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Item # 24
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
December 21, 2021
TOPIC: Construction Contract Award: SR-55/Ritchey Street Water Improvements
AGENDA TITLE
Approve Appropriation Adjustment in the amount of $7,250,000 and Award a Construction
Contract to James W. Fowler Co., in the Amount of $5,922,025, for the SR-55/Ritchey
Street Water Improvements Project, with an Estimated Project Delivery Cost of
$7,250,000 (Project Nos. 19-6438, 19-6439, 19-6440) (Non-General Fund)
RECOMMENDED ACTION
1. Approve an appropriation adjustment to recognize $7,250,000 in reimbursement
obligation funds from OCTA, as stipulated in the three Utility Reimbursement
Agreements for the State Route 55 Improvement Project, into the Acquisition &
Construction, Water Utility Capital Projects, Expense Reimbursement-OCTA revenue
account and appropriate the same amount into the Acquisition & Construction, Water
Utility Capital Projects, Water Capital Project expenditure account. (Requires five
affirmative votes)
2. Award a construction contract to James W. Fowler Co., the lowest responsible bidder,
in accordance with the base bid in the amount of $5,922,025, for construction of the
SR-55/Ritchey Street Water Improvements Project, for the term beginning September
21, 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.
3. Approve the Project Cost Analysis for a total estimated construction delivery cost of
$7,250,000, which includes $5,922,025 for the construction contract; $180,000 for
contract administration, inspection and testing; $150,000 for water engineering; and a
$997,975 project contingency for unanticipated or unforeseen work.
4. Approve an amendment to the Fiscal Year 2021-22 Capital Improvement Program to
include $1,650,000 in construction funds for the SR-55/Ritchey Street Water
Improvements Project.
Construction Contract Award: SR-55/Ritchey Street Water Improvements
December 21, 2021
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DISCUSSION
The Orange County Transportation Authority (OCTA) is the lead agency for the proposed
State Route 55 (SR-55) freeway widening project from Interstate 405 (I-405) to Interstate
5 (I-5). As a result of the proposed freeway widening, various utility relocations will be
needed along the corridor, including existing City water infrastructure consisting of a water
main on Ritchey Street, two water mains crossing the SR-55 freeway, and a pressure
regulating station adjacent to the SR-55 freeway near Warner Avenue (Exhibit 1).
Public Outreach and Contractor Participation
To provide an opportunity for local vendors to submit bids, a Notice Inviting Bids was
advertised in the Orange County Register newspaper on August 17 and August 24, 2021.
The project was also advertised on PlanetBids, and bids were received electronically via
PlanetBids on October 19, 2021.
The City notified a total of 1,145 regional vendors via PlanetBids, 50 of which are Santa
Ana based. 96 vendors requested bidding documents. A total of 6 bids were received;
however, no bids were received from Santa Ana contractors.
Bid Results Summary
RANK BIDDER’S NAME LOCATION BASE BID
1 James W. Fowler, Co.Dallas, OR $5,922,025.00
2 MMC, Inc.La Palma $6,504,692.00
3 Colich & Sons, L.P.Gardena $6,948,750.00
4 MNR Construction, Inc.La Verne $7,350,080.00
5 Ferreira Coastal Construction Co.Rancho
Cucamonga $1,643,340.00
Of the six bids received, five were deemed responsive. James W. Fowler Co. submitted
the lowest responsive base bid, in the amount of $5,922,025 (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 James W. Fowler Co., in the amount of the base
bid totaling $5,922,025 (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
Construction Contract Award: SR-55/Ritchey Street Water Improvements
December 21, 2021
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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 $7,250,000.
