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HomeMy WebLinkAbout23A - PROJ - CIVIC CENTER ADAREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: NOVEMBER 20, 2018 TITLE: APPROVED AWARD CONTRACT TO GREEN GIANT ❑ As Recommended LANDSCAPE, INC., FOR CIVIC CENTER E]Amended E]OOrrdinance on 1s' Reading ADA ACCESS RENOVATION PROJECT ❑ Ordinance on 2nd Reading (PROJECT NO 16-2653) ❑ Implementing Resolution (STRATEGIC PLAN NOS. 6, 1 B 8r 1 G) ❑ Set Public Hearing For CONTINUED TO _�. FILE NUMBER CITY WNAGER RECOMMENDED ACTION Award a contract to Green Giant Landscape, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $377,200, for construction of the Civic Center ADA Access Renovation Project, for the term beginning upon execution of the contract and ending upon project completion, and authorize the City Manager and the Clerk of the Council to execute the contract subject to nonsubstantive changes approved by the City Manager and the City Attorney. 2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $471,500, which includes the contract bid amount, administration, inspection and testing, and an authorized contingency of $37,720. DISCUSSION Two walkway ramps located on the east and south sections of the Santa Ana Council Chambers at Santa Ana City Hall (Exhibit 1) have been identified for improvement as a result of a recent accessibility assessment. These ramps will be upgraded to be in compliance with the Americans with Disabilities Act (ADA) Title II regulations. The proposed improvements include conventional shallow pad foundation, retaining walls, landscaping, hand rails, lighting, colored textured concrete, and drainage. Once completed, these improvements will provide accessibility to individuals with disabilities and enhance the visual appearance of the surrounding Civic Center area. On May 31, 2018 the Civic Center Authority approved the Civic Center Parking, Maintenance and Special Project budget that includes the re -budgeting of funds for the ADA access ramp. A Notice Inviting Bids was advertised on August 10 and 15, 2018, and bids were opened on September 5, 2018. The following is a summary of the bid invitations made and the bids received: 23A-1 Award Contract to Green Giant Landscape, Inc., for Civic Center ADA Access Renovation Project November 20, 2018 Page 2 Contractor Participation Data Santa Ana contractors receiving notices 24 Contractors requesting bidding documents 15 Bids received 5 Bids received from Santa Ana contractors 0 Outreach To provide an opportunity for local vendors to submit bids, the City is now utilizing the PlanetBids web -based system. Through this system, 24 qualified local vendors were notified of the opportunity to bid on this project. Bid Results Summary RANK BIDDER'S NAME LOCATION BASE BID 1 Green Giant Landscape, Inc. La Habra $377,200 2 United GLI Carlsbad $398,397 3 Vido Samarzich, Inc. Rancho Cucamonga $417,850 4 Lucas Builders, Inc. La Habra $490,660 5 EBS General Engineering Inc. Corona $494,000 A total of five bids were received and all were deemed responsive. Green Giant Landscape, Inc., submitted the lowest responsive bid in the amount of $377,200 (Exhibit 2). Based on the bid analysis and a contractor's reference check, staff recommends awarding the construction contract to Green Giant Landscape, Inc., in the amount bid (Exhibit 3). STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 — Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy B (equitably maintain existing streets and associated assets in a state of good repair so they are clean, safe and aesthetically pleasing for all users) and Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment Plan [e.g., neighborhood streets, traffic improvements, etc.]). 