HomeMy WebLinkAboutItem 19 - Project W-Bus ShelterPublic Works Agency
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Item # 19
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
July 18, 2023
TOPIC: Project W-Bus Shelter
AGENDA TITLE
Approve an Appropriation Adjustment and Award a Construction Contract to M.S.
Construction Management Group in the Amount of $428,420 for the Project W-Bus
Shelter, with an Estimated Project Delivery Cost of $535,525 (Project No. 22-6999)
(General Fund)
RECOMMENDED ACTION
1. Approve an amendment to the FY 2023-24 Capital Improvement Program to include
$282,053 in construction funds for the Project W-Bus Shelter (Project No. 22-6999).
2. Approve an appropriation adjustment recognizing $114,000 in FY 2023-24 in
Senate Bill 1, Solutions for Congested Corridors Program (SCCP) grant funds in the
Selected Street Construction, State Grants -Indirect revenue account, and
appropriate the same amount to Select Street Construction, Improvements Other
Than Building expense account. (Requires five affirmative votes)
3. Award a construction contract to M.S. Construction Management Group, the lowest
responsible bidder, in accordance with the base bid in the amount of $428,420,
subject to change orders (not -to -exceed 25% of the base bid) in accordance with
the Greenbook: Standard Specifications for Public Works Construction, for the
construction of the Project W-Bus Shelter, for a term beginning July 18, 2023, and
ending upon project completion, and authorize the City Manager to execute the
contract subject to non -substantive changes approved by the City Manager and the
City Attorney.
4. Approve the Project Cost Analysis for a total estimated construction delivery cost of
$535,525, which includes $428,420 for the construction contract, $42,842 for
contract administration, inspection, and testing, and a $64,263 project contingency
for unanticipated or unforeseen work.
5. Determine the recommended actions are exempt from further review in accordance
with the California Environmental Quality Act as Categorical Exemption
Environmental Review No. ER-2021-182 was filed for the project.
Award Construction Contract with M.S. Construction Management Group
July 18, 2023
Page 2
DISCUSSION
The City has identified the need to undertake the installation of new bus shelters
throughout all Santa Ana Neighborhoods (Exhibit 1). The scope of work includes
excavation, grading, removal, and replacement of Portland cement concrete, and
installation of new bus shelters. After completion, the newly installed bus shelters will
provide protection from various weather conditions for citizens as they wait for the bus
at any bus stop location throughout Santa Ana.
Public Outreach and Contractor Participation
To provide an opportunity for local vendors to submit bids, the City notified a total of 900
regional vendors via PlanetBids, many of which are Santa Ana based. Five vendors
requested bidding documents and a total of two bids were received. Bids were not
received from any Santa Ana contractors. As legally required, a Notice Inviting Bids was
advertised in the Orange County Register newspaper on April 21, 2023 and April 28,
2023. The project was also advertised in PlanetBids from April 21, 2023 through May
107 2023. Bids were received electronically via PlanetBids on May 10, 2023.
Bid Results Summary
Rank
Bidder's Name
Location
Base Bid
1
M.S. Construction Management Group
Dana Point, CA
$428,420
2
ND Construction Co., Inc.
Long Beach, CA
$523, 183
A total of two bids were received, and both were deemed responsive. M.S.
Construction Management Group submitted the lowest responsive base bid in the
amount of $428,420 (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
M.S. Construction Management Group, in the amount of the base bid totaling $428,420
(Exhibit 3).
M.S. Construction Management Group has not performed as a prime contractor in the
City of Santa Ana within the past five years. A reference check was made and good
reviews were from other public agencies regarding the quality of work performed by
M.S. Construction Management Group.
Project Delivery
To deliver a complete project, in addition to the construction contract bid amount, the
estimated total project delivery cost includes construction administration, inspection,
and testing, as well as an allowance for contingencies to account for unexpected or
unforeseen conditions. Construction administration and inspection includes construction
Award Construction Contract with M.S. Construction Management Group
July 18, 2023
Page 3
management, 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 $535,525.
Project Item
Total
Construction Contract Bid Amount
$4281420
Construction Administration, Inspection, Testing
1$42,842
Contract Contingencies
$64,263
TOTAL ESTIMATED CONSTRUCTION DELIVERY COST
$5351525
Approval of this item will amend the FY 2023/24 Capital Improvement Program (CIP) to
include the Project W-Bus Shelter (Exhibit 5).
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the recommended actions
are exempt from further review. Categorical Exemption Environmental Review No. ER-
2021-82 was filed for the project.
FISCAL IMPACT
Project No. 22-6999 is the number assigned to the funding for tracking of all
expenditures to deliver the construction of this project. As indicated in the Cost Analysis,
the total construction delivery cost of the project is $535,525 which includes
construction, contract administration, inspection, testing, and contingency. During
construction, if necessary, funds may be reallocated between construction
administration, inspection, testing, and/or contingencies.
