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20A - AA - PARK SECURITY LIGHTS
REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 6, 2016 TITLE: AWARD CONTRACT TO FODDRILL CONSTRUCTION CORPORATION FOR INSTALLATION OF SECURITY LIGHTING AT EIGHT PARKS (PROJECT NO. 16 -2665) {STRATEGIC PLAN NOS. 6, 1C & 1G) S CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: _JO-T« ❑ As Recommended ❑ As Amended ❑ Ordinance on I" Reeding ❑ Ordinance an 2 "d Reading ❑ Implementing Resolution ® set Public Hearing For CONTINUED TO FILE NUMBER 1. Authorize the City Manager and the Clerk of the Council to award and execute a construction contract to Foddrill Construction Corporation, the lowest responsible bidder, in accordance with the base bid and Additive Alternates 1 and 2 in the amount of $720,499.33, for the term beginning upon execution of the contract and ending upon project completion, for installation of the Security Lighting at Eight Parks Project, subject to nonsubstantive changes approved by the City Manager and the City Attorney. 2. Approve an appropriation adjustment for Fiscal Year 16/17 to recognize $239,142.28 from prior year fund balance and appropriate $107,437.77 into the Residential Development District 2, $118,251.08 into the Residential Development District 3, and $13,453.43 into the Residential Development District 4 expenditure accounts. 3. Approve the Project Cost Analysis for a total estimated project delivery cost of $864,600, which includes the contract base bid and Additive Alternates 1 and 2, administration, inspection, testing, and a $72,050 contingency. DISCUSSION This project will enhance security lighting at the following park locations: Jack Fisher, Bomo Koral, Madison, Santa Anita, Santiago, Windsor, Lillie King, and Heritage parks (Exhibit 1). The improvements include new pole foundations, electrical conduit and wiring, vandal- resistant security light concrete poles, and energy efficient LED fixtures. A Notice Inviting Bids was advertised on July 12 and July 19, 2016, and bids were opened on August 3, 2016. The following tables summarize the bid invitations made and the bids received: 2OA -1 Award Contract for Security Lighting at Eight Parks September 6, 2016 Page 2 Contractor Participation Data Santa Ana contractors receiving notices 6 Contractors requesting bidding documents 12 Bids received 5 Bids received from Santa Ana contractors 0 Bid Results Summary RANK BIDDER'S NAME LOCATION BASE BID BASE BID + Alt. 1 & 2 1 FODDRILL CONSTRUCTION CORP. CHINO $523,764.19 $720,499.33 2 S & SON'S ELECTRICAL CONTRACTORS CORP. HESPERIA $534,534.00 $760,979.00 3 GREEN GIANT LANDSCAPE, INC. LA HABRA $593,620.00 $861,620.00 4 YAKAR COVINA $604,560.00 $888,560.00 5 CALIFORNIA PROFESSIONAL ENGINEERING, INC. LA PUENTE $756,028.00 $1,117,028.00 A total of five bids were received and all were considered responsive. Foddrill Construction Corporation submitted the lowest responsive base bid in the amount of $523,764.19. The base bid is to install lighting amenities at six parks. Due to the need to provide lighting amenities at two additional parks, staff recommends inclusion of Additive Alternates 1 and 2 in the amount of $196,735.14, which results in a total contract of $720,499.33 (Exhibit 2) for lighting at eight parks. Based on the bid analysis and a contractor's reference check, staff recommends proceeding with awarding the construction contract to Foddrill Construction Corporation (Exhibit 3). STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 - Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy 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 and Deferred Maintenance Plans - e.g., neighborhood streets, traffic improvements, park facilities, etc.). 