23A-2 Award Contract to Green Giant Landscape, Inc., for Civic Center ADA Access Renovation Project November 20 2018 Page 3 ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER -2017-48 was filed for the project. FISCAL IMPACT As indicated in the Cost Analysis (Exhibit 4), the estimated total construction delivery cost of the project is $471,500, which includes the construction contract, administration, inspection, testing, surveying, and an authorized contingency of $37,720. Funding is available in the Civic Center Fund (Account No. 07413260-66220) for expenditure in Fiscal Year 2018-19. Fuad S. S Executive Public We PE, PLS Agency EWcutive Director Parks, Recreation, and Community Services FSS/EW G/TC/MO Exhibits: 1. Location Map 2. Bid 3. Construction Contract 4. Cost Analysis APPROVED AS TO FUNDS & ACCOUNTS: Kathryn Downs, CPAwztpi+� Executive Director Finance and Management Services Agency 23A-3 23A-4 ila, it ■Nil ■I�ir' L91■ f�19� ■ CMC CENTER ADA ACCESS EXHIBIT 1 - LOCATION MAP SANTA ANA PROJECT 16-2653 ■PWA �.� ■ CIVIC CENTER RENOVATE ADA ACCESS "� PAGE 1 OF 1 23A-5 23A-6 City of Santa Ane Page 1 Civic Center Renovate ADA Access (16.2653), bidding on September 5, 2018 2:00 PM (Pacific) Printed 09M0f2018 Bid Results Bidder Details File Name Vendor Name Green Giant Landscape Inc Address 941-A Macy St Lo Habra, CA, CA 90631 P-9 thru P-11; P-13 thru P17) United States Respondee Donald Henderson Reepomlee Tltie President Phone 562-6908208 E#. Email greengiantoffice@aol.com Vendor Type Bid Bond Santa Ana.pdf License 0 670478 CA DRi Public) - REQ Original Hard Bid Detail Bid Format Elecironle Submitted September 5, 2018 12:20:22 PM (Pacific) Delivery Method Bid Responsive Bid Status Submitted Confirmation# 153322 Ranking 0 Respondee Comment Buyer Comment Attachments File Title File Name File Type General Forms General forms for Santa Ana Bid.pdf General Forms (P-3 thru P-7; P-9 thru P-11; P-13 thru P17) Ownership Affidavit Santa Ana Ownership Affldavlt.pol Ownership Agid"t (Notary Public) - REQ Original Hard Copy Submittal In Addition Bid Bond Santa Ana Bid Bond Santa Ana.pdf Bid Bond Guaranty (Notary Public) - REQ Original Hard Copy Submittal In Addition Non Collusion Affidavit Non Collusion Affidavit Santa Ana Bid.pdf Non•Colluston Affidavit (Notary Public)- REQ Original Hard Copy Submittal In Addition Line Items Type Item Code UOM Qty Unit Price Line Total Comment Base Bid Proposal 1 Unclassified Excavation CY 292 $20.00 $5,840.00 2 Engineered FAI CY 100 3 Portland Cement Concrete (PCC) Structural Ramp (P02) with Reinforcing Steel SF 1260 Exhibit 2 Plapytj�dx_7 $30.00 $3,000,00 $30.00 $37,600.00 I li City of Santa Ana Page 2 Civic Center Renovate ADA Access (16-2653), bidding on September 5, 2018 2:00 PM (Pack) Printed 09/10/2018 I� Bid Results Type Item Code UOM pry Unit Price Line Total Comment 4 PCC Sidewalk per City of Santa Ana Standard Plan No. 1104 I SF 950 $15.00 $14,250.00 l� 5 II Cast -in -Place PCC Structural Walt with Fooling (CF -11 {i LF 34 $500.00 6 Cast -in -Place PCC Structural Wall with Footing [CF -2] —$17,000.00 LF 74 $600.00 $44,400.00 ' 7 4I Cast -in -Place PCC Structural Wall with Footing [CF -21 ii LF 10 $700.00 $7,000.00 a Cast -in -Place PCC Structural Wall excluding Footing (P03) {I LF 107 $750.00 $80,250.00 9 I Cast -in -Place PCC Structural Wall with Foating (P05) �i LF 29 $800.00 $23,200.00 �l 10 Structural Insulfoam Geofaam ESP19 ! SF 200 $30.00 $6,000.00 11 PCC Curb per Detail 2, Sheet 7 of 26 i LF 77 $100.00 $1,700.00 12 PCC Structural Met Foundation 18 -Inch SF 526 $25.00 $13,150.00 13 Wall Mounted Handrail per Detail C. Sheet 14 of 26 f LF 35 $200.00 $7,000.00 u 14 Handral per Detail B, Sheet 14 of 26 LF 463 $70.00 $32,410.00 15 Guard Rall per Detail A, Sheet 14 of 26 LF 109 $100.00 $10,900.00 16 Tree - Date Palm, 20' BTH, allowance FA 1 $10,000.00 $10,000.00 17 Shrubs, 15 Gallon EA 9 $300.00 $2,700.00 18 Shrubs, 1 Gallon EA 60 $30.00 $1,800.00 19 Landscaping and Irrigation SF 1660 $15.00 $24,900.00 PlanetBids Inc. 23d-8 City of Santa Ana Page 3 Civic Center Renovate ADA Access 06-2653), bidding on September 6, 2018 2:00PM(Pecific) Printed MaM18 Bid Results Typo Item Code UOM City Unit Price LinaTetal Comment 20 One (*year Maintenance Period LS 1 $1,000.00 $1.000.00 21 Structural Storm Water PVC ....... LF so ....... $30.00 $2,400.00 ... ......... . ... ......... ... 1----.- . ....... . ... 22 Atrium drain with grate EA 8 $100.00 ... .... . $800.00 23 Mactrical System . ........... ...... . ............ LS 1 $25,000.00 — .... ..... $25,000.00 24 Labor Agreement Oversight .... ......... LS 1 $5.000.00 ... . ........ $5,000.00 Subtotal $377,200.00 Total $377,200.00 P,a21x.:9 CITE' OF SANTA ANA PROPOSAL PROJECT NO.: 16-2653 CIVIC CENTER RENOVATE ADA ACCESS TOTAL BASE BID $ 3 / i")I goo �=. The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add -alternate bid items (if any). * 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. j This bid item is considered a Specialty Item per Section 2-3.2 of the Standard Specifications. TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within number (90) working days after the commencement date stated in the Notice to Proceed. The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $1,500 per calendar day. Name of Firm Signature of BIl Title F .Z'C c t1 sv r (If an individuAl, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) P-3 of P-17 23A-10 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-2653 CIVIC CENTER RENOVATE ADA ACCESS BIDDER'S STATEMENT BIDDER understands and agrees that this Bid Proposal, Contract Documents and subsequent Construction Contract Agreement shall constitute the entire agreement between BIDDER and the AGENCY only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Public Works Agency Executive Director or his/her duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to BIDDER or deposited with the United States Postal Service properly addressed to the BIDDER with the correct postage affixed thereto. BIDDER further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish AGENCY all required bonds and certificate of liability insurance within ten (10) business days or the funds, check, draft, or BIDDERS bond substituted in lieu thereof accompanying this proposal shall become the property of the AGENCY and shall be considered as payment of damages due to the delay and other causes suffered by AGENCY because of the failure to famish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered is difficult to ascertain; otherwise said funds, check, drafts, or BIDDER'S bond substituted in lieu thereof shall be returned to the undersigned. BIDDER understands that a bid is required for the entire work, the estimated quantities set forth in the bid schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. The BIDDER also certifies that the bid is a balanced bid. In accordance with Section 7028.15 of the California Business and Professions Code, the undersigned certifies under penalty of perjury that the foregoing is true and correct. Name of Firm Signature of BIDDER Title (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) P-4 of P-17 23A-11 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-2653 CIVIC CENTER RENOVATE ADA ACCESS CONTRACTOR'S LICENSING AND REGISTRATION STATEMENT The undersigned contractor, or corporate officer, declares under penalty of perjury that he/she and all his/her subcontractors are registered with the State of California Department of Industrial Relations (DIR), and that the following is true and correct. Contractor's Name: Business Address: I -"i LS r hn to," Business E -Mail Address: Telephone: �_" o Z- — to of 0 - 6 zc) State Contractor's License No. and Class: (6�7e>Ll -799 A - C-17 _ 6-%3 License Expiration Date: 7; 13 1/10 State Dept. of Industrial Relations (DIR) Registration No.: 1 ()00 L( a,5 5 State Dept. of Industrial Relations (DIR) i Regis h xpiration Date: (p � 3 L Title: no r_, X05 �T A P-5 of P-17 23A-12 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-2653 CIVIC CENTER RENOVATE ADA ACCESS PREVAILING WAGE COMPLIANCE AND MONITORING STATEMENT Contractor is aware of the requirements of California Labor Code Section 1720, et seq., as well as California Code of Regulations, Title 8, Section 16,000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The undersigned certifies that the foregoing is true and correct Name of Firm Signature of BI. Title naS (if an indivi�du 1, so`statc) P-6 of P-17 23A-13 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-2653 CIVIC CENTER RENOVATE ADA ACCESS OWNERSHIP AFFIDAVIT STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS: CITY /OF SANTA ANA •'7� ) V 01'1 (d A L • Ft'r Y(� e ✓r; Q ✓I , being duly swom, deposes and says: ❑ INDIVIDUAL That he/she is the parry making the foregoing proposal: ❑ PARTNERSHIP That he/she is a member of the co -partnership firm designated as: and who has been and is duly vested with the authority to make and execute instruments for the co -partnership by: who constitute the other members of the co -partnership. XCORPORATION That he is of: ?bPSiGCCtt{ 0�- G✓tzyl(.Cattlsc'ai7z/(Nc.