CITY OF SANTA ANA
CONSTRUCTION CONTRACT AGREEMENT
PROJECT NO.: 24-6600
BRISTOL-TOLLIVER STREET URBAN GREENING
This CONSTRUCTION CONTRACT is made and entered into this 18th day of March , 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 Legion Contractors, 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 Bristol- Tolliver Street Urban Greening 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 three million eight hundred eight thousand and eight hundred dollars ($ 3,808,800), 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 (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: https://www.santa-ana.org/documents/community-workforce-agreement/
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.
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 ALVARO NUÑEZ
City Clerk City Manager
APPROVED AS TO FORM:
SONIA R. CARVALHO CONTRACTOR:
City Attorney Legion Contractors, Inc.
By:
KYLE NELLESEN NAME:
Assistant City Attorney TITLE:
RECOMMENDED FOR APPROVAL:
NABIL SABA, PE
Executive Director
Public Works Agency
President
Amir Movafegh
Nabil Saba
Digitally signed by Nabil
Saba
Date: 2025.03.03 10:47:27
-08'00'
CITY OF SANTA ANA
PROPOSAL
PROJECT NO.: 24-6600
BRIS
TOL-TOLLIVER STREET URBAN GREENING PROJECT
P-1 of P-23
BID PROPOSAL
TO: CITY COUNCIL OF THE CITY OF SANTA ANA
FROM:
REQU
IREMENT:
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 Remove CMU Wall and Foundation
20 LF
$ $
2 Remove Decorative Chain-link Fence
615 LF
$ $
3 Protect, Modify, and Adjust to Grade
Existing Irrigation System 1 LS
$ $
4 Remove and Reinstall Existing Sign on
Fence 1 EA
$ $
5 Remove Existing Sign and Post
2 EA
$ $
6 Clearing and Grubbing
50,200 SF
$ $
7 Unclassified Excavation and Export*
1,820 CY
$ $
8 Unclassified Excavation, Stockpile, and
Reuse for Backfill* 1,295 CY
$ $
9 Imported Fill*
100 CY
$ $
10 Remove Pedestrian Light Pole and
Foundation. Salvage and deliver pole to
City.
7 EA
$ $
11 Remove Pedestrian Lighting Conduit and
Wire 1 LS
$ $
12 Locate, Cut and Cap Existing Sanitary
Sewer Lateral 10 EA
$ $
13 Adjust Utility Surface Feature to Grade
(Water Meter, Gas Valve, or Electrical
Pullbox)
3 EA
$ $
Legion Contractors, Inc.
200.25 4,005.00
15 9,225
16,000 16,000
2,000 2,000
500 1,000
2 100,400
110 200,200
65 84,175.00
200 20,000
500 3,500
10,000 10,000
2,500 25,000
6,000 18,000
Exhibit A
CITY OF SANTA ANA
PROPOSAL
PROJECT NO.: 24-6600
B
RISTOL-TOLLIVER STREET URBAN GREENING PROJECT
P-2 of P-23
Item Description Q ty Unit Unit Price Amount
14 Remove and Replace Water Valve Frame
and Cover. Adjust to Grade. 1 EA
$ $
15 Install 8” Dual Wall HDPE Pipe
Including Trenching, Removal, Bedding,
and Backfill (Mod C.S.A. STD PLAN
1150)
190 LF
$ $
16 Install 4” Dual Wall HDPE Pipe
Including Trenching, Removal, Bedding,
and Backfill (Mod C.S.A. STD PLAN
1150)
55 LF
$ $
17 Install Hydrodynamic Separator
Including Excavation, Removal, and
Backfill
1 EA
$ $
18 Construct 16"x16" Curbside Grating
Catch Basin with Insert Filter and No
Dumping Stencil Incl. Excavation,
Removals, and Backfill
2 EA
$ $
19 Construct 24"x24" Junction Box with
Orifice Plate Incl. Excavation, Removals,
and Backfill
2 EA
$ $
20 Construct 7.5' Long Slot Drain with No
Dumping Stencil and Including 4' Lateral
Connection to Structure
1 LS
$ $
21 Construct Low Flow Diversion Culvert
120 SF
$ $
22 Install Underground Stormwater Cistern
Including Risers, Collars, Manifold
Piping, Excavation, Shoring, Removals,
Bedding, Geotextiles, and Backfill
1 LS
$ $
23 Install Underground Storage Cistern
Pump, Mechanical Skid, Appurtenances,
and Concrete Pad
1 LS
$ $
24 Construct 2" Sch 80 PVC Pipe (Cistern
Pump to Skid) Incl. Trenching,
Removals, Bedding, and Backfill
45 LF
$ $
25 Construct 4" Sch 80 PVC Pipe (Skid to
Basin) Incl. Trenching, Removals,
Bedding, and Backfill
65 LF
$ $
26 Install 2" Isolation Valve in Valve Box 2 EA
$ $
27 Construct Bioretention Basin with
Underdrains Including Excavation,
Geotextiles, Removals, Underdrains,
Cleanouts, Soil, Stone, and Riprap Inlet
Protection
1 LS
$ $
28 Construct 24”x24” Grated Catch Basin
with Inlet Filter and No Dumping Stencil 1 EA
$ $
29 Install Submersible Pumps, Duplex
Control Panel with Enclosure, Precast
Manhole, Vent, and Appurtenances Incl.