Project Item Total
Construction Contract $5,922,025
Construction Administration, Inspection, Testing $180,000
Contingencies $997,975
Water Engineering $150,000
TOTAL CONSTRUCTION DELIVERY COST $7,250,000
On May 5, 2020, the City Council authorized execution of three utility reimbursement
agreements (Exhibits 5, 6, and 7) with OCTA for water relocation costs related to the SR-
55 freeway widening project. The sum of the three utility agreements totals $6,600,000,
with an allowable final billing of 125 percent, for a total estimated reimbursement of
$8,250,000. On November 2, 2021, the City Council approved an appropriation
adjustment to recognize $1,000,000 in reimbursement obligation funds. To account for
the full 125 percent reimbursement allowable, the recommended action will recognize the
remaining available balance. Therefore, staff recommends appropriating $7,250,000 of
these reimbursement obligation funds from OCTA to complete the funding for
construction of the SR-55/Ritchey Street Water Improvements Project.
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the recommended actions
are exempt from further review.
FISCAL IMPACT
Approval of the requested Appropriation Adjustments will recognize $7,250,000 in
reimbursement obligation funds from OCTA, as outlined in the Cooperative Agreement
No. C-0-2201 and three Utility Reimbursement Agreements for the State Route 55
Improvement Project, into the Acquisition & Construction, Water Utility Capital Projects,
Expense Reimbursement-OCTA revenue account (No. 06617647-57004) and
appropriate the same amount into the Acquisition & Construction, Water Utility Capital
Projects, Water Capital Project expenditure account (No. 06617647-66301).
All funds expended for the water relocation project costs are anticipated to be reimbursed
by the Orange County Transportation Authority (OCTA). Funds will be budgeted and
available for expenditure in Account No. 06617647-66301 in the following water relocation
projects: $2,520,000 for Project No. 19-6438, $2,530,000 for Project No. 19-6439, and
$2,200,000 for Project No. 19-6440.
The following table summarizes the funds budgeted and available for expenditure to
deliver construction of this project. Any remaining balances not expended at the end of
the fiscal year will be carried forward for expenditure in the following fiscal year.
Construction Contract Award: SR-55/Ritchey Street Water Improvements
December 21, 2021
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Fiscal
Year
Accounting Unit –
Account No.
Fund
Description
Accounting Unit –
Account No.
Description
Amount
2021-22 06617647-66301
(19-6438)
Acquisition &
Construction
Water Utility Capital
Projects, Water
Capital Project
$2,520,000
2021-22 06617647-66301
(19-6439)
Acquisition &
Construction
Water Utility Capital
Projects, Water
Capital Project
$2,530,000
2021-22 06617647-66301
(19-6440)
Acquisition &
Construction
Water Utility Capital
Projects, Water
Capital Project
$2,200,000
TOTAL:$7,250,000
EXHIBIT(S)
1. Location Map
2. Bid Results
3. Construction Contract
4. Cost Analysis
5. Utility Reimbursement Agreement No. COSA-1101/1103
6. Utility Reimbursement Agreement No. COSA-1115
7. Utility Reimbursement Agreement No. COSA-1117
8. FY 2021-22 Capital Improvement Program Sheets
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency
Approved By: Kristine Ridge, City Manager
PWA
SANTA ANA
PUBLIC WORKS AGENCY
Project Nos. 19-6438, 19-6439, 19-6440:
Ritchey Street Water Main, SA-7 Pressure
Regulating Station, & SR-55 Water Main Crossing
Project
Location
City of Santa Ana
Ritchey St Water Main Relocation, SA-7 Pressure Reducing Station Relocation & SR-55 Water Crossing Relocation (19-6438, 19-6439 & 19-6440), bidding on 10/19/2021 2:00 PM (PST)
Page 1 of 5
Printed 11/08/2021
PlanetBids, Inc.
EXHIBIT 2
City of Santa Ana
Ritchey St Water Main Relocation, SA-7 Pressure Reducing Station Relocation & SR-55 Water Crossing Relocation (19-6438, 19-6439 & 19-6440), bidding on 10/19/2021 2:00 PM (PST)
Page 2 of 5
Printed 11/08/2021
PlanetBids, Inc.
