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Home My WebLink AboutItem 13 - Award Construction Contract with Legion Contractors, Inc.Public Works Agency www.santa-ana.org/public-works Item # 13 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report September 19, 2023 TOPIC: Standard — McFadden Park Project AGENDA TITLE Approve an Appropriation Adjustment and Award a Construction Contract to Legion Contractors, Inc. in the Amount of $3,366,625 for the Standard — McFadden Park Project, with an Estimated Project Delivery Cost of $4,208,281 (Project No. 20-2729) (Non -General Fund) RECOMMENDED ACTION 1. Approve an appropriation adjustment to recognize $669,060 in revenue received from prior years into the Residential Development District 3, Park Acquisition & Development Fees revenue account and appropriate the same amount into the Residential Development District 3, Improvements Other Than Building expenditure account. (Requires five affirmative votes) 2. Approve an amendment to the FY 2023-24 Capital Improvement Program to include $669,060 in construction funds for the Standard — McFadden Park Project (Project No. 20-2729). 3. Award a construction contract to Legion Contractors, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $3,366,625, subject to change orders (not to exceed 25 percent of the base bid amount) in accordance with the Greenbook: Standard Specifications for Public Works Construction, for construction of the Standard — McFadden Park Project, for a term beginning September 19, 2023 and ending upon project completion, and authorize the City Manager to execute the contract subject to non -substantive changes approved by the City Manager and the City Attorney. 4. Approve the project cost analysis for a total estimated construction delivery cost of $4,208,281, which includes $3,366,625 for the construction contract; $504,994 for contract administration, inspection, and testing; and a $336,662 project contingency for unanticipated or unforeseen work. 5. Determine the recommended actions are exempt from further review in accordance with the California Environmental Quality Act as Categorical Exemption Environmental Review No. ER-2021-97 was filed for the project. Award Construction Contract with Legion Contractors, Inc. September 19, 2023 Page 2 DISCUSSION The Standard —McFadden Park Project will transform the existing underutilized and poorly furnished City park located at the northeast corner of Standard and McFadden Avenue (Exhibit 1) into a park with an abundance of amenities catered to serve the surrounding community. The scope of work for this project (Exhibit 2) includes the removal of the existing asphalt alley, synthetic soccer field, chain link fencing, planter boxes, landscaping, and the construction of a new concrete alley, skate park, multi- purpose basketball court, playground and fitness equipment, site furnishings, lighting, wrought iron fencing and concrete masonry walls, decorative signage, landscaping, irrigation, and a security system. Standard — McFadden Park will contribute to the health and wellness of the surrounding community by providing valuable green space and active recreational opportunities. Public Outreach and Contractor Participation To provide an opportunity for local vendors to submit bids, the City notified a total of 2,385 regional vendors via PlanetBids, many of which are Santa Ana based. Five vendors requested bidding documents and a total of five bids were received. No bids were received from any Santa Ana contractors. As legally required, a Notice Inviting Bids was advertised in the Orange County Register newspaper on June 12, 2023 and June 19, 2023. The project was also advertised in PlanetBids from June 2, 2023 through July 20, 2023. Bids were received electronically via PlanetBids on July 20, 2023. Bid Results Summary Rank Bidder's Name Location Base Bid 1 Legion Contractors Inc. San Francisco, CA $3,366,625 2 Urban Habitat La Quinta, CA $3,705,794 3 California Landscape & Design Inc. Upland, CA $3,835,313 4 Lucas Builders, Inc. La Habra, CA $3,966,162 5 KASA Construction, Inc. Chino, CA $4,599,871 A total of five bids were received, and all were deemed responsive. Legion Contractors, Inc. submitted the lowest responsive base bid in the amount of $3,366,625 (Exhibit 3). As specified in the bid documents, the lowest bid shall be determined on the basis of the Base Bid. Based on the bid analysis and a contractor's reference check, Staff recommends awarding the construction contract to Legion Contractors, Inc., in the amount of the base bid totaling $3,366,625 (Exhibit 4). Award Construction Contract with Legion Contractors, Inc. September 19, 2023 Page 3 Legion Contractors, Inc. has not performed as a prime contractor in the City of Santa Ana within the past five years. A reference check was made and received good reviews from other public agencies regarding quality of work performed by Legion Contractors, Inc. Proiect Delive To deliver a complete project, in addition to the construction contract bid amount, the estimated total project delivery cost includes construction administration, inspection, and testing, along with