Loading...
HomeMy WebLinkAboutItem 08 - Santa Ana Zoo Goat TrailPublic Works and Parks, Rec. & Community Svcs. Agencies www.santa-ana.org/pw Item # 8 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 4, 2022 TOPIC: Santa Ana Zoo Goat Trail AGENDA TITLE Award a Construction Contract to GB Cooke, Inc., in the amount of $721,531 for the Santa Ana Zoo Goat Trail FY 2022-23 Project with an Estimated Project Delivery Cost of $881,531 (Project No. 21-2744) (Non -General Fund) RECOMMENDED ACTION 1. Award a construction contract to GB Cooke, Inc., a responsive bidder, in accordance with the base bid in the amount of $721,531, for construction of the Santa Ana Zoo Goat Trail for the term beginning October 4, 2022 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. 2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $881,531, which includes $721,531 for the construction contract, $80,000 for contract administration, inspection and testing, and $80,000 project contingency for unanticipated or unforeseen work. 3. Approve an amendment to the Fiscal Year 2022-23 Capital Improvement Program to include the Santa Ana Zoo Goat Trail project. DISCUSSION On June 21, 2022, the City Council awarded a contract to Harrison Building, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $400,000 for the construction of the Santa Ana Zoo Goat Trail project (Exhibit 1). Harrison Building, Inc. submitted all of the required bidding documents for the project award. However, due to the bid spread between Harrison Building, Inc. and the second lowest bidder, GB Cooke, Inc.; Harrison Building, Inc. was unable to secure their performance bond and payment bond. Therefore, in compliance with the City of Santa Ana Contract Documents, the contract award with Harrison Building has been rescinded. Staff recommends awarding the contract to GB Cooke, Inc. Award Construction Contract to GB Cooke, Inc. October 4, 2022 Page 2 Public Outreach and Contractor Participation To provide an opportunity for local vendors to submit bids, the City notified a total of 27 regional vendors via PlanetBids, many of which are Santa Ana based. Three vendors requested bidding documents, and a total of three 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 March 24 and March 31, of 2022. The project was also advertised in PlanetBids from March 22, 2022 through April 12, 2022. Bids were received electronically via PlanetBids on April 12, 2022. Bid Results Summary RANK BIDDER'S NAME LOCATION BASE BID 1 Harrison Building, Inc. Newport Beach Unable to Perform 2 G.B. Cooke, Inc. Fullerton $ 721,531 3 C.S. Legacy Construction, Inc. Walnut $ 1,015,985 A total of three bids were received. GB Cooke, Inc. submitted a responsive base bid in the amount of $721,531 (Exhibit 2). As specified in the bid documents, the lowest bid shall be determined on the basis of the Base Bid. Based on the circumstances outlined above and a contractor's reference check, staff recommends awarding the construction contract to GB Cooke, Inc., in the amount of the base bid totaling $721,531 (Exhibit 3). Recently, GB Cooke, Inc. has worked on one project for the City of Santa Ana, which is the Santa Ana Zoo Giant River Otter & Primate Trails, where they performed rough carpentry. GB Cooke, Inc. has performed satisfactory work and staff recommends awarding the contract to GB Cooke, Inc. 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 the following: construction management; implementation of the City's Community Workforce Agreement requirements; inspection of the Contractor's work to ensure contract compliance, workmanship, and quality; and materials testing. As indicated in the Cost Analysis (Exhibit 4) and as summarized in the table below, the estimated total construction delivery cost of the project is $881,531. Award Construction Contract to GB Cooke, Inc. October 4, 2022 Page 3 Project Item Total Construction Contract $721,531 Construction Administration, Inspection, Testing $80,000 Contingencies $80,000 TOTAL CONSTRUCTION DELIVERY COST $881,531 Approval of the amendment to the FY 2022-23 Capital Improvement Program (Exhibit 5) will officially incorporate the additional funding for the project into the CIP program. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER- 2022-31 was filed for the project. FISCAL IMPACT As indicated in the Cost Analysis, the estimated total construction delivery cost of the project is $881,531, which includes construction, contract administration, inspection, testing, and an authorized contingency. The following table summarizes the funds budgeted and available for expenditure to deliver construction of this project. Accounting Unit - Fund Accounting Unit - Account Fiscal Year Account No. Description No. Description Amount (Project No.) 01213020-66220 Cannabis PRCSA Youth Services- 2022-23 (21-2744) Public Improvements Other $701,531 Benefit Fund Than Building PRCSA- PRCSA-Fees and 2022-23 02213200-66220 Fees and Donations- Improvements $180,000 (21-2744) Donations Other Than Building Fund Total $881,531 Award Construction Contract to GB Cooke, Inc. October 4, 2022 Page 4 EXHIBIT(S) 1. Location Map 2. Bid Proposal 3. Construction Contract 4. Cost Analysis 5. CIP Worksheet Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency and Hawk Scott, Executive Director - Parks, Recreation and Community Services Agency Approved By: Kristine Ridge, City Manager SANTA ANA LAA PUBLIC VMS AGENCY PROJECT 21-2744 SANTA ANA ZOO GOAT TRAIL i1 No PAGE 1 OF 1 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-2744 SANTA ANA ZOO GOAT TRAIL BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: G.B. Cooke, Inc. 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 Santa Ana Zoo Goat Trail Project Manual 1 LS $ / �� � � I (D 2 Tractor Element 1 LS $ I-C)' 10 L-0 $ O 6'zo 3 Construction Permit 1 I LS $155000 $ !S Obi TOTAL BASE BID $ I 2 1 S 2 j -." 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. t This bid item is considered a Specialty Item per Section 2-3.2 of the Standard Specifications. TIME FOR COMPLETION OF° IMPROVEMENTS AND LIOUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within number(100) 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 $820 per calendar day. P-6 of P-22 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-2744 NIA ANA ZOO GOAT TRAIL Name of Firm G.B. Signature of BIDDER Bradley G. Cooke Title President, Secretary, Treasurer & Manager (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-7 of P-22 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-2744 SANTA ANA ZOO GOAT TRAIL 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 penal ,p oe y that the foregoing is true and correct. Name of Firm G.B. Cooke Signature of BIDDER IC K Bradley G. Cooke Title President, Secretary, Treasurer & Manager (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-8 of P-22 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-2744 SANTA ANA ZOO GOAT TRAIL 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: G.B. Cooke, Inc. Business Address: 660 S. State College Blvd. Fullerton, CA 92831 Business E-Mail Address: brad@gbcookeinc.com Telephone: (626) 969-8736 State Contractor's License No. and Class: 366159 A & B License Expiration Date: 11 /30/2022 State Dept. of Industrial Relations (DIR) Registration No.: _ State Dept. of Registration E) Signed: Title: I 1000013328 (DIR) 06/30/2022 President, Secretary, Treasurer & Manager Bradlev G. Cooke P-9 of P-22 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-2744 SANTA ANA ZOO GOAT TRAIL 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 thefeqA''iio Zg is true and correct. Name of Firm G.B. Signature of BIDDER Bradlev G. Cooke Title President, Secretary, Treasurer & Manager (if an individual, so state) P-10 of P-22 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-2744 SANTA ANA ZOO GOAT TRAIL OWNERSHIP AFFIDAVIT STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS: CITY OF SANTA ANA ) Brad Cooke being duly sworn, deposes and says: ❑ INDIVIDUAL That he/she is the party making the foregoing proposal: ❑ PARTNERSHIP That he/she is a member of the co -partnership firm designated as: and who has been and is duly vested with the authority to make and execute instruments for the co -partnership by: who constitute the other members of the co -partnership. [CORPORATION That he is of: President, Secretary and Chief Financial Officer of G. B. COOKE, INC. a corporation which is making the foregoing proposal: ❑ JOINT VENTURE That he is of. one of the parties making the foregoing proposal as a joint venture, and the he/she has been and is duly vested with the authority to execute instruments for an on behalf of the parties making said bid who are: that c id is genuine and not collusive or sham, and has not in any manner sought by co u 'on t s u� any advantage against the City of Santa Ana or any person interested in the pr con act for himself or any other person. Signature of Bidder Subscribed and sworn to before me this day of Signature of officer Administering Oath (Notary Public) 20 P-11 of P-22 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 California County of nV--a1'ZOScL, Subscribed and sworn to (or affirmed) before me on this day of , 20 22 , by UDO & proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. GINA LYN SMITH „ Notary Public - Californla g San 3ernardino County Commisslon k 2251232 1] My Comm. Ex:ires Aug 23, 2022 `/ (Seal) Signature / �.- CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-2744 SANTA ANA ZOO GOAT TRAIL KNOW ALL PRESENT that, G. B. Cooke, Inc. ____ , as BIDDER, and Travelers Casualty and Surety Company of America , as SURETY, are held and firmly bound unto the CITY OF SANTA ANA, as AGENCY, in the penal sum of _ Ten percent of the total amount of the bid Dollars ($ 10% ), which is ten 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 5th day of Aril .2022. 77� J e 626-969-8736 SURETY* Douglas AU. Rapp, Attornby in Fact Subscribed and sworn to before me , 20_ Signature: Notary Public in and for the County of mono tzar, 909-612-3654 Ranch, & 92694 949-393-0740 this day of , State of * Provide BIDDER/ SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. P-12 of P-22 ACKNOWLEDGMENT 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 California County of Orange ) On April 5, 2022 before me, Debra Swanson, Notary Public (insert name and title of the officer) personally appeared Douglas A. Rapp who proved to me on the basis of satisfactory evidence to be the person(") whose name(") isAM subscribed to the within instrument and acknowledged to me that heA*Ws#hwy executed the same in his#ie+ *m* authorized capacityos*, and that by his/NeWiWeipsignature(%) on the instrument the person, or the entity upon behalf of which the person(") acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. �Fr,F DEBRASWANSON era (n Y ` �. COMM. # 2335630 X NOTARYPUBLIC-CALIFORNIAX ORANGE COUNTY N c^r6R . MY COMM. BXP, NOV 10, 2024 Signature �> r� (Seal) Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Douglas A Rapp of LADERA RANCH , California , their true and lawful Attorney -in -Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 17th day of January, 2019. � Arch �Jp I ANOS` yyjRt9 ya 9 HARiFngD HARTFORD, CONN. ? } CONK, o 0,� +irbe State of Connecticut City of Hartford ss. By: L 49� Robert L. Rane , enior Vice President On this the 17th day of January, 2019, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. IN WITNESS WHEREOF, I hereunto set my hand and official seal. r,ornnY t My Commission expires the 30th day of June, 2021 Pu¢`" Anna P. Nowik, Notary Public •w°Y,vFof This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 5th day of April , 2022 M"GFDC.ONN. H0.HTFORD� 4'diP4k3�t8. UAL Kevin E. Hughes, Assi tant Secretary To verify the authenticity of this Power of Attorney, please calf us at 1-800-421-3880. Please refer to the above -named Attorney -in -Fact and the details of the bond to which this Power of Attorney is attached. 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 California County of n�,Uyj c� Subscribed and sworn to (or affirmed) before me on this day of , 20 22 , by �Cc u D proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. ®- . GINA LYN SMITH Notary Public - California a. San Bernardino County Commission k 2251232 My Comm. Expires Aug 23, 2022 � l (Seal) Sig natureu Lt( G �A CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-2744 SANTA ANA ZOO GOAT TRAIL 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: '/z% 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 Moran Consultin License #/Exp. 9376 9/23 DIR Reg. #/Exp. 1000018029 6/22 Location Long Beach Phone 562.340.4670 Type Of Work Surveying Amount $ 10,000 Name The Blakely Co. License #/Exp. 195215 11/23 DIR Reg. #/Exp. 1000010520 6/23 License # Location Monterey Park Phone 626.766.1945 Type Of Work Paint Amount $ 15,005 Name Sierra Landscape License #/Exp. 514938 3/23 DIR Reg. #/Exp. 1000004455 6/22 License # Location Arcadia Phone 626.447.5260 Landsca 95 176 Signature of Bidder & Irrigation Bradlev G. Cooke Name License #/Exp. DIR Reg. #/Exp. Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # _ Location _ Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # _ Location _ Phone Type Of Work Amount $ P-13 of P-22 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-2744 SANTA ANA ZOO GOAT TRAIL 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. Los Angeles County Public Works 900 South Fremont Ave, Alhambra, CA 91803 Name and Address of Owner. Ali Dana (626) 458-3110 Name and Telephone Number of person familiar with project. $1,138,654.00 Ocean Outlet Installation March 26, 2021 Contract Amount Type of Work Date Completed 2. OC Public Works / OC Construction 1152 E. Fruit St. Santa Ana CA 92701 Name and Address of owner. Kevin Tran (714) 647-3934 Name and Telephone Number of person familiar with project. $727,618.35 Pedestrian Bridge Replacement March 13, 2020 Contract Amount Type of Work Date Completed 3. San Gabriel Water Committee 729 N Azusa Ave. Azusa CA 91702 Name and