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HomeMy WebLinkAboutGREEN GIANT LANDSCAPE, INC. (6) Recording Requested By, And When Recorded Mail To: Clerk of the Council,City of Santa Ana Recorded in Official Records, Orange County 20 Civic Center Plaza,P.O.Box 1988 Hugh Nguyen, Clerk-Recorder Santa Ana,CA 92702 IIIIIIIiil111111111111111111111111111111111111111111111111111111111 NO FEEIl111111 2015000393393 9:22 am 07/29/15 62 41S N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 f " 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 FLOWER STRET BIKE TRAIL GAP CLOSURE SUNFLOWER AVENUE TO Q MACARTHUR BOULEVARD under contract entered into on AUGUST 5, 2013, with v o GREEN GIANT LANDSCAPE, INC., on which contract PHILADELPHIA INDEMMITY wINSURANCE COMPANY is surety. The property on which such work improvement was U c placed is in the City of Santa Ana, County of Orange, State of California, and described as 0 H Project No. 12-2620 located at: FLOWER STREET. The work improvement on said property o w was accepted as completed on JUNE 30, 2015. z CITY OF S T ANA,A MUNICIPAL CORPORATION o � xo wDated: 6 Princi al Civil Engineer-Tyrone Chesanek H Z _-et TITLE ------------------------------------------------------------------------------------------- � a W a VERIFICATION a I, the undersigned, say: I am the City Engineer - Edwin"William" Galvez 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 o&. U , at Santa Ana, Califo 'a (Signature of indi ' swearing that the contents of Not e 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: AUGUST 5, 2013 TITLE: CONTRACT AWARD FOR THE FLOWER STREET BIKE TRAIL FROM MACARTHUR BLVD. TO SUNFLOWER AVE. (PROJECT 12-2620) RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPRn\/ED AUG - 5 2013 As Recommended) o26 C ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on god Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Award a contract to the lowest responsible bidder, Green Giant Landscape, Inc., in accordance with the Base Bid plus Bid Item Nos. 47 and 49 of Add Alternate 1, totaling $968,500 for the construction of Flower Street Bike Trail from MacArthur Blvd. to Sunflower Ave. 2. Approve the Cost Analysis for a total estimated project delivery cost of $1,259,050. DISCUSSION The recommended action will allow the City to proceed with construction of the Flower Street Bike Trail from MacArthur Blvd. to Sunflower Ave. The project has received budget and funding approval, and is part of the City's Capital Improvement Program. Project design is complete and bid procedures have been followed, as established by the City's Municipal Code and in adherence to the Public Contracts Code. The Flower Street Bike Trail is part of the Golden Loop Recreational Trail, a 24 -mile regional trail that meanders through the city and is part of the OCTA Commuter Bikeways Strategic Plan, providing facilities for biking, jogging, and walking. The Flower Street Bike trail is adjacent to local elementary, intermediate, and high schools; South Coast Metro Arts and Entertainment District; South Coast Plaza; and Metro Pointe Shopping Center. On June 21, 2010, the City Council authorized the application for project funding through the Transportation Enhancement (TE) Program administered by the Orange County Transportation Authority (OCTA). OCTA authorized TE federal funding for up to $500,000 for this project. Additionally, the State Recreation Trail Program approved funding in the amount of $550,000. Both of these grants are designated for transportation projects to integrate various modes of transportation facilities into our community. Contract Award for the Flower Street Bike Trail from MacArthur Blvd. to Sunflower Ave. August 5, 2013 Page 2 The Flower Street Bike Trail from MacArthur Blvd. to Sunflower Ave. project consists of installing a 10 -foot -wide asphalt bicycle trail, irrigation, and landscaping along the flood channel that runs parallel to Flower Street, as shown in Exhibit 1. The proposed project will accomplish the following objectives: 1) Provide regional commuter linkages within (and beyond) the city limits and expand commuter opportunities on a regional level by connecting the Sunflower bike lane to the Flower Street bike trail. 2) Expand recreational opportunities on a regional level, as the Golden Loop trail provides linkages to extensive trail systems throughout Santa Ana and Costa Mesa that connect to other neighboring cities in Orange County; 3) Improve safety of walkers, joggers, cyclists, skaters, and equestrian users, and allow full trail accessibility for persons with disabilities; and 4) Address neighborhood concerns regarding the appearance of this section of Flower Street. The Notice Inviting Bids was advertised on June 7 & 8, 2013, and bids were opened on June 27, 2013. A summary of the bid invitations mailed, bids received, and bid results are as follows: Contractor Participation Data Santa Ana Contractors receiving notices: 16 Contractors requesting bidding documents: 18 Bids received: 9 Bids received from Santa Ana Contractors: 0 Bid Results Summary RANK BIDDER NAMES LOCATION BASE BID 1 Green Giant Landscape, Inc La Habra $874,500.00 2 Diversified Landscape Management, Inc. Corona $916,088.47 3 CS Legacy Construction, Inc. Chino $924,784.00 4 Two Brothers Construction Company Buena Park $930,329.43 5 GMC Engineering, Inc. Tustin $934,000.00 6 KASA Construction, Inc. Ontario $967,540.00 7 YAKAR San Dimas $1,059,190.00 8 Minako America Corporation dba Minco Construction Gardena $1,259,340.78 9 PUB Construction, Inc. Diamond Bar $1,349,016.74 Contract Award for the Flower Street Bike Trail from MacArthur Blvd. to Sunflower Ave. August 5, 2013 Page 3 A total of nine bids were received and deemed responsive. The bid results and the lowest responsive bid by Green Giant, Inc., in the amount of $874,500, compares favorably with the Engineer's Estimate of $1,028,100. Due to the favorable bid pricing, staff recommends inclusion of Bid Item Nos. 47 and 49 of Add Alternate 1 as part of this award, which provides security lighting and an 8 -foot wrought iron fence in the amount of $94,000. The inclusion these additional items bring the contract total to $968,500. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, this project is exempt from further review. Categorical Exemption Environmental Review No. 2006-197 was filed for this project. In addition, a Certification of Categorical Exemption and a Statutory Worksheet have been prepared in accordance with the National Environmental Policy Act. FISCAL IMPACT The Project Cost Analysis, as shown in Exhibit 2, determined that the total funds needed to deliver the project are $1,259,050. The total cost includes construction, construction administration, testing, and contingencies. Funding to cover costs is available in the Parks Acquisition and Development Fund (Account 31313260-66220), Transportation Enhancement Fund (Account 05917660-66220), and the Recreational Trail Program Fund (Account 17213240- 66220). 'Edwin "William" Galyez, P.E. Acting Executive Director Public Works Agency Gerardo Mouet Executive Director Parks, Recreation, and RG/ET APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director G191 Finance & Management Services Agency nity Services Agency Exhibit 1: Project Location Map 2: Cost Analysis Description: Flower Street Bike Trail from MacArthur Blvd. to Sunflower Ave. - Construction of a 10 -foot wide by one-half mile long asphalt bicycle trail, including landscaping, irrigation, security lighting, wrought iron fencing and trailhead plaza. j = �"— L-- MACARTHUR SUNFLOWER ST EXHIBIT 1 SANTA ANA �' cmr caurlaL PROJECT RPSTPLE: 5063 (143)12-2620 P� AGENDADATE 2oW FLOWER STREET BIKE TRAIL � AS FROM MACARTHUR BLVD. TO SUNFLOWER AVE. u ics .wcxc PAGE 1 OF 1 EXHIBIT 1 COST ANALYSIS PROJECT NO. 12-2620 CONTRACT AWARD FOR FLOWER STREET BIKE TRAIL FROM MACARTHUR BLVD. TO SUNFLOWER AVE. Construction Contract $968,500 Contract Administration $96,850 Inspection and Testing $29,055 Survey $19,370 Contingencies $145,275 TOTAL ESTIMATED CONSTRUCTION COSTS 1 259 050 EXHIBIT 2 IF THE REGISTER 625 N GRAND AVE, SANTA ANA, CA 92701 Telephone (714) 796.7000 1 Fax (714) 79&8059 PROOF OF PUBLICATION (2015.5 C.C.P.) State of California ) County of ORANGE )as Notice Type: BID- NOTICE INVITING BIDS Ad Description: Flower Street Bike Trail Gap Closure From MacArthur To Sunflower 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 1111911905, 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: 0610712013, 06/08/2013 Executed on: 06/06/2013 At SANTA ANA, California I certify (or declare) under penalty of perjury that the foregoing is true and correct. Signature TMs space rw filing stamp only CNS#: 2494651 IIIIIIII II��IIIIIIVIIIVIIIIIIIVIIIIIIIVIIIiIIIIIIIIIII * A 0 0 0 0 0 3 0 9 7 2 0 0 uj Q_ N Y rmq PROJECT 12-2620, RPSTPLE 5063 (143) —FLOWER STREET BIKE TRAIL GAP CLOSURE PROPOSAL & CONTRACT AGREEMENT BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: Green Giant Landscape, 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 12-2620, RPSTPLE 5063 (143) — FLOWER STREET BINE TRAIL GAP CLOSURE 1. Clearing and Grubbing LS I $ 5gSri $ JL% 8�)l 2. Unclassified Excavation* CY 630 $ '00 $ /9&00 3. AC Pavement* TN 850 $ 400 $-95020 4. Construct PCC Driveway Approach SF 600 $ /® $ (0060 (T=8") 5. Construct PCC Curb Ramp SF 600 $ % $ q" 6. Construct PCC Sidewalk (T=4")* SF 200 $ $ 000 7. Construct PCC Walks (T=6") with 6" SF 6,500 $�, $J';1660 x 6" Welded Wire Mesh* 8. Construct PCC Curb & Gutter A-2- LF 220 $ J $ 200 (8)* 9. Construct PCC Header* LF 4,300 $ V $ 91500 10. Construct 6" PCC Pavement SF 700 $ $ 5! O_00 11. Trailhead Plaza LS 1 $ 90000 $�® 12. Construct 6" All -Weather Shoulder SF 8,000 $ q $ 3® Crushed Aggregate Base (CAB) TO BE INCLUDED IN BID PACKAGE BP 1 of 29 CITY OF SANTA ANA PROJECT 12-2620, RPSTPLE 5063 (143) — FLOWER STREET BIKE TRAIL GAP CLOSURE PROPOSAL & CONTRACT AGREEMENT BID PROPOSAL, continued Item # Bid Item Unit Quantity Unit Price Amount 13. Furnish and Install 5' Wrought Iron LF 2,100 $ 50 $ 05000 Fence 14. Furnish and Install 5' Wrought Iron EA 1 $ 1060 $ /000 Gate 15. Furnish and Install 5' Wrought Iron EA 2 $ °%��% $ /I/00 Ace. Door 16. Furnish and Install Guard Cable Fence LF 2,200 $ $ 316100 (H=3.5') 17. Furnish and Install Collapsible Bollard EA 4 $ /000 $ 14000 18. Furnish and Install Trash Receptacle EA 2 $ 000 $_q Y00 19. Signing and Striping LS I s/0500 $ 1656o 20. Furnish and Install New No. 6 Pullbox EA 9 $� $ /800 21. Furnish and Install Pedestrian Push EA 4 $ IDo 0 $ L1000 Button* 22. Temporary Construction Sign EA 2 $ Sri® $ 1600 23. Drainage System LS 1 $ V $ ?)