Loading...
HomeMy WebLinkAboutItem 20 - Santa Ana Regional Transportation Center Fountain Renovation20. Construction Contract to Cabifornia, Inc. for the Santa Ana Regional Transportation Center Fountain Renovation (Project No. 24-6058) (General Fund and Non -General Fund) Department(s): Recommended Action: 1. Approve an amendment to the FY 2024-25 Capital Improvement Program to include $587,250 in construction funding approved in FY 2023-24 from the Clean California Local Grants Program through the California Department of Transportation. 2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $587,250 which includes $435,000 for the construction contract, $65,250 for contract administration, inspection, and testing, and a $87,000 project contingency for unanticipated or unforeseen work. 3. Award a construction contract to Cabifornia, Inc. in accordance with the base bid in the amount of $435,000, subject to change orders (not to exceed 25% of the base bid amount) in accordance with the Greenbook: Standard Specifications for Public Works Construction, for the fountain replacement of the Santa Ana Regional Transportation Center for the term beginning upon execution of the contract and ending upon project completion, and authorize the City Manager to execute the contract. 4. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER-2024-58 was filed for project 24-6058. Public Works Agency www.santa-ana.org/public-works Item # 20 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report August 6, 2024 TOPIC: Santa Ana Regional Transportation Center Fountain Renovation AGENDA TITLE Construction Contract to Cabifornia, Inc. for the Santa Ana Regional Transportation Center Fountain Renovation (Project No. 24-6058) (General Fund and Non -General Fund) RECOMMENDED ACTION Approve an amendment to the FY 2024-25 Capital Improvement Program to include $587,250 in construction funding approved in FY 2023-24 from the Clean California Local Grants Program through the California Department of Transportation. 2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $587,250 which includes $435,000 for the construction contract, $65,250 for contract administration, inspection, and testing, and a $87,000 project contingency for unanticipated or unforeseen work. 3. Award a construction contract to Cabifornia, Inc. in accordance with the base bid in the amount of $435,000, subject to change orders (not to exceed 25% of the base bid amount) in accordance with the Greenbook: Standard Specifications for Public Works Construction, for the fountain replacement of the Santa Ana Regional Transportation Center for the term beginning upon execution of the contract and ending upon project completion, and authorize the City Manager to execute the contract. 4. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER-2024-58 was filed for project 24-6058. GOVERNMENT CODE §84308 APPLIES: No DISCUSSION In September 1985, the Santa Ana Regional Transportation Center (SARTC) was opened and quickly became a major transportation hub in Orange County. Located at 1000 E Santa Ana Blvd. (Exhibit 1), SARTC serves as a hub for various transportation Santa Ana Regional Transportation Center Fountain Renovation August 6, 2024 Page 2 services, including Amtrak intercity rail service, Metrolink commuter rail service, and several local and regional bus services (i.e. Orange County Transportation Authority (OCTA), Greyhound, and other bus services). The Spanish and Mediterranean Revival architectural style of SARTC features ceramic red barrel roof tiles, stucco -style walls, and extensive use of painted tiles for decoration. Many features are original to the facility. The Public Works Agency (PWA) submitted a successful grant application for funding to the California Department of Transportation (Caltrans) Clean California Local Grants Program to revitalize the SARTC. On December 5, 2023, the City Council adopted Resolution 2023-091, which authorized the Executive Director of the Public Works Agency to execute agreements with Caltrans for the SARTC Fountain Renovation project. The scope of work for this fountain renovation project includes the removal and replacement of the existing nonfunctioning water fountain at the SARTC main entrance. The existing fountain is broken beyond repair and does not work due to the fountain's plumbing and hardware being broken and rundown. Due to these factors, the fountain will be removed and replaced with an aesthetically similar fountain (Exhibit 2). This project will help to beautify the main entrance of the train station and improve the overall transit experience. SARTC improvements along with the future OC Streetcar will activate helping to deter crimes and illegal activities. Public Outreach and Contractor Participation To provide