Address of owner. Donald Berry (626)815-0018 Name and Telephone Number of person familiar with project. $1,207,952.51 Water Gate Structures September 30, 2019 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. Rapp Surety & Ins. Services, Inc. Timothy D. Rapp 999 Corporate Dr. Ste 100 Ladera Ranch, CA 92694 (949) 393-0740 The Wooditch Co. Mark Ramirez One Park Plaza, Ste 400 Irvine, CA 92614 (949) 553-9800 P-14 of P-22 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-2744 SANTA ANA ZOO GOAT TRAIL 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. City of Rancho Palos Verdes 30940 Hawthorne Blvd. RPV CA 90275 Name and Address of Owner. Charles Eder 310-544-5282 Name and Telephone Number of person familiar with project. $2,017,747.00 Storm Drain Repair Contract Amount Type of Work 2. LACPW 1100 N. Eastern Ave Rm G115 Los Anaeles CA 90063 Name and Address of owner. Peter Genov (323) 267-2297 Name and Telephone Number of person familiar with project. $526,075.50 Rubber Dam Replacement Contract Amount Type of Work 3. City of Long Beach 333 W. Ocean Blvd. Long Beach, CA 90802 Name and Address of owner. Derry MacMahon (323) 260-4703 Name and Telephone Number of person familiar with project. June 15, 2018 Date Completed December 15, 2017 Date Completed $2,260,493.94 Low Flow Diversion Systems November 27, 2017 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. Rapp Surety & Ins. Services, Inc. Timothy D. Rapp 999 Corporate Dr. Ste 100 Ladera Ranch, CA 92694 (949) 393-0740 The Wooditch Co. Mark Ramirez One Park Plaza, Ste 400 Irvine, CA 92614 (949) 553-9800 P-15 of P-22 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-2744 SANTA ANA ZOO GOAT TRAIL NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: �au�t'ne7lh*'VakingNon-collusion Affidavit is part of the Proposal. BIDDERS are a false certification may subject the certifier to criminal Signed State of California County of Subscribed and sworn to (or affirmed) before me on this day of , 20_, by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me Notary Public Signature Notary Public Seal P-16 of P-22 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 California County of Oy-arA q:)&e Subscribed and sworn to (or affirmed) before me on this day of %p►-L1 , 20 22 , by 4�:�,U.6Ua 61. �PJVVQ-: proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. GINA lYN SMITH j '"fir Notary Public -California $ San Bernardino County > Commission # 2251232 My Comm. Expires Aug 23, 2022 (Seal) Signatures CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-2744 SANTA ANA ZOO GOAT TRAIL 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-17 of P-22 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-2744 SANTA ANA ZOO GOAT TRAIL 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, igi us creed, color, national origin, ancestry, physical handicaps, mental condition, al t s, r sex of such persons, except as provided in Section 1420, and any contractor publi work violating this Section is subject to all the penalties imposed for a violation II Ch p Signed: Title: President Firm: G.B. Cooke, Inc. Date: April 12, 2022 P-18 of P-22 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-2744 SANTA ANA ZOO GOAT TRAIL 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: 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 t bli work, in the same amount or upon the same basis and in the same manner as th he c tr tors, except contractors not signatory to the trust agreement shall pay a like a tot li"mia Apprenticeship Council. Signed: Title: President Firm: G.B. Cooke, Inc. Date: Aaril12.2022 P-19 of P-22 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-2744 SANTA ANA ZOO GOAT TRAIL 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 subcontr or shall be prohibited from inducing, by any means, any person employed in the c c or repair of public work, to give up any part of the compensation to which he/she is o� ti d. Signed: Title: President Firm: G.B. Cooke, Inc. Date: April 12, 2022 P-20 of P-22 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-2744 SANTA ANA ZOO GOAT TRAIL 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 If the answer is yes, explain the circumstances in the following space. P-21 of P-22 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-2744 SANTA ANA ZOO GOAT TRAIL STATEMENT REGARDING COMMUNITY WORKFORCE AGREEMENT (CWA REQUIREMENTS This is to certify that the undersigned BIDDER, and subcontractors, have read and understood the CWA entered into by and between the City of Santa Ana, the Los Angeles/Orange Counties Building and Construction Trades Council, and the signatory Craft Councils and Local Unions, effective as of September 