EXHIBIT 2
City of Santa Ana
Ritchey St Water Main Relocation, SA-7 Pressure Reducing Station Relocation & SR-55 Water Crossing Relocation (19-6438, 19-6439 & 19-6440), bidding on 10/19/2021 2:00 PM (PST)
Page 3 of 5
Printed 11/08/2021
PlanetBids, Inc.
EXHIBIT 2
City of Santa Ana
Ritchey St Water Main Relocation, SA-7 Pressure Reducing Station Relocation & SR-55 Water Crossing Relocation (19-6438, 19-6439 & 19-6440), bidding on 10/19/2021 2:00 PM (PST)
Page 4 of 5
Printed 11/08/2021
PlanetBids, Inc.
EXHIBIT 2
City of Santa Ana
Ritchey St Water Main Relocation, SA-7 Pressure Reducing Station Relocation & SR-55 Water Crossing Relocation (19-6438, 19-6439 & 19-6440), bidding on 10/19/2021 2:00 PM (PST)
Page 5 of 5
Printed 11/08/2021
PlanetBids, Inc.
EXHIBIT 2
EXHIBIT 3CITY OF SANTA ANA
CONSTRUCTION CONTRACT
PROJECT NO. 19-6437, 19-6439 & 19-6440
SR-55/RITCHEY STREET WATER IMPROVEMENTS
This CONSTRUCTION CONTRACT is made and entered into this 21st day of December, 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 James W. Fowler Co.
(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 SR-55 Ritchey Street Water Improvements (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 Five Million Nine Hundred Twenty-Two
Thousand Twenty-Five Dollars and No Cents ($5,922,025.00), as set forth and identified in the BID
PROPOSAL, which is attached hereto and incorporated herein as Exhibit “A.”
The BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate
quantities only, and the City does not expressly or by implication agree that the actual amount of work
will correspond therewith, but reserves the right to increase or decrease the amount of any class or
portion of the work or to omit portions of the work as may be deemed necessary or advisable.
rev. 09/01/2017 Page 1 of 3
4. CONTRACTOR agrees to complete the WORK OF IMPROVEMENT within the time specified in
the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit “A”) including
commencing construction within the timeframe therein specified after issuance of a Notice to Proceed.
5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the WORK
OF IMPROVEMENT a salary or wage at least equal to the prevailing salary or wage established for
such work as set forth in the wage determinations for this work in accordance with applicable State
and Federal law.
6. If applicable, the CONTRACTOR shall adhere to the CITY’S Community Workforce Agreement
(CWA), a pre-hire collective bargaining agreement, which establishes the labor relations policies and
procedures for CONTRACTOR to follow in the crafts persons employed to complete the WORK OF
IMPROVEMENT as more fully described in the CWA. The CWA may be found on the City’s website
at:http://www.santa-ana.org/pwa/documents/CWA.pdf
7. CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY,
one in the amount of One Hundred Percent (100%) of the Contract price, to guarantee the faithful
performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100%)
of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment
Bond). This Contract shall not become effective until such bonds are supplied to and approved by the
CITY.
8. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention
payment, furnish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond
shall also be required as a condition of project acceptance. For projects up to Five Hundred Thousand
Dollars ($500,000), the Warranty Bond amount shall be the greater of Ten Thousand Dollars ($10,000)
or Twenty Percent (20%) of the final contract price. For projects above Five Hundred Thousand
Dollars ($500,000), the Warranty Bond amount shall be the greater of One Hundred Thousand Dollars
($100,000) or Ten Percent (10%) of the final contract price.
9. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and
Worker’s Compensation Insurance as outlined in the General Provisions, to be approved by the CITY.
