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HomeMy WebLinkAboutMARINA LANDSCAPE, INC. lit Recording Requested By, And When Recorded Mail To: Recorded in Official Records, Orange County City of Santa Ana,Public Works Agency M22 Hugh Nguyen, Clerk-Recorder 20 Civic Center Plaza,P.O,Box 1988 II I I II III I�` II I II I III II Santa Ana,CA 92702 �� I I NO FEE * $ R 0 0 1 4 1 5 4 2 3 0 $ * 2023000012948 2:32 pm 01/18/23 418 RW1A N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.000.000.00 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 the Cabrillo Park Irrigation Renovation under contract entered into on April S, 2022,with Marina Landscape, Inc., on which contract Berkley Insurance Company s surety_ The aproperty on which such work improvement was placed is in Cabrillo Park, and described as o Project No. 21-2727 located at 1820 E. fruit St. The work improvement on said property was o z accepted as completed on December 27, 2022. z a CITY OF SANTA jkNA, A ICIPAL CORPORATION x � w By H Dated: I a!!b3l Principal 0 ' En ineer—Jason Gabriel ►qz. TITLE cz VERIFICATION I, the undersigned, say: I am the City Engineer — Rudy Rosas of the City of Santa Ana, California; I executed the foregoing Notice of Completion acting on behalf of the owner of the property therein described; I make this verification on behalf of said corporation by authorization of the City Council of the City of Santa Ana; I have read said notice and know the contents thereof; and I declare under penalty of perjury that the facts therein stated are true. Executed on 4ANu 11 2 y 17— �z3 , at Santa Ana,California City Engineer—Rudy Rosas THIS NOTICE OF COMPLETION MUST BE RECORDED WITHIN TEN(10)DAYS AFTER COMPLETION INSURANCE NOT ON FILE (WORK MAY NOT PROCEED CLERK OF COUNCIL WE: y--,�,� _ ,g� 2 CITY OF SANTA ANA CONSTRUCTION CONTRACT 21-2727 CABRII,LO PARK IRRIGATION RENOVATION This CONSTRUCTION CONTRACT is made and entered into this 50' day of April, 2022 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 "CITY"), and Marina Landscape, Inc. (hereinafter "CONTRACTOR"), WITNESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the Cabrillo Park Irrigation Renovation (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 • Technical Provisions and Project Plans • Community Workforce Agreement • 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 Four Hundred Sixty Nine Thousand dollars and No Cents ($469,000.00), 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 sums) based on approximate quantities only, and the City does not expressly orby 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. 1C° 09/0U2°17 Page 1 of 3 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 timefrarne 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. If applicable, the CONTRACTOR shall adhere to the CITY'S Community Workforce Agreement (CWA), a pre -hire collective bargaining agreement, which establishes the labor relations policies and procedures for CONTRACTOR to follow in the crafts persons employed to complete the WORK OF IMPROVEMENT as more fully described in the C WA. The C WA may be found on the City's website at: httn://www.santa-ana ore/owa/documents/CWA pdf 7. 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"/o) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred Percent (1001/6) 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. 8. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond shall also be required as a condition of project acceptance. For projects up to Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of Ten ThousandDollars ($10,000) or Twenty Percent (20%) of the final contract price. For projects above Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of One Hundred Thousand Dollars ($100,000) or Ten Percent (10%) of the final contract price. 9. 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. 