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HomeMy WebLinkAbout20B - AA - RESTROOM 3RD AND BIRCH•„ 0 CITY COUNCIL MEETING DATE: JUNE 21, 2016 TITLE: AWARD CONTRACT TO DAMON INC. FOR CONSTRUCTION OF NEW RESTROOM FACILITY AT 3RD AND BUSH STREETS (PROJECT: 16 -1305) (STRATEGIC PLAN NO. 6, 1G) CITY MANAGERJ CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO 0I421mil l 1. Reject the sole bid received on May 27, 2016 from Metro Builders & Engineers Group, Ltd. in amount of $322,500, for construction of New Restroom Facility at 3rd and Bush Streets Project. 2. Authorize the City Manager and Clerk of the Council to award and execute contract with Damon Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $174,454 for the construction of a new restroom facility at 3RD and Bush Streets , subject to non - substantive changes approved by the City Manager and City Attorney. 3. Approve the Project Cost Analysis for the total estimated project delivery cost of $235,514, which includes the contract base amount, administration, inspection, testing, and an authorized contingency of approximately 20 percent, in the amount of $34,892. 4. Approve an appropriation adjustment for Fiscal Year 2016 -17 to recognize $235,514 from prior year fund balance and appropriating $235,514 into the Downtown Enhancements expense account. DISCUSSION As part of the Downtown Enhancements and Parking Modernization Plan, staff met with various downtown stakeholders to discuss the amenities in the Downtown that would enhance guest experience. The lack of public restrooms was prominent in the formation of the Plan. Staff has been working on two separate public restroom projects; a restroom adjacent to Plaza Calle Cuatro and the 3rd and Bush Streets Public Restroom. The Calle Cuatro restroom project is being incorporated into a larger construction project and will be presented to the City Council later this year. 20B -1 Contract Award For Construction of New Restroom at 3rd and Bush Streets June 21, 2016 Page 2 The proposed project for consideration at 3rd and Bush Streets involves the construction of a new permanent restroom facility, which will include two fully ADA /CBC accessible, uni -sex restrooms, drinking fountain, water bottle filling station, and bench seating. The building's facades will incorporate local street art and a vertical garden. Site improvements include extension of existing landscaping and irrigation. Located at the northeast corner of 3rd and Bush Streets in the surface parking lot (Exhibit 1), this public facility will support downtown activity and programming. A Notice Inviting Bids was originally advertised for bid on April 11 and 18, 2016 and the bid was opened on April 27, 2016. Due to the fact that only one bid was received, which was unaffordable, the project was modified and re- advertised on May 2 and May 9, 2016. Bids were opened on May 11, 2016; the following is a summary of the bid invitations made and the bids received: Contractor Participation Data Santa Ana contractors receiving notices 18 Contractors requesting bidding documents 3 Bids received 4 Bids received from Santa Ana contractors 0 Bid Results Summary RANK BIDDER'S NAME LOCATION BASE BID AMT 1 Damon, Inc. Downey $174,454.00 2 Horizons Construction Co. Int'I, Inc. Orange $235,400.00 3 Lehman Construction, Inc. Tustin $247,900.00 4 Metro Builders & Engineers Group, Ltd. Newport Beach $307,860.00 A total of four bids were received and all four were considered responsive. Damon, Inc. submitted the lowest responsive bid in the amount of $174,454 (Exhibit 2). Damon, Inc.'s bid is comparable to the engineer's estimate of $180,000. Based on the bid analysis and a contractor's reference check, staff recommends awarding the construction contract to Damon, Inc. (Exhibit 3). STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 - Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment Plan (e.g., neighborhood streets, traffic improvements, etc.). 20B -2 Contract Award For Construction of New Restroom at 3rd and Bush Streets June 21, 2016 Page 3 ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. 2016 -56 was filed for this project. FISCAL IMPACT As indicated in the Cost Analysis (Exhibit 4), the estimated total delivery cost of this project is $235,514, which includes construction, contract administration, inspection, testing, surveying and contingencies. An appropriation adjustment for FY 16 -17 will recognize prior year fund balance of $235,514 into the Parking Fund Prior Year Carry Forward revenue account (no. 02710002- 50001) and appropriate $209,346 into the Downtown Enhancements Building Improvements expense account (no. 02710133 - 66200) and $26,168 into the Downtown Enhancements Salaries expense account (no. 02710133-61000). y i- Fr d Mousavipour Executive Director Public Works Agency FM /EWG/TC /MO Exhibits: 1. Location Map 2. Bid 3. Construction Contract 4. Cost Analysis r1- APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency r�- SANTA ANA City Council Agenda Date PUBLIC WORKS AGENCY AGENCY June 21. 