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Home My WebLink About20A - AA PARK LIGHTINGREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 2, 2019 TITLE: APPROVE AN APPROPRIATION ADJUSTMENT AND AWARD A CONSTRUCTION CONTRACT TO FODDRILL CONSTRUCTION CORPORATION FOR NEW LIGHTING AT SIX PARKS ESTIMATED DELIVERY COST: $724,000 (PROJECT NOS. 18-2683, 18-2684, 18-2685, 18-2686, 18-2687, 18-2689) (STRATEGIC PLAN NO. 6, 1131; 1G) ��%fiM; AFA r,or CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1B1 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Approve an appropriation adjustment recognizing $195,476 from Residential Development District 1 prior year fund balance and appropriating the same amount into the Residential Development District 1 Acquisition & Development expenditure account. These funds will be added to the existing budget for this project. 2. Approve an appropriation adjustment recognizing $171,604 from Residential Development District 2 prior year fund balance and appropriating $90,604 into the Residential Development District 2 Acquisition & Development expenditure account and $81,000 into the Residential Development District 2 In -Lieu expenditure account. These funds will be added to the existing budget for this project. 3. Award a contract to Foddrill Construction Corporation, the lowest responsible bidder, in accordance with the base bid in the amount of $579,378, for the term beginning upon execution of the contract and ending upon project completion, for construction of the New Lighting at Six Parks Project, and authorize the City Manager and the Clerk of the Council to execute the contract, subject to non - substantive changes approved by the City Manager and the City Attorney. 4. Approve the Project Cost Analysis for a total estimated construction delivery cost of $724,000, which includes $579,378 for the construction contract, $86,906 for contract administration, inspection and testing, and a $57,716 project contingency, to be funded with District 1 and District 2 Acquisition & Development funding and District 2 in -lieu funds. The New Lighting at Six Parks Project will enhance lighting at the following park locations: Angels Park, Cabrillo Park, Cesar Chavez Park, Portola Park, Riverview Park, and Rosita Park (Exhibit 1). The existing 20A-1 Award a Construction Contract to Foddrill Construction Corporation New Lighting at Six Parks July 2, 2019 Page 2 wooden lighting poles at these parks have deteriorated with age. Replacement is required for safety, modernization, and to update existing lighting to adequate levels at these parks. The Scope of Work includes new light pole assemblies, foundations, electrical conduit, wiring, removal of deteriorated wooden light poles, and replacement with new concrete poles with energy efficient LED fixtures. Once completed, these improvements will enhance lighting levels and safety for these parks. Public Outreach and Contractor Participation To provide an opportunity for local vendors to submit bids, a Notice Inviting Bids was advertised in the Orange County Register newspaper on April 27 and May 4, 2019, and bids were received electronically via the City's web -based electronic bidding system, PlanetBids, on May 22, 2019. Through the PlanetBids online portal, vendors may register to receive notifications on all current and future City projects, as well as download contract documents, receive project updates, and submit bids electronically. A total of 577 vendors, including 31 located in the City of Santa Ana, were notified of the project via PlanetBids. 56 vendors requested bidding documents and 6 bids were received; none from Santa Ana contractors. Bid Results Summary RANK BIDDER'S NAME LOCATION BASE BID 1 Foddrill Construction Corporation Chino $579,378 2 California Professional Engineering, Inc. La Puente $670,265 3 VT Electric Inc. Ontario $757,907 4 International Line Builders, Inc. Riverside $764,840 5 M. Brey Electric, Inc. Beaumont $834,957 6 YAKAR Covina $875,750 All 6 bids received were deemed responsive. Foddrill Construction Corporation submitted the lowest responsive bid in the amount of $579,378 (Exhibit 2). Based on the bid analysis and a contractor's reference check, staff recommends awarding the construction contract to Foddrill Construction Corporation in the amount of $579,378 (Exhibit 3). 