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HomeMy WebLinkAboutItem 26 - Construction Contract for Outdoor Library at Jerome Park ProjectPublic Works Agency www.santa-ana.org/public-works Item # 26 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report August 20, 2024 TOPIC: Outdoor Library at Jerome Park AGENDA TITLE Construction Contract with Legion Contractors, Inc. for the Outdoor Library at Jerome Park Project (Project No. 22-1381 & 25-7523) (General Fund and Non -General Fund) (Revive Santa Ana) RECOMMENDED ACTION Approve an amendment to the Fiscal Year 2024-25 Capital Improvement Program to include $3,270,040 of various funding sources listed below for the Outdoor Library at Jerome Park. 2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $3,720,040, which includes $3,336,400 for the construction contract, $50,000 for contract administration, inspection, and testing, and a $333,640 project contingency for unanticipated or unforeseen work. 3. Award a construction contract to Legion Contractors, Inc. the lowest responsible bidder, in accordance with the base bid and alternate bid in the amount of $3,336,400, subject to change orders in accordance with the Greenbook: Standard Specifications for Public Works Construction, for construction of the Outdoor Library at Jerome Park Project, for a term beginning August 20, 2024, and ending upon project completion, and authorize the City Manager to execute the contract. 4. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER-2024-34 was filed for Project 22-1381. GOVERNMENT CODE 484308 APPLIES: No DISCUSSION The Public Works Agency (PWA) maintains most City facilities, including the parks throughout the City of Santa Ana, and delivers a variety of capital improvement projects. The Outdoor Library at Jerome Park Project aims to activate and revitalize the existing Outdoor Library at Jerome Park Project August 20, 2024 Page 2 park located at the northeast corner of Center Street and McFadden Avenue (Exhibit 1) into an innovative educational and recreational space with various new amenities catered to serve the surrounding community. This project features a Santa Ana-themed "satellite library" book kiosk and custom lockable shelter, a children's trike play track to encourage awareness of street and traffic safety, new pedestrian concrete pathways, a "story walk" with library themed signage to help residents learn about water conservation, and new multigenerational playground equipment. The scope of work includes excavation, grading, installation of the library kiosk, playground equipment, concrete sidewalks, concrete accessible curb ramps, resurfacing an existing parking lot, drought -tolerant landscaping, irrigation, overall site lighting, security camera, and signing and striping. These improvements will enhance the health and wellness of the surrounding community by providing new and upgraded educational and recreational activities that will advance safety, equity, access, and support for Santa Ana's disproportionately impacted children and families. Public Outreach and Contractor Participation To provide an opportunity for local vendors to submit bids, the City notified a total of 60 regional vendors via PlanetBids, many of which are Santa Ana based. A total of five bids were received. No bids were received from a Santa Ana contractor. As legally required, a Notice Inviting Bids was advertised in the Orange County Register newspaper on June 5 and June 12, 2024. The project was also advertised in PlanetBids from June 5 through June 26, 2024. Bids were received electronically via PlanetBids on June 26, 2024. No bid protest was submitted by any of the bidders during the bid protest period. Bid Results Summ Rank Bidder's Name Location Base Bid + Alternate Bid 1 Legion Contractors, Inc. Irvine, CA $3,336,400 2 C.S. Legacy Construction, Inc. Walnut, CA $3,488,950 3 DOJA, Inc. Ontario, CA $3,626,570 4 MBC Enterprises, Inc. Westminster, CA $4,311,189 5 The Nazerian Group Encino, CA $4,654,123 