-Id 24. Landscape System*** LS 1 $ '�'lgoo $ dlgdo 25. Orange County Conservation Corps EA 5,154 $ 4.00$ 20,616 Planting (I & 5 gallon shrubs)* 26. Irrigation System LS 1 $ 12-3,�DO 27. 31 -Day Landscaping and Irrigation LS I $ 000 $ Mo0 Maintenance Period 28. 2" PVC Conduit* LF 200 $ 29. 3" PVC Conduit* LF 200 $ )- J5 $ Soo 30. Relocate Existing Palm Tree EA 2 $ ' 5500 $ 5600 TO BE INCLUDED IN BID PACKAGE BP 2 of 29 CITY OF SANTA ANA PROJECT 12-2620, RPSTPLE 5063 (143) — FLOWER STREET BIKE TRAIL GAP CLOSURE PROPOSAL & CONTRACT AGREEMENT BID PROPOSAL, continued Item # Bid Item Unit Quantity Unit Price Amount 31. Remove Chain Link Fence LF 2,100 $_ _,?L $ (o -360 32. Remove Chain Link Gate EA 2 $ 4/00 $ 900 33. County of Orange Permit Processing LS I $ 1000 $ /000 (Permit Fee is waived) 34. 20' Phoenix Dactylifera: Datepalm EA 3 $ t10 D $ Igigo 0 35. 30' Phoenix Dactylifera: Datepalm EA 8 $ gSSD $-3-6-00-0 36. 1 Gallon Festuca Ovina Glauca: EA 75 $ S $ Blue Fescue** 37. 1 Gallon Bougainvillea Spectabilis: EA 21 $ / $ Great Bougainvillea* * 38. 1 Gallon Pyrostegia Ignea: Flame EA 195 C $ r J $ 7 Vine** 39. 1 Gallon Penniseteum Setaceum: EA 691 `_ $ & $ q6a Fountain Grass** 40. 5 Gallon Iris Douglasiana: Douglas EA 686 $ $ pp Iris** 41. 5 Gallon Phormium Tenax: New EA 2,579 $ % $�%�fi0 6 Zealand Flax** 42. 5 Gallon Agapanthus Africanus: EA 491 $ $ S Lily of the Nile** 43. 24" Platanus Acerifolia: London EA 68 C $ r�J�� $ /7000 Planetree 44. 5 Gallon Raphiolepis Indica EA 416 $ Ig $ qqj Lampranthus Auranticus Busnile: Pink Cloud** 45. 24" Pyrus Kawakamii: Evergreen EA Pear 46. Foundation Support LS TOTAL BASE BP 3 of 29 7 $9 $>'50 1 $ - $ 20.000 -------------------------- - $ `$ T4115DO — TO BE INCLUDED IN BID PACKAGE ADD ALTERNATE # I 47. Security Lighting System LS 1 $----------- $ 30,000 48. Furnish and Install 5' Wrought Iron LF 800 $ J�% Fence* 49. Furnish and Install 8' Wrought Iron LF 800 $ 80 $ (P WV0 Fence* TOTAL ADD ALTERNATE BID # I-------------------------------------------------- $ f �i The lowest responsible bidder shall be selected based on the lowest TOTAL BASE BID. 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. t This bid item is considered a Specialty Item per Section 2-3.2 of the Standard Specifications. ** Planting for these items shall be done by OCCC. For these quantities, only the unit price to furnish the materials for installation shall be included. ***Because some of the planting labor as indicate in the bid schedule shall be done by OCCC, the Landscaping System bid item shall be adjusted to remove the labor for the OCCC installation work for I and 5 gallon plants. TO BE INCLUDED IN BID PACKAGE BP 4 of 29 CITY OF SANTA ANA PROJECT 12-2620, RPSTPLE 5063 (143) —FLOWER STREET BIDE TRAIL GAP CLOSURE PROPOSAL & CONTRACT AGREEMENT BID PROPOSAL, continued PROJECT 12-2620, RPSTPLE 5063 (143) — FLOWER STREET BII{E TRAIL GAP CLOSURE BIDDER Finn Green Giant Landscape, Inc. (IL -11-A V AIxi 61. Address /'0' Hxlva CA go&3l Phone 5(&�L , &q0 --Uj0 q Fax 6&9- &470— 5 2,-! �f een�iGtn i�i rrc lJ c�l.co vra Email BIDD Signatur TO BE INCLUDED INN BID PACKAGE BP 5 of 29 CITY OF SANTA ANA PROJECT 12-2620, RPSTPLE 5063 (143) -FLOWER STREET BIKE TRAIL GAP CLOSURE 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; ''/z% of the bid or $10,000, whichever is greater - Buildings, parks, or other projects: %Y% of the bid BIDDER proposes to subcontract certain portions of the work to the firms listed below: NAME 1'Y 05tijn 614heen V) i 6 -kW OV°, NAME LOCATION723i &dd,%,-76ff 53i thlim.4 M LOCATION PHONE FJ23y40 PHONE TYPE OF WORK J&-� $ ' �O TYPE OF WORK $ NAME `N PeA 6(n fi Pyo NAME LOCATION84&::X WN USfn?' ,( LOCATION PHONE '1101-1l tf l-5-70-7 "Ia0 '6"PHONE TYPE OF WORK RPI U,. $ TYPE OF WORK $ NAME i)t LOCATION PHONE 11 TYPE OF W NAME LOCATION PHONE 130 TYPE OF WORK NAME _ LOCATION PHONE TYPE OF WORK $ reen Giant L andsca epee ne. am of f irm Sub i ting Bid '-- 'Rrature of BIMER NAME _ LOCATION - TYPE OF WORK $ _ NAME //Sid&LOCATION _ PHONE TYPE OF WORK NAME LOCATION PHONE TYPE OF WORK TO BE INCLUDED IN BID PACKAGE BP 6 of 29 CITY OF SANTA ANA PROJECT 12-2620, RPSTPLE 5063 (143) —FLOWER STREET BIKE TRAIL GAP CLOSURE 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 Cleric of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Public Works Agency Executive Director or 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 Green Giant Landscape, Inc. Signature of BIDDER Title Y/ es i (if an individual, so state) TO BE INCLUDED IN BID PACKAGE BP 7 of 29 CITY OF SANTA ANA PROJECT 12-2620, RPSTPLE 5063 (143) — FLOWER STREET BIKE TRAIL GAP CLOSURE 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.) Green Giant Landscape, Inc. Awarded t/r�moC1®ar�a� rr,, e on the basis of lowest responsible and responsive bidder in thteyamount of $ � ,Z ,T -OO ATTEST: sPJ/i .P14 A�sr✓+. 1 CLERK OF THE COLIWf APPROVED AS TO FORM: -,S CITY ATTORNEY T10N OF COUNCIL: Date 20 ACCEPTED FOR I Is I I�) EXECUTIVE DIR PUBLIC WORDS BP 8 of 29 OF SANTA ANA: TO BE INCLUDED IN BID PACKAGE CITY OF SANTA ANA PROJECT 12-2620, RPSTPLE 5063 (143) —FLOWER STREET BIKE TRAIL GAP CLOSURE (THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF TTIOSE CERTIFICATIONS WHICHARE A PART OF THIS PROPOSAL) EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION The BIDDER Green Giant Landscape, Inc. proposed subcactor Parc' Cisiba cy flP s�vl`i ltot)Q�1pV a� (yi(� , , hereby certifies ont 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 1N BID PACKAGE BP 9 of 29 CITY OF SANTA ANA PROJECT 12-2620, RPSTPLE 5063 (143) — FLOWER STREET BIKE TRAIL GAP CLOSURE (THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICHARE A PART OF THIS PROPOSAL) EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION The BIDDER Green Giant Landscape, Inc. proposed subcon actor �C'VI S 1�� 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 9 of 29 CITY OF SANTA ANA PROJECT 12-2620, RPSTPLE 5063 (143) —FLOWER STREET BIKE TRAIL GAP CLOSURE (THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SIIALL ALSO CONSTITUTE AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICHARE A PART OF THIS PROPOSAL) EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION The BIDDER Green Giant Landscape, Inc. proposed subcont actor i h e- rew,,s N �t Pkv hereby certifies that he has Y� , 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 fled 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 9 of 29 CITY OF SANTA ANA PROJECT 12-2620, RPSTPLE 5063 (143) —FLOWER STREET BIKE TRAIL GAP CLOSURE (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 Green Giant Landscape, Inc. proposed subcont actor 5kW 6t, 1 (t ( Y I Ci 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 9 of 29 CITY OF SANTA ANA PROJECT 12-2620, RPSTPLE 5063 (143) — FLOWER STREET BIKE TRAIL GAP CLOSURE 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. TO BE INCLUDED IN BID PACKAGE BP 10 of 29 CITY OF SANTA ANA PROJECT 12-2620, RPSTPLE 5063 (143) — FLOWER STREET BIKE TRAIL GAP CLOSURE 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, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of ersons, except as provi ed in Section 1420, and any contractor of public works violating thisectiion is bject to all the penal es imposed for a violation of the Chapter. Signed Title P re rJ (de a Firm Green Giant Landscape, Inc. Date � (A Y)& 2 ri, 2,() f 3 TO BE INCLUDED IN BID PACKAGE BP 11 of 29 CITY OF SANTA ANA PROJECT 12-2620, RPSTPLE 5063 (143) —FLOWER STREET BIKE TRAIL GAP CLOSURE 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 canc 1- r the c Ana.overage reduced except upon thirty (30) days prior written notice to the City of Santa n Signed Title? C :5 en t Firm Green Giant Landscape, Inc. DategJ G V1& 2-2, 10IZ TO BE INCLUDED IN BID PACKAGE BP 12 of 29 CITY OF SANTA ANA PROJECT 1.2-2620, RPSTPLE 5063 (143) —FLOWER STREET BIKE TRAIL GAP CLOSURE PROPOSAL AND CONTRACT AGREEMENT The following are the names, addresses, and telephone numbers for three public agencies for which BIDDER has perfonned similar work within the past two years. q00 1S.Pv-evKn_tAvu I. DSi��els t. o F �>R�a(i`v (n✓ks AiHaf� I d�� Name and Address of Owner. 2. 3. Name and Telephone Number of § Ll fi7 , q 171 Contract Amount co owner. 