an opportunity for local vendors to submit bids, the City notified a total of 1,877 regional vendors via PlanetBids, several of which are Santa Ana based. A total of five bids were received. No bids were received from Santa Ana contractors. This project was originally advertised for bid on May 21, 2024. Bids were received electronically via Planet Bids on June 13, 2024. No bid protest was submitted by any of the bidders during the bid protest period. Bid Results Summ Rank Bidder's Name Location Base Bid 1 Cabifornia Inc. Mission Viejo, CA $435,000 2 3M Construction Corporation Anaheim, CA $445,777 3 Diamond Construction & Design La Habra, CA $490,000 4 Cinbad Industry, Inc. Chatsworth, CA $585,000 5 Fidelity Builders, Inc. Glendale, CA $647,700 A total of five bids were received and all were deemed responsive. Cabifornia Inc. submitted the lowest responsive base bid in the amount of $435,000 (Exhibit 3). As specified in the bid documents, the lowest bid shall be determined on the basis of the Santa Ana Regional Transportation Center Fountain Renovation August 6, 2024 Page 2 base bid. Based on the bid analysis and a contractor's reference check, staff recommends awarding the construction contract to Cabifornia Inc in the amount of the base bid totaling $435,000 (Exhibit 4). This local company has 14 years of experience with building and remodeling jobs. This will be their first project for the City of Santa Ana. 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 and implementation of the labor requirements. As indicated in the Cost Analysis (Exhibit 5) and as summarized in the table below, the estimated total construction delivery cost of the project is $587,250. A proposed carry- over of FY 2023-24 unspent funds in Project No. 24-6058 will be presented to the City Council for approval for this contract to amend the FY 2024-25 Capital Improvement Program (Exhibit 6). Project Item Total Construction Contract Bid Amount $ 435,000 Construction Administration, Inspection, Testing $ 65,250 Project Contingencies $ 87,000 TOTAL ESTIMATED CONSTRUCTION DELIVERY COST $ 587,250 ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Review No. ER-2024-58 was filed for the project 24-6058. FISCAL IMPACT As indicated in the Cost Analysis, the estimated total construction delivery cost of the project is $587,250, which includes construction, contract administration, inspection, and testing, and authorized contingencies of $87,000. The funding of $587,250 for this project was appropriated in prior fiscal year's capital budget (Exhibit 6). As part of the Citywide budget carry -forward process, the request will be submitted to the Finance Department for these funds to be carried forward into Fiscal Year 2024-25. The carry - forward is a citywide effort and compiled with requests from various departments. It will be presented for City Council approval under a separate agenda item. The proposed contract enables staff to authorize a construction cost increase of up to 25%, if necessary for contingencies. Staff expects to utilize other available Public Works appropriations if a contingency becomes necessary to complete the project If there are Santa Ana Regional Transportation Center Fountain Renovation August 6, 2024 Page 2 no other available appropriations, staff will return to the City Council with a project update and recommendations. The following table summarizes the funds budgeted for expenditure to deliver construction of this project: Fiscal Accounting Fund Accounting Unit, Amount Year Unit -Account # Description Account Description 06717650- PWA — SARTC 2024-25 Regional Operations, 500,000 (24-624-6058) Transp Center Improvements Other Than Buildings 01117650- SARTC Maintenance — 2024-25 66220 General Fund Service Enhancement, 87,250 (24-6058) Improvements Other Than Buildings TOTAL $587,250 EXHIBIT(S) 1. Location Map 2. Proposed Fountain Design 3. Bid Proposal 4. Construction Contract 5. Cost Analysis 6. Capital Improvement Project Worksheet Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Alvaro Nunez, Acting City Manager Exhibit 1 �N oRAn,Ge � SANTA ANA 2 \�o 3 Project No. 24-6058: C PWi SARTC Fountain Replacement 1 PUBLIC WORKS AGENCY T � PREPARED BY: JONATHON AGUIRRE REVIEWED BY: N/A REVISION: SARTC FOUNTAIN EXHIBIT 2 PUBLIC WORKS AGENCY CITY OF SANTA ANA N WALL AT A TABLE ME*HT Wf >TIN.A4ACf CAF I DATE: 7/12/2024 1 SHEET 1 OF 3 ♦ / `/464 ar r PREPARED BY: JONATHON AGUIRRE REVIEWED BY: N/A REVISION: m SARTC FOUNTAIN EXHIBIT PUBLIC WORKS AGENCY CITY OF SANTA ANA PRECAST COPING CAN 4E I DATE: 7/12/2024 1 SHEET 3 OF 3 EXHIBIT 3 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 24-6058 SARTC FOUNTAIN REPLACEMENT BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: 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 