.Box 1988 Hu III yjç III ll IIII II ill I Clerk-Recorder Santa Ana,CA 92702 ill I II ill NO FEE * $ R 0 0 0 8 4 9 4 0 7 5 $ 2016000299891 3:54 pm 06130116 48 413 1112 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 NOTICE OF COMPLETION / NOTICE IS HEREBY GIVEN that the undersigned City of Santa Ana, California, a municipal corporation, with the address of City Hall, 20 Civic Center Plaza, Santa Ana, �� / California, 92701, is the owner of the property hereinafter described, that said owner has caused construction of MEMORY LANE / SANTA ANA RIVER PARK under contract entered into on MARCH 15, 2016, with LEHMAN CONSTRUCTION, INC., on which contract ix x RLI INSURANCE COMPANY is surety. The property on which such work improvement was wo placed is in the City of Santa Ana, County of Orange, State of California, and described as o z Project No.15-2647 located at: MEMORY LANE. The work improvement on said property was aaccepted as completed on JUNE 30, 2016. oGE CITY<Ca A ANA,A MUNICIPAL CORPORATION Dated: 6 7©.1 f' Pr' cipal Civil Engineer-Tyrone Chesanek 70, q g TITLE a VERIFICATION I, the undersigned, say: I am the City Engineer - Edwin "William" Galves of the City of Santa Ana, California; I executed the foregoing Notice of Completion acting on behalf of the owner of the property therein described; I make this verification on behalf of said corporation by authorization of the City Council of the City of Santa Ana; I have read said notice and know the contents thereof; and I declare under penalty of perjury that the facts therein stated are true. Executed onL A (31 2.G' L a , at Santa Ma, California me. (Signature of indivi f ual sweating 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: 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 ❑ Ordinance on Vt Reading ❑ Ordinance on god 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: 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. 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. 1'�]dtyl..b(-- �5yFred Mousavipour Executive Director Public Works Agency &Y - 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: f, Francisco Gutierrez Executive Director Finance & Management Services Agency LGAEnALANE EARGELLA LANE .AN LANE sREBoNAao SANTA ANA CITY AOIE6 uMARCH PUBLIC WORKS AGENCY 15, EXHIBIT 1 PROJECT 15-2467 MEMORY LANE/ SANTA ANA PARK a W W w J cc PAGE 1 OF 3 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15.2647 MEMORY LANE - SANTA ANA RIVER PARI,, 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: BASE BID Item Description Qty Unit Unit Price Amount I 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 T20,16.00 5 Dry Wells (2 total) 1 LS ---. 55,650.00 6 Light Fixtures and Footings I LS ---- $ 68,800.00 7 T _ Electrical Service, Controls, Trenching and Conduit I LS 2A,893.00 7a Electrical Service Connection to SCE Point of Cormoction 300 LF $18.00 $ 5,400.00 8 Concrete Work 1 LS ---- $ 20,580.00 9 Permeable Concrete Pavers 2,424 SF $ 8.00 $ 19,392.00 10 Pilasters I LS $ 21,468..00 11 4•'-0" Wooden Bridge 3 EA $ . L,713..00 5,1.39.00 11 8'-0" Wooden Bridge 1 EA $ 2,962.00 $ 2,962.00 Exhibit 2 P-1 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15-2647 MEMORY LANE - SANTA ANA RIVER PARK $ 526,056.00 Total Bid Price in.Nunbers 'FIVE RWDRED TWENTY-SIX THOUSAND FIFTY-STX DOLLARS Total Bid Price in Written Form In oase of discrepancy betweeh 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, item 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 resolves the right to increase or decrease the quantity of this item accordingly. r This bid item is considered a Specialty Item per Section 2-3.2 of the Standard Speoiiications, P-2 of P-17 The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within six (60) Working dwe after the to PrOeeed. commencement date stated in the Notioe The liquidated damages amount, in lieu of the amount specified in Subsection 6.9 of tho Standard Specifications, shall be $2,550 per calendar duv. NameofFirm LEHMAN CONSTRUCTIO'J. ATr Signature ofT31DDER yj an Title President all in individual, so state, If a f rm or co -pa trrership, state the firm name and give the names of a1] individual co-partners composing the fnm, If a corporation, state legal name of coma es of and side of President, Secretary, Treasurer and Manager, thereof,) President: Mark Lehman Secretary/Treasurer: Diana Lehman Legal Name; Lehman Construction, Inc, P-3 Of P-1.7 CITY OF SANTA ANA PROPOSAL PRO IECT NO,: MEMORY LANE SANTA 15-2647 - ANA RIVER PARI{ ADDITIVE ALTERNATES Item Description Qty Unit Unit price A.monart Al AdditiveAlternate#I –Play 1 Equipment & Rubber Surfacing LS - $ A2 Additive Altanxate 42 – Fitness148,200.0 l — Equipment LS $ . A3 Additive Alternate #3 –Site 575 , 00 1 Amenities LS92, $ A4 Additive Alternate #4 – Picnic68, 550.00 Shelter 1 $ A5 Additive Alternate #5 – County 1LS 30, 556.00 Improvements $ A6 Additive Alternate #6 – Steel t 59, 367.00 ' Trellis LS ____ $ 43,235.00 The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within six (60) Working dwe after the to PrOeeed. commencement date stated in the Notioe The liquidated damages amount, in lieu of the amount specified in Subsection 6.9 of tho Standard Specifications, shall be $2,550 per calendar duv. NameofFirm LEHMAN CONSTRUCTIO'J. ATr Signature ofT31DDER yj an Title President all in individual, so state, If a f rm or co -pa trrership, state the firm name and give the names of a1] individual co-partners composing the fnm, If a corporation, state legal name of coma es of and side of President, Secretary, Treasurer and Manager, thereof,) President: Mark Lehman Secretary/Treasurer: Diana Lehman Legal Name; Lehman Construction, Inc, P-3 Of P-1.7 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 workmanlike 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 • 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 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 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 aril incorporated herein as Exhibit "A". The BID PROPOSAL., contains a schedule of unit price(s) or lump sum(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 amotmt of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable. Exhibit 3 1 of 3 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. 5. 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. 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 Hwadred 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 $1,000, whichever is greater (Warranty Bond). 7. CONTRACTOR shall, upon project completion as a condition of project acceptance, furnish a Warranty Payment and Performance bond to be approved by the CITY, in the amount of Twenty-five Percent (25%) of the Contract price, to warrant the work done alder said Contract Agreement against material or quality defects for a period of one year after acceptance by the AGENCY. s. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY. 2of3 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO. I5-2647 MEMORY LANE/SANTA ANA RIVER PARK IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City A(t�torneey BYTt1 J e Sandoval Chief Assistant City Attorney 3 of 3 CITY OF SANTA ANA: DAVID CAVAZOS City Manager RECOMMENDED FOR APPROVAL: Fred Mousavipour Executive Director, Public Works Agency CONTRACTOR: Lehman Construction, Inc., By:_ Title: CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15-2647 MEMORY LANE - SANTA ANA RIVER PARI{ BID PROPOSAL TO; CITY COUNCIL OF THE CITY OF SANTA ANA FROM: LEHMAN CONSTRUCTION, INC. REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the emit price(s) or lump sum(s) set forth in the following schedule: BA5E BID Item Description Qty Unit Unit Price Amount 1 Mobilization I LS ---- `$' 93,420.00 2 Demolition 1 LS $ 4,463.00 3 Grading 614 CX $1.2.00 $ 7,368.00 4 Drainage an:total) estic Water 1 TS $ 20, 256 AO ,5 Dry Wells ( 1 LS 55,650.00 6 Light Fixtures and Footings 1 LS $ 68,800.00 7 EIectrical Service, Controls, Trenching and Conduit 1 LS $ 24,893.00 7aElectrical Service Connection to SCE Point of Connection 300 LE _--_ $18.00 $ 5,400.00 8 Concrete Work 1 LS $ 20,580.00 9 Permeable Concrete Pavers 2,424SF $ 8.00 $ 19,392.00 10 Pilasters 1 LS 21,468.00 11 4'-0" Wooden Bridge 3 EA 1,713.:00 $ 5,139.00 11 8'-0" Wooden Bridge 1 EA _$2,962-00 $ 2,962.00 P-1 of P-17 O'ITY OF SANTA ANA PROPOSAL PROJECT NO.: 15-2647 MEMORY LANE - SANTA ANA RIVER PARK $ 526,056.00 Total Bid Price in Numbers ME HUNDRED TWENTY-SIX THOUSAND H'IFTY—SIX DOLLARS Total Bid Price in Written Form In cast of discrepancy between the written price card 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 bice itoni 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 Speoifcations P-2 of P-17 CTTX OF SANTA ANA PROPOSAL PROJECT NO.: 15-2647 MEMORY LANE - SANTA ANA RIVER PARI, ADDITIVE ALTERNATES Item Description Qty Unit Uuitl'rlee AI Additive Alternate #I —Play 1 LS Equipment & Rubber' Surfacing A2 Additive Alternate #2—Fitness 1 LS Equipment A3 Additive Alternate #3 — Site I LS Amenities A4 Additive Alternate #4 — Picnic 1 LS Shelter ---" A5 Additive Alternate #5 — County 1 Improvements LS A6 Additive Alternate #6 — Steel LS Trellis 1 Amount 148,200.0 42,575.00 68,550.00 30,556.00 59,367.00 43,235.00. The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within sixty (60) working days after the commencement date stated in the Notice to liaroceed. The liquidated damages amount, itr lieu of the amount specified in Subsection 6-9 of the Standard Spooifcations, shall be $2,550 per calendar da NamoofFirm LEHMAN CONSTRU TTrA �Tn7' Signature of BIDDERZ� Ma Lq.1�an Title P—rtdP .t (If an individual, so state. IF a firm or CO -partnership, state thrill e and give the names of e fi all individual co-partners composing the ftnn. If a corporation, state legal name of corporation, and names of President, Secretaryr Treasurer acid Manager, thereof,) President: Mark Lehman Secretary/Treasurer: Diana Lehman Legal! Name: Lehman Construction, Inc. P-3 ofP-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15-2647 MEMORY LANE - SANTA ANA RIVER PARIC 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 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 lis/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 (Io) 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 runderstands that a bid is required for the entire work, the estimated quantities set forth in the bid schedule are solely for the purpose of cmnparing 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 Wunder penalty of perjury 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 cf P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15-2647 MEMORY LANE - SANTA ANA RIVER PARD. 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: mlKehmanconstruct ion. net Telephone: 714-838-7577 State Contractor's License No, and Class: 239570 A and B License Expiration Date; 07/31/2017 State Dept. of Industrial Relations (DTR) Registration No.: 1000010491 State Dept. of Industrial Relations (DIR) 06/30/2016 Registration Expiration Date Signed; Title; P-5 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO,: 15-2647 MEMORY LANE - SANTA ANA RIVER PARI( 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 I6,000, 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 par[ 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 fally 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 connmencemom 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 Firm Signature of 13I1 Title President - - (if an individual, so state) P-6 of P-17 CITY OF SANTA, ANA PROPOS I, PROJECT NO. 15-2647 MEMORY LANE - SANTA ANA RIVER PARK OWNL RS111P AFPIDAFFIDAVIT STA'L'E OF, CALIFORNIA ) COUNTY OF ORANGE I SS: CITY OF SANTA ANA —___�.,Y.I�S,e1vnan .... ��...._. being duly sworl4 deposes and says: []INDIVIDUAL That he/she is the plrty making tote foregoing proposal: ❑ PARTNERSnIP That he/ehc is n member of the co-parmorship flan dosignated as: and who has been and is duly vested with 1110 authority to make and exeourc instruments for the oo-parhaership by: who constitute the arbor members of the co'partuorsflip. CORPORATION That he is of: —�'.^zLdGnt nF T �'r-1MAN ('nnrcmnr,nrt7nC\i '1(�{' __ Et corporation which is making the foregoing propostil: [�] JOINT VENTURE "Chat he is of: one of the parties Making Ile fnegoiug proposal as a,MinI venture, and the he/she has been and Is drily vestod with the auhnorfty to execute instruments for nn on behalf of the parties making said bid who aro: that sueh a bid 1s genuine and not collusive or sh.aun, and has not in any manner sought by collusion to secure/'any 04"I (tge against: the City of Santa. Ana or any person inetes'ted in the propoaed eonp;aoq for.in' I s or any other person, Sign Tlieof�idder f , Subsoribeti and sworn to before Jac this ._____ day of Fe1�r, uar — 2016 gnature of officer Administal•ing Oath (Notary Public) P-7 ofP-17 `vii:f Al`s�Jxlfi :A�. AfAL1l/��A.1 f�M1f 1'nUJ1Rll(P`uk r•1101 R11 Wt)l[ INg 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 day of February , 2016 by Mark Lehman proved to me on the basis of (Name of Signer�e)) satisfactory evidence to be the persohy who appeared before me. AMANDA Y. LEE N o Notary Pubin y- 2076062 z ;' eEe No4ary public - California � Q� orange County �'�''' My Gomm. Ex lm Aug 16, 2010 —n;74 Slgnature ofNotary Public . (Notary Seal) DITIONAL OPTIONAL INFORMATION Description of Attached Document Title or Type of Document: Ownership Affidavit Document Date: Number of Pages: Signer(s) Other Than Named Above: Additional Information: revisiUn date 07,/01/2015 CITY OF SANTA ANS. PROPOSAL PRO,IEC'r NO.: 15.264.7 IvILMORY:L.A.N.E - SANTA ANA RIVER PARK DMI—Q„Nn KNOW ALL PRESENT that,, :?:sk a on Cn cte 11wt�ius� as BIDDER, and itLlInxnG— "ceCon a:aaY _ _ a$ SURETY, sve held and larualy bound unto the. CITY OF SANTA AIA, as AGENCY, in the Donal sung of Ten Percept Amount nfF3irt I)nhars( t°� ), which is tell pomol�a of, the total aruount bid by BIDDER, to AGENCY for the abovo-stated project, for the payment of Which slake, .BIDDER and SURETY alreo to be botutd, jointly and sevokal'ly, Firmly by these presents, THY CONDITIONS OF THIS ()RLIGATIO.N ARE SUCLI that, Whereas :BIDDER is about to sut7antit to bid to AGENCY for the above -stated ptgject, if said bid is rejected, 01.if said 'bid is accepted and a contsaat is awarded and entot'ed into by BIDDER in the manner and tine Vec°ided, then this obligation shall be null and void, otherwise it shall remain ill fkdl force and effect in favor of AGENCY. IN WITNESS WHEREOF the parties homto have set their ttantes, titles, hands, and seal this 16th day of F'ehavnw .. 20.ifi BIDDER* Sierra Alta Drive, Santa Ana, CA 92705 719-838-0098 RLiHInsua°nnceCarr�nnY Pb Rr�x �gCa7�,_ynr,,,, a-a�iS, lilb]23952..'sng_agv_irinn_..