20A-2 Award a Construction Contract to Foddrill Construction Corporation New Lighting at Six Parks July 2, 2019 Page 3 Proiect Delivery To deliver a complete project, in addition to the construction contract awarded to the lowest responsible bidder, the estimated total construction delivery cost of the project includes construction administration, inspection and testing, along with an allowance for contingencies to account for unexpected or unforeseen conditions. Construction administration and inspection includes construction management; implementation of the City's Community Workforce Agreement requirements; inspection of the Contractor's work to ensure contract compliance, workmanship, and quality; and material testing. As summarized in the table below, the estimated total construction delivery cost of the project is $724,000. Construction Contract $579,378 Construction Administration, Inspection and Testing $86,906 Contingencies $57,716 ESTIMATED CONSTRUCTION DELIVERY COST $724.000 Project funds will cover all staffing costs for delivery of this capital project. No additional or separate funding will be used. 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 C (invest resources and technology to extend the service life of existing infrastructure to protect the City's investment and support a high quality of life standard) 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.) ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER-2019-43 was filed for the project. FISCAL IMPACT Approval of the requested appropriation adjustment will increase the expenditure budget in the following funds for a total of $367,080: • Residential Development District 1 fund $195,476 (account no. 31113260-66220); and • Residential Development District 2 fund $171,604 ($90,604 in account no. 31213260-66220 and $81,000 in account no. 31213261-66220). As indicated in the Cost Analysis (Exhibit 4), the estimated total construction delivery cost of the project is $724,000, which includes the construction contract, contract administration, inspection, testing, and project contingency. The following table summarizes the expenditure budget by account number and project number to deliver construction of this project: 20A-3 Award,a Construction Contract to Foddrill Construction Corporation New Lighting at Six Parks July 2, 2019 Page 4 Accounting Unit— Accounting Unit, Account No. Fiscal Year Account No. Fund Description Description Amount Project No. FY 2019-20 31113260-66220 Acquisition & A&D District 1, Improvements $140,934 July -June 18-2683 Development Fund Other Than Building FY 2019-20 31113260-66220 Acquisition & A&D District 1, Improvements $149,199 July -June 18-2684 Development Fund Other Than Building FY 2019-20 31113260-66220 Acquisition & A&D District 1, Improvements $101,773 July -June 18-2685 Development Fund Other Than Building FY 2019-20 31213260-66220 Acquisition & A&D District 2, Improvements $56,051 July -June 18-2686 Development Fund Other Than Building FY 2019-20 31213260-66220 Acquisition & A&D District 2, Improvements $98 421 Jul -June 18-2687 Develo ment Fund Other Than Building FY 2019-20 31213260-66220 Acquisition & A&D District 2, Improvements $96,622 July -June 18-2689 Development Fund . Other Than Building FY 2019-20 31213261-66220 District 2 in Lieu A&D District 2, Improvements $81,000 July -June 18-2689 Other Than Building Total 1 $724,000 All Funds are scheduled for expenditure in Fiscal Year 2019-20. 12 Fuad Sweiss, PE, PLS ExecutiAt Director Public Mrks Agency Parks, Recreation, and Community Services FSS/EWG/TC/MO Exhibits: 1. Location Map 2. Bid proposal 3. Construction Contract 4. Cost Analysis APPROVED AS TO FUNDS AND ACCOUNTS: Kathryn Downs, CPA Executive Director Finance & Management Services Agency 20A-4 JECT LOCATION ROSITA PARK PROJECT LOCATION CHAVEZ PARK PROJECT LOCATION 1 CABRLLO PARK SANTA ANAANA p■ W A ■ PROJECT TING 3 T SIX PARKS NEW LIGHTING AT SIX PARKS n.. c ic. PROJECT LOCATION RIVERVEW PARK PROJECT LOCATM PORTOLA PARK (SCALE . NTS) PAGE 1 OF 1 2OA-5 20A-6 City of Santa Ana Page t New Lighting at 6 Parks (1 B-2683 thru 18-2689), bidding on May 22, 2019 2:00 PM (Pacific) Printed t1W=019 Bid Results EXHIBIT 2 Bidder Details Vendor Name Foddrill Construction Corporation Address P.O. Box 826 Chino, CA 91708.0826 United States Respondee Oscar Sevilla Respondee Title Estimator/Project Manager Phone 909591-4095 Ext Email csevllla@foddrllfbonsbuctlon.com Vendor Type License 9 CA DIR Bid Detail Bid Format Electronic Submitted May 22, 2019 1:40:34 PM (Pacific) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 179030 Ranking 0 Respondee Comment Buyer Comment Attachments File Title File Name File Type Fodddll General Forms Foddrlll_General Forms_Slgned.pdf General