45q--2Ii Jerson familiar with dot X Date Completed Pvl q&C Ka !ii wei(eL q o b& o Joss c_'Oavvt� 5&,� 9U� - 91060 Name and Telephone Number of person familiar with project. dbII(PI gl1l25,i 1 i f10Yf,C�MG�5� alnrX���Jf c , i�� l� Contract Amount Type of Work Date Completed F JuS� (�Jct�ic� (Ng- goo® Name and Telephone Number of person familiar with project. Contract Amount Type of WorkC M( �b PJGn e4V,Vulg6C�o 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. _P'0' Pox (0In �l13 , f�r� I J a►� v� 5r . LAa LXfl6i TO BE INCLUDED IN BID PACKAGE BP 13 of 29 CITY OF SANTA ANA PROJECT 12-2620, RPSTPLE 5063 (143) — FLOWER STREET BIKE TRAIL GAP CLOSURE 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 thepthcri%nitractors, except contractors not signatory to the trust agreement shall pay a like amount to thelifornia Apprenticeship Council. Signed�\`%�J,C�,�s" Title We5l'd l Firm Green Giant Landscape, Inc. Date J i,t di & '2, J 1 2, 1 b TO BE INCLUDED IN BID PACKAGE BP 14 of 29 CITY OF SANTA ANA PROJECT 1.2-2620, RPSTPLE 5063 (143) — FLOWER STREET BIKE TRAIL GAP CLOSURE 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 3'lgo �ture portion thereof shill also constitute signature of this Non -collusion Affidavit. BIDDERS are caui oned that making a false certification may subject the certifier to criminal prosecution. State of California County of Otra YJ ( � Subscribed and sworn to (or affirmed) before me on this �� day of 3Mflb, 20(_� by 'K'/n(AX1 tJ&-sdY1 proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. ROSIE TOLEDO 401.� COMM. # 1913342 z NOTARY PUBLIC -CALIFORNIALOS ANGELES COUNTY My Comm. Expires Nov. 15, 2014 Notary Public Seal BP 15 of 29 TO BE INCLUDED IN BID PACKAGE CITY OF SANTA ANA PROJECT 12-2620, RPSTPLE 5063 (143) -FLOWER STREET BIKE TRAIL GAP CLOSURE PROPOSAL AND CONTRACT AGREEMENT BIDDER'S STATEMENT REGARDING "ANTI -KICKBACK" REOUIREMENTS The undersigned is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with the Copeland "Anti -Kickback" Act (18 USC 74) as supplemented in the Department of Labor regulations (29 CFR, Part 3). This act provides that each contractor or subcoqftuctot,5hall be prohibited from inducing, by any means, any person employed in the construction or repa of ub ' work, to give up any of the compensation to which he/she is otherwise entitled. Signed Title 'Py -es (,d Firm Green Giant Landscape, Inc. Date *J (.I Q, Z _7 TO BE INCLUDED IN BID PACKAGE BP 16 of 29 CITY OF SANTA ANA PROJECT 12-2620, RPSTPLE 5063 (143) — FLOWER STREET BIKE TRAIL GAP CLOSURE 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: Green Giant Landscape, Inc. Business Address: Telephone: 51,,E - State Contractor's License No. and ��„„ 7 �} n Class: (/ 0 qq D n I r TO BE INCLUDED IN BID PACKAGE BP 17 of 29 CITY OF SANTA ANA PROJECT 12-2620, RPSTPLE 5063 (143) —FLOWER STREET BIKE TRAIL GAP CLOSURE PROPOSAL AND CONTRACT AGREEMENT FEDERAL REQUIREMENTS FOR FEDERAL -AID CONSTRUCTION PROJECTS GENE, RAL—Thewolchereinpopo lwllbefnarealinwhole orinpattwitin Failed f dr andiberefoealloftheslande%nksand regula oaprorrlgakdby the Federal Govear art and applicable to work financed in whole or in pan with Federalfr dsw11applytosuchwokThe"Rep»redCo hactRwsarsFaleral- Aid Conslnetiar Colfiacts, "Fom EHWA 1273, are included in this Section 14. Waterer in said required contract ptnmo ns refaarces are made to "SBA Cnrradingofficer,,'"SHAresiclentagnea"o•"arproriredrelxes *k,,ecfihe SHA"suchrdmues4d[beco twdtornmu" ndrieae'asdefiredinSecdm 1-1.18 ofthe Standard specifications. PERFORMANCE OF PREVIOUS CONTRACT - In adlifim to the Provisions in Section fl, "Nosrdisc riminat m," and Section VIS "Subletting or A,—,jM the Co two' of the requited contact provisions, the Contractor shall complywiflndefo riwing: 'Bre BIDDER spall execrate the CERTIFICATION W TH REGARD TO TAE PERFORMANCE OF PREVIOUS CONTRACTS OR SUBCONTRACTS SUBJECF TO THE EQUAL OPPORTUNRY CLAUSE AND THE FILING OF REQUIRED REPORTS located in the proposal. No request for sublet iug or assigning arty potion ofthe oart act in e,mess of $10,000 wi8 be considered urx kr civ povkw of Sochm VII oftle required comm tct provisions unless such regret is accompanied try the CERTIFICATIONrektwdloabove,owAadbyIh Rq)csodabca*odor. NON -COLLUSION PROVISIONS - The pruvisnis in this section a e appkabletoallcontactsexceptoo rtraesforFederalAidSeoaxlarypajais Title 23, United States Cale, Section 112, Wies as a condition Precedent to appoval by the Federal Highway AdurinisUatar of tie aanhnd for this work that each BIDDER& asworn statement owiLd by, or onbehalfoC be person, Iran, association, or catroatiar to when such contract is to be awarded, cettilyng that such person, firm, association, or corporation has not; either d'nally or indirectly, entered into any ag eeme r5 participated in any collusion or otherwise taken any actiominttshuhoffieecary)WthebidcirginomiceiionNmhthesubtnilledbid. A En n to nrilce the narcollrsion affidavit slatanxant regiiied by Section 112 as a eatificafianwderpenaltyofpajwyragertharras aswoms1atanadasperntitiodby 28, USC,Sec.1746, is included in thepopoaal. PARTICIPATION BY DLSADVANF'AGED BUSINESS E, NTE' RPRISES INSUBCONTRACU NG-Part26, Title 49, CodeofFederal Regulations suWws to ft Federfil aid pojat Pertinent sections ofsaid Code are incorpo-atedinpattorinisennHywiQm cd erred ansof base special provisions. SdxdkB-InfmnalimkrD&m*ingJ irtVo mEGgibifiy. Athehmwt EkhihitA-FRI 8-07-97 ('Ibis form need not be filled in ifalljoint venture firms are minority owned) 1. Name ofjoint venture ` 2.A Lessofjoinventure \ 3.Phonenumberc jointvenlure \ 4. Identify the mswhtchcomprisethejointvenhve. (IheDBE partner must co Iplete Schedule A) a. Describe the role of DBE fimn in this jointventure. b. Describe very briefly the \ er ence and business qualifications of each non -MBE jointventure: 5. Nature ofthejointventure'sbusi s 6. Provide acopy ofthejointvenfore ent 7. What is the claimed percentage of DBE o ip? 8. Ownership ofjointvallure:(This need not befill ifdem9ribed in the jointventure agreement, provided by question a. Profit and loss sharing b. Capital contributions, including equipment e. Other applicable ownership interests TO BE INCLUDED IN BID PACKAGE BP 18 of 29 y r &wlJ LSXvrv.v". PROJECT 12-2620, RPSTPLE 5063 (143) — FLOWER STREET BIKE TRAIL GAP CLOSURE PROPOSAL AND CONTRACT AGREEMENT 9. Control of" Wtiapatoninthis contract. Ida* by name race, sex, and "find'tiose individuals (aid aremsiponsue fur day -today managenet and policy decision mlang including NameofFian NameofFimn batnot limitedto, thosewkh Orneresponsbility Ric a.Financialdecisions signahne Signature Name b. Management decisions, such as: 1.FsWnating Title I are Doe 2.Madcefingandsales 3.Hringandfiringofmanagened State of a 4.Pendiasingofm4cribomsorsuppfies On this _ day of 20� before me appeared (tensa) a Supervisionoffieldgxaatiaas Note If, aiterfilingthis ScledWeBand before the omVictionofUte jointvmbWs wodc onfhe contract cwveed by finis regulation, thea is any significant change in the infomaon submitted, thejointvantrue must inform the grantee, ediff directly or through the prime contraca ift rojoirt.vexnlumisa%bcallractor Afdavit "Ilia urdempod swear diet tre foregoing staxerocute are conectand ineJdeallmaterialu&mv mriecessazytoidentifyand explain the tmw and opeafion ofouu joutventure and the intended pa ficipatonby eachjointventurer intra undatkmg. Ftutber the hnhrlE gncd covenant azul agree to movide to grantee cxuren5 conplete and aceirate iufamation regarding acted joint verfu e wodcandthe paymentt =kw and any propnsedchangesinany of the joint venitue anaigeneits and to Minit the audit and euaaminatm oftne books, surds, and files ofthe joA veutrue, by allhmml rquessrllaflves of the grantee o the FedQral finding agency. Any malcrW mimpheseimfion will be gimils for tear mating any owaM which may be awed and fairritating acionundcrFeMulorStatelawsmrnceni ngUseslatanarls" Atadmieit to me pass natty known, whq being duly sworn, did execute the foregoing affidavit and did shale that he or she was Iaopaiy autnwized by (Name of funs) exeauletbeafTUmtanddidsoashisorherfieeactanddeed. Nota yPublic Chirmissionexpires [tel Sdteof County of_ On this _ day of 20_, before me appeatcd (Name) to me pasnhally lawwqh, who being swan, did execute tie foregoing alliidavit and did slate tl>at he or she was p qx ly arboriwd by (Name of firm) hiexettdetheatfidavitanddidso ashis orberfiee actanddeed. NoharyPublic Carnnvssionexpites [w] BP 19 of 29 TO BE INCLUDED IN BID PACKAGE CITY OF SANTA ANA PROPOSAL AND CONTRACT AGREEMENT PROJECT 12-2620, RPSTPLE 5063 (143) —FLOWER STREET BIKE TRAIL GAP CLOSURE 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. FED.8-22-88 een Giant �ndscape, Inc. Name of BID - Signature ofBID,,a Date J in ire, L 7, 20 t 3 TO BE INCLUDED IN BID PACKAGE BP 20 of 29 Exhibit 15-G2 Local Agency Bidder DBE Information (Construction Contracts) (Inclusive of all DBEs at bid proposal) NOTE: PLEASE REFER TO INSTRUCTIONS IN APPENDIX H AGENCY: City of Santa Ana LOCATION: FLOWER ST BETWEEN SUNFLOWER AV TO CARTH[R2 13LVD PROJECT DESCRIPTION: PROJECT N0. 12-2620 RPSTPLE 50630 (143) FLOWER STREET BIKE TRAIL GAP CLOSURE_ TOTAL FEDERAL CONTRACT AMOUNT:$ 500,0400 ID DATE: �Ll & L, / Z,V 03 BIDDER'S NAME: Green Giant Lan 3capeg inc. CONTRACT ITEM OF WORK AND DESCRIPTION Cert. No. of DBE NAME OF DBEs DOLLAR AMOUNT ITEM NO. OR SERVICES TO BE AND EXPIRATION (Must be certified on the date bids DBE SUBCONTRACTED OR MATERIALS DATE are opened - include DBE address TO BE PROVIDED and phone number) lEl For Local Agency to Complete: �, �� Total Claimed s_lCt.!_3')f�-1 Local Agency Contract Number: Participation L _I !