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HomeMy WebLinkAbout2022-09-13 - AGENDA REPORTS - CENTRAL PARK PROJ P4019 TRIPARTITE TENDER AGMTO Agenda Item: 8 1. CITY OF SANTA CLARITA AGENDA REPORT CONSENT CALENDAR CITY MANAGER APPROVAL: �1 A11�443 DATE: September 13, 2022 SUBJECT: CENTRAL PARK BUILDOUT, PROJECT P4019 - TRIPARTITE TENDER AGREEMENT DEPARTMENT: Public Works PRESENTER: Shannon Pickett RECOMMENDED ACTION City Council: 1. Authorize the City Manager or designee to finalize and execute all necessary documents, including a tripartite tender agreement, subject to City Attorney approval, which includes a completion offer (contract) to Urban Habitat in an approximate amount of $10,002,385, and authorize a contingency in the amount of $1,000,238, for a total contract amount not to exceed $11,002,623, as well as authorize the City Manager to approve the finalized reimbursement amount to the City for additional costs incurred to ensure the City is not financially disadvantaged by the prior contractor's default. 2. Appropriate funds in the amount of $2,100,000 from Facilities Fund (Fund 723) to expenditure account P4019723-516101, increase Facilities Fund revenue account 723- 462101 by $2,100,000, and increase General Fund Miscellaneous revenue account 100- 462101 by approximately $400,000. 3. Extend the current contract and authorize an increased expenditure authority for civil engineering services, surveying services, and construction support with Psomas in the amount of $14,480 and authorize a contingency in the amount of $1,448, for a total additional contract amount not to exceed $15,928. BACKGROUND The Central Park Buildout project is being constructed at the southwest corner of Central Park near the intersection of Bouquet Canyon Road and Alamogordo Road, as indicated on the attached vicinity map. The scope of work includes the addition of four full-sized multipurpose fields, the installation of sport field lighting, landscaping and irrigation, various site furnishings, Page 1 Packet Pg. 46 O a restroom building, upgrades to the adjacent dog park, including a lighted accessible walkway from the new parking lot to the dog park, 268 additional parking spaces, exercise stairs, and the construction of an emergency access road from the existing parking lot to an adjacent street. This project supports the Building and Creating Community theme of the City of Santa Clarita's (City) five-year strategic plan, Santa Clarita 2025. On September 28, 2021, the City Council awarded a construction contract to Spectrum Construction Group, Inc. (Spectrum), the lowest responsible bidder, to construct the Central Park Buildout project. Their bid was reviewed for accuracy and conformance to the contract documents and found to be complete. Construction began on January 10, 2022, and proceeded until April 29, 2022, when City staff terminated Spectrum's right to proceed for default. Staff coordinated with the City Attorney's office to work with Spectrum's surety company, Great American Insurance Company (GAIC), to find an acceptable contractor to complete the project. On May 23, 2022, GAIC administered a Solicitation for Offers (SFO) requesting offers from two construction companies, AMG & Associates and Urban Habitat, to complete this project. AMG & Associates previously submitted a bid as a general contractor and Urban Habitat previously submitted bids as a subcontractor. Urban Habitat was the offeror GAIC selected to present to the City for completion of the project. Urban Habitat possesses a valid Class A state contractor's license and is in good standing with the Contractors State License Board. City staff reviewed the contractor's bid for accuracy and conformance to the contract documents and found it to be complete. A tripartite tender agreement between GAIC, Urban Habitat, and the City has been prepared and details all responsibilities of each party with respect to the construction of this project. The City Attorney's office has reviewed this agreement to ensure it includes the entire scope necessary to complete the project and obligates GAIC to cover all costs and losses the City may encounter above the remaining budget amount, as well as any losses resulting from Spectrum's work on the project. Staff recommends entering into the tripartite tender agreement with GAIC and Urban Habitat. The original contract amount with Spectrum was $9,770,716.42. Due to one additive change order in the amount of $34,081.64 dated March 7, 2022, and two deductive change orders in the amounts of $632,500 and $673,618.86 dated August 3, 2022 and August 31, 2022, respectively, the total contract amount was $8,498,679.20. Three payments were made to Spectrum totaling $785,236.93. In addition, the City tendered $360,788.64 to the Los Angeles County Superior Court as part of an interpleader action, which was authorized by the City Council on June 14, 2022, to compensate subcontractors and other claimants not paid by Spectrum. Therefore, the remaining contract balance is $7,352,653.63. Urban Habitat has offered to complete the contract for approximately $10,002,385.49. GAIC is responsible for the difference of approximately $2,649,731.86 to cover the costs to complete the project. The final negotiations for the contract amount are pending the completion and acceptance of one change order. The overall contract amount is expected to decrease as a result of this change order. Page 2 Packet Pg. 47 O In addition, the City expended money resulting from Spectrum's default, including but not limited to, increased staff and consultant time, which was required to work through the contractor replacement process with the City Attorney and the attorneys for GAIC, attorney fees, surveying required to locate lighting and ensure the sewer installation was performed properly, and preparing new plans for best management practices related to the Stormwater Pollution Prevention Program. The increased expenditure authority for civil engineering services, surveying services, and construction support is necessary due to these additional expenses resulting from Spectrum's default and GAIC is responsible for these direct costs. The park amenities being constructed will not be available as early as originally expected because of delays associated with Spectrum's default. This will result in projected revenue losses for rentals of the facilities and corresponding impacts to associated travel and tourism revenue. GAIC is responsible for these indirect costs associated with Spectrum's default. The tripartite tender agreement obligates GAIC to pay the City approximately $2,500,000 to compensate the City for all costs to complete and warrant the project, together with all direct and indirect costs associated with Spectrum's default. This also includes compensation to exonerate GAIC's bonds. The contract amount to complete the project covers the base bid and additive alternate items, which include the addition of pavers, trees, and irrigation in the parking lot area. The contingency will cover unanticipated project costs due to unforeseen conditions and changes in the scope of work, requested by the City. The remaining project budget will provide for public art components, construction support costs for labor compliance services, staff oversight, construction engineering, inspection, and project management. ALTERNATIVE ACTION Other action as determined by the City Council. FISCAL IMPACT Upon approval of the recommended actions, and receipt of compensation from GAIC, adequate funds from Facilities Fund expenditure account P4019723-516101 and American Rescue Plan Act Fund expenditure account P4019228-516101 will be available to support the recommended construction and construction support contracts, as well as all anticipated project costs. ATTACHMENTS Vicinity Map Urban Habitat Offer to Complete Construction (available in the City Clerk's Reading File) Psomas Construction Support Proposal (available in the City Clerk's Reading File) Page 3 Packet Pg. 48 1 f•. �* � � �4 ; � � ! � a,� s �,.. \' ;�{ "� � �, d it j.:.R d `:r r n S 9� �.'� f �k '' , ,sQ. i+ •. ..�° 'n �• �` " J', -i}` �' � • s � f' � ° J ►� + � i r ` Will:ti. 1 - . e:'i• 'r �l •"`` . ��"'g ,?. '/ J` .i. �� . �,�t 4 ax• a r R • - .�.:r �wr m•.rq �':p - f .: i - ,. t:. '.r a 4.:M'.r- '� �i.' :: _ �R r-. ' '' �^' '0:..."` , ..fir } !►;.�.:,:l.: ; -- .y fMa a ' ., . � � r �. ,,,• - . e` f � {;`* y?:a`. :.dr' � oni 'Maw �,�, _';`. �. � r +.�t'' "�°': t .�+'� � -... . 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It � ZIP n .....f..,f Yi'�tl+t F"��:'rf. 