HomeMy WebLinkAboutItem 20 - Raitt and Myrtle Park Project Public Works Agency
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Item # 20
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
September 21, 2021
TOPIC: Raitt and Myrtle Park Project
AGENDA TITLE
Approve an Appropriation Adjustment and Award a Construction Contract to CEM
Construction in the Amount of $2,776,406 for the Raitt and Myrtle Park Fiscal Year 2021-
22 Project with an Estimated Project Delivery Cost of $3,410,928 (Project Nos. 16-7566,
20-2730 & 22-6621) (Non-General Fund)
RECOMMENDED ACTION
1. Approve an amendment to the Fiscal Year 2021-22 Capital Improvement Program to
include $114,023.44 in construction funding from the Cannabis Public Benefit Funds,
for the Raitt and Myrtle Park Project.
2. Approve an appropriation adjustment to recognize $1,670,000 in Proposition 1
Integrated Regional Water Management (IRWM) grant funding from the State of
California Department of Water Resources into the Public Works-Water Quality &
Control, State Grant-Direct revenue account and appropriate the same amount into
the Prop 1 IRWM Program, Improvements Other Than Building expenditure account.
3. Approve an amendment to the Fiscal Year 2021-22 Capital Improvement Program to
include $1,670,000 in construction funding from the Proposition 1 IRWM grant funds
for the Raitt and Myrtle Park Project.
4. Authorize the City Manager to execute a Proposition 1 IRWM Grant Funding
Agreement with the Santa Ana Watershed Project Authority (SAWPA) beginning
September 21, 2021, and expiring three years after final payment, exercisable by the
City Manager and City Attorney, for a total disbursement amount not to exceed
$1,670,000, subject to non-substantive changes approved by the City Manager and
City Attorney.
5. Reject Bid Protest and award a construction contract to CEM Construction, the lowest
responsible bidder, in accordance with the base bid in the amount of $2,776,406, for
construction of the Raitt and Myrtle Park FY 2021-22 Project, for the term beginning
October 11, 2021, and ending upon project completion, and authorize the City
Award Construction Contract to CEM Construction
September 21, 2021
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Manager to execute the contract subject to non-substantive changes approved by the
City Manager and the City Attorney.
6. Approve the Project Cost Analysis for a total estimated construction delivery cost of
$3,410,928, which includes $2,776,406 for the construction contract, $277,640 for
contract administration, inspection and testing, $45,000 Grant Administration &
Consultant Services, and a $311,882 project contingency for unanticipated or
unforeseen work.
DISCUSSION
This project includes construction of a new 1.18-acre park on two City-owned parcels at
the northeast corner of Raitt Street and Myrtle Street. The park will feature: a skate park,
play equipment, exercise area, drought-tolerant landscaping, bridges and walkways,
drinking water fountains, site lighting, a public restroom, a 1,600 sq. ft. stormwater
bioretention basin, a subsurface stormwater infiltration system (stormchamber),
interpretive signage promoting watershed and water quality education, and off-site
improvements.
This project is unique because the stormwater Best Management Practices (BMPs) on-
site are designed to infiltrate stormwater runoff not only from the park itself, but also from
the surrounding neighborhood. Stormwater infiltration is very beneficial to the
environment, as it helps improve water quality, increase local water supplies, and reduce
flooding.
The Parks, Recreation, and Community Services Agency was able to obtain grant funding
for construction of this project from the Proposition 68 Statewide Parks Grant. This
funding was recognized and appropriated to this project by the City Council on May 19,
2020.
The Public Works Agency was also able to obtain grant funding for this project from the
Proposition 1 Integrated Regional Water Management (IRWM) grant program. The funds
will be used for the construction of stormwater infiltration BMPs and other park features
in the Raitt and Myrtle Park, as well as grant administration and consultant services. This
grant program is administered by the State Department of Water Resources (DWR) and
provides funding for multi-benefit projects that help address the future water needs of the
State. The Santa Ana Watershed Project Authority (SAWPA) is a Joint Powers Authority
composed of several water and wastewater agencies. SAWPA is the local grant
administrator for the Santa Ana funding region and has entered into a Grant Agreement
with DWR. The City is required to enter into a Grant Agreement with SAWPA for reporting
and disbursement of the Proposition 1 IRWM funds (Exhibit 5).