A total of five bids were received and all were deemed responsive. Legion Contractors, Inc. submitted the lowest responsive base bid in the amount of $3,276,400 (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 Outdoor Library at Jerome Park Project August 20, 2024 Page 3 recommends awarding the construction contract with the alternate bid to Legion Contractors, Inc. (Exhibit 3). Legion Contractors, Inc. has previously performed work as a prime contractor in the City of Santa Ana within the last five years, most recently the Standard -McFadden (Gerardo Mouet) Park project. A reference check was made internally with staff and good reviews were received regarding the quality of work performed by the contractor on the previous project. 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 labor requirements; inspection of the Contractor's work to ensure contract compliance, workmanship, and quality; and materials testing. As indicated in the Cost Analysis (Exhibit 4) and as summarized in the table below, the estimated total construction delivery cost of the project is $3,720,040. Project Item Total Construction Contract Bid Amount $3,336,400 Construction Administration, Inspection, Testing $50,000 Project Contingencies $333,640 TOTAL ESTIMATED CONSTRUCTION DELIVERY COST $3,720,040 ENVIRONMENTAL IMPACT Pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review pursuant to Sections 15301(a) and 15301(d) of the CEQA Guidelines for projects consisting of interior and exterior alterations, as well as restoration or rehabilitation of structures, facilities, mechanical equipment, and windows. The proposed project continues to meet these parameters of the CEQA Guidelines, and Categorical Exemption Environmental Review No. ER-2024-34 was filed for Project 22- 1381 on May 7, 2024. (Exhibit 5) FISCAL IMPACT As indicated in the Cost Analysis, the estimated total construction delivery cost of the project (22-1381 & 25-7523) is $3,720,040, which includes construction, contract administration, inspection, testing, and authorized contingencies of $383,640. A proposed carry-over of unspent funds will be presented to the City Council in September for approval of carry-overs to FY 2024-25. Additional funding of $300,000 in the Water Utility Capital Projects, Water Capital Project account is available for expenditure in the FY 2024-25 budget. Any remaining balances not expended at the end of the fiscal year will be carried forward into FY 2025-26. Outdoor Library at Jerome Park Project August 20, 2024 Page 4 Accounting Fiscal Unit -Account Fund Accounting Unit, Amount Year No. Description Account No. Description (Project No.) Existing Budget 13518783- Community CDBG Programs, 2024-25 66220 Development Improvements Other Than $450,000 (25-7523) Block Grant Buildings Budget Available via Proposed Carry Forward to FY24-25 18111013- American ARPA — Library, 2024-25 66220 Rescue Plan Improvements Other Than $2,613,390 (22-1381) Act (ARPA) Buildings 01111017- Library — Service 2024-25 66220 General Fund Enhancement, $156,650 (22-1381) Improvements Other Than Buildings 01111190- Library — Tech & Support 2024-25 66220 General Fund Services, Improvements $100,000 22-1381 Other Than Buildings Additional Budget 2024-25 06617647- 66301 Acquisition & Water Uty Capital Projects, $300,000 22-1381 Construction Water Capital Project 05113263- Capital Park Improvements, 2024-25 66220 Outlay Fund Improvements Other Than $100,000 22-1381 Buildings TOTAL $3,720,040 EXHIBIT(S) 1. Location Map 2. Bid Proposal 3. Construction Contract 4. Cost Analysis 5. Categorical Exemption Environmental Review No. ER-2024-34 6. FY 2024-25 Capital Improvement Program Sheet Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Brian Sternberg, Executive Director — Library Approved By: Alvaro Nunez, City Manager EXHIBIT 1 C......... Au] LNq 00 R N Y JEOMEY C0ENTEVj0 PLAYGROUND ! fl 0 /pp _ LC — o — o Q o o kk— 1` 1 MCFADDEN AVE. LOCATION MAP N (NOT TO SCALE) �N ORgNOe SANTA ANA ,� c Pr � Project No. 