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GREEN GIANT LANDSCAPE, INC. (8)
yV? Recording Requested By, Recorded in Official Records, Orange County And When Recorded Mail To: Hugh Nguyen, Clerk- Recorder Clerk of ffie Council, City Ana NO FEE 20 Civic CentePlazaP OBo 188 1 it 11111111111itl111111111111111111311111I111111111111111 Santa Ana, CA 92702 2013000519045 2:37 pm 09104113 48 415 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 LA; NOTICE OF COMPLETION �. XJ wiN , C 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 a construction of Edna Park Improvements under contract entered into on March 5, 2012 with o Green Giant Landscape, Inc., on which contract Philadelphia Indemnity Insurance Companies is w surety. The property on which such work improvement was placed is in the City of Santa Ana, oCounty of Orange, State of California, and described as Project Nos. 09 -6036 located at Edna o z Park. The work improvement on said property was accepted as completed on August 19, 2013. zW�y W CITY OF SANTA AN ' /A v UNICIPAL I&ORATION O - l p by r w 7�� Dated: d Actin; City Engineer z 6 TITLE ------------------------------------------------------------------------------------------- VERIFICATION I, the undersigned, say: I am the Acting City Engineer 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 qeclFe under penalty of perjury that the facts therein stated are true. Executed on ✓ at Santa Ana, Ca rnia r (Signatare of individual swearing that the contents of Notice of Completion are true.) THIS NOTICE OF COMPLETION MUST BE RECORDED WITHIN TEN (10) DAYS AFTER COMPLETION REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 5, 2012 TITLE: CONTRACT AWARD FOR EDNA PARK IMPROVEMENTS (PROJECT NO. 096036) < '?�'"6 CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ff As Recommended A ❑ As Amended ❑ Ordinance on 15` Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Award a contract to Green Giant Landscaping, Inc., the lowest responsible bidder, in accordance with unit bid prices for the base bid plus alternates one and two in the estimated amount of $264,000 for construction of the Edna Park Improvements. 2. Approve a funding analysis with a total estimated construction cost of $369,600. DISCUSSION Edna Park is a 2.6 -acre park north of Seventeenth Street running along the west side of the Santa Ana River at Santa Ana River Recreational Trail (Exhibit 1). It has historically served as a neighborhood park; however, its function as a trailside rest area has grown due to its proximity and connection to the recreational trail. Project improvements will support the needs of all these users and include a complete restroom renovation, new drinking fountains, water bottle refilling station, improved picnic areas, and enhanced lighting and landscaping. In addition, an equestrian area with hitching posts and water trough will be installed. The Notice Inviting Bids was advertised on December 14 and 15, 2011, with outreach efforts made to 17 Santa Ana contractors. Bids were opened on January 17, 2012. A summary of the bid notices and bid results follows: Contractors requesting bidding documents: 19 Santa Ana contractors receiving notices: 17 Total bids received: 16 Bids received from Santa Ana contractors: 1 Contract Award for Edna Park Improvements March 5, 2012 Page 2 NAME OF RESPONSIVE BIDDER 1. Green Giant Landscape, Inc. 2. Micon Construction, Inc. 3. Lehman Construction, Inc. 4. Patscheck Construction, Inc. 5. Kasa Construction, Inc. 6. Ted Enterprises, Inc. 7. Fleming Environmental 8. American Building Solutions, Inc. 9. Alpha 1 Construction, Inc. 10. Rezman, Inc. 11. Ace CD, Inc. 12. Hondo Company, Inc. 13. O'Connell Engineering Construction, Inc. 14. STL Landscape, Inc. 15. Unique Performance Construction 16. C.S. Legacy, Inc. CITY La Habra Placentia Tustin Costa Mesa Ontario San Clemente Fullerton San Fernando Santa Fe Springs Brea Glendora Santa Ana Winchester Los Angeles Costa Mesa Chino The Engineer's estimate for this project was $242,000. A total of 16 were deemed responsive. The bid documents require the contractor t o lowest base bid. The lowest base bid was submitted by Green $219,000. BASE BID AMOUNT $219,000.00 $224,672.08 $229,785.00 $229,820.00 $235,999.00 $240,700.00 $243,685.00 $249,500.00 $254,824.00 $257,981.00 $258,700.00 $258,960.00 $279,000.00 $288,000.00 $332,000.00 $333,277.00 bids were received and all be selected based on the Giant Landscape, Inc. for A bid protest was submitted by the third - lowest bidder, Lehman Construction Inc., stating that the first and second low bidders failed to list a flooring subcontractor (Exhibit 2). A bid protest hearing was held on February 2, 2012; the protest was overruled with the conclusion that the failure to list the subcontractor did not provide an advantage to the low bidder nor did it disadvantage any of the other bidders and did not affect the outcome of the bid. Green Giant is the lowest responsible bidder (Exhibit 3). Therefore, staff recommends awarding base bid plus alternates one and two to Green Giant Landscape, Inc. in the amount of $264,000. ENVIRONMENTAL IMPACT Environmental Review #ER- 2006 -170 has been completed, and a Notice of Determination and Negative Declaration have been filed pursuant to the California Environmental Quality Act. A Certificate of Categorical Exclusion has been filed pursuant to the National Environmental Protection Act. Contract Award for Edna Park Improvements March 5, 2012 Page 3 FISCAL IMPACT The funding analysis shows a total estimated construction cost of $369,600 for the project (Exhibit 4). Funds are available in the State Resources Agency Grant Fund (accounting unit 16113262- 66220) and the Park Acquisition and Development Fund (accounting unit 31113260- 66220). r Raul Godinez I Executive Dire or Public Works Agency APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency Gerardo Mouet Executive Director Parks, Recreation, and Community Services Agency RG /KW Exhibits: 1. Project Location Map 2. Protest Letter 3. City Response 4. Funding analysis I� �I I Iw J a Q } I� �W H �N a I� .J I n �� II 0-i � I i P �P �P ,o rN