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HomeMy WebLinkAboutItem 13 - Kennedy Elementary and Villa Fundamental Intermediate Safe Route to School (SRTS)Public Works Agency www.santa-ana.org/public-works Item # 13 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report April 18, 2023 TOPIC: Kennedy Elementary and Villa Fundamental Intermediate Safe Route to School (SRTS) AGENDA TITLE Award a Construction Contract to Diamond Construction & Design in the Amount of $1,374,150 for the Kennedy Elementary and Villa Fundamental Intermediate Safe Route to School (SRTS) Project With an Estimated Project Delivery Cost of $1,659,049 (Project No. 20-6963, ATPSB1 L-5063(199) (Non -General & General Fund) RECOMMENDED ACTION 1. Approve an amendment to the Fiscal Year 2022-23 Capital Improvement Program to include $130,000 of funding in General Fund for the Kennedy Elementary and Villa Fundamental Intermediate SRTS. 2. Authorize the reallocation of unspent Measure M2 Local Fairshare funds from various projects; $128,316 from Bike Lane Project Development, $84,733 from Traffic Safety Project Development, and $25,000 from the Jackson Elementary Improvements Project, for a total of $238,047 to the Kennedy Elementary and Villa Fundamental Intermediate SRTS Project to complete the project's funding requirement. 3. Award a construction contract to Diamond Construction & Design, the lowest responsible bidder, in accordance with the base bid in the amount of $1,374,150, for construction of the Kennedy Elementary and Villa Fundamental Intermediate SRTS Project, for the term beginning April 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 $1,659,049, which includes $1,374,150 for the construction contract, $147,484 for contract administration, inspection, and testing; and a $137,415 project contingency for unanticipated or unforeseen work. Construction Contract for Kennedy Elementary and Villa Fundamental Intermediate S RTS April 18, 2023 Page 2 5. Determine that the recommended actions are exempt from further review in accordance with the California Environmental Quality Act as Categorical Exemption Environmental Review No. ER-2020-96 was filed for Project 20-6963. DISCUSSION Kennedy Elementary and Villa Fundamental Intermediate SRTS project will make improvements for pedestrians and bicyclists traveling in the vicinity of Kennedy Elementary and Villa Fundamental Intermediate Schools (Exhibit 1). The project will take place in the vicinity of the two schools, with improvements at intersections and a striped bike path along Chestnut Avenue from Grand Avenue to Elk Street. The purpose of the project is to increase safety and convenience for pedestrians and bicyclists that utilize this corridor, primarily students. The scope of work includes reconstruction and installation of driveways, missing sidewalks, sidewalk repairs, curb and gutters, cross gutters, curb ramps, slurry seal, cold mill, AC pavement, signing and striping, and traffic signal modifications. Public Outreach and Contractor Participation To provide an opportunity for local vendors to submit bids, the City notified a total of 52 regional vendors via PlanetBids, many of which are Santa Ana based. A total of four bids were received. No bids were received from any Santa Ana contractors. As legally required, a Notice Inviting Bids was advertised in the Orange County Register newspaper on February 17 and 22, 2023. The project was also advertised in PlanetBids from February 14 through March 2, 2023. Bids were received electronically via PlanetBids on March 2, 2023. Bid Results Summ RANK BIDDER'S NAME LOCATION BASE BID 1 Diamond Construction & Design La Habra, CA $ 1,374,150 2 Palp, Inc. DBA Excel Paving Company Long Beach, CA $1,922,165 3 Hardy & Harper, Inc. Lake Forest, CA $2,140,000 4 EBS General Engineering, Inc. Corona, CA $2,229,770 A total of four bids were received and all were deemed responsive. Diamond Construction & Design submitted the lowest responsive base bid in the amount of $1,374,150 (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 Construction Contract for Kennedy Elementary and Villa Fundamental Intermediate S RTS April 18, 2023 Page 3 reference check, staff recommends awarding the construction contract to Diamond Construction & Design for the base bid totaling $1,374,150 (Exhibit 3). Diamond Construction and Design has successfully completed a recent project for the City of Santa Ana. The most recent project was the Residential Street Repair Program, Project 22-7533. The type of improvements included in their previous project is similar to the required scope of the Kennedy Elementary and Villa Fundamental Intermediate SRTS. In addition, the construction inspector and project manager were satisfied with the quality of previous work performed for the City. Project Delivery To deliver a complete project, in addition to the construction contract, the estimated total project delivery cost includes construction administration, inspection, and testing, along with an allowance for contingencies to account for unexpected or unforeseen conditions. Construction administration and inspection includes construction management; implementation of the labor requirements; inspection of the Contractor's work to ensure contract compliance, workmanship, and quality; and materials testing. As indicated in the Cost Analysis (Exhibit 4) and as summarized in the table below, the estimated total construction delivery cost of the project is $1,659,049. Project Item Total Construction Contract $1,374,150 Construction Administration, Inspection, Testing $ 147,484 Project Contingencies $ 137,415 TOTAL CONSTRUCTION DELIVERY COST $1,659,049 ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER- 2020-96 was filed for Project 20-6963. FISCAL IMPACT As indicated in the Cost Analysis, the estimated total construction delivery cost of the project is $1,659,049, which includes construction, contract administration, inspection, testing, and authorized contingencies of $284,899. All funds are available for expenditure in Fiscal Year 2022-23, however, any remaining balances not expended at the end of the fiscal year will be carried forward into FY 2023-24. A proposed carryover of unspent funds will be presented to City Council for the FY 2023-24 portion of this contract. The following table summarizes the funds budgeted for expenditure to deliver the construction of this project: Construction Contract for Kennedy Elementary and Villa Fundamental Intermediate S RTS April 18, 2023 Page 4 Fiscal Accounting Unit Fund Accounting Unit, Account Year - Account No. Description No. Description Amount Project No. EXISTING BUDGET 14817614-66220 Traffic System Active Transportation 2022-23 (20-6963) MGMT Grant Program S131, Improvements $1,291,000 Other Than Building ADDITIONAL BUDGET/BUDGET REALLOCATION 03217662-66220 Measure M- Measure M2 Local Fairshare 2022-23 (16-6853) Street St, Improvements Other Than $10,690 Construction Building 03217662-66220 Measure M- Measure M2 Local Fairshare 2022-23 (17-6892) Street St, Improvements Other Than $29,000 Construction Building 03217662-66220 Measure M- Measure M2 Local Fairshare 2022-23 (18-6904) Street St, Improvements Other Than $1,601 Construction Building 03217662-66220 Measure M- Measure M2 Local Fairshare 2022-23 (18-6905) Street St, Improvements Other Than $3,500 Construction Building 03217662-66220 Measure M- Measure M2 Local Fairshare 2022-23 (19-6904) Street St, Improvements Other Than $7,025 Construction Building 03217662-66220 Measure M- Measure M2 Local