Forms Fodddll Ownership Affidavit Fcdddll_Ownershlp Affidavit.pdf Ownership Affidavit (Notary Public) - REQ Original Hard Copy Submittal In Addition Fodddll Bid Bond Fadddll_Bid Bcnd.pdf Bid Bond Guaranty (Notary Public) - REQ Original Hard Copy Submittal in Addition Foddrill Non Collusion Affidavit Foddrill_Non-Colluslon Affidavlt.pdf Non -Collusion Affidavit (Notary Public) - REO Original Hard Copy Submittal in Addition Line Items Type Item Code UCM City Unit Price Line Total Comment Base Bid Items 1 NEW LIGHTING AT ANGELS PARK LS 1 $38,368.37 $36,368.37 2 NEW LIGHTING AT CABRILLO PARK LS 1 $70,263.84 $70.263.64 PlanstBids, Inc. 20A-7 City of Santa Ana Page 2 New Lighting at 8 Parks (18-2683 thru 18-2689), bidding on May 22, 2019 2:00 PM (Paciflc) Printed 05/22/2019 Bid Results Type Item Code UCM aty Unit Price Line Total Comment 3 NEW LIGHTING AT CHAVEZ PARK LS 1 $72,945.62 $72.945.62 4 NEW LIGHTING AT PORTOLA PARK LS 1 $133,803.92 $133,803.92 5 NEW LIGHTING AT RIVERVIEW PARK LS 1 $110,886.75 $110,886.75 6 NEW LIGHTING AT ROSITA PARK LS 1 $104,274.27 $104,274.27 7 ADDITIONAL LIGHT POLE" FA 5 $3.316.02 $18,660.10 8 ADDITIONAL LIGHT POLE ASSEMBLY' EA 5 $2,222.58 $11,112.80 9 ADDITIONAL WIRING* LF 300 $16.10 $4,830.00 10 ADDITIONAL CONDUIT* LF 300 $15.75 $4,725.00 11 AS -BUILT DRAWINGS LS 1 $3,687.50 $3,587.50 12 LABOR AGREEMENT OVERSIGHT Ls 1 $10.000.00 $10,666.00 Subtotal $579,378.17 Asterisk Notes (Per Section 3.2 of Standard Specifications) -NOT part of Total Bid Calculation 13 ' = The quantity for this bid Item Is shown forbid 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 quantitiy used, and the Agency reserves the right to Increase or decrease the quanflty of this Item accordingly. EA 0 $16.10 0 14 t = This bid Rem is considered a Specialty Item per Section 2-3.2 of the Standard Specifications. EA 0 $15.75 0 Subtotal 0 Total $579,378.17 PlanotBids, Inc. 20A-8 CITY OF SANTA ANA PROPOSAL PROJECT NO.:18-2683 THRU 18-2689 NEW LIGHTING AT 6 PARKS BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: Foddrill Construction Corporation REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the following schedule: Item Description Qty Unit Unit Price Amount 1 NEW LIGHTING AT 1 LS $ $ ANGELS PARK 36,368.37 36,368.37 2 NEW LIGHTING AT 1 LS $ $ CABRILLO PARK 70,263.84 70,263.84 3 NEW LIGHTING AT 1 LS $ $ CHAVEZ PARK 72,945.62 72,945.62 4 NEW LIGHTING AT 1 LS $ $ PORTOLA PARK 133,803.92 1 133,803.92 5 NEW LIGHTING AT 1 LS $ $ RIVERVIEW PARK 110,886.75 110,886.75 6 NEW LIGHTING AT 1 LS $ $ ROSITA PARK 104,274.27 104,274.27 7 ADDITIONAL LIGHT POLE* 5* EA $ 3,316.02 $ 16,580.02 8 ADDITIONAL LIGHT POLE 5* EA $ $ 11,112.80 ASSEMBLY* 2,222.56 9 ADDITIONAL WIRING* 300* LF $ $ 16.10 4,880.00 10 ADDITIONAL CONDUIT* 300* LF $ $ 15.75 4,725.00 11 AS -BUILT DRAWINGS 1 LS $ $ 3587.50 3587.50 12 1 LABOR AGREEMENT OVERSIGHT 1 LS $10,000 $10,000 TOTAL BASE BID $ 579,378.17 201X-9 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-2683 THRU 18-2689 NEW LIGHTING AT 6 PARKS TOTAL BASE BID $ 579,378.17 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-altemate 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. t 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 ONE -HUNDRED TWENTY (120) working days after the commencement date stated in the Notice to Proceed. The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $500 per calendar day. Name of Firm Signature of DI Title Owner/CEO (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-2 ofP-16 20A-10 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-2683 THRU 18-2689 NEW LIGHTING AT 6 PARKS 17 I► 9 : M_ ul_11�11 BIDDER understands and agrees that this Bid Proposal, Contract Documents and subsequent Construction Contract Agreement shall constitute the entire agreement between BIDDER and the AGENCY only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Public Works Agency Executive Director or his/her duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to BIDDER or deposited with the United States Postal Service properly addressed to the BIDDER with the correct postage affixed thereto. BIDDER further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish AGENCY all required bonds and certificate of liability insurance within ten (10) business days or the funds, check, draft, or BIDDERS bond substituted in lieu thereof accompanying this proposal shall become the property of the AGENCY and shall be considered as payment of damages due to the delay and other causes suffered by AGENCY because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered is difficult to ascertain; otherwise said funds, check, drafts, or BIDDER'S bond substituted in lieu thereof shall be returned to the undersigned. BIDDER understands that a bid is required for the entire work, the estimated quantities set forth in the bid schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. The BIDDER also certifies that the bid is a balanced bid. In accordance with Section 7028.15 of the California Business and Professions Code, the undersigned certifies under penalty of perjury that the foregoing is true and correct. Name of Firm Signature of BE Title Owner/CEO (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 ofP-16 20A-11 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-2683 THRU 18-2689 NEW LIGHTING AT 6 PARKS 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: Foddrill Construction Corporation Business Address: P.O. Box 826 Chino, CA 91708-0826 Business E-Mail Address: Leonora()foddrillconstruction or osevilla(a foddrillconstruction.com Telephone: (909) 5914095 State Contractor's License No. and Class: 946999, Class A and C-10 License Expiration Date: 05/31/2020 State Dept. of Industrial Relations (DIR) Registration No.: 1000025525 State Dept. of Industrial Relations (DIR) Registrat Signed: Title: Owner/CEO P-4 ofP-16 20A-12 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-2683 THRU 18-2689 NEW LIGHTING AT 6 PARKS 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. Cohtractor 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 Owner/CEO (if an individual, so state) P-5 ofP-16 20A-13 CITY OF SANTA ANA PROPOSAL PROJECT NO.:18-2683 THRU 18-2689 NEW LIGHTING AT 6 PARKS 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: %m% of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: '/z% 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 Bithell, Inc License #/Exp. C-13 225174 exp 06/10/2020 DIR Reg. #/Exp. 1000001155 exp 06/30/2021 Location Covina. CA Phone (626) 33 1 -2292 Type Of Work _Apply Vitrocem Anti -Graffiti Amount $ $8,800.00 Name V&E Tree Service License #/Exp. C-27,C61/D49 654506exp 9/30/20 DIR Reg. #/Exp. 1000001936 exp 6/30/2019 License # 654506 Location Orange, CA Phone (714)997-0903 Type Of Work Tree Pruning Service Amount $ $9,800.00 Name License #/Exp. DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $ Signature of Bidder Name License #/Exp. DIR Reg. #/Exp. Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $ Name License #/Exp: DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $ P-8 ofP-16 20A-14 CITY OF SANTA ANA PROPOSAL PROJECT NO.:18-2683 THRU 18-2689 NEW LIGHTING AT 6 PARKS 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. 1. Ameron/NOV, 1020 B Street Name and Address of Owner. Name and Telephone Number of person familiar with project. $4,000,000.00 Streetlight maintenance and replacement 11/93 to present Contract Amount Type of Work Date Completed 2. City of Santa Ana Name and Address of owner. Name and Telephone Nun $720,499.33 Contract Amount City of Palmdale Name and Address of owner. of person familiar with project. Security Lighting at 8 Parks Type of Work Arista Hennessey, (661) 267-5458 Name and Telephone Number of person familiar with project. $1,465,206.20 Contract Amount LED Conversion Type of Work July 2017 Date Completed 06/2018-Present Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. Insurance & Surety, LLC, Agent Gabriel Hill, 4195 Chino Hills Parkway #403, Chino Hills, CA 91709 Lie. 0167797, (909) 703-9396 Cell w i� CITY OF SANTA ANA PROPOSAL PROJECT NO.:18-2683 THRU 18-2689 NEW LIGHTING AT 6 PARKS 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. City of Rancho Cucamonga Name and Address of Owner. Fred Lyn, (909) 774-4035 Name and $613 235.02 Contract Amount 2• City of Yorba Linda Name and Address of owner. Armando Jahr Name and Telephone Number $20,258.75 Contract Amount 3. _ City of Corona Name and Address of owner. person tamiliar with project. LED Conversion Type of Work Type of Work Name and Telephone Number of person familiar with project. $500.647.60 Contract Amount LED Conversion Type of Work 01/2019 Date Completed 11/2018 Date Completed 01/2018 Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. Insurance & Surety, LLC, Agent Gabriel Hill, 4195 Chino Hills Parkway #403, Chino Hills, CA 91709 Lic. 0167797, (909) 703-9396 Cell CITY OF SANTA ANA PROPOSAL PROJECT NO.:18-2683 THRU 18-2689 NEW LIGHTING AT 6 PARKS 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. 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. 