II �a I -y, 11111111 1111111111 ` - -- - - - -- -- 17TH ST i Edna Park EXHIBIT 1 SANTA ANA CITY COUNCIL AGENDA PROJECT 09 -6036 Pi DATE: EDNA PARK IMPROVEMENTS WBLIC W« S AaNCY MARCH _% 2012 IN NTS �N ORA/y6e 3 2 1: I 09 -6036 Edna Park Improvements Inamul 1& \ • CONSTRUCTION January 18, 2012 Raul Godinez II, Executive Director of Public Works City of Santa Ana 20 Civic Center Plaza M -21 Santa Ana, CA 92701 Re: BID PROTEST BY LEHMAN CON,lSTRDCTION, INC. Project No. 09 -6306: Edna Park Improvements Dear Mr. Godinez: On January 17, 2012, bids were opened for the above project. Lehman Construction is hereby filing a written bid protest due to the failure of the first (Green Giant Landscape) and second bidder (Micon Construction Inc.) to name an approved epoxy flooring contractor. In this extremely competitive bidding environment every bidder looks at ways to lower their bid. However, the bid specifications 20.00 Special Provision- Eooxy Flooring (copy enclosed), lists Sunbelt Flooring as a proprietary manufacturer and installer of " Heavy Duty Flooring #1100" for the floor coating on the restroom floors and selected walls. We actuary thought of cutting costs and self - performing the epoxy, but the available materials would not meet Sunbelts spec's so we included Sunbelt in our subcontractor list. Any proposed substitution of the Epoxy flooring by either Green Giant or Micon if the City so entertains, needs to be reviewed as part of this protest since the spec's are clear on the City's intent. If,it is found that Sunbelt's epoxy system is required per the spec, then Sunbelt's subcontract would be more than 4 times the naming requirement of 1/2 of 1 %. Based on Green Giants bid of $219,000.00 they would have to name any sub over $1095,( $219,000.00 x.005 = $1095) Micon ernineering would also be required to name Sunbelt. ( $224,672 x.005= $1123). The spec's are clear regarding the system the City asked for. The contact documents and Public contract code are clear regarding the subcontract naming requirer.,ents. We therefore ask the City to find Green Giant's and Micon's bids nonresponsive and award the project to Lehman Construction, Inc. Sincerely Mark Lehm n t' President, Lehman Construction, Inc. Enclosure cc: Green Giant Landscape (w /enci) Micon Construction Inc. (w /encl) Lrlunan Con,rnu tnon_ Ink . P.O_ Boa :569 - Tustin, CA 93781 - Phone 71 4.838.7577 - Fax 714.838.5077 Contr Lic. #3>9570 A, B 20.00 SPECIAL PROVISIONS — Epoxy Flooring GENERAL 20.01 DESCRIPTION A. Section Includes 1. Provide labor and materials for a multiple component, seamless, anti- microbial, chemical & thermal shock resistant, epoxy flooring system, including surface preparation, primers, and finish coats. B. Acceptable Manufacturers and Installers 1. SUNBELT FLOORING, INC., Phone: (909) 606 -7623, Fax: (909) 606 -7685 2. Manufacturer approved Installer, who has technical qualifications, currently approved in writing, and facilities to install specified systems. 20.02 DELIVERY, STORAGE AND HANDLING A. Deliver material to job site in clean, clearly labeled containers and inspect prior to start of job. B. Store material in a dry, enclosed area protected from the elements. Keep temperature of storage area between 60 °F and 90 °F. 20.03 ENVIRONMENTAL REQUIREMENTS A. Cure new concrete no less than 28 days under good conditions. B. Verify that substrate is properly equipped with vapor barriers and perimeter drains. C. Verify supply of adequate utilities, including electric, water, heat (between 60 °F and 90 °F.) and lighting of no less than 80 ft candles measured at floor surface. D. Free work area of other trades during, and for a period of 24 hours, after floor installation. E. Protect finished floor from damage by subsequent trades. 20.04 WARRANTY A. Submit a one year warranty against defects in material and workmanship upon substantial completion of installation. 124 PRODUCTS 20.05 PRODUCT DESCRIPTION A. Sun Belt Flooring System as installed by Sunbelt Flooring Inc., including preparation and installation of the "Heavy Duty Flooring No. 1100 Chemical Resistant Industrial Floor". B. Physical Properties Hardness (Shore D) ASTM D -2240 87 Compressive Strength ASTM C -579 ASTM C -307 10,718 psi 2,745 psi Tensile Strength Water Abso tion ASTM C -413 7.Da s — 0.07% Flexural Strength Modulus of Elasticity ASTM D -790 ASTM C -580 4,658 psi 7 Days 2.2 x 10 6 si Linear Shrinkage --ASTM-D-2566 ASTM D -696 0.02°10 _ 3.0 x 10� - 5 in /in/F Coefficient of Thermal Expansion Bond Strength to Concrete ASTM D-4541 >376 psi substrate fails Heat Resistance Limitation 140 °F — 18 Hours, Lab -6 Hours _ Impact Resistance ASTM D 2794 16Cinch-pounds Flammability ASTM D -635 Self Extin uishin Flame S read/NFPA 101 ASTM E -84 Class B Abrasion Resistance CS 17 Wheel 1000 GM Load 1000 Cycles ASTM D-4060 Wear Index 30 Weight Loss 0.015 grams Coefficient of Friction Standard Slip- Resistant ASTM C 1028 Dry — 1.05 Wet — 0.94 C. Product Mixing Mix on site with manufacturer supplied mix and measure apparatus to ensure a timely, accurate mix ratio and minimize waste. 125 ;A X11 lAo 9 OOV i al U, .j u 4-4 ro 0 0 ra CL t- 4-) $4 4J P:C 0 —4 4-4 -4 0 0 :11 4.) X -r-i W 0 " En zK j 3 MAYOR Miguel A. Pulido MAYOR PRO TEM Claudia C. Alvarez COUNCILMEMBERS David Senavides Carlos Bustamante Michele C. Martinez Vince Sarmiento Sal Tinaiero February 9, 2012 EXHIBIT 3 CITY OF SANTA ANA 20 Civic Center Plaza • P.O. Box 1988, M-21 Santa Ana, California 92702 Mark Lehman President LEHMAN CONSTRUCTION, INC. P.O. Box 3569 Tustin, CA 92781 Re: Project No. 09 -6036, Edna Park Improvements Dear Mr. Lehman: INTERIM CITY MANAGER Paul Wafters INTERIM CITY ATTORNEY Joseph Straka CLERK OF THE COUNCIL Maria D. Huizar The Santa Ana Public Works Agency issued a Notice Inviting Bids for the above project. After bids were opened on January 17, 2012, the City received your bid protest from Lehman Construction, Inc., requesting that the low bidder and second bidder be disqualified for failure to comply with the bid specification requiring the listing of all subcontractors providing one -half of 1 % of the work. The protesting party has