EXHIBIT 3
CITY OF SANTA ANA
CONSTRUCTION CONTRACT
PROJECT 21-6453 & 21-6619
NE ANNEXATION WATER & SEWER MAIN IMPROVEMENTS
This CONSTRUCTION CONTRACT is made and entered into this 7" day of November, 2023 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 Dominguez General Engineering, Inc. (hereinafter "CONTRACTOR").
WITNESSETH:
The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows:
1. CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the NE Annexation Water & Sewer Main Improvements 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 Two Million One Hundred Thirty Three Thousand Three Hundred Sixty Two Dollars and No Cents ($2,133,362.00), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A," and in accordance with Section 2-7.1 of the Greenbook: Standard Specifications for Public Works Construction.
The BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any rev. 08/01/2023 Page 1 of 3
EXHIBIT 3
class or portion of the work or to omit portions of the work as may be deemed necessary or advisable.
4. CONTRACTOR agrees to complete the WORK OF IMPROVEMENT within the time specified in the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit "A") including commencing construction within the timeframe therein specified after issuance of a Notice to Proceed.
5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the WORK OF IMPROVEMENT a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law.
6. If applicable, the CONTRACTOR shall adhere to the CITY'S Community Workforce Agreement (CWA), a pre-hire collective bargaining agreement, which establishes the labor relations policies and procedures for CONTRACTOR to follow in the crafts persons employed to complete the WORK OF IMPROVEMENT as more fully described in the CWA. The CWA may be found on the City's website at: http://www.santa-ana.org/pwa/documents/CWA.pdf
7. CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY, one in the amount of One Hundred Percent (100%) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100%) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY.
8. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond shall also be required as a condition of project acceptance. For projects up to Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of Ten Thousand Dollars ($10,000) or Twenty Percent (20%) of the final contract price. For projects above Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of One Hundred Thousand Dollars ($100,000) or Ten Percent (10%) of the final contract price.
9. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY.
10. INDEMNIFICATION.
To the fullest extent allowed by law, CONTRACTOR and its Subcontractors hereby agree to defend, indemnify, and hold harmless CITY, its City Council, boards and commissions, officers, agents, employees, representatives and volunteers (hereinafter collectively referred to as "Indemnitees"), through legal counsel acceptable to CITY, from and against any liability, claims, actions, costs, damages or losses, including reasonable costs and attorney's fees, for injury, including death to any person or damage to any property, arising directly or indirectly from, or in any manner relating to, any of the following:
(i) Performance or nonperformance of the Work of Improvement by CONTRACTOR or its Subcontractors of any lower tier;
EXHIBIT 3
(ii) Performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of any of the obligations under the Contract Documents; (iii) The construction activities of CONTRACTOR or its Subcontractors of any lower tier, either on the project site or on other properties;
(iv) The payment or nonpayment by CONTRACTOR of any of its Subcontractors of any lower tier, for Work of Improvement performed on or off the project site; and (V) Any personal injury, property damage or economic loss to third persons related to and arising from the performance or nonperformance by CONTRACTOR or its Subcontractors of any Lower tier, of the Work of Improvement.
(vi) The indemnity obligations of Subcontractors provided by this Section shall be included in all subcontract documents issued by CONTRACTOR.
Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in favor of CONTRACTOR against CITY or any other Indemnitee.
IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written.
ATTEST: CITY OF SANTA ANA
JENNIFER L. HALL KRISTINE RIDGE
Clerk of the Council City Manager
APPROVED AS TO FORM:
SONIA R. CARVALHO CONTRACTOR:
City Attorney Dominguez General Engineering, Inc.
fore Montaga
By:
JOSE MONTOYA NAME: ADOLFO DOMINGUEZ
Assistant City Attorney TITLE: President
RECOMMENDED FOR APPROVAL:
NABIL SABA, PE
Executive Director
Public Works Agency
CITY OF SANTA ANA ADDENDUM NO. FOUR
Exhibit A PROPOSAL
PROJECT NO.: 21-6453 & 21-6619
NE ANNEXATION WATER & SEWER IMPROVEMENTS
BID PROPOSAL
TO CITY COUNCIL OF THE CITY OF SANTA ANA
FROM: Dominger General Engineering Ire.