'at Y�F.'•t hit Y.•' , „ � �x t ► a. 1 � � r� .g15yg� r I * y '�y� a pp,r 1l1�.4�r C:i�*�ir' 1•.:' ;p�'`- 'r ti 'i • + • •. a �' LJ•' X�,,�q3 C�k �j 1 ` .' ` '•� .a � '■r �.��L'4+at*+Ixr f�p�ti IItIFI� w ` _ - � �� �� x� n� [ �i �d/FL ,iE• r c�a' 1i .iG. g � � � h III � � 'Y \,u6ftiry RCS NA- cif ,j•'r�i "Y4rrrf._a� -- �,, t.,f �''gXr,y, k ': n'�' ;_�Ei FP?4�P �'k :.� : �� tf ! !� � � � � ..o,�+F" _ .�► f , et3*,r may:_ s �' ' • • -• �'=`! �i'3tAI "� SOLICITATION FOR OFFERS ("SFO") NO GAIC 01 PROJECT: Central Park Buildout Rebid City Project No. P4019 City of Santa Clarita, California OBLIGEE: CITY OF SANTA CLARITA C.I.P. Division 23920 Valencia Boulevard Santa Clarita, CA 91355 FORMER CONTRACTOR: SPECTRUM CONSTRUCTION GROUP, INC. Irvine, CA SURETY: GREAT AMERICAN INSURANCE COMPANY Cincinnati, Ohio SFO ADMINISTRATOR TO THE SURETY: Sage Associates, Inc. Irvine, CA DATE OF SFO NO GAIC-01: 05-20-22 PRE -OFFER SITE INSPECTION: MAY 23, 2022 AT 10:00 AM OFFER DUE DATE/TIME: BY MAY 27, 2022 AT 5:00 PM SFO NO GAIC-01 TABLE OF CONTENTS SECTION DESCRIPTION Invitation for Offers ��• Supplementary Requirements III. Instructions to Offerors IV. Proposal Form (Use with Exhibits 1 and 2) V. Solicitation Acknowledgement APPENDICES DESCRIPTIONS 1. Not Used 2. Schedule of Values for Bidding (Exhibits 1 & 2) 3. Last Approved Owner Progress Payment Estimate 4. Form of Bid Bond - AIA Document A310 5. Form of Performance and Payment Bonds (To be provided in SFO Addendum) 6• Not Used 7. Contract of Former Contractor 8. Former Contractor's Subcontractor/Vendor List 9. Former Contractor's Subcontracts and Ratification Agreements 10. Project Plans and Specifications and Addenda 11. Request For Information Log 12. Request For Information 13. Approved Change Orders 14. Submittal Log 15. Submittals 16. Non -Conformance Items List (By SFO Addendum if Necessary) 17. Tender Agreement 18. Project Schedule 19. Soils Field Technician Daily Reports Page 2of18 SECTION I. INVITATION FOR OFFERS DATE OF SFO NO GAIC-01: 05-20-22 PRE -OFFER SITE INSPECTION: MAY 23, 2022 AT 10:00 AM OFFER DUE DATE/TIME: BY MAY 27, 2022 AT 5:00 PM YOU ARE INVITED TO SUBMIT AN OFFER FOR THE FURNISHING OF THE FOLLOWING CONTRACT WORK: COMPLETION OF: Central Park Buildout Rebid City Project No. P4019 City of Santa Clarita, California The following information is provided to assist you in that process. 1.0 The Surety for the Former Contractor is obtaining Offers in the form of a Lump Sum Offer to complete the Work. A site inspection will be necessary for you to evaluate the Work necessary to perform the Contract in full accordance with the terms of this SFO. 2.0 On 5/23/22, representatives of the Surety and Obligee will be conducting a Pre -Offer Conference to allow for the Offerors' inspection of the work areas, the work in progress, the remaining contractual obligations, and to answer the Offerors' specific questions. No verbal answers will be provided during the pre -offer conference, all questions must be submitted in writing to the SFO administrator. Answers to offeror's written questions will be in writing and issued to all bidders in the form of an addendum. Written questions are due prior to the SFO offer due date. The Conference will commence at 10am at the project site temporary office trailer located at the Central Park Santa Clarita, CA 91350. A Site Walk with Surety representatives and Obligee is mandatory. 3.0 All Offers must be received by the Surety and SFO Administrator on or before the Offer Due Date and hour of 5 PM PDT. All Offers must be submitted on the bid forms found in Section IV of this SFO. We will receive Offers: a. via courier, or b. Federal Express, or C. e-mailed if the Offer is attached in a PDF format and the original is received by the Surety within 24 hours of the Offer Due Date and hour, or d. by facsimile transmission and the original is received by the Surety within 24 hours of the Offer Due Date and hour, or e. regular mail, or f. hand delivery. Telephone offers will not be accepted. Please advise us immediately if you wish to submit an Offer but are unable to meet this requirement. Page 3 of 18 4.0 Please complete and return promptly the attached Solicitation Acknowledgement Form (Section V). If the requested Offer is to be made from another of your offices, please advise us immediately and have your quoting office return the Solicitation Acknowledgement Form. 5.0 The Surety and the SFO Administrator may make such investigations as they deem necessary to determine the ability of the Offerors to perform the Work, and the Offerors shall furnish all such information and data for this purpose as Surety and the SFO Administrator may request. 6.0 All correspondence and any questions or information regarding this SFO should be directed to the SFO Administrator: Adam Matz - Sage Associates, Inc. 2361 Campus Dr, Suite 111, Irvine, CA 92660 Phone: 949-724-9600, Fax: 949-724-9601 AMatz@sage-associates.com 7.0 The Offer must be accompanied by a bid bond in the form required by the SFO (AIA Document A310, 1970 ED) equal to five percent (5%) of the amount of the Offer, naming the Surety as Obligee. 8.0 The following three elements of the Offer will be used to determine who is awarded the Completion Agreement: 1. Offer total based on the Lump Sum Amount with the Lump Sum Amount allocated to the items noted on the Schedule of Values provided in Appendix 2 for Bid Alternative 1 or 2 (Exhibits 1 and 2) and 2. Obligee acceptance of Contractor; and 3. Completion Date Schedule and Proposed Durations for Completion Surety reserves the right to accept other than the lowest Offer, to waive any irregularities, or to accept or reject any Offer in whole or in part, or to reject all Offers with or without notice or reason, or to withhold the award for any reason it may determine or for no reason at all, including, but not limited to, abandoning the Work or to have the Work performed in such other manner as Surety may elect. 9.0 If you will not be submitting an Offer, please notify the SFO Administrator within 24 hours after the pre -bid meeting. SECTION II SUPPLEMENTARY REQUIREMENTS 1.0 Please direct your Offer and all communications to the SFO Administrator at: Page 4 of 18 Adam Matz - Sage Associates, Inc. 2361 Campus Dr, Suite 111, Irvine, CA 92660 Phone: 949-724-9600, Fax: 949-724-9601 AMatz@sage-associates.com 2.0 The following DEFINITIONS shall apply: Wherever the term "Contract" is used it shall mean City of Santa Clarita, California and Spectrum Construction Group Inc City Project No. P4019 Wherever the term "Project" is used, it shall mean Central Park Buildout Rebid CITY PROJECT NO. P4019 City of Santa Clarita, California Wherever the term "Obligee" is used, it shall mean the City of Santa Clarita 23920 Valencia Blvd, Suite 120 Santa Clarita, CA 91355 Wherever the term "Surety" is used, it shall mean GREAT AMERICAN INSURANCE COMPANY Cincinnati, Ohio Wherever the term "Former Contractor" is used, it shall mean SPECTRUM CONSTRUCTION GROUP INC Irvine, CA Wherever the term "Work" is used, it shall mean Both the physical completion of the Project and the fulfillment of all the Contract's requirements as specified by this SFO, the Completion Agreement and documents referenced herein, including the Takeover Agreement or Tender Agreement, as applicable. Wherever the term "Contractor" is used, it shall mean the successful Offeror. Wherever the term "SFO" is used, it shall mean this Solicitation for Offer. 3.0 Background A contract for the Project was entered into by and between the Obligee and the Former Contractor. The Former Contractor was terminated from the Project prior to completion. The Surety is requesting proposals for the completion of the Project in compliance with the Contract and the original contract documents including approved change orders, addenda, drawings, plans and specifications, as well as the correction of any Existing Defects in the Work, if any, performed by the Former Contractor. Page 5 of 18 The Contractor may be required to enter into either a contract with the Surety, or alternately, and at the Surety's sole and absolute discretion, a contract directly with the Obligee. If the Obligee accepts this tender offer of a direct contract, then the Contractor shall then enter into a contract directly with the Obligee via a Tender Agreement to be specified by the Surety. The award of the Completion Agreement or Tender Agreement will be to the Offeror who, in the opinion of the Surety, submits the best responsible and responsive Offer. The Contractor may be subject to the approval of the Obligee, at the Surety's sole and absolute discretion. The right is reserved to reject any or all Offers for any reason. 