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HomeMy WebLinkAboutItem 12 - Santa Ana Library Children's Patio RehabilitationPublic Works Agency and Library Services www.santa-ana.org/pw Item # 12 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report July 20, 2021 TOPIC: Santa Ana Library Children's Patio Rehabilitation AGENDA TITLE Award a Construction Contract to RS Construction & Development Inc. in the Amount of $632,251 for the Santa Ana Library Children's Patio FY 2020-21 Project with an Estimated Project Delivery Cost of $790,251 (Project No. 20-2500) (Non -General Fund) RECOMMENDED ACTION 1. Award a construction contract to RS Construction & Development Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $632,251, for construction of the Santa Ana Library Children's Patio FY 2020-21, for the term beginning July 20, 2021 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 $790,251, which includes $632,251 for the construction contract, $95,149 for contract administration, inspection and testing, and a $62,851 project contingency for unanticipated or unforeseen work. 3. Approve an amendment to the Fiscal Year 2021-22 Capital Improvement Program for $884,351, which includes $94,100 in preliminary engineering funds and $790,251 in construction funds, for the Santa Ana Library Children's Patio Project (No. 20- 2500). DISCUSSION The City's Main Library (Exhibit 1) was constructed in 1959 and has been regularly maintained over the years. The patio located outside the children's section of the Library was previously an open space for the community to bring their children to gather and read books. Due to public loitering, residents slowly began retreating from the space and the patio was fenced off. The Library Children's Patio renovation project will add a climbing playground structure to the patio, as well as lighting, hardscape, landscape, and irrigation. The non -linear site concept was implemented to create an interactive play and learning space for children. Once completed, this amenity will help to encourage the community to visit the Library and utilize this newly renovated space. Award Construction Contract to RS Construction & Development Inc. July 20, 2021 Page 2 Public Outreach and Contractor Participation To provide an opportunity for local vendors to submit bids, the City notified a total of 1,191 regional vendors via PlanetBids, many of which are Santa Ana based. Forty-nine vendors requested bidding documents, and a total of seven 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 May 29 and June 03, of 2021. The project was also advertised in PlanetBids from May 25, 2021 through June 16, 2021. Bids were received electronically via PlanetBids on June 16, 2021. Bid Results Summary RANK BIDDER'S NAME LOCATION BASE BID 1 RS Construction & Development Inc. Ontario $632,251.00 2 Aid Builders Inc. Los Alamitos $652,913.60 3 HYM Engineering, Inc. Fullerton $675,060.00 4 Nationwide Contracting Services Inc. Fountain Valley $678,786.20 5 Caliba Inc. Stanton $727,164.00 6 C.S. Legacy Construction Inc. Chino $735,619.00 7 MBC Enterprises Inc. Huntington Beach $791,500.80 A total of seven bids were received, and all were deemed responsive. RS Construction & Development Inc. submitted the lowest responsive base bid in the amount of $632,251 (Exhibit 2). As specified in the bid documents, the lowest bid shall be determined on the basis of the Base Bid. Based on the bid analysis and a contractor's reference check, staff recommends awarding the construction contract to RS Construction & Development Inc., in the amount of the base bid totaling $632,251 (Exhibit 3). 