CITY OF SANTA ANA
CONSTRUCTION CONTRACT
rev. 09/01/2017 Page 1 of 3
PROJECT 22-6023
SANTA ANA CYPRESS CENTER RESTORATION
This CONSTRUCTION CONTRACT is made and entered into this 21st day of October 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 Loengreen 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 Santa Ana Cypress Center Restoration 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 Three Hundred Twenty -Two Thousand Five Hundred Twelve Dollars and No Cents ($3,322,512.00), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit “A.” 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 establ ished 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 t his 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 C ITY, 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; P age 3 of 3
(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 CONTRACT OR 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.
N
othing 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 ALVARO NUÑEZ
City Clerk City Manager
APPROVED AS TO FORM:
SONIA R. CARVALHO CONTRACTOR:
City Attorney Loengreen Inc.
By:
KYLE NELLESEN NAME:
Assistant City Attorney TITLE:
R
ECOMMENDED FOR APPROVAL:
RODOLFO ROSAS, P.E.
Acting Executive Director
Public Works Agency
Jeong Won Hong
President
Rodolfo Rosas
Digitally signed by Rodolfo Rosas
DN: cn=Rodolfo Rosas, email=rrosas@santa-
ana.org, c=US
Date: 2025.10.06 15:15:06 -07'00'
Item Description Qty Unit Amount
1 Division 01: General Requirements 1 LS $ 66,077.00 2 Division 02: Existing Conditions 1 LS $ 115,060.00 3 Division 03: Concrete 1 LS $ 113,920.00 4 Division 05: Metals 1 LS $ 237,116.00 5 Division 06: Wood, Plastics, and Composites 1 LS $ 355,894.00 6 Division 07: Thermal and Moisture Protection 1 LS $ 201,772.00 7 Division 08: Openings 1 LS $ 162,833.00 8 Division 09: Finishes 1 LS $ 267,259.00 9 Division 10: Specialties 1 LS $ 36,285.00 10 Division 12: Furnishings 1 LS $ 41,157.00 11 Division 21: Fire Suppression 1 LS $ 58,105.00 12 Division 22: Plumbing 1 LS $ 279,026.00 13 Division 23: Heating, Ventilating, and Air
Conditioning (HVAC) 1 LS $ 181,080.00
14 Division 26: Electrical 1 LS $ 552,560.00 REQUIREMENT:
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:
$ 181,080.00
$ 552,560.00
$ 267,259.00
$ 36,285.00
$ 41,157.00
$ 58,105.00
$ 279,026.00
$ 113,920.00
$ 237,116.00
$ 355,894.00
$ 201,772.00
$ 162,833.00
Unit Price
$ 66,077.00
$ 115,060.00
BID PROPOSAL
TO: CITY COUNCIL OF THE CITY OF SANTA ANA
FROM:
CITY OF SANTA ANA
PROPOSAL
PROJECT NO.: 22-6023
CYPRESS CENTER RESTORATION
LOENGREEN INC
EXHIBIT A
Item Description Qty Unit Amount
15 Division 27: Communications 1 LS $ 31,957.00 16 Division 28: Electronic Safety and
Security 1 LS $ -
17 Division 31: Earthwork 1 LS $ 18,157.00 18 Division 32: Exterior Improvements 1 LS $ 82,150.00 19 Division 33: Utilities 1 LS $ 447,894.00 20 Division 34: Transportation 1 LS $ 24,210.00 21 Division 02: Existing Conditions – Remediation 1 LS $ - 22 Construction Permits 1 Allow 50,000.00 $ $ 50,000
TOTAL BASE BID $ 3,322,512.00 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). $ 18,157.00
$ 82,150.00
$ 447,894.00
$ 24,210.00
$ -
Unit Price
$ 31,957.00
$ -
CITY OF SANTA ANA
PROPOSAL
PROJECT NO.: 22-6023
CYPRESS CENTER RESTORATION
P-3 of P-19
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 two-hundred fifty (250) 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 be $1,200 per calendar day.
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.)
LOENGREEN INC
President
CITY OF SANTA ANA
PROPOSAL
PROJECT NO.: 22-6023
CYPRESS CENTER RESTORATION
P-4 of P-19
BIDDER’S STATEMENT
BIDDER understands and agrees that this Bid Proposal, Contract Documents and subsequent Construction Contract Agreement shall constitute the entire agreement between BIDDER and the AGENCY only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Public Works Agency Executive Director or his/her duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to BIDDER or deposited with the United States Postal Service properly addressed to the BIDDER with the correct postage affixed thereto.
BIDDER further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish AGENCY all required bonds and certificate of liability insurance within ten (10) business days or the funds, check, draft, or BIDDERS bond substituted i n lieu thereof accompanying this proposal shall become the property of the AGENCY and shall be considered as payment of damages due to the delay and other causes suffered by AGENCY because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered is difficult to ascertain; otherwise said funds, check, drafts, or BIDDER’S bond substituted in lieu thereof shall be returned to the undersigned.
BIDDER understands that a bid is required for the entire work, the estimated quantities set forth in the bid schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. The BIDDER also certifies that the bid is a balanced bid.
In accordance with Section 7028.15 of the California Business and Professions Code, the undersigned certifies under penalty of perjury that the foregoing is true and correct.
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.)
LOENGREEN INC
President