JU cyWlli .71J11-iJui,i• Item Description Qty Unit Unit Price Amount 1 Mobilization 1 LS $ 3 p 000 $ 2 Demolition 1 LS 3 Concrete work 1 LS 4 Metal stud framing, & 1 LS $ �2 QDQ $ miscellaneous framing, 5 New gyp board, patching, new 1 LS S 1,41 �OC7 $ painting and caulking 6 Tile work, complete with grout 1 LS $ $8 DSO $ and sealing 7 Terracotta work, Complete with 1 LS S 3 �- 000 $ grout and sealing 8 All plumbing fixtures and required 1 LS S $ back supports, venting pipes, 93000 supply pipes, fountain equipment and accessories S S 4 Service, power, switching, 1 LS 18 OOQ distribuition, light fixtures, data and communication conduits, control anel, general work 10 As -Built Plans 1 LS $5,fl00 $ 1 i Construction Permit 1 LS $10,000 TOTAL BASE BID $ 4-3 JS 000 - 00 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 P-8 of P-24 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 24-6058 SARTC FOUNTAIN REPLACEMENT 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 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. Upon issuance of the Notice to Proceed, Contractor shall immediately place order for long -lead time items. Work shall be completed by December 2024.The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $555 per calendar day. Name of Firm Signature of BIDDER Title NO-, j jP Wt (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-9 of P-24 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 24-6058 SARTC FOUNTAIN REPLACEMENT 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, dcnoting 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 enalty of perjury that the foregoing is true and correct. Name of Firm Ctl b orn�� -Tne Signature of BIDDER Title Y,., Jcrd (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-10 of P-24 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 24-6058 SARTC FOUNTAIN REPLACEMENT 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: c M; ; C Business E-Mail Address: Telephone: — State Contractor's License No. and Class: License Expiration Date: State Dept. of Industrial Relations (DIR) Registration No.: PW - L. R- 1 or-) State Dept. of Industrial Relations (DIR) Registration Expiration Date: -3 0 j d2 0.2 4• Signed: Title: 140 [A m ✓e-5 e,",_ P-11 of P-24 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 24-6058 SARTC FOUNTAIN REPLACEMENT 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 h EAY 3 rn ; Signature of BIDDER Title o ; (if an individual, so state) P-12 of P-24 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 24-6058 SARTC FOUNTAIN REPLACEMENT OWNERSHIP AFFIDAVIT STATE OF CALIFORNTA ) COUNTY OF ORANGE ) ss: CITY OF SANTA ANA ) m being duly sworn, deposes and says: ❑ INDIVIDUAL That he/she is the party 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-parmership. ®CORPORATION That he is of: r rOr?7r Qrntpt The 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 collusion to secure any advantage against the City of Santa Ana or any person interested in the pro sed contract, for himself or any other person. Signature of Bidder Subscribed and sworn to before me this Q li day of 20 Z . Signature of officer Administering Oath (Notary Public) 5E(-- A7&y 1, Q16P F-09- 00TA'04 06/0 4/7- 4 P-13 of P-24 NpTARYPUffLIC JURAT ULW11-FICA1�' A notary public or other officer.comp�leting this certificate verifies only the identity of the individual who signed the d0ci ument•to which this certificate is attached, and not the truthfulness, accuracy, or validity -of that document. STATE OF CALL fORN 1 COUNTY O-F Subscxibed and swoxn to (o'r affismed) before one on this a day of SU N 2021 , by - proved to Ine. on the basis of satisfactory evidence to be the person(8� who appeared before xnc_ CHARLIE LEE .. NOTARY PUBUC • CAUFORNIA a a LOS ANGELES COUNTY Y COMMISSION # 2387351 MY COMM. EXPIRES DEC. is, 2025 Signatzue of _Notary Public OPTIONAL ENTRIES `Z`ype or Ki_ud of Document: OW NCR 54 ) p - 1F F ! D& V l T Name of other Falty(ies) Involved: Date of Document: 06 a4" No.:of Pages: Additional Notes: Notary Seal 'I`ype of ID. -Used: b Sample Dan Wordkg.-Do you swear qnd eD7rm that thestatementsm thrs dacamentare the truth, the vv.Tinle truth and notlririg, but the fruili- so help yorr.God? © 2016 ALL R[GHT5 RE5EF VFD-%AMERICAN NOTARY GROUP - ArnericanNotary.rom -- Reorder at: (323)349-OBBO CITY OF SANTA ANA PROPOSAL PROJECT NO.: 24-6058 SARTC FOUNTAIN REPLACEMENT 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: %% 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 / -11 p, 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 $ 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-15 of P-24 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 24-6058 SARTC FOUNTAIN REPLACEMENT 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. 