2016 Project No. 16 -1305: New Restroom at 3rd and Bush Streets s►1-M� w 0 rI- A6Je+tjm J­ 's CITY OF SANTA ANA T p y� PROJECT NO,: t6 -1305 EXHIBIT 2 3RD AND BUSH RESTROOM BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: 0A wr 0 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 famish 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 Design - ,Build New Restroom 1 LS $ $ Facility "^ -- `4 ' i, r 2 New Water Service I LS $ $ 3 New Sewer I LS $ $ 4 New Electrical Service I LS $ $ it 5 Site Work I LS $ $ �r 6 Landscape & Irrigation Modifications 1 LS $ 7CS� $ TOTAL BASE BID $ �j ADD ALTERNATE BID; 7 Parking Lot Lighting Modifications 1 LS $ $ TOTAL ADD ALTERNATE BID t 00t> P -1 ofP -16 20B-7 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16 -1305 3RD AND BUSH RESTROOM Item Description city Unit Unit Price Amount TOTAL ADD ALTERNATE BID $ Jam_ TOTAL BASE BID $ )-J The lowest responsible bidder shall be selected based on the total base bid. The City rese 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, .r This bid item is considered a Specialty Item. per Section 2 -3.2 of the Standard Specifications TIME FOR COMPLETION OF IMPROVEMENTS AND LIOUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within SLYTY (60) working days after the cotmnencemom 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 $500 per calendar day. Name of Firm 1-)A" l c?vt t4yC- Signature of BIDDER Title A't (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-16 PTO CITY OF SANTA ANA PROPOSAL PROJECT NO.: 1.6 -1305 3RD AND BUSH RESTROOM 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 Cleric 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 t Ayvt o !`� Signature of BIDDER Title V C Ce '(''GC i d421. ( (Nan individual, so state. If a firm or co- partnership, state the fine 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 -16 rl- • CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16 -1305 3AD AND BUSH RESTROOM 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 Deparbrient of Industrial Relations (DIR), and that the following is true and correct. Contractor's Name: DYAvvn.(>r-� t h-) C Business Address: CA tQ0 2 SA-m c, 1 t v) e— t) (_')W °"t E `� C(k Business E -Mail Address: �<)�Al � C'CSr?l O v IC; \C i 5 1i CJ Yvl Ck_ � 1 CC) rv'l Tetephone: 661 C�. G� 01 . '2 -),I t1 State Contractor's License No. and Class: License Expiration Date: j I State Dept. of Industrial Relations (DIR) Registration No.: State Dept. of Registration Er Signed: g6900.? •- 6 J ()bbD G,(o5q ee?D (DIR) (.n I .� 0/ 16 v Title: "IV V `� 1 ^C e `• F-C.S'��n�;w� j'� P -4 of P -16 20B -10 CITY OF ,SANTA ANA PROPOSAL PROJECT NO.: 16 -1305 3"D AND BUSH RESTROOM 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 ofFinn P A- M 0 t Signature of BIDDER Title V d ce I./rej (if an individual, so state) Y) 1-1� P -5 of P-16 20B -11 CITY OF SANTA ANA PROPOSAL PROJECT NO„ 16 -1305 3' AND BUSH RESTROOM OWNERSHIP AFFIDAVIT STA'L'E OF CALIFORNIA ) COUNTY OF ORANGE )SS: COPY OF SANTA ANA ) r - �G,� ,being duly sworn, deposes and says'. ❑ INDIVIDUAL That he /she is the party maldng the foregoing proposal: ❑ PARTNERSHIP That he /she is a member of the co- partnership firm designated as: and who has been and is duly vested with the authority to make and execute ins tmraYt� for the co- partnership by: who constitute the other members of the co- partnership. ..CORPORATION That is of, "�`f"'t °`'` ( "t C t' a corporation which is making the foregoing proposal: ❑ JOINT VENTURE That he is of; one of the parties making the fotegoing proposal as a joial, venwe, and the he /she has been and is duly vested with the authority to execute instmarents for an on behalf of the parties making said bid who are: Oat such a bid is gems' and not collusive or sham, and has not in any manner sought by collusion to secure � dvantage against the City of Santa Ana or any person interested in the proposed contra�,,.� �gself or any other person. G J/ Subscribed d sworn to before me this le- day of Me"Cy 201(l Signature of officer Administering Oath (Notary Public) P -6 of P -16 20B -12 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of t- ' /woi -S 4 (^ Subscribed and sworn to (or affirmed) before me on this l day of . r 20 (b- by Jo y proved to me on the basis of satisfactory evidence to be the personal who appeared before me. r \ Signature (seal) [43:6111 ' tie] ? /_\111111I I3i ;1T7rifi il�7a DESCRIPTION OF THE ATTACHED DOCUMENT {Title or description of attached document) (Title or description of attached document confined) Number of Pages — Document Date Additional information 201E Version v,ww,RiotaryClass,.oain 80CG$73 -A865 RICARDC MAGNt3 