4.0 Work Description The Contractor shall provide and include all labor, supervision, tools, equipment, materials, testing, taxes, insurance, bonds, overhead, profit and each and every item of expense as may be necessary or required to perform the Work as well as correct any Existing Defects in the Work, if any, performed by the Former Contractor and comply with all the terms and conditions of the SFO including, but not limited to, the Completion Agreement or Tender Agreement. In the event there is a discrepancy or conflict in terms between Sections I through IV of this SFO, the Tender Agreement, and/or the Appendices, the order of precedence shall be as follows: 1. Tender Agreement 2. SFO Sections I through IV 3. Appendices 1-19 4. Contract The Contractor assumes full responsibility for its own Work and any Work performed by any Subcontractor or Supplier working under the Contractor. 5.0 Change Orders The Contractor shall complete all remaining executed Change Order work issued to date on the Project as part of its proposal, including any construction change directives or similar directives. 6.0 Bonds Within five (5) calendar days after execution of the Completion Agreement, the Contractor shall furnish a separate Performance Bond and a separate Payment Bond each in a penal sum equal to the amount of the Offer and each naming Surety and the Obligee as dual -obligees ("Performance and Payment Bonds"), in penal amounts equal to the amount of the Offer, as accepted by the Surety. These bonds shall be executed by a U.S. Treasury listed corporate surety licensed to do business in California and acceptable to Surety. Any such surety must be approved by the U.S. Treasury to issue a bond to the federal government in an amount at least equal to the amount of the Offer and must possess an A.M. Best financial strength rating of A- or better and a financial size category of VI or larger. These Performance and Payment Bonds shall be in the exact same form provided in the Project Specifications unless Page 6 of 18 Surety approves a different form. The Surety reserves the right to waive any bond requirement. 7.0 Insurance The Contractor shall furnish at its own expense the necessary insurance, including workers' compensation, general liability, and other insurance coverage required by the Completion Agreement. The Contractor shall obtain completed operations coverage. The Obligee and Surety shall be named as additional insureds by endorsements under all policies of insurance required of the Contractor. Such endorsements shall be in the form to be set forth by the SFO administrator. Further, the Contractor shall ensure that its insurers waive all rights of subrogation against the Obligee and Surety. Within five (5) calendar days of executing the Completion Agreement, the Contractor shall deliver certificates of insurance and all endorsements confirming that the insurances required under the Contract Documents have been obtained and that the Obligee and Surety have been named as additional insureds. The Surety shall not issue a Notice to Proceed (NTP) until the Surety has received an Insurance Submittal which meets these requirements. Contractor shall not proceed with any work until the insurances, certificates and endorsements have been obtained by the Contractor, furnished to the Surety and then approved in writing by the Surety. Any delay in procuring the policies, certificates, and endorsements required by the Completion Agreement shall be solely to the Contractor's account, and the Contractor shall not be entitled to any time extension of the Project Schedule or any compensation of any nature or description for: (i) any delays; or (ii) any disruption; or (iii) any acceleration necessary to comply with the Project Schedule. 8.0 Proposals The Surety is requesting Lump Sum Offers for the performance of the Work. Lump Sum Offers shall submitted in the Bid Schedule format provided in Appendix 2. 9.0 Progress Schedule Each Offeror shall bid two different Project Completion dates as alternates ("Project Completion Alternative"). As a first Project Completion Alternative, each Offeror shall prepare its Offer in compliance with the Project Completion milestone dates and completion date indicated on the Project Completion milestone schedule in Appendix 18. With this alternate, the Contractor is committing itself to achieve milestones and complete the work by the dates required by the Contract. As a second Project Completion Alternative, each Offeror shall bid a contract duration (using calendar days) from the receipt of the Notice to Proceed from the Surety or City of Santa Clarita setting completion milestone dates for Contract milestones and a final completion date proposed by the Offeror. Page 7 of 18 In the Notice of Award, the Surety shall advise the Contractor which of these two alternates the Surety has selected, in its sole and absolute discretion. No matter which Project Completion Alternative the Surety selects, liquidated damages or delay damages may accrue if the Contractor does not achieve the milestones and completion dates set by the Project Completion Alternative accepted by the Surety. Within thirty (30) calendar days after the Notice of Award is issued, the Contractor shall furnish an acceptable baseline schedule to the Surety or City of Santa Clarita in accordance with the Project Completion Alternative the Surety has selected. This schedule shall have sufficient detail to illustrate the Contractor's plan for performing the work. At a minimum, the level of detail shall meet the requirements of the Contract. Within five (5) calendar days after the Notice of Award is issued, the Contractor shall furnish the required Performance and Payment Bonds. Within five (5) calendar days after the Notice to Proceed the Contractor will begin the work. 10.0 Delay Damages Time is of the essence in the completion of the Project and the Work. Liquidated damages may be assessed at the rate fixed in the Contract for any delay beyond the allowable duration set forth in this SFO. The Contractor shall be responsible for any liquidated damages or delay damages or actual damages of any nature which may be assessed by the Obligee for delays in completing the Project and the Work beyond the date (or days) set forth in this SFO. The Contractor will be entitled to any time extensions which are granted pursuant to the terms of the Contract for events occurring during the Completion of the Work. 11.0 Warranties The Contractor will not be liable for any unpaid accounts or indebtedness incurred by the Former Contractor except as provided to the contrary in the Completion Agreement. As to any warranties in the Contract including those as to defective workmanship and materials, the Contractor assumes responsibility for its own work and the work performed by Subcontractors or Suppliers working under it, including repairing or replacing Existing Defects in the Work performed by the Former Contractor and its Subcontractors or Suppliers, as required by the Completion Agreement. Please review the Completion Agreement for the warranty terms. 12.0 Existing Defects in the Work In accordance with the Completion Agreement, the Contractor is responsible for completing and correcting all Existing Defects in the Work furnished and/or installed by the Former Contractor and/or its Subcontractors or Suppliers. The term Existing Defects in the Work is referenced in the Completion Agreement. Existing Defects in the work are not hidden and discoverable by reasonable inspection. This term includes, but is not limited to, the correction, repair or replacement of all nonconforming work as indicated in Appendix 16 of this SFO in addition to all other visible or detectable defective items relating to Work in place and/or stored materials. The Offerors shall inspect the Work in place and/or stored materials and include in Page 8 of 18 their Offer price any and all costs, overhead, and profit for any and all work necessary or required to correct, repair or replace items which are not in accordance with the Contract. 13.0 Latent Defect The Contractor is responsible for repairing and replacing all Latent Defects. The term Latent Defect is defined in the Tender Agreement or Completion Agreement. The Offeror is to include the cost of repairing and replacing all Latent Defects in their proposal. A special bid item has been added to the bid form, Section IV, Schedule E, for the offerors to identify their price to include Latent Defects in the Offer. 