an allowance for contingencies to account for unexpected or unforeseen conditions. Construction administration and inspection includes construction management, workmanship, and quality; and materials testing. As indicated in the Cost Analysis (Exhibit 5) and as summarized in the table below, the estimated total construction delivery cost of the project is $4,208,281. Project Item Total Construction Contract Bid Amount $3,366,625 Construction Administration, Inspection, Testing $504,994 Contract Contingencies $336,662 TOTAL ESTIMATED CONSTRUCTION DELIVERY COST $4,208,281 ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER- 2021-97 was filed for the project. FISCAL IMPACT Project No. 20-2729 is the number assigned to the funding for tracking of all expenditures to deliver the construction of this project. As indicated in the Cost Analysis, the total construction delivery cost of the project is $4,208,281 which includes construction, contract administration, inspection, testing, and contingency. The proposed contract enables Staff to authorize a construction cost increase of up to 25% if necessary for contingencies. Staff expects to utilize other available Public Works appropriations if a contingency becomes necessary to complete the project. If there are no other available appropriations, then Staff will return to City Council with a project update and recommendations. The following table summarizes the funds budgeted and available in current FY 2023-24 (Exhibit 6) for expenditure to deliver construction of this project. Any remaining balances not expended at the end of the fiscal year will be presented to City Council for approval of carryovers to FY 2024-25. Award Construction Contract with Legion Contractors, Inc. September 19, 2023 Page 4 Fiscal Accounting Unit Fund Accounting Unit, Year _ Account No. Description Account No. Amount Project No. Description EXISTING BUDGET 16113264-66220 PRCSA 2018 Parks Bond Act 2023-24 (20-2729) Capital Grants Program, Improvements $3,248,403 Other Than Buildings Residential Acquisition & 2023-24 31313260-66220 Development Development, $290,818 (20-2729) District 3 Improvements Other Than Buildings APPROPRIATION ADJUSTMENT Residential Acquisition & 2023-24 31313260-66220 Development Development, $669,060 (20-2729) District 3 Improvements Other Than Buildings Additional Budget/Budget Reallocation Total $669,060 Complete Total $4,208,281 EXHIBIT(S) 1. Location Map 2. Site Plan 3. Bid Proposal 4. Construction Contract 5. Cost Analysis 6. CIP Project Sheet Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager EXHIBIT 1 SANTA ANA Project No. 20-2729 U=J Standard - McFadden Park PUBLIC WORKS AGENCY STANDARD and McFADDEN PARK EXHIBIT 2 ED GRANITE PATH JCTED ALLEY 4" PCC PAVING 'MENT AREA ,LLING GATE EWER POLE (PROTECT :OUNTAIN TING LLING GATE JWER POLE (PROTECT - COLLAPSIBLE SPORTS NET LE TOP FIXTURE L COURT J WALL AND FENCING mm DAVID EVANS p Q wrenASSOCIATES-- nux nth s., smm 1sa 0 r�m�, cairc��a az�e0 Pho�w: 714.885.4538 NNE 2023 CITY OF SANTA ANA EXHIBIT 3 PROPOSAL PROJECT NO.: 20-2729 STANDARD AND MCFADDEN PARK Bid Proposal TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: Legion Contractors, 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 1 Mobilization (no more than 5% 1 LS $ 160,000 $ 160,000 of total bid) 2 Clear and Grub 1 LS $ 86,000 $ 86,000 3 Construction Signage 1 LS S 5,000 $ 5,000 4 Unclassified Excavation 885 CY $ $ 125 110,625 5 Remove and Dispose of 9,350 SF $ $ Artificial Turf Soccer Field 3.50 32,725 6 Remove and Dispose of Existing 102 LF $ $ Chain Link Fence 130 13,260 7 Remove and Dispose of Existing 50 EA $ $ Bollards 100 5,000 8 Remove and Dispose of Existing 1 EA $ $ Trees and Tree Roots 4,500 4,500 9 Remove and Dispose of Existing 2 EA $ 5,000 $ 10,000 Water Service and Box to existing Co Stop & Ca 10 Remove and Dispose of Existing 1 EA $ $ Backflow Preventer and Lateral 10,000 10,000 & Cap at Main 11 6" PCC Curb 250 LF $ 75 $ 18,750 12 Rolling Gate 2 EA $ $ 12,500 25,000 13 Rubber Surfacing 2,725 SF $ 27 $ 73,575 P-1 of P-22 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-2729 STANDARD AND MCFADDEN PARK Item Description Qty Unit Unit Price Amount 14 6" Wide 0" Concrete Curb 1,036 LF $ 65 $ 67,340 15 Concrete Block Wall 780 SF $ 50 $ 39,000 16 CMU Block Wall w/ W.I. Fence 189 LF $ $ 489 92,421 17 8" Thick PCC Pavement 7,920 SF $ 24 $ 190,080 18 8" Thick PCC Basketball Court 3,520 SF $ 25 $ 88,000 19 4" Thick PCC Sidewalk 2,940 SF $ 20 $ 58,800 20 Stabilized Decomposed Granite 1,963 SF $ 10 $ 19,630 Material 21 Site Fence and Pedestrian Swing 401 LF $ 310 $ 124,310 Gate and Arch 22 Park Sign at Site Fence 1 EA $ 11,000 $ 11,000 23 Concrete Bridge within Park 3 EA $ 15,000 $ 45,000 24 Concrete Bridge at Bus Stop 1 EA $ 18,000 $ 18,000 25 Regulatory Signage - Park 3 EA $ $ 4,000 12,000 26 Rock Cobble Swale 12 TN $ $ 1,800 21,600 27 Shade Sail Structure 1 LS $ $ 205,000 205,000 28 Basketball Court Pole, 1 LS $ $ Backboard, Net 29,000 29,000 29 Basketball Court Marking and 1 LS $ $ Striping 19,000 19,000 30 Play Equipment 1 LS $ 125,000 $ 125,000 31 Fitness Equipment 1 LS $ 52,000 $ 52,000 32 Skate Park 1 LS $ $ 390,000 390,000 33 Park Lights and Lighting System 1 LS $ 405,000 $ 405,000 34 Modular Wetland System 1 EA $ $ (MWS-L-4-5'-11"-V) 65,000 65,000 P-2 of P-22 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-2729 STANDARD AND MCFADDEN PARK Item Description Qty Unit Unit Price Amount 35 Modular Wetland System 1 EA $ 65,000 $ 65,000 (MWS-L-4-5'-8"-V) 36 12"xl2" Grated Inlet with 2 EA $ 3,000 $ 6,000 Geotextile Fabric 37 12"x12" Grated Inlet with 8 EA $ $ Flogard Insert Filter 4,000 32,000 38 18"x18" Grated Inlet with 1 EA $ 5,000 $ 5,000 Flogard Insert Filter 39 3" SDR-35 PVC Storm Drain 28 LF $ $ 1,680 60 40 6" SDR-35 PVC Storm Drain 530 LF $ 85 $ 45,050 41 12" SDR-35 PVC Storm Drain 63 LF $ 105 $ with catch basin tie-in 6,615 42 3/4" SCH 40 Water Line 165 LF $ 60 $ 9,900 43 3/4" Ball Valve 2 EA $ $ 2,000 4,000 44 Planting - Trees (24" Box) 39 EA $ $ 750 29,250 45 Planting Area - Shrubs and 9,786 SF $ 5 $ 48,930 Ground Cover 46 Soil Preparation and Amendment 13,766 SF $ 1.19 $ 16,381.54 47 3" Thick Wood Mulch 91 CY $ 100 $ 9,100 48 Marathon Turf 3,980 SF $ 3 $ 11,940 49 Irrigation System 13,766 SF $ 10.50 $ 144,543 50 90 Calendar Days Landscape and 1 EA $ $ Irrigation Maintenance 5,000 5,000 51 6' Bench 5 EA $ 3,500 $ 17,500 52 Bike Rack 4 EA $ 450 $ 1,800 53 Trash Receptacle 4 EA $ $ 700 2,800 54 Dining Table and Chairs Set 3 EA $ $ 4,500 13,500 55 Drinking Fountain 2 EA $ 8,000 $ 16,000 P-3 of P-22 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-2729 STANDARD AND MCFADDEN PARK Item Description Qty Unit Unit Price Amount 56 Construction Permit 1 LS $10,000 $ 10,000 57 Landscape Boulder 17 EA $ 1,400 $ 23,800 58 Project Advertisement Sign 1 LS $ $ 4,500 4,500 59 3D Learning Elements 3 EA $ 3,000 $ 9,000 60 6" Wide Concrete Mow Curb at 179 LF $ 150 $ 26,850 Rubber Surfacing 61 PCC Alley Driveway and Apron 1 EA $ 25,000 $ 25,000 62 Goalpher Soccer Goal 1 EA $ $ 20,000 20,000 63 36" Diameter Detention Basin 118 LF $ 150 $ Pipe 17,700 64 1" Domestic Water Service 1 EA $ 3,500 $ 3,500 65 2" Irrigation Water Service 1 EA $ 3,500 $ 3,500 66 2" Reduced Pressure Backflow 1 EA $ 5,500 $ 5,500 Devices (RPBD) 67 8" PCC Curb and Gutter 15 LF $ 250 $ 3,750 68 12" Atrium Grate 4 EA $ 2,500 $ 10,000 69 4" Rolled Curb 22 LF $ 160 $ 3,520 70 24" Wide AC Pavement Trench 42 LF $ 200 $ 8,400 Pavement 71 Security Camera System 1 LS $ 68,000 $ 68,000 P-4 of P-22 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-2729 STANDARD AND MCFADDEN PARK Item Description Qty Unit Unit Price Amount TOTAL BASE BID $ 3,366,625.54 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). P-5 of P-22 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-2729 STANDARD AND MCFADDEN PARK 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 120 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 $4,400.00 per calendar day. Name of Firm Legion Contractors, Inc. - Corporation Signature of BIDDER Title President, Secretary, Treasurer and Manager (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.) P-6 of P-22 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-2729 STANDARD AND MCFADDEN 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 Legion Contractors, Inc. - Signature of BIDDER Amir Movafegh Title _President, Secretary, Treasurer and Manager (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.) P-7 of P-22 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-2729 STANDARD AND MCFADDEN 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: Legion Contractors, Inc. - Corporation Business Address: 16008 Sky Park Cir., Suite 290, Irvine, CA 92614 Business E-Mail Address: I rfo@LegionContractors.com Telephone: 415-655-3535 State Contractor's License No, and Class: 1061257, Classes: A, B, C15. C36, C61/D12, C61/D34 License Expiration Date: 12/31 /2023 State Dept. of Industrial Relations (DIR) Registration No.: PW-LR-1000543172 State Dept. of Industrial Relations (DIR) Registration Ex it ion • at 6/30/2024 Signed: VYV Title: President P-8 of P-22 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-2729 STANDARD AND MCFADDEN PARK Prevailine Wage Comoliance 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 Legion Contractors, Inc. Signature of BIDDER Title President (if an individual, so state) P-9 of P-22 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-2729 STANDARD AND MCFADDEN PARK Ownership Affidavit STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS: CITY OF SANTA ANA ) Amir Movafegh , being duly sworn, deposes and says: ❑ INDIVIDUAL That he/she is the party making the foregoing proposal: ❑ PARTNERSHIP That he/she is a member of the co -partnership firm designated as: and who has been and is duly vested with the authority to make and execute instruments for the co -partnership by: who constitute the other members of the co -partnership. ❑x CORPORATION That he is of 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 advantage against the City of Santa Ana or any person interested in the proposed contract, for himself or any other person. P-10 of P-22 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-2729 STANDARD AND MCFADDEN PARK Signature of Bidder Subscribed and sworn to