- a corporation which is making the foregoing proposal: ❑ JOINT VENTURE That he is of: one of the parties making the foregoing proposal as a joint venture, and the he/she has been and is duly vested with the authority to execute instruments for an on behalf of the parties making said bid who are: that such a bid is genuine and not collusive or sham, and has not in any manner sought by co n to secure any advantage against the City of Santa Ana or any person interested in the opose ontract, for elf or any other person. Signature of Bi der Subscribed and swte s day of 20 4 Si a of icer n' g Oath (Notary Public) a " ° NOSIE TCLEOC•XENOERSON� Cotata, 8 2086732 r^ N $ i NOTARY PUNUO-CALIFORNIA VI Los ANGELES COUNTY r m.VC MY COM Err. Nov. fE,1018^' P-7 of P-17 23A-14 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-2653 CIVIC CENTER RENOVATE ADA ACCESS KNOW ALL PRESENT that, Green Giant Landscape, Inc. , as BIDDER, and Philadelphia Indemnity Insurance Company , as SURETY, are held and firmly bound unto the C�' OF SANTA ANA, as AGENCY, in the penal sum of hrY 5rvc,tflgk' a 4 Sw�m1t4 c4-x4144'"bollars1, which is ten percent (10%) of the total amount bid by BIDDER to AGENCY for the above -stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to AGENCY for the above -stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seal this 31st day of August , 2018 , - 251 S. Lake Avenue, Suite 360, Pasadena, CA 91101 - Matthew J. Coattogomey-in-Fact Subscribed and sworn to before me ,20L—. Signature: 20— Signature: Notary Public in and for the County of this day of State of Provide BIDDER/ SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. P-8 ofP-17 23A-15 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 f A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California County Orange ) OnWW A K r�01� before me, Summer L. Reyes, Notary Public II��JJNN Date Here Insert Name and Title of the Officer personally appeared Matthew J. Coats Name(s) of Signer(s) 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. SUMMER L. REYES Notary Public - California WITNESS my hand and official seal. Z, -cam .r Orange County D Commission Y 2168864/ fi n M Comm. Expires Jul 29, 2020+ Signature Signatu j of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(fes) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2014 National Notary Association - www.NationalNotary.org - 1 -800 -US NOTARY (1-800-876-6827) Item #5907 23A-16 5266 PHILADELPHIA INDEI%MM INSURANCE COMPANY One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEh1N1TY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint Linda D. Coats and Matthew J. Coats of Coats Surety Insurance Services, Inc., its true and lawful Attomey-in-fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $25.000.000.00. This Power of Attorney is granted and is signed and scaled by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 140 of November, 2016. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attomey(s) in Fact and authorize the Attomey(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attomey-in-Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with 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 27T" DAY OF OCTOBER, 2017. Robert D. O'Leary Jr., President & CEO Philadelphia Indemnity Insurance Company On this 27i° day of October, 2017, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. o �o ♦ avenv v NOfIrtNs4l Notary Public: residing at: (Notary Seal) My commission expires: e - 1 Bala Cvnwvd. PA September 25.2021 1, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do hereby certify that the foregoing resolution of the Board of Directors and the Power of Attorney issued pursuant thereto on the 271h day of October, 2017 are true and correct and are still in full force and effect. I do further certify that Robert D, O'Leary Jr., who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this day of -La U, 20. 1927 t ^ 2 Edward Sayago. Corporate Secretary' :`t',.