Public Outreach and Contractor Participation
To provide an opportunity for local vendors to submit bids, the City notified 196 regional
vendors via PlanetBids, many of which are Santa Ana based. Seventy-seven vendors
Award Construction Contract to CEM Construction
September 21, 2021
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requested bidding documents, and 11 bids were received. There were no bids received
from any Santa Ana contractors.
As legally required, a Notice Inviting Bids was advertised in the Orange County Register
newspaper on June 23 and June 28, of 2021. The project was also advertised in
PlanetBids from June 23, 2021, through July 21, 2021. Bids were received electronically
via PlanetBids on July 21, 2021.
Bid Results Summary
RANK BIDDER’S NAME LOCATION BASE BID
1 CEM Construction Montebello $2,776,406.00
2 PUB Construction, Inc.Diamond Bar $2,940,621.02
3 Environmental Construction, Inc.Woodland Hills $3,063,709.92
4 Los Angeles Engineering, Inc.Covina $3,336,000.00
5 PCN3, Inc.Los Alamitos $3,345,710.60
6 C.S. Legacy Construction Inc.Chino $3,413,308.28
7 EBS General Engineering Inc.Corona $3,527,360.00
8 MVS Enterprises Inc.Temecula $3,582,346.00
9 Access Pacific Inc.Pasadena $3,937,285.14
10 RAL Investment Corporation San Diego $4,040,299.10
11 Kazoni Construction Costa Mesa $4,636,725.00
Of the 11 bids received, all were deemed responsive. CEM Construction submitted the
lowest responsive base bid in the amount of $2,776,406 (Exhibit 2). As specified in the
bid documents, the lowest bid shall be determined on the basis of the Base Bid. Based
on the bid analysis and a contractor’s reference check, staff recommends awarding the
construction contract to CEM Construction, in the amount of the base bid totaling
$2,776,406 (Exhibit 3).
A Bid Protest was submitted to the City by the third lowest bidder, Environmental
Construction, Inc., who challenged the responsiveness of the apparent low bidder.
Ultimately, Public Works staff found the minor irregularities in the CEM Construction bid
to be immaterial. Staff recommends waiving the protest and awarding the contract to
CEM Construction.
Award Construction Contract to CEM Construction
September 21, 2021
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Project Delivery
To deliver a complete project, in addition to the construction contract, the estimated total
project delivery cost 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
materials testing. As indicated in the Cost Analysis (Exhibit 4) and as summarized in the
table below, the estimated total construction delivery cost of the project is $3,410,928.
Project Item Total
Construction Contract $2,776,406
Construction Administration, Inspection, Testing $277,640
Contingencies $311,882
Prop 1 Grant Administration & Consultant Services $45,000
TOTAL CONSTRUCTION DELIVERY COST $3,410,928
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the recommended actions
are exempt from further review. A Mitigated/Negative Declaration was prepared and was
filed for the project.
FISCAL IMPACT
As indicated in the Cost Analysis, the estimated total construction delivery cost of the
project is $3,410,928, which includes the construction contract, contract administration,
inspection, testing, project contingency, grant administration, and consultant services.
Project No. 16-7566 is the number assigned to the Project Plans and Specifications and
the Notice Inviting Bids. Project No 20-2730 is the number assigned to the PRCSA grant
and Cannabis Public Benefit funding for tracking of all expenditures to deliver the
construction of this project. A portion of the funding for this project in the amount of
$1,626,904.56 was appropriated in the Fiscal Year 2020-21 Parks, Recreation, and
Community Services Agency Capital budget. As part of the Citywide budget carry-
forward process, the Parks, Recreation, and Community Services Agency submitted to
the Finance Department a request for these funds to be carried forward into Fiscal Year
2021-22. This carry-forward request was compiled with requests from other departments
and is being presented for City Council approval on this same agenda under a separate
agenda item.