_ Federal Aid Project Number: Federal Share: Contract Award Date: Local Agency certifies that all information is complete and accurate. S nature Bidder 01 Print Name Signature Date Local Agency Representative Area Code Telephone Number. Date WI p 11 (Area Code) Tel. No. For Caltrans Review: Print Name Signature Date Caltrans District Local Assistance Engineer Local Agency Bidder- DBE Information (Rev 3/09) Distribution: (1) Copy— Fax or scan scary to the Caltrans District Local Assistance Engineer (1)LAE) within 15 days of award. Failure to send a copy to the DLAE within 15 days of award may result in de -obligation of funds for this project. (2) Copy -- Include in award package to Caltrans District Local Assistance (3) Original—Local agency files TO BE INCLUDED IN BID PACKAGE BP 21 of 29 CITY OF SANTA ANA PROJECT 12-2620, RPSTPLE 5063 (143) —FLOWER STREET BIKE TRAIL GAP CLOSURE 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 language of this certification be included in all lower tier subcontracts, which ex d $100,000 and that all such sub -recipients shall certify and disclose accordingly. BIDDER's Sign ture Gran Giant Landscape, Inc. Firm 210 1'� Date • Standard Form LLL may be obtained from Caltrans and FnWA offices. TO BE INCLUDED IN BID PACKAGE BP 22 of 29 CITY OF SANTA ANA PROJECT 12-2620, RPSTPLE 5063 (143) — FLOWER STREET BIKE TRAIL GAP CLOSURE PROPOSAL AND CONTRACT AGREEMENT DISCLOSURE OF LOBBYING ACTIVITIES Complete this form to disclose lobbvine activities nnranant to 31 11. S.0 1252 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 re ort 4. Name and Address of Repo 'QEnl, 5. eporting Entity in No. 4 is Subawardee, EnterNameand ddress of Prime: F-1 Prime ❑ Subw Tier__,I,flm Congressional District, i known Congressional District, i known 6. Federal Departmerrt/Ageney: 7. cral Program Name/Description CFDA Number, If applicable 8. Federal Action Number, ifknawn fg. Aw dAmount, ifknown $ 10. a. Name and Address of Lobbying Ent b. Individual Performing Services (mrhk-&V cube fd rrtfrxnNa f�lwrcng fMIJ 10x1 attach Continuation Sheet(s ifneces 11. Amount of Payment (chec all that apply): 13. Type ofPayment (check all that apply) $ ❑ Actual ❑ Planned ❑ a. retainer ❑ b. one-time fee ❑ c. commission 12. Form of Payment (check all that apply): ❑ a. cash ❑ d. contingent fee ❑ b. in-kind; specify: nature ❑ e. deferred value El f. other, specify 14. Brief Description of Services Performed or to be performed and Date(s) of Service, including officer(s), employee(s), or members) contacted, for Payment indicated in item 11: (attach ConhnuationShee s i ne 15. Continuation Sh s attached: El Yes NNo, 16inferm ation requesledthough this form is audictizedby Tide31 USC Seem 1352 Tbisdisckw=ofloblryingadiviliesisarrtataialr4xw"moffactupmr whicbrelmwwasomdb3t tierabowwhaathetr&mWonwwniadeermkwd A Inc. Thisdisdosuteisfalie R=aiatto31USC1352 7hisinbanafienwillbe PritaName relxatedmiheCmsani�uuuallyandwillbeavai4ablefarpublicimpectiaa. �Yf�jl !,�-QU' AnypusmrwhofailstofiledlerequWddlg*aw llbeai*ctbadvilpenaltycf Title l G notlmtmu$10,000andnanm tn$100,000fcreadrsdlfaikm t, Tel hone No. q C1 0 50-0 I UDate FedealUseOnly: Artho sdfprLocalReproductim Standard Fonn—LLL TO BE INCLUDED IN BID PACKAGE BP 23 of 29 CITY OF SANTA ANA PROJECT 12-2620, RPSTPLE 5063 (143) - FLOWER STREET BIKE TRAIL GAP CLOSURE 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 do um �E,7-�a es to comply with the required Federal Contract Provision (Form FHWA-1273) as shown 'e appe ix of the special provis ons of this project. Signed_ Title i ✓�J��e�i �' Firm Green Giant Landscape, Inc. Date a [i Q, 'Z % TO ( 3 TO BE INCLUDED IN BID PACKAGE BP 24 of 29 CITY OF SANTA ANA PROJECT 12-2620, RPSTPLE 5063 (143) —FLOWER STREET BIKE TRAIL GAP CLOSURE 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 prospective participant also agrees by submitting his or her proposal that he or she shall require that -iapnuage of this certificatio be included in all lower tier subcontracts, which exceed $100,000 and that all h su recipients shall certify , A disclose accordingly. ER Signator Gran dant Landscape, Inc. Firm e W Ilfe "-z7,, ` o 9 3 Date TO BE 'INCLUDED IN BID PACKAGE BP 25 of 29 CITY OF SANTA ANA PROJECT 12-2620, RPSTPLE 5063 (143) — FLOWER STREET BIKE TRAIL GAP CLOSURE 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 docurnefff,'Ce4ify to comply with the " Buy America" requirements of Section 165 of the Surface Transpo ation As ,(stance Act of 1982 and)Vs shown in the special provisions of this project. Signed Title Wes j d e t, f - v Firm Green Giant Landscape, Inc. Date TO BE INCLUDED IN BID PACKAGE BP 26 of 29 CITY OF SANTA ANA PROJECT 12-2620, RPSTPLE 5063 (143) — FLOWER STREET BIKE TRAIL GAP CLOSURE 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 V 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 1.1.01, with any public entity, as defined in Public Contract Code Section I 100, 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 constite signature of this Statement. BIDDERS are cautioned that �—� a false certification may ubject the certifier to criminal prosecution. Title Firm Green Giant Landscape, Inc. Date "ne, '2 7. -M13 TO BE INCLUDED IN BID PACKAGE BP 27 of 29 CITY OF SANTA ANA PROJECT 12-2620, RPSTPLE 5063 (143) —FLOWER STREET BIKE TRAIL GAP CLOSURE PROPOSAL AND CONTRACT AGREEMENT PUBLIC CONTRACT CODE SECTION 10162 OUESTIONAIRE 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 28 of 29 CITY OF SANTA ANA PROJECT 12-2620, RPSTPLE 5063 (143) —FLOWER STREET BIKE TRAIL GAP CLOSURE PROPOSAL AND CONTRACT AGREEMENT PUBLIC CONTRACT CODE SECTION 1.0232 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. Title �0-iesfd (41;1— Firm CYreen Giant Landscape, Inc. Date TO BE INCLUDED IN BID PACKAGE BP 29 of 29 AIA DOCUMENT A3107a - 2010 BID BOND Any singular reference to Contractor, Surety, Owner or otherparty shalt be considered plural whore applicable, CONTRACTOR SURETY (Name, legal status and principal place ofhusiness): (Name, legal status and address): Philadelphia Indemnity Insurance Company Green Giant Landscape, Inc. 251 S. Lake Ave., Suite 360, Pasadena, CA 91101 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, location or address, and Project number, if any) Project 12-2620, HPSTPLIE 5063 (143) - Flower Street Bike Trail Gap Closure 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, successors 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. Printed in cooperation with the American Institute of Architects (AIA) The language in this document conforms to the language used in AIA Document A310 w. 2010. CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On JUN 2 G 2013 before me, _ Summer L. Reyes, Notary Public personally appeared Matthew J. Coats (insert name and title of the officer) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(v) is/m subscribed to the within instrument and acknowledged to me that ho4heA4rey executed the same in hispIlien'dieir authorized capacity0es), and that byhisrrtcn'rheir signaturef s) on the instrument the person(0, or the entity upon behalf of which the person jo 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. ire �.� a,� SUMMER�L �gEy g r Commission # 1966627 ze Notary Public - California z aOrange County SignatureJ.��. M Comm. Expires Jul 29, 2016 604 PHILADELPHIA INDEMNITY INSURANCE COMPANY 231 St. AsapHs 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 mrd existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute mrd appoint: �INDA D COATS AND MATTHEW J. COATS OF COATS SURETY INSURANCE SERVICES, INC. bts true mid lawful Attomey(s) in fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity mrd 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 mid 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 1"day of July, 2011. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) Appoint Atuarmy(s) in Fact and authorize the Att'omey(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 mrd 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 mid facsimile seal shall be valid mud 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 15TH DAY OF NOVEMBER 2012. On this 15°i day of November 2012, before me came the individual who executed the preceding instrument, to me personally known, mrd being by me duly swom said that he is the therein described mrd 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. lWAM0 "7 OPFIXIN9VLYAMA NOTgRIAC'8EA6' nu ni DANIELLE pDFATH, NotaryP0110 LowerMenonPC) MN Nl 'ceryry County Commissian ireaM�ch22, 20t® p/j,,[QQQfy/' Notary Public: '" "'^"`^^ (Notary Seal) residing at Bala Cynwyd. PA My commission expires: 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 are true and correct and are still in full force and effect. I do further certify that Sean S. Sweeney, 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 thie2�0'� 1 day of V VI M 120115 1 Craig P. Keller, Executive Vice President Chief Financial Officer & Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY 197 " hnvri r �O�? (Seal) President Sean S. Sweeney, President Philadelphia Indemnity Insurance Company On this 15°i day of November 2012, before me came the individual who executed the preceding instrument, to me personally known, mrd being by me duly swom said that he is the therein described mrd 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. lWAM0 "7 OPFIXIN9VLYAMA NOTgRIAC'8EA6' nu ni DANIELLE pDFATH, NotaryP0110 LowerMenonPC) MN Nl 'ceryry County Commissian ireaM�ch22, 20t® p/j,,[QQQfy/' Notary Public: '" "'^"`^^ (Notary Seal) residing at Bala Cynwyd. PA My commission expires: 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 are true and correct and are still in full force and effect. I do further certify that Sean S. Sweeney, 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 thie2�0'� 1 day of V VI M 120115 1 Craig P. Keller, Executive Vice President Chief Financial Officer & Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Loom (�✓ 7 On � a21,z,_ before me, _ personally appeared (H-br��r t e P��b��ro (Here insert name d fide of the officer) ender5 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/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(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. ROSIE TOLEDO WITNESS my hand of, 1 seal. COMM. # 1913342 z Z' me NO7Ak"PUBLIC -CALIFORNIA LOS ANGELES COUNTY S a of lic (Notary Seal) My Conn, r_xplre, Nov, 15, 2014 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages _ Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer Critic) ❑ Partner(s) ❑ Attorney -in -Fact .,. ❑ Trustee(s) ❑ Other 2008 Version CAPA vl2.10.07 800-873-9865 www.NotaryClasses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowiedgment form must be properly completed and attached to that document The only exception is f a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such o document so Jong as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefudyfor proper notarial wording and attach this form ifrequired • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization most be the date that the signer(s) personally appeared which most also be the same date the acknowledgment is completed. • The notary public must print his or her time as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. Wshe/dre),, is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document, + Indicate title or type of attached document, number of pages and datq. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (Le. CEO, CFO, Secretary). • Securely attach this document to the signed document Company Profile Company Profile Company Search Company Search Results Company Information Old Company Names Agent for Service Reference Information NAIC Group List Lines of Business Workers' Compensation Complaint and Request for Action/Appeals Contact Information Financial Statements PDF's Annual Statements Quarterly Statements Company Complaint Company Performance & Comparison Data Company Enforcement Action Composite Complaints Studies Additional Info Find A Company Representative In Your Area View Financial Disclaimer COMPANY PROFILE Company Information PHILADELPHIA INDEMNITY INSURANCE COMPANY ONE BALA PLAZA SUITE 100 BALA CYNWYD, PA 19004 800-564-7766 Old Company Names Effective Date Agent For Service NANCY FLORES C/O CT CORPORATION SYSTEM 818 WEST SEVENTH STREET LOS ANGELES CA 90017 Reference Information NAIC #: 18058 California Company ID #: 3576-6 Date Authorized in California 01/27/1993 License Status: UNLIMITED -NORMAL Company Type: Property & Casualty State of Domicile: PENNSYLVANIA back to top NAIC Group List NAIC Group #: 3098 Tokio Marine Holdings Inc GRP Lines Of Business The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AUTOMOBILE BOILER AND MACHINERY BURGLARY FIRE LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY back to top © 2008 California Department of Insurance Page 1 of 1 https:Hinteractive.web.insurance.ca. gov/coinpanyprofile/companyprofile?event=companyPr... 7/3/2013 MAYOR Miguel A. Pulido MAYOR PRO TEM Lisa Bist COUNCIL MEMBERS Claudia C. Alvarez Carlos Bustamante Alberta D. Christy Mike Garcia Jose Solodo 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 Patricia E. Healy NOTICE OF EXEMPTION From the Requirements of the California Environmental Quality Act (CEQA) TO: COUNTY CLERK/County of Orange FROM: City of Santa Ana P.O. Box 238 Planning & Building Agency Santa Ana, CA 92702 20 Civic Center Plaza Santa Ana, CA 92702 PROJECT TITLE: Flower Street Bike Trail Extension DATE OF DECISION: 12/04/06 PROJECT NUMBER(S): N/A ER NUMBER: ER 2006-197 PROJECT LOCATION: Flower Street, Alton and Sunflower CITY: Santa Ana County: Orange DESCRIPTION OF THE PROJECT: Projects involves extension of an existing AC bike trail. Currently, it runs north -south from Warner Avenue to Alton Ave. The extension would run south from Alton Avenue to Sunflower, the City limit. Details of the work include construction of a new asphalt path, landscape, irrigation, signage, and a fence along the OC flood channel. NAME & ADDRESS OF APPLICANT: 20 Civic Center Plaza, Santa Ana, CA 92701 NAME OF PUBLIC AGENCY APPROVING PROJECT: City of Santa Ana Parks, Recreation, & Community Services Agency NAME OF PERSON OR AGENCY CARRYING OUT PROJECT: City of Santa Ana City Council 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 ® Categorical Exemption: State class and section number:15304, Class 4 REASON(S) WHY PROJECT IS EXEMPT FROM CEQA: Project involves minor alteration of land to install asphalt concrete along existing Orange County Flood Control Channel and also to install landscape, irrigation, signage and a fence. CITY CONTACT - Pedro ill6n TELEPHONE NO: (714) 667-2729 SIGNATOR �.- DATE: ��" 1 ^"d _ TITLE: Associate Planner iu_Uffirl rITMIXT11wili To: From: David Cavazos City Manager William Galvez, Interim Executive Director Public Works Agency Date: March 24, 2014 Project 12-2620; Flower Street Bike Trail Gap Closure from MacArthur to Sunflower [RPSTPLE 5063(143)] Subject: Change Order No. 1 CONTRACTOR : Green Giant Landscape, Inc. 941-A Macy Street La Habra, CA 90631 PROJECT DESCRIPTION: Flower Street Bike Trail Gap Closure from MacArthui:*q Sunt.Qwer CHANGE ORDER NUMBER: 1 CHANGE ORDER AMOUNT: $ 20,925* ACCOUNTING UNIT -ACCOUNT -ACTIVITY NUMBER: 313132600-66220-12262002028 JUSTIFICATION EXTRA WORK AT AGREED PRICE Prior to commencing construction, the contractor was required to submit an Erosion Control Plan (ECP) adhering to the applicable guideline described in the California Storm Water Best Management Practices. After further review, it was determined that an ECP was not sufficient and needed to be increased to a Storm Water Pollution Prevention Plan (SWPPP) Risk Level 2. Therefore to prevent delays of the project, the contractor was directed to provide a SWPPP plan and new best management practices in order to be in compliance with the State's Construction General Permit (PCO #01). A prior approval was granted for this work on November 6, 2013. Agreed Cost = $10,817.00 Project 12-2620 Request for Approval of Change Order No. 1 March 25, 2014 Page 2 of 3 EXTRA WORK AT AGREED UNIT PRICES 2. In conjunction with the SWPPP, the contractor will submit weekly inspection reports, and rain event action plans on an as needed basis at the agreed unit prices that are in compliance with the State's Construction General Permit (PCO #01). A prior approval was granted for this work on November 6, 2013. Cost is subject to the final number of reports and rain events. Estimated Cost = $10,108* ACCOUNTING UNIT COST ANALYSIS CCO Item No Accounting Unit Accounting Unit Costs Est. City. Total Amount A shown below $1,320.00 1 $1,320.00 B shown below $9,497.00 1 $9,497.00 C shown below $358.00 25* $8,950.00 D shown below $193.00 6* $1,158.00 ESTIMATED TOTAL $20,925.00 313132600-66220- 12262002028 $20,925 $20,925 Total $ 0;T2-5*! CONTRACT COST SUMMARY Amount Total %of Amount Contract Original Contract Total Previous Change Orders $968,500 $ - Increase 0.00% Change Order #1 $20,925* Increase 2.16% Total Change Orders to Date $20,925* Increase 2.16% Adjusted Contract Total $989,425 *Final cost will be paid per inspections and rain events for duration of the project. SCHEDULE IMPACT Increase contract time by 38 working days. Project 12-2620 Request for Approval of Change Order No, 1 March 25, 2014 Page 3 of 3 oWilliam Galvez, Interim Msbutive Director Public Works Agency Le - Gerardo Mouet, ecutive Director Parks, Recreation, and Community 00 Services Agency APPROVED AS TO FUNDS AND ACCOUNTS: I:k Nt�k� v S1g j� � Francisco Gutierrez, Executive Director 16 Finance & Management Services Agency K:Construction/Projects/12-2620/8.Change Orders/B/CO #01/12-2620 MEM RFA CCO#01 CIT -'OF SANTA ANA PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number 12-2620: Flower Street Bike Trail Gap Closure from Change Order Number 1 MacArthur to Sunflower [RPSTPLE 5063 (143)] 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 slated, 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 Compensate the contractor to provide a Storm Water Pollution Prevention Plan for a Risk Level 2 , Best Management Practices (BMPs), weekly inspection reports and Rain Event Action Plan (REAP) as follows (PCO#01): A Cost for SWPPPE Risk Level 2 Plan Credit for Erosion Control Plan Difference Mark-up per section 1.23 B Cost for Adjusted BMPs Plus mark-up per section 1.23 EXTRA WORK AT AGREED UNIT PRICES $1,700.00 500.00 $1,200.00 $ 120.00 $8,806.00 $ 691.00 AGREED PRICE $10,817 Estimated Qty Unit Price Est. Total C Provide weekly inspections 25* $358.00 $8,950.00 per approved SWPPP Risk Level 2 plan, including mark-up per section 1.23 D Provide REAP reports per approved SWPPP Risk 6* $193.00 $1,158.00 Level 2 plan, including mark-up per section 1.23 Estimated Total $10,108.00 Note(*)= Final quantities will be paid per inspections and rain events for duration of the project. Page 1 of 2 ASE.. 1 i. C1 1_ �_ PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number 12-2620: Flower Street Bike Trail Gap Closure from Change Order Number MacArthur to Sunflower [RPSTPLE 5063 (143)] 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 UNTILAPPROVED 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 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 $ 20,925.00* By reason of this order the CONTRACT TIME completion will be adjusted as follows: 38 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. Date 3;1"3 -IL[ c co reen Giant La M by Approved by CITY DIRECTOR Page 2 of 2 Date / 20 Date 10101.Mu To: David Cavazos City Manager William Galvez, Interim Executive Director From: Public Works Agency Date: July 28, 2014 Project 12-2620; Flower Street Bike Trail Gap Closure from MacArthur to Sunflower [RPSTPLE 5063(143)] Subject: Change Order No. 2 CONTRACTOR : Green Giant Landscape, Inc. 941-A Macy Street La Habra, CA 90631 PROJECT DESCRIPTION: Flower Street Bike Trail Gap Closure from MacArthur to Sunflower CHANGE ORDER NUMBER: 2 ACCOUNTING UNIT -ACCOUNT -ACTIVITY NUMBER: JUSTIFICATION EXTRA WORK AT AGREED PRICE CHANGE ORDER AMOUNT: $ 28,876.98 313132609-66220-12262002028 Southern California Edison has several concrete