22-1381 & 25-7523: Outdoor Library o at Jerome Park Location Map ° PUBLIC WORKS AGENCY r Addendum No. 3 CITY OF SANTA ANA Project No. 22-1381 PROPOSAL PROJECT NO.: 22-1381 OUTDOOR LIBRARY AT JEROME PARK BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: Legion Contractors, 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 Mobilization/Erosion Control 1 LS $ 150,000 $ 150,000 2 Clearing and Grubbing 1 LS $ $ 80,000 80,000 3 Site Demolition 1 LS $ $ 95,000 95,000 4 Grading and Excavations 1 LS $ $ 100,000 100,000 5 Site Drainage 1 LS $ $ 120,000 120,000 6 24-Hour Library and Shelter 1 LS $ $ 200,000 200,000 7 Site Electrical and Fiber 1 LS $ $ 315,000 315,000 8 Concrete Slab on Grade 420 SF $ $ 25 10,500 9 Pedestrian Concrete Paving — Bike Play 3,513 SF $ $ Track * 40 140,520 10 6" Wide Flush Concrete Curb * 336 LF $ $ 100 33,600 11 Pedestrian Concrete Paving — Pathways * 16,665 SF $ $ 25 416,625 12 Accessible Concrete Ramps 250 SF $ 100 $ 25,000 13 Demonstration Surface — Recycled Concrete 74 SF $ $ Pavers with Aggregate * 250 18,500 14 Pour -in -Place Permeable Pavement — 1,369 SF $ 50 $ 68 450 Filterpave P-1 of P-19 Addendum No. 3 CITY OF SANTA ANA Project No. 22-1381 PROPOSAL PROJECT NO.: 22-1381 OUTDOOR LIBRARY AT JEROME PARK Item Description Qty Unit Unit Price Amount 15 Synthetic Safety Surfacing 6,250 SF $ $ 26 162,500 16 Playground Equipment 1 LS $ 185,000 $ 185,000 17 Site Furnishings I LS $ $ 300,000 300,000 18 Seat walls 106 LF $ $ 1,000 106,000 19 Irrigation System I LS $ $ 200,000 200,000 20 Planting I LS $ $ 200,000 200,000 21 Landscape Establishment 1 LS $ $ 17,000 17,000 22 Asphalt Pavement 21,600 SF $ 6 $ 129,600 23 Remove and Replace Cross Gutter 460 LF $ $ 200 92,000 24 Signing and Striping 1 LS $ $ 25,000 25,000 25 Bioretention Basin 1 LS $ 35,000 $ 35,000 26 SWPPP - Risk Level 2 1 LS $ $ 30,000 30,000 27 Construction Permit 1 EA $ 11,700.00 $ 11,700.00 28 Project Advertising Sign I EA $ 9,405 $ 9,405 Bid Alternates 1 Asphalt Pavement Aggregate Base 200 CY $ 300 $ 60,000 P-2 of P-19 Addendum No. 3 CITY OF SANTA ANA Project No. 22-1381 PROPOSAL PROJECT NO.: 22-1381 OUTDOOR LIBRARY AT JEROME PARK TOTAL BASE BID $ 3,276,400 TOTAL ADD ALTERNATE BID $ 3,336,400 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 7-3.5 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 3-2 of the Standard Specifications. TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within One -Hundred Twenty (120) working days after the commencement date stated in the Notice to Proceed. Upon issuance of the Notice to Proceed, Contractor shall immediately place order for long -lead time items (24-Hour Library Kiosk and Shelter). The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $4,280 per calendar day. Name of Firm Legion Contractors, Inc. - Corporation Signature of BIDDER Title Saba Khoubanshargh - Secretary & Vice President (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.) Amir Movafegh - President, Treasurer and Manager 41�v_ P-3 of P-I 9 EXHIBIT 3 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NOS.: 22-1381 & 25-7523 OUTDOOR LIBRARY AT JEROME PARK This CONSTRUCTION CONTRACT is made and entered into this 20th day of August, 2024 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 Legion Contractors, 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 Outdoor Library at Jerome Park 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 • 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 Three Million Three Hundred Thirty Six Thousand Four Hundred Dollars and No Cents ($3,336,400.00), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A," and in accordance with Section 2-7.1 of the Greenbook: Standard Specifications for Public Works Construction. 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 rev. 08/01/2023 Page 1 of 4 class or portion of the work or to omit portions of the work as may be deemed necessary or advisable. 