the burden of proof to demonstrate that the staffs determination of proposed low bidder is arbitrary and capricious, or unsupported by substantial evidence in the record. A protest hearing was held on February 2, 2012, at which you were present for Lehman Construction, Inc., and Don Henderson and Rosie Toledo were present for Green Giant Landscape, Inc. The following information was presented: • Green Giant Landscape, Inc. submitted the low bid of $219,000.00. One -half of 1 % of Green Giant's bid is $1095.00. • The bid specification named the required flooring system to be installed in the project: Sun Belt Flooring System as installed by Sunbelt Flooring, Inc., including preparation and installation of the "Heavy Duty Flooring No. 1100 Chemical Resistant Industrial Floor ". • Green Giant's bid did not list a subcontractor for the epoxy flooring, and did not propose a substitute flooring system. City of Santa Ana Response to Bid Protest Project No. 09 -6036, Edna Park Improvements • Sunbelt Flooring submitted a bid to Green Giant Landscape, Inc., proposing to complete the epoxy flooring for a labor and materials cost of $5,150. The total cost includes twenty percent ($1,030) for labor and eighty percent ($4,120) for materials. • California Public Contract Code and the City's bid documents require the listing of all subcontractors for all subcontract work exceeding %2% of the bid. Generally the law requires strict compliance with bid specifications. However a city may waive a minor deviation if the variance cannot have affected the amount of the bid or given a bidder an advantage or benefit not allowed other bidders — i.e, inconsequential deviations. Competitive bidding rules have been implemented to guard against favoritism, improvidence, extravagance, fraud and corruption; prevent the waste of public funds and to obtain the best result for the public. Additionally, the purpose of the subcontractors listing law is to prevent bid shopping after the opening of bids. The City specifically listed the flooring that must be used on the Edna Park Improvement Project. In the absence of a proposed substitute in its bid documents, the low bidder is required to utilize the named flooring manufacturer. Therefore, the failure to list the required flooring manufacturer as a subcontractor will not result in bid shopping, nor does it provide an advantage to the low bidder or put other bidders at a disadvantage. In this case, strict compliance with the bid specifications will result in the City paying more for the same project. This would contravene the purpose of the public bidding laws. Therefore, I am upholding staff's determination that Green Giant Landscape, Inc. is the low bidder, and will be recommending that the Edna Park Improvement Project be awarded to Green Giant Landscape, Inc. Sincerely MW Raul Godinez II, P Executive Director c: Mayor and Council Don Henderson Exhibit 4 FUNDING ANALYSIS PROJECT NO. 096036 EDNA PARK IMPROVEMENTS Construction Contract Contract Administration Inspection and Testing Survey Staking Contingencies $264,000 $13,200 $18,480 $7,920 $66,000 TOTAL ESTIMATED CONSTRUCTION COSTS $369,600 THE REGISTER 625 N GRAND AVE, SANTA ANA, CA 92701 Telephone (714) 796 -7000 / Fax (714) 796 -6059 PROOF OF PUBLICATION (2015.5 C.C.P.) State of California ) County of ORANGE ) ss Notice Type: BID - NOTICE INVITING BIDS Ad Description: Edna Park Improvements I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the THE REGISTER, a newspaper published in the English language in the city of SANTA ANA, county of ORANGE, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of ORANGE, State of California, under date 11/19/1905, Case No. A21046. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: 12/1412011, 12/15/2011 Executed on: 12/15/2011 At SANTA ANA, CralifAtth I certify (or declare) under nait of perjury t for egoing is true and correct. IIIIIIIIIIN�III IIIIIrIIIIfN5 4 IV9111111111111111 CNS #: 2222803 NOTICE INVITING BIDE NOTICE IS HEREBY GIVEN that the City of Santa Ana, California will receive at City Hall -Ross Annex, (M -43), 20 Civic Center Plaza, Santa Ana, California 92701, the Public Works Ageencv Fourt -Floor Receptionist, on or before the hour of 2:00 p.m. on Wednesday January 4, 2012 sealed bids and/or proposals for PROJECT 09 -6036: EDNA PARKIMPROVEMENTS Notice is hereby given BIDDERS that in accordance with the provisions of the California tabor Code, not less than the prevailing rate of per diem wages for each craft or type of worker and mechanic needed to execute the contract in the locality in which the work is to be performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work as determined by the Director of Industrial Relations of the State of California shall be paid to all workers employed. Each bid shall be accompanied by cash, a cashier's or certified check payable to the City of Santa Ana, or bid bond issued by a corporate surety, for an amount not less than ten percent (10 %) of the aggregate of the bid, as a guarantee that the BIDDER will enter into the proposed contract if the same is awarded to him. The signature of the BIDDER on the bid bond MUST be notarized. The City Council reserves the right to reject any or ail bids. The successful BIDDER must possess or obtain a valid California Class (B) Contractor's license prior to the scheduled award date of this contract. Substitution of securities for any monies withheld by the City of Santa Ana to ensure performance is allowed in accordance with the Public Contract Code. ism t I tr ni Sets of the Plans and oedfications will be furnished uoon apolication to the Public Works Aaencv counter Fir t Floor. 