10. INDEMNIFICATION.
To the fullest extent allowed by law, CONTRACTOR and its Subcontractors hereby agree to defend,
indemnify, and hold harmless CITY, its City Council, boards and commissions, officers, agents,
employees, representatives and volunteers (hereinafter collectively referred to as "Indemnitees"),
through legal counsel acceptable to CITY, from and against any liability, claims, actions, costs,
damages or losses, including reasonable costs and attorney’s fees, for injury, including death to any
person or damage to any property, arising directly or indirectly from, or in any manner relating to, any
of the following:
(i)Performance or nonperformance of the Work of Improvement by CONTRACTOR or its
Subcontractors of any lower tier;
(ii)Performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier,
of any of the obligations under the Contract Documents;
Page 2 of 3
(iii) The construction activities of CONTRACTOR or its Subcontractors of any lower tier, either
on the project site or on other properties;
(iv)The payment or nonpayment by CONTRACTOR of any of its Subcontractors of any lower
tier, for Work of Improvement performed on or off the project site; and
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.
(v)
(vi)The indemnity obligations of Subcontractors provided by this Section shall be included in all
subcontract documents issued by CONTRACTOR.
Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in
favor of CONTRACTOR against CITY or any other Indemnitee.
IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and
year first above written.
ATTEST:CITY OF SANTA ANA
DAISY GOMEZ
Clerk of the Council
KRISTINE RIDGE
City Manager
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
CONTRACTOR:
James W. Fowler Co.
By:
JOHN FUNK JOHN B. FOWLER
Senior Assistant City Attorney Executive Vice President
RECOMMENDED FOR APPROVAL:
NABIL SABA, PE
Executive Director
Public Works Agency
Page 3 of 3
EXHIBIT A
100,000 100,000.00
5,000
270
5,000.00
70,200.00
433,200.00300
1,100
4,000
14,000
132,000.00
8,000.00
70,000.00
40,000
18,000
14,000
7,000
40,000.00
90,000.00
56,000.00
29,000.00
4,000 20,000.00
EXHIBIT A
15,000
300
15,000.00
25,200.00
20,000
1,500
4,000
60,000.00
3,000.00
12,000.00
2,500
7,500
7,500
22,500.00
30,000.00
7,500.00
8,500 8,500.00
15,000 15,000.00
10,000 10,000.00
1,000
65,000
29,000
55,000
1,000.00
65,000.00
29,000.00
55,000.00
450 45,000.00
1,476,100.00
EXHIBIT A
200,000
5,000
200,000.00
5,000.00
725,000
250,000
725,000.00
250,000.00
20,000
40,000
20,000.00
40,000.00
450,000
75,000
80,000
450,000.00
75,000.00
80,000.00
200,000
125,000
200,000.00
125,000.00
65,000
18,000
5,600
65,000.00
18,000.00
5,600.00
3,000 3,000.00
EXHIBIT A
2,281,600.00
100,000 100,000.00
10,000 10,000.00
350
300
35,700.00
23,100.00
1,725.00 1,725.00
2,200
2,700
6,000
547,800.00
672,300.00
12,000.00
35,000
5,000
300
35,000.00
5,000.00
17,100.00
20,000
25,000
50,000
40,000.00
50,000.00
50,000.00
15,000
10,000
15,000.00
10,000.00
EXHIBIT A
20,000 20,000.00
5,000
80,000
20,000
5,000.00
80,000.00
20,000.00
65,000
450
65,000.00
45,000.00
2,164,325.00
EXHIBIT A
5,922,025.00
EXHIBIT 4
Construction Contract 5,922,025.00$
Contract Administration, Inspection and Testing 180,000.00$
Contingencies 997,975.00$
Water Engineering 150,000.00$
TOTAL ESTIMATED CONSTRUCTION COSTS 7,250,000.00$
CONSTRUCTION OF PROJECT NOS. 19-6438, 19-6439, 19-6440: RITCHEY
STREET WATER MAIN, SA-7 PRESSURE REGULATING STATION, AND SR-55
WATER MAIN CROSSING
COST ANALYSIS
EXHIBIT 5
EXHIBIT 5
EXHIBIT 5
EXHIBIT 5
EXHIBIT 5
EXHIBIT 5
EXHIBIT 6
EXHIBIT 6
EXHIBIT 6
EXHIBIT 6
EXHIBIT 6
EXHIBIT 6
EXHIBIT 7
EXHIBIT 7
EXHIBIT 7
EXHIBIT 7
EXHIBIT 7
EXHIBIT 7
EXHIBIT 8
CITY OF SANTA ANA FY 21/22 CIP
CAPITAL IMPROVEMENT PROJECT WORKSHEET
PROJECT TITLE:PROJECT DESCRIPTION:PROJECT NEED:
SR-55 Widening - Ritchey Street Water Main
Relocation
Relocate water main on Ritchey Street as part of SR-55
widening project.