before me this day of 20 Signature of officer Administering Oath (Notary Public) SEE ATTACHED P-11 of P-22 JU RAT 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 [))Can ,e- Subscribed and sworn to (or affirmed) before me on this () � 14- day of J4g by —ALA n 1 r ly o\ja+-cen �— 2023 , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Signatur JENNIFER PHCVW ACHARiNH s comm,al'im # ra..... 3 = Notary Public - Caidomis ORANGE County My Comm Expires FES 16, 2026 E (Seal) Bond No.: LEGCO-166 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-2729 STANDARD AND MCFADDEN PARK KNOW ALL PRESENT that, Legion Contractors, Inc. as BIDDER, and Great Midwest Insurance Company as SURETY, are held and firmly bound unto the CITY OF SANTA ANA, as AGENCY, in the penal sum of Ten Percent Of The Total Amount Bid Dollars ($ 10% Of Bid ), 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 17th day of July , 20 23 . BIDDER* M By: Inc. - Address: 18008 Sky Park Cir„ Suite 290, Irvine, CA 92614 - Phone: 415-655-3535 Amir Movafegh, President - Address: 18008 Sky Park Cir., Suite 290, Irvine, CA 92614 - Phone: 415-655-3535 x102 SURETY* Great Midwest Insurance Company, 800 Gessner Road, Suite 600, Houston TX 77024, Telephone: (720) 912-0640 Matthew R. Doh ns Attorney- i r-F act, 1633 E. Fourth Street, Suite 228, Santa Ana, CA 92701, Telephone: (714) 541-4700 Subscribed and sworn to before me 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. see— u u CIn'U� J'6 CA'(WteWt f�v- �IrP1 PC5 cicll�c� � P-12 of P-22 POWER OF ATTORNEY Great Midwest Insurance Company KNOW ALL MEN BY THESE PRESENTS, that GREAT MIDWEST INSURANCE COMPANY, a Texas Corporation, with its principal office in Houston, TX, does hereby constitute and appoint: Randy Spohn, Matthew R. Dobyns, Hamilton Kenney, Ashley M. Spohn its true and lawful Attorney(s)-In-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or other writings obligatory in nature of a bond This authority is made under and by the authority of a resolution which was passed by the Board of Directors of GREAT MIDWEST INSURANCE COMPANY, on the 11� day of October, 2018 as follows: Resolved, that the President, or any officer, be and hereby is, authorized to appoint and empower any representative of the Company or other person or persons as Attorney -In -Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in nature of a bond not to exceed Ten Million dollars ($10,000,000 00), which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney -In -Fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. Any Attorney -In -Fact, so appointed, may be removed in the Company's sole discretion and the authority so granted may be revoked as specified in the Power of Attorney Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney granted, nd the signature of the Secretary, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such ower or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed nd certificate so executed and sealed shall, with respect to any bond of undertaking to which it is attached, continue to be valid and binding on the ompany. IN WITNESS THEREOF, GREAT MIDWEST INSURANCE COMPANY, has caused this instrument to be signed by its President, and its a Seal to be affixed this 11th day of February, 2021 OORF ORATE SEAL ACKNOWLEDGEMENT GREAT MIDWEST INSURANCE COMPANY BY Mark W. Haushill President On this 11th day of February, 2021, before me, personally came Mark W. Haushill to me known, who being duly sworn, did depose and Fy that he is the President of GREAT MIDWEST INSURANCE COMPANY, the corporation described in and which executed the above instrument; at he executed said instrument on behalf of the corporation by authority of his office under the By-laws of said corporation. tit'"vrr'� CHRISTINA BISHOP Not" Public, State of Texas r Comm. Expires 04•14-2026 "•eft J, ��'' Notary ID 1310904e8 CERTIFICATE BY Christina Bishop Notary Public I, the undersigned, Secretary of GREAT MIDWEST INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIFY that original Power of Attorney of which the foregoing is a true and correct copy, is in full force and effect and has not been revoked and the resolutions set forth are now in force. Signed and Sealed at Houston, TX this 17th ^_ry Day of July 2023 BY — dqAj �)V\\, Leslie K. Shaunty Secretary "WARNING: Any person who knowingly and with intent to defraud Any insurance company or other person, files and application for insurance of clai containing any materially false information, or conceals for the purpose of misleading, information concerning any fact material thereto, commits fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties. CALIFORNIA ALL-PURPOSE 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 r ORANGE �r On AD26% before me, ERIKA G. MORGAN, NOTARY PUBLIC, personally appeared MATTHEW R. DOBYN El who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/heF/their authorized capacity fies), and that by his/her/their signaturef) on the instrument the personal, or the entity upon behalf of which the person(s) acted, executed the instrument. ERIKA G. MORGAN COMM. #23WIS NOTARY PUBLIC • CAUFOW ORANGE Couem Comm. E ken 5 2M