1 LS
$ $
3,000 3,000
300 57,000
220 12,100
75,000 75,000
8,500 17,000
11,500 23,000
23,000 23,000
220 26,400
160,000 160,000
140,000 140,000
270 12,150
200 13,000
3,500 7,000
95,000 95,000
8,500 8,500
95,000 95,000
CITY OF SANTA ANA
PROPOSAL
PROJECT NO.: 24-6600
B
RISTOL-TOLLIVER STREET URBAN GREENING PROJECT
P-3 of P-23
Item Description Q ty Unit Unit Price Amount
Excavation, Removals, Bedding, and
Backfill
30 Construct 3" Sch 80 PVC Pipe (Pump
Manhole to Curb) Incl. Trenching,
Removals, Bedding, and Backfill
80 LF
$ $
31 Install 6" Perforated Single Wall HDPE
Pipe Incl. Filter Sock, Drainage Stone,
and Non-Woven Geotextile
145 LF
$ $
32 Install Shallow 6" Dual Wall HDPE Pipe
Incl. Trenching, Removals, Bedding, and
Backfill (Detail E, Sheet DD-06)
400 LF
$ $
33 Install Shallow 8" Dual Wall HDPE Pipe
Incl. Trenching, Removals, Bedding, and
Backfill (Detail E, Sheet DD-06)
60 LF
$ $
34 Install Shallow 12" Dual Wall HDPE
Pipe Incl. Trenching, Removals,
Bedding, and Backfill (Detail E, Sheet
DD-06)
420 LF
$ $
35 Install Underdrain Cleanout in Paved
Area Including Cast Iron Frame and
Cover
9 EA
$ $
36 Install 1" Water Service (Water Main
Point of Connection to Meter) 1 LS
$ $
37 Install 2" Water Service (Water Main
Point of Connection to Meter) 1 LS
$ $
38 Construct 1" Sch 80 PVC Water Line
Including Trenching, Removals,
Bedding, and Backfill
415 LF
$ $
39 Construct 2" Sch 80 PVC Water Line
Including Trenching, Removals,
Bedding, and Backfill
115 LF
$ $
40 Install 1" Pressure Reducing Valve in
Vault 1 EA
$ $
41 Install Make-up Water Trough Valve
1 EA
$ $
42 Install 2" Backflow Prevention Assembly
with Enclosure 1 EA
$ $
43 Construct 12"X12" Catch Basin with
Atrium Grate (NDS or Approved Equal).
Incl. Excavation, Removals, Backfill,
and Risers
13 EA
$ $
44 Construct Venting Catch Basin and
Piping Incl. Trenching, Removals,
Bedding, and Backfill
1 LS
$ $
45 Install Drinking Fountain, 3/4" Service
Lateral with Valve, and Drainage Sump
with Access Box and Overflow Piping
2 EA
$ $
46 Construct Asphalt Concrete Pavement
485 SF
$ $
160 12,800
110 15,950
200 80,000
300 18,000
180 75,600
2,500 22,500
18,000 18,000
22,000 22,000
75 31,125
95 10,925
5,000 5,000
12,000 12,000
10,000 10,000
3,000 39,000
40,000 40,000
12,500 25,000
15 7,275
CITY OF SANTA ANA
PROPOSAL
PROJECT NO.: 24-6600
BRISTOL-TOLLIVER STREET URBAN GREENING PROJECT
P-4 of P-23
Item Description Qty Unit Unit Price Amount
47 2” Cold Mill and Overlay
3,470 SF
$ $
48 Install Detectable Warning Surface at
Alley 60 SF
$ $
49 Construct 8" Thick PCC Alley,
Driveway, Curb, and Gutter Pavement
per C.S.A Plan No. 1111
2,450 SF
$ $
50 Construct 8" Thick PCC Longitudinal
Gutter 40 SF
$ $
51 Construct 4" Thick PCC Sidewalk with
Integral Color 8,460 SF
$ $
52 Construct 8" Thick PCC Vehicular Rated
Sidewalk with Integral Color, Curb, and
Curb Opening
490 SF
$ $
53 Construct PCC Curb Ramp Incl. Curb,
Gutter, and Detectable Warning Surface 260 SF
$ $
54 Install Continental Crosswalk Striping.
Remove and Reinstall Stop Bar, Stop
Marking, and Turn Arrow.