20A -2 Award Contract for Security Lighting at Eight Parks September 6, 2016 Page 3 ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review ER 2016 -91 has been filed for this project. In addition, a Certification of Categorical Exclusion and Statutory Worksheet have been prepared in accordance with the National Environmental Policy Act. FISCAL IMPACT An appropriation adjustment to recognize prior year fund balances and appropriations to the respective accounts and fiscal year is shown below. Accounting Unit FY 16/17 Revenue District 2 -Acq. and Dev. -Prior Year Carry Forward -(No. 31213002- 50001) $107,437.77 District 3- Acq. and Dev. -Prior Year Carry Forward -(No. 31313002- 50001) $118,251.08 District 4 -Acq. and Dev. -Prior Year Carry Forward -(No. 31413002 - 50001) $ 13,453.43 Expenditure Residential Development District 2 (No. 31213260- 66220) $107,437.77 Residential Development District 3 (No. 31313260- 66220) $118,251.08 Residential Development District 4 (No. 31413260- 66220) $ 13,453.43 As indicated in the Cost Analysis (Exhibit 4), the estimated total delivery cost of the project is $864,600, which includes construction, contract administration, inspection, testing and contingencies. Funds are available for the contract award in the following accounts for FY 16/17: Parks Project Number Accounting Unit Total PRCSA Special Proj 05013018- 66220 Park Imp. Cell Tower 05113263- 66220 Res. Dev. Dist. 2 31213260- 66220 Res. Dev. Dist. 3 31313260- 66220 Res. Dev. Dist. 4 31413260 - 66220 Santiago 16 -2665 $47,962.00 $99,080.54 $147,042.54 Fisher 16 -2665 $64,962.00 $8,357.23 $73,319.23 Lillie King 16 -2665 $66,414.00 $90,424.80 $156,838.80 Bomo Koral 16 -2665 $149,962.00 $27,826.28 $177,788.28 Madison 16 -2665 $29,510.00 $66,036.74 $95,546.74 Windsor 16 -2665 $32,871.21 $23,433.95 $56,305.16 Santa Anita 16 -2665 $54,574.61 $13,453.43 $68,028.04 Heritage 16 -2665 $12,744.18 $76,987.03 $89,731.21 Total $459,000.00 $166,457.72 $107,437.77 $118,251.08 $13,453.43t $864,600.00 20A -3 Award Contract for Security Lighting at Eight Parks September 6, 2016 Page 4 red Mousavipour Executive Director Public Works Agency Gerar o Mouet Executive Director Parks, Recreation & Community Services Agency F M /EW G/TC /MO Exhibits: 1. Location Map 2. Bid 3. Construction Contract 4. Cost Analysis APPROVED AS TO FUNDS & ACCOUNTS: Frzinc sco Gutierrez Executive Director Finance & Management Services Agency 20A -4 LEGEND ® PROJECT LOCATION EXHIBIT 1 SANTA ANA CITY COUNCIL PROJECT 16 -2665: SECURITY LIGHTING ■ 7W A m_ AGENDA DATE AT EIGHT PARKS 20A -5 i PAGE 1 OF 1 20A -6 CITY PROPOSAL ANA EXHIBIT 2 PROJECT NO,: 16 -2665 SECURITY LIGHTING AT (8) PARKS 0In PR. POSAL 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 (i.f 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 I NEW SECURITY LIGHTING AT I W LS 556,729.76 $ JACK FISHER PARK 56,729.76 2 NEW SECURITY LIGHTING AT 1 LS $ BOMO KORAL PARK 43,787.30 143,787,30 3 NEW SECURITY LIGHTING AT 1 LS $ $ MADISON PARK 75,252.68 75,252.68 4 NEW SECURITY LIGHTING AT I � LS $ $ SANTA ANITA PARTS 52,320.43 52,320,43 5 NEW SECURITY LIGHTING AT 1 LS $ 118,165.85 $ 118,165.85 SANTIAGO PARK 6 NEW SECURITY LIGHTING AT 1 LS $ $ WINDSOR PARK 42,551.37 42,551.37 7 LIGHT POLE ASSEMBLY* 5* BA $ 4,291,36 $ 21,456.80 8 ADDIT'IONA'L WIRING* 300* LF $ $ 22.50 6,750.00 9 ADDITIONAL CONDUIT* 300* LF $ $ 22.50 6,750.00 i'OTA]L BASE DID $ 523,764.19 P -1 of P-16 20A -7 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16 -2665 SECURITY LIGHTING AT (8) PARKS i'OTAL BASE I3IIi I A 523,764.19 ADD ALTERNATE BID 1: Item Description Qty Unit Unit Price Amount 10 NEW SECURITY LIGHTING AT 1 LS $ $ TOTAL ADD ALTERNATE BID 2 LILLIE DING PARK 126,324.40 126,329.40 TOTAL ADD ALTERNATE BID 1 $ 126,329.40 ADD ALTERI�TATE BID 2: Item Description Qty _ Unit Unit Price Amount 11 NEW SECURI'T'Y LIGHTING AT HERITAGE PARK 1 LS $ 70,405.74 $ 70,405.74 TOTAL ADD ALTERNATE BID 2 $ 70,405.74 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 subjeet 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. TIME F @R 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 atnount, in lieu of the amount specified in Subsection 6 -9 of the Standard Specifications, shall be $500 per calendar day. Name of Firm Foddrill Signature of BIDDER Title President /CEO (If an individual, so state. If a firm or co- partnership, state the firm name and give the names of all 'individual co- partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof) P -2 ofP -16 20A -8 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16 -2665 SECURITY LIGHTING AT (8) .PARKS KNOW ALL PRESENT that, Foddrill Construction Corporation , as BIDDER, and Nationwide Mutual Insurance Company , as SURETY, are held and firmly bound unto the CITY OF SANTA ANA, as AGENCY, in the penal sum of Ten Percent of Bid Amount Dollars ($_19L6 of Bid Amount J, which is ton percent (10 %) of the total amount bid by BIDDER to AGENCY for the above- stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to AGENCY for the above- stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seal this 3rd. da y of August 20 10. (( Foddrill Construction Corporation yriJ BIDDER* P.O. Box 826 n M_ 0_ 4c�uw Nationwide Mutual Insurance Company SURETY* P.O. Box 1820 909 -703 -9396 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 -7 of P -16 1 20A -9 KNOW ALL MEN BY THESE PRESENTS TFIAT: Nationwide Mutual Insurance Company, an Ohio corporation Farmland Mutual Insurance Company, an Iowa corporation Nationwide Agribusiness Insurance Company, an Iowa corporation Power of Attorney AMCO Insurance Company, an Iowa corporation Allied Property and Casualty Insurance Company, an Iowa corporation Depositors Insurance Company, an Iowa corporation hereinafter referred to severally as the "Company" and collectively as the "Companies," each does hereby make, constitute and appoint: GABRIEL G. HILL CHINO HILLS CA each in their Individual capacity, its true and lawful attorney -in -fact, with full power and authority to sign, seal, and execute on its behalf any and all bonds and undertakings, and other obligatory Instruments of similar nature, in penalties not exceeding the sum of ONE MILLION AND NO/100 DOLLARS S 1,000,000.00 and to bind the Company thereby, as fully and to the same extent as if such Instruments were signed by the duly authorized officers of the Company; and all acts of said Attorney pursuant to the authority given are hereby ratified and confirmed. This power of attorney Is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company: "RESOLVED, that the president, or any vice president be, and each hereby Is, authorized and empowered to appoint attorneys -In -fact of the Company, and to authorize them to execute and deliver on behalf of the Company any and all bonds, forms, applications, memorandums, undertakings, recognizances, transfers, contracts of Indemnity, policies, contracts guaranteeing the fidelity of persons holding positions of public or private trust, and other writings obligatory in nature thatthe business of the Company may require; and to modify or revoke, with or without cause, any such appointment or authority; provided, however, that the authority granted hereby shall In no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company." - RESOLVED FURTHER, that such attorneys -in -tact shall have full power and authorltyto execute and deliver any and all such documents and to bind the Company subjectto the terms and limitations of the power of attorney Issued to them, and to affix the seal of the Company thereto; provided, however, that said seal shall notbe necessary for the validity of any such documents." This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company. Exgcution of Instruments. Any vice president, any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved documents, instruments, contracts, or other papers in connection with the operation of the business of the company In addition to the chairman of the board, the chief executive officer, president, treasurer or secretary; provided, however, the signature of any of them may be printed, engraved, or stamped on any approved document,. contract, Instrument, or other papers of the Company. IN WITNESS WHEREOF, the Company has caused this instrument to be sealed and duly attested by the signature of its officer the 13' day of February , 2014. Terrance Wllilams, President and Chief Operating Otficer of Nationwide Agribusiness Insurance Company /.