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Home My WebLink AboutHONDO COMPANY, INC. (5)0 v o `-' °o � � m E"' z o �, z � z �� S � � � cw O v z Z d D � oC � 0. Recording Requested By, And When Recorded Mail To: Clerk of the Council, City of Santa Ana 20 Civic Center Plaza, P.O. Box 1988 Santa Ana, CA 92702 Recorded in Official Records, Orange County Tom Daly, Clerk- Recorder �IIIIIIIIII��IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII NO FEE *$ R 0 0 0 5 2 8 0 8 1 8$* 2012000658663 8:43 am 10/29/12 63 415 N'12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 R " �k 'ar:i:; p i.,T,; NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the undersigned City of Santa Ana, California, a municipal corporation, with the address of City Hall, 20 Civic Center Plaza, Santa Ana, California, 92701, is the owner of the property hereinafter described, that said owner has caused construction of GOLDEN LOOP BIKE TRAIL REHABILITATION 8r. MAPLE STREET BIKE TRAIL ENHANCEMENT under contract entered into on MARCH 19 2012, with HONDO COMPANY. INC. on which contract SURETEC INSURANCE COMPANY is surety. The property on which such work improvement was placed is in the City of Santa Ana, County of Orange, State of California, and described as Project Nos. 11 -2605 c4L 11 -2612 located at: VARIOUS LOCATIONS. The work improvement on said property was accepted as completed on OCTOBER 19. 2012. Dated: 1 5�-- / z_ A ApQA, A VERIFICATION TITLE AL CORPORATION I, the undersigned, say: I am the C "itv 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 declare under penalty of perjury that the facts therein stated are true. Executed on �� Z��% 2a �Z , at Santa Ana, California �� - C d ". �! (Signature of in " - ual caring that the contents of Notice of Completion are true ") THIS NOTICE OF COMPLETION MUST BE RECORDED WITHIN TEN (10) DAYS AFTER COMPLETION �� r � i�,. tJ''f ��A REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 19, 2012 TITLE: CONTRACT AWARD FOR GOLDEN LOOP BIKE TRAIL REHABILITATION AND MAPLE STREET BIKE TRAIL ENHANCEMENT (PROJECT NOS. 112605 AND 112612) . ( y EITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED As Recommended),xCL� ❑ As Amended ❑ Ordinance on 1$` Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Award a contract to Hondo Company Inc., in the estimated amount of $614,859, 2. Approve a funding analysis with a total estimated construction cost of $737,831. 3. Approve an appropriation adjustment recognizing $39,612 in the Parks District 3 Acquisition & Development Fund (accounting unit 31313002 - 53300) and appropriating the funds to expenditure account (accounting unit 31313260- 66220) for the Golden Loop Bike Trail Rehabilitation and Maple Street Bike Trail Enhancement. DISCUSSION The Golden Loop Recreational Trail is a 24 -mile regional trail that encircles the entire city and connects to Costa Mesa's bike trail system and to the Santa Ana River Trail. The Golden Loop Bike Trail Project includes the rehabilitation of four miles of the asphalt trail surface (Exhibit 1). The project is consistent with the Santa Ana Bikeway Master Plan, the Orange County Regional Commuter Bikeways Strategic Plan, and the City of Santa Ana General Plan (Circulation Element). The Maple Street Bike Trail Project includes resurfacing the ten -foot wide, two - mile -long bicycle trail and converting a vacant lot across from the bike trail into a rest area (Exhibit 1). The proposed project includes decomposed granite paths, benches, bike racks, drought - tolerant landscaping, and an irrigation system. The improvements will provide a space for trail users to rest and view the existing riparian habitat area. Additionally, bid alternate one provides new fitness equipment along the trail. The Notice Inviting Bids was advertised on January 10 and 11, 2012, with outreach efforts to 19 Santa Ana contractors. Bids were opened on February 1, 2012. A summary of the bid notices and the bid results follows: Contractors requesting bid documents 41 Santa Ana contractors sent bid notices 19 Total bids received 6 Bids received from Santa Ana contractors 2 Contract Award for Golden Loop Bike Trail Rehabilitation and Maple Street Bike Trail Enhancement March 19, 2012 Page 2 NAME OF RESPONSIVE BIDDER 1. Hondo Company, Inc. 2. Palp, Inc DBA Excel Paving Company 3. EBS General Engineering Inc. 4. Terra Pave Inc. 5. Ben's Asphalt, Inc. 6. G Coast Construction, Inc. CITY BASE BID AMOUNT Santa Ana $ 598,339.00 Long Beach $ 608,657.60 Corona $ 623,037.24 Whittier $ 642,010.00 Santa Ana $ 660,635.90 Encino $ 686,752.80 The Engineer's estimate was $556,615. A total of six bids were received and all were deemed responsive. The bid documents require the contractor to be selected by the lowest base bid. The lowest bid was submitted by Hondo Company Inc. in the amount of $598,339. Therefore, staff recommends awarding the base bid plus alternate one to Hondo Company, Inc. in the total amount of $614,859. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. Categorical Exemption Environmental Review No. 2007 -147 and No. 2010 -90 were filed for this project. FISCAL IMPACT The funding analysis shows a total estimated construction cost of $737,831 for the project (Exhibit 2). Funds are available in the Transportation Enhancement Activities Fund (accounting unit 05917660- 66220), the Recreational Trails Program Fund (accounting unit 17213240 - 66220) and in the Parks District 3 Acquisition & Development Fund (accounting unit 31313260- 66220). aul Godinez II Executive Director Public Works Agency X tAL Gerakdo Mouet Exec tive Director Parks, Recreation, and Community Services Agency RG /KW Exhibit 1: Project Location Map 2: Funding Analysis APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency EXHIBIT 1 Santa Ana Golden Loop Recreational Trail Site Plan � to VETA AV. 22 L. a' ■�• n+»E c()N�AN MA1IHPIACE i, \\MA. GROVE Bu. N SUNFLOWER AV. I 17TH ST. L - -- MKHAVI:N AV. - BIKE TRAIL 11111 CLOSED BIKE TRAIL o /CLASS rI PARK SANTA ANA BIKE TRAILS • row'" a Parks, Recreation & Community Service Agency v I. Newhope St. Bike Trail 5. br.11 ,I Gdr T. "11 22 Class II a Class 1, along active Railroad . Z ..�.iV 9. IT—, Class I. along Santa Ana River bed 6. Flu-vq St. Bikv Ted I;. Class 1, along Oralx)e Critinty Fl+l(xi Cool, (A u 3. Greenville St. Bike Trail O > 10. MacArthur Blvd. Bike Trail Class I Class 1, along active Railroad. 7. PacifxElectricBikeTrail 4. Rant St. Bike Tlail Landskaped, Class I follows firmer Pacific i SANTA CLARA AV. El.Kbic R.nl +uacl Paved Class I, trail connects MainPlace to Cnnuol Channel TRASK AV. SANTA CLARA AV 'Z T.L V_W J �ixissvttr +� 5TH ST. ■ g O o, Q + L • '111110■ o � W 2 s V, W ' N 3 SUNFLOWER AV. I 17TH ST. 2006 BIKE TRAIL 11111 CLOSED BIKE TRAIL /CLASS rI PARK SANTA ANA BIKE TRAILS I: "Off road" trail 'On • COMMUNITY CENTER CLASS (I: road" striped trail Parks, Recreation & Community Service Agency N I. Newhope St. Bike Trail 5. br.11 ,I Gdr T. "11 I ` Class II Landswpixl CL+ss L Mow) +,+iho,0 uyhl ni Class 1, along active Railroad . AV'ttTrt ..�.iV 9. IT—, Class I. along Santa Ana River bed 6. Flu-vq St. Bikv Ted Class 1, along Oralx)e Critinty Fl+l(xi Cool, (A u 3. Greenville St. Bike Trail Channel 10. MacArthur Blvd. Bike Trail Class I Class 1, along active Railroad. 7. PacifxElectricBikeTrail 4. Rant St. Bike Tlail Landskaped, Class I follows firmer Pacific T t. Santiago Creek Bike Trail Class i, alorx) Orange l(runt, Flood El.Kbic R.nl +uacl Paved Class I, trail connects MainPlace to Cnnuol Channel CCENTFR DR 'Z T.L V_W - 4TH ST. CHESTNUT AV y ? MONTH VISTA y� G 44.NtFNC AV C Q n O •r MCFADDEN AV � MCFADDEN AV. Y N r 2 W EDINGER AV. p W N ST. ANDREW 4 x C yv S1 fPTRUUE IL EHraUl4 i1 z Z 3 WARNER AV. oc �n.vs ,•. Ol ® 40A 55 Q N • ® ALT W. i ALTON AV. �' ' w-' ! MACARTHUR E . 