encased high-voltage conduits above ground located on the west side of the Plaza at Flower and Sunflower. To open up the Plaza area we are removing the chain link fence at that corner, which exposes this encasement and consequently has the potential to be used by skateboarders; which is not the intended use of the Plaza. Therefore, the contractor was directed to install a concrete cap that deters this type of activity (PCO #05). A prior approval was granted for this work on March 21, 2014. Agreed Cost = $3,122.51 2. The contract documents require the contractor to reduce the water pressure to accommodate the new drip irrigation system. However, this regulator is connected to the irrigation system located directly north which requires a higher pressure to operate. Therefore, it is recommended to separate the systems and add a new pressure regulator for the new drip system. (PCO #6). A prior approval was granted for this work on May 2, 2014. Agreed Cost = $1,539.08 Project 12-2620 Request for Approval of Change Order No. 2 July 28, 2014 Page 2 of 3 3. The contract documents require the Contractor to furnish and install eleven palm trees to complement the landscaping along the bike trail. However, the palm tree planting and drainage detail was inadvertently omitted from this project. In order to procure proper installation and drainage at each tree, staff requested the Installation of perforated 4 -Inch diameter pipes with crush rock and filter fabric, additional irrigation laterals and two inspection tubes with filter fabric. Therefore, it is recommended to compensate the contractor for the extra work at each tree, (PCO #11), Agreed Cost = $2,474.75 4. As part of the contract documents, plans call for a new irrigation system including a calsense controller, The system is to be installed and connected directly onto an existing Irrigation system located just north which operates from its isolated water source and uses its own controller. In order for the system to function properly, the new system must isolate and contain its own master valve and flow sensor. Furthermore, the plans called for a local radio communication controller as part of the contract. However, the city of Santa Ana uses phone modem communication instead. To correct these problems, the controller was modified and a phone modem was added in order to make the system function properly. Therefore, it is recommended to compensate the contractor to separate the system by installing a new master valve and flow meter along with the coordination, removal, modification and re -installation of the controller. (PCO #9 & #10). Agreed Cost = $4,111,44 EXTRA WORK AT AGREED UNIT PRICES The contract documents require the contractor to furnish and install 686 5 -gallon Douglas Iris plants (Bid Item #40) and 68 24 -inch London Plane trees (Bid Item #43) as part of the landscaping. However city staff and the contractor determined the layout to accommodate only 440 plants and 32 trees. Therefore, the contractor requested an adjustment in unit bid price for since the quantity decreased more than 25 percent as stated in the Green book. The following contract items were added to compensate the contractor for the decrease in quantity as a result of site conditions. Item No Bid Item Unit Quantity Unit Price Amount 50 5 Gallon Iris Douglasiana; Dou las Iris EA 440 $14.03 $6,173.20 51 24" Platanus Acerifolia: London Planetrea EA 32 $358.00 $11,456.00 SUBTOTAL $17,629.00 Project 12-2620 Request for Approval of Change Order No, 2 Judy 28, 2014 Page 3 of 3 CONTRACT COST SUMMARY vngmai contract I otal Previous Change Orders Amount Total % of Amount Contract $968,500 $20,925- Increase 2.16% Change Order #2 $28 876 98 Increase 2 98 / _ Total Change Orders to Date $49,801.98 Increase 5.14% Adjusted Contract Total $1,018,301.98 SCHEDULEIMPACT Increase contract time by 29 working days for delays associated with this change order. William Galvez, Interim Executive Director Public Works Agency Gerardo Mouet, executive Director Parks, Recreation, and Community Services Agency APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez, Executive Director Finance & Management Services Agency 70-1 K:Construction/Projects/12-2620/8.Change Orders/D/CO #02/12-2620 MEM RFA CCO002 CITY OF SANTA ANA PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number 12-2620: Flower Street Bike Trail Gap Closure from Change Order Number 2 MacArthur to Sunflower RPSTPLE 5063 (143)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 EXTRA WORK AT AGREED PRICES Modify a concrete encasement with skateboard deterrent hardware at the west side of the plaza area per Prior Approval dated March 21, 2014 (PCO#05). AGREED PRICE $3,122.51 2. Add a new pressure regulator for the new drip system per Prior Approval dated May 2, 2014 (PCO#06). AGREED PRICE $1,539.08 3. Add two inspection tubes and perforated 4 -inch diameter pipes and additional irrigation laterals at each palm tree per PCO No. 11, AGREED PRICE $2,474.75 4. Modify irrigation controller with a telephone modem and add a master valve and a flow sensor to the new irrigation system per PCO No. 9 & 10, respectively. AGREED PRICE $4,111.44 EXTRA WORK AT AGREED UNIT PRICES 5. Revised bid item cost for the 5 gallon iris douglasiana plants and 24 -inch London plane trees per PCO No. 7 and 8, respectively. Item No Bid Item Unit Quantity Unit Price Amount 50 5 Gallon Iris Douglasiana: _Douglas Iris EA 440 $14.03 $6,173.20 51 24" Platanus Acerifolia: London Planetree EA 32 $358.00 $11,456.00 SUBTOTAL $17,629.00 Page 1 of 2 CITY OF SANTA ANA PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number 12.262.0: Flower Street Bike Trail Gap Closure from Change Order Number 2 MacArthur to Sunflower (RPSTPLE 5063 (143)) 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 $ 28,876M By reason of this order the CONTRACT TIME completion will be adjusted as follows: 29 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 pny<gent therefor the prices shown above, Date F (.yl Contractor Green Giant Landscape Inc. Approval recommended PUBLIC Approved by CITYMANAGER Page 2 of 2 Date Date Project No. 12-2620 Flower Street Bike Trail'Gap"CI®`sure fronn MacArthur to Sunflower Y r j i rt Contract Funding Authorization/Expenditures Summary Council Authorization Construction Contract $ 968,500.00 Construction Contingency $ 145,275.00 Total $ 1,113,775.00 Staff Authorized Expenditures Construction Contract $ 968,200.00 Adjusted Contract Quantities $ (29,232.00) Change order $ 20,925.00 Change Order 2 $ 28,876.98 Total $ 992,769,98 Autual Expenditures Progress Payment 1 Progress Payment 2 Progress Payment 3 Progress Payment 4 Progress Payment 5 Progress Payment 6 Estimated Progress Payment 7 Change Order Change Order $ 258,824.89 $ 207,808,79 $ 74,764.83 $ 104,686.77 $ 104,702.49 $ 85,774.36 $ 10,895.28 $ 20,925.00 $ 28,876.98 Total $ 897,259.39 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 21, 2014 TITLE: AGREEMENT AMENDMENT FOR SCULPTURE DESIGN AND INSTALLATION — FLOWER STREET BIKE TRAIL GAP CLOSURE PROJECT (NO. 122620) (STRATEGIC PLAN NO. 5, 5, C} CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED E -'As Recommended/ 93AA ❑ As Amended ❑ Ordinance on 1� Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Approve an addendum to the contract agreement with Green Giant Landscape, Inc., for the Flower Street Bike Trail Gap Closure Project, to subcontract for the design, fabrication, and installation of a sculpture for the bike trail Trailhead Plaza at an estimated cost of $87,153. DISCUSSION The Flower Street Bike Trail is part of the Golden Loop Recreational Trail, a 24 -mile regional trail that meanders through the City and provides facilities for biking, jogging, and walking, and is part of the Orange County Transportation Authority (OCTA) Commuter Bikeways Strategic Plan. It is also adjacent to local elementary, intermediate, and high schools; South Coast Metro Arts and Entertainment District; South Coast Plaza; and Metro Pointe Shopping Center (Exhibit 1). On August 5, 2013, the City Council awarded a $968,500 contract to the lowest responsible bidder, Green Giant Landscape, Inc., to construct the Flower Street Bike Trail Gap Closure. That action also approved a contingency of $145,275 to cover any unforeseen construction costs. At the time, neither the artist nor the sculpture had been selected. However, to avoid the loss of grant funds, staff recommended moving forward with the construction prior to completing the selection process. The approved contract included an allowance to pay for an unnamed artist to be contracted by the City, and for construction of the sculpture foundation structure. However, the contract also included a bid item to design, fabricate, and install the unknown art sculpture. Now that the sculpture and the artist have been determined, the contractor is able to hire the artist directly and has negotiated the actual cost of the work. Consequently, a separate agreement is required to handle this unique subcontracting arrangement. Agreement Amendment for Sculpture Design and Installation — Flower Street Bike Trail Gap Closure October 21, 2014 Page 2 Authorized vs. Actual Expenditures With the exception of the art sculpture work, this project is fully completed. The construction expenditures for the entire project to date, including contract work and executed change orders, are $911,574. Staff is recommending a construction contract change order with Green Giant Landscape, Inc., in the estimated amount of $87,153, to cover contractor and artist costs to design, fabricate, and install the sculpture (Exhibit 2). The change order cost, which includes the proposed artwork and all related expenditures, is completely within the framework of the