Fairshare 2022-23 (20-6905) Street St, Improvements Other Than $10,870 Construction Building 03217662-66220 Measure M- Measure M2 Local Fairshare 2022-23 (20-6974) Street St, Improvements Other Than $25,000 Construction Building 03217662-66220 Measure M- Measure M2 Local Fairshare 2022-23 (21-6905) Street St, Improvements Other Than $20,363 Construction Building 03217662-66220 Measure M- Measure M2 Local Fairshare 2022-23 (22-6904) Street St, Improvements Other Than $80,000 Construction Building 03217662-66220 Measure M- Measure M2 Local Fairshare 2022-23 (22-6905) Street St, Improvements Other Than $50,000 Construction Building Public Works - 2022-23 01117620-66220 General Fund Traffic/Transportation — $130,000 Service Enhancement Total $1, 659, 049 Construction Contract for Kennedy Elementary and Villa Fundamental Intermediate S RTS April 18, 2023 Page 5 EXHIBIT(S) 1. Location Map 2. Bid Proposal 3. Construction Contract 4. Cost Analysis 5. FY 2020-21 Capital Improvement Program Sheet Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager Exhibit 1 SANTA ANA Project No. 20-6963: uajKennedy Elementary -Villa Fundamental PUBLIC WORKS AGENCY Intermediate Safe Routes to School CITY OF SANTA ANA PROPOSAL ADDENDUM NO. ONE PROJECT NO.: 20-6963 KENNEDY ELEMENTARY AND VILLA FUNDAMENTAL INTERMEDIATE SRTS BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: Diamond Construction & Design REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the following schedule: Item Description Qty Unit Unit Price Amount 1 Unclassified Excavation* 620 CY $ $ 120 $74,400 2 AC Pavement* 1,260 TN $ $ 108.28 $136,432.80 3 Cold Mill 2"* 62,000 SF $ 0.38 $ 23,560.00 4 Rubberized Emulsion Aggregate Slurry 160 TN $ 400 $ (REAS), Type II* 64,000 5 Crack Seal 1 LS $ 16450 $ 16,450 6 PCC Sidewalk (T=4")* 10,100 SF $ 16 $ $161,600 7 PCC Driveway/Alley Approach (T = 8")* 860 SF $ 28 $ $24,080 8 PCC Curb Ramp* 1,100 SF $ 35 $ $38,500 9 PCC Curb and Gutter (Type A-2-8)* 1,800 LF $ 52 $ $93,600 10 PCC Curb (Type B-1)* 260 LF $ 40 $ 10,400 11 PCC Cross -Gutter (T=9")* 2,700 SF $ 27 $ 72,900 12 PCC Grinding* 500 LF $ 5 $ 2,500 13 PCC Gutter Depression at Catch Basin, include 30 LF $ $720 dowels spaced 18" 24 14 Parkway Box Culvert 1 EA $ 14000 $ 14,000 15 Truncated Dome 2 EA $ 1500 $ 3,000 P-1 of P-17 CITY OF SANTA ANA PROPOSAL ADDENDUM NO. ONE PROJECT NO.: 20-6963 KENNEDY ELEMENTARY AND VILLA FUNDAMENTAL INTERMEDIATE SRTS Item Description Qty Unit Unit Price Amount 16 Stamped Concrete* 1,400 SF $ 25 $ 35,000 17 Aggregate Base * 45 CY $ 115 $ 5,175 18 Root Shave* 40 EA $ 600 $ 24,000 19 Remove Tree 1 EA $ 800 $ 800 20 Furnish and Plant tree (Crape Myrtle, 24" box) 1 EA $ 1350 $ 1350 21 Furnish and Install Water Valve Frame and 10 EA $ $ Cover to Finished Grade 750 7,500 22 Adjust Manhole Frame and Cover to Finished 4 EA $ 1350 $ 5,400 Grade 23 Signing and Striping 1 LS $ 116,245 $ 116,245 24 Furnish and Install Speed Feedback Sign and 2 EA $ 33,680 $ Pole 67,360 25 Traffic Signal Modification at Grand Ave and 1 LS $181,457 $ 181,457 Chestnut Ave 26 Install APS System at Grand Ave and Chestnut 1 LS $ $ Ave 19,595 19,595 27 Install Video Detection System at Grand Ave 1 LS $ $ and Chestnut Ave 41,195 41,195 28 Install 2" PVC Conduit per plan* 20 LF $ $ 67 1,340 29 Install 3" PVC Conduit per plan* 60 LF $ $ 67 4,020 30 Install 4" PVC Conduit per plan* 410 LF $ 67 $ 27 470 31 Install No. 6 Pull Box 7 EA $ $ 1200 8,400 32 Install No. 6E Pull Box 2 EA $ 1200 $ 2,400 33 Install Traffic Signal Loop Detector Type D 56 EA $ $ (Circular)* 350 19,600 34 Install Traffic Signal Loop Detector Type E* 104 EA $ 325 $ 33,800 35 Install Traffic Signal Loop Detector Type Q* 4 EA $ 350 $ 1,400 36 Pothole Traffic Signal Pole Location for Utility 4 EA $ 2,100 $ Conflicts* 8,400 37 