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HomeMy WebLinkAboutItem 19 - San Lorenzo Sewage Lift StationPublic Works Agency www.santa-ana.org/pw Item # 19 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report November 16, 2021 TOPIC: San Lorenzo Sewage Lift Station AGENDA TITLE Approve an Agreement with Arch Insurance Company to Take Over the San Lorenzo Sewage Lift Station Project (Project No. 06-3510) (Non -General Fund) RECOMMENDED ACTION Authorize the City Manager to execute an agreement with Arch Insurance Company to take over the San Lorenzo Sewage Lift Station Project and be responsible for the completion of all work in accordance with the contract subject to non -substantive changes approved by City Manager and City Attorney. DISCUSSION On October 1, 2019, the City Council awarded a contract to Rockforce Construction, LLC, the lowest responsible bidder, in accordance with the base bid in the amount of $7,606,500, for construction of the San Lorenzo Sewage Lift Station Project. The location of this project is approximately 350 feet from the Northeast corner of Bristol Street and Segerstrom Avenue. Rockforce Construction met all inspection and testing requirements to complete approximately 45 percent of the contract scope of work. However, due to their inability to continue construction of the remaining project scope, Rockforce Construction defaulted on the contract. In compliance with the Standard Specifications for Public Works Construction ("Green book"), staff began the process of terminating the contract for default. On August 16, 2021, staff terminated the contract and negotiated with Arch Insurance Company to take over the project, as required by the Performance and Payment Bonds. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Execute Agreement with Arch Insurance Company November 16, 2021 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. The originally approved project cost analysis will not change and the surety will be responsible for expenses related to the transition and cost escalation of labor and materials. EXHIBIT(S) 1. Takeover Agreement 2. Rockforce Staff Report - https://www.santa- ana.org/sites/default/files/pw/documents/San Lorenzo_ Lift_ Station_ Project_ Staff _Report%2011 _16_21. pdf Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager TAKEOVER AGREEMENT PROJECT 06-3510 SAN LORENZO SEWAGE LIFT STATION PROJECT I. RECITALS 1. The parties to this Takeover Agreement ("Agreement") are ARCH INSURANCE COMPANY ("Arch" or "Surety") and the CITY OF SANTA ANA ("Owner"). This Agreement is effective as of the date last signed by any party ("Effective Date"). 2. Owner entered into a Contract (the "Contract") with ROCKFORCE CONSTRUCTION, LLC ("ROCKFORCE" or "Principal") for ROCKFORCE to furnish all labor and material and perform all work for the San Lorenzo Sewage Lift Station project (the "Project") in accordance with the terms and provisions of the Contract, a copy of the Contract being attached hereto as Exhibit "A" and incorporated herein, including all Contract Documents forming a part of the Contract, as enumerated in the Contract and modifications, amendments and/or changes to the Contract effectuated prior to the Effective Date of this Agreement. References herein to the "Contract" shall be deemed to include references to all modifications, amendments and/or changes to the Contract effectuated prior to the Effective Date of this Agreement. 3. As required by the Contract, Surety issued Performance and Payment Bonds numbered SU1156899 identifying ROCKFORCE as the principal and Owner as the obligee (the "Performance Bond" and "Payment Bond"), each of which are in the Penal Sum equal to the Contract Price under the Contract of $7,606,500 copies of these Bonds being attached hereto as Exhibit "B", respectively, and incorporated herein; 4. On August 16, 2021, Owner terminated the Contract for ROCKFORCE's defaults thereunder, and the Notice of Termination for Breach being attached hereto as Exhibit "C" and incorporated herein. The Owner subsequently made demand upon the Performance Bond for Arch to complete the Project. 5. As of the date of ROCKFORCE's default under the Contract, certain work and other obligations of ROCKFORCE remain to be performed under the Contract. 6. Surety acknowledges its obligations under the Performance Bond to perform and complete the Remaining Work/Obligations upon ROCKFORCE's default and termination by the Owner; accordingly, Surety agrees to complete the Remaining Work/Obligations by retaining one or more Completion Contractor, subject to written approval by Owner, to complete the Remaining Work/Obligations under the Contract, in accordance with the terms, conditions and other requirements of the Contract, subject to the terms and conditions of the Performance Bond and this Agreement. 