REQUIREMENT:
The undersigned bidder declares that they have carefully examined the location of the proposed Item Description Qty Unit Unit Price Amount
Mobilize/Demobilize (Max 5% of 1 LS
total bid) $70,000 $70,000
2 Traffic Control 1 LS $
30,000 $30,000
3 Signing and Striping 1 LS
20,000
4 Construction Permit 1 LS $6,000 $6,000
Install Speed Cushions at Deodar St 1 LS $ $
Between Avalon Ave and 17h St 20,000 20,000
*6 Cold Mill (2") 68,387 SF $
68 387
*7 Asphalt Rubber Hot Mix (ARHM) 826 TN $
170 140,420
*8 PCC Sidewalk (T=4") per City Std. 2,493 SF $
1104 25 62,325
PCC Driveway Approach (T=6") 1,988 SF $
per City Std. 1112 35 69,580
*10 PCC Curb & Gutter (A-2-6) per 1,281 LF $
City Std. 1101 40 51,240
Adjust Water Valve Frame & Cover 11 EA $
1500 16,500
12 Adjust Manhole Frame & Cover 8 EA $
2000 16,000
13 6" DR-14 PVC Water Main per 5 LF $ $
detail on plans 500 2500
P-1 of P-17
CITY OF SANTA ANA ADDENDUM NO. FOUR
PROPOSAL
PROJECT NO.: 21-6453 & 21-6619
NE ANNEXATION WATER & SEWER IMPROVEMENTS
Item Description Qty Unit Unit Price Amount
14 8" DR-14 PVC Water Main per 2,000 LF $
detail on plans (includes trench, 180 260,000
bedding, backfill and paving)
15 12" DR-14 PVC Water Main per 265 LF $
detail on plans (includes trench, 750
bedding, backfill and paving) 198,750
*16 Vertical Offset per City Standard 5 EA $
Plan 1413B (As Needed) 1|000 20,000
*17 1" Air Vacuum and Release Valve 1 EA $ $
per City Standard Plan 1415 (As
Needed) 10,000 10,000
*18 Additional Potholing (As Needed) 10 FA
500 5,000
*19 Additional Trenching Costs to 200 LF $ $
Install Water Pipeline 18"-30"*
Deeper (Total 54" to 66" Cover) 40 8,000
(As-Needed)
20 |1" Copper Water Service per City 51 EA $
Std. 1401 3,000 153,000
21 2" Copper Water Service per City 2 EA $ $
Std. 1402 20,00 0 40,000
22 8" Resilient Wedge Gate Valve per 4 EA $ $
Cily Std. 1410 3,000 12,000
23 12" Resilient Wedge Gate Valve per EA $
City Std. 1410 5,000 $5,000
24 2" Blow off Assembly per City Std 1 EA $ $
1414 10,000 10,000
Fire Hydrant Assembly per City 8 EA $
Std. 1405 20,000 160,000
26 8" SDR 26 PVC Sewer Main por 660 $
detail on plans includes trench, 240 158,400
bedding, backfill and paving)
27 4" SDR-26 PVC Sewer Laleral per 29 EA $
City Std. 1204 5,000 $145,000
28 48" Sewer Manhole per City Std. EA $
1201 15,000
29 Remove Existing Manhole 1 EA $ $
3,000 3,000
30 CCTV Inspection of Existing Sewer 1,860 LF $ 00
Main (Pre and Post Construction) 3 $ 5,580
31 CCTV Inspection of Existing Sewer 20 EA $
Laterals (Pre and Post Construction) 300 6,000
32 CCTV Inspection of New Sewer 660 LF $
Main 1980
P-2 of P-17
CITY OF SANTA ANA ADDENDUM NO. FOUR
PROPOSAL
PROJECT NO.: 21-6453 & 21-6619
NE ANNEXATION WATER & SEWER IMPROVEMENTS
Item Description Qty Unit Unit Price Amount
CCTV Inspection of New Sewer 29 EA $
Laterals $ 300 8,700
Furnish & Install Traffic Loop Type LS $ 10,000 $
per plans 10,000
35 Praise & sal Enviropod Lita 2 • EA
$5,000 10,000
*36 Bore and Jack, Install Steel Casin 240 LF $
nd Ductile Iron Carrier Pipe 700 168,000
*37 Removal, Handling and Disposal o 20 LF
bestos Pip 100 $2,000
TOTAL BASE BID 52,133 362°°
The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add-alternate bid items (if any). * The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the "25%" limit as stated in Section 3-2 of the Standard Specifications. The actual mount for this item will be dictated by the actual quantity used, and the Agency reserves th ght to increase or decrease the quantity of this item accordingl * This bid item is considered a Specialty Item per Section 3-2 of the Standard Spccifications.
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 eighty-five (85) 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 bc $3,421 per calendar day.
Name of Firm Done
= General Engineering the
Signature of BIDDER
Title President Adolfo Dominguez - Saretary Erica Domingra, (It 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