RMWMA I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. lioj - " n' tt a of N ry OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE § 8202 E-�Se-e Attached Document (Notary to cross out lines 1-6 below) ❑ See Statement Below (Lines 1-6 to be completed only by document signer[s], not Notary) Signature of Document Signer No. 1 Signature of Document Signer No. 2 (if any) A notary public or other officer completing this certificate verifies only the identity ofthe 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 JEFFREY QUOC NGUYEN Notary Public • California g z ' - Orange County K Commission 0 242 f 104 My Comm. Ex]ires Oct ia, 2026 Place Notary Seal and/or Stamp Above Subscribed and sworn to (or affirmed) before me � �2 on this � 1day of J" 20�, by Date onth Year (1) hmlr Y►'la\rGt -Pe _C�n (a n'04 ), NoM of Signer ) proved to me on the basis of satisfactory evidence to be the person(s) who Appeared before me. Signatu q�,' 1#7tgnature of Notary Public 1111T1- A I Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ead &YL�J Document Date: m Number of Pages: Signers) Other Than Named Above: 02017 National Notary Association CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-2729 STANDARD AND MCFADDEN 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: o Streets, highways including bridge projects: ''/z% 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 the work to the firms listed below: Name D21- Construction, Inc. License #/Exp. 1065415 / Expires 04/30/2024 DIR Reg. #/Exp. 1000604650 / Expires 06/30/2024 Location 543 Palisades Dr., Pacific Palisades, CA Phone (310) 422-3584 Type Of Work Electrical Amount $ 150,000 Name Raygoza Landscaping License #/Exp. 1017008 / Expires 08/31/2024 DIR Reg. #/Exp. 1000046245 / Expires 06/30/2024 License # 1017008 Class: C27 , C61/D49 Location 2373 Los Flores Street, Pomona, CA 91767 Phone (909) 917-4478 Type Of Work Landscaping & Irrigation Amount $ 144,000 Name Zuma Construction Group, Inc. License #/Exp. 1071624 / Expires 01/31/2024 DIR Reg. #/Exp. 1000888324 / Expires 06/30/2024 Location 3649 Birdsong Ave., Thousand Oaks, CA 91360 Phone (310) 486-8201 Type Of Work Fencing Amount $ 165,000 Name Robertson Industries, Inc. License #/Exp. 667261 / Expires 03/31/2025 DIR Reg. #/Exp. 1000002700 / Expires 06/30/2024 License # 667261 Class: C61/D12 Location 2140 East Cedar Street, Tempe, AZ 85281 Phone (800) 858-0519 Type Of Work Turf Amount $ $65,400 Name Siemens Industry, Inc. Name Truel-ine Construction & Surfacing Inc. License #/Exp. 758796 / Expires 02/28/2025 License #/Exp. 662625 / Expires 02/29/2024 DIR Reg. #/Exp. 1000002447 / Expires 06/30/2024 DIR Reg. #/Exp. 1000006579 / Expires 06/30/2026 License # 758796 Class: C10, C16, C20, B License # 662625 Class: C32, A Location Branch: 6141 Katella Avenue, Cypress, CA 90630 Location 12397 Doherty Street, Riverside, CA 92503 Phone (657) 413-8648 Phone (951) 817-0770 Type Of Work Video Systems Type Of Work Basketball Court Surfacing Amount $ $62,697.23 Amount $ $13,380 Signature of Bidder Amir Mov f gh, President P-13 of P-22 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-2729 STANDARD AND MCFADDEN 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: o Streets, highways including bridge projects: '/2% of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: '/a% 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 California Skateparks License #/Exp. 962150 / Expires 06/30/2025 DIR Reg. #/Exp. 1000016308 / Expires 06/30/2025 Location 273 N Benson Ave, Upland, CA 91786 Phone (909) 949-1601 Type Of Work Skate Park Amount $ $353,000 Name License #/Exp. DIR Reg. #/Exp. License # _ Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # _ Location _ Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # _ Location _ Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # _ Location _ Phone Type Of Work Amount $ Signature of Bidder Amir Mov f gh, President P-13 of P-22 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-2729 STANDARD AND MCFADDEN 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. l , City of Huntington Beach - 2000 Main Street, Huntington beach, CA 92648 Name and Address of Owner. Brian Polivka - (714) 536-5525 Name and Telephone Number of person familiar with project. $2,800,000 Park Renovation 12/30/2022 Contract Amount Type of Work Date Completed 2. San Jose Unified School District - 855 Lenzen Ave., San Jose, CA 95126 Name and Address of owner. Mohammad Mhanna - (650) 440-8861 Name and Telephone Number of person familiar with project. $3,400,000 School & Playground Modernization 11/30/2021 Contract Amount Type of Work Date Completed 3. Camp Fire Angeles (City of Long Beach) - 7070 E. Carson St., Long Beach, CA 90808 Name and Address of owner. Danny Kaye - (818) 986-9870 Name and Telephone Number of person familiar with project. $1,750,000 Park Renovation 01/20/2023 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. Insurance: Federated Mutual Insurance Company - P.O. Box 486, Owatonna, MN 55060-0486 Contact: Austin Bond - (913) 980-8790 Surety: Great Midwest Insurance Company - 800 Gessner Rd., Suite 600, Houston, TX 77024 Agent: R S Bonding & Insurance