__m_____ 204 urrietar Tlnraklry (:. I3nker,,Lktraraaey to L'aas± 91856 Tvy St. , #'1.09, klutz°lata, CA Subscribed and sworn to bc.io•e me —_ 92582Nri day of Sipnatnre: Notaiy:Publicinand.fortile, C'rnzntyof _ tateoE Provide BIDDER/ SURFJ'y mmlio, address, and telephone nttnrtbrr and the ,mettle, title, address, and teletlhone number of authorized representative. P-8 off' -17 9025 N, Undbolit, Pr. I Puuria, IL 61615 Plow: (8o0)e45-24021 Pax:(3o))689-203ti Know All Men by These Presents: POWER OF ATTORNEY RLI Insurance Company Contractors Bonding and Insurance Company Thst this Power of Attorney Is not valid or in effect unless attached to t'hc bond which it authorizes executed, but may be detached by the approving officer iEdesired. That this Power of Attorney may be effective and given to either or both of RLI Insurance Company and Contractors Bonding and Insurance Company, required for the applicable bond. That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each Illinois corporations (as applicable), each authorized slid licensed to do business in all, states and the District of Columbia do hereby make, constitute and appoint: John A RtiizTimothy C Baker Melody L Sg• Karen A Bbv iaindv orkovarul y„_,,,_,_,_ in. Tile ;,"�rty or e ,Mate or AAh Ut 4 , as Attorney in Fact, with :full power and authority herchy conferred upon hint/lrar to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and nil bonds, 'undertakings,,and recog'nizinces in an amount not to exceed _ Ten Million - :Dollars ( SIO.000,OOOAO ) for any single obligation. "' The acknowledgment and execution of such bond by the said Attorney in Tact sball 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 111surarree Company" as applicable, have each 'farther certified that the following is a ante and exact copy of the Resolution adopted by the Board of Directors of each. such corporation, and now in force, to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation shall be executed in the corporate name of the Corporation by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other, officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact at, 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. Tire signature of any such officer and the corporate seal may be printed by facsintile or other electronic image." LLS WITNESS WFTERBOF, ILLILmsurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused'tlteso presents to be executed by its respective Yice.p cial&nt with its corporate seal affixed [his ?nd day of July, 29lj„ Na nHaa, sial 'RLI: Insurance Company Contractors Bonding andInsurarnzi Company pG:°&{rl PJAA, 9q IYeB#I RqP n ,,w�� li" O J I\ State ofldli,nols f> `f'` s� list ten W, Davis Vice President �,� .• rt 41rvp1 „ 2ttlPl (75b Cou'n'ty of Peoria 0147Cls-0020292 A0059I15 CICRT3FICATPu Oil this 2nd day of' fl�f �, 2015 , 1, the taidersigned officer of RUln5uranee Company, a'n(hor before Ice, a Nnnuy Public, personally alrpoarud _ Bau'ton W..I_,...., Contractors Bonding and insurance Company, each Illinois who being' by me duly sworn, aeknowlodged that he signed the above boyar corporations, do hereby certify that the anachod Power of Attorney is of Attonrey as the aforesaid officer of rho RLI Insurance Company and/or in Nil 'force and e'lTect and is irrevocable; and Snthermora, that the Contractors Bonding and Insurance Company, and aololowledged said Resolution of die Company as act forth in the Power of Attorney, is instUnlent to be the voluntary act and decd orsaid corporation. now in Puree, In testimony wlheroof,'I havu herenato set try hand and tho seal of the RLI Insurance Compal kind/or C,, I ract'on insurance Cu npany this may of. ^•_�W�,�, BIsland 4 "` L 1 ✓ �per",, RLI Insurance C:et7lpaYly Jacqu Booklet Notary Politic czs.cr'nzazsazxasssxczz�cruxrx - Contractor an ung and Ins unince Company `�. «FFICIAI SPAL" 'Vice %utonW Davis President .IACQU4 LINK! M. ROC I KIEIR +1'+vutl COMMI5pI0N FXPIflG5 Ull14tle 0147Cls-0020292 A0059I15 CALIFORNIA M MJ. i.`s A notary public or other officer completing this certificate verifies only the Identity of the individual who sinned the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of _ On fore l 'r ''"'(r ,�'�G�'1.�-`� before one, _ personally appeared who proved to me on the basis of satisfactory evidelloe to be the person,(o whose name�sf�%r subscribed to the within instrument and acknowledged to me that e,'qg S e/tl-�y executed the same In6is%�, /t�ir authorized capacity(W, and that by �`R4)hdr/tndr signature(;sJ on the Instrurnent the person(,,%,Y or the entity upon behalf of which the perso#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�j hand apid offio"dal,�} � catwK �rIg�s�x� rte.. ° - Na9ssry Public • GwlEfa¢rtfa � f•'�„� ft '"'� I i RlvvrxideGuuniy f h,�tm��n„,nlr ,U Jul 9.141 (Notary Publio Seal) ADDITIONALOPTIONALINFORMATION [N TRIJC"f ONS OR COMPLET TM5 THIS FORM Int torn” cam/dist o h ciao nr C al jrnmia emboles rogaraline noiaq rsonlmg and, )PSCRJPTIO )OPT FAfTACHED DqIJMI IJnnedee4 Oroultibe .p/eledn lannrhee!lo rGa ilnvmrnwrr,&AMinlCol+inrtrrly frog. other vtalet r my ba couyrlero d%m tlaarnnenrt betag,sen to that ssuee to langr A y � p,, ,y,,ho mwding does not re quim, flus Cal fmnla tworry to rotate. colttorva nofmy (fitlanrdescilptl.n ofuitat9rad doaurnent conllnuad) of Pages,_„__ Document Dale CAPACITY CLAIMED BY THE SIGNER 0 Individual (s) 0 Corporate Officer t7 ("'after(s) EJ Attorney-in-Faot Trustees) P.l Othel'._._._.__ �....___ o Stare and Comity infonlo®ti.n roust be the State mrd Counpwhere the document signar(s) personally appeared Nature dialectally public for ackoowledgrnant. v Delta oGimm'intior, must be the date that the sigmar(s) personally appeared wloich must tile. be the sone dale he acknowledgment in eomplotsd. m The nornay pubho must prior his or list name ns it appears e4on Iris or hm' Mons sslon followed by a Comma and thea your title (notary public) - a Print t'ho nnrna(s) of dm,mnut signor(s) who personally appear at the finer of notarizati.n. ® Indicate the oorract sillpsr or plural forms by crossing off irwoneot forms (i e, et/she/fhey} Is/nee) or ehiog the correct farms, Ira row o correctly iradlcate Ihia in fonrndlon may leaf) In Igleclon ofdouunent IEe.rdiag. u 'the nonuy soul impreseoll must be clear and pholoernphieally reproducible, ImGlr'essign roost not cover text' or lincu, If soul Impression emndges, tclseal if a suffoiant area permits, .rho wise. complete a difYamnl maknowledgment Euro. n 5ignawre of the uotoy publio most mretnh the slgoartuc on file with the ofl'iem of the county clerk, Additional inriure4tiol is not required but weld hurip to ensure this adinuwledgment is not oninused or a ffeliecl t,s a different document. Indiclite title or pgaw of attached daeument. numbs, of pates ami date. Indicatu,. the capacity claimed try rbc aitnlar. If tic cdntmed capacity is a cpq>nreta offcar, indicate the lilit (i.e. cllo, Cl ,serrelary). > samroly onloOh thia documnne to the signed doounurnt with itsmple. 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 20 16 proved to me on the basis of (Name of Slgne�J) satisfactory evidence to be the person who appeared before me. AMANDA Y, LEE a,�^';7 Oammis# 2078082 sNotary Public • California z ° Orange county Comm, ExplresAug 10, 2018 J 51goature of Notary Public (Notary Seal) ADDITIONAL OPTIONAL INFORMATION Description of Attached Document Title or Type of Document: Bid Bond Document Date: Number of Pages: .e___ Signer(s) Other Than Narned Above: Additional Information. revision doe 01/01/2015 CITY OF SANTA ANA PROPOSAL, PROJECT NO.: 15.2647 MEMORY LANE - SANTA, ANA RIVER PARI{ 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: ''/s% of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: ''/2% of the bid . Section 1725.5 of the Public Contract Code requires all Subcontractors be registered ,with the State Department of Industrial Relations (DIR), BIDDER proposes to subcontract certain portions of are work to the funis listed below: Name Torrent Resources Inc. License #/Exp. 886759 / 11-30-16 DIR 'Reg. #/Exp. 1000024894 / 6/30/16 Location Phoenix, AZ Phone 602-268-0785 Type Of Work Dry Wella .Amount$ 45,300.00 Name 'Econo Fence Inc. License #/Exp, 337734 / 9-30--17 DIR Reg.