4 a 3 SUNFLOWER AV. I 'e9 2006 BIKE TRAIL 11111 CLOSED BIKE TRAIL /CLASS rI PARK SANTA ANA BIKE TRAILS I: "Off road" trail 'On • COMMUNITY CENTER CLASS (I: road" striped trail Parks, Recreation & Community Service Agency I. Newhope St. Bike Trail 5. br.11 ,I Gdr T. "11 B. Union Pacific Bike Trail Class II Landswpixl CL+ss L Mow) +,+iho,0 uyhl ni Class 1, along active Railroad . 2. Santa Ana River Bike Trail ..�.iV 9. IT—, Class I. along Santa Ana River bed 6. Flu-vq St. Bikv Ted Class 1, along Oralx)e Critinty Fl+l(xi Cool, (A 3. Greenville St. Bike Trail Channel 10. MacArthur Blvd. Bike Trail Class I Class 1, along active Railroad. 7. PacifxElectricBikeTrail 4. Rant St. Bike Tlail Landskaped, Class I follows firmer Pacific T t. Santiago Creek Bike Trail Class i, alorx) Orange l(runt, Flood El.Kbic R.nl +uacl Paved Class I, trail connects MainPlace to Cnnuol Channel Santiago Park. 3 FUNDING ANALYSIS PROJECT NOS. 112605 AND 112612 GOLDEN LOOP BIKE TRAIL REHABILITATION AND MAPLE STREET BIKE TRAIL ENHANCEMENT Construction Contract $614,859 Contract Administration $31,486 Inspection and Testing $20,000 Survey Staking $10,000 Contingencies $61,486 TOTAL ESTIMATED CONSTRUCTION COSTS 737 831 Exhibit 2 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: Golden Loop and Maple Street Bike Trails 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: 01/10/2012, 01/11/2012 Executed on: 01/11/2012 At SANTA ANA, California I certify (or declare) under penalty of perjury the regoing is true and correct. 111111111111111111111111110 ouiUiui��iiiupi CNS #: 2238899 NOTICE INVITING BID; NOTICE IS HEREBY GIVEN that the City of Santa Ana, California will receive at the City Hall -Ross Annex, (M- 43), 20 Civic Center Plaza, Santa Ana, California 92701, the P blic Qs A enc Four! oor e t on st, on or a ore the our o p.m. on Wednesday, February 1, 2012 sealed bids and /or proposals for PROJECT 11 -2605 — GOLDEN LOOP BIKE TRAIL REHABILITATION PROJECT 11 -2612 MAPLE STREET BIKE TRAIL ENHANCEMENT Notice is hereby given BIDDERS that this project is funded with Recreational Trails Program (RTP) and Transportation Enhancement (TE) money, and that the rate of wages for each craft or type of work or mechanic employed under this contract shall be as specified under the current determinations of the De ertment of labor a r u 2. to er t av - n Act. Where a discrepancy exists between Federal and State prevailing wage rate, the higher of the two prevailing wage rates shall apply. 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. There will be an optional PRE -BID JOB MEETING on- site at Centennial Park, 3000 W. Edinger Ave on Monday, January 23, 2012 at 10:00am to review condition of existing fitness equipment. The City Council reserves the right to reject any or all bids. The successful BIDDER must possess or obtain a valid California Class (A) Contractor's prior to the scheduled award dale of this contract. The City of Santa Ana has established an Annual Anticipated DBE Participation space for filing stamp only Level (AADPL) of 14.18% (6.371 Race Neutral and 7.811 Race Conscious) for projects constructed this fiscal year. This project has e specific UDBE pontract goal of 7.81%.This percentage shall apply to the cost of the entire project. The UDBE commitment form Exhibit 15-Gl may be submitted with the bid proposal. If the UDBE form is not submitted with the bid, the apparent low bidder, the second low bidder, and the third low bidder must complete and submit the form to the City. The Form must be received by the City no later than the time specified in the Federal Requirement of Appendix H of the Special Provisions. The time for completion of this contract is 110 working days, the first 50 working days of which is for construction, and the last 60 working days for the landscape and irrigation maintenance period. Liquidated damages of $760.00 per working day shall begin following the completion of the first 50 working days after Notice to Proceed is issued. 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. Ilete electronic t off the Plans ns and SDeaifications will be furnished upon aoolioation to the Public W I n er . First FI r 2 ivi n r PI Sant An li ormai 92701 hone 714 647-5680o The Plans and Specifications are now available in portable document format (PDF) on a compact disk (CD) only. There is no charge for the Plans and Specifications on Co. To request a CD by mail, the Contractor must submit an email request to sarmour@santa- ana.org and provide the following information: Company name, mailing address, phone number, Fed Ex account, and email Subject heading: CD Request for: "PROJECT 11 -2605 GOLDEN LOOP BIKE TRAIL REHABILITATION PROJECT 11 -2612 — MAPLE STREET BIKE TRAIL ENHANCEMENT." Checks are no longer accepted. Any addenda will be issued by email to those who received CDs directly from the Public Works Agency. DO NOT CALL PURCHASING DIVISION REGARDING AVAILABILITY OF PLANS AND SPECIFICATIONS. 1/10, 1/11112 CNS- 2238899# THE REGISTER Un .F nl .4 LO (t H 3 Un .F nl .4 ■ MAYOR Miguel A. Puklo MAYOR PRO TEM Claudia C. Alvarez COUNCIL MEMBERS P. David Benavides Carlos Bustamante Michele Martinez Vincent F. Sanniento Sal Tinajero CITY OF SANTA ANA PLANNING & BUILDING AGENCY 20 Civic Center Plaza (M -20) P.O. BOX 1988 -Santa Ana, California 92702 (714) 667 -2700 - Fax (714) 973 -1461 www.santa- ana.org CITY MANAGER David N. Ream CITY ATTORNEY Joseph W. Fletcher CLERK OF THE COUNCIL Maria D. Huizar NOTICE OF EXEMPTION From the Requirements of the California Environmental Quality Act (CEQA) TO: COUNTY CLERK/County of Orange P.O. Box 238 Santa Ana, CA 92702 PROJECT TITLE: Maple Street Bike Trail Landsc PROJECT NUMBER(S): PWA- 2010 -367 -CITY PROJECT LOCATION: 1 Citywide (Partial) CITY: Santa Ana DESCRIPTION OF THE PROJECT: FROM: City of Santa Ana Planning & BuildingAgency 20 Civic Center Plaza (M -20) Santa Ana, CA 92702 DATE OF DECISION: 06 /08/2010 ER NUMBER: ER- 2010 -90 COUNTY: Orange Installation of new landscaping and irrigation to the Maple Street Bike Trail. NAME & ADDRESS OF APPLICANT: CITY OF SANTA ANA PUBLIC WORKS AGENCY SANTA ANA, CA 92702 NAME OF PUBLIC AGENCY APPROVING PROJECT: City Council NAME OF PERSON OR AGENCY CARRYING OUT PROJECT: Amirani, Souri EXEMPT STATUS: ❑ Ministerial (Sec. 15268) ❑ Declared Emergency (Sec. 15269 (a)) • Emergency Project (Sec. 15269(a) &(b)) • General Rule (Sec. 15061(b)(3)) ❑ Statutory Exemption: State Code number 0 Categorical Exemption: State class and section number REASON(S) WHY PROJECT IS EXEMPT FROM CEQA: As a minor repair /maintenance to and existing facility, this project is Categorically Exempt per Section 15301(c) CITY CONTACT PER ON: Hally oboleske TELEPHONE NO: (714) 647 -5842 SIGNATURE: DATE:�� TITLE: Associate Planner CITY OF SANTA ANA PROJECT 11 -2612 — MAPLE STREET BIKE TRAIL ENHANCEMENT PROJECT l 1 -2605 — GOLDEN LOOP BIKE TRAIL REHABILITATION PROPOSAL & CONTRACT AGREEMENT BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: HONDO COMPANY INC. 