Temporary Overhead Wiring at Grand Ave and 1 LS $ 7,500 $ Chestnut Ave 7,500 P-2 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-6963 ADDENDUM NO. ONE KENNEDY ELEMENTARY AND VILLA FUNDAMENTAL INTERMEDIATE SRTS Item Description Qty Unit Unit Price Amount 38 Pothole for Utilities Not Shown on the Plans* 2 EA $ 1000 $ 2,000 39 Project Advertisement Sign 2 EA $ 800 $ 1,600 40 Construction Permit 1 LS $15,000 $ 15,000 TOTAL BASE BID (Items 1 to 40) $ 1,3741149.80 ADD ALTERNATE BID Item Description Qty Unit Unit Price Amount 41 Install APS System at Chestnut Ave and Lyon 1 EA $ 17,500 $ 17,500 St 42 Install Video Detection System at Chestnut Ave 1 EA $ 40,250 $ and Lyon St 40,250 43 Install GTT Opticom GPS EVP at Grand Ave 1 EA $ $ and Chestnut Ave 13,050 13,050 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. 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 one hundred (100) working days after the commencement date stated in the Notice to Proceed. Furthermore, all non -traffic signal related work, including but not limited to sidewalk, curb and gutter, stamped concrete, coldmill, AC pavement, slurry seal, and signing and striping shall be completed within the first 50 working, days. The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $2,500 per calendar. Name of Firm Diamond Construction & Design Signature of BIDDER Title general partner (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-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-6963 KENNEDY ELEMENTARY AND VILLA FUNDAMENTAL INTERMEDIATE SRTS 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, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to BIDDER or deposited with the United States Postal Service properly addressed to the BIDDER with the correct postage affixed thereto. BIDDER further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish AGENCY all required bonds and certificate of liability insurance within ten (10) business days or the funds, check, draft, or BIDDERS bond substituted in lieu thereof accompanying this proposal shall become the property of the AGENCY and shall be considered as payment of damages due to the delay and other causes suffered by AGENCY because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered is difficult to ascertain; otherwise said funds, check, drafts, or BIDDER'S bond substituted in lieu thereof shall be returned to the undersigned. BIDDER understands that a bid is required for the entire work, the estimated quantities set forth in the bid schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. The BIDDER also certifies that the bid is a balanced bid. In accordance with Section 7028.15 of the California Business and Professions Code, the undersigned certifies under penalty of perjury that the foregoing is true and correct. Name of Firm Diamond Construction & Design Signature of BIDDER Title General Partner (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-4 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-6963 KENNEDY ELEMENTARY AND VILLA FUNDAMENTAL INTERMEDIATE SRTS 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: Diamond Construction & Design Business Address: 921 N Harbor Blvd #622, La Habra Ca 90631 Business E-Mail Address: stely907@yahoo.com Telephone: 714-240-3698 State Contractor's License No. and Class: 521295 License Expiration Date: 02/28/25 State Dept. of Industrial Relations (DIR) Registration No.: State Dept. of Industrial Relations (DIR) Registration Expiration Date: Signed: Title: General Partner 1000024690 06/30/23 P-5 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-6963 KENNEDY ELEMENTARY AND VILLA FUNDAMENTAL INTERMEDIATE SRTS 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 Diamond Construction & Design Signature of BIDDER Title General