CITY OF SANTA ANA
CONSTRUCTION CONTRACT
PROJECT 22--6990
BRlSTOL STREET REHABILITATION FROM SANTA CLARA A VENUE TO MEMORY LANE This CONSTRUCTION CONTRACT is made and entered into this 1st day of July, 2025 by and between the Cit y 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 RJ Noble Company (hereinafter "CONTRACTOR").
WI1NESSETH:
The ClTY 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 Cit y Engineer of the CITY, the Bristol Street Rehabilitation from Santa Clara Avenue to Memory Lane 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 Agl'eement
• 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 Nine Hundred Twenty-Two Thousand Nine Hundred Fifty Dollars and No Cents ($922,950), 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 Green
book: 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 ---·· ----·--······· --·· ·
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 time frame 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 CWA. The CWA 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 ( I 00%) 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 ( I 0%) 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 lndemnitee.
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. CARVALHO
City Attorney
✓ ;.,,,( I I/ By: .' «; u- I lf ,l(JJ,i/'/'t-,,
K;{[ E NELLES EN
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
NABIL SABA, PE
Executive Director
Public Works Agency
CITY OF SANTA ANA
ALVARO NUNEZ
City Manager
CONTRACTOR :
RJ Noble Company
X
NAM OZA
TITLE: • NT
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
Ro/Vi 188 □ J c OOtlOOI a@ a a o o a a C8C5§ ~ j [li1181J 11111101100 111 ■ 1 1 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 ORAN GE }
05/14/2025 J. DEIONGH , NOTARY PUBLIC On ____________ before me, _ __________________ _ _ Dote Here Insert Nome and Title of the Officer
STEVEN L. MENDOZA personally appeared ___ ________ _ ______ _____ _____ __ _ Nomef'&) of Signer(1J}
who proved to me on the basis of satisfactory evidence to be the personfs) whose name(!) is~ subscribed to the within instrument and acknowledged to me that he~ y executed the same in his~ authorized capacity~ . and that by his~w signature(K) on the instrument the person~ ). or the entity upon behalf of which the person~) acted, executed the instrument. ········~ J. DEJONGH
Nctary Public • California 2 Oran5e Cccnrt S:
Cori mission :; 24,:a 11 • -
y Co,-,-.. Expires Cc: lS. 2027
Place Notary Seal and/or Stomp Above
I certify under PENAL TY OF PERJURY under the
laws of the State of California that the forego ing
paragraph is true and correct.
OPTIONAL
Completing this information con dete r alte ration of the document or fraudulent reattachment of this form to on unintended document.
Description of Attached Document
Title or Type of Document: _ _________ ________ ________ _ Document Date: _____ _ _ _ _ _ _____ _ ___ _ Number of Pages: ___ _ Signer(s) Other Than Named Above : ______ ____________ ____ _ Capacity(ies) Claimed by Signer(s)
Signer's Name: _ __________ _
D Corporate Officer - Title(s): _ _ ____ _
o Partner - o Limited o General
Signer's Name: __________ _ _
o Corporate Officer - Title(s): ______ _
o Partner - o Limited o General
o Individual o Attorney in Fact
□ Trustee o Guardian or Conservator
D Other: _____ ________ _
Signer is Representing: _____ ___ _
o Individual o Attorney In Fact
o Trustee o Guardian or Conservator
D Other: _____________ _
Signer is Representing: ________ _
OOl{ll8:0fi a □ J e g c E J : : s e e e ~ 3, i □ □ a ooo& u 1881'JI a.10011 DO J 5 It ; j §§ l'.)2019 National Notary Association
BID PROPOSAL
CITY Of SA~T A A~A
PROPOSAL
PROJF.CT ~O.: ~:-6990 BRISTOi. S r REET Rl·.IIABILITATIO' FRO~! SA\ I A CLARA A VI. I U ~II: \!UR Y LA!I.E
TO: CITY COL',CII. OF TH[ Cl I Y OF SAN I:\ A\A
FRO\1: R.J , UBLl:. COMP A~Y
EXHIBIT A
-----------------------------