Additionally, The City secured a Proposition 1 IRWM grant in the amount of $1,670,000
to deliver the construction of this project. Project No. 22-6621 is the number assigned to
the Public Works Agency grant funding for tracking of all expenditures. Staff is requesting
Council approval of an appropriation adjustment to recognize the Proposition 1 Integrated
Regional Water Management (IRWM) grant funding of $1,670,000 from the State of
California Department of Water Resources into the Public Works-Water Quality & Control,
Award Construction Contract to CEM Construction
September 21, 2021
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State Grant-Direct revenue account (No. 16417002-52025) and appropriate the same
amount into the Prop 1 IRWM Program, Improvements Other Than Building expenditure
account (No. 16417643-66220). With the approval of the amendment to the Fiscal Year
21-22 Capital Improvement Program, the remaining funding for this project will be
available in the amount of $114,023.44 from FY 2021-22 funds of the Cannabis Public
Benefit Fund from the Splash Pads Project. All funds will be budgeted and available for
expenditure in Fiscal Year 2021-22. Any remaining balances not expended at the end of
the fiscal year will be carried forward into FY 2022-23 for expenditure.
The following table summarizes the funds budgeted and available for expenditure to
deliver construction of this project.
Fiscal
Year
Accounting Unit -
Account No.
(Project No.)
Fund
Description
Accounting Unit,
Account No.
Description
Amount
2021-22 16113264-66220
(20-2730)
PRCSA
Capital
Grants
2018 Parks Bond Act-
SPD&CR,
Improvements Other
Than Building
$1,626,904.56
2021-22 16417643-66220
(22-6621)
Public
Works-
Water
Quality &
Control
Prop 1 IRWM Program,
Improvements Other
Than Building
$1,670,000.00
2021-22 01213020-66220
(20-2730)
Cannabis
Public
Benefit
Funds
PRCSA-Youth
Services,
Improvements Other
Than Building
$114,023.44
Total $3,410,928.00
EXHIBIT(S)
1. Location Map
2. Bid Proposal
3. Construction Contract
4. Cost Analysis
5. Proposition 1 IRWM Grant Agreement – Link: https://www.santa-
ana.org/sites/default/files/pw/documents/IRWM_Grant_Agmt_Exh5_Raitt_and_M
yrtle_Park_Prop_1.pdf
6. FY 2021-22 Capital Improvement Program Sheet
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency and Lisa
Rudloff, Executed Director – Parks, Recreation & Community Services Agency
Approved By: Kristine Ridge, City Manager
PWA
SANTA ANA
PUBLIC WORKS AGENCY
Project No. 16-7566:
Raitt and Myrtle Park
Exhibit 1
Project Location
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CITY OF SANTA ANA
CONSTRUCTION CONTRACT AGREEMENT
PROJECT NO.: 16-7566
RAITT MYRTLE PARK
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This CONSTRUCTION CONTRACT is made and entered into this 21st day of September, 2021 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 CEM
Construction (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 Raitt and Myrtle Park Project (hereinafter referred
to as the “WORK OF IMPROVEMENT”) identified in and in accordance with the Contracts
Documents prepared by the City’s Public Works Agency and approved by the City Council.
2.
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 Two Million Seven Hundred Seventy Six
Thousand Four Hundred Six and No Cents ($2,776,406), 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.
EXHIBIT 3
CITY OF SANTA ANA
CONSTRUCTION CONTRACT AGREEMENT
PROJECT NO.: 16-7566
RAITT MYRTLE PARK
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4. CONTRACTOR agrees to complete the WORK OF IMPROVEMENT within the time specified in
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
website at:
http://www.santa-ana.org/pwa/documents/CWA.pdf
7. 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
CITY.