` Ts� { and Farmland Mutual Insurance Company; and Vice President of Nationwide Mutual Insurance Company, { *;SEAL: * / / ,.t liSEA ./ AMCO Insurance Company, Allied Property and Casualty Insurance Company, and Depositors Insurance .. A,&"O , A j41m:01 "Y Company Y v ACKNOWLEDGMENT ,o {♦ . • ?! STATE OF IOWA, COUNTY OF POLK: ss On this l3" day of February 2014, before me came the above -named officer for the Companies aforesaid, to {$,* SEAL OfSEl U1 me personally known to be the officer described In and who executed the preceding Instrument, and he '+ g {,;. ;:;� acknowledged the execution of the same, and being by me duly sworn, deposes and says, that he is the officer ®dam of the Companies aforesaid, thatthe seals affixed hereto are the corporate seals of said Companies, and the said corporate seals and his signature were duly affixed and subscribed to said instrument by the authority and direction of said Companies, Snu s-'lirz / /x��-!h R Nn' n Rrnl -Town O SEAL A LJr'n L%' Cnnmrissioh Nomhor 152785 * •/ / Notary Publiq AV { *`- */ MP Commission ExOiram Mereh ,24,2017 M Commission Expires cAirolliiil i ,`4YiMa8i�d+�� Y p `M'r►`�"' titer` CERTIFICATE March 24, 2017 I, Robert W Horner III, Secretary of the Companies, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney Issued by the Company; that the resolution Included therein is a true and eorrecttranscriptfrom the minutes of the meetings of the boards of directors and the same has not been revoked or amended In any manner; that said Terrance Williams was on the date of the execution of the foregoing power of attorney the duly elected officer of the Companies, and the corporate seals and his signature as officer were duly affixed and subscribed to the said Instrument by the authority of said board of directors; and the foregoing power of attorney Is still in full force and effect. �'��.- IN W ITNESS W HEREOF, I have hereunto subscribed my name as Secretary, and affixed the corporate seals of said Companies this -+D—day of 20 Secretary This Power of Attorney Expires 02/04/17 BDJ 1(03 -14) 00 29033 20A -10 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL -(DE; § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate Is attached, and not the truthfulness, accuracy, or validity of that document. State of Calf9tpia ) County of On Jii E2 r before me, _ Date personally appeared Here Insert Name and Title of the Officer Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person�K whose nameK is/aw subscribed to the within instrument and acknowledged to me that he /eftF}3y executed the same In his /I rltpeir authorized capacity(ifrs), and that by his /her {th{eir signature on the instrument the personA, or the entity upon behalf of which the persoro) acted, executed the instrument. f/ I certify under PENALTY OF PERJURY under the laws of the State of California that the,foregoing paragraph is true and correct. i WITNESS my f and a d offici X. +'' , LUIS MARTINEZ �p +�,-° CoMx,A 21x9761 y+ ; -�, �8 NOTARY PUBLIC-CALIFORNIA Los L ANGELES CONXiY Signature Los A GEL PEa, 6. 79tU i° \81ornatitke of Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signors) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General CI Individual I1 Attorney in Fact ❑ Trustee LJ Guardian or Conservator D. Other: Signer is Representing: Signer's Name: CI Corporate Officer — Title(s): 1.1 Partner — Ll Limited CI General Individual 1.7 Attorney in Fact Cl Trustee I7 Guardian or Conservator Other: Signer Is Representing: _ ©2014 National Notary Association " www.NationaiNotary.org • 1- 800 -US NOTARY (1 -800- 876 -6827) Item #5907 20A -11 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16 -2665 SECURITY LIGHTING AT (8) PARKS 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 Cleric of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by [lie Public Works Agency Executive Director or his /her duly authorized agent, and signed by the City Attorney, denoting his approval of the farm 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 ftirther 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 tell (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 finds, check, drabs, 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 Bh Title CEO /President (If an individual, so state. If a firm or co- partnership, state the firm name and give the names of all individual co- partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) P -3 of P -16 20A -12 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16 -2665 SECURITY LIGHTING AT (8) 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 97108 -0826 Business E -Mail Address: leonora pfoddrilleonstruction.com Telephone: (909) 591 -4095 State Contractor's License No. and Class: License Expiration Date: 05/31/2018 946999, Class A and C -10 State Dept. of Industrial Relations (DIR) Registration No.: 1000025525 State Dept. of Industrial Relations (DIR) Registration Ex �tion Date: �i- .