Partner (if an individual, so state) P-6 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-6963 KENNEDY ELEMENTARY AND VILLA FUNDAMENTAL INTERMEDIATE SRTS 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: '/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 Hardy & Harper License #/Exp. 215952 exp12/31/23 DIR Reg. #/Exp. 10000UOU76 exp 06/30/23 Location 32 rancho circle, lake forest Phone 714-444-1851 Type Of Work asphalt Amount $ 160,000 Name MD rubberized License #/Exp. DIR Reg. #/Exp. License # 986686 exp 09/30/23 1000006438 exp 06 30 23 Location 32 rancho circle, lake forest Phone - - 600 Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # _ Location _ Phone Type Of Work Amount $ crack seal $16,450 Signature of Bidder Name V&E tree License #/Exp. DIR Reg. #/Exp. Location 654506 exp 09/23/24 1000001936 exp 06/30/25 Po Box 3280, Orange ca Phone 714-997-0903 Type Of Work Amount $ root shave, tree cutting $24,800 Name CROSSTOWN ELECTRICAL License #/Exp. 756309 EXP 11/30/24 DIR Reg. #/Exp. 1000000155 EXP 06/30/23 License # Location Phone 626-813-6693 Type Of Work Amount $ 380,307 Name License #/Exp. DIR Reg. #/Exp. License # _ Location _ Phone Type Of Work Amount $ P-9 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-6963 KENNEDY ELEMENTARY AND VILLA FUNDAMENTAL INTERMEDIATE SRTS 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. 1 California State Parks - 35 Crystal Cove, Newport Beach Ca 92657 Name and Address of Owner. Randall Gamache - 949-599-6516 Name and Telephone Number of person familiar with project. $274,900 ry park repairs, drainage, surface repairs DEC 2022 Contract Amount Type of Work Date Completed 2 Carpinteria State Beach - 5361 6th St, Carpinteria Ca 93013 Name and Address of owner. Caesar Romo - 805-651-0569 Name and Telephone Number of person familiar with project. $274,900 repairs surfaces NOV 2022 Contract Amount Type of Work Date Completed Calle Real Waterline - 3917 Calle Real San Clemente, Ca 92673 3. Name and Address of owner. Gregg Diest - 949-337-3139 Name and Telephone Number of person familiar with project. $846,974 waterline upgrade MAR 2023 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. William Syrkin - Millenium Corp Services ph: 818-203-0408 fax 949-679-7244 5530 Trabucco Rd, Irvine Ca 92620 Lic#OM93299 bonds P-10 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-6963 KENNEDY ELEMENTARY AND VILLA FUNDAMENTAL INTERMEDIATE SRTS 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 Bicycle Casino - 888 Bicycle Casino Dr, Bell Gardena Ca 90201 Name and Address of Owner. Luis Sanchez - 310-743-5123 Name and Telephone Number of person familiar with project. $1,473,000 street improvements JUN 2021 Contract Amount Type of Work Date Completed 2. Residential Street - Santa Ana - multiple locations Name and Address of owner. Jose Castillo - 714-647-4700 Name and Telephone Number of person familiar with project. $738,611 street improvements JAN 2023 Contract Amount Type of Work Date Completed 3 Rosecrans & Valley View Intersection - Santa Fe Springs Name and Address of owner. Francisco Villasenor - 323-806-7067 Name and Telephone Number of person familiar with project. $916,653 intersection improvemets DEC 2022 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. William Syrkin - Millenium Corp Services ph: 818-203-0408 fax 949-679-7244 5530 Trabucco Rd, Irvine Ca 92620 Lic#OM93299 bonds P-11 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-6963 KENNEDY ELEMENTARY AND VILLA FUNDAMENTAL INTERMEDIATE SRTS NON-DISCRIMINATION CERTIFICATE The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: 1. 