4. CONTRACTOR agrees to complete the WORK OF IMPROVEMENT within the time specified in the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit "A") including commencing construction within the timeframe therein specified after issuance of a Notice to Proceed. 5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the WORK OF IMPROVEMENT a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law. 6. If applicable, the CONTRACTOR shall adhere to the CITY'S Community Workforce Agreement (CWA), a pre -hire collective bargaining agreement, which establishes the labor relations policies and procedures for CONTRACTOR to follow in the crafts persons employed to complete the WORK OF IMPROVEMENT as more fully described in the CWA. The CWA may be found on the City's website at: http://www.santa-ana.ora//pwa/documents/CWA.pdf 7. CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY, one in the amount of One Hundred Percent (100%) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100%) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY. 8. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond shall also be required as a condition of project acceptance. For projects up to Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of Ten Thousand Dollars ($10,000) or Twenty Percent (20%) of the final contract price. For projects above Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of One Hundred Thousand Dollars ($100,000) or Ten Percent (10%) of the final contract price. 9. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY. 10. INDEMNIFICATION. To the fullest extent allowed by law, CONTRACTOR and its Subcontractors hereby agree to defend, indemnify, and hold harmless CITY, its City Council, boards and commissions, officers, agents, employees, representatives and volunteers (hereinafter collectively referred to as "Indemnitees"), through legal counsel acceptable to CITY, from and against any liability, claims, actions, costs, damages or losses, including reasonable costs and attorney's fees, for injury, including death to any person or damage to any property, arising directly or indirectly from, or in any manner relating to, any of the following: (i) Performance or nonperformance of the Work of Improvement by CONTRACTOR or its Subcontractors of any lower tier; Page 2 of 4 (ii) Performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, 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. 11. FEDERAL FUNDING REQUIREMENTS. Contractor shall comply, and ensure all subcontractors comply, with all applicable regulations, policies, guidelines and requirements of the Community Development Block Grant (CDBG) program set forth by U.S. Department of Housing and Urban Development for sub -recipients including, without limitation, the funding requirements laid out in Appendix P of the Contract Documents. Contractor's attention is specifically directed to the following, which are each incorporated herein by this reference: (i) 2 CFR Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards). (ii) Program Income — 24 CFR Part 570.500(a)(1) (iii) Unused Program Income — 24 CFR Part 570.503(b)(3) (iv) Transfers of Program Income — 24 CFR Part 570.504(b)(2) (v) Disposition of Program Income — 24 CFR Part 570.504(c) (vi) Applicability of Uniform Administrative Requirements — 24 CFR § 570.502 (vii) Subpart K of the CDBG Regulations, commencing with 24 CFR § 570.600 (viii) Section 3 Requirements specified herein. (ix) Federal Contract Provisions specified herein. With respect to any conflict between such federal requirements and the terms of the Contract Documents and/or the provisions of state law and except as otherwise required under federal law or regulation, the more stringent requirement shall control. Contractor shall be subject to the Davis -Bacon Act. The federal minimum wage rates are attached hereto as Appendix O of the Contract Documents. When the Davis - Bacon wage rates and California prevailing wage rates differ for similar kinds of labor, the Contractor shall pay not less than the higher rate. Contractor shall additionally comply with the applicable flow down terms and conditions of the CDBG Funding Agreement, which are attached hereto as Exhibit `B", and incorporated herein by reference. 