10. INDEMNIFICATION. To the fullest extent allowed by law, CONTRACTOR and its Subcontractors hereby agree to defend, indemnify, and hold harmless CITY, its City Council, boards and commissions, officers, agents, employees, representatives and volunteers (hereinafter collectively referred to as "Indemnitees"), through legal counsel acceptable to CITY, from and against any liability, claims, actions, costs, damages or losses, including reasonable costs and attorney's fees, for injury, including death to any person or damage to any property, arising directly or indirectly from, or in any manner relating to, any of the following: (i) Performance or nonperformance of the Work of Improvement by CONTRACTOR or its Subcontractors of any lower tier; (ii) Performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of any of the obligations under the Contract Documents; Page 2 of 3 (iii) The construction activities of CONTRACTOR or its Subcontractors of any lower tier, either on the project site or on other properties; (iv) The payment or nonpayment by CONTRACTOR of any of its Subcontractors of any lower tier, for Work of Improvement performed on or off the project site; and (v) Any personal injury, property damage or economic loss to third persons related to and arising from the performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of the Work of Improvement. (vi) The indemnity obligations of Subcontractors provided by this Section shall be included in all subcontract documents issued by CONTRACTOR Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in favor of CONTRACTOR against CITY or any other Indemnitee. IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: AISY GO­EZ 4 Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney �VBJIGIMITIUO. Assistant City Attorney RECOMMENDED FOR APPROVAL: NABIL SABA, PE Executive Director Public Works Agency CITY OF SANTA ANA KRI�RID City Manager CONTRACTOR: Marina Landscape, Inc. AME: VDI F TITLE: V t � t^M�Alf-- Page 3 of 3 CITY OF SANTA ANA PROPOSAL ADDENDUM NO. ONE PROTECT NO.: 21-2727 CABRILLO PARK IRRIGATION RENOVATION BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: Marina Landscape, Inc. REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the following schedule: Item Description Qty Unit Unit Price Amount I Site Demolition (existing itTigation, misc I LS $ $ demo) : j Cam%_ I -C �,�� cr'� . L-'-Z� 2 Electrical/Controller/Conduit/wiring t 1 LS $ $ 3 Construct AC Paving (T=6") * 300 SF $ I . t-e $ :1; 3EZ cL 4 Construct Concrete Surface (T=6") * 1000 SF $ $ 5 Baseball Infield Mix * 1,000 SF $ $ 6 New Sod adjacent to Baseball Infield (Kikuyu 1,500 SF $ $ grass)* 7 Hibiscus, 15 Gal * 5 EA $ $ 8 Shrub, I Gal * 350 EA $17 $ 9 Shrub, 5 G a 1 * 150 EA $ ,,., $ 10 3" Thick Layer of Mulch 2000 SF $ $ 11 Project Advertisement Sign 1 EA $ $ 12 Irrigation Complete System I LS $ $ 13 Landscaping and Irrigation Maintenance 1 LS $ Period (90 Calendar Days) 14 As -Built Plans I LS $ 3,000 $ 3,000 P-1 ofP-]7 Page 4 of 12 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-2727 CABRILLO PARK IRRIGATION RENOVATION ADDENDUM NO. ONE Item Description Qty Unit it Price Amount 15 Construction Penn it I LS $ 10,000 $ 10,000 16 Furnish and Install Temporary 6' tall Chain Link Fence to Secure the Park 1 LS $ $ include gate) TOTAL BASE BID $ 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-altemate 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. i This bid item is considered a Specialty Item per Section 2-3.2 of the Standard Specifications. 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 plus ninety (90) calendar days for landscaping and irrigation maintenance period. The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $1,500 per calendar day. Name of Firm Signature of BIDDER Title Marina 411ndscape. Inc. of Estimati Ta (If an individual, so state. If a firlAor 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.) Page 5 of 12 P-2 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-2727 CABRILLO PARK IRRIGATION RENOVATION 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 701-8.15 of the California Business and Professions Code, the undersigned certifies under penalty of perjury that the foregoing is true and correct. Name of Firm Marind kfandscane. Inc. 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.) Marina Landscape, Inc. Robert B. Cowan - President, Secretary, CEO, Treasurer Ali Tavakoli - Vice President Ligia Keith - Chief Financial Officer Hue Ta - Vice President of Estimating P-3 ofP-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-2727 CABRILLO PARK IRRIGATION RENOVATION 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: Marina Landscape Inc. Business Address: 3707 W. Garden Grove Blvd Orange CA 92868 Business E-Mail Address: estimator@marinaco.com Telephone: 714-939-6600 State Contractor's License No. and Class: 492862 — A B C27 C29 C36 C61 D49 D59 - License Expiration Date: 6/30/2022 State Dept. of