> PHILADELPHIA INDEMNITY INSURANCE COMPANY :<< 23A-17 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California County of y-8 rI & } On cIJ before me, P-06iC T d0 H -e P1 clev6o/7 ereinsenname u a oo bar personally appeared MOY 4 (d L. !4fY?Cie4("5crn 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 capecity(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. •s"`"•,n 0.0SIE TOLE00•HENOEfl90H� 7:Z77 al.a'colmm.ft 2086732 Los � `. ..•` AV cora. EAP FNov�162015 `s Notal Sig (Notary Public Seal) OF THE ATTACHED DOCUMENT (ride ordescription of attached document) Document Date CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attomey-in-Fact ❑ Trustee(s) ❑ Other 2015 Version vnartNolaryCiasses.rom 600-873-9865 INSTRUCTIONS FOR COMPLETING THIS FORM 77,isfarm complies with current California statutes regarding notary wording and, ifneeded, should be completed and anached to the document Acknowledgments frvm other states may be completedfor documents being sent to thctstore so long as the wording does not require the California notary to violate California notary law. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for aelvowledgmrnt • Date of notarization most be the date that the signer(s) personally appeued which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears withm his or her commission followed by a comma and then your title(notaty public). • Print the marvels) of document signets) who personally appear at the time of notarization. • Indicate the coact singular or plural forms by crossing off incorrect forms (i.e, he/shc/dWr is/aro) orcircling the comeot foams. Failure to couec8y, indicate this information may lead to rejection of documrntternrdirvg. • The notary seal impassion mo be dear and photographically reproducible Impression must not cover text a lines. If seal impression smudges, reseal if a sufficient areapermits, otherwise complete a different acknowledgment form. • Signature of the notary public most match the signature on file with the office of the county clerk. Additional information is not required but could help to ensue this acknowledgment is not misused or attached to a different document. rr Indicate title or typo ofatmched docummi, number ofpaSm and date. S Indicate the capacity claimed by the signer If the claimed capacity is a corporate ofiitty indicate the tide (Le. CEO, CFO, Secretncy). • Securely attach this document to the signed document with a staple. SJ aL rel CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-2653 CIVIC CENTER RENOVATE ADA ACCESS LIST OF SUB -CONTRACTORS Section 4100 et. seq. of the Public Contract Code requires listing of all subcontractors with the bid for all subcontract work exceeding the following amount: o Streets, highways including bridge projects: '/2% of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: ''/2% of the bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIR). BIDDER proposes to subcontract certain portions of the work to the firms listed below: Name c) -p t License #Bxp. DIR Reg. #Bxp. Location Phone 01 Type Of Work Amount $ Name License #Bxp. DIR Reg. #Bxp. License # _ Location _ Phone Type Of Work Amount $ Name License #Bxp. DIR Reg. #/Exp. 5 .4f X3'060 0'O License # Location Phone Type Of Work Am t$ Signature of der IM License #Bxp. DIR Reg. #Bxp. Location Phone Type Of Work Amount $ Name License #Bxp. DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $ Name License #Bxp. DIR Reg. #Bxp. License # Location Phone Type Of Work Amount $ ZP39Hf Pi� CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-2653 CIVIC CENTER RENOVATE ADA ACCESS REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER has performed similar work within the past three years. of 3(/- 549—;P50 Name and Telephone Number of person familiar with project. ,,��// A uta "50`'i" �9 ";2Zaoar(h S2I6 Contract Amount Type of Work 2. h (/�1Q1l 42�'���Gt�i 3 ftjgV ,fiLe ame d Address of ovAr. (. kM 617,We L (t Salo- g0r0 �vame Ad Telephone Number of person familiar with project. Contraci Amount Type of Work i� )wg Date Completed J012 Date Completed Name and Telephone Number of person familiar with project. Contract Amount Type of Work d -of R 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. f5 & ve 625. do P.O. 13ax (ol 7i :2 51 '6 . Ga (e: 1-a,e, * 3&o A 4111,11/1i IJ; 41ua M 1� iii I)f qyl- X15?