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 (if any), specifications and special provisions, for the unit price(s) or lump sum(s) set forth in the following schedule: Item # Bid Item Unit Quantity Unit Price Amount PROJECT 11 -2605 — GOLDEN LOOP BIKE TRAIL REHABILITATION 1. AC Removal CY 626 $ 85.00 $ 53210.00 2. AC Pavement TN 1,268 $ 95.00 $ 120460.00 3. Rubberized Emulsion Aggregate GAL 2,407 $ 16.00 $ 38512.00 Slurry (Type I) 4. Install 4" Wide Yellow Thermo LF 27,224 $ 1.00 $ 27224.00 Striping 5. Install Stop Bar 12" Thermoplastic EA 15 $ 60.00 $ 900.00 6. Install Signs On Existing Pole EA 57 $ 125.00 $ 7125.00 7. Install Pole With Back to Back Signs EA 1 $ 350.00 $ 350.00 8. Relocate Sign Frame EA 13 $ 200.00 $ 2600.00 9. Remove Sign and Install New Sign of EA 26 $ 220.00 $ 5720.00 the Same Kind (Oct. Frame) 10. Refresh Crosswalk Markings LF 1,500 $ 3.50 $ 5250.00 TO BE INCLUDED IN BID PACKAGE BP 1 of 28 CITY OF SANTA ANA PROJECT 11-2612 - MAPLE STREET BIKE TRAIL ENHANCEMENT PROJECT 11 -2605 - GOLDEN LOOP BIKE TRAIL REHABILITATION PROPOSAL & CONTRACT AGREEMENT BID PROPOSAL, continued Item # Bid Item Unit Quantity Unit Price Amount 11. Remove Sign and Install New Sign of EA 46 $ 125.00 $ 5750.00 the Same Kind 12. Install New Sign on New Post EA 25 $ 200.00 $ 5000.00 13. Construction Sign EA 2 $ 800.00 $ 1600.00 TO BE INCLUDED IN BID PACKAGE BP 2 of 28 Project 11 -2605 - Subtotal $ 273701.00 PROJECT 11 -2612 - MAPLE STREET BIKE TRAIL ENHANCEMENT 1. Clearing and Grubbing LS 1 $ - -- $ 9950.00 2. Unclassified Excavation CY 14 $ 200.00 $ 2800.00 3. AC Removal CY 350 $ 85.00 $ 29750.00 4. AC Pavement TN 708 $ 95.00 $ 67260.00 5. Rubberized Emulsion Aggregate GAL 1,398 $ 16.00 $ 22368.00 Slurry (Type I) 6. Decorative PCC Plaza (T =4 ") SF 500 $ 14.00 $ 7000.00 7. Construct Type A -2 -6 PCC Curb and LF 55 $ 30.00 $ 1650.00 Gutter 8. Construct Dry Stream Bed SF 1,200 $ 5.00 $ 6000.00 9. Decomposed Granite (T = 3 ") SF 7,500 $ 4.00 $30000.00 10. Drinking Fountain EA 1 $ 6200.00 $ 6200.00 H. Site Amenities LS 1 $ --- $ 5870.00 12. Sign Board EA 1 $ 650.00 $ 650.00 TO BE INCLUDED IN BID PACKAGE BP 2 of 28 CITY OF SANTA ANA PROJECT 11 -2612 - MAPLE STREET BIKE TRAIL ENHANCEMENT PROJECT 11 -2605 - GOLDEN LOOP BIKE TRAIL REHABILITATION PROPOSAL & CONTRACT AGREEMENT BID PROPOSAL, continued Item # Bid Item Unit Quantity Unit Price Amount 13. Removable Bollards EA 6 $ 600.00 $ 3600.00 14. Potholing Utility EA 5 $ 300.00 $ 1500.00 15. Construct PCC Drive Approach (T =6 ") SF 115 $ 19.00 $ 2185.00 16. Construct 4" PCC Sidewalk SF 200 $ 9.00 $ 1800.00 17. Landscaping LS 1 $ - - -- $ 37500.00 18. Irrigation LS 1 $ - -- $ 70855.00 19. 60- Working Day Landscape And LS 1 $ - - -- $ 2200.00 Irrigation Maintenance Period 19. Rootshave EA 10 $ 350.00 $ 3500.00 20. Construction Sign EA 2 $ 800.00 $ 1600.00 21. SWPPP (Risk Level 2) LS 1 $ - -- $ 6400.00 22. Engineered Wood Chip Surfacing * CY 15 $ 100.00 $ 1500.00 23. Remove Tree EA 10 $ 250.00 $ 2500.00 Project 11 -2612 -Subtotal $ 324638.00 TOTAL BASE BID (Project 11 -2605 + Project 11- 2612) ---------------- - - - - -- $ 598339.00 TO BE INCLUDED IN BID PACKAGE BP 3 of 28 CITY OF SANTA ANA PROJECT 11 -2612 — MAPLE STREET BIKE TRAIL ENHANCEMENT PROJECT 11 -2605 — GOLDEN LOOP BIKE TRAIL REHABILITATION PROPOSAL & CONTRACT AGREEMENT BID PROPOSAL, continued Project 11 -2612 ADD ALTERNATE ONE 24. Outdoor - Fitness Equipment Replacement LS 1 $ -- $ 16520.00 Project 11 -2612 ADD ALTERNATE TWO 24. Outdoor - Fitness Equipment Refurbish LS 1 $ -- $ 16520.00 TOTAL BASE BID + ADD ALTERNATE ONE ------------------------- - - - - -- $ 614859.00 The lowest responsible BIDDER will be based on the lowest TOTAL BASE BID + ADD ALTERNATE ONE. The City reserves the right to award the Base Bid and any, all or none of the Alternate Bid Items. * The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the "25 %" limit as stated in Section 3 -2 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. PROJECT 11 -2612 — MAPLE STREET BIKE TRAIL ENHANCEMENT Firm PROJECT 11 -2605 — GOLDEN LOOP BIKE TRAIL REHABILITATION Hondo Company, Inc Address 2121 S Lyon Street Santa Ana CA 92705 Phone 714 434 -0104 Fax 714 434 -0215 Email hondoco @g 4il. com BIDDER Signature TO BE INCLUDED IN ID PACKAGE BP 4 of 28 CITY OF SANTA ANA PROJECT 11-2612 — MAPLE STREET BIKE TRAIL ENHANCEMENT PROJECT 11-2605 — GOLDEN LOOP BIKE TRAIL REHABILITATION 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; ''/2% of the bid or $10,000, whichever is greater - Buildings, parks, or other projects: '/2% of the bid BIDDER proposes to subcontract certain portions of the work to the firms listed below: NAME Haitbring Asphalt & Paving NAME Buena Vista Landscaping LOCATION 1548 Maple St, Corona LOCATION 601 Lakeview. Placentia PHONE 951 273 -0111 PHONE 714- 779 -1202 TYPE OF WORK paving $ 1J?S ooy TYPE OF WORK Landscape $ am NAME Ranch Rock Corporation LOCATION Corona CA PHONE 951 280 -2445 TYPE OF WORK striping $ 15000.00 NAME LOCATION PHONE TYPE OF WORK NAME LOCATION PHONE TYPE OF WORK NAME LOCATION PHONE TYPE OF W RK $ Hondo C n Inc Name of )$ mitting Bid Signature TBIDRER NAME LOCATION PHONE TYPE OF WORK NAME LOCATION PHONE TYPE OF WORK NAME LOCATION PHONE TYPE OF WORK NAME LOCATION PHONE TYPE OF WORK E. TO BE INCLUDED IN BID PACKAGE BP 5 of 28 CITY OF SANTA ANA PROJECT 11 -2612 — MAPLE STREET BIKE TRAIL ENHANCEMENT PROJECT 11 -2605 — GOLDEN LOOP BIKE TRAIL REHABILITATION 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 Hondo Company Tic . Signature of BIDDER Title President (if an individual, so state) TO BE INCLUDED IN BID PACKAGE BP 6 of 28 CITY OF SANTA ANA PROJECT It -2612 — MAPLE STREET BIKE TRAIL ENHANCEMENT PROJECT 11 -2605 — GOLDEN LOOP BIKE TRAIL REHABILITATION 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.) Hondo Company Inc, a corporation Robert Lloyd, President, Secretary, Treasurer, Manager Awarded on the basis of lowest responsib and r ponsive bidder in the amount of $ ATTEST: CLERK OF THE COUNCIL APPROVED AS TO FORM: ACTION OF COUNCIL: Date ACCEPTED FOR THE CITY OF SANTA ANA: CITY ATT RNEY, EXEtOTIVE DIRE T R PUBLIC WORKS AG NCY TO BE INCLUDED IN BID PACKAGE BP 7 of 28 CITY OF SANTA ANA PROJECT 11-2612 — MAPLE STREET BIKE TRAIL ENHANCEMENT PROJECT 11 -2605 —GOLDEN LOOP BIKE TRAIL REHABILITATION (THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH ARE A PART OF THIS PROPOSAL) EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION The BIDDER Hondo Company Inc. proposed subcontractor , hereby certifies that he has $ has not , participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements. Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60- 1.7(b) (1)), and must be submitted by BIDDERS and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60 -1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO -1) is the only report required by the Executive Orders or their implementing regulations. Proposed Prime Contractors and Subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60- 1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. TO BE INCLUDED IN BID PACKAGE BP 8 of 28 CITY OF SANTA ANA PROJECT 11 -2612 — MAPLE STREET BIKE TRAIL ENHANCEMENT PROJECT 11 -2605 — GOLDEN LOOP BIKE TRAIL REHABILITATION 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 1 1246 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. TO BE INCLUDED IN BID PACKAGE BP 9 of 28 CITY OF SANTA ANA PROJECT 11 -2612 — MAPLE STREET BIKE TRAIL ENHANCEMENT PROJECT 1 1 -2605 —GOLDEN LOOP BIKE TRAIL REHABILITATION 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 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital 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 pena)N4 imposed for a violation of the Chapter. Signed !