1, 2017. The CWA is available at: http://www.santa-ana.org/pwa/documents/CWA.pdf The undersigned BIDDER hereby agrees to comply with all terms and conditions of the CWA, and is capable of completing construction of the project continuously, and without interruptions or delays. If awarded any work covered by the CWA, BIDDER will also be required to sign the Letter of Assent that appears as Attachment A to the CWA. The undersign%1e as reviewed the Public Works Construction Permit and required deposit d .scrib a and the Notice of Inviting Bids. Signed: Title: President Firm: G.B. Cooke, Inc. Date: April 12, 2022 P-22 of P-22 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 21-2744 Santa Ana Zoo Goat Trail This CONSTRUCTION CONTRACT is made and entered into this 46 day of October, 2022 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 GB Cooke, Inc., (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 Santa Ana Zoo Goat Trail (hereinafter referred to as the "WORK OF IMPROVEMENT") identified in and in accordance with the Contracts Documents prepared by the City's Public Works Agency and approved by the City Council. 2. 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 Seven Hundred Twenty One Thousand Five Hundred and Thirty One Dollars and No Cents ($721,531.00), 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 may be deemed necessary or advisable. 1 of 3 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 21-2744 Santa Ana Zoo Goat Trail 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: (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, 2 of 3 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 21-2744 Santa Ana Zoo Goat Trail of any of the obligations under the Contract Documents; (iii) The construction activities of CONTRACTOR or its Subcontractors of any lower tier, either on the project site or on other properties; (iv) The payment or nonpayment by CONTRACTOR of any of its Subcontractors of any lower tier, for Work of Improvement performed on or off the project site; and (v) Any personal injury, property damage or economic loss to third persons related to and arising from the performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of the Work of Improvement. (vi) The indemnity obligations of Subcontractors provided by this Section shall be included in all subcontract documents issued by CONTRACTOR. Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in favor of CONTRACTOR against CITY or any other Indemnitee. IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: CITY OF SANTA ANA DAISY GOMEZ Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: sip 9)' T. 4- JOHN FUNK Assistant City Attorney RECOMMENDED FOR APPROVAL: NABIL SABA, PE Executive Director Public Works Agency KRISTINE RIDGE City Manager a oke, Inc. NAME: Brad Coc Title: President 3 of 3 EXHIBIT 4 COST ANALYSIS CONSTRUCTION OF PROJECT NO. 21-2744: Santa Ana Zoo Goat Trail Construction Contract $ 721,531.00 Contract Administration, Inspection and Testing $ 80,000.00 Contin encies $ 80,000.00 TOTAL ESTIMATED CONSTRUCTION COSTS 1 $ 881,531.00 PROJECT TITLE: Santa Ana Zoo Goat Trail PROJECT CATEGORY: City & Park Facility Improvements Zoo Facility CITY OF SANTA ANA FY22/23CIP CAPITAL IMPROVEMENT PROJECT WORKSHEET PROJECT DESCRIPTION: The scope of work involves excavation, grading to improve accessibility, freestanding steel goat trail structure, new theme element at goat interaction yard, expanded animal interaction yards, new and rehabilitated landscape at area of work, trees, irrigation, relocation of existing signage, and replacement of existing and new storm drain basins to improve drainage (existing storm drain system to remain). LOCATION MAP A N PROJECT NEED: The Crean Family Farm was opened in 2004 to share Orange County's agricultural heritage and a sensory experience of farm animal care. The Goat Trail project will align that goal with the zoo's values and mission by transforming the current visitor goat interaction yard (which keeps people to one side of a fence and farm animals on the other), and connecting people up close with animals in an experiential habitat. Direct contact with animals builds empathy for living things, provides a unique educational experience, and encourages close observation and investigation of the natural world. PROJECT COSTS FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 Construction 321,531 - - - - - - TOTAL 321,531 - - - - - - SOURCE OF FUNDS FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 PRCSA F&D 321,531 - - - - - - TOTAL 321,531 - - - - J AGENCY: DIVISION: CONTACT: DATE: Parks, Rec. & Community Services CIP Engineering Sean Thomas, Senior Civil Engineer 22-Aug-2022