14.0 Subcontractors & Suppliers The Surety has contacted the Subcontractors and Suppliers used by the Former Contractor on the Project in an effort to negotiate Ratification Agreements with them. The Offerors acknowledge that Subcontractors and Suppliers of the Former Contractor: (a) may have bond claims pending against the Surety which may not get resolved before the Offer deadline; (b) may refuse to execute a Ratification Agreement; (c) may refuse to complete their contractual obligations pursuant to the original terms and conditions of their subcontract or purchase order with the Former Contractor; or (d) execute a Ratification Agreement after the Contractor submits its Offer to the Surety. No representation is made that the Surety will be able to ratify any Subcontractors or Suppliers of the Former Contractor. The Offerors shall independently determine their costs to complete the performance of the Work, including the scopes of Work of all Subcontractors and Suppliers of the Former Contractor when submitting their Offerto the Surety. The Offerors shall use Schedule E of Section IV's Exhibit 1 to separately list the Offerors' price for each Subcontractor's or Supplier's Scope of Work. If the Surety ratifies a Subcontractor or Supplier of Former Contractor before the Offer deadline, the Surety will notify all Offerors of the ratification. If the Surety ratifies a Subcontractor or Supplier of the Former Contractor after the Offer has been accepted, then the Surety, at the Surety's sole option, may assign the executed Ratification Agreement to Contractor. A list of the Former Contractor's Subcontractors and Suppliers that are currently known to the Surety is provided in Appendix 8 of this SFO, but please note that others may exist. A list of Subcontractors and Suppliers which have executed Ratification Agreements, along with copies of these agreements is provided in Appendix 9. The Contractor must use its best efforts subject to competitive pricing to assume the contracts or purchase orders of the Former Contractor's Subcontractors or Suppliers. The Contractor shall utilize all specialty ordered materials and equipment for which fabrication has commenced or been completed and such specialty ordered materials and equipment that are presently stored or are in route, for which cancellation or reordering would delay the Project. If the Contractor elects to utilize some or all of the Subcontractors and Suppliers of the Former Contractor, then the Contractor shall be responsible for the unearned amounts of the applicable subcontracts or purchase orders, including retention. The Page 9 of 18 Surety will have financial responsibility for any and all earned but not paid amounts, excluding all previously earned retainage. The Contractor is responsible for both the currently earned and unearned retainaee for any of the ratified Subcontractors or Suppliers and should provide for these amounts in the Offer. 15.0 NOT USED 16.0 Offer Conditions All costs and expenses related to estimating, preparing, and submitting the Offer are to be borne in their entirety by the Offeror whether or not such Offer is accepted. The submission of an Offer is an acknowledgement that the Offeror has examined the jobsite and has made its own independent appraisal of the Work. It is each Offeror's responsibility to inspect the Work and familiarize itself with the current as -built condition of the Work. It is each Offeror's responsibility to determine the Work required to perform the Work in full accordance with the Contract and the Completion Agreement. The Offeror's proposal shall be based upon its own investigation with an allowance of sufficient funds in its Offer to provide for or against any and all contingencies. The Surety makes no representation as to the extent or adequacy of Work completed by the Former Contractor. No extra compensation or allowance shall be made to the Contractor for omissions, errors, misunderstandings, misinterpretation, or ignorance on its part of any requirements of the Contract, Completion Agreement, drawings and specifications, or any conditions or requirements of these documents, or any of the terms or provisions of this SFO. The Surety makes no representation and is not warranting or guaranteeing the site conditions, the condition of the work in place, the Work, the materials used or stored (quantity, quality or conformance), the plans and specifications, or any Contract Document. The Contractor shall not hold the Surety liable for any damages for any defects in the Work in place or stored materials, or for the Work except when the Completion Agreement specifically provides to the contrary. Also, the Contractor shall not hold the Surety liable for any damages of whatever type for differing site conditions, defective or erroneous plans and specifications, or defective or erroneous Contract Documents. The Contractor shall be bound (and shall perform) in every manner, shape and form as required by the Contract, as modified by the Completion Agreement. Any tool or equipment found on the job site and not required or intended for incorporation into the Project is not available for use by the Contractor as these items are not in the control or possession of either the Surety or Obligee. The Offers shall be opened privately and the results shall not be made public. The award, if made, will be to the Offeror who, in the sole judgment of the Surety, provides the best responsible and responsive Offer. Page 10 of 18 Surety reserves the right to accept other than the lowest Offer, to waive any irregularities, or to accept or reject any Offer in whole or in part, or to reject all Offers with or without notice or reason, or to withhold the award for any reason it may determine or for no reason at all, including, but not limited to, abandoning the Work or to have the Work performed in such other manner as Surety may elect. All Offers must be received by the Surety and SFO Administrator on or before the Offer Due Date and hour of 5 PM PDT. All Offers must be submitted on the bid forms found in Section IV of this SFO. We will receive Offers: a. via courier, or b. Federal Express, or C. e-mailed if the Offer is attached in a PDF format and the original is received by the Surety within 24 hours of the Offer Due Date and hour, or d. by facsimile transmission and the original is received by the Surety within 24 hours of the Offer Due Date and hour, or e. regular mail, or f. hand delivery. g. Telephone offers will not be accepted. h. SECTION III INSTRUCTION TO BIDDERS 1.0 General Instructions — Lump Sum Price 1.1 Contract Pricing for this SFO shall consist of: a. Lump Sum Offers: Lump Sum prices for the performance of the Work as defined in this SFO and all documents referenced therein, including all costs for mobilization and demobilization. The Offerors shall use the Schedule of Values line items provided in Appendix 2 to structure their Offer, supplying a price for each line item of the Schedule of Values to support the Lump Sum Price to be submitted in Schedule A of Section IV. The Offeror shall submit their proposed Schedule of Values within Appendix 2 as Exhibit 1 to the section IV Lump Sum Offer Proposal Form. These line items were derived from the Obligee's Schedule of Values, provided as Appendix 3 Engineer's Estimate #4. b. Performance bond and labor and material payment bond each in the penal sum equal to the amount of the Offer. 1.2 The quoted prices shall include all costs and expense of any nature to the Offeror for labor and equipment, consumables, temporary construction facilities, taxes, payroll taxes, supervision, tools (small or otherwise), Page 11 of 18 materials, equipment, testing and all payroll burden, fuel, maintenance, overhead (home office and field), general conditions and profit for the Offeror's full and complete performance of the Work, including all Subcontractors and Suppliers. The absence of a line item in the Schedule of Values for any Work shall not affect or vary the Contractor's Offer price which is all inclusive for all costs or expenses of any nature or description. 