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. [Signatures on the following page] Page 3 of 4 IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: JENNIFER L. HALL City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: JOSF MONTOYA Assistant City Attorney RECOMMENDED FOR APPROVAL: N a b i l Saba Date: 202 08.01b10:10:27 aba -0700, NABIL SABA, PE Executive Director Public Works Agency CITY OF SANTA ANA ALVARO NUNEZ Acting City Manager CONTRACTOR: Legion Contractors, Inc. NAME: Saba Khoubanshargh TITLE: Secretary & Vice President Page 4 of 4 Addendum No. 3 CITY OF SANTA ANA Project No. 22-1381 PROPOSAL PROJECT NO.: 22-1381 OUTDOOR LIBRARY AT JEROME PARK BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: Legion Contractors, 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 Mobilization/Erosion Control 1 LS $ 150,000 $ 150,000 2 Clearing and Grubbing 1 LS $ $ 80,000 80,000 3 Site Demolition 1 LS $ $ 95,000 95,000 4 Grading and Excavations 1 LS $ $ 100,000 100,000 5 Site Drainage 1 LS $ $ 120,000 120,000 6 24-Hour Library and Shelter 1 LS $ $ 200,000 200,000 7 Site Electrical and Fiber 1 LS $ $ 315,000 315,000 8 Concrete Slab on Grade 420 SF $ $ 25 10,500 9 Pedestrian Concrete Paving — Bike Play 3,513 SF $ $ Track * 40 140,520 10 6" Wide Flush Concrete Curb * 336 LF $ $ 100 33,600 11 Pedestrian Concrete Paving — Pathways * 16,665 SF $ $ 25 416,625 12 Accessible Concrete Ramps 250 SF $ 100 $ 25,000 13 Demonstration Surface — Recycled Concrete 74 SF $ $ Pavers with Aggregate * 250 18,500 14 Pour -in -Place Permeable Pavement — 1,369 SF $ 50 $ 68 450 Filterpave P-1 of P-19 Addendum No. 3 CITY OF SANTA ANA Project No. 22-1381 PROPOSAL PROJECT NO.: 22-1381 OUTDOOR LIBRARY AT JEROME PARK Item Description Qty Unit Unit Price Amount 15 Synthetic Safety Surfacing 6,250 SF $ $ 26 162,500 16 Playground Equipment 1 LS $ 185,000 $ 185,000 17 Site Furnishings I LS $ $ 300,000 300,000 18 Seat walls 106 LF $ $ 1,000 106,000 19 Irrigation System I LS $ $ 200,000 200,000 20 Planting I LS $ $ 200,000 200,000 21 Landscape Establishment 1 LS $ $ 17,000 17,000 22 Asphalt Pavement 21,600 SF $ 6 $ 129,600 23 Remove and Replace Cross Gutter 460 LF $ $ 200 92,000 24 Signing and Striping 1 LS $ $ 25,000 25,000 25 Bioretention Basin 1 LS $ 35,000 $ 35,000 26 SWPPP - Risk Level 2 1 LS $ $ 30,000 30,000 27 Construction Permit 1 EA $ 11,700.00 $ 11,700.00 28 Project Advertising Sign I EA $ 9,405 $ 9,405 Bid Alternates 1 Asphalt Pavement Aggregate Base 200 CY $ 300 $ 60,000 P-2 of P-19 Addendum No. 3 CITY OF SANTA ANA Project No. 22-1381 PROPOSAL PROJECT NO.: 22-1381 OUTDOOR LIBRARY AT JEROME PARK TOTAL BASE BID $ 3,276,400 TOTAL ADD ALTERNATE BID $ 3,336,400 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 7-3.5 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 3-2 of the Standard Specifications. TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within One -Hundred Twenty (120) working days after the commencement date stated in the Notice to Proceed. Upon issuance of the Notice to Proceed, Contractor shall immediately place order for long -lead time items (24-Hour Library Kiosk and Shelter). The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $4,280 per calendar day. Name of Firm Legion Contractors, Inc. - Corporation Signature of BIDDER Title Saba Khoubanshargh - Secretary & Vice President (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.) Amir Movafegh - President, Treasurer and Manager 4q�_ P-3 of P-I 9 Funding Approval/Agreement U.S. Department of Housing and Urban Development Title I of the Housing and Community Office of Community Planning and Development Development Act (Public Law 930383) Community Development Block Grant Program OMB Approval No. 2506-0193 HI-00515R of 20515R exp 1/31/2025 1. Name of Grantee (as shown in item 5 of Standard Form 424) 3a. Grantee's 9-digit Tax ID Number 