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 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 $790,251. Award Construction Contract to RS Construction & Development Inc. July 20, 2021 Page 3 Project Item Total Construction Contract $632,251 Construction Administration, Inspection, Testing $95,149 Contingencies $62,851 TOTAL CONSTRUCTION DELIVERY COST $790,251 ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER- 2021-63 was filed for the project. FISCAL IMPACT As indicated in the Cost Analysis, the estimated total construction delivery cost of the project is $790,251, which includes construction, contract administration, inspection, testing, and an authorized contingency. Project No. 20-2500 is the number assigned to the Project Plans and Specifications and the Notice Inviting Bids. Project No. 21-2742 is the number assigned to the funding for tracking of all expenditures to deliver the construction of this project. Funds for this project were appropriated in Fiscal Year 2020-21 and with the approval of the amendment to the FY 2020-21 Capital Improvement Program (Exhibit 5) will officially incorporate this project to the program. As part of the Citywide carry forward process, the Library Services Agency will submit to the Finance Department a request for these funds to be carried forward into Fiscal Year 2021-22. This carry forward request will be compiled with requests from other departments and will be presented to the City Council at a future date. The following table summarizes the funds budgeted and available for expenditure to deliver construction of this project. Fiscal Accounting Unit - Fund Accounting Unit -Account Year Account No. Description No. Description Amount (Project No.) 01213020-66220 Cannabis PRCSA/Library Youth 2021-22 (21-2742) Public Benefit Services, Improvements $790,251 Fund Other Than Building Total $790,251 EXHIBIT(S) 1. Location Map 2. Bid Proposal Award Construction Contract to RS Construction & Development Inc. July 20, 2021 Page 4 3. Construction Contract 4. Cost Analysis 5. FY 2021-22 Capital Improvement Program Sheet Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency and Brian Sternberg, Library Services Director — Library Services Approved By: Kristine Ridge, City Manager EXHIBIT 1 CIS EXISTING MAIN LIBRARY .,PROJECT LIMIT tits WNW SANTA ANA PROJECT 20-2500: SANTA ANA LIBRARY CHILDREN'S PATIO PAGE 1 OF 1 City of Santa Ana Santa Ana Library Children's Patio (Project #20-2500), bidding on 06/16/2021 2:00 PM (PDT) Page 1 of 3 Printed 06/16/2021 Bid Results Bidder Details Vendor Name RS Construction & Development Inc Address 218 West E Street Ontario, California 91762 United States Respondee Ricardo Serna Respondee Title President / Secretary Phone 909-920-1144 Email info@rscdinc.com Vendor Type CADIR License # 1005429 Bid Detail Bid Format Electronic Submitted 06/16/2021 1:56 PM (PDT) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 257853 Respondee Comment Buyer Comment Attachments File Title File Name File Type Non -Collusion Affidavit.pdf Nan -Collusion Affidavit.pdf Non -Collusion Affidavit (Notary Public) - REQ Original Hard Copy Submittal in Addition Bid Bond.pdf Bid Bond.pdf Bid Bond Guaranty (Notary Public) - REQ Original Hard Copy Submittal in Addition $$ Proposal.pdf $$ Proposal.pdf General Forms Ownership Affidavit.pdf Ownership Affiidavit.pdf Ownership Affidavit (Notary Public) - REQ Original Hard Copy Submittal in Addition PlanetBids, Inc. City of Santa Ana Page 2 of 3 Santa Ana Library Children's Patio (Project #20-2500), bidding on 06/16/2021 2:00 PM (PDT) Printed 06/16/2021 Line Items Discount Terms No Discount IE Item Type Item Description UOM CITY Una Price Line Total Response Commanl # Code TOTAL BASE BID (hams 1.32) 302.251-00 1 Cleanng and Gnbbing 115 1 W.110010 S12MO-00 Yes 2 Undassified