1.3 All entries on the Proposal Form which is the SFO's Section IV shall be made clearly in ink. 1.4 All Offers shall remain firm for sixty (60) calendar days after the day of the Offer opening. Surety may at its sole discretion release any Offeror prior to that date. 1.5 Offers are to be submitted by no later than 5PM PDT to: Adam Matz - Sage Associates, Inc. 2361 Campus Dr, Suite 111, Irvine, CA 92660 Phone: 949-724-9600, Fax: 949-724-9601 AMatz@sage-associates.com 2.0 Pricing For Any Changes The Contractor shall be reimbursed for changes which have been authorized and approved in accordance with the terms of the Completion Agreement, either on a fixed price, unit price, or actual cost-plus mark-up basis as specified in the Prime Contract. The method of reimbursement will be determined by the Surety's authorized representative. Page 12 of 18 SECTION IV LUMP SUM PROPOSAL FORM FOR THE COMPLETION OF: City Project No. P4019 Central Park Buildout Rebid Offeror: Urban Habitat 1.0 Offer Price 1.1 Total compensation to Contractor for full and complete performance by the Contractor of all the Terminated Contract Work in compliance with all the terms and conditions of the Completion Agreement and the SFO and all documents referenced therein. and for Contractor's payment of all obligations incurred in, or applicable to the performance of the Work, shall be in accordance with the Lump Sum Price submitted in Schedule A and as set forth in Exhibit 1 to the Lump Sum Proposal, entitled "Lump Sum - Offer Schedule". 1.2 The Contractor agrees to commence the work pursuant to the Contract and this SFO within five (5) calendar days of the Contractor's receipt of a Notice to Proceed and complete the work within the allowable duration the Surety selects from the accepted Lump Sum Proposal, either the Contractor's proposed base bid Calendar Day duration or the alternate duration proposed by Offeror. Liquidated Damages as set forth in this SFO shall be in full force and effect for time overruns beyond the accepted allowable duration. Surety shall notify the Contractor at Notice of Award, which allowable duration the Surety selects. 1.3 The Offer is valid for a period of sixty (60) days after the closing date of this SFO. 1.4 The quoted prices set forth herein are firm for the duration of the Work. 1.5 The following is offered by the undersigned: Lump Sum Prices (including Mobilization/Demobilization) A. Schedule A-1- First Project Compleion Alternative Lump Sum Price excluding cost of bonds, Lump Sum Amount from Bid Schedule included in Appendix 2. Provide the filled out Bid Schedule from Appendix 2 (Exhibit 1) along with the filled -out Section IV Proposal Form. Page 13 of 18 TOTAL LUMP SUM PRICE IN FIGURES $ TOTAL LUMP SUM PRICE IN WRITING: N/A N/A Dollars. A. Schedule A-2 - Second Project Completion Alternative Lump Sum Price excluding cost of bonds, Lump Sum Amount from Bid Schedule included in Appendix 2. Provide the filled out Bid Schedule from Appendix 2 (Exhibit 2) along with the filled -out Section IV Proposal Form. TOTAL LUMP SUM PRICE IN FIGURES $ $10,002,385.49 TOTAL LUMP SUM PRICE IN WRITING: Ten Million One Hundred Two Thousand Three Hundred Eighty Five and 49/100 Dollars B. Schedule B-1 First Project Completion Alternative Cost of Bonds (not included in schedule A) - Performance bond and labor and material payment bond naming Surety and Obligee as Co -Obligees: TOTAL LUMP SUM PRICE IN FIGURES $ N/A TOTAL LUMP SUM PRICE IN WRITING: $ N/A Dollars. B. Schedule B-2 Second Proiect Completion Alternative Cost of Bonds (not included in schedule A) - Performance bond and labor and material payment bond naming Surety and Obligee as Co -Obligees: TOTAL LUMP SUM PRICE IN FIGURES $ Included In A-2 TOTAL LUMP SUM PRICE IN WRITING: $ Ten Million One Hundred Two Thousand Three Hundred Eighty Five and 49/100 Dollars. Page 14 of 18 C. Schedule C - Time 1. FIRST PROJECT COMPLETION ALTERNATIVE (Please list the milestones and durations which match the Contract) N/A 2. SECOND PROJECT COMPLETION ALTERNATIVE (Please list your milestone dates which you will achieve and the total contract duration expressed in calendar days.) One hundred and sixty working days after receiving notice to proceed (One hundred and fifty production days with 10 pre -construction days) D. Schedule D - Total Offer Amount with Time 1. FIRST PROJECT COMPLETIONALTERNATIVE $ N/A (Total Schedules A and B, Schedule C states time, not money) 2. SECOND PROJECT COMPLETION ALTERNATIVE $ N/A (Total Schedules A and B, Schedule C states time, not money) E. Schedule E - Alternate Add to Include Latent Defects per Section II Paragraph 13.0 1. TOTAL ALTERNATE ADD PRICE (EXCLUDING BID SCHEDULES A, B C & D) $ Time and Material Based On Negotiated Rates TOTAL PRICE IN WRITING: $ N/A 2.0 Conditions 2.1 The undersigned Offeror has examined and read the SFO, the Contract, any General Conditions, Special Provisions, Supplementary Requirements, Technical Specifications, Contract Drawings, Measurement and Payment Provisions, Addenda, and all other SFO documents including the Completion Agreement; has performed a jobsite inspection; and is acquainted with and fully understands the extent and character of the Work covered by this Offer and the specified requirements for the proposed Work. Page 15 of 18 2.2 The Offeror agrees that if awarded a contract as a result of this SFO, the major Subcontractors and Suppliers used in the prosecution of the Work shall be those listed below. The following list includes all Subcontractors and Suppliers who will perform work representing approximately a value of ten percent (10%) or more of the Work. The Offeror represents that the Subcontractors and/or Suppliers listed below are financially responsible and are qualified to do the work required. Name of Supplier/Subcontractor Type of Work to be Performed See Schedule F 2.3 The undersigned certifies that he or she is or they are the only person, or persons, interested in this Offer as principals, and that the Offer is made without collusion with any person, firm or corporation. 3.0 Execution of Contract The Offeror agrees that if this Offer is accepted, the Offeror shall execute and return to the Surety the Completion Agreement issued by the Surety under Appendix 1 of this SFO in the same form and without change, alteration and/or modification, within five calendar (5) days of the date of the Notice of Award, and the Offeror shall furnish the properly executed bonds as required by the SFO to the Surety within five calendar (5) days of the date of the Notice of Award; that the Offeror shall enroll in the OCIP within five calendar (5) days of the Notice of Award; that the Offeror shall perform the Work in accordance with the Completion Agreement and/or any contract entered into with the Obligee; that the Offeror shall commence the Work within five (5) calendar days after the Surety has given the Notice to Proceed; that the Offeror shall complete the Work within the time specified by the Projection Completion Alternative the Surety selects; and that the Offeror shall accept as full payment therefore the prices set forth in this Proposal Form, Page 16 of 18 Proposal Date: August 10, 2022 Name of Offeror: Urban Habitat Address of Offeror: PO Box 1177 La Quinta, CA 92447 Authorized Signature: Title: President If Corporation, Affix Corporate Seal 963744 Contractor's License No. Page 17 of 18 Urban Habitat Offeror: SECTION V SOLICITATION ACKNOWLEDGMENT Central Park Buildout Rebid City Project No. P4019 City of Santa Clarita, California Return To: Adam Matz - Sage Associates, Inc. 2361 Campus Dr, Suite 111, Irvine, CA 92660 Phone: 949-724-9600, Fax: 949-724-9601 AMatz@sage-associates.com The Solicitation and all listed attachments were received on May 24, 2022 (date). The following Solicitation Documents are missing: X YES, we will submit an Offer that will be delivered no later than June 3, 2022 NO, we are unable to submit an Offer for the following reasons: and we will return all Solicitation Documents. The Solicitation was improperly addressed. Correct your records to read: Company Name: Urban Habitat Address: PO BOX 1177 City, State, zip La Quinta, CA 92247 Attention: Brett Brennan Title: President Telephone: 760-345-1101 Fax: 855-469-4224 E-Mail: B anhabitat. corn Signed By: / r Title: P dent Date: May 25, 2022 Remarks: PLEASE COMPLETE AND RETURN PROMPTLY Page 18 of 18 SOLICITATION FOR OFFERS ("SFO") NO GAIC 01 ADDENDUM-2 5-31-22 PROJECT: Central Park Buildout Rebid City Project No. P4019 City of Santa Clarita, California OBLIGEE: CITY OF SANTA CLARITA C.I.P. Division 23920 Valencia Boulevard Santa Clarita, CA 91355 FORMER CONTRACTOR: SPECTRUM CONSTRUCTION GROUP, INC. Irvine, CA SURETY: GREAT AMERICAN INSURANCE COMPANY Cincinnati, Ohio SFO ADMINISTRATOR TO THE SURETY: Sage