existing contract and contingency. No additional expenditure authorizations are being sought and no additional funds are being requested. The project funding is summarized as follows: Artwork Selection and Concept The City received a grant to help build a half -mile of bike trail on the flood control channel property that runs along Flower Street from MacArthur to Sunflower. The grant includes $80,000 for the installation of a public art project on the northeast corner of Flower Street and Sunflower Avenue. Since the property in this area was once owned and farmed by a Japanese -American farmer who greatly contributed to the growth and prosperity of this region, the artwork will commemorate the important role of the Japanese -American immigrant agricultural community in Santa Ana. Last spring, the City partnered with Arts OC and issued a call for artist proposals for this public art project. Forty-six applications were received. A panel of three art experts working with Arts OC selected five finalists and asked them to submit renderings and proposals. The five artists presented their concepts and the committee judged the proposals based on experience, presentation, concept, and resistance to vandalism. After this process was completed, the selection committee recommended an untitled piece by artist Richard Turner. ACTUAL EXPENDITURES AUTHORIZED Recommended Construction Contract $ 968,500.00 Contingency $ 145,275.00 Contract $ 968,500.00 Cost Credits <$102,734.00> Cost Extras $ 45,807.98 SUBTOTAL $ 911,573.98 RECOMMENDED ADDENDUM Art Sculpture Change Order $ 87,153.00 TOTALS $1,113,775.00 $ 998,726.98 Artwork Selection and Concept The City received a grant to help build a half -mile of bike trail on the flood control channel property that runs along Flower Street from MacArthur to Sunflower. The grant includes $80,000 for the installation of a public art project on the northeast corner of Flower Street and Sunflower Avenue. Since the property in this area was once owned and farmed by a Japanese -American farmer who greatly contributed to the growth and prosperity of this region, the artwork will commemorate the important role of the Japanese -American immigrant agricultural community in Santa Ana. Last spring, the City partnered with Arts OC and issued a call for artist proposals for this public art project. Forty-six applications were received. A panel of three art experts working with Arts OC selected five finalists and asked them to submit renderings and proposals. The five artists presented their concepts and the committee judged the proposals based on experience, presentation, concept, and resistance to vandalism. After this process was completed, the selection committee recommended an untitled piece by artist Richard Turner. Agreement Amendment for Sculpture Design and Installation — Flower Street Bike Trail Gap Closure October 21, 2014 Page 3 The selection committee was comprised of Grace Kook -Anderson, Curator, Laguna Art Museum; Joseph S. Lewis III, Dean and Professor of Art, Claire Trevor School of the Arts, University of California, Irvine; and Mike McGee, Gallery Director of the Begovich Gallery, Director of the Exhibition Design/Museum Studies Program, Associate Professor of Art, California State University, Fullerton, and a new member of the City's Arts and Culture Commission. City Manager David Cavazos and Council Member Vince Sarmiento, who represents Ward 1 where the sculpture will be placed, have also reviewed the committee's recommendation. On August 21, 2014, the proposed sculpture was presented to the City's Arts and Culture Commission and they concurred with the selected public art project. The artist, Mr. Richard Turner, is very well-known and a highly -regarded veteran in the field of public art. The selection committee was extremely confident in the artist's ability to produce a quality monument that will stand the test of time. The design pays tribute to the contributions of the Japanese -American farmers while referencing their Japanese heritage. The work consists of a 7 -foot bronze sculpture of a bunch of celery, treated with a dark patina with green overtones, and an antique millstone atop a concrete plinth paved with handpicked stones. The idea of an oversize bunch of celery (one of the primary mainstays of the Orange County Japanese -American farmers) alludes to the exuberant American tradition of proclaiming our agricultural abundance. The paved stones evoke the paving of a pathway in a traditional Japanese garden, while recalling familiar southern California landscaping styles. The millstone, often used in Japanese gardens, represents the history of food production in both the East and the West. Together, the piece is minimal in style and straightforward in its symbolism. Exhibit 3 shows a picture of the small 3-D model created for the selection process. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #5. Community Health, Livability, Engagement & Sustainability, Objective #5, Promote a strong arts and culture infrastructure, Strategy C, Promote arts and culture by partnering with artist groups and merchants to hold events celebrating art in public plazas, parks and other City -controlled open space. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. Categorical Exemptions Environmental Review No. 2006-197 was filed for this project. In addition, a Certification of Categorical Exemption and a Statutory Worksheet have been prepared in accordance with the National Environmental Policy Act. Agreement Amendment for Sculpture Design and Installation — Flower Street Bike Trail Gap Closure October 21, 2014 Page 4 FISCAL IMPACT The estimated total amount needed to deliver the art sculpture is $87,153. Funding to cover all project costs was approved in the original contract awarded on August 5, 2013, and is available in the Parks Acquisition and Development Fund (Account No. 31313260-66220), Transportation Enhancement Fund (Account No. 05917660-66220), and the Recreational Trail Program Fund (Account No. 17213240-66220). h � v Fr d Mousavipour Executive Director Public Works Agency ". ULIV� Parks, Recreation, and Community Services Agency FM/E W G/TC Exhibits: 1. Project Location Map 2. Change Order 3. "Untitled" by Richard Turner APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency �Q-5 Description: Flower Street Bike Trail Gap Closure scope of work included the construction of a 10 -foot wide by one-half mile long asphalt bicycle trail, landscaping, irrigation, security lighting, wrought iron fencing and a trailhead plaza, with an art sculpture located at Flower Street and Sunflower Street. JC=J MACARTHUR SUNFLOWER F_ EXHIBIT 1 .aza ST SM7A ANI`A d llQl'illil':19 ■ CIN COUNCIL PROJECT RPSTPLE: 5063 (143) 12-2620 Fl AGENDA DATE FLOWER STREET BIKE TRAIL GAP CLOSURE L JUNE 3, 2013 SUNFLOWER TO MACARTHUR '"`"'°""`'"`"`" PAGE 1 OF 1 CONTRACT CHANGE ORDER Project Number 12.2620: Flower Street Bike Trail Gap Closure from Change Order Number 3 MacArthur to Sunflower[RPSTPLE 5063 (143)j 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 BYTHE CITY COUNCIL OR CITY MANAGER. Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time. Change requested by PUBLIC WORKS AGENCY EXTRA WORK AT AGREED AND UNIT PRICES 1. Design and construct the foundation for the art sculpture at the Flower Street Bike Trail Plaza, as directed per PCO No. 13. AGREE PRICE $22,325 * The actual costs are based on the actual quantities provided per PCO No. 13. AGREE UNIT PRICE $4,350 EXTRA WORK AT AGREED NOT TO EXCEED PRICES 5. Design and fabricate an art sculpture at the Flower Street Bike Trail Plaza, per the attached agreement. AGREED NOT TO EXCEED PRICE $60,478 Page 1 of 2 Description of Unit Price Total 2. Foundation Mock Up* 1 $ 550.00 _ $ 550.00 3. Color Option in Foundation * 30 $ 100.00 $ 3,000.00 4. Grout Bronze Art Sculpture * 8 $__.... 100.00 $ 800.00 * The actual costs are based on the actual quantities provided per PCO No. 13. AGREE UNIT PRICE $4,350 EXTRA WORK AT AGREED NOT TO EXCEED PRICES 5. Design and fabricate an art sculpture at the Flower Street Bike Trail Plaza, per the attached agreement. AGREED NOT TO EXCEED PRICE $60,478 Page 1 of 2 CITY OF a a ANA , : W . ►�I NX-3t[rl4►0Ir�►1 CONTRACT CHANGE ORDER Project Number 12-2620: Flower Street Bike Trail Gap Closure from Change Order Number 3 _MacArthur to Sunflower [RPSTPLE 5063 (143)] 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: $ - - - - _ ESTIMATED $ 87,153.00 DECREASE INCREASE By reason of this order the CONTRACT TIME completion will be adjusted as follows: 224 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. Accept By Approv, Approv Page 2 of 2 ADDENDUM TO AGREEMENT BETWEEN TI3E CITY OF SANTA ANA AND GREEN GIANT LANDSCAPE INC, THIS ADDENDUM TO AGREEMENT is entered into on October 21, 2014,.by and between Green Giant Landscaping, Inc. a California corporation ("Contractor") and, the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City") (collectively "Parties"). RECITALS: A. The Parties entered into that certain Agreement # 12-2620, dated August 5, 2013, (hereinafter "said Agreement") by which Contractor has constructed a portion of the Flower Street Bike Trail ("Trail") between Sunflower Avenue and MacArthur Boulevard. B. Section 2.19 of said Agreement provided the outline for the erection of a sculpture at the trailhcad plaza area of the Trail. Pursuant to that section the Contractor was to construct the base upon which the sculpture is to be set and to pick-up, deliver and install the sculpture. Further, the Contractor was to pay to the artist who constructs the sculpture a sum not to exceed $60,000.00 for the sculpture and associated works of improvement to the traillread plaza. C. In order to complete the requirements under the Agreement, certain specifications, time -lines and pay schedules need to be amended and added to the Agreement. The Parties hereto desire to enter into this Addendum to set forth the additional specifications and to provide Contractor with the means by which to fulfill its obligations under the Agreement. WHEREFORE, in consideration of the covenants contained in said Agreement, and. subject to all the terms and conditions of said Agreement, except those as set forth in this Addendum to Agreement, the Parties agree as follows: 1. Section 1.03 Time of Completion is amended as follows: The Contractor shall complete all work as amended by this agreement by June 30, 2015. 