The proposed contract enables staff to authorize change orders (not -to -exceed 25% of
the base bid) in accordance with Greenbook: Standard Specifications for Public Works
Construction, 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 no other available appropriations, then staff will return to City
Council with a project update and recommendations.
The following table summarizes the funds budgeted and available in current FY 2023-24
for expenditure to deliver construction of this project. Existing funding will be available in
the FY 2023-24 budget through the Carry Forward (CF) process. The additional budget
is available in FY 2023-24 approved budget and will be assigned to the project upon
approval of the amendment to the FY 2023-24 CIP. Any unspent budget in FY24 will be
included in future year CF for City Council consideration.
Award Construction Contract with M.S. Construction Management Group
July 18, 2023
Page 4
Fiscal
Accounting Unit
Fund
Accounting Unit -
Year
_Account No.
Description
Account No.
Amount
project No.)
Description
Existing Budget (Excluding Design Engineering)
Measure M-
Measure M2
2023-24
03217663-66220
Street
Competitive Street,
$2531472
(CF)
(22-6999)
Construction
Improvements Other
Than Buildings
Additional Budget
01117622-66220
PWA Right -of -Way,
2023-24
(22-6999)
General Fund
Improvements Other
$1685053
Than Building
Appropriation Adjustment
Select Street
2023-24
05917660-66220
Select Street
Construction,
$1141000
(22-6999)
Construction
Improvements Other
Than Buildings
Additional Budget/Appropriation Adjustment Total
$282,053
Complete Total
T$535,525
EXHIBITS)
1. Location Map
2. Bid Proposal
3. Construction Contract
4. Cost Analysis
5. CIP Project Sheet
Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency
Approved By: Kristine Ridge, City Manager
Exhibit 1
CITY OF SANTA ANA
PROPOSAL
PROJECT NO.: 22-6999
PROJECT W —BUS SHELTER
BID PROPOSAL
TO: CITY COUNCIL OF THE CITY OF SANTA ANA
FROM: M.S. Construction Management Group
REQUIREMENT:
Exhibit 2
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 surn(s) set forth in the
following schedule:
Item
Description TQty
31
Unit
EA
Unit Price
$ 3500
Amount
$ 108 500
1 .
Install Transit Advertising Shelter
(Furnished by City of Santa Ana
'
Vendor)
2
Install Transit Non -Advertising
17
EA
$ 3500
$ 59 500
Shelter
'
(Furnished by City of Santa Ana
Vendor)
3
Install Solar Power for Transit
31
EA
$ 400
$ 12 400
'
Advertising Shelter (Furnished by
Ci of Santa Ana Vendor)
4
Install Solar Power for Transit Non-
17
EA
$ 400
$ 6 800
'
Advertising Shelter (Furnished by
City of Santa Ana Vendor)
EA
_
300
$ 17,400
'
5
Install Steel Bench (Furnished by
58
City of Santa Ana Vendor)
$ 20' 100
6
Install 32 Gallon Trash Receptacle
67
EA $ 300
(Furnished by City of Santa Ana
Vendor)
7
PCC Sidewalk (T=6")*
6,000
SF
= $ 21
$ 126,000
$ 600
8
Adjust Water Meter to Finished
1
EA
$
600
Grade
9
Furnish and install New #6 Pullbox
3
EA
$ 550
$ 1,650
10
Construction Permit
I
LS
$6,130
$6,130
I I
Master Padlock
67
EA
$20
$1,340
12
Removal of Existing Bus Shelter,
34
EA
Bench, and Trash Receptacle at bus
$2,000 $68,000
Stop locations
P-1 of P-16
CITY OF SANTA ANA Exhibit 2
PROPOSAL
PROJECT NO.: 22-6999
PROJECT W —BUS SHELTER
TOTAL BASE BID 1 $ 4283420.00
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
amount for this item will be dictated by the actual quantity used, and the Agency reserves the
right to increase or decrease the quantity of this item accordingly.
j' This bid item is considered a Specialty Item per Section 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 f8O) working days after the commencement date stated in the
Notice to Proceed.
The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the
Standard Specifications, shall be $1,500 per calenar day.
Name of Firm M.S. Construction ManWemer�(Group
Signature of BIDDER
Title President /I
(If an individual, so state. If a firm or co-partnershtV 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 of P-16
EXHIBIT 3
CITY OF SANTA ANA
CONSTRUCTION CONTRACT
PROJECT 22-6999
PROJECT W-BUS SHELTER
This CONSTRUCTION CONTRACT is made and entered into this 18th day of July, 2023 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 M.S. Construction
Management Group (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 Project W Bus Shelter (hereinafter referred to as the "WORK
OF IMPROVEMENT") identified in and in accordance with the Contract Documents prepared by the
City's Public Works Agency and approved by the City Council.
2. The complete Construction Contract consists of the "Contract Documents" as defined by the Standard
Specifications for Public Works Construction and which include the following:
• Notice Inviting Bids
• Information to Bidders
• Bid Proposal
• Bid Bond
• Contract Form
• Contract Bonds
• General Provisions
• Special Provisions
• Technical Provisions and Project Plans
• Community Workforce Agreement
• Appendices
In case of conflict between the Contract Documents, the precedence of documents shall be as
established in the Standard Specifications for Public Works Construction.
