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Item # 14
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 5, 2022
TOPIC: Stormwater Channel Fencing Upgrades Phase II Project
AGENDA TITLE
Approve an Appropriation Adjustment and Award a Construction Contract to Lightning
Fence Company, Inc. in the Amount of $669,348 for the Stormwater Channel Fencing
Upgrades Phase II FY 2021-22 Project with an Estimated Construction Delivery Cost of
$849,348 and a total Project Delivery Cost of $950,000 (Project No. 22-1390) (Non -
General Fund) (Revive Santa Ana Program)
RECOMMENDED ACTION
1. Approve an adjustment to the Revive Santa Ana spending plan in the amount of
$200,000 and approve an appropriation adjustment, moving funding from Reserve
for Revenue Loss Allocation to the Stormwater Channel Fencing Upgrades Phase II
Project. (Requires five affirmative votes)
2. Approve an amendment to the Fiscal Year 2021-22 Capital Improvement Program to
include $950,000 of funding in American Rescue Plan Funds for the Stormwater
Channel Fencing Upgrades Phase II Project.
3. Award a construction contract to Lightning Fence Company, Inc., the lowest
responsible bidder, in accordance with the base bid in the amount of $669,348, for
construction of the Stormwater Channel Fencing Upgrades Phase II FY 2021-22
Project, for the term beginning April 5, 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.
4. Approve the Project Cost Analysis for a total estimated project delivery cost of
$950,000, which includes $669,348 for the construction contract, $55,000 for contract
administration, inspection and testing, $125,000 project contingency for
unanticipated or unforeseen work, and $100,652 for Design Engineering.
DISCUSSION
The Stormwater Channel Fencing Upgrades Phase II FY 2021-22 Project involves the
installation of new secure fencing along City -owned stormwater channels. The two
channels receiving new fencing as part of this project are the Fairview Channel (Edinger
Stormwater Channel Fencing Upgrades Phase II Project
April 5, 2022
Page 2
Avenue to McFadden Avenue) and the C-5-F Channel (Harbor Boulevard to Corta Drive)
(Exhibit 1). The existing chain link fencing along City -owned stormwater channels is
dilapidated and subject to trespassing. The installation of the new secure fencing will
reduce water pollution, enhance public safety, and improve the aesthetics of stormwater
channels.
Public Outreach and Contractor Participation
To provide an opportunity for local vendors to submit bids, a Notice Inviting Bids was
advertised in the Orange County Register newspaper on January 7 and January 14, 2022.
The project was also advertised on PlanetBids, and bids were received electronically via
PlanetBids on February 1, 2022.
The City notified a total of 1,436 regional vendors via PlanetBids, 83 of which are Santa
Ana based. Forty-six vendors requested bidding documents. A total of 10 bids were
received. However, no bids were received from Santa Ana contractors.
Bid Results Summ
RANK
BIDDER'S NAME
LOCATION
BASE BID
1
Lightning Fence Company, Inc.
Escondido
$669,348.00
2
Quality Fence Co Inc.
Paramount
$699,273.00
3
J & A Engineering Corp.
Azusa
$794,508.00
4
AZ Construction Inc. Dba ACE
Fence Company
La Puente
$831,958.00
5
Izurieta Fence Company, Inc.
Los Angeles
$923,372.08
6
Diamond Construction and Design.
La Habra
$950,742.00
7
C.S. Legacy Construction, Inc.
Chino
$975,476.67
8
Bellakai Construction
Carlsbad
$1,053,258.00
9
Sierra Pacific Fence, Inc.
Vista
$1,090,145.31
10
Econo Fence, Inc.
Riverside
$1,241,629.00
A total of ten bids were received, all of which were deemed responsive. Lightning Fence
Company, Inc. submitted the lowest responsive base bid in the amount of $669,348
(Exhibit 2). As specified in the bid documents, the lowest bid shall be determined by the
Base Bid. In the past five years, Lightning Fence Company, Inc. has performed sidewalk
and fence installation work for the City's Parks, Recreation, and Community Services
Agency. Based on the bid analysis and a contractor's reference check, staff recommends
Stormwater Channel Fencing Upgrades Phase II Project
April 5, 2022
Page 3
awarding the construction contract to Lightning Fence Company, Inc. in the amount of the
base bid totaling $669,348 (Exhibit 3).