/ Title President Firm Hondo Company Inc Date 12/7/11 TO BE INCLUDED IN BID PACKAGE BP 10 of 28 CITY OF SANTA ANA PROJECT 11-2612 — MAPLE STREET BIKE TRAIL ENHANCEMENT PROJECT 1 1 -2605 — GOLDEN LOOP BIKE TRAIL REHABILITATION 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, 1 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 ex pt upon thirty (30) days prior written notice to the City of Santa Ana. 7 Signed Title President Firm Hondo Company Inc Date December 7, 2011 TO BE INCLUDED IN BID PACKAGE BP 11 of 28 CITY OF SANTA ANA PROJECT 1 1 -2612 - MAPLE STREET BIKE TRAIL ENHANCEMENT PROJECT 1 1 -2605 - GOLDEN LOOP BIKE TRAIL REHABILITATION 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. 1• City of Lake Forest 25550 Commercentre Dr, Suitp 100, Lake FcrPst Name and Address of Owner. Luis Estevez 949 461 -3485 Name and Telephone Number of person familiar with project. 1,424,908.00 Excersise Equipm, Landscaping Nov 2011 Contract Amount Type of Work Date Completed 2. City of Yorba Linda 4845 Casa Loma Yorba Linda Name and Address of owner. Steve Campbell 714 961 - 7160 Name and Telephone Number of person familiar with project. 553,901.50 Park restoration Ian 2009 Contract Amount Type of Work Date Completed 3 City of Irvine One Civic Center Plaza, Irvine Name and Address of owner. ERic Gruber 949 724 -6689 Name and Telephone Number of person familiar with project. 288 237.00 Brywood Park Apr 2009 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. Millennium Corporate Solutions - Western Surety Company - Bonds 5530 Trabuco Rd, Irvine CA 949 857 -4500 Bowermaster & Assoc. - Insurance PO Box 6026 Cypress CA 90630 888 825 -4322 Adam Bowermaster TO BE INCLUDED IN BID PACKAGE BP 12 of 28 CITY OF SANTA ANA PROJECT 11-2612 — MAPLE STREET BIKE TRAIL ENHANCEMENT PROJECT 11 -2605 —GOLDEN LOOP BIKE TRAIL REHABILITATION 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: I. 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 conlractors not signatory to the trust agreement shall pay a like amount to the California Apprenticeship C ncil. Signed Title TPresident Firm Hondo Company Inc Date December 7, 2011 TO BE INCLUDED IN BID PACKAGE BP 13 of 28 CITY OF SANTA ANA PROJECT 1 1 -2612 — MAPLE STREET BIKE TRAIL ENHANCEMENT PROJECT 11-2605 — GOLDEN LOOP BIKE TRAIL REHABILITATION 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 signature portion thereof shall also constitute signature of this Non - collusion Affidavit. BIDDERS are cautioned that making a fAI cei�ification may subject the certifier to criminal prosecution. Signed State of California County of Orange Subscribed and sworn to (or affirmed) before me on this 1 day of Dec , 201 by Robert Lloyd , proved tome on the basis of satisfactory evidence to be the person(s) who appeared before me. MARY L. SALGAO Commission #t 1886054 Z • Notary Public - California i Orange County My Comm. Expires Apr 17, 2014 'NotarlKiblic Sign ire Notary Public Seal TO BE INCLUDED IN BID PACKAGE BP 14 of 28 CITY OF SANTA ANA PROJECT 11 -2612 — MAPLE STREET BIKE TRAIL ENHANCEMENT PROJECT 1 1 -2605 — GOLDEN LOOP BIKE TRAIL REHABILITATION 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 forn inducing, by any means, any person employed in the construction or repair of public work, tq dive Np any part of the compensation to which he /she is otherwise entitled. Signed Title President Firm Hondo Company Inc Date December 1, 2011 TO BE INCLUDED IN BID PACKAGE BP 15 of 28 CITY OF SANTA ANA PROJECT 11-2612 — MAPLE STREET BIKE TRAIL ENHANCEMENT PROJECT 1 1 -2605 —GOLDEN LOOP BIKE TRAIL REHABILITATION PROPOSAL AND CONTRACT AGREEMENT 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: Hondo Company Inc. Business Address: 2121 S Lyon St, Santa Ana CA 92705 Telephone: 714 434 -0104 State Contractor's License No. and Class: Expiration Date: April 30, �0 3 Signed: Title: President 373104. Class A,B,C27, C61/D12,C61/D34 TO BE INCLUDED IN BID PACKAGE BP 16 of 28 CITY OF SANTA ANA PROJECT 11 -2612 — MAPLE STREET BIKE TRAIL ENHANCEMENT PROJECT 11 -2605 — GOLDEN LOOP BIKE TRAIL REHABILITATION PROPOSAL AND CONTRACT AGREEMENT FEDERAL REQUIREMENTS FOR FEDERAL -AID CONSTRUCTION PROJECTS GENERAL — The mode herein proposed will be financed in whole or in past with Federal funds, and therefore all of the statutes, Hiles and regulations promulgated by the Federal Government and applicable to vvak financed in whole or in part with Federal funds will apply to such vvodc The `Required Contrxt Provisions, Federal— Aid Construction Contracts, "Form FHWA 1273, are included in this Section 14. Whenever in said required comact provisions references are made to "SHA Contracting officer," "SHA resident engineer," or "authorized representative of the SHA," such references shall be construed to mean "Engineer" as defined in Section 1 -1.18 ofthe Standard Specifications. PERFORMANCE OF PREVIOUS CONTRACT - In addition to the provisions in Section 11, "Nondiscrimination," and Section VU, "Subletting or Assigning the Contract" of the required contract provisions, the Comacta• shall corrrply with the folbwin-: The BIDDER shall execute the CERTIFICATION WITH REGARD TO THE PERFORMANCE OF PREVIOUS CONTRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND THE FILING OF REQUIRED REPORTS located in the proposal. No request for sublating or assigiing any potion of the contract in excess of $10,000 will be considered under the provisions of Section VII ofthe required contract provisions unless such request is accornparried by the CERTIFICATION referred to above, executed by the proposed suboontractor. NON-COLLUSION PROVISIONS - The provisions in this section are applicable to all contracts except contracts for Federal Aid Secondary projects. Title 23, United States Code, Section 112, requires as a condition preoedent to approval by the Federal Highway Adnninistrato' of the contract far this vvodc that each BIDDER file a swam statement executed by, or on behalf of, the person, fine, association, or corporation to whom such contract is to be awarded, certifying that such person, firm, associaton. or copoiubon has not either directly or in- directly, enterod into any ageernoit; p aticipxitod in any collusion or otherwise taken any action in restraint office eonnp etitive bidding in connection with the submitted bid. A form to make the notcollusion affidavit statement required by Section 112 as a certification render• penalty of peijr uy rather than as a svvom stitornent as permitted by 28, USC, Sec. 1746, is included in the propx)sal. PARTICIPATION BY DISADVANTAGED BUSINESS ENTERPRISES IN SUBCON- IRACTING - Part 26, Title 49, Code of Federal Regulations supplies to this Falciu -aid project. Pertinent sections of said Code ate inoorportod in partor in its entirety vvitlnin odner• sections ofthese special provisions, Schedule B - Infomration for DociiininingJoint Venture Eligibility. Attachment Exhibit A - FRI 8-07 -97 (This form need not be filled in if all joint venture firms are minority owned.) I. Name of joint venture 2. Address of join venture 3. Phone number of joint venture 4. Identify the firms which comprise the joint venture. (The DBE partner must complete Schedule A) a. Describe the role of the DBE firm in this joint venture. b. Describe very briefly the experience and business qualifications of each non -MBE joint venture: 5. Nature of the joint venture's business 6. Provide a copy of the joint venture agreement. 7. What is the claimed percentage of DBE ownership? 