7. The Owner acknowledges that Arch is acting in its capacity as the Surety for ROCKFORCE in making arrangements for the performance and completion of the Remaining Work/Obligations. NOW, THEREFORE, based on the exchange of valuable consideration, including the covenants and conditions of this Agreement, the receipt and sufficiency of which is acknowledged, and based on the Recitals set forth above which form a part of this Agreement, Surety and Owner agree to the following terms and conditions: II. TERMS AND CONDITIONS 1. Recitals. The above Recitals and the Terms and Conditions herein are contractual and not merely recitals and the agreements contained herein and consideration transferred are to satisfy the rights and obligations between Owner and Surety, except as to claims reserved by this Agreement. 2. Incorporation of the Contract. The Contract is incorporated by reference into this Agreement, including the Contract Documents, including but not limited to, any Addendum (which pertains to the Contract Documents), Notice Inviting Bids, Instructions to Bidders, Bid (including documentation accompanying the Bid and any post -bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Contract, the Bonds, permits, the Special Provisions, the Plans, Standard Plans, Standard Specifications, Reference Specifications, and all Modifications issued after the execution of the Contract All terms of the Contract are incorporated herein, 3. The Balance of the Contract Sum. Arch will procure the performance of the Remaining Work relying on, among other things, the Owner's representation that the outstanding earned and unpaid Contract funds in the amount of $4,324,389.00 shall be paid to Arch. The Owner represents that the Balance of the Contract Sum as follows: Contract Price: $7,606,500.00 Approved Change Orders: $ 61,803.00 Current Contract Price: $7,668,303.00 Amount Paid to Principal: $3,343,914.00 "Balance of the Contract Sum": $4,324,389.00 Owner agrees that the Balance of the Contract Sum is dedicated to and will be paid to Arch for the completion of the Remaining Work pursuant to this Agreement. The Balance of the Contract Sum includes $183,794.55 in retention, which shall be released to Arch pursuant to the terms of the Contract. Arch expressly reserves the right to verify all Contract fund accountings and to request the appropriate adjustments from the Owner and/or its representatives. The Balance of the Contract Sum shall be increased by the value of future Change Orders subsequently approved by Owner. 4. Surety to Perform Remaining Work. Surety shall be responsible for the completion of all Work in accordance with the entire Contract. Surety shall perform the Remaining Work through one or more completion contractors (hereinafter "Completion Contractor"), subject to written approval by the Owner, which Surety shall engage 2 pursuant to the terms of a separate agreement. Owner hereby acknowledges that Surety is not acting as a contractor and is not licensed as a contractor in the State of California, and hereby agrees to fully and forever waive and release any and all claims that Owner might allege against Surety on the grounds that Surety is an unlicensed contractor for the work performed pursuant to the Agreement. 5. Owner's Rights and Obligations Under the Contract. Except to the extent provided in this Agreement, Owner shall have all rights, obligations and responsibilities under the Contract with respect to Surety, to the reasonable extent and effect as if Surety had executed the Contract. 6. Owner's Right With Respect to Changes in the Work. Owner reserves the right, to the extent appropriate under the Contract and this Agreement, to issue Change Orders. The terms of these Change Orders, including attendant extensions of time and valuation of Change Order work, shall be determined as provided in the Contract. Surety reserves the right to refuse to perform any extra or additional work if such work constitutes a cardinal change under the Contract. Owner reserves the right to dispute that the extra or additional work constitutes a cardinal change and to immediately submit the dispute to mediation with a mutually agreeable mediator followed, if necessary, by legal action, including but not limited to any appropriate injunctive or other equitable relief. 