Project Delivery
To deliver a complete project, in addition to the construction contract, the estimated total
project delivery cost includes design engineering, 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 delivery
cost of the project is $950,000. The project contingency is higher than normal to address
anticipated issues with fencing and trespassing at locations outside the original scope of
work.
Project Item
Total
Construction Contract
$669,348
Construction Administration, Inspection, Testing
$55,000
Contingencies
$125,000
Design Engineering
$100,652
TOTAL CONSTRUCTION DELIVERY COST
$950,000
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the recommended actions
are exempt from further review. Categorical Exemption Environmental Review No. ER-
2021-125 was filed for the project.
FISCAL IMPACT
On July 20, 2021, the City Council approved the Revive Santa Ana Spending Plan and
appropriated $750,000 of American Rescue Plan Act (ARPA) funding for Design and
Construction of this project. With the approval of the amendment to the Fiscal Year 2021-
22 Capital Improvement Program will officially incorporate this project into the program.
With approval of the $200,000 Appropriation Adjustment, to move the funding from
Reserve for Revenue Loss Allocation account (No. 18110013-69011) to the Stormwater
Channel Fencing Upgrades Phase II Project account (No. 18117013-66220), the new
total project budget will be $950,000 (Exhibit 5). As indicated in the Cost Analysis, the
estimated total construction delivery cost of the project is $849,348, which includes
construction, contract administration, inspection, testing, and an authorized contingency.
The remaining $100,652 was allocated for project Design Engineering.
The following table summarizes the funds budgeted and available for expenditure to
deliver this project.
Stormwater Channel Fencing Upgrades Phase II Project
April 5, 2022
Page 4
Fiscal
Accounting Unit -
Fund
Accounting Unit -Account
Year
Account No.
Description
No. Description
Amount
Project No.)
APPROPRIATION ADJUSTMENT
18117013-66220
American
ARPA-PWA,
2021-22
(22-1390)
Rescue Plan
Improvements Other Than
$200,000
Act
Building
EXISTING PROJECT BUDGET
18117013-66220
American
ARPA-PWA,
2021-22
(22-1390)
Rescue Plan
Improvements Other Than
$750,000
Act
Building
Total
$950,000
EXHIBIT(S)
1.
Location Map
2.
Bid Proposal
3.
Construction Contract
4.
Cost Analysis
5.
FY 2021-22 CIP Sheet
Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency
Approved By: Kristine Ridge, City Manager
EXHIBIT 1
Legend
� -Project Locations
SANTA ANA
i Project No. 22-1390:
u7mi
Stormwater Fencing Upgrades Phase II
PUBLIC WORKS AGENCY
ADDENDUM NO. 2
CITY OF SANTA ANA PROJECT NO.22-1390
PROPOSAL
PROJECT NO.: 22-1390
STORMWATER CHANNEL FENCING UPGRADES PHASE II
BID PROPOSAL
TO: CITY COUNCIL OF THE CITY OF SANTA ANA
FROM: L10-1*M-A:LWr.-,- �_ `.0 I t� L
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
I
Remove and Dispose existing chain link
3,960
LF
$
$
fence, posts and foundations, complete.
`1
- qo
2
Furnish and Install, complete, 8-Foot High
3,960
LF
$
$
Securifor 4D fence and concrete foundation
per plan.
13r?
512 j 2-0
3
Furnish and Install Complete 8-Foot High by
10
EA
$
$
6-Foot Wide Securifor 4D single swing gate
per plan.
_
$ QO0
$u 000
4
Furnish and Install sign on fence (CSA).
13
EA
$
$
�D ^
900 r
5
Traffic Signs.
24
EA
$ 2�0 -
$ r
6,600
6
Pedestrian Barricade.