COMM. #2123529 z X. Orr Notary Public • California b z �± Los Angeles County M . Ccmmm- , y Ezpiros Sep. 11, 2pi8 INSTRUCTIONS The wording of all Jurats completed in California after January 1, 2015 must be in the to= as set forth within this Jurat. Thera are no exceptions. If a Jmat to be completed does not follow this form, the notary must correct the verbiage by using a just stamp containing the correct warding or attaching a separate jurat form such as this one with does contain the proper wording. In addition, the notary must require an oath or affirmation from the document slgner regarding the truthfulness of the contents of the document, The document must be signed AFTER the oath or affirmation. If the document was previously signed, Nmust he ra- signed in front of the notarypubllc during thejuret process. • State and county information must be the slate and county where the document signers) personally appeared before the notary public. • Date of notarization must be the date the stgner(s) personally appeared which must also be the same date the jurat process Is completed. • Print the names) of the document signer(s) who personally appear at the time of notarization. • Signature of the notary public must match the signature on file with the office of the county clerk, • The notary seal impression must be dear and photographically reproducible, Impression must not cover text or lines. If seal Impression smudges, re -seal if a sufficient area permits, otherwise complete a different just form. Additional information Is not required but could help to ensure this jurat is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date, • Securely attach this document to the signed document with a staple. 20B -13 Bond No.: DAMIN -094 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16 -1305 312" AND BUSH RBSTROOM KNOW ALL PRESENT that, Daman, Inc. _ as BIDDER, and Notch Americeu Specialty InsurHnce Cam any as SURETY, are held and firmly bound unto the CITY OF SANTA ANA, as AGENCY, in the penal sum of Ten Pei cent of Ilic total Amount Bid, Bid ''° _[cot Jars ($27,500.00 j, whicb is ten percent (10 %) of the total amount bid by BIDDER to AGENCY for the above - stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly by these presents. " Bond Penalty not to Excced Twenty -Scmi Thousand Five Llundred and 00 /100 THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to AGENCY for the above - stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER in the matcher and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seal this 101h day, of May , 2016 . BIDDER* 9602 Samoline SUR North Matthew R. Dobyns, Attorney- in-Fact-Subscribed and sworn to before me - ,20_ Signature: Notary Public in and for the County of Tel: 1(562) 606 -3139 6 Autton Centre Drive, Suite State of Santa Ana, CA 92707 Tel: 9 (714) 550-7799 this - day of * Provide BIDDER/ SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. P -7 of P -16 20B -14 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OP ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, acid Washington Interactional Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg, Illinois, each does hereby make, constitute and appoint: RANDY SPOHN and MATTHEW R. DOBYNS JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-hi-Fact, to make, exeonte, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the alnouut of: FIFTY MILLION ($50.000,000,00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 9i1' of May, 2012: "RESOLVED, that any two of the Presidents, any Managing Direotor, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of suroty, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attachthoroin the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any cef ilicate relating thereto by facsimile, and arry such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future With regard to any bond, undertaking of contract of surely to witch it is attached " odo\nulmblj, `�y& usurY By nnninmiN „gd'Fr'Dq;ITIr s' SEAL ly 11)09 �q� ' SA"le Stevan P, Andean. n,S cW. a Vice Pr esN ell lofVo slab] g tonlnecoadollIlusn ram eecompen} &Senlae Vice Pa"hiost of No,1L Ammlonn specialty Xnsaranuo Company .+� ( SEAL s0? wt F � Dnv JI4I. Dnymm�, Vlee Presiaaa of Wnaainslon anesnnnoollif r,nace Company & Vice President of No Ilia Ammicat SWIM, hsmanre. Compaq IN WITNESS WIIl?.REOP, North American Specialty Insurance Company and Washington International Insurance Company have caused their oflicial seals to be hereunto atlixed, and these presents to be signed by their authorized officers this26th day of •TU1e .2012 , North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook as: oil this 26th day of June 2012 , before ire, a Notary Public personally appeared Steven P Andersmr , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M, Layman, Vice President cf Washington lntanmtional Insurance Company and Vice President of North American Specialty Insurance Company, personally (mown to me, who being by me Italy sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act slid deed of their respective companies. "C3PFICIAi;MAO �.6Yn✓"'tr7 �l!.