8. Ownership of joint venture: (This need not be filled in if described in the joint venture agreement, provided by question (6). a. Profit and loss sharing b. Capital contributions, including equipment. c. Other applicable ownership interests TO BE INCLUDED IN BID PACKAGE BP 17 of 28 CITY OF SANTA ANA PROJECT 11 -2612 — MAPLE STREET BIKE TRAIL ENHANCEMENT PROJECT 11 -2605 — GOLDEN LOOP BIKE TRAIL REHABILITATION PROPOSAL AND CONTRACT AGREEMENT 9. Conhnl of" participation in this contact Identify by name, race, sex, and "firm" those individuals (and their titles) who are responsible forday4a -day management and policy decisim making, including, NameofFinn NameofFitm but notlimited to, those with prime responsibility for: _ a. Financial decisions Signature Sigrmatrre Name Name b. Management decisions, such as: Title Tide 1. Estimating Date Date 2. Marlwting and sales Date 3. Hiring and firing of marn<a,ement State of County of 4. Purchasing ofnhajor items orsupplies On this _ day of 20___, before me appeared (name) to me personally known, who, being duly sm"A did execute the foregoing affidavit and did staff that he or she was properly authorized by (Name of firm) c. Supervision of field operations to execute the affidavit and did so as his or her fiee act and deed. Note: Il� after filing this Schedule B and before die completion of the Notary Public jointventrre's wor k on the contract covered by this regulation, there is Commission expires any significant change in the information submitted, the joint venture [Seaq must inform the grand either directly or through the prirne contractor ifthe joint venture is a subcontractor. Date Affidavit Staff of County of "llne undersigned swear that the I(',rr oing statements are correct and include all material information necessary to identify and explain the terns and operation ofourjoint venture and the intended participation by each joint vehtuer in dhc a deitaking. Father, the undersigned covenant and agree to provide to grantee current, comply and accurate information regarding act" joint venture work and the payment therefore and any prolx)sed changes in any of the joint venture arrangements and to lvi mit the audit and examination of the books, records, and fiks oi'die joint venture, by authorized representatives of the grmuhtee or the Federal furxling agency. Any material misrepresemition \\ill be grounds for terminating any coact which may he aw.wded and for initiating action under Federal or State laws conccmirn g f rlse statements:' Attadmient ExhilA A- FR28{17 97 On this _ day of 20� before me appeared (Name) to me personally known, who being sworn, did execute the foregoing affidavit and did state that he or she was properly authorized by (Name of firm) to execute the affidavit and did so as his or her free act and deed. Notary Public Commission expires [Seal] BP 18 of 28 TO BE INCLUDED IN BID PACKAGE CITY OF SANTA ANA PROPOSAL AND CONTRACT AGREEMENT PROJECT 11 -2612 — MAPLE STREET BIKE TRAIL ENHANCEMENT PROJECT 11 -2605 — GOLDEN LOOP BIKE TRAIL REHABILITATION TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 DEBARMENT AND SUSPENSION CERTIFICATION The BIDDER under penalty of perjury, certifies that except as noted below, he /she or any person associated therewith in the capacity of owner, partner, director, officer, manager: is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within past three years; has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years. If there are any exceptions to this certification, insert the exceptions in the following space. Exceptions will not necessarily result in denial of award, but will be considered in determining BIDDERS responsibility. For any exception noted above, indicate below to whom it applies, initialing agency, and dates of action. Note: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification. Name of BIDDER K mpany Inc. Signature of BIDDER Date � FED.8 -22 -88 TO BE INCLUDED IN BID PACKAGE BP 19 of 28 Local Agency BIDDER -DBE (Construction Contracts) - Information The successful BIDDER must execute and return the LOCAL AGENCY BIDDER — DBE INFORMATION form, even if no DBE participation will be reported. AGENCY:_ PROJECT DESCRIPTION: CONTRACT NUMBER:_ FEDERAL -AID PROJECT NUMBER: TOTAL CONTRACT AMOUNT: $ FEDERAL SHARE (For local a to complete) : $ BID DATE: BIDDER'S NAME: (i ! )Q CLIYA ADVERTISED DEE CONTRACT AVAILABILITY ADVI ee: LOCATION: CONTRACT ITEM NO. ITEM OF WORK AND DESCRIPTION OR SERVICES TO BE SUBCONTRACTED OR MATERIALS O BE PROVIDED '- DBE Cert. No. AND EXPIRATION DATE NAME OF DBEs' Must be certified on the date bids are opened - include DBE address nd phone number) DOLLAR AMOUNT DBE' SG , ✓r i - I J d'z1-o IMPORTANT: Identify all DBE firms being participating in the project, regardless of tier. Names of the First Tier DBE Subcontractors and their respective item(s) of work listed above should be consistent, where applicable, with the names and items of work in he "List of Subcontractors" submitted with your bid. Provide copies of the DBEs' uotes, and if applicable, a copy of joint venture agreements. pursuant to the Subcontractors Listing Law and the Special Provisions. I . Enter DBE prime and subcontractors certification number. Prime contractors shall indicate all work to be performed by DBEs including work performed by its own forces. If 100% of item is not to be performed or famished by DBE, describe exact portion of item to be performed or furnished by DBE. 3. See Section "Disadvantaged Business Enterprise (DBE)," of the Special Provisions (construction contracts), to determine how to count the participation of DBE firms. Total Claimed�;LtG., participation — �— _7 t Signature of BID / Date 2 / 1 / 1 (A a Code) Tel. No. Local Agency BIDDER - DBE Information ( ev 5/ I/ 6) Distribution: (1) Copy -Fax immediately to the Caltrans District Local Assistance Engineer (DLAE) upon award. (2) Copy - Include in award package to Caltrans District Local Assistance (3) Original — Local agency Tiles TO BE INCLUDED IN BID PACKAGE BP 20 of 28 CITY OF SANTA ANA PROJECT 11 -2612 — MAPLE STREET BIKE TRAIL ENHANCEMENT PROJECT 11 -2605 — GOLDEN LOOP BIKE TRAIL REHABILITATION PROPOSAL AND CONTRACT AGREEMENT NONLOBBYING CERTIFICATION FOR FEDERAL AID CONTRACTS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influence or attempting to influence an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriate funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the Ian age of this certification be included in all lower tier subcontracts, which exceed $100,000,an4 that/All such sub - recipients shall certify and disclose accordingly. BIDDER'S Hondo Company Inc Firm December 1, 2011 Date • Standard Form LLL may be obtained from Caltrans and FHWA offices. TO BE INCLUDED IN BID PACKAGE BP 21 of 28 CITY OF SANTA ANA PROJECT 11 -2612 — MAPLE STREET BIKE TRAIL ENHANCEMENT PROJECT 11 -2605 — GOLDEN LOOP BIKE TRAIL REHABILITATION PROPOSAL AND CONTRACT AGREEMENT DISCLOSURE OF LOBBYING ACTIVITIES (�U /" / Ccirn Iete thic form to rlicclnce lnhhvin¢ activities nursuant to 31 U.S.C. 1352 1. Type of Federal Action 2. Status of Federal Action 3. Report Type: ❑ a. Contract ❑ a. Bid/offer /application ❑ a. initial b. Grant b. initial award b. material change c. Corporate Agreement c, post -award d. Ban For Material Change only: e. Loan Guarantee Year quarter_ f. Loan Insurance date of last report 4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime: ❑ Prime ❑ Subwardee Tier , If known Congressional District, i known Congressional District, i known 6. Federal Department/Agency: 7. Federal Program Name/Descdption CFDA Number, If applicable 8. Federal Action Number, f known 9. Award Amount, f known 10. a. Name and Address of Lobbying Entity b. Individual Performing Services (urhdng ad4rssifd fi=No. (¢tW Ilkr) (last ncaw fu& nwg Ml) (attach Continuation Sheet(s) if necessary) 11. Amount of Payment (check all that apply): 13. Type of Payment (check all that apply) $ ❑ Actual ❑ Planned ❑ a. retainer ❑ b. one -time fee ❑ a commission 12. Form of Payment (check all that apply): ❑ a. cash ❑ d. contingent fee ❑ b. in -kind; specify: nature ❑ e. deferred value ❑ f. other, specify 14. Brief Description of Services Performed or to be performed and Date(s) of Service, including officer(s), employee(s), or member(s) contacted, for Payment indicated in item 11: (attach Continuation Sheet(s) if necessary) 15. Continuation Sheet(s) attached: ❑ Yes ❑ No 16. k&nnation mWestodthrough this ftmn is mdior � by Tide 31 USC Section 1352. This disclosureoflobbying acMes isatimterial rqxesmbfion offactupon Signature which reliancewasp lacedbythetierabove when d etransacionwasmadeorentaw inlo. Thisdisclos ureisrequuedpumimto31 U.S.C.1352. This uifomration will be Print Name reportedtio the Congress semi annually and will be avxlable forpublic inspec6m Any person who fails b file the required disclosure shall be subject l o acivil penalty of Title not less than $10,000 and not more than $100,000 foreach such failure. Telephone No. Date Federal Use Only: Authorized for Local Reproduction Standard Form —LLL TO BE INCLUDED IN BID PACKAGE BP 22 of 28 CITY OF SANTA ANA PROJECT 11 -2612 — MAPLE STREET BIKE TRAIL ENHANCEMENT PROJECT 11 -2605 — GOLDEN LOOP BIKE TRAIL REHABILITATION PROPOSAL AND CONTRACT AGREEMENT BIDDER'S STATEMENT REGARDING REQUIRED FEDERAL CONTRACT PROVISIONS (Form FHWA -1273) The undersigned, is submitting this proposal for performing by contract the work required by these bid documents, agrees to co ply with the required Federal Contract Provision (Form FHWA -1273) as shown in the appendix of Jhe stecial provisions of this project. Signed Title President Firm Hondo Company Inc. Date December 1, 2011 TO BE INCLUDED IN BID PACKAGE BP 23 of 28 CITY OF SANTA ANA PROJECT 11 -2612 - MAPLE STREET BIKE TRAIL ENHANCEMENT PROJECT 11 -2605 - GOLDEN LOOP BIKE TRAIL REHABILITATION PROPOSAL AND CONTRACT AGREEMENT CERTIFICATION FOR FEDERAL AID CONTRACTS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal Agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of an Federal contract, grant, loan, or cooperative agreement. (2) If any funds other Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL *, "Disclosure of Lobbying Activities" in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospectiv participant also agrees by submitting his or her proposal that he or she shall require that the language of this rtifcation be included in all lower tier subcontracts, which exceed $100,000 and that all such sub- reWents s all certify and disclose accordingly. BIDDER Hondo Company Inc. Firm December 1. 2011 Date TO BE INCLUDED IN BID PACKAGE BP 24 of 28 CITY OF SANTA ANA PROJECT 11 -2612 — MAPLE STREET BIKE TRAIL ENHANCEMENT PROJECT 11 -2605 — GOLDEN LOOP BIKE TRAIL REHABILITATION PROPOSAL AND CONTRACT AGREEMENT BIDDER'S CERTIFICATE OF COMPLIANCE REGARDING "BUY AMERICA" REQUIREMENTS FOR STEEL OR MANUFACTURED PRODUCTS The undersigned, is submitting this proposal for performing by contract the work required by these bid documents, certify to comply with the " Buy America" requirements of Section 165 of the Surface Transportation AssistInye Ac of 1982 and as shown in the special provisions of this project. Signed Title President Firm Hondo Company Inc Date December 1, 2011 TO BE INCLUDED IN BID PACKAGE BP 25 of 28 CITY OF SANTA ANA PROJECT 11 -2612 — MAPLE STREET BIKE TRAIL ENHANCEMENT PROJECT 11 -2605 — GOLDEN LOOP BIKE TRAIL REHABILITATION PROPOSAL AND CONTRACT AGREEMENT PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the BIDDER hereby declares under penalty of perjury under the laws of the State of California that the BIDDER has _ , has not X been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "BIDDER" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1. Note: The BIDDER must place a check mark after "has" or "has not" in one of the blank spaces provided. The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed / 1, L Title Pre`siden Firm Hondo Company Inc. Date December 1, 2011 TO BE INCLUDED IN BID PACKAGE BP 26 of 28 CITY OF SANTA ANA PROJECT 11 -2612 — MAPLE STREET BIKE TRAIL ENHANCEMENT PROJECT 11 -2605 — GOLDEN LOOP BIKE TRAIL REHABILITATION PROPOSAL AND CONTRACT AGREEMENT PUBLIC CONTRACT CODE SECTION 10162 QUESTIONAIRE 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 If the answer is yes, explain the circumstances in the following space. TO BE INCLUDED IN BID PACKAGE BP 27 of 28 CITY OF SANTA ANA PROJECT 11 -2612 — MAPLE STREET BIKE TRAIL ENHANCEMENT PROJECT 11 -2605 — GOLDEN LOOP BIKE TRAIL REHABILITATION PROPOSAL AND CONTRACT AGREEMENT PUBLIC CONTRACT CODE SECTION 10232 STATEMENT In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board. Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed Title President Firm Hondo Company Inc. Date December 1, 2011 TCl BE l3SET * FEDERALL NDE01 PR0JECTS ONLY Do not include this Page in the specification TO BE INCLUDED IN BID PACKAGE BP 28 of 28 FEDERAL MINIMUM WAGE RATES Insert the Federal minimum wage rates in Appendix J. Go to Caltrans website to obtain a copy: http://www.access.gpo.gov/davisbacon/ca.htm I Scroll down to Orange County Select latest highway entry TO BE INCLUDED IN BID PACKAGE BP 29 of 28 r U BID BOND KNOW ALL MEN BY THESE PRESENTS, that we Hondo Company, Inc. as principal, hereinafter called the "Principal," and SURETEC INSURANCE COMPANY,9 737 Great Hills Trail, Suite 320, Austin, Tx 78759, as surety, hereinafter called the "Surety," are held and firmly bound unto City of Santa Ana as obligee, hereinafter called the Obligee, in the sum of Ten Percent of amount Bid Percent ( 10 %) of the Amount Bid by Principal for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Project 11 -2612 Maple Street Bike Trail Enhancement WHEREAS, the principal has submitted a bid for Project 11 -2605 Golden Loop Bike Trail Rehabilitation Centennial Park - 3000 W. Edinger NOW, THEREFORE, if the contract be timely awarded to the Principal and the Principal shall within such time as specified in the bid, enter into a contract in writing or, in the event of the failure of the Principal to enter into such Contract, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee 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. PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee prior to execution of the final contract shall furnish evidence of financing in a manner and form acceptable to Principal and Surety that financing has been firmly committed to cover the entire cost of the project; and PROVIDED, FURTHER, unless the bid documents require that bid security remain in effect for a longer period of time, Surety shall have no liability hereon if a contract for the bid amount is not awarded to Principal within 60 days of the date hereof. SIGNED, sealed and dated this 18th SureTec - Bid Bond Uncapped.doc Rev 1.1.06 day of January , 20 12 Hondo Cc (Principal) I:l'i TITLE: PresideVit SureTec Insurance Company BY: William Syr k, , Attorne -Fact ert POA #: 510015 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know AU Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company "), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint William Syrkin, Richard Adair, P. Bauer, R. Haas -Bates its true and lawful Attorney -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for: Five Million and 00/100 Dollars ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the premises. Said appointment shall continue in force until 10/31/2013 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice - President, any Assistant Vice - President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s) -in -Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 201h of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 3rd day of September, A.D. 2010. SURETEC INSU EC PANY By: w' w ; n= John K(j Jr., resident Cr , 5 tz State of Texas ss: County of Harris On this 3rd day of September, A.D. 2010 before me personally came John Knox Jr., to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. o�sr'as� JAC62UELYN MAIDONADO _ =•;' Notary Public, State of Texas . = y acq �elyt aldo ado, Notary Public My Commission Expires o May t ti, 2013 y comm sion ex it�es May 18, 2013 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. 