7. Schedule for Completion of Remaining Work and New Completion Date. Within ten (10) calendar days after the Effective Date of this Agreement, Completion Contractor shall furnish to Owner all insurance certificates and other proofs of insurance required by the Contract, prior to starting work. The Owner will give a Notice to Proceed after all insurance requirements of the Contract have been met. Within thirty (30) days after the Notice to Proceed is issued, Surety and Owner will agree upon the "Takeover Final Completion Date" by which Surety shall complete the Project. Owner waives any right to liquidated damages permitted under the Contract accruing prior to the "Takeover Final Completion Date," but retains the right to assess liquidated damages if the Surety does not complete the Project by the Takeover Final Completion Date, subject to claims by Surety for excusable and/or compensable delay, at the rate of $1,500 per calendar day, and at Owner's discretion. If assessed by the Owner, Arch shall be liable for liquidated damages after the Takeover Final Completion Date. 8. Completion Contractor. The Completion Contractor shall be a contractor to the Surety, and no contractual relationship shall exist between Owner and Completion Contractor pursuant to this Agreement. Insurance and license requirements for the Completion Contractor shall be in accordance with the Contract Documents. The Completion Contractor shall not be required to procure new surety bonds identifying the Owner as obligee. Owner acknowledges that, subject to the terms of the Contract, the Completion Contractor is authorized to make routine day-to-day decisions regarding the operation and manner of performing the Remaining Work, but does not have authority to: (i) agree to any changes in the Contract or Remaining Work other than minor design changes or clarifications that do not increase the Project's cost nor extend its schedule (ii) agree to any Change Orders; (iii) agree to any back charges or deductions of any nature; 3 (iv) agree to any schedule changes; or (v) agree to any adjustments in the Contract amount or Remaining Work other than minor design changes or clarifications that do not increase the Project's cost nor extend its schedule , without the Surety's prior express written consent which shall be delivered to Owner as a condition precedent to the Completion Contractor negotiating items (i) through (v), such consent not to be unreasonably withheld. The Remaining Work shall be subject to inspection and acceptance by the Owner and applicable federal, state and local agencies with jurisdiction, as provided in the Contract. The Owner shall forward concurrently to Surety (by U.S. Mail or email as appropriate), a copy of all its written communications directed to the Completion Contractor. 9. Surety Representative. All communications and administration will be between the Owner and the Surety and its consultant, Richard Tropp of J.S. Held, LLC (the "Consultant"). The Surety hereby designates and authorizes Consultant to sign, on Surety's behalf, any instrument which is required, or may be requested, by the Owner in connection with the administration of the Contract. 10. Preservation of the Penal Sum Of Performance Bond. The Owner hereby confirms that Arch's liability and obligation hereunder shall not extend beyond the penal sum of its Performance Bond. All payments made by Arch previously, and those made in the future, have been and will be credited against the penal sum of the Performance Bond, less the amount paid to Arch under the Contract and this Agreement. Neither this Agreement nor any other Arch act constitutes a waiver of such penal sum or an increase in the liability of Arch under the Performance Bond. 11. Payment Bond and Payment Bond Claims. The Payment Bond shall remain in full force and effect in accordance with its terms and provisions. The total liability of the Surety under the Payment Bond is limited to and shall not exceed the penal sum of the Payment Bond. 12. Payment Requisitions. Surety, through its Completion Contractor, shall submit to Owner whatever information or documentation is required regarding the work performed under the Contract, to conform and support the requisition process and schedule established under the Contract. Owner recognizes that Surety shall be completing the Remaining Work through the services of the Completion Contractor. Subject to requirements of the Contract Documents, Owner shall accept the Completion Contractor's work, progress of the work, quality of the work, conformance of the work to the requirements of the Contract, payments to others, warranty and maintenance of the work, and all other matters pertinent to the Contract, wherever such representations are required by the Contract, as if those representations had been made by Surety, since Surety may have no personal knowledge of such matters. 