Associates, Inc. Irvine, CA DATE OF SFO NO GAIC-01: ADDENDUM-2 5-31-22 OFFER DUE DATE/TIME: BY June 01, 2022 AT 5:00 PM SFO NO GAIC-01 TABLE OF CONTENTS SECTION DESCRIPTION Invitation for Offers ��. Supplementary Requirements III. Instructions to Offerors IV. Proposal Form (Use with Exhibits 1 and 2) V. Solicitation Acknowledgement APPENDICES DESCRIPTIONS 1. Not Used 2. Schedule of Values for Bidding (Exhibits 1 & 2 with Schedule F) 3. Last Approved Owner Progress Payment Estimate 4. Form of Bid Bond - AIA Document A310 5. Form of Performance and Payment Bonds (To be provided in sFo Addendum) 6. Not Used 7. Contract of Former Contractor 8. Former Contractor's Subcontractor/Vendor List 9. Former Contractor's Subcontracts and Ratification Agreements (Updated) 10. Project Plans and Specifications and Addenda 11. Request For Information Log 12. Request For Information 13. Approved Change Orders 14. Submittal Log 15. Submittals 16. Non -Conformance Items List (By SFO Addendum if Necessary) 17. Tender Agreement 18. Project Schedule 19. Soils Field Technician Daily Reports 20. SFO RFI Responses Page 2 of 3 PLEASE REPLACE SECTION II-14.0 SECTION II SUPPLEMENTARY REQUIREMENTS 14.0 Subcontractors & Suppliers The Surety has contacted the Subcontractors and Suppliers used by the Former Contractor on the Project in an effort to negotiate Ratification Agreements with them. The Offerors acknowledge that Subcontractors and Suppliers of the Former Contractor: (a) may have bond claims pending against the Surety which may not get resolved before the Offer deadline; (b) may refuse to execute a Ratification Agreement; (c) may refuse to complete their contractual obligations pursuant to the original terms and conditions of their subcontract or purchase order with the Former Contractor; or (d) execute a Ratification Agreement after the Contractor submits its Offer to the Surety. No representation is made that the Surety will be able to ratify any Subcontractors or Suppliers of the Former Contractor. The Offerors shall independently determine their costs to complete the performance of the Work, including the scopes of Work of all Subcontractors and Suppliers of the Former Contractor when submitting their Offer to the Surety. The Offerors shall use Schedule F of Section IV's Exhibit 1 to separately list the Offerors' price for each Subcontractor's or Supplier's Scope of Work. If the Surety ratifies a Subcontractor or Supplier of Former Contractor before the Offer deadline, the Surety will notify all Offerors of the ratification. If the Surety ratifies a Subcontractor or Supplier of the Former Contractor after the Offer has been accepted, then the Surety, at the Surety's sole option, may assign the executed Ratification Agreement to Contractor. A list of the Former Contractor's Subcontractors and Suppliers that are currently known to the Surety is provided in Appendix 8 of this SFO, but please note that others may exist. A list of Subcontractors and Suppliers which have executed Ratification Agreements, along with copies of these agreements is provided in Appendix 9. The Contractor must use its best efforts subject to competitive pricing to assume the contracts or purchase orders of the Former Contractor's Subcontractors or Suppliers. The Contractor shall utilize all specialty ordered materials and equipment for which fabrication has commenced or been completed and such specialty ordered materials and equipment that are presently stored or are in route, for which cancellation or reordering would delay the Project. If the Contractor elects to utilize some or all of the Subcontractors and Suppliers of the Former Contractor, then the Contractor shall be responsible for the unearned amounts of the applicable subcontracts or purchase orders, including retention. The Surety will have financial responsibility for any and all earned but not paid amounts, excluding all previously earned retainage. The Contractor is responsible for both the currently earned and unearned retainaee for any of the ratified Subcontractors or Suppliers and should provide for these amounts in the Offer. Page 3 of 3 SFO GAIC 01 Schedule of Values for Bidding SFCO GAIC 01 Appendix 2 Schedule of Values for Bidding PROJECT NO. P4019 Central Park Buildout Exhibit 1 Exhibit 1 NO. DESCRIPTION UNIT QUANTITY RE -LET UNIT PRICES TOTAL RE-LET CONTRACT 1 MOBILIZATION / DEMOBILIZATION 1 LS $ 347,106.80 $ 347,106.80 2 SWPPP 1 LS $ 44,850.34 $ 3,871.09 $ 44,850.34 3 TRAFFIC CONTROL, TRAFFIC HANDLING & CONST. AREA SIGNS 1 LS $ 3,871.09 4 CONSTRUCTION SURVEY CV(NA%/AT1^KJ AKl hP. n­ 1 LS $ 48,065.91 $ 48,065.91 _. .......... v...vV vl�\v11vV 5 CLEARING AND GRUBBING 1 LS $ 136,915.25 $ 136,915.25 6 SITE IMPORT 17,500 CY $ 20.66 $ 361,550.00 7 SITE EXCAVATION, FILL, AND ROUGH GRADING 1 LS $ 322,589.96 $ 322,589.96 8 SITE PRECISE / FINAL GRADING 1 LS $ 329,041.76 $ 329,041.76 GROUTED RIP -RAP AND RETAINING WALL 9 GROUTED RIP RAP 2,500 SF $ 29.69 $ 74,225.00 10 CMU RETAINING WALL 1 LS $ 80,204.91 $ 80,204.91 ROADWAY AND PARKING LOT 11 3" AC PAVEMENT OVER 5.5- CMB (PARKING LOT) 100,600 SF $ 3.43 $ 345,058.00 12 3" AC PAVEMENT OVER 8.5" CMB (ROADWAY) 6,540 SF $ 10.44 $ 68,277.60 13 PARKING LOT AND ROADWAY STRIPING & SIGNAGE 1 LS $ 21,807.09 $ 21,807.09 14 PCC CURB (0" & 6" CURB FACE) 2,121 LF $ 35.49 $ 75,274.29 15 PCC CURB & GUTTER (6" CURB FACE & 18" GUTTER) 468 LF $ 54.85 $ 21.30 $ 25,669.80. 16 PCC CURB RAMP (w/ TRUNCATED DOME PANEL) 1,900 SF $ 40,470.00 17 RELOCATE EXISTING VEHICLE ACCESS GATE 1 LS $ 22,989.06 $ 22,989.06 Exhibit 1 1 PROJECT NO. P4019 Central Park Buildout NO. IDESCRIPTION STAIRS AND HARDSCAPE SFO GAIC 01 Exhibit 1 Schedule of Values for Bidding TOTAL RE -LET UNIT QUANTITY I RE -LET UNIT PRICES I CONTRACT 18 CONCRETE STAIRS (W/ RAILS & LANDINGS) 295 LF $ 1,597.48 $ 471,256.60 19 CONCRETE TYPE 1 (SIDEWALK, NATURAL GRAY, MEDIUM BROOM) 18,000 SF $ 15.49 $ 278,820.00 20 CONCRETE TYPE 2 (PLAZA, COLORED, MEDIUM ACID ETCH) 31,000 SF $ 12.91 $ 400,210.00 21 CONCRETE TYPE 3 (BANDS, NATURAL GRAY, LIGHT ACID WASH) 4,250 SF $ 21.95 $ 93,287.50 22 BASKETBALL COURT (w/ PLEXIPAVE TO MATCH EXISTING) CITC 1 ITI! ITIf-[+ ...-....-..... . _. _ ___. 4,200 SF $ 19.72 $ 82,824.00 _.... -••---.--- ---- w,-'v v1v 1I Y, .J L-VV GR, VV/11 CR) 23 STORM DRAIN IMPROVEMENTS 1 LS $ 365,499.59 $ 365,499.59 24 SEWER IMPROVEMENTS 1 LS $ 194,844.34 $ 194,844.34 25 POTABLE WATER SERVICE / IMPROVEMENTS 1 LS $ 253,806.04 $ 253,806.04 SITE UTILITIES (ELECTRICAL) 26 (S) SITE ELECTRICAL 600A SERVICE SWITCHGEAR 1 LS $ 503,013.24 $ 503,013.24 27 (S) MUSCO SPORTS LIGHTING PACKAGE (4 SOCCER FIELDS) 1 LS $ 323,774.52 $ 323,774.52 28 (S) MUSCO BASKETBALL COURT LIGHTING 1 LS $ 65,236.73 $ 65,236.73 29 (S) PARKING LOT & PATHWAY LIGHTING 1 LS $ 507,417.23 $ 507,417.23 30 (S) TRANSFORMER & PANELBOARDS 1 LS $ 47,601.38 $ 47,601.38 WATER QUALITY TREATMENT 31 BIO-INFILTRATION BASIN 1 LS $ 133,193.82 $ 133,193.82 RESTROOM IMPROVEMENTS 32 (S) NEW RESTROOM 1 LS $ 883,236.53 1 $ 883,236.53 Exhibit 1 2 SFO GAIC 01 Schedule of Values for Bidding PROJECT NO. P4019 Central Park Buildout NO. IDESCRIPTION SITE AMENITIES 33 (S) SHADE STRUCTURE - 60' X 30' (FURNISH & INSTALL) 34 DRINKING FOUNTAINS 35 TRASH RECEPTACLES 36 BENCHES 37 PICNIC TABLES 38 BIKE RACKS 39 BASKETBALL POLES & HOOPS 40 6' DIAMETER METAL TREE GRATE 41 MUSCO POLE SIGNAGE, VEHICULAR WAYFINDING SIGNAGE, & PEDESTRIAN WAYFINDING SIGNAGE IRRIGATION IMPROVEMENTS 42 SOCCER FIELD IRRIGATION (4 SOCCER FIELDS) 43 SHRUB AREA PLANTING IRRIGATION 44 TREE BUBBLERS 45 IRRIGATION CONTROLER Exhibit 1 TOTAL RE -LET UNIT QUANTITY RE -LET UNIT PRICES CONTRACT 1 EA $ 123,006.14 $ 123,006.14 2 EA $ 13,386.32 $ 26,772.64 9 EA $ 1,797.48 $ 16,177.32 22 EA $ 2,336.53 $ 51,403.66 4 EA $ 2,694.93 $ 10,779.72 6 EA $ 1,044.99 $ 6,269.94 2 EA $ 14,083.64 $ 28,167.28 33 EA $ 4,701.89 $ 155,162.37 1 LS $ 45,970.37 $ 45,970.37 1 LS $ 301,299.03 $ 301,299.03 55,000 SF $ 6.55 $ 360,250.00 214 EA $ 318.73 $ 68,208.22 3 EA $ 21,290.95 $ 63,872.85 Exhibit 1 3 SFO GAIC 01 Schedule of Values for Bidding PROJECT NO. P4019 Central Park Buildout NO. IDESCRIPTION PLANTING AND LANDSCAPING IMPROVEMENTS 46 SOIL PREPARATION & WEED ABATEMENT 47 WEED ABATEMENT (NON- IRRIGATED RE-VEGITATION MIX) 48 36" BOX TREE 49 24" BOX TREE 50 5-GAL. SHRUBS (36" O.C. PER LANDSCAPE PLAN) 51 1-GAL. SHRUBS (PER LANDSCAPE PLAN) 52 TURF (SOD) FOR MULTI -PURPOSE FIELDS 53 3" THICK LAYER WOOD MULCH 54 HYDROSEED (NON -IRRIGATED RE- VEGITATION MIX) POST -INSTALLATION ESTABLISHMENT AND MAINTENANCE 55 FIRST 90 DAYS MAINTENANCE (DAY 1 TO DAY 90) 56 