#/Exp. 1000001395 / 6-30-16 Location Riverside, CA Phone 951-685-5000 Type Of Work rencing&& Horse Tie Posts Amount $ 16,065.00 Name Great Western Park & Playground Name Janes Past GLectrical 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 Gastvale, CA Phone 800-453-2735 Phone 949-378-9232 Type Of Work Playground & Type Of Work Electrical Amount 119,357.77 Amount $ 21,850.00 Name License #/Exp, DIR Reg. 4/Exp, License # Location Phone Type Of Work Amount S aa.nre .Ridder M Lehman, President of LEHMAN CONSTRUCTION, INC. Name License #/Exp. DIR Reg. #/Exp. License # Location Phone _ Type Of Worlc Amount $ P-9 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO,: 15.2647 MEMORY LANE - SANTA ANA RIVER PARK REFERENCES The following are the names, addresses, and telephone mrnlbers for THREE public agencies for which the BIDDER has performed similar work within the past three years. City of Laguna Hills, 24035 EI 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 Name and Telephone Number of person familiar with project. 418.,933.00 Santa Ana Zoo Ocelot Exhibit Nov 2014 Contract Amount Type of WorkDate Completed 3. 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 Pa Lk -I i rn.>emPntS May 2014 'Contract Amount Typo, of Work Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whore 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 Ana.: Benchmark Ins. Co. - Agent: Goodman Ins. 101 Pacifica, Suite 1.50 949-769-3102 Irvine., CA 92618 , Auto Ins: State Farm Ins. - Agent: Victoria Pore, 28991 Golden Lantern, 949•-363-2770 Suite D105, Laguna- Niguel,CA 92677 P-10 of P-17 CATs' OF SANTA ANA PROPOSAL PROJECT NO,: 15-2647 MEMORY LANE - SANTA ANA RIVER PARIC 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 Cemme.rcentre Dr., Lake Fordst, CA 92630 Name and Address of Owner. Name and Telephone Number of person familiar with project. 2,432,631.00 Rimgate Park and Tamarisk Contract Amount Parr Tmqrffelc May 2014 Date Completed 2, City of Santa Ana, 20 Civic Center Plaza, M-22, Santa Ana, CA 92701 Name and Address of owner. Tyrone Chesanek 714-615-0887 3. Name and Telephone Nun 2,800,000.00 Contract Amount Name and Address of owner. of person familiar with project. Jerome Center Renovation May 2010 Type of Work Date Completed _ Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. CL Ins.: Colony Ins. Co. / Surety: RLI Insurance Co. GL Ins., and Bonds Agent: Diamond valley, Ins. Serv(Ues, Inc. 41856 Ivy St., Suite 204 Murrieta, CA 92562 951-553-7400 Workers Comp Ins.: Benrhmark 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 o#'P-1.7 CITY OF SANTA ANNA PROPOSAL. PROJECT NO.: 1.5-2647 MEMORY LANE - SANTA ANA RIVER PARI NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 1.12 and Public Contract Code Section 7106) In accordance with Title 23 United States Code Section 112 and Public Contract Code 7,106 the BIDDER declares that the bid is not made .ln 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 B'I'DDER 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 thcreof 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 sha11 also constitute signature of this Non -collusion Affidavit, BIDDERS are cautioned that malting a false, certification may subject the certifier to crirn ptrl pyq ecution., Signed State of California Countyof ORANGE„_ Subscribed and sworn to (or affirmed) before me on this _ clay of Feb . _, 20 1 j by _ proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me ,' s r1 i'a9'i'I; HI'AI;iSSM 1'OR N troy Public Signature � � Notary Public Seal `111 [1#ll NA.. WWI A'010F)IN P-12 ofP-17 CALIFORNIAJURAT (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 2016 proved tc me on the basis of (Name of Signer(') satisfactory evidence to be the person(/ who appeared before me. AMANDA Y. LEE Cornmisslon # 2078002 L Notary Pubilc - 0811Parnla Orange County My comm. Expires Au 16, 2018 Signature of Notary Public (Notary Seal) 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: revislon 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: 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 employeesaxe treated during employment without, regard to their race, color, religion, sex, or national origin, Such action shall include, but not be lhnited to, the following: employment, upgrading, demotion, oz 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 advertisement's 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 conurritments 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 perumit 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, rogulations, and orders. 6. In the event of the Contractor's non-compliance with time nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, ternminated, or suspended in whole or in part. and the Contractor may declared ineligible for fitxther Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be unposed and remedies involved as provided in Executive Order 1.1246 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 CITY OF SAN'T'A ANA PROPOSAL PROJECT NO.: 15-2647 MEMORY LANE - SANTA ANA RIVER PARD The Contractor shall include the portion of the sentence irmnediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order tuiless 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 sub provisions will be binding upon each subcontract or purchase order as the adnlinistering 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. S. Pursuant to Califomia Labor Code Section 1735, as added by Chapter 643 Staffs. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin; ancestry, physical handicaps, mental condition, marital status, or sex ofsucl persons, except. as provided in Section 1420, and any contractor of public work violating is Section is subject to all the penalties imposed for a violation of the Cha 'ter, Signed: 11 Ma e an Title: Presfdont Firm: LEEMAN CONSTRUCTION', INC. Date: 2-23-16 P-14 of P-17 CITY OF 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 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 11 in the area or industry affected, 2, Employ the Humber of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards. 3. Contribute to the fund or fiords 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 ctractors not signatory to the trust agreement shall pay a like amount to the C,oilernia Apr ticeship Council. Signed: n Title: 'Pre sidcn Final: LEHMAN CONSTRUCTION, INC. Date: 2-23-16 P-15 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO,: 15-2647 MEMORY LANE - SANTA ANA RIVER PARK STATEMENT REGARDING "ANTI -KICKBACK" REOUIREMENTS The undersigned is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with the Copeland "Anti -Kickback" Act (18 USC 74) as supplemented in the Department of Labor regulations (29 CFR, Part 3). This act provides that each contractor or subcontractor shall be prol'bited from inducing, by any means, any person employed in the construction r repair of PubXc work, to give up any part of the compensation to which he/she is oeL e tled, Signed: M an Title: President Firm: LEHMAN CONSTRUCTION, INC,, Date: 2-23-16 P-16 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.; 15-2647 MEMORY LANE - SANTA ANA RIVER PARK PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE 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 MAYOR Miguel A, Pulldo MAYOR PRO TEM Claadla C. Alvarez COUNCILMEMSERS David rennAdea Carlos Bustsmante, Michele Martinez Vincent F. Sermlento Sal TlnaJero February 19, 2016 ADDENDUM No. ONE CITY OF SANTA ANA PUBLIC WORKS AGENCY M-96 P.O. Box 1988 Santa Ana, California 92702 SUBJECT: PROJECT No. 15-2647: Memory Lane Santa Ana River Park INTERIM CITY MANAGER Paul M. Walters CITY ATTORNEY Sonle Carvalho CLERK Or THE COUNCIL Marla D, Hulzar The following changes have been made to the plans and specifications of the subject project: Piens 1. Replace sheets GRA (4 of 28), UT -1 (5 of 28), LC -1 (8 of 28), 1-I-1 (23 of 28) and I -P-1 (27 of 28) with the attached sheets GR -1 (4 of 28), UT -1 (5 of 28), LC -1 (8 of 28), 1-I-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 Contract Documents. If Contract wants to implement an alternative plan, Contract shall prepare erosion and sediment control plans pnmodiately 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." 