�FyX2.¢P�0 DONNA D; SKLCNS Notary public, 5tateufllliools Donna D. Skims, Notary Public My.ConrdssinnLryrtpps 101o612015 1, Jeffrey Goldberg the duly elected Assistant Secretary of North American. Specialty Insurance Company and Washington international Insurannce Company, do hereby certify [list the above and foregoing Is a true mid correct copy of aPower of Attorney given by said North American Specialty Insurance Company and Wnshing'ton InternationaLlnsarance Company, which is still in fall for co and effect. IN WITNESS WHEREOF, I have set my hand and affixed the settle of the Companies this loth day of May , 20 16 r @r,cy Oold6era, Vice Provident & Assistant Secretory er WnaLiugmu rnwramlonal Insmnnae Cmnpony & Wear, Amcnno 8pcainity inemm¢a Onmpany CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT SV =a l *J A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of CALIFORNIA County of ORANGE ' PUBLIC, On v before me, ERIKA GUIDO, NOTARY personally appeared MATTHEW R. DOBYNS ® who proved to me on the basis of satisfactory evidence to be the personN whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /, eff their authorized capacity fies , and that by his flier /tlielr signature(s) on the instrument the personN, or the entity upon behalf of which the persons} acted, executed the instrument, T certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 110 ERitAGUIDO �K' COMNi. #2022671 WITNESS fi d and official seal. NOl "ARY PUBLIC CALIFORNIA ORANGE COUNTY ^' g MyaoMfn expires May 5.204', jt attB re b to ry dP7?IOlyAL: Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SV =a l *J CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16 -1305 3RD AND BUSH RESTROOM 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: '' /a% of the bid or 510,000, whichever is greater o Buildings, parks, or other projects: x /a% 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 C /1; I +v n License # /Exp. q -?- is DIR Reg. # /Exp. 000ra Location U Phone i I Type Of Work V1vAlz Amount $ 10, r» 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 $ Name License # /Exp. DIR Reg. # /Exp. Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. # /Exp. License # _ Location Phone Type Of Work Amount $ Name License #'/Exp. DIR Reg. # /Exp. License # _ Location _ Phone Type Of Work Amount $ P -8 of P -16 20B -17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16 -1305 39" AND BUSH RESTROOM REFERENCES The following are the names, addresses, and telephone numbers for TIDE public agencies for which the BIDDER has performed similar work within the past three years. 1. 2. 3. Name and Address of Owner. Name and Telephone Number of person familiar with project. Contract Amount Name and Address of owner. of Work Name and Telephone Number of person familiar with project. Contract Amount Name and Address of owner. 'Type of Work Name and Telephone Number of person familiar with project Contract Amount Type of Work Date Completed Date Completed 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. P -9 ofP -16 r1- CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16 -1305 3P'D AND BUSH RESTROOM ADDITIONAL REFERENCES <'e eA Kq 'we The following are the names, addresses, and telephone munbers for THREE public agencies for which the BIDDER or Subcontractor has performed street improvement work in the past 5 years. 2. 93 Name and Address of Owner. Name and Telephone Number of person familiar with project. Contract Amount Name and Address of owner. Type of Work Date Completed Name and Telephone Number of person familiar with project. Contract Amount Name and Address of owner. Name and Telephone Contract Amount Type of Work of person familiar with project. Type of Work Date Completed 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. P -10 ofP -16 20B -19 DAMON, Inc. License: 463003 References for City of Santa Ana 3,1 and Bush Street Restrooms Project 1. Project Name: Boat Canyon and Alta Laguna Park Restroom Rehabilitation Owner: Laguna Beach Valuation: $100,000 Description: Work consisted of upgrading men's /women's restrooms at both parks. ADA Upgrades, partitions, painting, fixtures, plumbing. Contact: Kenneth Kwak: 714.738.6845 303 W. Commonwealth Ave. Fullerton, CA 923824. 2. Project Name: Separate Gender Accommodation Fire Station 1 Owner: City of Fullerton Valuation: $180,000 Description: Fire station Remodel. Demolition, plumbing, paint, electrical, drywall, tile removal and replacement to male restroom and converting one restroom in to a female restroom. Also remodeled training room and storage room. Contact: Kenneth Kwak: 77.4,738.6845 303 W. Commonwealth Ave. Fullerton, CA 923824. 