2
EA
_ _
7
Vandalism - Maintenance Period (90
1
LS
$15,000
$
Calendar Days).
t500(��
8
Mobilization
1
LS
$
$
9
Construction Permit
I
LS
$9,288
$9,288
10
Project Sign
1
LS
$
ow
P-1 of P-17
ADDENDUM NO. 2
CITY OF SANTA ANA PROJECT NO.22-1390
PROPOSAL
PROJECT NO.: 22-1390
STORMWATER CHANNEL FENCING UPGRADES PHASE II
TOTAL BASE BID $ l o 3 (48
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 2-3.2 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 170 working days fter the commencement date stated in the Notice to
Proceed. The first 80 working days of which is for construction, and the last 90 working days for
the vandalism -maintenance period. The contractor shall order any material specified in the
contract document requiring a long lead-time immediately after the Notice to Proceed. The
lead-time for the items is including in the total working days.
The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the
Standard Specifications, shall be $1,300 per calendar day.
Name of Firm
Signature of B11
Title ;�stjal .Jt'
(If an individual, so state. If a firm or co -partnership, state the firm name and give the names of
all individual co-partners composing the firm. If a corporation, state legal name of corporation,
and names of President, Secretary, Treasurer and Manager, thereof.)
P-2 of P-17
CITY OF SANTA ANA
CONSTRUCTION CONTRACT
PROJECT 22-1390
STORMWATER CHANNEL FENCING UPGRADES PHASE II
This CONSTRUCTION CONTRACT is made and entered into this P day of April, 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 Lightning Fence Company,
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 Stormwater Channel Fencing Upgrades Phase II (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 Six Hundred Sixty Nine Thousand Three
Hundred Forty -Eight Dollars and No Cents ($669,348.00), 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.
rev. 09l01/2017 Page 1 of 3
4. CONTRACTOR agrees to complete the WORK OF IMPROVEMENT within the time specified in
the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit "A") including
commencing construction within the timeframe therein specified after issuance of a Notice to Proceed.
5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the WORK
OF IMPROVEMENT a salary or wage at least equal to the prevailing salary or wage established for
such work as set forth in the wage determinations for this work in accordance with applicable State
and Federal law.
6. If applicable, the CONTRACTOR shall adhere to the CITY'S Community Workforce Agreement
(CWA), a pre -hire collective bargaining agreement, which establishes the labor relations policies and
procedures for CONTRACTOR to follow in the crafts persons employed to complete the WORK OF
IMPROVEMENT as more fully described in the CWA. The CWA may be found on the City's website
at: http://www.santa-ana.org/pwa/documents/CWA.pdf
7. CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY,
one in the amount of One Hundred Percent (100%) of the Contract price, to guarantee the faithful
performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100%)
of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment
Bond). This Contract shall not become effective until such bonds are supplied to and approved by the
CITY.
8. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention
payment, furnish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond
shall also be required as a condition of project acceptance. For projects up to Five Hundred Thousand
Dollars ($500,000), the Warranty Bond amount shall be the greater of Ten Thousand Dollars ($10,000)
or Twenty Percent (20%) of the final contract price. For projects above Five Hundred Thousand
Dollars ($500,000), the Warranty Bond amount shall be the greater of One Hundred Thousand Dollars
($100,000) or Ten Percent (10%) of the final contract price.
9. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and
Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY.
10. INDEMNIFICATION.
To the fullest extent allowed by law, CONTRACTOR and its Subcontractors hereby agree to defend,
indemnify, and hold harmless CITY, its City Council, boards and commissions, officers, agents,
employees, representatives and volunteers (hereinafter collectively referred to as "Indemnitees"),
through legal counsel acceptable to CITY, from and against any liability, claims, actions, costs,
damages or losses, including reasonable costs and attorney's fees, for injury, including death to any
person or damage to any property, arising directly or indirectly from, or in any manner relating to, any
of the following:
(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:
DAISY GOMEZ
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By: d7�' �V. 1��
JOHN FUNK
Senior Assistant City Attorney
RECOMMENDED FOR APPROVAL:
NABIL SABA, PE
Executive Director
Public Works Agency
CITY OF SANTA ANA
KRISTINE RIDGE
City Manager
CONTRACTOR:
Lightning Fence Compa Inc.