0 Re-z k H;rget'K / i lk nogeir Lih 92 Name and Address of Owner. -?-/ - q Name and Telephone Number of person familia with project. 2� oaa - o! &.10( "+ ; 2a2 Contract Amount Type of Work Date Completed Name and Address of owner. 626 _ S Name and Telephone Number of person fa li r with project. /20 Ono (� ahem 2O!4 Contract Amount Type of Work Date Completed Name and Address owner. Q e. / 4 Name and Telephone Number of person familiar with project. 360 nion nac&v, Ie*-It ��2 C�- 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. Fay'rne-y- 009-3q e•,c Zns� G� 1 1Qr hCe D 5 +ev P-16 of P-24 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 24-6058 SARTC FOUNTAIN REPLACEMENT 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. Name and Address of Owner. Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed 2. Name and Address of owner. Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed 3. Name and Address of owner. Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from wham BIDDER intends to procure insurance and bonds. P-17 of P-24 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 24-6058 SARTC FOUNTAIN REPLACEMENT 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 Signed - State of California County of Subscribed an orn person(s) who appeared to (or affirmed) Notary Public Signature proved to M bef on this day of 20_, by me on the s of satisfactory evidence to be the SEE A -rM CA_1.E ti) For— lU OTA�f-y Notary Public Seal P-18 of P-24 N0IA14PU1�LIC JURAIT A notary public or other officer.GOMpleting this certificate verifies only the identity of the individiaai who signed the document -to which this certificate is attached, and not the truthfulness, accuracy, or validity'•of that document. STATE OF CALI TOWN M COUNTY OF Subscribed and sworn to (or afilxmed) before me on this �- ,TUNE ' Z'_1 , by. 5eaEEb . MO H A Y""P I proved to mca on the basis of satisfactory evidence to be, the person(g who appeared before Sao. Signatuxe of.Notary Public day of CHARLIE LEE . , NOTARY PUBLIC - CALIFORNIA i LOS ANGELES COUNTY COMMISSION # 2387351 W COMM. EXPIRES DEC.18, 2025 xo=y Sinl OPTIONAL ENTRIES Type or Kind of Document. Now - GOLWSOV hK 1pA [ -v Name of Other Party(ies) Involved: Date of Document: � U� 2� No.: of Pages: 4 Type of ID. --Used: Additional Notes: GA l) L Sample OR th Wo,rdiug. Do you swear a.adaffirm that the statem ztS itr this documeat are the tratia, the Whnle w" tr rrth aadatliirig, but the truib; sa help you. Gad? © 2015 ALL R1a-iT5 RESERVED--AMERICAN NOTARY CROUP - AmericanNatary-com - Reorder at: (323)349-0860 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 24-6058 SARTC FOUNTAIN REPLACEMENT 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 tabor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5, The Contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. P-19 of P-24 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 24-6058 SARTC FOUNTAIN REPLACEMENT 7. The Contractor shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any contractor of public works violating this Section is subject to all the penalties imposed for a violationr ��� Signed: Title: m 5 -' Firm: Cab ly--'Os',Kc Date: P-20 of P-24 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 24-6058 SARTC FOUNTAIN REPLACEMENT 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 ount to the California Apprenticeship Council. Signed: Title: P Firm: i Y n h C Date: p P-21 of P-24 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 24-6058 SARTC FOUNTAIN REPLACEMENT 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 otherwise entitled. Signed: yj Title: c / IO��,Yv� a�l'� PMC,;j e*1:k Firm: i rti..0i 1,, P-22 of P-24 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 24-6058 SARTC FOUNTAIN REPLACEMENT 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. P-23 of P-24 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 24-6058 SARTC FOUNTAIN REPLACEMENT STATEMENT REGARDING COMMUNITY _WORKFORCE AGREEMENT (CWA) REQUIREMENTS This is to certify that the undersigned BIDDER, and subcontractors, have read and understood the CWA entered into by and between the City of Santa Ana, the Los Angeles/Orange Counties Building and Construction Trades Council, and the signatory Craft Councils and Local Unions, effective as of September 1, 2017. The CWA is available at: https://www.santa-ana. ora/documents/community-workforce-agreement/ The undersigned BIDDER hereby agrees to comply with all terms and conditions of the CWA, and is capable of completing construction of the project continuously, and without interruptions or delays. If awarded any work covered by the CWA, BIDDER will also be required to sign the Letter of Assent that appears as Attachment A to the CWA. The undersigned BIDDER has reviewed the Public Works Construction Permit and required deposit descri ed in Section 2-2a and the Notice of Inviting Bids. Signed: /f� l % J Title: 6a--e / "i'042 +v� [t (1t i Peesr girt - Firm: CQL;LY-V tiGk ��► c Date: p 6 f Q L;-/ .9-0,2 L.)