�.,.� 17 Signed: q 4!" Title: CEO /President P -4 ofP -16 20A -13 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16 -2665 SECURITY LIGHTING AT (8) 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. Contractor shall defend, indemnify and field 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 1311 Title CEO /President (if an individual, so state) P -5 of P -16 20A -14 CITY OF SANTA ANA PROPOSAL, PROJECT NO,: 16 -2665 SECURITY LIGHTING AT (8) PARKS OWNERSHIP AFFIDAVIT STATE OF CALIFORNIA > KeF-a� I SS: SANTA ) �CITY v�ANA �jOyF being duty swear, deposes and says: ©INDIVIDUAL That he/she is the patty mating the foregoing proposal: ❑ PARTNERSFHP That he/she is a member of the co- partnership firm designated as: and who has been acid 7 duly vested with the authority to make and execute instruments for Cite co- partnership by: who constitute the then members of the co- partnership. CORPORATION `5k"Qk Thathuis of: / v .M ..� °' et.Cllz�r_..�. -Q } t, .6'n.�t, ,n,.� v..�t?t.•(� L.a 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 duty 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 coltusive or sham, and has not in any planner sought by collusion to secure any advantage against the City of Santa Ana or any person interested in the pro7=51- _.. for himself or any other person. Signature of Bidder Subscribed and sworn to before me this ai. r d- day of 20 Signature of office/ Ad' mini Iering Oath (Notary Public) VIRGINIA PINK Commission M 2139014 & -r' Notary Public • California a z San Bernardino County MX Comm. Ex Tres Jan 2, 2020 P -6 of P -16 20A -15 CITY OF SAN'T'A ANA PROPOSAL PROJECT NO.: 16 -2665 SECURITY LIGHTING AT (8) 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: • Streets, highways including bridge projects: %% of the bid or $10,000, whichever is greater • Buildings, parks, or other projects: '/2% of the bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIR). BIDDER proposes to subcontract certain portions of the work to the firms listed below: Name N/A License # /Exp. N/A DIR Reg. # /Exp. N/A Location Phone is // Type Of Work N/A _ Amount $ N/A Name N/A License #/Exp. WNIA DIR Reg. #/Exp. N/A License # N/A Location N/A Phone N/A Type Of Work N/A Amount $ N/A Name License # /Exp. N/A DIR Reg. #/Exp. License # N/A Location N!A Phone N/A Type Of Work N/A Amount $ N/A c, Signature of Bidder Name NIA License # /Exp. N/AW DIR Reg. #/Exp. N/A Location NIA Phone Type Of Work N/A Amount $ N/A Name N/A License # /Exp. N/A DIR Reg. # /Exp. N/A License # N/A Location N/A Phone N/A Type Of Work N/A Amount $ NIA Name N/A License # /Exp. N/A DIR Reg # /Exp. N/A License # N/A Location N/A Phone N/A Type Of Work N/A Amount $ N/A _ P -8 of P -16 20A -16 CITY OF SANTA AIWA PROPOSAL PROJECT NO.: 16 -2665 SECURITY LIGHTING AT (8) 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, City of Brea, 1 Civic Center Circle, Brea, CA 92821 Name and Address of Owner. Bill Bowlus, Public Works, (714) 990 -7694 Name and Telephone Number of person familiar with project, $35,000,00 Axoviscasarkwaws rsecurityLightsxeplace tnent In Progress Contract Amount Type of Work Date Completed 2. Oak Creek Golf Club, One Golf Club Drive, Irvine, CA 92618 Name and Address of owner. Rob Tanaka, (949) 393 -4200 Name and Telephone Number of person familiar with project. $9&,212 Install new light poles& fixtures for driving range March 2016 Contract Amount Type of Work Date Completed 3. City of Santa MonicaVolleyball Courts, 1685 Main St., Santa Monica, CA 90401 Name and Address of owner. iName ana relepnone iNun $10,000 Contract Amount (conduit and wiring) Type of Work February 2016 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 & Suret 91709 Lic. 0167797 (909)203 -7979 Gabriel Bill, 4195 Chino Hills Pkwy. #403 Chino Hills, Ca, P -9 ofP -16 20A -17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16.2665 SECURITY LIGHTING AT (8) 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 improvement work in the past 5 years. 