TITLE:
Page 3 of 3
ADDENDUM NO. 2
CITY OF SANTA A PROJECT NO. 22-1390
PROPOSAL
PROJECT NO.: 22-1390 Exhibit A
STORMWATER CHANNEL FENCING UPGRADES PHASE 11
BID PROPOSAL
TO: CITY COUNCIL OF TUE CITY OF SA TA ANA
IlAe--
REQUMMENT:
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
I
Remove and Dispose existing chain link
3,960
LF
$
$
fence, posts and foundations, complete,
C�
Furnish and Install, complete, 8-Foot High
3,960
LF
$
$
Securifor 4D fence and concrete foundation
per plan.
qJ 7 IS20
3
Furnish and Install Complete 8-Foot High by
to
EA
$
$
6-Foot Wide Securifor 4D single swing gate
per plan.
:5
4
Furnish and Install sip on fence (CSA),
13
EA
$
$
1
tt
900 -
5
Traffic Signs.
24
EA
$
6
Pedestrian Barricade.
2
EA
iuv
7
Vandalism - Maintenance.Period (90
1
LS
$15,
Calendar Days).
8
Mobilization
I
LS
s
'I
> o0o
��000
9
Construction Permit
I
LS
$9,288
$9,288
10
Project Sign
1
I
$
10D
I, 00o
P-1 of P-17
ADDENDUM NO. 2
CITY OF SANTA ANA PROJECT NO. 22-1390
PROPOSAL
PROJECT NO.: 22-1390
STORMWATER CHANNEL FENCING UPGRADES PHASE 11
TOTAL BASE BUD J$ L "i 3LI 8
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.
f This bid item is considered a Specialty Item per Section 2-3.2 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 170 working days after the commencement date stated in the Notice to
Proceed. The first 80 working days of which is for construction, and the last 90 working days for
the vandalism -maintenance period. The contractor shall order any material specified in the
contract document requiring a long lead-time immediately after the Notice to Proceed. The
lead-time for the items is including in the total worldng days.
The liquidated d6mages amount, in lieu of the amount specified in Subsection 6-9 of the
Standard Specifications, shall be $1,300 per calendar day.
Name
Signat
Title
(If an i
all individual co-partners composing the firm. If a corporation, state legal name of corporation,
and names of President, Secretary, Treasurer and Manager, thereof.)
P-2 of P-17
COST ANALYSIS
CONSTRUCTION OF PROJECT NO. 22-1390: Stormwater Fencing Upgrades
Phase II
Construction Contract
$
669,348.00
Contract Administration, Inspection and Testing
$
55,000.00
Contingencies
$
125,000.00
Design Engineering
$
100,652.00
TOTAL ESTIMATED CONSTRUCTION COSTS
$
950,000.00
PROJECT TITLE:
Stormwater Channel Fencing
Upgrades Ph //
PROJECT CATEGORY:
Utility/Drainage/Lighting
Improvements
Storm Drain/Water Quality
LOCATION MAP A
N
AGENCY:
Public Works
CITY OF SANTA ANA FY21/22CIP
CAPITAL IMPROVEMENT PROJECT WORKSHEET
PROJECT DESCRIPTION:
Installation of new secure fencing along City -owned stormwater
channels.
PROJECT NEED:
Existing chain link fencing is dilapidated and subject to trespassing.
The installation of the new secure fencing will reduce water pollution,
enhance public safety, and improve the aesthetics of stormwater
channels.
PROJECT COSTS FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28
Construction 850,000 - - - - - -
Engineering 100,000
TOTAL 950,000 - - -
SOURCE OF FUNDS FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28
950,000 - - - - - -
TOTAL 950,000 - - - - -
DIVISION:
C/P Engineering
CONTACT:
Craig Foster, NPDES Manager
DATE:
15-Mar-2022