1 LS
$ $
55 Construct Crushed Miscellaneous Base
163 CY
$ $
56 Construct 6" Wide Concrete Header
480 LF
$ $
57 Construct Poured-In-Place Rubber
Surfacing Incl. Base Courses 3,640 SF
$ $
58 Construct Interlocking Concrete Pavers
Incl. Base Courses 1,680 SF
$ $
59 Install Interpretive Signage
3 EA
$ $
60 Install Entry Signage
2 EA
$ $
61 Install General Park Signage
1 LS
$ $
62 Construction Permit
1 LS
$19,410 $19,410
63 SWPPP Preparation (Risk Level 2) and
Implementation 1 LS
$ $
64 Urban Greening Program Funding
Acknowledgement Sign 1 EA
$ $
65 Construct Removeable Bollard
3 EA
$ $
66 Install Bench
10 EA
$ $
9 31,230
150 9,000
45 110,250
200 8,000
24 203,040
45 22,050
140 36,400
20,000 20,000
120 19,560
75 36,000
27.50 100,100
40 67,200
4,000 12,000
12,500 25,000
10,000 10,000
30,000 30,000
10,000 10,000
3,000 9,000
3,000 30,000
CITY OF SANTA ANA
PROPOSAL
PROJECT NO.: 24-6600
BR
ISTOL-TOLLIVER STREET URBAN GREENING PROJECT
P-5 of P-23
Item Description Qt y Unit Unit Price Amount
67 Install Picnic Table
4 EA
$ $
68 Install Waste Receptacles (Includes
Trash and Recycle; Furnished by City;
Install Only) 5 EA
$ $
69 Construct Playground Equipment and
Shade Structure 1 LS
$ $
70 Construct Workout Equipment and
Shade Structure 1 LS
$ $
71 Install Architectural Fencing
488 LF
$ $
72 Electrical Trenching Incl. Bedding and
Backfill 1 LS
$ $
73 Install Electrical Conduit, Wiring, and
Pullboxes 1 LS
$ $
74 Install 200A NEMA 3R Meter Pedestal,
Lighting Control Panel in NEMA 3R
Enclosure, NEMA 3R Enclosure for
Security Camera System, and Concrete
Pad
1 LS
$ $
75 Install 14' Light Pole (includes post,
footing, luminaire, excavation, and
removals)
14 EA
$ $
76 Install 30' Camera Pole (includes post,
footing, luminaire, cameras, excavation,
and removals)
2 EA
$ $
77 Install 30' Sports Lighting Pole (includes
post, footing, luminaires, excavation, and
removals)
2 EA
$ $
78 Install Security Camera System
Infrastructure Including Deferred System
Design by Contractor
1 LS
$ $
79 Install Landscaping Including Turf,
Trees, Shrubs, Mulch, Soil Conditioning,
Topsoil, Amendments, Fertilizers,
Agronomic Testing, Supports, and Root
Barriers
1 LS
$ $
80 Install Landscape Boulders
19 EA
$ $
81 Install Irrigation System Including
Piping, Tubing, Sleeves, Bubblers,
Control Wiring, Valve Boxes,
Controllers, Valves, Sensors, Quick
Couplers, Drip Rings, Etc.
1 LS
$ $
82 Plant Establishment (90 Days)
1 LS
$ $
4,500 18,000
1,000 5,000
265,000 265,000
75,000 75,000
285 139,080
75,000 75,000
85,000 85,000
35,000
35,000
12,000 168,000
20,000 40,000
19,000 38,000
55,000 55,000
85,000 85,000
350 6,650
195,000 195,000
5,000 5,000
CITY OF SANTA ANA
PROPOSAL
PROJECT NO.: 24-6600
BR
ISTOL-TOLLIVER STREET URBAN GREENING PROJECT
P-6 of P-23
Item Description Qt y Unit Unit Price Amount
83 As-Built Plans
1 LS
$5,000 $5,000
Bid Alternates
1 Construct Skate Park Elements and
Paving 1 LS
$ $
2 Construct 4" Thick Asphalt Concrete
Basketball Court Including Striping,
Colored Surface, and Perimeter Edging.
Includes Basketball Hoop and
Foundation
1 LS
$ $
TOT
AL BASE BID $
TOTAL ADD ALTERNATE BID $
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 7-3.5 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. † This bid item is considered a Specialty Item per Section 3-2 of the Standard Specifications.
TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown abo
ve, within one hundred and sixty (160) working days after the commencement date stated in the Notice to Proceed. Upon issuance of the Notice to Proceed, Contractor shall immediately place order for long-lead time items (i.e. precast structures, electrical equipment, light poles, playground and fitness equipment, shade structures, fabricated equipment). Work shall be completed by January 31, 2026.
The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $5,200 per calendar day.
545,000 545,000
235,000 235,000
3,808,800.00
780,000.00
CITY OF SANTA ANA
PROPOSAL
PROJECT NO.: 24-6600
BRISTOL-
TOLLIVER STREET URBAN GREENING PROJECT
P-7 of P-23
Name of Firm
Signature of BIDDER
Title
(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.) Legion Contractors, Inc.
President
Amir Movafegh
Legion Contractors, Inc. - CA Corporation
Amir Movafegh - President, Treasurer and Manager
Saba Khoubanshargh - Secretary