13. Satisfaction of Surety's Performance Obligation. Surety's satisfaction of its obligations under the Contract, the Bonds and this Agreement or Surety's expenditure of the Performance Bond Penal Sum, whichever comes first, shall satisfy Surety's performance obligations under the Contract, its Performance Bond and this Agreement. Owner represents that Principal would have been required to complete all of its 4 obligations under the Contract had Principal not been declared to be in default and that, prior to the date of this Agreement and other than approved changed orders, Owner had not made any agreement with Principal that any item of work included in the Contract would not have to be performed. 14. Notices. All notices and correspondence to Owner, other than routine email correspondence, shall be mailed, with a copy by email, to: Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92702 nsaba@santa-ana.org with copy to: City Attorney City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92702 jfunk@santa-ana.org All notices and correspondence to Surety, other than routine email correspondence, shall be mailed and emailed to: Susan D. Neff, Esq. Senior Surety Counsel Arch Insurance Company 865 S. Figueroa Street, Suite 2700 Los Angeles, California 90017 sneff(c archinsurance.com With a copy to: Christopher Bunge Watt, Tieder, Hoffar & Fitzgerald, LLP 4 Park Plaza, Suite 1000 Irvine, California 92614 cbunge(cwatttieder. com and Richard Tropp J.S. Held, LLC 1701 Quail Street, Suite 200 5 Newport Beach, California 92660 rtropp(�j sheld.com 15. No Third -Party Rights. Nothing in this Agreement shall be deemed to create any rights in favor of, or to inure to the benefit of, any third parties, or to waive or release any defense or limitation against third party claims. 16. All Claims Referred to Surety. Owner recognizes that Surety may be liable to unpaid suppliers and subcontractors of Principal. Other than as required by law, Owner agrees to make no representations or promises of payment to these suppliers and subcontractors and to refer all inquiries to Surety. 17. Surety's Performance Rights Confirmed. Nothing shall limit Surety's rights as a Completing Surety under the Contract and applicable law. Owner hereby recognizes those rights, including the right of equitable subrogation. Further, Owner recognizes Surety's rights as a performing Surety under the Contract, including the right to additional compensation or damages where allowed or appropriate under the Contract or applicable law for claims or matters arising after the date of this Agreement. The Owner expressly agrees and acknowledges: (i) that Surety is entering into this Agreement not as a contractor, but as a means of satisfying the Surety's performance bond obligations; (ii) that the Surety has provided to Owner the Completion Contractor, a licensed contractor, to finish the Project; and (iii) that the Owner hereby forever releases and discharges any and all claims that the Surety as an unlicensed contractor. 18. Agreement Binding on Successors. This Agreement shall be binding upon the successors and assignees of Surety and Owner. Surety shall not assign this Agreement without the written consent of Owner. Assignment without such written consent shall be void. 19. No Modification Except in Writing_ This Agreement cannot be modified except in a writing signed by both Owner and Surety. 20. This Agreement Controls. In case of conflict between the provisions of this Agreement and the provisions of the Contract and/or Performance and Payment Bonds, this Agreement shall control. Notwithstanding any other provision herein, this Agreement shall not be interpreted to limit any of the Owner's rights under the Contract or the Performance Bond. Further, this Agreement, the Contract and the Performance and Payment Bonds constitute the entire Agreement between Owner and Surety and, together, supersede all prior negotiations, representations, offers, other writings and oral statements of every description. 21. Construction and Application of Law. The parties stipulate that this Agreement and all agreements or documents incorporated herein shall not be subject to the rule of construction that a written agreement is construed against the party preparing or drafting that Agreement. The parties also agree that this Agreement and its 6 performance shall be governed by and construed in accordance with all applicable local, state, and federal laws, regulations, rules, and ordinances. 