20 Civic enter Plaza. Santa Ana. California 92701. hone 714 647 -5680. The Plans and pecifications are This space for filing stamp only NOTICE INVITING BIDS NOTICE IS HEREBY GIVEN that the CiN of Santa Ana, California will receive at City Hall -Rosa Annex, (M -4J Civic Center Plaza, Lie Ana, California 92701, the Pubiie Works Agonoy Fourth Floor Reception• lot, on or before the hour of 2:00 p.m, on Wednesday January 4, 2012 sealed. bids and /or proposals for PROJECT 09.8036: EDNA PARKIMPROVEMENTS Notice Is hereby given BID- DERS that in accordance with the provisions of the California Labor Code, not lose than the prevailing rate of per diem wages for each ;raft of type of worker anti Each bid shall be accompf Mad by cash, a cashior's a certified check payable t the City of Santa Ana, or of bond issued by a corporal surety, an amount nc lose han tan percent (Io% of the aggregate of the bic as a guarantee that the SIC DER will enter Into the prc posed contract if the some I awarded to him, The el�9 nature of the siolil I on the bid bond MUSS be notarized. The City Council roservoi the right to reject any or at bids, The successful BIDDEK must possess or obtain i valid California Class (S) Contractor's license prior tc this scheduled award ditto of thla contract. Substitution of securities for any monies withheld by the City of Santa Ana to ensure porformance. is allowed In accordance with the Public Contract Coda. to Ana, uafifornla 92701, phone (714) 847.5680. The Plane and Specifications are now available In portable docu- ment format (PD on a compact disk (C. ) only, There Is no charge for the Piano and Specifications on CD. To request a CD by mail, the Contractor must submit an email request to sarmour @ santa- ana.org and provide the following Infor- mation: Company name, mailing address, phone number, FedEx account, and email Subject heading: CD' Request for PROJECT 09.6036: EDNA PARKIMPROVEMENTS Checks are no longer ac- cepted. Any addenda will be issued by email to those who received CDs directly from the Public Works Agency. DO NOT CALL PUR- CHASINO DIVISION RE- OARDING AVAILABILITY ! OF PLANS AND SPECIFI - CATIONS. 12/14,12/15/11 CNS - 2222803# THE REGISTER R -1982 9433883 NOTICE OF DETERMINATION TO: Office of Planning and Research FROM: City of Santa Ana 1400 Tenth Street, Room 121 20 CI"c Center Plaza Sacramento. CA 95814 P.O. Box 1988 M-20 Santa Ana, CA 92702 �CO Orange County Clerk Recorder "34T P.O. Box 238 �g Santa Ana, CA 92702 -0238 Subject Filing of Notice of Detsrminatlon In complianoe with Section 21108 or 21152 or the Public Resources Code Project Tina: California River Parkways Grant Application (Santa Ana River Enhancement Project) ER Number. ER 2006 -170 FILED Applicant: City of Santa Ana Parks, Recreation and Community Services Applicant Address: 20 Civic Center Plaza M-23, Santa Ana, California 92702 DEC 2 12006 State Clearinghouse Number. 2006101166 TOMMLY , K RECORDER Lead Agency Contact Person: Pedro Guill6n DEFVW Area Code/Telephone Hundw. (714) 667 -2729 Project Location: Edna Park located north of 17'" Street at Edna Street and the Santa Ana River, 17th Sheet Tdangb located at 170, Street and the Santa Ana River Fairview Triangle Site located between Washinglon Avenue and 12" Street: McFadden Triangle Site located between the Santa Ana River and McFadden Avenue, and Edinger Equeshian Trallhead Sib located west of Edinger Avenue at the Santa Ana City, Santa Ana County, Orange Project Description: The City of Santa Ana i? arks, Recreation 6 Canmunily Services Agency WR Abonit and tlonh � is 10 Stab of California Resouroes Agency's CaRfomla River Parkways Grant Program. The proposed project five sites along the Santa Ana River. This Is to advise that the City of Santa Ana (Lead Agency) has approved the above described project on March 21, 2005 and has made the following determination regarding the above described project: ❑ The project will not have a significant effect on the environment. ❑ An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. ® A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. ❑ Mitigation measures were made a condition of the approval for this project POSTED ❑ A mitigation monitoring plan was adopted for this project DEC 2 A 2006 ❑ A Statement of Overriding Considerations was adopted for this project. o u.i TOM WY. CLEW EMIXIM ❑ Findings were made pursuant to the provisions of CEQA. LJ L o OJiY Fflj D1 O This Is to certify that the final environmental document with comments and responses and of project approval Santa Ana Planning Division, 20 Civic Center Plaza P.O. Box 1988 M-20,0 is available to the general public at City of Santa Ana CA 92702. a O a r` Associate Planner Signature Date Title Quality IK County Clerk: Please post for 30 days in accordance with Section 21152(c) of the California Environmental .g ;jam g Act. 3D u a `0E C N i e >� P-1 k A 1 `J �J (` Y L � 4 V V A3- Q� c v ::5::, 4 �i5 fl d y I D CITY OF SANTA ANA PROJECT 09 -6036: EDNA PARK IMPROVEMENTS PROPOSAL & CONTRACT AGREEMENT BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: rr�_-C�eey) Gtl -6 I1 I ayl ' Irc . REQUIREMENT: The undersigned declares that he /she has carefully examined the location of the proposed work, that he /she has examined the Plans and Specifications and read the accompanying instruction to BIDDERS, and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans, specifications and special provisions, for the unit price(s) or lump sum(s) set forth in the following schedule: Item # Bid Item Unit Ouantitv Unit Price Amount Base Bid: 1. Restroom Improvements LS 1 $ g car,. $ l oc 0 0 2. Site Work Improvements LS 1 $—!7A- I s— LA 3. Landscape Planting Improvements LS 1 $�J Z cc v $ 4. Electrical System LS 1 $ C— $ 0.0 TOTAL BASE BID 09 -6036 EDNA PARK IMPROVEMENTS ------------ $ q o a 0 , t' `' Add Alternate Bid #1: 0 00 n 1. Electrical Expansion (6 -light pole LS 1 $ 9 00.0 , $ (3, standards, concrete footings, and all related infrastructure) TOTAL ADD ALTERNATE BID #109 -6036 EDNA PARK IMPROVEMENTS - - - - -$ Add Alternate Bid #2: _ l . Musco Lighting Control Link System, LS 1 $ �y ©y. $ J ✓ cs u ra .O including 10 -year service agreement TOTAL ADD ALTERNATE #2 09 -6036 EDNA PARK IMPROVEMENTS ------ $ BPIof13 CITY OF SANTA ANA PROJECT 09 -6036: EDNA PARK IMPROVEMENTS PROPOSAL & CONTRACT AGREEMENT BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: TOTAL BASE BID 09-6036 EDNA PARK IMPROVEMENTS ------------------- $ 2 90-60,60 ADD ALTERNATE BID #109 -6036 EDNA PARK IMPROVEMENTS--- - - - - -$ TOTAL ADD ALTERNATE #2 09 -6036 EDNA PARK IMPROVEMENTS - - - - -$ `J 000.00 The lowest responsible bidder shall be selected based on the TOTAL BASE BID 09 -6036 EDNA PARK IMPROVEMENTS. PROJECT 09 -6036: EDNA PARK IMPROVEMENTS BIDDER Firm 0'refa LaD.5c-ApQ-, Address C) x-11 VM A-C',j e., s- Phone L-,,Mt C A- C16(.31 5 4:2 lr�r -i o -to err Fax Email BIDDER Signature BP 2 of 13 CITY OF SANTA ANA PROJECT 09 -6036: EDNA PARK IMPROVEMENTS PROPOSAL AND CONTRACT AGREEMENT LIST OF SUB - CONTRACTORS Section 4100 et. seq. of the Public Contract Code requires listing of all subcontractors with the bid for all subcontract work exceeding the following amount: - Streets, highways including bridge projects; 1/2% of the bid or $10,000, whichever is greater - Buildings, parks, or other projects: 1 /z% of the bid BIDDER proposes to subcontract certain portions of the work to the firms listed below: NAME '74fllMf�iir�r, LOCATION s ,� ,,� 1 n & Qt— PHONE (� (, - 71 "Z - -7 r TYPE OF WORK $$ 9 -00 NAME acv `e' V 0 i Z � Irr.�ey- LOCATION C_,) o L, A n p PHONE e1 0 A- q 13 5 i a TYPE OF WORK L I -ec.tt %c $ c3r D d © NAME LOCATION PHONE TYPE OF WORK NAME LOCATION PHONE TYPE OF WORK NAME LOCATION PHONE TYPE OF WORK $ , e -A- A f S t-kq Fee-0 <;a7 of Fiiin Submitt' Bid �L Signature of B DER NAME LOCATION _ PHONE TYPE OF WORK NAME LOCATION PHONE TYPE OF WORK NAME LOCATION PHONE TYPE OF WORK NAME LOCATION PHONE TYPE OF WORK NAME LOCATION PHONE TYPE OF WORK BP 3 of 13 S CITY OF SANTA ANA PROJECT 09 -6036: EDNA PARK IMPROVEMENTS PROPOSAL & CONTRACT AGREEMENT BIDDER'S STATEMENT BIDDER understands and agrees that this written proposal (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter AGENCY) shall constitute the entire agreement between BIDDER and the AGENCY only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Public Works Agency Executive Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to BIDDER or deposited with the United States Postal Service properly addressed to the BIDDER with the correct postage affixed thereto. BIDDER further agrees that upon delivery (as defined above) of the accepted agreement he /she will furnish AGENCY all required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays and AGENCY'S legal holidays), or the funds, check, draft, or BIDDERS bond substituted in lieu thereof accompanying this proposal shall become the property of the AGENCY and shall be considered as payment of damages due to the delay and other causes suffered by AGENCY because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered is difficult to ascertain; otherwise said funds, check, drafts, or BIDDER'S bond substituted in lieu thereof shall be returned to the undersigned. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the bid schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. All terms contained in the Specifications, the Certification of Non - Discrimination by Contractors, and the Workers' Compensation Insurance Certificate are to be incorporated by reference into this Agreement and are made specifically as part of this bid. Name of Firm Pr CA. A. k^ A— \-44- nri _ °a t ba �P _ r1 C_ Signature of BIDDER Title (if an individua , so state) BP4of 13 CITY OF SANTA ANA PROJECT 09 -6036: EDNA PARK IMPROVEMENTS PROPOSAL AND CONTRACT AGREEMENT BIDDER'S STATEMENT continued (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.) V ACTION OF COUNCIL: Awarded t on the basis of lowest responsible and responsive bidder in the amount of $ 6 :z 00 Date Q21 S 20 Z ATTEST: CLERK OF THE COUNCJW APPROVED AS TO FORM: 1 i�. - S/1).i�. _ CITY ATT6RNEY ACCEPTED FOR THE CITY OF SANTA ANA: v EXECUTIVE DIREtR PUBLIC WORKS A NCY BP5of 13 CITY OF SANTA ANA PROJECT 09 -6036: EDNA PARK IMPROVEMENTS PROPOSAL AND CONTRACT AGREEMENT CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR 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. BP6of 13 CITY OF SANTA ANA PROJECT 09 -6036: EDNA PARK IMPROVEMENTS PROPOSAL AND CONTRACT AGREEMENT CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR (continued) 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 1 1246 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, religio , creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex f such rsons, except as provided in Section 1420, and any contractor of public works violating this S tion is ubject to all the penalties imposed for a violation of the Chapter. Signed Title Firm �oIc9AI nnc��,,,� n. Date Z BP 7 of 13 CITY OF SANTA ANA PROJECT 09 -6036: EDNA PARK IMPROVEMENTS PROPOSAL AND CONTRACT AGREEMENT WORKERS' COMPENSATION INSURANCE CERTIFICATION As required by California Labor Code Section 1860 and 1861, the Contractor certifies as follows: I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker's compensation or to undertake self - insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this contract. If I, as the Contractor, now or at any time during the course of this agreement, qualify as an employer under California Labor Code Section 3300, unless the hired employee(s) is (are) persons excluded by said Labor Code, I shall furnish the City of Santa Ana with an insurance certificate from my workers' compensation insurance carrier certifying that I carry such insurance and that the policy shall not be canceled nor the coverage reduced except upon thirty (30) days prior written notice to the City of Santa Ana. �\ Signed Title Firm Lrqffld,)C!�� , Date BP 8 of 13 CITY OF SANTA ANA PROJECT 09 -6036: EDNA PARK IMPROVEMENTS PROPOSAL AND CONTRACT AGREEMENT REFERENCES The following are the names, addresses, and telephone numbers for three public agencies for which BIDDER has performed similar work within the past two years. I . C' �J C-) J� 0 '% C C-) �k . \') -'r ps- 1, of Owner. Name and Telephone Number of person familiar with project \ = �-p -,n�%� a A-9- Y I ylcg T- Contract Amount Type of f Date Completed 2. Name and Address of owner. CM -w\ S QC` -t nr� Name and Telephone Number of person familiar with project. CAG`T cccy 1 a 2v tl Contract Amount Type of Work Date Completed 3. Kk 4,A., of \/-� r Name and Address of owner. Name and Telephone Number of person familiar with project. N (f tl 1? 