- M(go &,?&- 031-13'21 P-10 of P-17 23A-20 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-2653 CIVIC CENTER RENOVATE ADA ACCESS ADDITIONAL REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER or Subcontractor has performed similar work in the past five years. 1. 010 � sa)AA fh1Gi. F0-PxJKC6K5- 1m-"GxAlm,ON gq'70e- Name and Address of Owner. Name and Telephone Number of person �4-0familiar �with project. � I � ; oo U , 5evl��G t ,1 W6 V?ft.0 . D ((( Contract Amount Type of Work Date Completed 2. 0*Of Pf 6A a\MOL . (o(o( 5 Pa65015 b(OK P/ 60 QV&Ie�e+ r kilo Name d Address of owner. 'oSe `O&cL- '502- (K0( -1-4350 Name and Telephone Number of person familiar with project. t I I %t 5)bf .nagitae+0sal'ur�l5 X0((0 Contract Amount Type of Work Date Completed 3. 0,� Wyl 5 F5([Mll01M AIS. W4 60S 0 9Uq03 Nan�b and Address of owner. Tyelt&t VANi ((cL Name add Telephone Number of person familiar with project. ky(4 Km -- Ccvvi rS 0 Contract Amount Type of Work Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. ")wr6'ka Stvq)eas 1�Ni I�cfp l pl�ir� f )�s P.(). ?)Ox U(�`] 15f S. Ca(�e, �"n 3(�0 LA %, SILL!' r�lf �1at�o�-(or91 P�sacLt�� cx� gr(o1 0161� - x(5'7 -(U&v (o^l�— 1�i,pf 2-1 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-2653 CIVIC CENTER RENOVATE ADA ACCESS NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. BIDDERS are --cautioned that making a false certification may subject the certifier to criminal State of California County of OV Subscribed and sworn to (or affirmed) iN ogfd L Am dell -5 m , proved to person(s) who appeared before me 1 Notary Public Signa e before me on this Jc day of %2±_, 20($ by me on the basis of satisfactory evidence to be the :: = +x;.'�, ROSIE TOLEDO-HENOEREON • � Com!a.0 2086732 N V�� a fi01ARY FUEIS•CAl1F0ftNU N SOS AN:ECEi Ce10Y11 Notary Public Seal P-12 of P-17 23A-22 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-2653 CIVIC CENTER RENOVATE ADA ACCESS NON-DISCRIMINATION CERTIFICATE The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Goverment contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. P-13 of P-17 23A-23 CITE' OF SANTA ANA PROPOSAL PROJECT NO.: 16-2653 CIVIC CENTER RENOVATE ADA ACCESS The Contractor shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any contractor ]ic works violating,this Section is subject to all the penalties imposed for a Title: IPre:54t 1 f L Firm: %r eG1 (i 'c I Lc/4C 71i vii, ( Date: 5? . 5 , <� o � l P-14 of P- 7 23A- 4 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-2653 CIVIC CENTER RENOVATE ADA ACCESS STATEMENT REGARDING APPRENTICESHIP REQUIREMENTS The undersigned BIDDER is familiar with the requirements of Section 1777.5 of the State Labor Code regarding employment of apprentices, and understands that contractors on contracts exceeding $30,000 or 20 working days shall: 1. Apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. 2. Employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards. 3. Contribute to the fund or funds in each craft or trade in which he/she employs journeymen or apprentices on the public work, in the same amount or upon the same basis and in the same manner as the other contractors, except contractors not signatory to the trust agreement shall 4fa-y—a-1—ik-e—am-­obA,to the CaliforniA Apprenticeship Council. Title: iTre51 den Finn: �Ci�t�f in/ i7/�-}t f LGi ^�d SCaP�i' . (I7�/ Date:. HVA CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-2653 CIVIC CENTER RENOVATE ADA ACCESS STATEMENT REGARDING "ANTI -KICKBACK" REQUIREMENTS The undersigned is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with the Copeland "Anti -Kickback" Act (18 USC 74) as supplemented in the Department of Labor regulations (29 CFR, Part 3). This act provides that each contractor or subcontractor shall be prohibited from inducing, by any means, any person employ nstgction or repair ofpublic work, to give up any part of the compensation to - Title: piesdal �- L Firm: 'r}�1�7�C��P Date: Cj( �� T �j , -x i 15 P-16 fl? 17 OA -26 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16-2653 CIVIC CENTER RENOVATE ADA ACCESS