Exeavalion CY 177 5f20.00 $21.240-00 Yes 3 Furnish and Instep 4' Area Drain EA 1 $6.80090 $6.800.00 Yes 4 Furnish and Install 6' Afaa Drain EA 3 32.250SI0 66.750.00 Yes 5 Furnish and Install 4' PVC 8DR 35 Prein b Pipe Finings LF 6 SM-00 VAQ6.00 Yes 6 Concrete P,3mq OF 643 $28.00 518.OD4.00 Yes T 8' Wide Concrete Curb LF 202 $18.00 S3,636.00 Yes 8 18' High Concrete Seal WaILPlaoler LF 25 S650.00 S16,250.00 Yes 9 18' High Connate Seal Wall LF 48 $550.00 526.40D 00 Yes 10 Rubberized Resilient Surlaang SF 1189 $22.00 S26158.00 Yes 11 Concrete Base far Resilient Surfacing OF 1189 $16.00 S21.402.00 Yes 12 Luckey Climber Playground SWelure LS 1 $230,000.00 S230,000.00 Yes 13 Luckey Climber Playground Slruclure - Fooling CY 9 $2,5tla-W 122,500.00 Yes 14 SEablli2ed Deem rposed Gra nil@ OF 284 $12.00 53,168.00 Yes 15 Boulders 2' EA 18 S180.00 S3,240.00 Yes 16 Boulders 4' EA 8 $620.00 33.720.00 Yes 17 Dry Stream Bed OF 211 S2300 S4,853.00 Yes 18 $yrnlhatic Turf SF 490 Woo 513,050-00 Yes 19 Paint E.isli% Fe -on LS 1 $5.800.110 $6,$130.00 YBs 20 3' Nlda Round Flagsl— Pavers EA 4 5850.01) 52,6woo Yes 21 Ccnorale Sealing Area —CMV Bieck with C-I.P Cap L$ 1 $28,000-00 826.000.00 tiles 22 Plaster at Cenuate Seating Area L$ 1 $10,80D.00 510.800.00 Yes 23 38, Canaoto wall LF 32 SIW-00 55.120.00 Yes 24 Inigation LS 1 S32,000.00 532.000.D0 Yes 25 Furnish and Install 15-Gallon Plant EA 6 $320-00 51,020.00 YBs 26 Fumish and Install 24' Box Trae EA 3 S660-00 52AA0.00 Yes. W Landscaping L8 1 $11.200-00 $11.200.00 Yes 26 90�Calendar Day Landscaping S Irrigation Maintenance Period LS 1 $550090 55,5W.00 Yes 2$ Eteciricat (Freight, Materials, and Labor) L$ 1 $63.500.00 563.W0.00 Yes 30 Oxmtnxdon Sign EA 1 $5,11011.0D S5,000.00 Yes 31 As Built Plans LS 1 $5kW-01) S5,000.00 Yes 32 Constnrctlon Permit Ls 1 S10,000.00 S10.17W.00 Yes Aslem;k Notes per P-4 of Specifications - NOT part of Base Bid Calculalion S0.00 Did not Y�4 ' = The quantify for Ibis bid item is shown for bid C@mparison only. This hid item shall n of be subject 10 the'25V limit as staled in ea 0 Sole $0.00 tiles lonale lE9m SaGiarn 3.2 of Iha Slandard Splxifira[ions. as speci0ed Did not 34 T = This No item is considered a Specially HBm par Sae[k]n 2.3.2 of the Standard 8peei6daliem . ea 0 $0.00 $0.00 Yas kieale Ilam as swiFt@d PlanetBids, Inc. City of Santa Ana Santa Ana Library Children's Patio (Project #20-2500), bidding on 06/16/2021 2:00 PM (PDT) Page 3 of 3 Printed 06/16/2021 Line Item Subtotals Section Title TOTAL BASE BID (Items 1-32) Asterisk Notes per P-4 of Specifications - NOT part of Base Bid Calculation Grand Total Line Total S632,251.00 MUD $632.251.00 PlanetBids, Inc. CITY OF SANTA ANA PROJECT 20-2500 PROPOSAL PROJECT NO.: 20-2500 SANTA ANA LIBRARY CHILDREN' S PATIO BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: RS Construction & Development 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 Clearing and Grubbing 1 LS $ $ 2 Unclassified Excavation 177 CY 3 Furnish and Install 4" Area Drain 1 EA $ $ 4 Furnish and Install 6" Area Drain 3 EA $ $ 5 Furnish and Install 4" PVC SDR 35 Drain & Pipe Fittings 6 LF $ $ 6 Concrete Paving 643 SF $ $ 7 6" Wide Concrete Curb 202 LF $ $ 8 18" High Concrete Seat Wall/Planter 25 LF $ $ 9 18" High Concrete Seat Wall 48 LF 10 Rubberized Resilient Surfacing 1,189 SF $ $ 11 Concrete Base for Resilient Surfacing 1,189 SF 12 Luckey Climber Playground Structure 1 LS $ $ 13 Luckey Climber Playground Structure - Footing 9 CY $ $ 14 Stabilized Decomposed Granite 264 SF $ $ P-1 of P-18 ADDENDUM No. ONE CITY OF SANTA ANA PROJECT 20-2500 PROPOSAL PROJECT NO.: 20-2500 SANTA ANA LIBRARY CHILDREN'S PATIO Item Description Qty Unit Unit Price Amount 15 Boulders 2' 18 EA $ $ 16 Boulders 4' 6 EA $ $ 17 