SECOND 90 DAYS MAINTENANCE (DAY 91 TO DAY 180) DOG PARK IMPROVEMENTS 57 4" THICK DECOMPOSED GRANITE SURFACE 58 (S) SHADE STRUCTURES - 40' X 40' (FURNISH & INSTALL) 59 DRINKING FOUNTAIN 60 BENCHES 61 1PICNIC TABLE Exhibit 1 TOTAL RE -LET UNIT QUANTITY I RE -LET UNIT PRICES CONTRACT 1 LS $ 172,263.05 $ 172,263.05 1 LS $ 12,000.36 $ 12,000.36 35 EA $ 1,703.28 $ 59,614.80 72 EA $ 787.13 $ 56,673.36 1,311 EA $ 28.40 $ 37,232.40 2,265 EA $ 12.27 $ 27,791.55 376,472 SF $ 0.91 $ 342,589.52 49,952 SF $ 0.75 $ 37,464.00 3,580 SF $ 0.81 $ 2,899.80 1 LS $ 65,163.18 $ 65,163.18 1 LS $ 27,613.71 $ 27,613.71 52,000 SF 2 EA 1 EA 2 EA 8 1 EA $ 2.54 $ 132,080.00 $ 123,006.14 $ 246,012.28 $ 13,386.32 $ 13,386.32 $ 2,013.94 $ 4,027.88 $ 2,372.34 $ 18,978.72 Exhibit 1 4 PROJECT NO. P4019 Central Park Buildout NO. IDESCRIPTION ADDITIVE ALTERNATE ITEMS SFO GAIC 01 Schedule of Values for Bidding UNIT I QUANTITY I RE -LET UNIT PRICES AA1 CONCRETE PAVERS 100,600 SF DEDUCT BID ITEM NO. 11 100,600 SF AA2 ADDED TREES AND IRRIGATION IN PARKING LOT (ALLOWANCE) 1 LS AA3 CHANGE ORDER NUMBER 1 SOILS HANDLING 1 LS DEDUCT BID ITEM NO. 6 (CITY SUPPLIED IMPORT) 17,500 CY AA4 CHANGE ORDER NUMBER 2 (PROCESS CITY SUPPLIED IMPORT) 17,500 CY $ 10.28 $ $ (3.43) $ $ 40,000.00 $ $ 34,081.64 $ $ (20.66) $ $ 7.75 $ TOTAL BID FOR ALL ITEMS, INCLUDING TOTAL BASE BID, AA1 to AA4 AND DEDUCTION OF BID ITEM NO. 6 AND 11 Exhibit 1 TOTAL RE -LET CONTRACT 1,034,168.00 (345,058.00) 40, 000.00 34,081.64 (361, 550.00) 135,625.00 10, 002, 385.49 Exhibit 1 5 SFO NO GAIC-01 Schedule F Subcontractor List Name of Subcontractor Builof Survey Foster/Urban Habitat J Ginger Pave West R and M Electrical Monaco Mechanical Golden State Roofing Valencia Sheet Metal SDI Ampersand USA Shade Salco Southwest V Ditch Inline Outdoor Creations NEI Paver Decor LA Steelcraft Trueline Vanguard Framing Squared South West V-Ditch SDI/Global Specialties Central Park Buildout Rebid City Project No. P4019 City of Santa Clarita, California Type of Work to be Performed Subcontract Amount Survey/Staking $17,250 Earthwork/Wet Utilities/Rip Rap/Misc $1,584,554 Masonry/Wall Footings $215,425 AC Paving/Striping $54,961 Electrical $1,186,426 Plumbing/Mechanical $79,526 Roofing $34,986 Flashing/Screens $39,468 Accesssories $12 727 Signage $39722 Canopies $285,980 Doors Frames Hardware $8,715 Drainage Swale $32 854 Steel Gates/Handrails $147,028 Supply Furnishings $40,557 Supply Tree Grates/Frames $97,147 Interlocking Concrete Pavers $749,470 Supply Basketball Hoops $9,629 Sports Surfacing $7,451 Painting/Anti Grafiti Coating/Wall Sealer $25,700 Rough Carpentry $98,685 Concretre Drainage Swale $32,854 Toilet Accessories/Bike Racks $14,811 Init. ,0 TM A31 _ 2010i. Bid Bond CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place Urban Habitat of business) P.O. Box 1177 The Gray Insurance Company Quinta, CA 92247 This document has important legal 1225 West Causeway Approach consequences. Consultation with OWNER: Mandeville, LA 70471 an attorney is encouraged with (Name, legal status and address) respect to its completion or Great American Insurance Company modification. Cincinnati, Ohio Any singular reference to BOND AMOUNT: Five percent of total amount bid (5% of bid) Contractor, Surety, Owner or other parry shall be considered PROJECT: Central Park Buildout Rebid, City of Santa Clarita, CA plural where applicable. (Name, location or address, and Project number, if any) The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terns of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof; or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so . furnished, the intent is thatt is Bond shall be construed as a statutory bond and not as a common law bond. uid- Signe� sheealed thi day of August 2022 Urban Habitat (� (Contractor as Principal) (Seal) (-Witness) (Title) rett rennan, President - The Gray In9e Com _ (`Witness) (Surety) p (Seal) (Title) Matthew C. Gaynor, tto y-in-Fact CAUTION: You should sign an original AIA Contract Document, on which this text appears in RED.' n original assures that changes will not be obscured. AIA Document A310TM — 2010 (rev. 1012010). Copyright @ 1963, 1970 and 2010 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, copyright@aia.org. ACD43070870 THE GRAY INSURANCE COMPANY THE GRAY CASUALTY & SURETY COMPANY GENERAL POWER OF ATTORNEY Bond Number: Bid Bond Principal: Urban Habitat Project: Central Park Buildout Rebid, City of Santa Clarita, CA Rancho Mesa Insurance Services 08/03/2022 14:32 1983456012590 KNOW ALL BY THESE PRESENTS, THAT The Gray Insurance Company and The Gray Casualty & Surety Company, corporations duly organized and existing under the laws of Louisiana, and having their principal offices in Metairie, Louisiana, do hereby make, constitute, and appoint: Matthew C. Gaynor, Anne Wright, and Andrew Roberts of Santee, California jointly and severally on behalf of each of the Companies named above its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its deed, bonds, or other writings obligatory in the nature of a bond, as surety, 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 of suretyship executed under this authority shall exceed the amount of $15,000,000.00. 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 The Gray Insurance Company and The Gray Casualty & Surety Company at meetings duly called and held on the 261h day of June, 2003. "RESOLVED, that the President, Executive Vice President, any Vice President, or the 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 surety, and that each or any of them is hereby authorized to attest to the execution of such Power of Attorney, and to attach 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 certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be binding upon the Company now and in the future when so affixed with regard to any bond, undertaking or contract of surety to which it is attached. IN WITNESS WHEREOF, The Gray Insurance Company and The Gray Casualty & Surety Company have caused their official seals to be hereinto affixed, and these presents to be signed by their authorized officers this 28" day of October, 2021. o s S E H L k By: Michael T. Gray ,s+ President y , . The Gray Insurance Company State of Louisiana tY 6 Cullen S. Piske a= SEAL President The Gray Casualty & Surety Company ss: Parish of Jefferson On this 28" day of October, 2021, before me, a Notary Public, personally appeared Michael T. Gray, President of The Gray Insurance Company, and Cullen S. Piske, President of The Gray Casualty & Surety Company, personally known to me, being duly sworn, acknowledged that they signed the above Power of Attorney and affixed the seals of the companies as officers of, and acknowledged said instrument to be the voluntary act and deed, of their companies. Notary Public Notary 0 No. 92653 Leigh Anne Henican Notary Public, Parish of Orleans State of Louisiana Orleans Parish, Louisiar� My Commission is for Life ACKNOWLEDGMENT 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 San Diego On August 3, 2022 before me, Andrew Roberts, Notary Public (insert name and title of the officer) personally appeared Matthew C. Gaynor who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my h Signature (Seal) ANDREW ROBCRTs Notary Public - California [_ r y San Diego County Commission k 2317220 '�LVVPh� My Comm. Expires Dec 26, 2023 ACKNOWLEDGMENT 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 Riverside On August 3, 2022 before me, Teresa Angulo, Notary Public (insert name and title of the officer) personally appeared Brett Brennan who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 14u,"..."