18th Janua ry , A.D. Given under my hand and the seal of said Company at Houston, Texas this day of M. Brent Beaty, Assistant Secretary Any Instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call (713) 812 -0800 any business day between 8:00 am and 5:00 pm CST. • • -:L... • �e:.>: �. :..�eg,.:.t!..�:v, ».,� State of California County of Orange On 1/18/2012 before me, A. Wilkison, Notary Public Date Here Insert Name and Title of the Officer personally appeared William Syrkin Name(s) of Signer(s) Z f „5 A. WILKISON Commission # 1866283 Notary Public - California v Orange County fvly Comm. Expires Sep 26, 2013 who proved to me on the basis of satisfactory evidence to be the person(-&) whose name(&) is/am subscribed to the within instrument and acknowledged to me that he/aheRhey executed the same in his/beN#ieiF authorized capacity(fee), and that by his /beF414ei signature(4 on the instrument the person(*, or the entity upon behalf of which the person(&} acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand nd� off icial seal. , Signature Place Notary Seal Above Signature of Notary Pudic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Bid Bond Document Date: 1/18/2012 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: William Syrkin L Individual Corporate Officer — Title(s): Partner — ! --1 Limited L General Q Attorney in Fact Trustee Top of thumb here Guardian or Conservator L Other: Signer Is Representing: SureTec Insurance Company Number of Pages: One Signer's Name: Individual L Corporate Officer — Title(s): _ L Partner — L Limited L General L Attorney in Fact L Trustee Guardian or Conservator L Other: Signer Is Representing: it4;;HT TH €.lfiBPR€t,T OF SIGNER Top of thumb here 02007 National Notary Associabon• 9350 De Soto Ave., P.O. Box 2402 •Chatsworth. CA 91313 -2402 www.NationalNotaryorg Item #5907 Reorder: Call Toll -Free t -800- 876 -6827 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Orange On 2/1/12 before me, Mary L. Salgado, a notary public Date Here Insert Name and Title of the Officer personally appeared Robert Lloyd Name(s) of Signer(s) MARY L. SALGADO Commission # 1886054 14.09-1 Z •'� Notary Public - California i Orange County M Comm. Expires Apr 17, 2014 who proved to me on the basis of satisfactory evidence to be the person(.&) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /sho4hay executed the same in his /he4t4e4r authorized capacity(4es), and that by his/ signature($) on the instrument the person(, or the entity upon behalf of which the person(-&) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: Place Notary Seal and /or Stamp Above OPTIONAL Signature of Notary u lic Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: I Corporate Officer — Title(s): Individual Partner — -7 Limited ❑ General Top of thumb here Attorney in Fact Trustee — Guardian or Conservator Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact Trustee L. Guardian or Conservator ❑ Other: Signer Is Representing: 02008 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313 -2402 • www.NationalNotary.org Item #5907 Reorder: Call I oll -Free 1- 8UU- B1ll -tib2/ �� 1Y�` MEMORANDUM - r,r Paul Walters To: Interim City Manag� Date: May 22, 2012 Raul Godinez II, Executive Director From: Public Works Agency Subject: 11 -2605; GOLDEN LOOP BIKE TRAIL REHABILITATION & 11 -2612 MAPLE STREET BIKE TRAIL ENHANCEMENT CHANGE ORDER #1 Contractor: Hondo Company, Inc. 2121 S. Lyon Street Santa Ana, CA 92705 Project Description: Golden Loop Bike Trail Rehabilitation &Maple Street Bike Trail Enhancement Change Order Number: 1 Accounting Unit - Account- Activity Number: Original Contract: $614,859 Amount of This Change Order: $ 15,772 Previously Approved Change Orders: $ -O- Total Change Orders: $ 15,772 REASON FOR CHANGES EXTRA WORK AT AGREED PRICES 05917660 66220 - 11261201028 of Original 2.56% O.O% 2.56% There were two modifications to the irrigation system at the Maple Street Bike Trail rest area: 1 . The contract documents require a new electrical service for the irrigation controller but do not specify an electrical service enclosure. The contract only specifies an irrigation controller enclosure which is insufficient for the electrical service; therefore a combination electrical service and irrigation controller is necessary. Project 1 1 -2605 & 1 1 -2612 Request for Approval of Change Order No. 1 May 22, 2012 Page 2 of 2 2. The contract documents require a new eight station irrigation controller and indicate that six stations are to be used and two are to be spares for future use. The plans show nine new irrigation control valves; therefore the irrigation controller needs to be upgraded to a 12 station controller, which is the next available sized controller. This cost compensates the contractor for the cost of the upgraded controller and equipment necessary for the controller to function properly in the new enclosure and for the cost of the new combination enclosure. The cost also accounts for a credit for deletion of the specified irrigation enclosure_ (PCO 2) AGREED COST = $ 4172 NEW CONTRACT LINE ITEMS The contract documents for the Maple Street Bike Trail indicate an estimated quantity for unclassified excavation of 14 cubic yards with the bid amount at $200 per CY. When grading operations started it was discovered that the actual quantity would be approximately 400 CY_ Due to the increased quantity of dirt that needs to be removed from the site a new line item cost of $29 per CY was negotiated to remove and dispose of the excess dirt. ESTIMATED COST= $ 11,600 APPROVED AS TO FUNDS AND ACCOUNTS: it Z 1G � -� .n .Y Ra odinez II xecutive Director Francisco Gutierrez, Executive Director V � Public Works A ncy Finance and Management Services Agency K:\construction\projects \1'I- 2605 \MEM RFA 01 CCO 1 CITY OF SANTA ANA PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number 1 1- 2605;GOLDEN LOOP BIKE TRAIL REHABILITATION Change Order Number 1 & 11 -2612 MAPLE STREET BIKE TRAIL ENHANCEMENT To Hondo Company, 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 specffications on this contract. NOTE: THIS CHANGE ORDER IS NOT EFFECTIVE UNTIL APPROVED BY THE CITY COUNCILOR 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 NEW CONTRACT LINE ITEMS Item # New Bid Item Unit Quantit Unit Price Total 25 Remove Excess Soil CY 400 $29 $1 1 ,600 EXTRA WORK AT AGREED PRICES 1 . Install electrical service cabinet and 12 station controller (PCO 2) Page 1 of 2 AGREED COST = $ 4,'172 �, 6 ^� '� `, ` -� �.