22. Validity. The provisions of this Agreement shall be applied and interpreted in a manner consistent with each other so as to carry out the purposes and intent of the parties, but if for any reason any provision is unenforceable or invalid, such provision shall be deemed severed from this Agreement and the remaining provisions shall be carried out with the same force and effect as if the severed provision had not been a part of this Agreement. The headings of the Paragraphs are included solely for convenience of reference, and if there is any conflict between such headings and the text of Agreement, the Agreement shall control. This Agreement shall be governed by the laws of the State of California. 23. No Waiver. The failure of either party to exercise in any respect a right provided for in this Agreement shall not be deemed to be a subsequent waiver of the same right or of any other right. 24. Counterparts/Facsimile. This Agreement may be executed in any number of counterparts each of which, when executed and delivered, shall be deemed to be an original with all the counterparts constituting but one and the same instrument. Additionally, facsimile signature shall bind the undersigned. 25. Reservation of Rights. Notwithstanding any contrary statement or provision of this Agreement, nothing contained herein nor any payments made pursuant hereto nor any performance hereunder shall constitute a waiver of any claims by any party to this Agreement. 26. Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that, by so executing this Agreement, the parties hereto are formally bound to the provisions of this Agreement. 27. Applicable Laws. In performing its obligations and duties under this Agreement, each party shall comply with all applicable local, state, and federal laws, regulations, rules, and ordinances. 28. Attorneys' Fees. In the event any action is brought between the parties hereto relating to this Agreement or the breach thereof, the prevailing party in such action shall be entitled to recover from the other party reasonable expenses, attorneys' fees and costs in connection with such action or proceeding. [Signatures on following page.] 7 WHEREFORE, the parties have executed this Agreement by their authorized representatives. This Agreement is effective as of the last date written below. DATED: CITY OF SANTA ANA By: Its: DATED: f t — I-� oa 1 ARCH INSURANCE COMPANY /, i By: Susan D. Neff Its: Senior Surety Counsel APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney �4 s/v. f'-.� By John M. Funk Senior Assistant City Attorney EXHIBIT CITY OF SANTA ANA OCT 15 2019 CONSTRUCTION CONTRACT PROJECT 06-3510 SAN LORENZO SEWAGE LIFT STATION PROJECT This CONSTRUCTION CONTRACT is made and entered into this 1" day of October, 2019 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 Rockforce Construction, LLC (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 San Lorenzo Sewage Lift Station 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 Seven Million Six Hundred Six Thousand Five Hundred and No Cents ($7,606,500.00), 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 I 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. orgrpwa/do cuments/C W A.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. $. 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. I/ Page 2 of 3 IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: DAISY GOMEZ Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: �V' 7g, -f.L WIN FUNK Assistant City Attorney RECOMMENDED FOR APPROVAL: k—z�rV FS, FUAD SWEISS, PE, PLS Executive Director Public Works Agency CITY OF SANTA ANA KRISTINE RID City Manager CONTRACTOR: Rockforce Construction, LLC AME: GRA'IG'� �6�"N TITLE: Vice P►�SI,y,f Page 3 of 3 City of Santa Ana San Lorenzo Sewage Lift Station (06.3510), bidding on July 9, 2019 2:00 PM (Pacific) Bic! Results Bidder Details Vendor Name Rockforce Construction, LLC Address 26772 Vista Terrace Lake Forest, CA 92630 United States Respondee Craig Roth Respondee Title Vice President Phone 949-441-5200 Ext. 5245 Email craigr@rockforce.com Vendor Type License # 999390 CA DIR Bid Detail Bid Format Electronic Submitted July 9, 2019 1:52:38 PM (Pacific) Delivery Method Hid Responsive Bid Status Submitted Ccnflrmatlan # 184065 Ranking 0 Respondee Comment Buyer Comment Attachments File Title General Forms Ownership Affidavit Bid Bond Non Collusion Affidavit File Name Proposal.pdf Ownership Aftldavit.pdf Bid Bond.pdf Non Collusion.pdt Subs Subs.pdf Line Items Type Item Code UOM Base Sid Proposal 1 MobilizationlDemobiiizaticn* LS 2 Sheeting, Shoring, Bracing and ExcavationlTrench Protection LS Qty Page 1 Printed 08/1512019 EXHIBIT File Type General Forms Ownership