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. CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-2683 THRU 18-2689 NEW LIGHTING AT 6 PARKS The Contractor shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any contractor of public works violating this Section is subject to all the penalties imposed for a violation of the hh jpter. Signed: Title: Owner/CEO Firm: Foddrill Construction Corporation Date: 05/20/2019 P-13 ofP-16 20A-18 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-2683 THRU 18-2689 NEW LIGHTING AT 6 PARKS STATEMENT REGARDING APPRENTICESHIP REQUIREMENTS The undersigned BIDDER is familiar with the requirements of Section 1777.5 of the State Labor Code regarding employment of apprentices, and understands that contractors on contracts exceeding $30,000 or 20 working days shall: 1. Apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. 2. Employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards. 3. Contribute to the fund or funds in each craft or trade in which he/she employs journeymen or apprentices on the public work, in the same amount or upon the same basis and in the same manner as the other contractors, except contractors not signatory to the trust agreement shall pay a like uut to the Ca ' mia irenticeship Council. Signed: Title: Owner/CEO Firm: Foddrill Construction Comoration Date: 05/20/2019 P-14 ofP-16 20A-19 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-2683 THRU 18-2689 NEW LIGHTING AT 6 PARKS STATEMENT REGARDING "ANTI -KICKBACK" REQUIREMENTS The undersigned is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with the Copeland "Anti -Kickback" Act (18 USC 74) as supplemented in the Department of Labor regulations (29 CFR, Part 3). This act provides that each contractor or subcontractor shall be prohibited from inducing, by any means, any person employed in the construction or repair of public work, to give up any part of the compensation to which he/she is 3ise entitled. `'��j Signed: Title: Owner/CEO Firm: Foddrill Construction Corporation Date: 05/20/2019 P-15 ofP-16 20A-20 CITY OF SANTA ANA PROPOSAL PROJECT NO.:18-2683 THRU 18-2689 NEW LIGHTING AT 6 PARKS PUBLIC CONTRACT CODE SECTION 10162 OUESTIONNAIRE In conformance with Public Contract Code Section 10162, the BIDDER shall complete, under penalty of perjury, the following questionnaire: Has the BIDDER, any officer of the BIDDER, or any employee of the BIDDER who has a proprietary interest in the BIDDER ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No X If the answer is yes, explain the circumstances in the following space. 2��P21 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 J700 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 c t tract. Signed: Title: Owner/CEO Firm: Foddrill Construction Corporation Date: 05/20/2019 20A-22 CITY OF SANTA ANA EXHIBIT 3 CONSTRUCTION CONTRACT PROJECT 18-2683, 18-2684, 18-2685, 18-2686, 18-2687, AND 18-2689 NEW LIGHTING AT SIX PARKS PROJECT This CONSTRUCTION CONTRACT is made and entered into this 2nd day of July, 2019 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 Foddrill Construction Corporation (hereinafter "CONTRACTOR'). WITNESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. 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 New Lighting at Six Parks 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 Five Hundred Seventy -Nine Thousand Three Hundred Seventy -Eight Dollars and Seventeen Cents ($57%378:17), as set 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. rev. 09/01/2017 20 A -23 Page 1 of 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 timeftame 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: hqp://www.santa-ana.org/pwa/documents/CWA.pdf 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, famish Certificates of Liability Insurance and Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY. // 20 A -24 Page 2 of 3 IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: NORMA MITRE-RAMIREZ Acting Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By:. �� J FUNK Assistant City Attorney RECOMMENDED FOR APPROVAL: FUAD SWEISS, PE, PLS Executive Director Public Works Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager CONTRACTOR: Foddrill Construction Corporation NAME: TITLE: 20A-25 Page 3 of 3 20A-26 COST ANALYSIS CONSTRUCTION OF PROJECT NO. 1�Z683--THRU,18=2689: NEW LIGHTING AT SIX PARKS ' Construction Contract $ - `579,378.00 Contract Administration, Inspection and Testing $ -86,906.00_ Contingencies $ 57,716.00 TOTAL ESTIMATED CONSTRUCTION COSTS $ 724;000.00- 1Wl:ll iffil 20A-27 20A-28