Relocation is needed to accommodate OCTA/Caltrans
SR-55 widening project.
PROJECT CATEGORY:
Utility/Drainage/Lighting Improvements -
Water Improvements
LOCATION MAP
PROJECT COSTS FY 21/22 FY 22/23
FY 22/23
FY 23/24
FY 23/24
FY 24/25
FY 24/25
FY 25/26
FY 25/26
FY 26/27
FY 26/27
FY 27/28
FY 27/28
Construction 1,250,000
1,250,000TOTAL
SOURCE OF FUNDS FY 21/22
WTR UTY CAPITAL 1,250,000
TOTAL 1,250,000
AGENCY:
Public Works Agency
DIVISION:
Water Resources
CONTACT:
Robert Aguirre, Senior Civil Engineer
DATE:
09-Dec-2021
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EXHIBIT 8
CITY OF SANTA ANA FY 21/22 CIP
CAPITAL IMPROVEMENT PROJECT WORKSHEET
PROJECT TITLE:PROJECT DESCRIPTION:PROJECT NEED:
SR-55 Widening - SA-7 Relocation Relocation of SA-7 pressure regulating station.Relocation is needed to accommodate OCTA/Caltrans
SR-55 widening project.
PROJECT CATEGORY:
Utility/Drainage/Lighting Improvements -
Water Improvements
LOCATION MAP
PROJECT COSTS FY 21/22 FY 22/23
FY 22/23
FY 23/24
FY 23/24
FY 24/25
FY 24/25
FY 25/26
FY 25/26
FY 26/27
FY 26/27
FY 27/28
FY 27/28
Construction (100,000)
(100,000)TOTAL
SOURCE OF FUNDS FY 21/22
WTR UTY CAPITAL (100,000)
TOTAL (100,000)
AGENCY:
Public Works Agency
DIVISION:
Water Resources
CONTACT:
Robert Aguirre, Senior Civil Engineer
DATE:
09-Dec-2021
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EXHIBIT 8
CITY OF SANTA ANA FY 21/22 CIP
CAPITAL IMPROVEMENT PROJECT WORKSHEET
PROJECT TITLE:PROJECT DESCRIPTION:PROJECT NEED:
SR-55 Widening - Water Main Relocation Relocate 12" and 24" water mains crossing SR-55 near
Warner
Relocation is needed to accommodate OCTA/Caltrans
SR-55 widening project.
PROJECT CATEGORY:
Utility/Drainage/Lighting Improvements -
Water Improvements
LOCATION MAP
PROJECT COSTS FY 21/22 FY 22/23
FY 22/23
FY 23/24
FY 23/24
FY 24/25
FY 24/25
FY 25/26
FY 25/26
FY 26/27
FY 26/27
FY 27/28
FY 27/28
Construction 500,000
500,000TOTAL
SOURCE OF FUNDS FY 21/22
WTR UTY CAPITAL 500,000
TOTAL 500,000
AGENCY:
Public Works Agency
DIVISION:
Water Resources
CONTACT:
Robert Aguirre, Senior Civil Engineer
DATE:
09-Dec-2021
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