> CITY OF SANTA ANA PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number 1 1- 2605;GOLDEN LOOP BIKE TRAIL REHABILITATION Change Order Number & 11 -2612 MAPLE STREET BIKE TRAIL ENHANCEMENT To Hondo Company, 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 final 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 final 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 final 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 final 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 final 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 $ 15, 7%2.00 By reason of this order the CONTRACT TIME completion will be adjusted as follows: Fifteen (15) 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 specked, and will accept as full payment therefor th pric shown above. epted, Date - e� �� contraaor Hondo Company, Inc. Title � //��j � Approval recommended by �j1�� %/ ►� Date � � � � �� Approved by �.�tx j ,(J;,��— Date (�l/L�/�L -- C1TY MANAGER Page 2 of 2 Raul Godinez II To: Executive Director, PWA Tyrone Chesanek ;From: Acting Principal Civil Engineer L1 Y F Y „tW F Date: May 31, 2012 REQUEST FOR PRIOR APPROVAL OF CHANGE ORDER Subject: PROJECT NOS. 11 -2605 GOLDEN LOOP BIKE TRAIL REHABILITATION & 11 -2612 MAPLE STREET BIKE TRAIL ENHANCEMENT EXTRA WORK AT AGREED PRICES At the Maple Street Bike Trail rest area the contract documents show plugs of native plants as part of the landscaping plan. These plugs are seasonal are not available this time of year; therefore Design Engineering has requested that 1 gallon plants be planted instead. (PCO 3) ESTIMATED COST = $ 1500 At the Maple Street Bike Trail rest area the contractor installed a new double check backflow device per the contract documents. Double check backflow devices are not permitted for irrigation use per S.A.M.C. Sec. 39 -28; therefore the device needs to be removed and replaced with a lead -free reduced pressure principle device. (PCO 4) AGREED COST = $ 1230 On the east side of the Maple Street Bike Trail rest area the project abuts private property. Most of the properties have a block wall adjacent to the rest area that provides security and screening of the property from users of the trail. Two of the properties have makeshift fences that offer little screening and security from the trail users. Design Engineering has requested that a chain link fence be installed and vines planted along the property line at these locations. (PCO 5) ESTIMATED COST = $ 5000 Contract Amount $ 614,859 Previous CCOs $ 15,772 This Request $ 7,730 Total CCOs $ 23,502 % of Contract Amount 3.82% Project 11 -2605 & 11 -2612 Prior Approval #2 May 31, 2012 Page 2 To avoid delay to the progress of the project, it is recommended that prior approval of this contrapl � .tange order be granted. Acting Principal Civil Engineer RECOMMENDED APPROVAL: Souri Amirani, Interim City Engineer 11- 2605 /change order /MEM PACO #2 APPROVED: r- Raul Godinez II, cutive Director MEMORANDUM - �� Paul Walters To: City Manager Date: July 2, 2012 Raul Godinez II, Executive Director From: Public Works Agency Subject: 11 -2605; GOLDEN LOOP BIKE TRAIL REHABILITATION & 11 -2612 MAPLE STREET BIKE TRAIL ENHANCEMENT CHANGE ORDER #2 Contractor: Hondo Company, Inc. 2121 S. Lyon Street Santa Ana, CA 92705 Project Description: Golden Loop Bike Trail Rehabilitation 8� Maple Street Bike Trail Enhancement Change Order Number: 2 Accounting Unit - Account- Activity Number: 05917660 66220 - 11261201028 Original Contract: $614,859 Amount of This % of Original Change Order: $ 5,095 0.82% Previously Approved Change Orders: $ 15,772 2.56% Total Change Orders: $ 20,867 3.39% REASON FOR CHANGES EXTRA WORK AT AGREED PRICES 1 _ At the Maple Street Bike Trail rest area the contract documents specify 4" sisyrinchium plants which are not commercially available in that size therefore the contractor was directed to plant one gallon size sisyrinchium in lieu of those specified. (PCO 3) AGREED COST = $1332 Project 11- 2605 8. 11 -2612 Request for Approval of Change Order No. 2 July 2, 2012 Page 2 of 2 2. At the Maple Street Bike Trail rest area the contract documents specify muhlenbergia plants to be installed as plugs. These plants are not commercially available in plugs; therefore the contractor was directed to plant one gallon sized muhlenbergia plants in lieu of those specified. (PCO 3) AGREED COST = $ 475 3. At the Maple Street Bike Trail rest area the contractor installed a new double check backflow device per the contract documents. Double check backflow devices are not permitted for irrigation use per S.A. M.C. Sec. 39 -28; therefore the device needed to be removed and replaced with alead -free reduced pressure principle device. (PCO 4) AGREED COST = $1,230 4. On the east side of the Maple Street Bike Trail rest area the project abuts private property. Most of the properties have a block wall adjacent to the rest area that provides security and screening of the property from users of the trail. Two of the properties have makeshift fences that offer little screening and security from the trail users. Design Engineering has requested that a chain link fence be installed and vines planted along the property line at these locations. (PCO 5) AGREED COST = $ 4,758 5. On the west side of the Maple Street Bike Trail rest area the contract documents call for new irrigation to be installed in the existing parkway adjacent to the asphalt trail. After testing the existing irrigation it was determined that the existing irrigation was sufficient for the area therefore the proposed irrigation was deleted from the contract. APPROVED AS TO FUNDS AND ACCOUNTS: Rau Godinez II, Ex utive Director Public Works Agency K= \construction \projects \1'I - 2605 \MEM RFA 02 CCO 2 AGREED CREDIT = $ (2700) �: �` '. 1 lJ l7 Fra isco Gutierre ,Executive Director Fivn _nce and Ma g ment Services Agency 'K \h t`l�n O l\6` � y�v CITY OF SANTA ANA PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number 1 1- 2605;GOLDEN LOOP BIKE TRAIL REHABILITATION Change Order Number 2 & 11 -2612 MAPLE STREET BIKE TRAIL ENHANCEMENT To Hondo Company, 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 Pt tcat r� W(IRKS Or_Fnir -v EXTRA WORK AT AGREED PRICES 1. Replace specified 4" sisyrinchium with 1 gallon sisyrinchium as directed by City of Santa Ana RFI #5 response dated May 21 2012 (PCO #3). AGREED COST = $ 1,332 2. Replace specified plugs with one gallon muhlenbergia per as directed by City of Santa Ana RFI #5 response dated May 21 2012 (PCO #3). AGREED COST = $ 475 3. Install reduced pressure principle backflow device per City of Santa Ana correspondence dated May 24, 2012 (PCO #4). AGREED COST = $ 1230 4. Install chain link fence along rest area per City of Santa Ana correspondence dated May 30, 2012 (PCO #5). AGREED COST = $ 4,758 5. Delete irrigation in parkway adjacent to rest area AGREED CREDIT = $ (2700) Page 1 of 2 �• CITY OF SANTA ANA Y1. ' 1 PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number 11- 2605;GOLDEN LOOP BIKE TRAIL REHABILITATION Change Order Number 2 8� 11 -2612 MAPLE STREET BIKE TRAIL ENHANCEMENT To Hondo Company, 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 final 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 final 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 final 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 final 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 final 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 � 5095.00 By reason of this order the CONTRACT TIME completion will be adjusted as follows: Fifteen (15) Working Days We the undersigned contractor have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all service necessary for the work above specified, and will accept as full payment therefor the prices shown above. Accepted, Date �.6¢'�Z Contractor Hondo Company, Inc. By Title QPFh, w � Approval recommended by Date ��'� � yf2- P C WORKS AGENC EX CUT /VE D /RECTOR /� Approved by � Date � t9 � Z_ CITY MANAGER Page 2 of 2