7,-0 1 1 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. - L BP 9 of 13 gq '� CITY OF SANTA ANA PROJECT 09 -6036: EDNA PARK IMPROVEMENTS PROPOSAL AND CONTRACT AGREEMENT BIDDER'S 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 Cali foTMTApprenticeship Council. Signed Title r N %� Firm { ;= 11i lJ i r� ✓��- ►� �V� �L - t Fl [. Date BP 10 of 13 CITY OF SANTA ANA PROJECT 09 -6036: EDNA PARK IMPROVEMENTS PROPOSAL AND CONTRACT AGREEMENT NON - COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. Signing this Proposal on the gel' —nee portion thereof shall also constitute signature of this Non - collusion Affidavit. BIDDERS that making a false certification may subject the certifier to criminal prosecution. Signed State of Calif . to County of rub 2cVn sworn to -rte appeared before me. blic Signature (or affirmed) before me on this 114t day MAar 201 by proved to me on the basis of satisfactory eviden to the person(s) who ROSIE TOLEDO COMM. # 1913342 z Z NOTARY PUBLIC - CALIFORNIA LOS ANGELES COUNTY My Comm. Expires Nov. 15, 2014 Notary Public Seal BP II of 13 CITY OF SANTA ANA PROJECT 09 -6036: EDNA PARK IMPROVEMENTS PROPOSAL AND CONTRACT AGREEMENT BIDDER'S 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 l6f plic work, to give up any part of the compensation to which he /she is otherwise entitled. Signed Title -:p i 1) -�-h-* Firm Date ► I i ip I I "t.. -. Iq BP 12 of 13 CITY OF SANTA ANA PROJECT 09 -6036: EDNA PARK IMPROVEMENTS PRQPOSAL AND CONTRACT AGREEMENT r CONTRACTOR'S LICENSING STATEMENT The undersigned contractor, or corporate officer, declares under penalty of perjury that the following is true and correct. Contractor's Name: (FN �, , �► •%� —�_•� ���, Business Address: C \ LA \ lf��\ d� C r Telephone: 'j t,,-2-- �n q Q State Contractor's License No. and E Class: �� 0 L-1 Expiration Date: Y� ,, z i_ [� i Signed: c � /./ YTS /��P, - Title: ,n-t- BP 13 of 13 MAYOR Miguel A. Pulido MAYOR PRO TEM Claudia C. Alvarez COUNCILMEMBERS David Benavides Carlos Bustamante Michele Martinez Vincent F. Sarmiento Sal Tinajero January 3, 2012 ADDENDUM No. ONE ,. CITY OF SANTA ANA PUBLIC WORKS AGENCY M -36 P.O. Box 1988 Santa Ana, California 92702 SUBJECT: PROJECT No. 09 -6036: Edna Park Improvements INTERIM CITY MANAGER Paul M. Walters INTERIM CITY ATTORNEY Joseph Straka CLERK OF THE COUNCIL Maria D. Huizar The following change has been made to the specifications of the subject project: Plans: Replace sheet 2 (of 24) of the plans with the attached sheet 2 (of 24). Specifications 1. Page "x °, NOTICE INVITING BIDS, paragraph one, replace with the following: "NOTICE IS HEREBY GIVEN that the City of Santa Ana will receive at City Hall - Ross Annex, (M -43), 20 Civic Center Plaza, Santa Ana, California 92701, the Public Works Agency Fourth Floor Receptionist, on or before the hour of 2:00 p.m. on Tuesday January 17, 2012 sealed bids and /or proposals for Project 09 -6036 Edna Park Improvements." All other terms and conditions remain the same. FOR THE CITY OF SANTA ANA Souri Amirani Interim City Engineer a .. CITY OF SANTA ANA „w T" PUBLIC WORKS AGENCY 20 CIVIC CENTER PLAZA (M -36) SANTA ANA, CA 92701 DATE: January 12, 2012 PROJECT SUBJECT: ADDENDUM NO.: 2 NO.: 096036 MAIL REMARKS: PAGES ATTACHED: 1 STATION: M -36 PLEASE FAX THIS PAGE ONLY TO FAX NEB.: 1-(714) 647- 5635 Suzi Furjanic PHONE NO.: 1 -(714) 571 -4241 NOTE: UPON RECEIPT OF ADDENDUM, PLEASE SIGN THIS SHEET AND FAX IT BACK TO THE CITY OF SANTA ANA ATTENTION: Suzi Furjanic FAX NO.: 1 -(714) 647 -5635 1 HEREBY ACKNOWLEDGE RECEIPT OF ADDENDUM NUMBER: PROJECT NO.: COMPANY: Gre—e—T) Cli-aAT— R nC - SIGNATU DATE: PRINT NAME: TITLE: o�fe cyel eirxt'1 AIA DOCUMENT A31 0n - 2010 BID BOND Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR SURETY (Name, legal status and principal place of business): (Name, legal status and address)_ Green Giant Landscape, Inc. 941 -A Macy St., La Habra, CA 90631 OWNER (Name, legal status and address): City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 BOND AMOUNT: Ten percent (10 %) of the total amount of the bid PROJECT: (Name, locaSon or address, and Project number, if any) Project 09 -6036 Edna Park Improvements Philadelphia Indemnity Insurance Company 2600 West Olive Ave., 5th Floor, Burbank, CA 91505 The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, suooessors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified In the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished In the prosecution thereof; or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. Pnnfed in cooperation with the American Institute of Architects (AIA) The language in this document conforms to the language used in AIA Document A310 -- 2010. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. (Witness) (witness) sealed this 12th day of January 2012 Green Giant Landscape, Inc. (Principal) (Corporate Seal) c (Ttle) Philadelphia Indemnity Insurance Company (S tY) (Corporate Seal) (Attorney -in -Fact) Linda D. Coats Printed in cooperation with the American Institute of Architects (AIA) The language M this document conforms to the language used in AM Document A310 w- 2010. I CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT State of California County of Orange On '� �` ! before me, Adelaide C. Hunter, Notary Public (insert name and title of the officer) personally appeared Linda D. Coats who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /sheAhey executed the same in hisr her/their authorized capacity{ies), and that by his / -rnzr; their signature(s) on the instrument the person(s), or the entity upon behalf of which the person 6) s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. v ADELAIDE C. HUNTER Commission # 1808793 Signature 1 r " ' a : -'�s Notary Public -- California D = `'��e • Oranae County My Comm. Expires Aua 8, 201-1 PHILADELPHIA INSURANCE COMPANIES A bfemtv.r of the Tekio Marine Gmup PHILADELPHIA INDEMNITY INSURANCE COMPANY 231 St. Asaph's Rd., Suite 100 Bala Cynwyd, PA 19004 -0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint: Linda D. Coats & Matthew J. Coats OF Coats Surety Insurance Services, Inc. Its true and lawful Attorney (s) in fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $5,000,000.00. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY at a meeting duly called the I Id day of July, 2011. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) Appoint Attomey(s) in Fact and authorize the Attomey(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attomey -in -Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and biding upon the Company in the future with the respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 18T" DAY OF JULY, 2011. NITY s' GOFtpORATfS'• G�92 1927�� m= 06 • A WSYL\IN O President o �" .Naa�`�, Christopher J. Maguire ."'' * 0..,, ,,,,r1�, 100 President Philadelphia Indemnity Insurance Company, a Pennsylvania Corporation. On this 18T" day of July 2011, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly swom said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. COMMONWEALTH OF PENNSYLVANIA Notadat saat KfmbodyA. Keislaskt, Notary Public tower Marlon Twp., Montgomery County MyCommtwlon F -spkaa Dao.18. 2012 Member, PennaylvanTa Assoi2allon of Notaries I, Craig P. Keller, Executive Vice President, Chief Financial Officer and Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do herby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto on this 18' day of July 2011 are true and correct and are still in full force and effect I do further certify that Christopher J. Maguire, who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 12th day of January 2012. Craig P. Keller Executive Vice President, Chief Financial Officer & Secretary 0a�i�ri I, Craig P. Keller, Executive Vice President, Chief Financial Officer and Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do herby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto on this 18' day of July 2011 are true and correct and are still in full force and effect I do further certify that Christopher J. Maguire, who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 12th day of January 2012. Craig P. Keller Executive Vice President, Chief Financial Officer & Secretary Raul Godinez II `i "sad Execrative Director, PWA Tyrone Chesanek, From: Acting Principal Civil Engineer Date: May 30, 2012 REQUEST FOR PRIOR APPROVAL OF CHANGE ORDER Subject. PROJECT NO. 09 -6036: EDNA PARK IMPROVEMENTS PCO No. 2 — STRUCTURAL FIRE DAMAGE While removing the existing roof sheathing at Edna Park Restroom Facility, several rafters were damaged by fire and need to be replaced. Therefore, it is recommended to remove and replace the fire damaged rafters. (PCO No. 2). ESTIMATED COST = $2,600 Contract Amount $ 26-,000 Previous CCOs $ 1,500 This Request $ 2,500 Total CCOs $ 4,000 % Of Contract Amount 1,52% To avoid delay to the progress of the project, it is recommended that prior approval of this contract range order be granted. �5dCheianek, ng Principal Civil Engineer RECOMMENDED APPROVAL: Sour! Amirani, Interim City Engineer c: City Manager K:IConstructforlProjects 109- 60351MEM PACO 02 APPROVED: Raul Godinez II, Executive Director P c� Y W:,Md While removing the existing roof sheathing at Edna Park Restroom Facility, several rafters were damaged by fire and need to be replaced. Therefore, it is recommended to remove and replace the fire damaged rafters. (PCO No. 2). ESTIMATED COST = $2,600 Contract Amount $ 26-,000 Previous CCOs $ 1,500 This Request $ 2,500 Total CCOs $ 4,000 % Of Contract Amount 1,52% To avoid delay to the progress of the project, it is recommended that prior approval of this contract range order be granted. �5dCheianek, ng Principal Civil Engineer RECOMMENDED APPROVAL: Sour! Amirani, Interim City Engineer c: City Manager K:IConstructforlProjects 109- 60351MEM PACO 02 APPROVED: Raul Godinez II, Executive Director MEMORANDUM Kevin O'Rourke To: Interim City Manager Raul Godinez II, Executive Director From: Public Works Agency Project No.:09 -6036 Edna Park Improvements Subject: Change Order No. 1 Contractor: Green Giant Landscaping, Inc. 941 -A Macy Street La Habra, CA 90631 -3400 Project Description: Edna Park Improvements Change Order Number: Accounting Unit - Activity Number: JUSTIFICATION Date: June 12, 2013 Total This Change Order $ 57,594.00 16113262- 09603601028 Edna Park is a 2.6 -acre park north of Seventeenth Street running along the west side of the Santa Ana River at Santa Ana River Recreational Trail. It has historically served as a neighborhood park; however, its function as a trailside rest area has grown due to its proximity and connection to the recreational trail. The project improvements will support the needs of all these users. A contract was awarded to Green Giant Landscape, Inc. on March 5, 2012 for the improvements which included: a complete restroom renovation, new drinking fountains, water bottle refilling station, improved picnic areas, and enhanced lighting and landscaping. Also, the project will add an equestrian area with hitching posts and water trough. The Edna Park Restoration project is funded through the Water Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002 (Proposition 50) and is obligatory to statutory requirements. They consist of recreation, habit, flood management, conversion to river parkways and conservative and interpretive enhancements. However, due to the engineer's estimate, the scope of the project was reduced. Request for Approval of Change Order No. 1 June 12, 2013 Project No.: 09 -6036 Page 2 of 7 Consequently with the bids coming in lower than expected, Parks, Recreation and Community Services (PRCS) staff recognized this opportunity to add several enhancements that were previously deleted and have requested the following improvements be added to the project: Adjacent to the restrooms, a water bottle filling station was installed. To compliment this station, PRCS requested to add a water bottle informational sign. This compensates the contractor for all costs related to the procurement and installation per City of Santa Ana PCO #4 dated 10/4/2012. AGREED COST = $1,000 2. PRCS requested to slurry seal and re- stripe the parking lot and install an American Disability Act (ADA) compliant concrete curb ramp. This compensates the contractor for all costs