3. Project: Bellis Park Snack Shack improvements Owner: City of Buena Park Valuation: $156,300 Description Tile removal and replacement, hot mop, pluming, restroom and kitchen renovation including appliance installation. partitions, paint, stainless steel. 20B -20 DAMON, Inc. License: 463003 References for City of Santa Ana 10 and Bush Street Restrooms Project 1. Project Name: 31149 Front St. Renovation Valuation: $218,000 Owner: City of Alhambra Description: Remodel of SFR to include: Demo, plumbing, concrete, electrical, structural framing, painting. Contact: Martin Ray 111 S. First St. Alhambra CA, 90801 626.570.5007 2, Project Name: M®vie'rheater Alley Improvements Owner: City of Alhambra Valuation: $45,000 Description: Alley improvements to include: pavers, IlghVng and demo. Contact: Patrick young (760) 5050700 117. S. First St. Alhambra, CA 91801 3. Project Name: Fires station 1 Valuation: $30,000 Owner: City of Orange Description: Upgrades to Fire station Including, flooring, demo, electrical and framing. 20B -21 Contact: MaJid Farhat (714) 744-5562 300 E. Chapman Orange, CA 92866 20B -22 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16 -1305 3RD AND BUSH RESTROOM NON- COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) In accordance with Title 23 United States Code Section 11.2 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham, bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to Fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non - collusion Affidavit is part of the Proposal. Signing this Proposal on the signature o� thereof shall also constitute signature of this Non - collusion Affidavit. BI E -e cautioned that matting a false certification may subject the certifier to on n osecution. Signed State of C; County of S tbscribed and sworn to (or affirmed) before me on this �� day of ���� , 2016, by l6y1N .�iCAYYIDU� ,*k, proved to me on the basis of satisfactory evidence to be the person(8) who appeared before me Notary Public Signature Notary Public Seal P -11 ofP -16 20B -23 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County ofnra, �. Subscribed and sworn to (or affirmed) before me on this 0N1day of V. !i LlZ proved to me on the basis of satisfactory evidence to be the personl appeared before me, Signature - iseaq DESCRIPTION OF THE ATTACHED DOCUMENT 1400 - C0i 1USICr(" 4'6r'Yi,t1'1 (Title or descripton of attached document) (Title or description of allachad document continued) Number of Pages _ Document Date Additional infomialion 29 n Veraron w n Plo wGia wn, 900 P86" j RICARDO MAGNO p COMM. ff2123528 ir,t>a�a,:' Notary Public - Califarnla a a ` -':+ Los Angeles County My Comm. Expires Sep. 11, 2614 INSTRUCTIONS The wording of all Jurats completed in California after January 1, 2015 must be in the form as set forth within this Juret. There are no exceptions. If a Jural to be completed does not follow Ibis Inch, the notary must correct the verbiage by using a fteat stamp containing the correct wording or attaching a separate jurat form such as this one with does contain the proper wording, in addition. the notary must require an oath or affirmation from the document signer regarding the truthfulness of the contents of the document. The document must be signed AFTER the oath or sffrrmatlon. It the document was previously signed, ftmusf be re- signed in front of the notary public during thojurni process. • State and county information must be the state and county where the document signer(s) personally appeared before the notary public. • Date of notarization must be the date the signer(s) personally appeared which must also be the same date the jurat process Is completed. • Print the name(s) of the document signer($) who personally appear at the time of notarization. • Signature of the notary public must match the signature on file with the offs of the county clerk. • The notary seal Impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal Impression smudges, re-seal If a sufficient area permits, otherwise complete a different )urat form. Additional information Is not required but could help to ensure this jurat is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. • Securely attach this document to the signed document with a staple. 20B -24 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16 -1305 3R' AND BUSH RESTROOM NON- DISCRIMINATTON 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. 3. The Contractor shall send to each labor union or representative of workers with which he /she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Tabor. 