Industrial Relations (DIR) Registration No.: 1000000079 State Dept. ndustrial Relations (DIR) ReQistratio iraVbn Date: 6/30/2022 Signed: 4�j'' Title: Vice P P-4 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-2727 CABRILLO PARK IRRIGATION RENOVATION PREVAILING WAGE COMPLIANCE AND MONITORING STATEMENT Contractor is aware of the requirements of California Labor Code Section 1720, et seq., as well as California Code of Regulations, Title 8, Section 16,000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The undersigned certifies that the foregoing is true and correct. Name of Firm Marina fi4dscape, Inc. Signature of BIDDER Title (if an individual, so state) P-5 of P-17 CITY OF SANTA ANA PROPOSAL PROTECT NO.: 21-2727 CABRILLO PARK IRRIGATION RENOVATION 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: ''/z% of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: %% 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 C �)r I�NI) J' r�;'C '; CNN' iN`nrName License 4/Exp. 7/ c C O" L License #/Exp. -7 ibl - A DIR Reg. #/Exp. I c u c DIR Reg. #/Exp. y i, p �!)� ( t 6 sl Zc ?2 Location Location i, i P-L A CR IZ97 Phone _ ' o Phone J i I --1-7 r% L Type Of Work 6 z! 'AL Type Of Work I r/VL CEj� 4cl:r.CE Amount $ Amount $ qr / t t" Name CALlfctiQA f4f:VSSiGiValLName License #/Exp, 714 p 3 u -? 3 License #/Exp. DIR Reg. #/Exp. I , DIR Reg. #/Exp. License # C 2 n 2 License # _ _7 Location j 4:,'t n Tg Ca%f / 7[t}? Location Phone e-,_�e E - rf I ;<: Phone Type Of Work F/ C-;" ERIu /ri Type Of Work Amount $ / f i / - t: t; Amount $ Name License #/Exp. DIR Reg. #/Exp. License # Location Phone Type Of Work *AmontBidder Vice President of Estimating Name License #/Exp. DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $ P-8 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-2727 CABRILLO PARK IRRIGATION RENOVATION 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 • Los Angeles Conservation Corps - John Van de Kamp Center, 1400 N Spring St Los Angeles CA 90012 Name and Address of Owner. Name and Telephone Number of person familiar with project. $ 875,884 Improvements 3 acre park restoring habitat, Contract Amount wal ype o VM 2. City of Downey - 11111 Brookshire Avenue. Downey, CA 90241 Name and Address of owner. Melanie Cazin - (714) 31 Name and Telephone Number of person familiar with project. $ 753,784 Irrigation & Landscape Contract Amount Type of Work 3. City of Irvine - 1 Civic Center Plaza. Irvine. CA 92606 Name and Address of owner. Brian D. Brown: 949-724-6474 Name and Telephone Number of person familiar with project. $ 456,243 Irrigation & Landscape Contract Amount Type of Work 6/21/2021 Date Completed 7/15/2020 Date Completed 9/30/2018 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. BERKLEY INSURANCE C 23046 Avenida de la Carlota, Suite 600, Laguna Hills, CA 92653 (949) 887-6783 Matt Coats P-9 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-2727 CABRILLO PARK IRRIGATION RENOVATION ADDITIONAL REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER or Subcontractor has performed similar work in the past five years. 1. City of West Hollywood - 8300 Santa Monica Blvd West Hollywood CA 90069 Name and Address of Owner. Rafi Mouradian (818) 996-9666 x125 Name and Telephone Number of person familiar with project. $ 1 093 700 Irrigation & Landscape Contract Amount Type of Work 4/2412020 Date Completed 2. LA Department of Parks and Recreation - 221 N Figueroa St Los Angeles CA 90012 Name and Address of owner. Nathan Stanley - (657) 276-3007 Name and Telephone Number of person familiar with project. $ 1,274,741 Irrigation & Landscape 9/11/2017 Contract Amount Type of Work Date Completed 3. City of Tustin - 300 Centennial Way, Tustin, CA 92780 Name and Address of owner. Joann Wu - (714) 573 - 3157 Name and Telephone Number of person familiar with project. $ 4,618,982 Irrigation & Landscape 9/8/2019 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. BERKLEY INSURANCE COMPANY 23046 Avenida de la Carlota Suite 600 Laguna Hills CA 92653 _(949) 887 678'3 Matt Coats P-10 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-2727 CABRILLO PARK IRRIGATION RENOVATION NON-DISCRIMINATION CERTIFICATE The undersigned contractor or corporate officer, diving the performance of this contract, certifies as follows: The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies 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-12 