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 - Mobilizatlom revise section to read as follows: "Payment for "Mobilization,"will be made on a lump 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. fending, provide temporary utilities including but not limited to power and construction water and implement, and perforin 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 all 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 reducer backflow assembly (backflow for Irrigation meter to be included in irrigation bid Item), furnish and install all PVC schedule 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 all work involved and required to provide trenching, provision August 9, 2013 ADDENDUM No. ONE PROJECT No 10-7557 Page 3 and Installation of all necessary electrical conduit and wiring for electrical system in accordance with the plans, details and specifications, 9. Appendix A, Definition of bid Items, Page.& Bld Item No. 19 — Planting: amend the paragraph to read as follows: "..,.....and perform 60 -calendar day maintenance in accordance with the plans, details, specif/catlons and City of Santa Ana Standards." 10. Appendix A,. Definition of Bid Items, Page 6: Rid Item No. 20 — Irrigation: amend the paragraph to read as follows: "...,.....and perform 60 -calendar day maintenance In accordance with the plans, details, speciflcatlons and City of Santa Ana Standards." 11. Appendix A, Definition of Bid Items, Page 6, Additive Alternate Bld Item No. 4 — Picnic Shelter: add the following sentences to the sectloni "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 `AddittVe 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 roquired, County Permit costs, ramobllization as occurs, and performing all work involved and required to furnish and Install, irrigation, planting and rook cobble Improvements that occur outside the city property and within County property fn accardance with the plans, details and specifications." All other terms and conditions remain the same. FOR THE CITY r ASN ANA William E. Galvez City Engineer Public Works Agency COST ANALYSIS PROJECT NO. 16-2647: 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 THE REGISTER This space for filing stamp only 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: MEMORY LANE / SANTA ANA RIVER PARK 1 am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the THE REGISTER, a newspaper published in the English language in the city of SANTA ANA, county of ORANGE, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of ORANGE, State of California, under date 11/19/1905, Case No. A21046. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: 02/05/2016, 02/12/2016 Executed on: 02/12/2016 At SANTA ANA ,CA I certify (or declare) under penalty of perjury that the foregoing Is true and correct. II I I I II II II II II I I II II II I I I I I I II * A 0 0 0 0 0 4 0 0 0 2 9 6 Cl 2843049 MAYOR a y.. CIN MANAGER Miguel A. Pulido David Cavazos MAYOR PRO TEM _ CITY ATTORNEY Vincent F. Sarmiento j _ Sonia R. Carvalho COUNCIL MEMBERS CLERK OF THE COUNCIL .a,. <.,,yaM Angelica Amezcua Maria D. Wuizar P. David Benavides Michele Martinez - Roman A. Reyna Sal Tinaiero CITY OF SANTA ANA PLANNING 8. BUILDING AGENCY 20 Civic Center Plaza (M-20) P.O. BOX 1988 • Santa Ana, California 92702 (714) 667-2700 • Fax (714) 973-1461 WWN/.santa-ana.org 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: Memory Lane Santa Ana River Pa Date of Approval: 03115/2016 Project Number(s): PWA-2016-97-ClP Project Location: 1 CityWide (Partial) City: Santa Ana County: Orange ER Number: ER -2016-9 Project Description: Development of vacant parcel into public park. Improvements shall include perimeter fencing, concrete and decomposed granite pavement, playground, fitness area, picnic area, security lighting, equestrian area, site amenities, landscaping and irrigation. Applicant Name: $Uzi Furjanic Applicant Address: City of Santa Ana: 20 Civic Center Plaza M-36 SANTA ANA, CA 92701 Name of Public Agency Approving Project: City Council Name of Person or Agency Carrying Out Project: Furjanic, Suzi Exempt Status: ❑ Ministerial (Sec. 15268) ❑ Declared Emergency (Sec. 15269 (a)) ❑ Emergency Project (Sec. 15269 (b through e)) ❑ General Rule (Sea 15061(b)(3)/(5)) ❑ Statutory Exemption: Categorical Exemption: 15304 Class 4 Reason(s) Why Project is Exempt From CEQA: Project involves installation of new drought tolerant landscaping and drip irrigation system, drainage through site infiltration, and does not involve removal of trees. City Contact: Suzi Furjanic Telephone: (714) 571-4241 Signature: Title: ��` , toll' rl'1'4401' Date: SANTA APIA CIN COUNCIL Miguel A. Pulido Vincent F. Sarmiento Michele Martinez Angelica Amezcua P. David Benevides Roman Rayne Sal Tinalero Mayor Mayor Pro Tem, Ward 1 Ward Ward Ward Wards Warde MPg IldoP,saola-ana.omi ysarm'entuiusents-anaargMMartinazana.ordAAmezcua0santa-anaoro 00enavidasconsaite-anaom!RR v (ril anl2a ag$'finaieror8�santa-ana.oro CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT WAY 2 3 2016 PROJECT N0. 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 worlananlike 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 • 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 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 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 sum(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. 1 of 3 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO. 15-2647 MEMORY LANE/SANTA ANA RIVER PARK CONTRACTOR agrees to complete the Work of Improvement within the time specified in the Time for Completion of Irmprovements section of the BID PROPOSAL (Exhibit "A") 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 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. 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 boinds 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. a. 