5, The Contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractor's non - compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rile, regulations, or order of the Secretary of Labor, or as otherwise provided by law. P -12 of P-16 20B -25 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16 -1305 3RO AND BUSH RESTROOM 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 imless 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 Cyter. G�! r Signed: Title: Vtee, &?,(5rJ Firm: DAM'o N lr 7 L Date: r I_ P -13 of P-16 20B -26 CITY OF SANTA ANA PROPOSAL PROJECT NO.; 16 -1305 31D AND BUSH RESTROOM STATEMENT REGARDING APPRENTICESHIP REQUIREMENTS The undersigned BIDDER is familiar with the requirements of Section 1777.5 of the State Labor Code regarding employment of apprentices, and understands that contractors on contracts exceeding $30,000 or 20 working days shall; Apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor tinder 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 fiord or funds in each craft or trade in which holshe employs journeymen or apprentices on the public work, in the sane 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 t the California Apprenticeship Council. Signed: ( % Title: Vae A6r.o(`41 Firm: we Date: ';11'1 its P -14 of P -16 20B-27 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16 -1305 3RD AND BUSH RESTROOM 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- K,icicback" Act (18 USC 74) as supplemented in the Department of Labor regulations (29 CFR, Part 3). This act provides that each contractor or subcontra or shall be prohibited from inducing, by any means, any person employed in the construct' r repair of public work, to give up any part of the compensation to which he /she is otheA9 i itled. Signed: Tide: // N t, A¢e, <\ & e. 1 Firm: V Nmot % l"J(i Date: S11, P -15 ofP -16 rl- CITY OF SANTA ANA PROPOSAL PROJECT NO.: 16 -1305 3Rb AND BUSH RESTROOM PUBLIC CONTRACT CODE SECTION 10162 OUESTIONNAIRE 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 K, If the answer is yes, explain the circumstances in the following space P -16 of P -16 20B -29 Contact: Jeff Townsend 714.562.3660 6650 Beach Blvd, P.O. Box 5009 Buena Park, CA 50622 4. Project: pedestrian Gate at the Community Center Owner: City of Buena Park Valuation: $46,454 Description: Tile removal and replacement, hot mop, pluming, restroom and kitchen renovation including appliance installation., paint, stainless steel. Contact: Jeff Townsend 714.562.3680 6650 Beach Blvd, P.O. Box 5009 Buena Park, CA 90622 5, Project: Holly Ave. Ball Wall Replacement Owner: Arcadia Unified School District Valuation: $50,000 Description: Concrete, demolition, rebar and asphalt for engineering of new handball courts. Contact: Jaime Morales: 626.821.8300 EXT: 6620 150 S. 3 rd Ave, Arcadia, CA 97.006 20B -30 Exhibit 3 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT NO.16 -1305 3RD AND BUSH RESTROOM This CONSTRUCTION CONTRACT is made and entered into this 215 day of June, 2016 , 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 referred to as "CITY" and Damon Inc„ hereinafter referred to as "CONTRACTOR ". WITNESSETH: The CITY mid the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: I. 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 3rd and Bush Restroom 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 grid 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 • 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 frill payment to complete the Work of Improvement the sum total amount not to exceed $174,454.00 — One hundred seventy -four thousand four hundred fifty -four dollars and no cents, as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A." Page 1 of 3 20B -31 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT N 0,16 -1305 3RD AND BUSH RESTROOM 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. 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. 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. 7, 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 $500,000, the Warranty Bond amount shall be the greater of $10,000 or 20% of the final contract price. For projects above $500,000, the Warranty Bond amount shall be the greater of $100,000 or 101/o of the final contract price. 8. 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. Page 2 of 3 20B -32 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT NO.16 -1305 3RD AND BUSH RESTROOM IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the clay and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS I'D FORM: SONIA R. CARVALHO City Attorney HY . os Sandoval ief Assistant City Attorney CITY OF SANTA ANA: DAVID CAVAZOS City Manager RECOMMENDED FOR APPROVAL: Fred Mousavipour Executive Director, Public Works Agency CONTRACTOR: Title: Page 3 of 3 20B -33 20B-34 COST ANALYSIS PROJECT NO. 16 -1305: 3RD AND BUSH STREETS PROJECT Construction Contract $ 174,454 Contract Administration $ 10,662 Inspection and Testing $ 15,506 Survey $ 0 Contingencies $ 34,892 TOTAL ESTIMATED CONSTRUCTION COSTS $ 235,514 EXHIBIT 4 20B -35 20B -36