1. AMERON /NOV, 523 S. Magnolia, Ontario, CA 91762 Name and Address of Owner. Terry Delaney (8D5) 207 -4616 Name and Telephone Number of person familiar with project. $4,500,000.00 Remove and Replace Street Light in Souther California Continuous Contract Amount Type of Work Date Completed 2. Doheny State Beach, 25300, Dana Point, CA 92629 Name and Address of owner. Robert Schofield (949) 496 -9709 Name and Telephone Number of person familiar with project. $12,900.00 Install LED Lights Continuous Contract Amount Type of Work Date Completed 3. USC- Knva Kappa Gamrna 929 W 28th St, Los Angeles, CA 90007 _ Name and Address of owner. Name and Telephone Number of person familiar with project. Remove poles and fixtures, Replace with new poles, $9,8000.00 foundations and LED lights Tan iin ru, ?.ni r, 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, Insurance & Surety Services, LLC, Agent Gabriel Hill, 4195 Chino Hills Plcwy. #403 Chino Hills, Ca. 91709 P -10 of P-16 20A -18 CITY OF SAN'T'A ANA PROPOSAL PROJECT NO.: 16 -2665 SECURITY LIGHTING AT (8) PARKS NON - COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to 'fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are hue; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non - collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non- collusion Affidavit, ,BIDDERS are cautioned that malting a false certification may subject the certifier to briminal prosecution. Signed State of California County of � Le n r� ubscribed , d sworn to (or affirmed) before evfto I.tp-t dn4U, proved to me on P rson(s) who appeared before the Notary Public Signature/ Commission # 2135o1 Notary Public - Calltornl San Bernardino County Notary Public Seal P -1I of P -16 20A -19 20( by o be the CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16 -2665 SECURITY LIGHTING AT (8) 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 hnchide, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments tinder 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 1,1246 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 title, regulations, or order of the Secretary of Labor, or as otherwise provided by law. P -12 ofP -16 20A -20 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16 -2665 SECURITY LIGHTING AT (8) PARIS The Contractor shall include the portion of the sentence immediately preceding paragraph (t) 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 Stars. 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 o 't Chapter�.i Signed: Q,Uws r t� Title: CEO /President Firm: Foddrih Construction Coloration Date: August 03, 2016 P -13 ofP -16 20A -21 CITY OF SANTA ANA PROPOSAL. PROJECT NO.: 16 -2665 SECURITY LIGHTING AT (8) 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 shalt: L 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 oother contractors, except contractors not signatory to the trust agreement shall pay a like am'�nt� y.� to th��fornia) pprenticesla� Council. Signed: Title: CEO /President Firm: Foddritl Construction Corporation Date: August 03 2016 P -14 of P -16 20A -22 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16 -2665 SECURITY LIGHTING AT (8) PARKS STATEMENT REGARDING "ANTI- KICKBACK" REOUIR.EMENTS 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 C'FR, 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: Q W- 011`_. -C � Title: CEO /President Firm: Foddrill Construction Corporation Date: August 03, 2016 P -15 of P -16 20A -23 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16 -2665 SECURITY LIGHTING AT (8) PARKS PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE 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. P -16 of P-16 20A -24 MAYOR Miguel A. Pulido MAYOR PRO