REQUIREME~T·
The undersigned bidder d1.-clares t~t the) ha\c c3rcfull) c:\.amincd the location or" the proposed \a.Ork. that me) ha\c c,amined the Contract Oocuments in its cntiret) and hereb) pnipo!>es 10 furnish all material and do all the \\Ori. required 111 complete the said \a.Ori. in accordance,, ith said plans (ifan)) and tile specification· for the unit pricc(Sl or lump sum(sl stt fonh in the follo,, ing schedule:
Item Description Q~ l'nil l"nit Price Amount
L nclassilied bca, at ion 370 CY S 210.00 S 77,700.00
:? Cold \till (:!n )• 155.000 sr S 1.17 s 181,350 .00
3 AC Pa,ement• 100 Th S 240.00 s 2-1:,000.00
4 Asphalt Rubber Hot \fa tARll\t 1• 2.000 T\ s 169.00 S 338,000.00 I
5 PCC Side\l.alk t·f'l 3.700 SF S 8.75 s 32,375.00
I
6 PCC Dri,c"a) Approach ~00 SF s 23.00 s 4,600.00
I
7 PCC Curb Ramp ~.000 SF Is 16.00 s 32,000.00
8 I PCC Curb and Gutter tT)pc A-2-81 ~50 1.F S 41.00 S 10,250.00 I I I s 5,980.00 9 PCC Cross-Gutter (Anerial I 260 SF s 23.00 10 PCC Bus Pad -tOO0 SF s 22.00 s 88,000.00
11 Root Sha.,,e• ! 3 EA j S 400.00 s 1,200.00
Adjust \\ atcr \' ah e Frame and ' I
12 , ~ !-.. \ s 1,800.00 s 21,600.00 : Co, er to Finished Grade 13 1 Adjust\\ atcr Meter Frame: and 2 EA S 1,320.00 S 2,640.00 1 CoHr 10 Finished Grade
I I ➔ Adjust \1anhok Frame and Co,cr 9 EA !s 1,700.00 s 15,300 .00 P-1 of P-I 9
Item
IS
16 17
18 19
20 21
22 23
24 CITY OF SANT A ANA
PROPOSAL
PROJECT :--10.: 22-6990 BRISTOL STREET REHABILI TATIO'I\ FROM SA.'-TA CLARA AVE TO \1EMORY LA~ E
Description Qty Unit Unit Price
Adjust OCSD Manhole Frame and 3 EA s 4,800.00 Cover ' Adjust MWD Manhole Frame and I 3 ;
EA s 1.700.00
Cover i
I
Adjust Pullbox 4 EA s 2,700.00
Remove and Relocate Existing Bus I LS s 2,500.00
Furniture.
Abandon Existing Loops 2 EA s 200.oo
Remove Tree I EA S 6,000.00
Furnish and Install Traffic Loops 5 TypeE
EA s 875.00
Construction Sign 2 EA s 1,500.00
Signing and Striping I LS s 34.ooo.oo
I
Construction Permit I I I.S S7.380.00
P-2 of P-19
Amount
S 14.400.00
S 5,100.00
S 10,800.00
S 2,500.00
s 400.00
56,000.00
S 4,375.00
,s 3,000 .00
S 34,000.00
S7.380.00
CITY OF SANT A ANA
PROPOSAL
PROJECT ~o .. 1::-0990 BRISTOL STRI.H REHABILITA Tio,
FROM SA'.\lA CLARA AVE 1O\11::.\IORY LA"-E
NINI IIUNllRIIJ r w 1 ..;n rwoTlltll ' \ANll
NINE IIUNORI-D Fl ~r\' DOI LAil'> AND 1'0 < fSH TOT AL BASE BID s 922,950.00 The IO\li.CSt responsible bidder shall b( seh.'1:ted based un the total base bid. The Cit) rc:,cncs the right to a"ard the Ba~ Bid. and an~. all. or none of the add-alternate bid items ( if an~ 1. • The quantit~ for this bid item is shO\\ n for bid comparison onl~. !'his bid item shall not b( subject to the ··25%" limit as stat~ in Section 7-3.5 0f the Standard Sixcilication:,. I he actual amount for this item \I, ill be dictated b~ the actual quantit~ used. and the Agenc) ~~n es the right to increase or decrease the quantit) of this item accordingl~. t This bid item is considered a Specialt~ llem ~r Sccti.:in J-2 of the tan.Jard 'ipecilkation:,.
Tl\-1E FOR COMPLETIOl\ OF l\1PRO\'EMEt\TS AND LIOL'IDATED DA\IAGl:.~ The undersigned bidder hcrcb) proposes to compkte the \\ or!,. for the total base bid amount sho" n abo\e. \\ithin Fort,-foe (45) \\QO.ing d;p ~ after the cummencement date stati:d in the , otice to Proceed.
The liquidated damages amount. in lieu of the amount ~pecified in ~ubsection 6-<l of the: Standard Specifications. shall b( S l .550 per calendar da).
ame of Firm R.J NOBLl:. COMl'A:-.:Y
Sienature ofBIDDER X ~~
T.-, TE\'E>: L ~11::Noou ~ c:~u-: 1
It C
{If an indi, idual. so state. If 3 firm or co-partnership. state the firm name .ind gi\e th( names of all indi, idual co-partners composing the: firm. If a corporation. state: legal name of corporation. and names of President. Se1:n:ta~. l reasurc:r and \lanag(r. thc:rel,f.l PLEA E 'EE THE A Tl ACHED LI T OF CORPORA fE OHICER .
P-3 of P-19