Dry Stream Bed 211 SF $ $ 18 Synthetic Turf 450 SF $ $ 19 Paint Existing Fence 1 LS $ $ 20 3' Wide Round Flagstone Pavers 4 EA $ $ 21 Concrete Seating Area — CMU Block with C.I.P Cap 1 LS $ $ 22 Plaster at Concrete Seating Area 1 LS $ $ 23 36" Concrete Wall 32 LF $ $ 24 Irrigation 1 LS $ $ 25 Furnish and Install 15-Gallon Plant 6 EA $ $ 26 Furnish and Install 24" Box Tree 3 EA $ $ 27 Landscaping 1 LS $ $ 28 90-Calendar Day Landscaping & Irrigation Maintenance Period 1 LS $ $ 29 Electrical (Freight, Materials, and Labor) 1 LS $ $ 30 Construction Sign 1 EA $ $ 31 As -Built Plans 1 LS $5,000 $ 32 Construction Permit 1 LS $10,000 $ P-2 of P-18 CITY OF SANTA ANA PROJECT 20-2500 PROPOSAL PROJECT NO.: 20-2500 SANTA ANA LIBRARY CHILDREN'S PATIO TOTAL BASE BID (Items 1-32) $ 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 LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within number (75) working days after the commencement date stated in the Notice to Proceed. The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $1,040 per calendar day. Name of Firm RS Construction & Development Inc Signature of BIDDER Title President / Secretary (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-18 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-2500 SANTA ANA LIBRARY CHILDREN'S PATIO 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 RS Construction & Development Inc Signature of BIDDER Title President / Secretary (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-18 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-2500 SANTA ANA LIBRARY CHILDREN'S PATIO 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: RS Construction & Development Inc Business Address: 218 West E Street, Ontario, CA 91762 Business E-Mail Address: info@rscdinc.com Telephone: (909) 920-1144 State Contractor's License No. and Class: 1005429 License Expiration Date: 10/31 /2021 State Dept. of Industrial Relations (DIR) Registration No.: State Dept. of Industrial Relations (DIR) Registration Expiration Date: Signed. Title: President / Secretary 1000053445 6/30/2021 P-5 of P-18 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-2500 SANTA ANA LIBRARY CHILDREN'S PATIO 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 Finn RS Construction & Development Inc Signature of BIDDER Title President / Secretary (if an individual, so state) P-6 of P-18 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-2500 SANTA ANA LIBRARY CHILDREN'S PATIO 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 J MILLER ELECTRIC INC Name License #/Exp. 730588 - 12/31/2022 License #/Exp. DIR Reg. #/Exp. 1000007878 - 6/30/2022 DIR Reg. #/Exp. Location P O BOX 403839, HESPERIA, CA 92340-3839 Location Phone (760) 949-6491 Phone Type Of Work Electrical Type Of Work Amount $ $52300 Amount $ Name HARDY LANDSCAPE CONSTRUCTION INC License #/Exp. 905954 - 11/30/2021 DIR Reg. #/Exp. 1000042805 - 6/30/2022 License # 905954 Location 21520 AMBUSHERS STREET, DIAMOND BAR, CA 91765 Phone (909)632-6052 Type Of Work Landscaping Amount $ $41,920 Name License #/Exp. DIR Reg. #/Exp. License # _ Location _ Phone Type Of Work Amount $ Signature of Bidder 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-9 of P-18 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-2500 SANTA ANA LIBRARY CHILDREN' S PATIO 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. City of Alhambra I I I I South First Street, Alhambra, CA 91801 Name and Address of Owner. Michael Macias (626) 570-5044 Name and Telephone Number of person familiar with project. $293,155 Public Works - Remodel Contract Amount Type of Work 2. Fontana Unified School District 19680 Citrus Avenue, Fontana, CA 92335 9/7/2020 Date Completed Name and Address of owner. Timothy