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-2727 CABRILLO PARK IRRIGATION RENOVATION The Contractor shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, rrtal status, or sex of such persons, except as provided in Section 1420, and any contractor ublic works violating thus Section is subject to all the penalties imposed for a violation of pq�Cliffipter. fll.fi/z% Title: Firm: Marina Landscape, Inc. Date: 1 /20/2022 P-13 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-2727 CABRILLO PARK IRRIGATION RENOVATION STATEMENT REGARDING APPRENTICESHIP REQUIREMENTS The undersigned BIDDER is familiar with the requirements of Section 1777.5 of the State Labor Code regarding employment of apprentices, and understands that contractors on contracts exceeding $30,000 or 20 working days shall: 1. Apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. 2. Employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards. 3. Contribute to the fund or funds in each craft or trade in which he/she employs journeymen or apprentices on the public work, in the same amount or upon the same basis and in the same manner as t ther contractors, except contractors not signatory to the trust agreement shall pay a like t to the California Apprenticeship Council. Signed: Hue Ta Title: Firm: Marina Landscape, Inc. Date: 1 /20/2022 P-14 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-2727 CABRILLO PARK IRRIGATION RENOVATION 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 (24 CFR, Part 3). This act provides that each contractor or subcontractor shall be prohibited from inducing, by any means, any person employed in the struction or repair of public work, to give up any part of the compensation to which he/she is bavise entitled. Signed: IIWylff HueTa Title: Vice President of Estimati Firm: Marina Landscape, Inc. Date: 1/20/2022 P-15 ofP-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-2727 CABRILLO PARK IRRIGATION RENOVATION 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-16 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-2727 CABRILLO PARK IRRIGATION RENOVATION STATEMENT REGARDING COMMUNITY WORKFORCE AGREEMENT (CWA) REQUIREMENTS This is to certify that the undersigned BIDDER, and subcontractors, have read and understood the CWA entered into by and between the City of Santa Ana, the Los Angeles/Orange Counties Building and Construction Trades Council, and the signatory Craft Councils and Local Unions, effective as of September 1, 2017. The CWA is available at: htty'//www santa-ana ora/pwa/docLunents/CWA pdf The undersigned BIDDER hereby agrees to comply with all terms and conditions of the CWA, and is capable of completing construction of the project continuously, and without interruptions or delays. if awarded any work covered by the CWA, BIDDER will also be required to sign the Letter of Assent that appears as Attachment A to the CWA. The undersigne BIDDER has reviewed the Public Works Construction Permit and required deposit describ¢��in f ection 2-2a and the Notice of Inviting Bids. Title: Vice Prelsident of Estimati Firm: Marina Landscape, Inc. Date: 1/20/2022 P-17 of P-17 MAM StW r It's c11 i::r, Marina Landscape, Inc. Resolution to Sign Contracts, Bid Documents and Bid Bonds Whereas, the Corporation requires an additional person as the Corporate Assistant Secretary for signing and executing the Contracts, Bid Documents, and Bid Bonds in the absence of the Secretary. Whereas, it would be desirous to have two (2) Assistant Secretaries available to sign Documents, or in the absence of the President/CEO/Secretary, be it: Resolved, that the CFO, Vice Presidents, and Assistant Secretaries of this Corporation be hereby authorized and empowered to sign Contracts, Bid Documents and Bid Bonds, in the name of and on behalf of this Corporation. Resolved, that Hue Ta is assigned the title of vice President of Estimating, and is authorized as such to sign Contracts, Bid Documents, and Bid Bonds, The undersigned hereby certifies that he is the duly elected and qualified Secretary and the custodian of the books and records and seal of Marina Landscape, Inc., a corporation duly formed pursuant to the laws of the state of California and that the foregoing is a true record of a resolution duly adopted at a special meeting of the Board of Directors and that said meeting was held in accordance with state law and the Bylaws of the above -named Corporation on March 1, 