CITY OF SANTA ANA
CONSTRUCTION CONTRACT AGREEMENT
PROJECT NO.: 23-6627
ROUSSELLE STREET FLOOD PROTECTION PROJECT
This CONSTRUCTION CONTRACT is made and entered into this 2l5t day of January , 2025 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 Mike Bubalo Construction Co., Inc. (hereinafter "CONTRACTOR ").
WITNESS ETH:
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 Rousselle Street Flood Protection 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 Four Million One Hundred Thirteen Thousand Two Hundred Fifty-Nine Dollars and No Cents ($4,113,259.00), 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 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 (CW A), 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 CW A. The CW A may be found on the City's website at: http:/ /www.santa-ana.org /pwa/documents /CW 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.
8. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond shall also be required as a condition of project acceptance. For projects up to Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of Ten Thousand Dollars ($10,000) or Twenty Percent (20%) of the final contract price. For projects above Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of One Hundred Thousand Dollars ($100,000) or Ten Percent (10%) of the final contract price.
9. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY.
10. INDEMNIFICATION.
To the fullest extent allowed by law, CONTRACTOR and its Subcontractors hereby agree to defend, indemnify, and hold harmless CITY, its City Council, boards and commissions, officers, agents, employees, representatives and volunteers (hereinafter collectively referred to as "Indemnitees"), through legal counsel acceptable to CITY, from and against any liability, claims, actions, costs, damages or losses, including reasonable costs and attorney's fees, for injury, including death to any person or damage to any property, arising directly or indirectly from, or in any manner relating to, any of the following:
(i) Performance or nonperformance of the Work of Improvement by CONTRACTOR or its Subcontractors of any lower tier;
(ii) Performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of any of the obligations under the Contract Documents;
(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.
Subcontracts , if any, shall contain a provision making them subject to all of the provisions stipulated in this Construction Contract. With respect to any conflict between such federal requirements and the terms of this Construction Contract and/or the provisions of state law and except as otherwise required under federal law or regulation , the more stringent requirement shall control. [signatur e page to follow}
IN WITNESS WHEREOF , the parties hereto have executed this Construction Contract on the day and year first above written .
ATTEST:
JENNIFER L. HALL
City Clerk
APPROVED AS TO FORM:
SONIA R. CARY ALHO
City Attorney
By: />;,z:2{ L / / (1,/gµ /VL-,
K,YfE NELLESEN
A'ssistant City Attorney
RECOMMENDED FOR APPROVAL:
NABIL SABA, PE
Executive Director
Public Works Agency
CITY OF SANTA ANA
ALVARO NUNEZ
City Manager
CONTRACTOR:
Mike Bubalo Construction Co., Inc.
~~~ek
TITLE: \><L~ lb~
Nabil Saba
Digitally signed by Nabil
Saba
Date: 2025.01.06 14:05:46
-08'00'
BID PROPOSAL
CITY OF SANTA ANA
PROPOSAL
PROJECTNO.: 23-6627
ROUSSELLE STREET FLOOD PROTECTION PROJECT
TO: CITY COUNCIL OF THE CITY OF SANTA ANA
FROM: MIKE BUBALO CONSTRUCTION CO., INC.
REQUIREMENT:
EXHIBIT A
The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the following schedule:
Item Description Qty Unit Unit Price Amount
1 Shoting of Open Excavations 1 LS $200,000.00 $200,000 .00 2 Dewatering J LS $ 30,000.00 $30,000.00
3 As-Built Plans 1 LS $5,000 $5,000
4 Clearing and Grubbing l LS $55,000.00 $55,000.00
5 Unclassified Excavation 526 CY $400.00 $210,400.00
6 Asphalt Concrete (ARHM) 488 TON $215.00 $104,920.00
7 Asphalt Concrete (HMA) 406 TON $250.00 $ 101,500.00
8 CMB or Class II Base 300 CY $150.00 $45,000.00
9 Cold Milling (2" Max) 23,270 SF $3 _00 $69,810.00
10 Curb and Gutter per C.S.A. Std. 1101, 690 LF $100.00 $69,000.00 A-2-6 - 11 Curb, Type A-2-6 (Modified) per Sheet 60 LF $100 .00 $6,000.00 DA-02 12 61 Wide Bike Lane (Modified Type A-2· 310 SF $100.00 $31,000.00 8 Curb) Per Sheet DA-02 13 Curb and Gutter per SPPWC Std. J 20-3, 1,080 LF $50 .00 $54,000.00 A3-6 14 PCC Sidewalk per C.S.A. Std. 1104 690 SF $25.00 $ 17,250.00 Fire Access Path, 811 PCC Over
15 Compactec Subgrade, Transition 307 SF $ $
Adjacent Curbs to 3" High 30 .00 9,210.00
16 Curb Ramp per Caltrans Std. A88A, 64t SF $50.00 $32,000.00 Case A .P-1 of P-20
Item
17 18
19 20
21 22
23 24
25 26
27 28
29 30
31 32
33 34
35 36
37 38
39 CITY OF SANTA ANA
PROPOSAL
PROJECT NO.: 23-6627
ROUSSELLE STREET FLOOD PROTECTION PROJECT
Description Qty Unit Unit Price Amount
Modified Curb Ramp per SPPWC Std. 140 SF $100.00 $14,000 .00 111-5, Case A Type 6 Curb Ramp per Caltrans Std. A88A, 140 SF $100.00 $14,000 .00 Case F Adj ust Water Valve Frame ond Cover to 9 EA $2,000.00 $ 18,000.00 Grade per C.S.A. Std. 1410 Adjust Manhole Frame and Cover to 5 EA $2,000.00 $10,000.00 Grade per C.S.A. Std. 1201 Interpretive Signage Per Detail G on 1 EA $5,000.00 $5,000.00 Sheet QD-0 1 Drought-Tolerant Landscape-Buffer 1 LS $20 ,000 .00 $20 ,000 .00 Construction Information Sign 1 EA $1 0,000.00 $ 10,000.00 Project Acknowledgement Sign (Prop l EA $10,000.00 $10,000.00 68 Grant) 8' W x 7' H RCB per Caltrans Std.