J. DeLand (909) 357-7528, ext. 29456 Name and Telephone Number of person familiar with project. $2809000 Public Works - Remodel 7/29/2020 Contract Amount Type of Work Date Completed 3. City of Cudahy) 5220 Santa Ana St Cudahy CA 90201 Name and Address of owner. Aaron Hernandez -Torres (323) 773-5143 Ext. 228 Name and Telephone Number of person familiar with project. $288,556 Contract Amount Public Works - Remodel Type of Work 7/30/2020 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. C&D Bonding & Insurance Services I Kevin Vega 1 534 E. Badillo Street, Covina, CA 91723 1 (626) 859-1000 The Ohio Casualty Insurance Company 1 790 The City Drive South #200 Orange, CA 92868 1 (714) 450-1245 P-10 of P-18 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-2500 SANTA ANA LIBRARY CHILDREN'S PATIO 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 Palm Desert 1 73510 Fred Waring Drive, Palm Desert, CA 92260 Name and Address of Owner. Randy Bowman (760) 346-0611 Name and Telephone Number of person familiar with project. $215,000 Public Works - Remodel 12/10/2020 Contract Amount Type of Work Date Completed 2. City of Azusa 1 213 E Foothill Blvd, Azusa, CA 91702 Name and Address of owner. Danny Smith (626) 812-5283 Name and Telephone Number of person familiar with project. $340 000 Public Works - Remodel 2/15/2020 Contract Amount Type of Work City of Santa Ana 120 Civic Center Plaza, Santa Ana, CA 92701 Name and Address of owner. Tyrone Chesanek (714) 615.0887 Name and Telephone Number of person familiar with project. $90,000 Contract Amount Public Works - Renovation Type of Work Date Completed Date Completed 8/2/2019 . The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. C&D Bonding & Insurance Services I Kevin Vega 1 534 E. Badillo Street, Covina, CA 91723 1 (626) 859-1000 The Ohio Casualty Insurance Company 1 790 The City Drive South #200 Orange, CA 92868 1 714-450-1245 P-11 of P-18 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-2500 SANTA ANA LIBRARY CHILDREN'S PATIO NON-DISCRIMINATION CERTIFICATE The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall 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. 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. 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-18 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-2500 SANTA ANA LIBRARY CHILDREN' S PATIO 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: President / Secretary Firm: RS Construction & Development Inc Date: 06/ 16/2021 P-14 of P-18 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-2500 SANTA ANA LIBRARY CHILDREN' S PATIO 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: .��,�,�•- Title: President / Secretary Firm: RS Construction & Development Inc Date: 06/16/2021 P-15 of P-18 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-2500 SANTA ANA LIBRARY CHILDREN' S PATIO 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: President / Secretary Firm: RS Construction & Development Inc Date: 06/ 16/2021 P-16 of P-18 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-2500 SANTA ANA LIBRARY CHILDREN'S PATIO PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE In conformance with Public Contract Code Section 10162, the BIDDER shall complete, under penalty of perjury, the following questionnaire: Has the BIDDER, any officer of the BIDDER, or any employee of the BIDDER who has a proprietary interest in the BIDDER, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No X If the answer is yes, explain the circumstances in the following space. N/A P-17 of P-18 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-2500 SANTA ANA LIBRARY CHILDREN'S PATIO 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 undersigned BIDDER has