- P-24 of P-24 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 24-6058 SARTC FOUNTAIN REPLACEMENT 1:�1�7:T�7►1�7 KNOW ALL P SENT that, as BIDDER, and as SURETY, are held and firmly bound to the CITY OF SANTA ANA, as AGENCY, in the penal sum of _ rri r N �xollars ($ Lr 3 5 Qn�� ),which is ten percent (10%) of tire 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 day of , 20_. BIDD * dd rr nn [ Inc S aee al �oho�w� n.��1 i�5 � C"d- -- Il �/: o C19 q,9,6Of 4 3—3t3-4-- SURETY* Subscribed and sworn to before me , 20_. Signature_ Notary Public in and for the County of , State of this day of * Provide BIDDER/ SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. P-14 of P-24 EXHIBIT 4 CITY OF SANTA ANA CONSTRUCTION CONTRACT AG1 EEMENI' PROJECT NO.: 24-6058 SARTC FOUNTAIN REPLACEMENT This CONSTRUCTION CONTRACT is made and entered into this 30th day of July, 2024 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 Cabifornia Inc. (hereinafter "CONTRACTOR'), WITNESSETH:. The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: I. 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 Fountain Replacement project at Santa Ana Regional Transportation Center (hereinafter referred to as the "WORT{. 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 Four Hundred Thirty Five Thousand Dollars and No Cents ($435,000.00), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A," anri in accordance with Section 2-7.1 of the Greenbook: Standard Specifications for Public Works Construction. rev. 0W01/2017 Page I of 3 The BID PROPOSAL contains a schedule of unit price(s) or lump sums) 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. 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 timefrain.e 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: littp://Nvww.s Wa-aiia.oz /�wa/documents CWA. df 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 (1.00%) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100°yo) 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. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond (Warrant, Bond). Said Warranty Bond shall also be required as a condition of project acceptance. For projects tip to hive Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of Teti 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. 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 "Indemnitecs"), through legal counselacceptable to CITY, from and against any liability, claims, actions, costs, damages or losses, including reasonable costs and attorney's fees, for injury, including death to any person or damage to any property, arising directly or indirectly from, or in any manner relating to, any of the following; Page 2 of 3 (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, of any of 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 by CONTRACTOR. 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: JENNIFER L. HALL City Clerk APPROVED AS TO FORM: SONIA R, CARVALHO City Attorney By: J SE MONTOYA Assistant City Attorney RECOMMENDED FOR APPROVAL: i. Digitally signed byNabllSaba Nabil Sab�to7'00424.47.,SD9:24:51 NABIL SABA, PE Executive Director Public Works Agency CITY OF SANTA ANA ALVARO N UNEZ Acting City Manager CONTRACTOR: Cabifornia Inc TITLE 1; r2s1, Page 3 of 3 Exhibit 5 COST ANALYSIS CONSTRUCTION OF PROJECT NO 24-6058: SARTC Fountain Replacement Construction Contract $ 435,000.00 Contract Administration, Inspection and Testing $ 65,250.00 Contingencies $ 87,000.00 TOTAL ESTIMATED CONSTRUCTION COSTS $ 587,250.00 EXHIBIT 6 PROJECT TITLE: SARTC Fountain Replacement PROJECT CATEGORY: City & Park Facility Improvements Facility LOCATION MAP A N y AGENCY: Public Works CITY OF SANTA ANA FY 24/25CIP CAPITAL IMPROVEMENT PROJECT WORKSHEET PROJECT DESCRIPTION: This project includes the removal and replacement of the existing nonfunctioning water fountain feature at the main entrance of the Santa Ana Regional Transportation Center. PROJECT NEED: I The existing fountain has many cracks, chipped tile, and does not work due to the fountain's hardware being broken and rundown. This project will help beautify the main entrance of the train station and improve the overall transit experience. I I PROJECT COSTS FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 Construction 637,250 - - - - - - TOTAL 637,250 - SOURCE OF FUNDS FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 GENERAL FUND 137,250 - - - - - - PWA - SARTC OPERATIONS 500,000 TOTAL 637,250 - - - DIVISION: Parks, Fleet & Facilities CONTACT: Mike Ortiz, Senior Civil Engineer DATE: I I -Jul-2024