3b. Grantee's 9-digit DUNS Number Santa Ana 956000785 KZE9G2M4GRX9 (UEI) 2. Grantee's Complete Address (as shown in item 5 of Standard Form 424) 4. Date use of funds may begin 20 Civic Center Plaza 07/01/2022 Santa Ana, CA 92701-0000 5a. Project/Grant No. 1 6a. Amount Approved B-22-MC-06-0508 $5,088,771 5b. Project/Grant No. 2 6b. Amount Approved Grant Agreement: This Grant Agreement between the Department of Housing and Urban Development (HUD) and the above named Grantee is made pursuant to the authority of Title I of the Housing and Community Development Act of 1974, as amended, (42 USC 5301 et seq.). The Grantee's submissions for Title I assistance, the HUD regulations at 24 CFR Part 570 (as now in effect and as may be amended from time to time), and this Funding Approval, including any special conditions, constitute part of the Agreement. Subject to the provisions of this Grant Agreement, HUD will make the funding assistance specified here available to the Grantee upon execution of the Agreement by the parties. The funding assistance specified in the Funding Approval may be used to pay costs incurred after the date specified in item 4 above provided the activities to which such costs are related are carried out in compliance with all applicable requirements. Pre -agreement costs may not be paid with funding assistance specified here unless they are authorized in HUD regulations or approved by waiver and listed in the special conditions to the Funding Approval. The Grantee agrees to assume all of the responsibilities for environmental review, decision making, and actions, as specified and required in regulations issued by the Secretary pursuant to Section 104(g) of Title I and published in 24 CFR Part 58. The Grantee further acknowledges its responsibility for adherence to the Agreement by sub- recinient entities to which it makes fundine assistance hereunder available. U.S. Department of Housing and Urban Development (By Name) Grantee Name (Contractual Organization) Rufus Washington Santa Ana (City of) Title Title CPD Director City Manager Signature Date (mm/dd/yyyy) Signature Date (mm/dd/yyyy) 10/21 /2022 x X 7. Category of Title I Assistance for this Funding Action: 8. Special Conditions 9a. Date HUD Received Submission 10. check one Entitlement, Sec 106(b) (check one) ❑ None ® Attached (mm/dd/yyyy) ® a. Orig. Funding Approval ❑ b. Amendment Amendment Number 9b. Date Grantee Notified (mm/dd/yyyy) 9c. Date of Start of Program Year 7/1 /2022 11. Amount of Community Development Block Grant FY 2022 a. Funds Reserved for this Grantee b. Funds now being Approved $5,088,771 c. Reservation to be Cancelled 11a minus 11b 12a. Amount of Loan Guarantee Commitment now being Approved 12b. Name and complete Address of Public Agency N/A Loan Guarantee Acceptance Provisions for Designated Agencies: The public agency hereby accepts the Grant Agreement executed by the Department of Housing and Urban Development on the above date with respect to the above grant number(s) as Grantee designated to receive loan guarantee assistance, and agrees to comply with the terms and conditions 12c. Name of Authorized Official for Designated Public Agency of the Agreement, applicable regulations, and other requirements of HUD now or hereafter in effect, pertaining to the assistance provided it. Title Signature x HUD Accounting use Only Effective Date Batch TAC Program Y A Reg Area Document No. Project Number Category Amount (mm/dd/yyyy) IM 1 7 6 17 E n E YY Project Number Amount I ITT] I Y Project Number Am n Date Entered PAS (mm/dd/yyyy) Date Entered LOCCS (mm/dd/yyyy) Batch Number Transaction Code Entered By Verified By 24 CFR 570 form HUD-7082 (5115) 8. Special Conditions. (a) The period of performance and single budget period for the funding assistance specified in the Funding Approval ("Funding Assistance") shall each begin on the date specified in item 4 and shall each end on September 1, 2029. The Grantee shall not incur any obligations to be paid with such assistance