PUBLIC CONTRACT CODE SECTION 10162 OUESTIONNAIRE In conformance with Public Contract Code Section 10162, the BIDDER shall complete, under penalty of perjury, the following questionnaire: Has the BIDDER, any officer of the BIDDER, or any employee of the BIDDER who has a proprietary interest in the BIDDER, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state,. or local government project because of a violation of law or a safety regulation? Yes No If the answer is yes, explain the circumstances in the following space. A 27 23A-28 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT NO. 16-2653 CIVIC CENTER RENOVATE ADA ACCESS PROJECT This CONSTRUCTION CONTRACT is made and entered into this 20th day of November, 2018 by and between the City of Santa Ana, California, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "CITY"), and Green Giant Landscape, hie. (hereinafter "CONTRACTOR"). WITNESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the Civic Center Renovate ADA Access Project (hereinafter referred to as the "WORK OF IMPROVEMENT") identified in and in accordance with the Contract Documents prepared by the City's Public Works Agency and approved by the City Council. 2. The complete Construction Contract consists of the "Contract Documents" as defined by the Standard Specifications for Public Works Construction and which include the following: • Notice Inviting Bids • Information to Bidders • Bid Proposal • Bid Bond • Contract Form • Contract Bonds • General Provisions • Special Provisions • Technical Provisions and Project Plans • Community Workforce Agreement • Appendices In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Construction. 3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the WORK OF IMPROVEMENT the sum total amount not to exceed Three Hundred Seventy -Seven Thousand Two Hundred Dollars ($377,200.00), as forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A." The BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable. Exhibit 3 rev. 09/01/2017 23A-29 Page 1 of 3 4. CONTRACTOR agrees to complete the WORK OF IMPROVEMENT within the time specified in the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit "A") including commencing construction within the timeframe therein specified after issuance of a Notice to Proceed. 5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the WORK OF IMPROVEMENT a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law. 6. If applicable, the CONTRACTOR shall adhere to the CITY'S Community Workforce Agreement (CWA), a pre -hire collective bargaining agreement, which establishes the labor relations policies and procedures for CONTRACTOR to follow in the crafts persons employed to complete the WORK OF IMPROVEMENT as more fully described in the CWA. The CWA may be found on the City's website at: httv://www.santa-ana.ory/i3wa/documents/CWA.pd CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY, one in the amount of One Hundred Percent (100%) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100%) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY. 8. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond shall also be required as a condition of project acceptance. For projects up to Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of Ten Thousand Dollars ($10,000) or Twenty Percent (20%) of the final contract price. For projects above Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of One Hundred Thousand Dollars ($100,000) or Ten Percent (10%) of the final contract price. 9. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY. 23A-30 Page 2 of 3 IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney -r— By: JOAN FUNK Assistant City Attorney RECOMMENDED FOR APPROVAL: Fuad S. Sweiss, PE, PLS Executive Director Public Works Agency CITY OF SANTA ANA RAUL GODINEZ II City -Manager CONTRACTOR: Green Giant Landscape, Inc. DONALD L. HENDERSON President 23A-31 Page 3 of 3 23A-32 COST ANALYSIS CONSTRUCTION OF THE PROJECT NO. 16-2653: CIVIC CENTER RENOVATE ADA ACCESS Construction Contract $ 377,200.00 Contract Administration $ 20,330.00 Inspection and Testing $ 36,250.00 Contingencies $ 37,720.00 TOTAL ESTIMATED CONSTRUCTION COSTS $ 471,500.00 EXHIBIT 4 23A-33 23A-34