Agency, Inc. - 1633 E. 4th St., Suite 228, Santa Ana, CA 92701 Contact: Randy Spohn - (714) 541-4700 P-14 of P-22 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-2729 STANDARD AND MCFADDEN PARK 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. l . Glendale Community College District - 1500 N Verdugo Rd, Glendale, CA 91208 Name and Address of Owner. Silva Sorkazian - (818) 551-5221 Name and Telephone Number of person familiar with project. $2,070,000 Campus Renovation - DSA #03-120226 12/31/2020 Contract Amount Type of Work Date Completed 2. Buena Park School District - 6885 Orangethorpe Ave., Buena Park, CA 90620 Name and Address of owner. Jeff Thomas - (714) 315-2299 Name and Telephone Number of person familiar with project. $750,000 Shade Structure & Playground Renovation 06/ 30/2023 Contract Amount Type of Work Date Completed 3. City of Palo Alto - 250 Hamilton Ave., Palo Alto, CA 94301 Name and Address of owner. Peter Jensen - (650) 617-3183 Name and Telephone Number of person familiar with project. $1,400,000 Tennis Court & Park Renovation 11/18/2022 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. Insurance: Federated Mutual Insurance Company - P.O. Box 486, Owatonna, MN 55060-0486 Contact: Austin Bond - (913) 980-8790 Surety: Great Midwest Insurance Company - 800 Gessner Rd., Suite 600, Houston, TX 77024 Agent: R S Bonding & Insurance Agency, Inc. - 1633 E. 4th St., Suite 228, Santa Ana, CA 92701 Contact: Randy Spohn - (714) 541-4700 P-15 of P-22 CITY OF SANTA ANA PROPOSAL s PROJECT NO.: 20-2729 STANDARD AND MCFADDEN PARK Non -Collusion Affidavit (Title 23 United States Code Section 112 and Public Contract Code Section 7106) In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. BIDDERS are cautioned thar� false certification may subject the certifier to criminal prosecution. Signed President State of California County of Subscribed and sworn to (or affirmed) before me on this day of , 20_, by proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me SEE ATTACHED Notary Public Signature Notary Public Seal P-16 of P-22 JUFAT 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 Califor,gqia County of Subscribed and sworn to (or affirmed) before me on this ❑ (o day of �'T20 2J by Mc>valee"q proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. JENMIFER PHC.. A%0HARRVH Commi"W O Y3 IQ Signature L* NOWY P+hkc • California ORANGE Canty My COM UP* FES 16. 2026 (Seal) CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-2729 STANDARD AND MCFADDEN 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 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-17 of P-22 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-2729 STANDARD AND MCFADDEN PARK 7. The Contractor shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request that the United States enter into such litigation to protect the interests of the United States. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any contractor of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: j Title: President Firm: Legion Contractors, Inc. Date: July 20, 2023 P-18 of P-22 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-2729 STANDARD AND MCFADDEN 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 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 contractors, except contractors not signatory to the trust agreement shall pay a like amount to the California Apprenticeship Council. Signed: Title: President Firm: Legion Contractors, Inc. Date: July 20, 2023 P-19 of P-22 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-2729 STANDARD AND MCFADDEN 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 prohibited from inducing, by any means, any person employed in the construction or repair of public work, to give up any part of the compensation to which he/she is otherwise entitled. Signed: r Title: President Firm: Legion Contractors, Inc. Date: July 20, 2023 P-20 of P-22 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-2729 STANDARD AND MCFADDEN PARK 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-21 of P-22 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-2729 STANDARD AND MCFADDEN PARK P-22 of P-22 1111111111111111111111 SEp°FTs. STATE OF CALIFORNIA Office of the Secretary of State e i A•. v ;w m` STATEMENT OF INFORMATION o; CORPORATION ' California Secretary of State 1500 11th Street Sacramento, California 95814 (916) 653-3516 Entity Details Corporation Name LEGION CONTRACTORS, INC Entity No. 4282259 Formed In CALIFORNIA Street Address of Principal Office of Corporation Principal Address 18008 SKY PARK CIR 290 IRVINE, CA 92614 Mailing Address of Corporation Mailing Address 18008 SKY PARK CIR 290 IRVINE, CA 92614 Attention Street Address of California Office of Corporation Street Address of California Office 18008 SKY PARK CIR 290 IRVINE, CA 92614 Officers Officer Name Officer Address Position(s) 0 AMIR MOVAFEGH 18008 SKY PARK CIR Chief Executive Officer, Secretary, Chief Financial Officer 290 IRVINE, CA 92614 Additional Officers Officer Name Officer Address Position Stated Position None Entered Directors Director Name Director Address 0 Amir Movafegh 18008 SKY PARK CIR 290 