reviewed the Public Works Construction Permit and required deposit described in Section 2-2a and the Notice of Inviting Bids. Signed: Title: President / Secretary Firm: RS Construction & Development Inc Date: 06/16/2021 P-18 of P-18 CITY OF SANTA ANA EXHIBIT 3 CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 20-2500 SANTA ANA LIBRARY CHILDREN' S PATIO This CONSTRUCTION CONTRACT is made and entered into this 201" day of July, 2021 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 RS Construction & Development 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 Library Children's Patio project (hereinafter referred to as the "WORK OF IMPROVEMENT") identified in and in accordance with the Contract Documents prepared by the City's Public Works Agency and approved by the City Council. 2. The complete Construction Contract consists of the "Contract Documents" as defined by the Standard Specifications for Public Works Construction and which include the following: ■ Notice Inviting Bids + Information to Bidders + Bid Proposal Bid Bond r 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 Thirty -Two Thousand Two Hundred Fifty -One and No Cents ($632,251.00), 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.: 20-2500 SANTA ANA LIBRARY CHILDREN' S PATIO 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: h!Ltp://www.santa-atia.oMwa/doGumenWCWA. df 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.: 20-2500 SANTA ANA LIBRARY CHILDREN' S PATIO 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: DAISY GOMEZ Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By:, �4 _ ?ik L- J N 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: RS Construction & Development Inc. By: Title: 3 of 3 EXHIBIT A Bid Results Bidder Details Vendor Name RS Construction & Development Inc Address 218 West E Street Ontario, California 91762 United States Respondee Ricardo Serna Respondee Title President / Secretary Phone 909-920-1144 Email info@rscdinc.com Vendor Type CADIR License # 1005429 Bid Detail Bid Format Electronic Submitted 06/16/2021 1:56 PM (PDT) Delivery Method Bid Responsive Bid Status Submitted Confirmatlon # 257853 Respondee Comment Buyer Comment Attachments File Title File Name File Type Non -Collusion Affidavit.pdf Non -Collusion Affidavit.pdf Non -Collusion Affidavit (Notary Public) - REQ Original Hard Copy Submittal in Addition Bid Bond.pdf Bid Bond.pdf Bid Bond Guaranty (Notary Public) - REQ Original Hard Copy Submittal in Addition $$ Proposal.pdf $$ Proposal.pdf General Forms Ownership Affidavit.pdf Ownership Affidavit.pdf Ownership Affidavit (Notary Public) - REQ Original Hard Copy Submittal in Addition Line Items Discount Terms No Discount hem Item Type Ilonr Doscnpllon UOhI OTY Unit Pnco Line Total Response Commanl 4 Code TOTAL BASE BID dlems 1-321, P32251 00 I Cleaning and Grubbing Is 1 $12 000 00 S12 OOU OD Yes 2 Unclassrhad Excavation CY 177 $12000 521 240 00 Yes 3 Furnish and Install 4 Area Drain EA 1 S6 Boo 00 $6 800 00 Yes J Furnish and Install 6 Area Drain EA 3 $2 250 00 $6 750 00 Yes 5 Furnish and Install 4' PVC SDR 35 Drain 8 Prpu Fillings LF 6 $800 OD 3360000 Yes 0 Concroto Paving SF 643 $2600 $18.00400 Yes 7 6- Wide Con —in Curb LF 202 S1 B 00 S3 636 00 Yes 8 18- High Coneroto Seat WjlI,Pianler LF 25 S650 00 $16 250 00 Yes 9 18 High Condole Seat Wall LF 48 S550 00 $26 400 00 Yos 10 Rubbonzod ResNoul Surlaan9 SF 1189 $22 00 526 156 00 Yes I I Concrolo Base for Resdienl Suirf—ho SF 1189 SiB 00 S21 40200 Yes 12 Luckoy C6mbor Playground Sbuchuo LS 1 $230 000 00 9230 NO 00 Yes 13 Luckoy Climber Playground Structure - Fooling CY B $2 500 00 $22 50000 Yes 14 Stabilized Decomposed Grnnde SF 264 $12 00 S3 16B 00 Yes 15 Boulders 2 EA 18 51 B0 00 S3 240 00 