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 labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 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-13 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-6963 KENNEDY ELEMENTARY AND VILLA FUNDAMENTAL INTERMEDIATE SRTS 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 violation of the Chapter. Signed:`' Title: General Partner Firm: Diamond Construction & Design Date: 03/02/23 P-14 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-6963 KENNEDY ELEMENTARY AND VILLA FUNDAMENTAL INTERMEDIATE SRTS 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 amount to the California Apprenticeship Council. Signed: General Partner Diamond Construction & Design 03/02/23 Title: Firm: Date: P-15 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-6963 KENNEDY ELEMENTARY AND VILLA FUNDAMENTAL INTERMEDIATE SRTS 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: Title: General Partner Firm: Diamond Construction & Design 03/02/23 Date: P-16 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-6963 KENNEDY ELEMENTARY AND VILLA FUNDAMENTAL INTERMEDIATE SRTS 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? x Yes No If the answer is yes, explain the circumstances in the following space. P-17 of P-17 EXHIBIT 3 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT 20-6963; ATPSBIL-5063(199) KENNEDY ELEMENTARY AND VILLA FUNDAMENTAL INTERMEDIATE SRTS This CONSTRUCTION CONTRACT is made and entered into this 18th day of April, 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 Diamond Construction & Design (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 Kennedy Elementary And Villa Fundamental Intermediate SRTS (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 One Million Three Hundred Seventy Four Thousand One Hundred Forty Nine Dollars and Eighty Cents ($1,374,149.80), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A." The BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable. rev. 03/08/2023 Page I 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.ora/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: (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; Page 2 of 3 (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: �4 �� JOHN FUNK Chief Assistant City Attorney RECOMMENDED FOR APPROVAL: NABIL SABA, PE Executive Director Public Works Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager CONTRACTOR: Diamond Construction & Design NAME: Stelian Onufrei TITLE: General Partner Page 3 of 3 EXHIBIT A CITY OF SANTA ANA PROPOSAL ADDENDUM NO. ONE PROJECT NO.: 20-6963 KENNEDY ELEMENTARY AND VILLA FUNDAMENTAL INTERMEDIATE SRTS BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: Diamond Construction & Design REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the following schedule: Item Description Qty Unit Unit Price Amount 1 Unclassified Excavation* 620 CY $ $ 120 $74,400 2 AC Pavement* 1,260 TN $ $ 108.28 $136,432.80 3 Cold Mill 2"* 62,000 SF $ 0.38 $ 23,560.00 4 Rubberized Emulsion Aggregate Slurry 160 TN $ 400 $ (REAS), Type 11* 64,000 5 Crack Seal 1 LS $ 16450 $ 16,450 6 PCC Sidewalk (T=4")* 10,100 SF $ 16 $ $161,600 7 PCC Driveway/Alley Approach (T = 8")* 860 SF $ 28 $ $24,080 8 PCC Curb Ramp* 1,100 SF $ 35 $ $38,500 9 PCC Curb and Gutter (Type A-2-8)* 1,800 LF $ 52 $ $93,600 10 PCC Curb (Type B-1)* 260 LF $ 40 $ 10,400 11 PCC Cross -Gutter (T=9")* 2,700 SF $ 27 $ 72,900 12 PCC Grinding* 500 LF $ 5 $ 2,500 13 PCC Gutter Depression at Catch Basin, include 30 LF $ 24 $720 dowels spaced 18" 14 Parkway Box Culvert 1 EA $ 14000 $ 14,000 15 Truncated Dome 2 EA $ 1500 $ 3,000 P-1 of P-17 EXHIBIT A CITY OF SANTA ANA PROPOSAL ADDENDUM NO. ONE PROJECT NO.: 20-6963 KENNEDY ELEMENTARY AND VILLA FUNDAMENTAL INTERMEDIATE SRTS Item Description Qty Unit Unit Price Amount 16 Stamped Concrete* 1,400 SF $ 25 $ 35,000 17 Aggregate Base * 45 CY $ 115 $ 5,175 18 Root Shave* 40 EA $ 600 $ 24,000 19 Remove