after September 1, 2029. (b) The Recipient shall attach a schedule of its indirect cost rate(s) in the format set forth below to the executed Agreement that is returned to HUD. The Recipient shall provide HUD with a revised schedule when any change is made to the rate(s) described in the schedule. The schedule and any revisions HUD receives from the Recipient shall be incorporated herein and made a part of this Agreement, provided that the rate(s) described comply with 2 CFR part 200, subpart E. Administering Direct Department/Agency CDA Indirect cost rate Cost Base 14.92 % Instructions: The Recipient must identify each agency or department of the Recipient that will carry out activities under the grant, the indirect cost rate applicable to each department/agency (including if the de minimis rate is used per 2 CFR §200.414(f)), and the type of direct cost base to which the rate will be applied (for example, Modified Total Direct Costs (MTDC)). Do not include indirect cost rates for subrecipients. (c) In addition to the conditions contained on form HUD 7082, the grantee shall comply with requirements established by the Office of Management and Budget (OMB) concerning the Dun and Bradstreet Data Universal Numbering System (DUNS); the System for Award Management (SAM.gov.); the Federal Funding Accountability and Transparency Act as provided in 2 CFR part 25, Universal Identifier and General Contractor Registration; and 2 CFR part 170, Reporting Subaward and Executive Compensation Information. (d) The grantee shall ensure that no CDBG funds are used to support any Federal, State, or local projects that seek to use the power of eminent domain, unless eminent domain is employed only for a public use. For the purposes of this requirement, public use shall not be construed to include economic development that primarily benefits private entities. Any use of funds for mass transit, railroad, airport, seaport or highway projects as well as utility projects which benefit or serve the general public (including energy -related, communication - related, water- related and wastewater -related infrastructure), other structures designated for use by the general public or which have other common -carrier or public -utility functions that serve the general public and are subject to regulation and oversight by the government, and projects for the removal of an immediate threat to public health and safety or brownfield as defined in the Small Business Liability Relief and Brownfields Revitalization Act (Public Law 107-118) shall be considered a public use for purposes of eminent domain. (e) The Grantee or unit of general local government that directly or indirectly receives CDBG funds may not sell, trade, or otherwise transfer all or any such portion of such funds to another such entity in exchange for any other funds, credits or non -Federal considerations, but must use such funds for activities eligible under title I of the Act. (f) E.O. 12372-Special Contract Condition - Notwithstanding any other provision of this agreement, no funds provided under this agreement may be obligated or expended for the planning or construction of water or sewer facilities until receipt of written notification from HUD of the release of funds on completion of the review procedures required under Executive Order (E.O.) 12372, Intergovernmental Review of Federal Programs, and HUD's implementing regulations at 24 CFR Part 52. The recipient shall also complete the review procedures required under E.O. 12372 and 24 CFR Part 52 and receive written notification from HUD of the release of funds before obligating or expending any funds provided under this agreement for any new or revised activity for the planning or construction of water or sewer facilities not previously reviewed under E.O. 12372 and implementing regulations. (g) CDBG funds may not be provided to a for -profit entity pursuant to section 105(a)(17) of the Act unless such activity or project has been evaluated and selected in