10. INDEMNIFICATION.
To the fullest extent allowed by law, CONTRACTOR and its Subcontractors hereby agree to defend,
indemnify, and hold harmless CITY, its City Council, boards and commissions, officers, agents,
employees, representatives and volunteers (hereinafter collectively referred to as "Indemnitees"),
through legal counsel acceptable to CITY, from and against any liability, claims, actions, costs,
damage person or damage to any property, arising directly or indirectly from, or in any manner relating to,
any of the following:
(i) Performance or nonperformance of the Work of Improvement by CONTRACTOR or its
Subcontractors of any lower tier;
(ii) Performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier,
EXHIBIT 3
CITYOF SANTAANA
CONSTRUCTION CONTRACT AGREEMENT
PROJECT NO.: 16-7566
RAITT MYRTLE PARK
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of anyof the obligations under the Contract Documents;
(iii) The construction activities of CONTRACTOR or its Subcontractors of any lower tier, either
on the project site or on other properties;
(iv) The payment or nonpayment by CONTRACTOR of any of its Subcontractors of any lower
tier, for Work of Improvement performed on or off the project site; and
(v) Any personal injury, property damage or economic loss to third persons related to and arising
from the performance or nonperformance by CONTRACTOR or its Subcontractors of any
lower tier, of the Work of Improvement.
(vi) The indemnity obligations of Subcontractors provided by this Section shall be included in all
subcontract documents issued byCONTRACTOR.
Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in
favor of CONTRACTOR against CITY or any other Indemnitee.
IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and
year first above written.
ATTEST:CITY OFSANTA ANA
DAISY GOMEZ KRISTINE RIDGE
Clerk of the Council CityManager
APPROVED AS TO FORM:
SONIA R. CARVALHO CONTRACTOR:
City Attorney Company:
By:
NAME:/DXUD$5RVVLQL
&KLHIAssistant CityAttorney Title:
RECOMMENDED FOR APPROVAL:
NABIL SABA, PE
ExecutiveDirector
Public Works Agency
/DXUD$5RVVLQL
President
Jesus E Carrillo
EXHIBIT 3
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EXHIBIT 3
Construction Contract 2,776,406.00$
Contract Administration 133,184.00$
Inspection and Testing 144,456.00$
Contingencies 311,882.00$
Grant Administration 45,000.00$
TOTAL ESTIMATED CONSTRUCTION COSTS 3,410,928.00$
CONSTRUCTION OF PROJECT NO. 16-7566: Raitt and Myrtle Park
COST ANALYSIS
Exhibit 4
PPROJECT TITLE:Raitt & Myrtle Park ImprovementsPPROJECT CATEGORY:City Facility Improvements - Park Facility ImprovementsPROJECT NEED:The City's Municipal Code recommends the Citymeets a 2 acre per 1,000 population ratio of openspace. Currently the City ratio is 1.1 acres per 1,000population. This new park site will help increase the park ratio in the City of Santa Ana. In addition, this new park site has been submitted to the National Park Service for the land conversion of the Santa Ana College site at Centennial Park. Staff is currently doing public outreach meetings to identify the design of this new park site.PROJECT DESCRIPTION:Preparation of design plans and specifications for the1.1 acre Raitt and Myrtle Park site.SOURCE OF FUNDSFY 21/22FY 22/23FY 23/24FY 24/25FY 25/26FY 26/27FY 27/28GAS TAX $100,000RMRA SB1 $1,625,000TOTAL$1,725,000PROJECT COSTSFY 21/22FY 22/23FY 23/24FY 24/25FY 25/26FY 26/27FY 27/28Construction $1,725,000TOTAL$1,725,000LOCATION MAPCONTACT:DATE:23-Aug-2021AGENCYParks, Rec. & Community ServicesDIVISION:AdministrationRon Ono, Administrative Services Manager- 1 -CCITY OF SANTA ANA FY 21/22 CIPCAPITAL IMPROVEMENT PROJECT WORKSHEETFY 22/23FY 21/22FY 21/22CANNIBUS PUBLIC BENEFIT FUNDPROP 1$114,023.44$1,670,000FY 22/2321-SEPT-2021$1,784,023.44$1,784,023.44$1,784,023.44