Affidavit (Notary Public)- REQ Original Hard Copy Submittal in Addition Bid Bond Guaranty (Notary Public) - REQ Original Hard Copy Submittal in Addition Non -Collusion Affidavit (Notary Public) - REQ Original Hard Copy Submittal in Addition Subcontractor Listing Form Unit Price Line Total Comment 1 $350,000.00 $350.000.00 1 $700,000.00 $700,000.00 PlanetBids, Inc. City of Santa Ana Page 2 San Lorenzo Sewage Lift Station (06-3510), bidding on July 9, 2019 2;00 PM (Padtic) Printed 08/15/2019 Bid Results EXHIBIT A Type Item. Code u0M q!y Unit Price Llne Total Comment 3 Construct, Operate and Maintain a Dewaterlrg System LS 1 $300,000.00 $300,000.00 4 Construct Sewage Lift Station LS 1 $3,200,000.00 $3,200,000.00 5 Furnish and Install Electrical Equipment and Facilities LS 1 $570,000.00 $570,000.00 6 Furnish and Install Instrumentatlon and Control Equipment and Facilities including Programming LS 1 $116,000.00 $115,000.00 7 Construct Site Piping LS 1 $50,000.00 $50,000.00 8 Construct Site Improvements LS 1 $300,000.00 $300,000.00 9 Construct Temporaty Sewer Bypass of Existing 10" Sewer at Lift Station Site LS 1 $75,000.00 $75,000.00 10 Construct Electrical Conduit from Existing Generator by Directional Drilling LS 1 $20,000.00 $20,000.00 11 Demolition of Existing Segerstrom Lift Station LS 1 $20,000.00 $20,000,00 12 Construct Parallel Force Mains and Valves, and 15" Gravity Sewer and Manholes from Sta. 7+87t to Sta. 25+721 LS 1 $560,000.00 $560,000.00 13 Construct 15" Gravity Sewer and Manholes from Sta 20+00 to Sta, 25+72± LS 1 $580,000,00 $580,000,00 14 Construct 12" Gravity Sewer and Manholes from Sta. 30+00 to Sta, 31+90± LS 1 $200,000.00 $200,000.00 15 Construct Connection to OCSiD Existing Manhole (Manhole No. 11) LS 1 $5.000.00 $5,000.00 16 Abandon In Place Existing Sewer Mains LS 1 $12,000.00 $12,000.00 17 Furnish and Install Irrigation and Landscaping LS 1 $15,000.00 $16,000.00 18 Prepare and Obtain Approval of Traffic Control Plans LS 1 $10,000.00 $10,000.00 PlanetSids, [no. City of Santa Ana Page 3 San Lorenzo Sewage Lift Station (06-3510), bidding on July 9, 2019 2:00 PM (Pacific) Printed 09115/2019 Bid Results EXHIBIT A Type Item Code UQM Qty Unit Price Line Total Comment 19 Provide and Maintain Traffic Control LS 1 $50,00o.0o $50,000.00 20 Prepare and Implement Stormwater Pollution Prevention Plan LS 1 $20,000.00 $20,000.00 21 Removal of Existing Median/Landscaping, Construct Temporary Pavement including Re -striping, and Replacement of Median and Landscaping L5 1 $130,000.00 $130,000.00 22 Removal and Replacement of Concrete Bus Pad LS 1 $30,000.00 $30,000.00 23 Removal and Replacement of Curb, Gutter, Sidewalk and Medians LS 1 $18,0p0,00 $18,000.00 24 Replacement of Traffic Lopps, Detectors and Wiring LS 1 $15,000.00 $15,000.00 25 Construct Grind and ARHM Overlay SF 44000 $2.25 $99,000.00 26 Furnish and Install Final Striping and Replacement of Pavement Markings LS 1 $15,000,00 $15,000.00 27 TV Inspection of Gravity Sewer Mains LS 1 $5,000.00 $5,000.00 28 Pothaling LS 1 $50,000,00 $50,000.00 29 Over -Excavation and Subgrade Stabilization of Trenches" CY 100 $225.00 $22,500.00 30 Construction Staking LS 1 $30,000.00 $30,000.00 31 Start-up, Testing and Training LS 1 $15,000.00 $15,000.00 32 As -Built Plans, O&M Manuals and Warranties LS 1 $51000.00 $5,000.00 33 Permits LS 1 $20,000.00 $20,000.00 34 Labor Agreement Oversight LS 1 $10,000�00 $10,000.00 PlanetBlds, Inc. City of Santa Ana Page 4 San Lorenzo Sewage Lift Station (06-3510), bidding on July 9, 2019 2:00 PM (Pacific) Printed 08/1512019 Bid Results EXHIBIT A Type Item Code UOM 4ty Unit PrIce Line Total Comment Subtotal $7,606,500.00 Asterisk Notes (per P-3 of P-17 of Speclflcations) . NOT part of Total Bid Calculatlon 35 " = Mobilization/Demobliization bid item is limited to a maximum of 5% of the Totai Bid ea 0 0 U 36 "" = 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... ea 0 U 0 Subtotal 0 Total $7,606,500.00 PlanetBids, Inc. CITY OF SANTA ANA PROPOSAL PROJECT NO.: 06-3510 EXHIBIT A SAN LORENZO SEWAGE LINT STATION 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). * Mobilization/Demobilization bid item is limited to a maximum of5% of the Total Base Bid. ** 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. 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 three hundred (300) working days after the commencement date stated in the Notice to Proceed. The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $1,500 per calendar day. Name of Firm Rockforce Cpnstructbn, LLC Signature of BIDDER Title Chief Estimator / VP Heavv Civil (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) P-3 of P-17