1,295 LF $ $ D83A and D83 B with Earthwork per
1,700.00 2,201 ,500 .00 Caltrans Std. A62G
l 0' W x 6' H RCB per Caltrans Std.
50 LF $ $ D83A and D83B with Earthwork per
2,600.00 130,000.00 Caltrans Std. A62G
5' Transit ion Strncture Single RCB to 2 EA $10,000.00 $20,000.00 Single RCB per SPPWC Std. 343-2 5' Transition Structure Single RCB to 1 EA $60 ,000.00 $60 ,000 .00 Single RCP per SPPWC Std. 342-2 Weir, 2' high, per Detail I on Sheet QD· I LS $10,000.00 $ 10,000.00 02 Manhole per SPPWC Std. 323-2 5 EA $20,000 .00 $100 ,000 .00 Without Reducer Junction Structure per SPPWC Std. 334- 3 EA $12 ,000.00 $36 ,000 .00 2, Case 2 18" RCP and Bedding per C.S.A. Std. 5 LF $500.00 $2,500.00 1150 24" RCP and Bedding per C.S.A. Std. 80 LF $600.00 $48,000.00 1150 Local Depression per C.S.A. Std. 305 2 EA $1,000.00 $2,000.00 Catch Basin per SPPWC Std. 300-4 2 EA $ $40 ,000 .00 with CPS Unit and Stenciling 20,000 .00 Monolithic Catch Basin Connection per l EA $20,000.00 $20,000.00 SPPWC Std. 308-3
6.5' x 4' Contech Filterra or Approved 2 EA $10,000.00 $20,000.00 Equal 16' x 8' Contech Filterra or Approved 1 EA $50 ,000.00 $50 ,000 .00 Equal 6" PVC Pipe, Appurtenances , and 65 LF $200 .00 $13 ,000 .00 Bedding per C.S.A. Std. 1150 P-2 of P-20
Item
-io
41 -+2
-I]
-1-+
45 46
47 CITY OF SANTA ANA
PROPOSAL
PROJECT NO.: 23-662 7
ROUSSELLE STRl:[T FLOOD PROTECTION PROJECT
Description Qty Unit Unit Price Amount
8" Class 350 Ductile Iron Water Main
Vertical Offset Per C.S . ...\. Std. 14 IJA 80 LF s s
with Adapters per C.S.A. Std. I-+-+> 600.00 48,000.00
Signing and Striping (Includes Removal
ofbisting Striping/Pavement I LS s s
Markin!!s) 20,000 .00 20,000 .00
Additional Potholing (As-Needed)* 5 EA S 5,000 .00 s 25,000 .00 Tree Removal and Replacement (As- 7 E.--\ 5 5,000.00 s Needed)* 35,000.00 Root Shaving (As-Needed)'1 15 EA 5100.00 $ 10,500.00
90-Day Landscape Establishment I LS s 8,000 .00 s 8,000 .00 Construction Permit I LS S 17.669 S 17.669
Bid Alternate s
Add-Alt Landscaping I LS s 55,000 .00 $ 55,000 .00
TOTAL BASE BID s 4,058,259.00
TOT AL ADD AL TERN A TE BID s 4,113,259.00
T he lowest responsibl e bidder shall be selected based on the total base bid. The City reserves the right to m-varcl the Base Bid . and any. all. or none of the add-alternate bid items (if any). * The quantity for this bid item is show n for bid compa rison only. T his bid item shall not be subject to the ··25%" limit as stated in Section 7-3.5 of the Standard Specificat ions. The actual amount fo r th is item w ill be dictated by the actual quanti ty used. and the Agency reserve the right to increase or decrease the quantity of this item according ly. ·:· This bid item is considered a Specialty Item per Section 3-2 of the Standard Specificat ions.
The undersigned bidder hereby proposes to comp lete the Wo rk for the total base bid amount shO\-vn above.,, ithin 200 working davs after the com mencement elate stated in the otice to Proceed. Upon issuance of the I otice to Proceed. Contractor shall immediately p lace order for long-l ead time items (i.e. Reinforced Concrete Bo:-; stor111 drai n. Filterra Units . etc.) in accordance \\ ith grant funding requi rements. Work shall be comp leted by December 3 1. 2025.
Refer to the Gran t Agreement included in Appendix K.
T he liq uidated damages a111ount. in li eu of the amount specified in Subsection 6-9 of the Standard Specificatio ns. shall be S3.750 per calendar day .
P-3 of P-20
CITY OF SANTAANA
PROPOSAL
PROJECTNO.: 23-6627
ROUSSELLE STREET FLOOD PROTECTION PROJECT
Name of Firm MIKE BU BALO CONSTRUCTION CO., INC.
~ - £ .4'". - · - - ·
SignatureofBIDDER ~ ~
Title President
(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.) Dave Sorem, President, Manager
Jason Bubalo, Secretary, Treasurer