2. Section. 2.19 Trailbead Plaza is amended to add the following provisions: Contractor shall pay to the Artist (Richard Turner) the dollar amounts and at the times as set forth in the "ARTIST SCOPE OF WORK/FEE SCHEDULE" attached as Exhibit 1 hereto and incorporated herein. Contractor shall be responsible for obtaining from the Artist and any and all subcontractors and material suppliers all appropriate lien releases upon payment for said work/materials. City shall release to Contractor from the funds allowed in the Agreement the sum of $60,478.00 upon execution of this Addendum. Contractor agrees that said $60,478.00 is to be used by Contractor for the sole purpose of paying the Artist the amounts and upon the time lines as set forth in Exhibit 1 hereto. Concurrently therewith, City shall reduce the amoumt of the performance bond of Contractor on the project to the sum as established in Change Order No. 3. The $60,478.00 is a `Not to Exceed' and the Contractor shall provide invoices for all work provided by the Artist and all funds not used shall be returned to the City. The costs to remobilize, design, and construct the foundation support and install the art sculpture shall be amended as per Change Order No. 3. The bid items l l and 46 shall be voided and compensation shall be as outlined herein and in Change Order No. 3. Further, the City shall take beneficial occupancy all work completed as of August 6, 2014 and shall pay to Contractor all amounts owed as of August 6, 2014 and shall execute a retention release for all funds except for 5% of the remaining amounts owed as established in Change Order No. 3, 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Addendum to Agreement on the date and year first written above. ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR Davi Cavazos Clerk of the Council City Manager Green Giant Landscape, Inc. SONIA .R. CARVALO — -- City At ney By: o�z A, I e - 7 7h S alfa Donald L s Henderson sistant City Attorney President Green Giant Landscape, Inc. RECOMMENDED FOR APPROVAL WMousavipour w Executive Director Public Works Agency Project 12-2620 Flower Street Bike Trail Plaza Art Sculpture Artist Scope of Work/Fee Schedule Foam positive of celery sculpture Bill Daniels Engraving Finish on Foam (Estimate) $2,000.00 Due at completion Deposit to begin work $3,725.00 Due at start Completion of work $3,725.00 $9,450.00 Due at completion Bronze celery sculpture and two bronze plaques MC3inc Mounting Pipe and Fill Void (Estimate) $2,000.00 Due at completion Deposit to begin mold work $3,870.00 Due at start Begin casting $9,335.00 Due at casting Complete casting and patina $9,335.00 $24,540.00 Due at completion Anti -skateboard hardware Skatestoppers Begin design development $950.00 Due at start Begin fabrication $510.00 Due at fabrication Complete fabrication $510.00 $1,970.00 Due at completion Millstone Millstones.com Purchase including shipping $5,700.00 $5,700.00 Due at order Stone paving Thompson Building Supplies Purchase including delivery $1,200.00 Due at order Installation vendor TBD (Estimate) $3,000.00 $4,200.00 Due at completion Transportation Vendors TBD (Estimate) Deliver foam positive to foundry $500.00 Due at delivery Deliver bronze to site $500.00 Due at delivery Deliver stone to site $500.00 $1,500.00 Due at delivery Artist Oversight Design Development $3,000.00 Due at start Construction Oversight $3,500.00 Due at start Completion of Installation $3,500.00 $10,000.00 Due at completion Subtotal $57,360.00 General Contractor Markup $ 3,118.00 Total Not to Exceed $60,478.00 Notes on Scope of Work/Fee Schedule Foam positive of celery sculpture: Artist will contract to have the foam positive made for the celery sculpture. The type of finish depends on what the foundry needs and what kind of textural detail the Artist wants on the surface; estimate cost for foam positive finish is $2000.00. Bronze celery sculpture: Artist will contract with foundry to design and fabricate the celery sculpture. The details for the interior of the sculpture to accommodate the mounting pipe and the material to fill the interior void will be addressed during design; the estimated cost is $2,000.00. Artist will contract with foundry to design and fabricate two bronze plaques, one to recognize City Council and one for the description of the art piece. • Millstone: Artist will select and purchase the millstone; cost includes shipping. • Stone paving: Artist will select and purchase the paving stones; cost includes shipping to the Artist studio. Artist will contract to have the paving stones installed; estimated installation cost is $3,000.00. • Transportation: Artist will arrange for the delivery of the foam positive to the foundry, the bronze celery sculpture to the site, and the paving stones to the site; estimated delivery costs are $1,500.00. • Subcontract: Artist to subcontract with Contractor for work and payment identified herein. • Rendering of Art Sculpture MEMORANDUM David Cavazos To: City Manager Date: May 12, 2015 Fred Mousavipour, Executive Director From: Public Works Agency Project Nos. 12-2620; Flower Street Bike Trail Gap Closure from MacArthur to Sunflower; [RPSTPLE-5063(143)] Subject: Change Order No. 4 c: CONTRACTOR : Green Giant Landscape Inc. -{l,�a cry 941-A Macy Street ., La Habra, CA 90631-3400 PROJECT DESCRIPTION: Flower Street Bike Trail Gap Closure from MacArthur to Su`117pwe [RPSTPLE-5063(143)] CHANGE ORDER NUMBER: 4 CHANGE ORDER AMOUNT: $ 5,575.00 ACCOUNTING UNIT -ACCOUNT -ACTIVITY NUMBER(S): 31313260-66220-1 JUSTIFICATION EXTRA WORK AT AGREED PRICES The Flower Street Bike Trail is part of the Golden Loop Recreational Trail, a 24 -mile regional trail that meanders through the City, and is part of the OCTA Commuter Bikeways Strategic Plan; which provides facilities for biking, jogging, and walking. The Flower Street Bike trail is adjacent to local elementary, intermediate, and high schools, South Coast Metro Arts and Entertainment District, South Coast Plaza, and Metro Pointe shopping center. On August 5, 2013 City Council awarded a contract to the lowest responsible bidder, Green Giant Landscape, Inc. totaling $968,500 for the construction of Flower Street Bike Trail Gap Closure. The City received a grant to help build Yz mile of bike trail on the flood control channel property that runs along Flower Street from MacArthur to Sunflower. The grant includes $80,000 for the installation of a public art project on the northeast corner of Flower Street and Sunflower Avenue. Since the property in this area was once owned and farmed by a Japanese -American farmer who greatly contributed to the growth and prosperity of this region, the artwork shall commemorate the important role of the Japanese -American immigrant agricultural community in Santa Ana. Project 12-2620 Request for Approval of Change Order No. 4 May 12, 2015 Page 2 of 2 Recently, the new service pedestal was damaged by an unknown motorist and needs to be repaired and replaced. The contractor will remove damaged components and replace with original approved equipment. (PCO#14) CONTRACT COST SUMMARY Amount Authorized by City Council Construction Contract Previous Approved COs AGREED PRICE = $5,575.00 Amount Total Amount % of Contract $968,500.00 Adjusted Contract Quantities ($102,734.00) Decrease -10.61% Change Order#1 $20,925.00 Increase 2.16% Change Order#2 $28,876.98 Increase 2.98% Change Order#3 $87,153.00 Increase 9.00% Change Order#4 $5,575.00 Increase 0.58% Total Change Orders to Date $39,795.98 Increase 4.11% Adjusted Total $1,008,295.98 SCHEDULEIMPACT Increase contract time by 7 working days for delays associated with this change order. APPROVED AS TO FUNDS AND ACCOUNTS: �Vm d'L��- Fred M66savi our, Executive Director Francisco Gutierrez, Executive Director Public Woks Agency Finance & Management Services Agcy Gerardo Mouet, Ec6cutive Director Parks, Recreation and Community Services Agency K:Construction/Projects/12-2620/8.Change Orders/B/CO #04/12-2620 MEM RFA CCO#04 0 CONTRACT CHANGE ORDER Project Number 12-2620; Flower Street Bike Trail Gap Closure from MacArthur to Change Order Number 4 Sunflower [RPSTPLE-5063(143)] 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 Compensate the contractor to replaced damaged service pedestal at the corner of Sunflower Avenue and Flower Street. (PCO #14) AGREED PRICE = $5,575.00 CHANGE ORDER COST SUMMARY INCREASE 5 575 DECREASE NET INCREASE TO CONTRACT 5 575 MAY 1 2015 Page 1 of 2 U, ' OF SANTA ANA PUBLIC WORKS AGENCY " CONTRACT CHANGE ORDER „s. Project Number 12-2620; Flower Street Bike Trail Gap Closure from MacArthur to Change Order Number 4 Sunflower [ RPSTPLE-5063(143)] 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 $ 5,575.00 By reason of this order the CONTRACT TIME completion will be adjusted as follows: 7 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 �` P• 'f`j Contractor Green Giant Landscape, Inc. ✓t Title Approval recommended by d"' Date PUB IC OR SAGENCY EXEtCUTIVE DIRECTOR %v Approved b / � BN - f) L^ Data &'/ ( ° /Y r PP Y t°' " /,, Page 2 of 2