3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the WORK OF
IMPROVEMENT the sum total amount not to exceed Four Hundred Twenty -Eight Thousand Four
Hundred Twenty Dollars and No Cents ($428,420.00), 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 maybe deemed necessary or advisable.
rev. 09/01/2017 Page 1 of 3
4. CONTRACTOR agrees to complete the WORK OF IMPROVEMENT within the time specified in
the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit "A") including
commencing construction within the timeframe therein specified after issuance of a Notice to Proceed.
5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the WORK
OF IMPROVEMENT a salary or wage at least equal to the prevailing salary or wage established for
such work as set forth in the wage determinations for this work in accordance with applicable State
and Federal law.
6. If applicable, the CONTRACTOR shall adhere to the CITY' S Community Workforce Agreement
(CWA), a pre -hire collective bargaining agreement, which establishes the labor relations policies and
procedures for CONTRACTOR to follow in the crafts persons employed to complete the WORK OF
IMPROVEMENT as more fully described in the CWA. The CWA may be found on the City's website
at: 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
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 "Indemnitees"),
through legal counsel acceptable 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:
(1) 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;
Page 2 of 3
�( ii The construction activities of CONTRACTOR or its Subcontractors of any lower tier, either
on the project site or on other properties,,
(1v) 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 inctuded in all
subcontract doUlments issued by CONTRACTOR.
Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity ill
favor of CON'I-R.AcrOR 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
00
JOSS MONTOYA
Assistant City Attorney
RECOMMENDED FORAPPROVAL:
NABIL BABA, PE
Executive Director
Public Works Agency
CITY OF SA TA ANA
KRISTINE RIDGE
City Manager
CONTRACTOR:
M.S. Construction Mp`ag'ement Group
/Z --, ' 4
NAME: Mike S of
TITLE: Preside
Page 3 of 3
CITY OF SANTA ANA
PROPOSAL
PROJECT NO.: 22-6999
PROJECT W —BUS SHELTER
BID PROPOSAL
TO: CITY COUNCIL OF THE CITY OF SANTA ANA
FROM: M.S. Construction Management Group
REQUIREMENT:
Exhibit A
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 surn(s) set forth in the
following schedule:
Item
Description TQty
31
Unit
EA
Unit Price
$ 3500
Amount
$ 108 500
1 .
Install Transit Advertising Shelter
(Furnished by City of Santa Ana
'
Vendor)
2
Install Transit Non -Advertising
17
EA
$ 3500
$ 59 500
Shelter
'
(Furnished by City of Santa Ana
Vendor)
3
Install Solar Power for Transit
31
EA
$ 400
$ 12 400
'
Advertising Shelter (Furnished by
Ci of Santa Ana Vendor)
4
Install Solar Power for Transit Non-
17
EA
$ 400
$ 6 800
'
Advertising Shelter (Furnished by
City of Santa Ana Vendor)
EA
_
300
$ 17,400
'
5
Install Steel Bench (Furnished by
58
City of Santa Ana Vendor)
$ 20' 100
6
Install 32 Gallon Trash Receptacle
67
EA $ 300
(Furnished by City of Santa Ana
Vendor)
7
PCC Sidewalk (T=6")*
6,000
SF
= $ 21
$ 126,000
$ 600
8
Adjust Water Meter to Finished
1
EA
$
600
Grade
9
Furnish and install New #6 Pullbox
3
EA
$ 550
$ 1,650
10
Construction Permit
I
LS
$6,130
$6,130
I I
Master Padlock
67
EA
$20
$1,340
12
Removal of Existing Bus Shelter,
34
EA
Bench, and Trash Receptacle at bus
$2,000 $68,000
Stop locations
P-1 of P-16
CITY OF SANTA ANA Exhibit A
PROPOSAL
PROJECT NO.: 22-6999
PROJECT W —BUS SHELTER
TOTAL BASE BID 1 $ 4283420.00
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
amount for this item will be dictated by the actual quantity used, and the Agency reserves the
right to increase or decrease the quantity of this item accordingly.
j' This bid item is considered a Specialty Item per Section 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 f8O) working days after the commencement date stated in the
Notice to Proceed.
The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the
Standard Specifications, shall be $1,500 per calenar day.
Name of Firm M.S. Construction ManWemer�(Group
Signature of BIDDER
Title President /I
(If an individual, so state. If a firm or co-partnershtV 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 of P-16
EXHIBIT 4
COST ANALYSIS
CONSTRUCTION OF PROJECT NO. 22-6999: Project W- Bus Shelter
Construction Contract
$
4287420.00
Contract Administration, Inspection and Testing
$
427842.00
Contingencies
$
647263.00
TOTAL ESTIMATED CONSTRUCTION COSTS
$
5357525.00
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