Yes 10 Boulders 4 EA o S620 00 $3 72000 Yes 17 DryStream Bed SF 211 523.00 $1853.00 Yes IB Synlhehc Twl SF 150 $2900 $1305000 Yes 19 Paint E.isung Far— LS 1 s6 Boo 00 5680000 Yes 20 .3 Wrde Round Flagstone Pavers EA 4 $550 00 52,60D 00 Yes 21 Comet. Seating Area - CNIU Block wdh C I P Cap LS I $28,000 00 $28 0W 00 Yes 22 Plaster ar Cencrele Sealing Area LS 1 $10,80000 510 B0000 Yes 23 36 C.D.O. Wall LF 32 S1BL7 00 S5 IN 00 Yes 2.1 Irrigation LS 1 $32 000 00 $32 COO 00 Yes 25 Furnish and Insta'I 15Cailan Plant EA o $320 00 $1 92000 Yes 26 F,,mish ono Instant 24 Boy Tree EA 3 56M 00 S2 040 LID Yes 27 Lanclseaping LS I S1120000 S11200 DO Yes 28 90-Calendar Day Landscaping 6 Irrigation h1aimmnanc0 Ponod LS 1 $5 500 DO S5 50000 Yos 29 EioeOiCal (Fiorghl Malouals and Labor) LS I $63,50000 $6350000 Yes 30 Conslrl:chun Sgu EA 1 $5 NO175 S500000 Yes 31 As-Burll Plans LS 1 S5 i",o 5500000 Yes 32 Construction Pi LS I $1000000 $1000000 Yes Asrensk Notos Ix• P.4 el Spuci6catiens - NOT part of Baso Bid CalcWauar SON ' = The guantlry for Ihls bid Item ,s sh(11sn for M companson only Th15 Did Dom shall nor no.subtorl 10 rho 75 �-,-limit as slat in D.yr r;f 33 Section 3-2 0l Iho SlandarU Spoohca;lolls ea 0 50 00 $0 00 Yes —1. r,5rn is sp-i Cli i m 34 f = This Did ran s Spcv--sally Item per So,u— 2-3 7 of the Sia nda,J Specd—unns w •S solo SO 00 Yes . a - as.occihr d Line Item SubtlWals Secdon TIUe Line Total TOTAL BASE BID Items 1-32) 5632, 251.00 Asteiisk Notes per P-4 of Specdlcations - NOT earl of Base B!d GaICWaGon $0 00 Oraca Total $632,251,00 ADDENDUNvi No ONE CITY OF SANTA ANA PROJECT 20-2500 PROPOSAL PROJECT NO.: 20-2500 SANTA ANA LIBRARY CHILDR> N'S PATIO TOTAL BASE BID (Items =1-32)$ 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 COMPLE-110N OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within number 75working 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 $11040 per calendar day. Name of Firm RS Construction & Development Inc Signature of BIDDER ��J_- - Title President / Secretary (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-18 COST ANALYSIS CONSTRUCTION OF THE PROJECT NO. 20-2500: SANTA ANA LIBRARY CHILDREN'S PATIO Construction Contract $ 632,251.00 Contract Administration, Inspection and Testing $ 95,149.00 Contingencies $ 62,851.00 TOTAL ESTIMATED CONSTRUCTION COSTS 1 $ 790,251.00 EXHIBIT 4 PROJECT TITLE: Santa Ana Library Children's Patio PROJECT CATEGORY: City Facility Improvements - Park Facility Improvements LOCATION MAP NO LOCATIONS DEFINED FW CITY OF SANTA ANA FY 21/22 CIP CAPITAL IMPROVEMENT PROJECT WORKSHEET PROJECT DESCRIPTION: This project includes the installation of a Luckey Climber Play Structure located in the patio right outside of the Children's Section of the library. The patio improvements also include hardscape, landscape, irrigation, and site lighting. 0 PROJECT NEED: Due to public loitering, residents slowly started retreating from the space, which lead to the patio getting fenced off. Renovating the enclosed area will bring back life to the patio and allow families to enjoy the many services the Library provides. The center of the patio will include a Luckey Climber play structure, which is designed to facilitate early education and learning through play, along with opportunities for children to improve their fine and gross motor skill development. PROJECT COSTS FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 Construction $790,251 Engineering $94,100 TOTAL $884,351 SOURCE OF FUNDS FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 CA RESOURCES $884,351 AGENCY GRANT TOTAL $884,351 AGENCY DIVISION: CONTACT: DATE: Parks, Rec. & Community Services Design Engineering Sean Thomas, Senior Civil Engineer 18-Jun-2021 - 1 -