accordance with Appendix A to 24 CFR 570 - "Guidelines and Objectives for Evaluating Project Costs and Financial Requirements." (Source - P.L. 113-235, Consolidated and Further Continuing Appropriations Act, 2015, Division K, Title II, Community Development Fund). EXHIBIT 4 COST ANALYSIS CONSTRUCTION OF PROJECT NO. 22-1381 & 25-7523: Outdoor Library at Jerome Park Construction Contract $ 3,336,400.00 Construction Engineering $ 50,000.00 Contingencies $ 333,640.00 TOTAL ESTIMATED CONSTRUCTION COSTS $ 3,720,040.00 EXHIBIT 5 MAYOR Valerie Arnezcua MAYOR PRO TEM Thai Viet Phan COUNCILMEMBER5 Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Benjamin Vazquez PUBLIC WORKS AGENCY 20 Civic Cenler Plaza (M-36) P.O. BOX 1988 • Santa Ana, California 92702 (714) 647-569D -Fax (714) 647-5B23 warw.santa-ana.org NOTICE OF EXEMPTION INTERIM CITY MANAGER Alvafo Nuiez CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Jennifer L. Hall From the Requirements of the California Environmental Quality Act (CEQA) Fee Exemption per California Government Code Section 6103 To, COUNTY CLERK From: City of Santa Ana County of Orange Public Works Agency P.O. Box 238 20 Civic Center Plaza (M-36) Santa Ana, CA 92702 Santa Ana, CA 92702 Project Title: Outdoor Library at Jerome Park Project Number(s): 22-1381 Project location: 2115 W McFadden Avenue, Santa Ana, CA 92704 City: Santa Ana County: Orange ER Number. ER-2024-34 Date of Approval: 06/01/2021 Project Description: This project will include excavation, grading, Installation of a library kiosk, playground equipment, accessible curb ramps, concrete sidewalk, concrete curbs, grind & overlay of an existing parking lot, landscaping, irrigation, and signing & striping. Applicant Name: City of Santa Ana, Public Works Agency Applicant Address: 20 Civic Center Plaza M-36 Santa Ana, CA 92702 Name of Public Agency Approving Project: City Council Name of Agency Carrying Out Project: Public Works Agency Exempt Status: d Ministerial (Sec. 15268) 0 Declared Emergency (Sec. 15269 (a)) d Emergency Project (Sec. 15269 (b through e)) © General Rule (Sec. 1506,1(b)(3)1(5)) FILED MAY a 7 2024 ORANGE COUNTY CLERK RECORDERDEPARTAIENT BY: C • H DEPUTY C Statutory Exemption: Q Categorical Exemption: 15304 Reason(s) Why Project Is Exempt From CFQA: 15304 involves minor alterations to the condition of land and vegetation; project will not involve the removal of healthy mature, scenic trees except for forestry purposes. City Contact: Sa tha Cheney Title: Assistant Engineer Telephone: (714) 647-6033 Sign Date: SANTA ANA CITY COUNCIL Valerie Amezcua Thal Viet Phan Jessie Lopez Benjamin Vazquez Phil Bawrra ' Johnathan Ryan Nemaadez David Penaloza Mayor Mayor Pro Tem, Ward I { Ward3 Ward 2 Ward Ward 5 I Ward B vamezcua ..santa-ena,om: sta �Yr2Z9u �Zi1t��Il�4L9 hbacerraC�sant�aLla4r9;1lYa�h Oc�Q3 11l��aa4r dB4rlfll4��� r11� 4r9 PROJECT TITLE: Outdoor Library @ Jerome Park PROJECT CATEGORY: City & Park Facility Improvements Park Facility LOCATION MAP N EXHIBIT 6 CITY OF SANTA ANA FY 24/25CIP CAPITAL IMPROVEMENT PROJECT WORKSHEET PROJECT DESCRIPTION: Outdoor Library at Jerome Park PROJECT NEED: Create an Outdoor Public Library that will include the installation of an innovative 24-hour "satellite library" kiosk at the southwest end of Jerome Park. The satellite library will incorporate learning and recreation -based play experiences that will advance equity, access, and provide support for Santa Ana's disproportionately impacted children and families. I aw PROJECT COSTS FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 Construction 3,420,040 - - - - - - Engineering 300,000 TOTAL 3,720,040 - - - SOURCE OF FUNDS FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 GENERAL FUND 100,000 - - - - - - ARPA Funds 2,613,390 CAPITAL OUTLAY/CELL TOWER 100,000 CDBG Programs 450,000 GENERAL FUND 156,650 WATER CAPITAL 300,000 TOTAL 3,720,040 - - - - - - AGENCY: DIVISION: CONTACT: DATE: Library Administration Maria Castro, Management Analyst- Library 31-Jul-2024