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. // 2 of 3 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT N0, 15-2647 MEMORY LANE/SANTA ANA RIVER PARK IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the clay and year first above written. ATTEST: MARIA D. i-ILIIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney BY J e Sandoval N-� Chief Assistant City Attorney 3 of 3 CITY OF SANTA ANA: 1 �t DAVID CAVAZOS City Manager RECOMMENDED FOR APPROVAL: Director, Public Works Agency CONTRACTOR: 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: BASE BID Item Description Qty Unit Unit Price Amount 1 Mobilization 1 LS ---- $ 93,420.00 2 Demolition 1 LS ---- $ 4,463.00 3 Grading 614 CY $ $ 12.00 7,368.00 4 Drainage and Domestic 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, 1 LS $ Trenching and Conduit 24,893.00 7a Electrical Service Connection to 300 LF ---- $ SCE Point of Connection $18.00 5,400.00 8 Concrete Work 1 LS ---- $ 20,580.00 9 Permeable Concrete Pavers 2,424 SF $ $ 8.00 19, 392.00 10 Pilasters 1 LS ---- $ 21,468.00 11 4'-0" Wooden Bridge 3 EA $1,713.00 $ 5,139.00 11 8'-0" Wooden Bridge 1 EA $ $ 2,962.00 2,962.00 P-1 of P-17 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 16 Site Amenities 1 LS ---- $ 32, 851.00 17 Information Sign 1 LS ---- $ 2,623.00 18 Horse Tie Posts 6 EA $ $ 578.00 3,468.00 19 Planting 1 LS ---- $ 39,194.00 20 Irrigation 1 LS ---- $ 31,894.00 TOTAL BASE BID $ 526,056.00 $ 526,056.00 Total Bid Price in Numbers FIVE HUNDRED TWENTY-SIX THOUSAND FIFTY-SIX DOLLARS Total 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 item 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 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15-2647 MEMORY LANE - SANTA ANA RIVER PARK ADDITIVE ALTERNATES Item Description Qty Unit Unit Price Amount Al Additive Alternate #1 —Play 1 LS ---- $ Equipment & Rubber Surfacing 148, 200.00 A2 Additive Alternate #2 — Fitness 1 LS ---- $ Equipment 42, 575.00 A3 Additive Alternate #3 — Site 1 LS ---- $ Amenities 68, 550.00 A4 Additive Alternate 44 — Picnic 1 LS ---- $ Shelter 30,556.00 A5 Additive Alternate #5 — County 1 LS ---- $ Improvements 59, 367.00 A6 Additive Alternate #6 — Steel I LS ---- $ Trellis 43,235.00 TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within sixty (60) 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 day. NameofFirm LEHMAN CONSTRUCT Signature of BIDDER �K&C7 T,M Title President (If an individual, so state. 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.) President: Mark Lehman Secretary/Treasurer: Diana Lehman Legal Name: Lehman Construction, Inc. P-3 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15-2647 MEMORY LANE - SANTA ANA RIVER PARK 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/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 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, 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 Firm Signature of BI Title (If an individual, so state. 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.) Legal Name: Lehman Construction, Inc. President: Mark Lehman Secretary/Treasurer: Diana Lehman P-4 of P-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: m1@1ehmanconstruction.net Telephone: 714-838-7577 State Contractor's License No. and Class: 239570 A and B License Expiration Date: 07/31/2017 State Dept. of Industrial Relations (DIR) 1000010491 Registration No.: State Dept. of Industrial Rel ions (DIR) 06/30/2016 Registration Expiration Date;! ,, 7 Signed: Title: P-5 of P-17 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 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 fatly 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 Firm Signature of BI: Title President (if an individual, so state) P-6 ofP-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15-2647 MEMORY LANE - SANTA ANA RIVER PARK OWNERSHIP AFFIDAVIT STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS: CITY OF SANTA ANA ) Mark Lehman , being duty 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: Praci dent of T FHMAN CONSTRI TION TNl' 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 collusion to secure/any a age against the City of Santa Ana or any person interested in the proposed con c , for hi 's or any other person. Sign re o%fdder/ Subscribed and sworn to before me this day of February 2016 Signature of officer Administering Oath (Notary Public) P-7 of P-17 UIC'lRME MACHED FOR, CI%d:1EORNIA MARY WORDING 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 SignerX)) satisfactory evidence to be the person(/ who appeared before me. ate, ... - „ AMANDA Y. LEE • • •• ' " Commission # 2079082 Awa •. n Notary Public - California z n Orange County u •' "'•'° My Comm. Expires Aug i6, 2018 Signature of Notary Public (Notary Seal) ADDITIONAL OPTIONAL INFORMATION Description of Attached Document Title or Type of Document: Ownership Affidavit Document Date: o—® Number of Pages: Signer(s) Other Than Named Above: Additional Information: revision date 01/01/2015 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15-2647 MEMORY LANE - SANTA ANA RIVER PARK 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: ''/2% of the bid or $10,000, whichever is greater Buildings, parks, or other projects: '/2% 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 Reg. #/Exp. 1000024894 / 6/30/16 Location Phoenix, AZ Phone 602-268-0785 Type Of Work Dry Wells Amount $ 45, 300.00 Name Econo Fence Inc. License #/Exp. 337734 / 9-30--17 DIR Reg.#/Exp. 1000001395 / 6-30-16 Location Riverside, CA Phone 951-685-5000 Type Of Work Fencing&& Horse Tie Posts Amount $ 16,065.00 Name Great Western Park & Playground IncName JMes Fast 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 Playground & PlaygrounO Type Of Work Electrical Amount $ 119, 357.77 Getfaee Amount $ 21, 850.00 Name License #/Exp. DIR Reg.#/Exp. License # _ Location _ Phone Type Of Work Amount $ Si a re -c President of Name License #/Exp. DIR Reg.#/Exp. License # Location Phone Type Of Work Amount $ 1k Lehman, CONSTRUCTION, INC. P-9 of P-17 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 E1 Toro Rd., Lacuna 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 Name and Telephone Number of person familiar with project. 418,933.00 Santa Ana Zoo Ocelot Exhibit Contract Amount Type of Work Nov 2014 Date Completed 3. 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 k rn,..n+-Q May 2014 Contract Amount Type of Work Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. 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 Ins.: Benchmark Ins. Co. - Agent: Goodman Ins. 101 Pacifica, Suite 150 949-769-3102 Irvine, CA 92618 Auto Ins: State Farm Ins. - Agent: Victoria Pore, 28991 Golden Lantern, 949-363-2770 Suite D105, Laguna Niguel,CA 92677 P-10 of P-17 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. I.City of Lake Forest, 25550 Commercentre Dr., Lake Fordst, 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 ImpW8y*&k Date Completed 2. City of Santa Ana, 20 Civic Center Plaza, M-22, Santa Ana, CA 92701 Name and Address of owner. Tyrone Chesanek 714-615-0887 3. Name and Telephone Number of person familiar with project. 2,800,000.00 Jerome Center Renovation May 2010 Contract Amount Type of Work Date Completed Name and Address of owner. Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. GL Ins.: Colony Ins. Co. / Surety: RLI Insurance Co. GL Ins. and Bonds Agent: Diamond Valley, Ins. Sery&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 of P-17 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 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. BIDDERSXre cautioned tji"at making a false certification may subject the certifier to crim gal p 6secution. / ' Signed State of California ' County of ORANGE Subscribed and sworn to (or affirmed) before me on this day of Feb. , 20_U by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me N ary Public Signature Notary Public Seal P-12 of P-17 AITACHED FOR CAUFORNU NOTARY WOOING 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 day of February ZD 16 by Mark Lehman proved to me on the basis of (Name of Signer satisfactory evidence to be the person( who appeared before me. aIV AMANDA Y. LEE Commission # 2078082 z ;" a� Notary Public - California Orange County n My Comm. Expires Aug 16, 2018 Signature of Notary Public (Notary Seal) ADDITIONAL OPTIONAL INFORMATION Description of Attached Document Title or Type of Document: Non -Collusion AffldaVlt Document Date: Number of Pages: — Signer(s) Other Than Named Above: Additional Information: 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: 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 comrnitrnents under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5, The Contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies 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. P-13 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15-2647 MEMORY LANE - SANTA ANA RIVER PARK 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. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of suc persons, except as provided in Section 1420, and any contractor of public work violating Alis Section is subject to all the penalties imposed for a violation of the Chanter. Signed: Title: Firm: LEHMAN CONSTRUCTION, INC. Date: 2-23-16 P-14 of P-17 CITY OF 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 days shall: Apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. 2. Employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards. 3. Contribute to the fund or funds in each craft or trade in which he/she employs journeymen or apprentices on the public work, in the same amount or upon the same basis and in the same manner as the other contrac ors, exec t c tractors not signatory to the trust agreement shall pay a like amount to the Coifornia 7ppr ticeship Council. Signed: Mal<Ae an Title: President Firm: LEHMAN CONSTRUCTION, INC. Date: 2-23-16 P-15 of P-17 CITY 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 (18 USC 74) as supplemented in the Department of Labor regulations (29 CFR, Part 3). This act provides that each contractor or subcontractor shall be pro bited from inducing, by any means, any person employed in the construction gr repair of pub c work, to give up any part of the compensation to which he/she is otherwise e tied. /f Signed: myrK Lepman Title: President Fes: LEHMAN CONSTRUCTION, INC. Date: 2-23-16 P-16 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15-2647 MEMORY LANE - SANTA ANA RIVER PARI{ PUBLIC CONTRACT CODE SECTION 10162 OUESTIONNAIRE 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 X If the answer is yes, explain the circumstances in the following space P-17 of P-17 MAYOR Miguel A. Pulido MAYOR PRO TEM Claudia C, Alvarez COUNCILMEMBERS David Benavides Carlos Bustamante Michele Martinez Vincent F. Sarmiento Sal Tinajero February 19, 2016 ADDENDUM No. ONE CITY OF SANTA ANA PUBLIC WORKS AGENCY M-36 P.O. Box 1988 Santa Ana, California 92702 SUBJECT: PROJECT No. 15-2647: Memory Lane Santa Ana River Park INTERIM CITY MANAGER Paul M. Walters CITY ATTORNEY Sonia Carvalho CLERK OF THE COUNCIL Maria D. Huizar The following changes have been made to the plans and specifications of the subject project: Plans 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 GRA (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-17). 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 Contract 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." 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 lump 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 all 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 reducer backflow assembly (backflow for irrigation meter to be included in irrigation bid item), furnish and install all PVC schedule 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." 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 all work involved and required to provide trenching, provision August 9, 2013 ADDENDUM No. ONE PROJECT No. 10-7557 Page 3 and installation of all necessary electrical conduit and wiring for electrical system in accordance with the plans, details and specifications. 9. 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 "Additive Alternate 5" will be made on a lump sum (LS.) 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, remobilization 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. FOR THE CITY AN ANA William E, Galvez City Engineer Public Works Agency CITY OF SANTA ANA PROPOSAL PROJECT NO.: I5-2647 MEMORY LANE - SANTA ANA RIVER PARR BID BOND KNOW ALL PRESENT that, Lehman Construction. Inc. , as BIDDER, and RLI Insurance Company , as SURETY, are held and firmly bound unto the CITY OF SANTA ANA, as AGENCY, in the penal sum of Ten Percent Amount of Bid Dollars ($ to% ), 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 16th day of February 2016 . BIDDER'S Sierra Alta Drive, Santa Ana, CA 92705 714-838-0098 RLI Insurance Company •• .Q. 3967. PPnrja.61612-1967 1• •• 00 Timothy C. Baker, Attorney -in -Fact 41856 Ivy St., #204, Murrieta, CA Subscribed and sworn to before me 92562 this day of , 20_ Signature: 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. P-8 of P-17 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 validitv 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 Signe) satisfactory evidence to be the persono who appeared before me. AMANDA y. LEE y/- 2078082 Commission Nofary Public - California z z ' ° orange 'aunty My Camm. Fxpires Aug 10, 2018 Signature of Notary Public (Notary Sea l) ADDITIONAL OPTIONAL INFORMATION Description of Attached Document Title or Type of Document: Bid Bond Document Date: Number of Pages: — Signer(s) Other Than Named Above: Additional Information: revision date 01/01/2015 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 On ��/� r�{ e f✓ a L'� � �� are ins m tl 1 e o icer personally appeared who proved to me on the basis of satisfactory evide ce to be the personw whose name a� subscribed to the within instrument and acknowledged to me that eiitl,�y executed the same in(l✓iis/t /t r authorized capacity, and that by is h,#r/tf Ir signatureo on the instrument the person(Wor the entity upon behalf of which the person�acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS hand a d Offl al.—k. l.COMM. 01983976 z ® Notary PUIIIIC - California Riverside County My Comm:Ex fres July 1, 2056 Notary Publi Signaturl(Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION , INSTRUCTIONS FOR COMPLETING THIS FORM 1'Ms, farm contplles with California Current standes regarding notary wording and, DESC PTIGF TME ATTACHED DQi{lJ ENT lfneeded, should Ge cornpleterl mrtl attached to luxe document. Acknorvledgmerxts 'o a other &rates mays be completed fur doannenrs being seat to that state so long / e wording does not require the California notary to violate California notary w. (Title of description bf attached document) . State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. . Date of notarization must be the date that the signer(s) personally appeared which (Title or description of attached document continued) must also be the same date the acknowledgment is completed. - The notary public must print his or her name as it appears within his or her Number of Pages _ Document Date commission followed by a comma mrd then your title (notary public). - Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER - Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/sheJthey, is /are ) m' circling the correct forms. Failure to correctly indicate this ❑ Individual (S) information may lead to rejection of dooumentrecording. ❑ Corporate Officer . The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression to edges, is -seal if a (Title) sufficient area perm its, otherwise complete a different acknowledgment form. ❑ Partner(s) - Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney-In—Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment isnot misused or attached to a different document. Other Indicate title or type of attacher) document, number of pages and date. ED Other the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e CEO, CFO, Secretary). 