Tree 1 EA $ 800 $ 800 20 Furnish and Plant tree (Crape Myrtle, 24" box) 1 EA $ 1350 $ 1350 21 Furnish and Install Water Valve Frame and 10 EA $ $ Cover to Finished Grade 750 7,500 22 Adjust Manhole Frame and Cover to Finished 4 EA $ 1350 $ 5,400 ' Grade 23 Signing and Striping 1 LS $ 116,245 $ 116,245 24 Furnish and Install Speed Feedback Sign and 2 EA $ 33,680 $ Pole 67,360 25 Traffic Signal Modification at Grand Ave and 1 LS $181,457 $ 181,457 Chestnut Ave 26 Install APS System at Grand Ave and Chestnut 1 LS $ $ Ave 19,595 19,595 27 Install Video Detection System at Grand Ave 1 LS $ $ and Chestnut Ave 41 195 41 195 ' 28 Install 2" PVC Conduit per plan* 20 LF $ $ 67 1,340 29 Install 3" PVC Conduit per plan* 60 LF $ $ 67 4,020 30 Install 4" PVC Conduit per plan* 410 LF $ 67 $27,470 31 Install No. 6 Pull Box 7 EA $ $ 1200 8,400 32 Install No. 6E Pull Box 2 EA $ 1200 $ 2,400 33 Install Traffic Signal Loop Detector Type D 56 EA $ $ (Circular)* 350 19,600 34 Install Traffic Signal Loop Detector Type E* 104 EA $ 325 $ 33,800 35 Install Traffic Signal Loop Detector Type Q* 4 EA $ 350 $ 1,400 36 Pothole Traffic Signal Pole Location for Utility 4 EA $ 2,100 $ Conflicts* 8,400 37 Temporary Overhead Wiring at Grand Ave and 1 LS $ 7,500 $ Chestnut Ave 7,500 P-2 of P-17 EXHIBIT A CITY OF SANTA ANA PROPOSAL ADDENDUM NO. ONE PROJECT NO.: 20-6963 KENNEDY ELEMENTARY AND VILLA FUNDAMENTAL INTERMEDIATE SRTS Item Description Qty Unit Unit Price Amount 38 Pothole for Utilities Not Shown on the Plans* 2 EA $ 1000 $ 2,000 39 Project Advertisement Sign 2 EA $ 800 $ 1,600 40 Construction Permit 1 LS $15,000 $ 15,000 TOTAL BASE BID (Items 1 to 40) $ 1,374,149.80 ADD ALTERNATE BID Item Description Qty Unit Unit Price Amount 41 Install APS System at Chestnut Ave and Lyon 1 EA $ 17,500 $ 17,500 St 42 Install Video Detection System at Chestnut Ave 1 EA $ 40,250 $ and Lyon St 40,250 43 Install GTT Opticom GPS EVP at Grand Ave 1 EA $ $ and Chestnut Ave 13,050 13,050 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 one hundred (100,) working days after the commencement date stated in the Notice to Proceed. Furthermore, all non -traffic signal related work, including but not limited to sidewalk, curb and gutter, stamped concrete, coldmill, AC pavement, slurry seal, and signing and striping shall be completed within the first 50 working days. The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $2,500 per calendar. Name of Firm Diamond Construction & Design Signature of BIDDER Title general partner (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-17 EXHIBIT 4 COST ANALYSIS CONSTRUCTION OF PROJECT NO. 20-6963: Kennedy Elementary and Villa Fundamental Intermediate SRTS Construction Contract $ 1,374,149.80 Contract Administration, Inspection and Testing $ 147,484.12 Contingencies $ 137,415.00 TOTAL ESTIMATED CONSTRUCTION COSTS $ 1,659,048.92 EXHIBIT 5 PROJECT TITLE: Kennedy Elementary and Villa Fundamental Intermediate SRTS PROJECT CATEGORY: Traffic Improvements Traffic Safety / Mobility LOCATION MAP AGENCY: Public Works CITY OF SANTA ANA FY20121 CIP CAPITAL IMPROVEMENT PROJECT WORKSHEET PROJECT DESCRIPTION: Installation of bulbouts, missing sidewalk, sidewalk repairs, left turn arrows, enhance marked crosswalks, bike lanes along the safe routes to school for Kennedy Elementary and Villa Fundamental Intermediate. PROJECT COSTS FY 20/21 Construction Engineering 1,291,000 TOTAL 1,291,000 SOURCE OF FUNDS FY 20/21 ATP - S131 Augmentation 1,291,000 TOTAL 1,291,000 DIVISION: Traffic Engineering PROJECT NEED: Project is designed to increase pedestrian/bicylist safety and mobility. FY 21/22 FY 22/23 FY 23124 FY 24125 FY 25126 FY 26127 FY 21/22 FY 22I23 FY 23124 FY 24125 FY 25126 FY 26127 CONTACT: Kenny Nguyen, Senior Civil Engineer DATE: 04-May-2020 26