TEM Vincente Sarmiento COUNCILMEMBERS Angelica Amezcua P. David Benavides Michele Martinez Roman Rayne Sal Tinajero July 27, 2016 ADDENDUM No. ONE .: , 'l ti M1 li CITY OF SANTA ANA PUBLIC WORKS AGENCY M -36 P.O. Box 1988 Santa Ana, California 92702 SUBJECT: PROJECT No. 16.2665: SECURITY LIGHTING AT EIGHT PARKS CITY MANAGER David Cavazos CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL. Marla D. Holzer The following changes have been made to the plans and specifications of the subject project: S ecifications 1. Page iv, "NOTICE INVITING BIDS ": Revise seventh paragraph to read as follows: "Prior to bid opening, Bidders must possess or obtain a valid California Class "A" "B" or "C- 10" Contractor's license." 2. Page P -1 and P -2: Replace Sheets P -1 and P -2 with new sheets P -1 and P -2, per the attached; 3. SECTION 9.00 SPECIAL PROVISIONS — ELECTRICAL SYSTEM, Subsection 9.13 Materials; D. Pull Boxes: Replace entire paragraph with the following new paragraph: Pull boxes shall be Dura Plastic Products, Inc., Dry Box Part #125 -DB -2 with 12D5 skirt. Covers shall be cast plastic; bolted down with tamperproof screws, and marked "Electrical ". 4. APPENDIX A: Replace existing Appendix A with new Appendix A, per the attached. All other terms and conditions remain the same. FOR THE CITY OF §ANIAANA Edwin "William" Gal ez City Engineer Public Works Agency Signed: Title: CEO /President Firm: Foddrill Construction Corporation Date: August 03, 2016 20A -25 CITY OF SANTA ANA PROPOSAL PROJECT NO,: 16-2665 SECURITY LIGHTING AT (8) PARKS 00110111M IM0 Foddrill Construction Corporation does not receive Federal Aid. Signed: Title: CEO/President Firm: Foddrill Construction Corporation Date: August 03, 2016 20A-26 EST 1999 I 1 China, CA 91708 -0826 SANTA ANA CITY OF SANTA ANA MM PWA PUBLIC WORKS AGENCY 20 CIVIC CENTER PLAZA palc Wu Amcy SANTA ANA, CA. 92701 CONTRACT DOCUMENTS PROJECT NO. 16 -2665 SECURITY LIGHTING AT S PARKS 20A -27 20A -28 Exhibit 3 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT NO. 16 -2665 SECURITY LIGHTING AT EIGHT PARKS This CONSTRUCTION CONTRACT is made and entered into this 6`h day of September, 2016, 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 referred to as "CITY" and Foddrill Construction Corp., hereinafter referred to as "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 Security Lighting at Eight 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 • 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. CITY agrees to pay and CONTRACTOR agrees to accept in fall payment to complete the Work of Improvement the sum total amount not to exceed $720,499.33 — Seven Hundred Twenty Thousand Four Hundred Ninety-nine Dollars and Thirty -three cents, as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A." Page 1 of 20A -29 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT NO. 16 -2665 SECURITY LIGHTING AT EIGHT PARKS 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. 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 constriction 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. 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. 7. 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 $500,000, the Warranty Bond amount shall be the greater of $10,000 or 20% of the final contract price. For projects above $500,000, the Warranty Bond amount shall be the greater of $100,000 or 10% of the final contract price. 8. 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. Page 2 of 3 20A -30 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT NO. 16 -2665 SECURITY LIGHTING AT EIGHT PARKS IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney _____ Assistant City Attorney CITY OF SANTA ANA: DAVID CAVAZOS City Manager RECOMMENDED FOR APPROVAL: Fred Mousavipour Executive Director, Public Works Agency CONTRACTOR: in Page 3 of 3 20A -31 20A -32 COST ANALYSIS CONSTRUCTION OF THE PROJECT NO. 16 -2665: Security Lighting at Eight Parks Construction Contract $ 720,499.33 Contract Administration $ 29,236.00 Inspection and Testing $ 42,814.67 Contingencies $ 72,050.00 TOTAL ESTIMATED CONSTRUCTION COSTS $ 864,600.00 EXHIBIT 4 20A -33 20A -34