."My TERESA ANGULO WITNESS my hand and official seal. =NotaryPublic-California Riverside County Commission # 2343248 Comm. Expires Jan 24, 2025 Signature (Seal) Balancing the Natural and Built Environment "Via E-Mail" TBrice e,santa-clarita. com August 18, 2022 Mr. Terry Brice CITY OF SANTA CLARITA 23920 Valencia Boulevard Santa Clarita, CA 91355 Subject: Proposal for Additional Services Central Park Build Out Santa Clarita, CA Psomas Proposal No. 22-0727R1/1SAN271400 Dear Mr. Brice: Psomas is submitting the attached proposal for professional services for the subject project. Based on our knowledge and the information provided to us, we have developed the attached Scope of Services and associated fee to meet the project requirements, as we understand them, as described in Exhibit "A" and Schedule "A" respectively (attached). We look forward to working with you on this important project. Sincerely, PSOMAS Jeremy Johnson, PE, Project Manager JJ:bh Enclosures (4) — Exhibit "A": Scope of Services — Schedule "A": Fee Schedule — Hourly Rates — Billing Procedures EXHIBIT "A" SCOPE OF SERVICES Proposal for Additional Services Central Park Build Out Santa Clarita, CA Psomas Proposal No. 22-0727R1/1SAN271400 August 18, 2022 PROJECT DESCRIPTION The City of Santa Clarita (client) has informed Psomas that the construction phase of the project is being extended due to the general contractor being replaced. The extended construction schedule will result in additional construction support, as well as changes to the SWPPP and NOL In addition, the city asked the Psomas Survey team to perform additional surveying which was a result of the general contractor leaving the project. The additional surveying included staking the center of the fields so that Musco lighting installation could continue, and surveying the as -built sewer line for conformance with the project plans. SCOPE OF WORK Psomas agrees to furnish and perform the various professional services pertinent to the project specifically outlined as follows: ENGINEERING SERVICES Additional Construction Support Psomas to provide additional construction support based on the lengthened construction period. Additional construction support to include changes to the SWPPP and NOI as the lengthened construction period will change the risk level from one (1) to two (2). Nuvis estimates a total of twenty (20) hours for continued construction support due to the lengthened construction period. This includes, but not limited to, in -person meetings, Zoom meetings, phone/email discussions and RFI reviews. SURVEYING SERVICES Sewer Line Surveying Survey Control — Horizontal and Vertical Survey control will be recovered and established based upon approved civil plan set. Survey control will be extended and established for this construction. Any discrepancies in the horizontal or vertical component of the provided survey control will be directed to the authorized project representative for clarification and resolution, and the pipeline staking in these areas will be deferred until a resolution is provided. Sanitary Sewer As-Builts • Provide as -built of exposed top of sewer line previously staked by others. • Per P.C. 20-06 Page 3 and markup provided. • Provide elevations on top of exposed sanitary sewer line to engineers to confirm rate of slope on installed pipe. • Engineers to provide redlined design plans comparing design elevations to as built elevations. EXHIBIT "A" SCOPE OF SERVICES Proposal for Additional Services Central Park Build Out Santa Clarita, CA Psomas Proposal No. 22-0727R1/1SAN271400 August 18, 2022 Office Support, Calculations, and Field Supervision • Provide survey technician, project surveyor, and senior project manager time for calculations, field support, review of field data and cut sheets, review, and distribution of project RFI's, clarifications, communications, and miscellaneous project associated tasks. Center of Field Staking Survey Control Horizontal and Vertical Survey control will be recovered and established based upon approved civil plan set. Survey control will be extended and established for this construction. Any discrepancies in the horizontal or vertical component of the provided survey control will be directed to the authorized project representative for clarification and resolution, and the pipeline staking in these areas will be deferred until a resolution is provided. Center of Four Fields • Provide one (1) stake for the center of each of the four (4) fields. • Provide stake elevation and cut of fill to finish surface elevation at the center of each of the four (4) fields. Office Support, Calculations, and field supervision • Provide survey technician, project surveyor, and senior project manager time for calculations, field support, review of field data and cut sheets, review, and distribution of project RFI's, clarifications, communications, and miscellaneous project associated tasks. SCHEDULE "A" FEE SCHEDULE Proposal for Additional Services Central Park Build Out Santa Clarita, CA Psomas Proposal No. 22-0727R1/1SAN271400 August 18, 2022 Client agrees to pay Consultant as compensation for the professional services described in Exhibit "A" in accordance with the below schedule. Description Budget ENGINEERING SERVICES Additional Construction Support (fixed fee) $ 7,500 Engineering Services Subtotal $ 7,500 SURVEYING SERVICES Sewer Line Surveying (fixed fee) $ 3,500 Center Field Staking (fixed fee) $ 3,480 Surveying Services Subtotal $ 6,980 TOTAL FEE $14,480 • Services will be performed in accordance with the provisions of our current agreement of which Exhibit `A" and Schedule `A" will become part. • The attached Hourly Rate Schedule is valid through December 31, 2022. • This proposal is valid for period of 90 days, after which, consultant's proposed fees will be revaluated. Effective through December 31, 2022 Land Use Entitlements, Engineering and Surveying Los Angeles & Valencia Offices Hourly Rates Office Services $ 85 - $110 - Administrative and Project Assistants $105 - $145 - Drafters and Design Drafters $105 - $170 - Surveyors, Project Surveyors, GIS Specialists, Photogrammetrist $105 - $145 - Civil Engineering Designers and Engineers $105 - $170 - Planners, Assistant Planners, Expeditors, and Senior Planners $150 - $200 - Project Engineers, Sr. Project Engineers, Sr. Drafter, Sr. Project Surveyors, Sr. GIS Specialists $180 - $255 - Project Management $225 - $325 - Principals, Directors Field Services Rates are effective from October 1, 2021— September 30, 2022 $420 - Three -Person Survey Party $330 - Two -Person Survey Party $225 - One -Person Survey Party $170 - Field Supervisor Hourly rates for field survey parties include normal usage of field equipment and are fully equipped rates. Per Diem is calculated at current State Department of Transportation rates (or other appropriate Agency rate). Special Equipment and Other Costs $250 per day - 3D Laser Scanning (Static) $5,000 per day - 3D Laser Scanner (Mobile Mapping System) Standard computer and technology costs are incorporate into the hourly rates shown above. Reimbursables Mileage at current IRS allowable rate and parking expenses incurred by office employees are charged at cost. Prints, plots, messenger service, subsistence, air travel, and other direct expenses will be charged at cost plus ten percent. The services of outside consultants will be charged at cost plus fifteen percent. The above schedule is for straight time. Overtime will be charged at 135 percent of the standard hourly rates. Sundays and holidays will be charged at 170 percent of the standard hourly rates. Billing Policies and Procedures The relationship with our client works best when there is a mutual understanding about fees and payment terms. You are encouraged to discuss with us any questions you may have concerning these policies. Billing The value of our services is determined primarily by the time spent on each client matter. Our time records are kept on a weekly basis and invoices are prepared every four or five weeks, depending on our accounting calendar. Payments As there is a time lag between rendering professional services and mailing our bills, all invoices are due upon presentation. Any bills that are not paid within thirty days are classified as "delinquent," and a late charge of 1-1/2 % per month will be added. Work Stoppage Work will be stopped on any job that has invoices outstanding for more than 60 days. Due to the costs and inefficiencies that results from stopping and restarting a job, an additional "start-up charge" will be assessed. Retainers It is our policy to obtain an advance retainer from all new clients and from exiting clients under certain circumstances. Also, it occasionally may be appropriate to require an advance retainer after the commencement of a project or to require an increase in a prior retainer. This depends in part on our client's payment history and the scope of the work involved. Reimbursable Expenses Costs, other than time charges, are based on usage. Therefore, the cost of blueprinting, messenger service, transportation, and other specific job related costs are charges as "reimbursable expenses." Generally, these are a very small portion of the total cost of a project. If requested, we will provide a computer printout which details these costs. We do not provide any additional backup for these generally nominal expenses. PSOMAS Nick Tarditti, CFA Chief Financial Officer