IRVINE, CA 92614 The number of vacancies on Board of Directors is: 0 Agent for Service of Process Agent Name AMIR MOVAFEGH Agent Address 18008 SKY PARK CIR 290 IRVINE, CA 92614 Type of Business Type of Business CONSTRUCTION Email Notifications Opt -in Email Notifications Yes, I opt -in to receive entity notifications via email. W 0 7J 0 cD N- c rD t5' w N- h 0 n N- w w 0 0 n fD Ft sy n 0 h w Ft w rt fD Labor Judgment I Page 1 of 2 No Officer or Director of this Corporation has an outstanding final judgment issued by the Division of Labor Standards Enforcement or a court of law, for which no appeal therefrom is pending, for the violation of any wage order or provision of the Labor Code. Electronic Signature ® By signing, I affirm that the information herein is true and correct and that I am authorized by California law to sign. Amir Mova fegh 0311712023 Signature Date EXHIBIT 4 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 20-2729 STANDARD — MCFADDEN PARK This CONSTRUCTION CONTRACT is made and entered into this 19th day of September, 2023 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 Legion Contractor's, Inc. (hereinafter "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 Standard — McFadden 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 • 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 Three Million Three Hundred Sixty -Six Thousand Six Hundred Twenty -Five Dollars and Fifty -Four Cents ($3,366,625.54), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A," and in accordance with Section 2-7.1 of the Greenbook: Standard Specifications for Public Works Construction. 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. Page 1 of 4 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 20-2729 STANDARD — MCFADDEN 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. 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 CWA. The CWA may be found on the City's website at: http://www.santa-ana.ora//pwa/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%) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100%) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY. 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 Thousand Dollars ($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; Page 2 of 4 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 20-2729 STANDARD — MCFADDEN PARK (ii) Performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of any of the obligations under the Contract Documents; (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. Subcontracts, if any, shall contain a provision making them subject to all of the provisions stipulated in this Construction Contract. With respect to any conflict between such federal requirements and the terms of this Construction Contract and/or the provisions of state law and except as otherwise required under federal law or regulation, the more stringent requirement shall control. [signature page to follow] [This space intentionally left blank] Page 3 of 4 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 20-2729 STANDARD — MCFADDEN PARK IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: JENNIFER L. HALL City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney JOSE MONTOYA Assistant City Attorney RECOMMENDED FOR APPROVAL: NABIL SABA, PE Executive Director Public Works Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager CONTRACTOR: Legion Contractor's, Inc. NAME: AMIR M O V AFEGH TITLE: President Page 4 of 4 CITY OF SANTA ANA Exhibit A PROPOSAL PROJECT NO.: 20-2729 STANDARD AND MCFADDEN PARK Bid Proposal TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: Legion Contractors, 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 1 Mobilization (no more than 5% 1 LS $ 160,000 $ 160,000 of total bid) 2 Clear and Grub 1 LS $ 86,000 $ 86,000 3 Construction Signage 1 LS S 5,000 $ 5,000 4 Unclassified Excavation 885 CY $ $ 125 110,625 5 Remove and Dispose of 9,350 SF $ $ Artificial Turf Soccer Field 3.50 32,725 6 Remove and Dispose of Existing 102 LF $ $ Chain Link Fence 130 13,260 7 Remove and Dispose of Existing 50 EA $ $ Bollards 100 5,000 8 Remove and Dispose of Existing 1 EA $ $ Trees and Tree Roots 4,500 4,500 9 Remove and Dispose of Existing 2 EA $ 5,000 $ 10,000 Water Service and Box to existing Co Stop & Ca 10 Remove and Dispose of Existing 1 EA $ $ Backflow Preventer and Lateral 10,000 10,000 & Cap at Main 11 6" PCC Curb 250 LF $ 75 $ 18,750 12 Rolling Gate 2 EA $ $ 12,500 25,000 13 Rubber Surfacing 2,725 SF $ 27 $ 73,575 P-1 of P-22 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-2729 STANDARD AND MCFADDEN PARK Item Description Qty Unit Unit Price Amount 14 6" Wide 0" Concrete Curb 1,036 LF $ 65 $ 67,340 15 Concrete Block Wall 780 SF $ 50 $ 39,000 16 CMU Block Wall w/ W.I. Fence 189 LF $ $ 489 92,421 17 8" Thick PCC Pavement 7,920 SF $ 24 $ 190,080 18 8" Thick PCC Basketball Court 3,520 SF $ 25 $ 88,000 19 4" Thick PCC Sidewalk 2,940 SF $ 20 $ 58,800 20 Stabilized Decomposed Granite 1,963 SF $ 10 $ 19,630 Material 21 Site Fence and Pedestrian Swing 401 LF $ 310 $ 124,310 Gate and Arch 22 Park Sign at Site Fence 1 EA $ 11,000 $ 11,000 23 Concrete Bridge within