2015 Vz'i stun vvww Not y Ua: scs con 800-_,7,S-0865 • Securely attach this document to the signed document with a staple. RLIA ebic an RLI Compmry 9025 N. Lindbergh Dr. Peoria, IL 61615 Phone: (800)645-2402 Fax: (309)689-2036 Know All Men by These Presents: POWER OF ATTORNEY RLI Insurance Company Contractors Bonding and Insurance Company That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That this Power of Attorney may be effective and given to either or both of RLI Insurance Company and Contractors Bonding and Insurance Company, required for the applicable bond. That RLI Insurance Company 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 Columbia do hereby make, constitute and appoint: John A. Ruiz, Timothy C. Baker, Melody L. Spain, Karen A Eby, jointly or severally in the catty or Moment , State of California , as Attorney in Fact, with full power and authority hereby conferred upon him/her to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds, undertakings, and recognizances in an amount not to exceed Ten Million Dollars ( $10,000,000.00 1 for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. RLI Insurance Company and Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of the Resolution adopted by the Board of Directors of each such corporation, and now in force, to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation shall be executed in the corporate name of the Corporation by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Corporation. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation. The signature of any such officer and the corporate seal may be printed by facsimile or other electronic image." IN WITNESS WHEREOF, RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Vice President with its corporate seal affixed this 2nd day of hi vl , 2015. �'pNp.. RLI Insurance Company 16 A, .°,y ?- co" m . POR •s ;`..2,.• POR ''?�qy` Contractors Bonding and Insurance Company -0f0••�°° � `�Jon, . SEAL .�a= SEAL ' l °u •. .• r��; Barton W, Davis Vice President State of Illinois Jl ••S SS 14iNo1s QI,IjNp\ County of Peoria On this 2nd day of July 1 2015 , before me, a Notary Public, personally appeared Barton W. Davis who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI Insurance Company and/or Contractors Bonding and Insurance Company, and acknowledged said instrument to be the voluntary act and deed of said corporation. CERTIFICATE I, the undersigned officer of RLI Insurance Company, and/or Contractors Bonding and Insurance Company, each Illinois corporations, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Courtin mid/or C ntractors B I and Insurance Company this �ay of •,,,� `J, RLI Insurance Company M. Bockler Notary Public Contractors 7ing and Insprance Company "OFFICIAL 7�BC_"KL ' eornev Barton W. Davis Vice President m,euc f JACQUELINE M.ERmrCOMMISSION EXPIR4110 mmyMmyn 0447054020212 A0059115 I _ {•i� a?�r Z vi OZ ORA 9104 ado 0 m •� z O m W N �I O 6T H'S ® NA (n N t1 C? oc ,4 A 'r� ® N y D Z N`{' N C1 p m O biiw 91 a O "R 0 j XT N v z 1 N 7 a a (D ®v A m ao 2 m M A (A) N D C 7�C a �77 rt v y MEMORANDUM ,� ,�� David Cavazos To: City Manager Date: July 27, 2016 Fred Mousavipour, Executive Director From: Public Works Agency Project No. 15-2647; Memory Lane/Santa Ana River Park Subject: Change Order No. 2 CONTRACTOR : Lehman Construction, Inc. P.O. Box 3669 Tustin, CA 92781 PROJECT DESCRIPTION: Project No. 15-2647; Memory Lane/Santa Ana River Park CHANGE ORDER NUMBER: 2 CHANGE ORDER AMOUNT: $24,989 ACCOUNTING UNIT-ACCOUNT-ACTIVITY NUMBER: 31113260-66220-15264702028 JUSTIFICATION Before the end of construction of this project, a vehicle drove off the road at The City Drive and Memory Lane and entered the construction zone of the project. The vehicle damaged improvements that were recently constructed by the contractor. This change order will compensate the contractor to repair or replace damaged improvements. AGREED PRICE = $24,989 CONTRACT COST SUMMARY Amount % of Contract Original Contract Total $859,172 Construction Contingency $85,917 Previous Change Orders $52,743 - 6.1% Change Order#2 $24,989 Increase 2.9% Adjusted Contract Total $936,904 SCHEDULE IMPACT None. Project 15-2647 Change Order No. 2 July 27, 2016 Page 2 of 2 APPROVED AS TO FUNDS AND ACCOUNTS: 0 F.ed Mousavipour, Executive Director Francisco Gutierrez,ez, Executive Director P blic Works Agency Finance & Management Services Agency 13 4f-ne,..4; 47, A Gerardo Mouet, Exe6utive Director Parks, Recreation, and Community Services Agency CITY OF SANTA ANA PUBLIC WORKS AGENCY #Itirtti: CONTRACT CHANGE ORDER Project Number Project No. 15-2647; Memory Lane/Santa Ana River Change Order Number 2 Park To Lehman Construction, Inc. Contractor You are hereby directed to make the herein changes from the plans and specifications or do the following described work not included in the plans and specifications on this contract. NOTE:THIS CHANGE ORDER IS NOT EFFECTIVE UNTIL APPROVED BY THE CITY COUNCIL OR CITY MANAGER. Unless otherwise stated,rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time. Change requested by PUBLIC WORKS AGENCY EXTRA WORK AT AGREED PRICE Repair/replace fencing, irrigation system, landscaping, bollards, masonry column, bridge and other improvements that were damaged due to the vehicle collision during the project construction. All work shall be done per the original Plans and Specifications. AGREED PRICE = $24,989 • Page 1 of 2 , CITY OF SANTA ANA PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number Project No. 15-2647; Memory Lane/Santa Ana River Change Order Number 2 Park To Lehman Construction, Inc. Contractor You are hereby directed to make the herein changes from the plans and specifications or do the following described work not included in the plans and specifications on this contract. NOTE:THIS CHANGE ORDER IS NOT EFFECTIVE UNTIL APPROVED BY THE CITY COUNCIL OR CITY MANAGER. Unless otherwise stated,rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time. Change requested by PUBLIC WORKS AGENCY The compensation both time and cost set forth in this change order comprises the total compensation due the Contractor, all Subcontractors, and all Suppliers for all work performed per this change order, including impact on unchanged work. By signing this change order, the Contractor acknowledges•and agrees on behalf of himself, all Subcontractors, and all Suppliers, that the stipulated compensation includes payment for all work contained in this change order, plus all payment for interruption of schedules, extended field overhead, home office overhead, profit, delay, and all impact, ripple effect or cumulative impact on all other work under this Contract. The signing of this change order constitutes full mutual accord and satisfaction for all changes and work performed on this project, and that the time and cost paid per this change order constitutes the total equitable adjustments owed the Contractor, all Subcontractors, and all Suppliers for all work performed on this project. The Contractor on behalf of himself, all Subcontractors, and all Suppliers agrees to waive all rights, without exception or reservation of any whatsoever to file any further claim related to this project. TOTAL COST THIS CHANGE ORDER: DECREASE $ INCREASE $ 24,989 By reason of this order the CONTRACT TIME completion will be adjusted as follows: None. We the undersigned contractor have given careful consideration to the change proposed and hereby agree,if this proposal is approved,that we will provide all equipment,furnish all materials,except as may otherwise be noted above,and perform all service necessary for the work above specified,and will accept as full payment therefor the prices shown above. Accepted,Date-9 / 4c, Contractor Lehman Co str tion, Inc. By / / ' . Titl r—1 ' 4. 2 /Approval recommended by l/ Date �G PUBLIC WORKS A El9CYEXECUTIVEDIRECTOR !� Approved by / /I J+ k P C. Date a bo/1 (/ � CITY MANAGER Page 2 of 2