2019, and that said resolution is now in full force and effect without modification or rescission. In witness whereof, I have executed my name as Secretary and have hereunto affixed the corporate seal of the above -named Corporation this 1" day of March, 2019. Robert B. Cowan, Secretary Marina Landscape, Inc. MARINA LANDSCAPE, INC, 3707 W. Garden Grove Blvd , Orange CA 92E60-4803 c 714 939 6600 1 714.935 1199 w marinaco com • License #492862. A 9.. C27 C29 C36, n49. D59 t FILED MAR 0 7 2022 ORANGE COUNTY CLERK•RECORDER DEPARTMENT BY: DEPUTY MAYOR Vicente Sarmiento MAYOR PRO TEM Phil Bacerra COUNCILMEMBERS Johnathan Ryan Hernandez Jessie Lopez Nellda Mendoza David Penaloza Thal Viet Phan f\GI.Vf VCU M Vllll.lnl R V U.l, VlQllac vVuu�Y Hugh Nguyen, Clerk -Recorder II. II II III III III II II II III �I NO FEE m $ R 0 0 1 3 5 8 1 8 8 9 $ 202285000184 2:37 pm 03/07/22 383 CRVITOIA Z01 0.00 60.00 0.00 0,00 0.00 0.00 0.00 0.00 CITY OF SANTA ANA PUBLIC WORKS AGENCY 20 Civic Center Plaza, M-36 • P.O. Box 1988 Santa Ana, California 92702 W Wvv.sanla-ana ore NOTICE OF EXEMPTION CITY MANAGER Kristine Ridge CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Daisy Gomez From the Requirements of the California Environmental Quality Act (CEQA) Fee Exemption per California Government Code Section 6103 To: COUNTY CLERK From: City of Santa Ana County of Orange Public Works Agency t ti P.O. Box 238 20 Civic Center Plaza (M-36) Santa Ana, CA 92702 Santa Ana, CA 92702 Project Title: Cabrillo Park Irrigation Renovation 9 Project Number: 21-2727 (y� Project Location: Cabrillo Park `® City: Santa Ana County: Orange ER Number: ER-2022-10 Date of Approval: 07/07/2020 Project Description: The construction will include renovating the existing irrigation by installing new state of the art t� irrigation system throughout Cabrillo Park. Applicant Name: City of Santa Ana, Public Works Agency (`^ Applicant Address: 20 Civic Center Plaza M-36 t3 Santa Ana, CA 92702 Name of Public Agency Approving Project City Council Name of Agency Carrying Out Project Public Works Agency ❑ Ministerial (Sec. 15268) POSTED ❑ Declare Emergency (Sec. 15269 (a)) MAR 0 7 2022 ❑ Emergency Project (Sec. 15269 (b through e)) ORANGE COUNTY CLERK CORDER DEPARTMENT ❑ General rule (Sec. 15061 (b)(3)(5)) ❑ Statutory Exemption: BY: // DEPUTY A Categorical Exemption: 15301 (d) C7� Reason(s) Why Project is Exempt From CEQA: Restoration or rehabilitation of deters rated or damaged structures, facilities, or mechanical equipment to meet current standards of public health and safety, unless it is determined that the damage was substantial and resultated from an environmental hazard such as earthquake, landslide, orflood. City Contact: Mindy Ly Title: Associate Engineer Telephone: (714) 647-5665 Signature: Date: 2 2 SANTA ANA CITY COUNCIL vicente Sarmlento Mayor Ph9 Be,.. Thal Vie( Phee Mayor Pm Tern, Wald 4 WmdI David Penalom Jessle Lopez Johnad,an Ryee Hernandez Nord. Mende. FSc pbacerraeOsan(aana ore tphalasanb-ena om Ward We'd3 Wed doenalozalm ta. Lesslelooez®sanla eno.aro rvanhemantlezrdsanla anZa omaritloe(olsanlWe=1 aa State of California - Department of Fish and Wildlife 2022 ENVIRONMENTAL DOCUMENT FILING FEE CASH RECEIPT DFW 753.5a (REV.01/01/22) Previously DFG 753.5a SEE INSTRUCTIONS ON REVERSE. TYPE OR PRINT CLEARLY � Prlgt save RECEIPT NUMBER: 30 — 03/07/2022 — 0179 LEADAGENCY LEADAGENCY EMAIL DATE CITY OF SANTA ANA 03/07/2022 COUNTYISTATE AGENCY OF FILING DOCUMENT NUMBER orange 202285000184 PROJECT TITLE CABRILLO PARK IRRIGATION RENOVATION PROJECT APPLICANT NAME PROJECT APPLICANT EMAIL PHONE NUMBER CITY OF SANTA ANA, PUBLIC WORKS AGENCY (714)647-5665 PROJECT APPLICANT ADDRESS CITY STATE ZIP CODE 20 CIVIC CENTER PLAZA M-36 SANTA ANA CA 92702 PROJECT APPLICANT (Check appropriate box) E Local Public Agency 0 School District Other Special District ❑ Stale Agency Private Entity CHECK APPLICABLE FEES: ❑ Environmental Impact Report (EIR) $3,539.25 $ 0.00 ❑ Mitigated/Negative Declaration (MND)(ND) $2.548.00 $ 0.00 ❑ Certified Regulatory Program (CRP) document- payment due directly to CDFW $1,203,25 $ 0.00 Exempt from fee ® Notice of Exemption (attach) ❑ CDFW No Effect Determination (attach) ❑ Fee previously paid (attach previously Issued cash receipt copy) ❑ Water Right Application or Petition Fee (Stale Water Resources Control Board only) $850.00 $ 0.00 ❑ County documentary handling fee $ ❑ Other $ PAYMENT METHOD: ❑ Cash ❑ Credit ❑ Check ❑ Other TOTAL RECEIVED $ 0.00 SIGNATURE AGENCY OF FILING PRINTED NAME AND TITLE X DEPUTY CLERK, CLAUDIA FRANCO ORIGINAL- PROJECT APPLICANT COPY -CDMIASB COPY -LEAD AGENCY COPY -COU NTY CLERK DM 75M (Ray. 01012022) The Orange County Register 1771 S. Lewis Street Anaheim, CA 92805 714-796-2209 5211379 CNSB / CNSB-ACCOMMODATIONS 915 E 18T ST ORDER EXPEDITING LOSANGELES, CA 90012-4050 FILE NO. CNS-3545546 AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, l J} S.S. County of Orange I am a citizen of the United States and a resident of the County aforesaid; 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 Orange County Register, a newspaper of general circulation, published in the city of Santa Ana, County of Orange, and which newspaper has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, under the date of November 19, 1905, Case No. A-21046, that the notice, of which the annexed is a true 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: 01/13/2022,01120/2022 I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct: Executed at Anaheim, Orange County, California, on Date: January 20, 2022, Notice Inviting Bids NOTICE Is HEREBY GIV- EN that the City of Santa Ana will receive Bids electronically via PlanetBids on or before 12:00 Pm, January 26, 2022. No late bids will be accepted. No other method of bid submittal will be accepted a- once/purchasing. division/vendor- registration 1/13, 1/20/22 CNS-3545546# ORANGE COUNTY REGISTER PROOF OF PUBLICATION Legal No. 0011511857 0 IIIIIIIIIIallllllllllllllllllllllll�lllllllllllll411111111111111111111 * A 0 0 0 0 5 9 1 ari-�mv,a Project Number Project No. 21-2727 Cabrillo Park Irrigation Renovation X , ,, PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Change Order Number To Marina Landscape, Inc. _LL 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 1. Construct the additional fence requested by the City for the amount of $2,200. 2. Installation of a new water main line and tracer wires for the amount of $8,282.13. 3. Construct 1" water service line for the existing restroom; backflow preventer; and sawcut, remove, dispose, backfill, and connect service line to the water main line for the amount of $17,700. TOTAL AGREED PRICE = $28,182A 3 Page 1 of 2 CITY OF SANTA ANA PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number Project No. 21-2727 Cabrillo Park Irrigation Renovation Change Order Number 1 To Marina Landscape, 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 $ $28,182.13 By reason of this order the CONTRACT TIME completion will be adjusted as follows: Twenty (20) working days We the undersigned contractor have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all service necessary for the work above specified, and will accept as full payment therefor the prices shown above. Accepted, Date c1 z p 1A2z Contractor Marina Landscape, Inc. By)) W \�.UWYV'IsI Title Approval recommended b`-'l `f !� Dale L 2 % 20 Z Z— PUBLIC -rWORKS AGENCY EXECUTIVE DIRE ftft Approved by C� `-- I'� Date 2.o iL CITY MANAGER Page 2 of 2 A r-6 IAWM1 �� MT PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number Project No. 21.2727 Cabrillo Park Irrigation Renovation Change Order Number 2 To Marina Landscape, 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 slated, rates for rental of equipment cover onlysuch 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 1. Repair irrigation, grading, fix sprinkler head, etc. that were damaged by another contractor on Saturday, September 10, 2022 under T&M. TOTAL AGREED PRICE = $5,273.19 Page 1 of 2 CITY OF SANTA ANA PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number Project No. 21-2727 Cabrillo Park Irrigation Renovation Change Order Number 2 To Marina Landscape, 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 $ $5,273.19 By reason of this order the CONTRACT TIME completion vAll be adjusted as follows: Five (5) Working Days We the undersigned contractor have given careful consideration to the change proposed and hereby agree, If this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all service necessary for the work above specified, and will accept as full payment therefor the prices shown above. Accepted, Date Z Z Za L Contractor Marina Landscape, Inc. ByW-itiJ li,Title�vv-�V Approval recommended U-. \JCS Pik Date 1 Z/C.�2pZZ PUBLIC WORKS AGENCY EXECUTIVE DIRECTOR Approved by Date CI Page 2 of 2