Park 3 EA $ 15,000 $ 45,000 24 Concrete Bridge at Bus Stop 1 EA $ 18,000 $ 18,000 25 Regulatory Signage - Park 3 EA $ $ 4,000 12,000 26 Rock Cobble Swale 12 TN $ $ 1,800 21,600 27 Shade Sail Structure 1 LS $ $ 205,000 205,000 28 Basketball Court Pole, 1 LS $ $ Backboard, Net 29,000 29,000 29 Basketball Court Marking and 1 LS $ $ Striping 19,000 19,000 30 Play Equipment 1 LS $ 125,000 $ 125,000 31 Fitness Equipment 1 LS $ 52,000 $ 52,000 32 Skate Park 1 LS $ $ 390,000 390,000 33 Park Lights and Lighting System 1 LS $ 405,000 $ 405,000 34 Modular Wetland System 1 EA $ $ (MWS-L-4-5'-11"-V) 65,000 65,000 P-2 of P-22 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-2729 STANDARD AND MCFADDEN PARK Item Description Qty Unit Unit Price Amount 35 Modular Wetland System 1 EA $ 65,000 $ 65,000 (MWS-L-4-5'-8"-V) 36 12"xl2" Grated Inlet with 2 EA $ 3,000 $ 6,000 Geotextile Fabric 37 12"x12" Grated Inlet with 8 EA $ $ Flogard Insert Filter 4,000 32,000 38 18"x18" Grated Inlet with 1 EA $ 5,000 $ 5,000 Flogard Insert Filter 39 3" SDR-35 PVC Storm Drain 28 LF $ $ 1,680 60 40 6" SDR-35 PVC Storm Drain 530 LF $ 85 $ 45,050 41 12" SDR-35 PVC Storm Drain 63 LF $ 105 $ with catch basin tie-in 6,615 42 3/4" SCH 40 Water Line 165 LF $ 60 $ 9,900 43 3/4" Ball Valve 2 EA $ $ 2,000 4,000 44 Planting - Trees (24" Box) 39 EA $ $ 750 29,250 45 Planting Area - Shrubs and 9,786 SF $ 5 $ 48,930 Ground Cover 46 Soil Preparation and Amendment 13,766 SF $ 1.19 $ 16,381.54 47 3" Thick Wood Mulch 91 CY $ 100 $ 9,100 48 Marathon Turf 3,980 SF $ 3 $ 11,940 49 Irrigation System 13,766 SF $ 10.50 $ 144,543 50 90 Calendar Days Landscape and 1 EA $ $ Irrigation Maintenance 5,000 5,000 51 6' Bench 5 EA $ 3,500 $ 17,500 52 Bike Rack 4 EA $ 450 $ 1,800 53 Trash Receptacle 4 EA $ $ 700 2,800 54 Dining Table and Chairs Set 3 EA $ $ 4,500 13,500 55 Drinking Fountain 2 EA $ 8,000 $ 16,000 P-3 of P-22 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-2729 STANDARD AND MCFADDEN PARK Item Description Qty Unit Unit Price Amount 56 Construction Permit 1 LS $10,000 $ 10,000 57 Landscape Boulder 17 EA $ 1,400 $ 23,800 58 Project Advertisement Sign 1 LS $ $ 4,500 4,500 59 3D Learning Elements 3 EA $ 3,000 $ 9,000 60 6" Wide Concrete Mow Curb at 179 LF $ 150 $ 26,850 Rubber Surfacing 61 PCC Alley Driveway and Apron 1 EA $ 25,000 $ 25,000 62 Goalpher Soccer Goal 1 EA $ $ 20,000 20,000 63 36" Diameter Detention Basin 118 LF $ 150 $ Pipe 17,700 64 1" Domestic Water Service 1 EA $ 3,500 $ 3,500 65 2" Irrigation Water Service 1 EA $ 3,500 $ 3,500 66 2" Reduced Pressure Backflow 1 EA $ 5,500 $ 5,500 Devices (RPBD) 67 8" PCC Curb and Gutter 15 LF $ 250 $ 3,750 68 12" Atrium Grate 4 EA $ 2,500 $ 10,000 69 4" Rolled Curb 22 LF $ 160 $ 3,520 70 24" Wide AC Pavement Trench 42 LF $ 200 $ 8,400 Pavement 71 Security Camera System 1 LS $ 68,000 $ 68,000 P-4 of P-22 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-2729 STANDARD AND MCFADDEN PARK Item Description Qty Unit Unit Price Amount TOTAL BASE BID $ 3,366,625.54 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). P-5 of P-22 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-2729 STANDARD AND MCFADDEN PARK 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 120 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 $4,400.00 per calendar day. Name of Firm Legion Contractors, Inc. - Corporation Signature of BIDDER Title President, Secretary, Treasurer and Manager (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.) P-6 of P-22 EXHIBIT 5 COST ANALYSIS CONSTRUCTION OF PROJECT NO. 20-2729: Standard - McFadden Park Project Construction Contract $ 3,366,625.54 Contract Administration, Inspection and Testing $ 504,993.83 Contin encies $ 336,662.55 TOTAL ESTIMATED CONSTRUCTION COSTS 1 $ 4,208,281.93 PROJECT TITLE: Standard -McFadden Park PROJECT CATEGORY: City & Park Facility Improvements Park Facility LOCATION MAP cn u, W 7 Q fu a A to Harwood N A EXHIBIT 6 CITY OF SANTA ANA FY 23/24CIP CAPITAL IMPROVEMENT PROJECT WORKSHEET PROJECT DESCRIPTION: The project develops the existing vacant, unused parcel of land into a new park, which would include a skate area, exercise area, playground area, walking loop, open space and basketball court. The project will also include drought tolerant landscaping, river -rock bio-swale, and a picnic area. For security and safety, a complete lighting system will be included as well as fencing to act as a barrier between the park and street. PROJECT NEED: The Standard - McFadden Park Project will transform the existing underutilized and poorly furnished City park located at the northeast corner of Standard and McFadden Avenue into a park with an abundance of amenities catered to serve the surrounding community. PROJECT COSTS FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 Construction 3,366,625 - - - - - - Contingency 336,662 Engineering 614,176 Other 351,597 TOTAL 4,669,060 SOURCE OF FUNDS FY 23124 FY 24125 FY 25126 FY 26127 FY 27128 FY 28129 FY 29130 2018 Parks Bond Act 3,600,000 - - - - - - A & D District 3 1,069,060 TOTAL 4,669,060 - - AGENCY: DIVISION: CONTACT: DATE: Public Works CIP Engineering Gabriel Guerrero-Gabany, Civil Engineer 19-Sep-2023