related to the construction of the ADA curb ramp, the slurry sealing and restriping per City of Santa Ana PCO #6 dated 10/29/2012. AGREED COST = $5,400 3. PRCS requested additional sections of deteriorated concrete paths be removed and replaced throughout the park. This compensates the contractor to remove and dispose of the existing concrete paths and replace with new concrete per City of Santa Ana PCO #7 dated 10/29/2012. FINAL COST = $35,984 4. PRCS requested the construction of a bio -swale feature with river rocks and boulders modifications. This compensates the contractor for all cost related to the removal and disposal of existing concrete and landscaping, grading, procurement and installation of irrigation material, river rocks, boulders and plant material per City of Santa Ana PCO #11 dated 1/2/2013. AGREED COST = $11,850 5. PRCA requested to install two additional bicycle racks adjacent to the restroom facilities. This compensates the contractor to furnish and install 2 new bicycle racks per City of Santa Ana PCO #12 dated 3/14/2013. AGREED COST = $3,360 Request for Approval June 12, 2013 Project No.: 09 -6036 Page 3 of 7 of Change Order No. 1 CONTRACT COST SUMMARY Original Contract Total $264,000 Amount % of Contract Previously Approved Change Order $ -0- 0% This Change Order $57,594 Increase 21.82% Total Change Order to Adjusted Contract Total SCHEDULEIMPACT $57,594 Increase $321,594 21.82% The contract time was extended 30 days to allow the contractor time to procure the materials, perform the work included in this change order and to cover the approval period from the State for said work. The revised completion date will be June 27, 2013. APPROVED AS TO FUNDS AND ACCOUNTS: Raul Godinez II, Pxecutive Director Francisco Gutierrez, Executive Director Public Works Agency Finance & Management Services Agency di J� Gerardo Mouet, Executive 0iY6ctor Parks, Recreation and Conhmunity Services Agency K; \construction \projects \09 - 6036 \CO #01 \MEM RFA CCO #01 �q c �uji��l�1 ' A ( -- — -- — r Request for Approval of Change Order No. 1 June 12, 2013 Project No.: 09 -6036 Page 4 of 7 CHANGE ANALYSIS DETAILED JUSTIFICATION Edna Park Improvements included: restroom renovation, new drinking fountains, water bottle refilling station, improved picnic areas, enhanced lighting and landscaping, and an equestrian area with hitching posts and water trough for the horses. Due to the limited funding compared to the original engineer's estimate certain improvements were deleted from the final design. Consequently with the bids coming in lower than expected, Parks, Recreation and Community Services staff recognized this opportunity to utilize the remainder of the grant funds to add back several enhancements: A prior approval was granted for this work on February 19, 2013. The work included clearing and grubbing, grading, relocation of existing irrigation heads, construction of concrete sections, slurry sealing, restriping and installation of a water information sign, ADA curb ramp, bicycle racks and a bio swale. REVISED DETAILS Slurry Seal, restriping and ADA curb ramp: EDNA DRIVE ?J j DETAIL "B" STgNDAR4 PARRINCZSBTRIP_ING ,,. is.I .., ,w, m,.a, ...,... DETAIL "C "- HANDICAP PARKING ST$LL u °sue"" Request for Approval of Change Order No. June 12, 2013 Project No.: 09 -6036 Page 5 of 7 Water Bottle Filling Station Educational Sign: __ U6r Request for Approval of Change Order No. 1 June 12, 2013 Project No.: 09 -6036 Page 6 of 7 Bio -swale with river rock, boulders, landscaping and irrigation modifications: � r o n < •`' U ...I" 4 ll SANTA ANA I IV�R TRAIL 1. f � 1 �w.. .�,. .,,,,,u,. I ..u..��w+.uo �.•. rc.•un�.�rc,w uo.mrnso vu rtmiv� .�n�.�n Additional Bicycle Racks: TIIUNFb II! fLk;[ ffJ1A:NLlE 611:fI11YJ r,p, +° aii ,i" V144 ` ItAp MEWED TD ME :°-t�" NtlLtall 110W$ FlmN 1RNUS M P+THC, - 'K +tb 011t, 1WEL t 2170 -TE (01 E;Uki- _ +mmnl I'M � d9 ZIIr m NG BIKE RA'.K DETAIL v ir' Request for Approval of Change Order No. 1 June 12, 2013 Project No.: 09 -6036 Page 7 of 7 COST ANALYSIS This Change Order accounts for only the agreed work not covered by contract line items. (The contractor will be paid for actual quantities added and as verified in the field.) Item No Description Agreed Costs 1 Furnish and install water bottle informational sign $1,000 2 Construct an ADA concrete ramp as well as slurry seal and restripe the parking lot $5,400 3 Remove & replace deteriorated concrete path $26,240 4 Construct bio -swale with river rock, boulders, landscaping and irrigation $11,850 5 Furnish and install two additional bicycle racks $3,360 CITY OF SANTA ANA PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number Project No. 09 -6036; Edna Park Improvements Change Order Number 1 To Green Giant 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 EXTRA WORK AT AGREED PRICES PUBLIC WORKS AGENCY 1. Furnish and install water bottle informational sign to educate the general public per PCO No. 4 dated 10/4/2012. AGREED COST = $ 1,000 2. Construct an American Disability Act concrete ramp as well as slurry seal and re- strip the parking lot per City of Santa Ana PCO No. 6 dated 10/29/12. AGREED COST = $ 5,400 3. Remove and replace deteriorated concrete paths throughout the park per City of Santa Ana PCO #07 dated 10/29/2012. FINAL COST = $ 35,984 4. Construct a bio -swale featuring river rock and boulders, landscaping and irrigation modification per City of Santa Ana PCO #11 dated 1/2/2013 along the bike trail. AGREED COST = $ 11,850 5. Furnish and install two additional bicycle racks per PCO #12 dated 3/14/2013 near park restroom area. Page 1 of 2 AGREED COST = $ 3,360 CITY OF SANTA ANA PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number Project No. 09 -6036; Edna Park Improvements Change Order Number 1 To Green Giant 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 $ 57 594.00 By reason of this order the CONTRACT TIME completion will be adjusted as follows: Thirty (30) 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. t7_1j te� Contractor Green Giant Landscape, Inc. Approval recommended by Approved by NORKSAGENCY CITYMANAGER Page 2 of 2 Date N Date