Cities Index.
Exhibit 5

Santa Ana City Council
December 2, 2025

Document
Exhibit 5
Meeting
December 2, 2025
Body
Santa Ana City Council
Pages
3
Original file
1.7 MB
Text extracted from the city's file for reading and search. Open the original on santa-ana.primegov.com. That file is the official record.

CITY OF SANTA ANA

CONSTRUCTION CONTRACT
PROJECT NO.: 24-6604

SANT A ANA ZOO STORMW ATER CAPTURE AND DIVERSION PROJECT This CONSTRUCTION CONTRACT is made and entered into this 2nd day of December, 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 Armstrong Cal Builders In. (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 constrnct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, [Santa Ana Zoo Stormwater Capture and Diversion 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 Fonn
• 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 Constrnction.

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 six million six hundred twenty-seven thousand and six hundred twenty dollars ($6,627,620.00), as set forth and identified in the itemized BID PROPOSAL uploaded by the Contractor to PlanetBids, 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 con-espond 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. rev. 09/01/2017 Page I of3

4. CONTRACTOR agrees to complete the WORK OF IMPROVEMENT within the time specified in the Time for Completion of Improvements and Liquidated Damages section of the BID PROPOSAL (Exhibit "B") 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 dete1minations 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.san ta-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;

Page 2 of 3 ends

(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 ofimprovement 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 Constrnction Contract on the day and year first above written.

ATTEST:

JENNIFER L. HALL
City Clerk
APPROVED AS TO FORM:

SONIA R. CARVALHO
City Attorney
By: J;;t ~
K¥f'.E NELLESEN
Assistant City Attorney
RECOMMENDED FOR APPROVAL:

RODOLFO ROSAS, P.E.

Acting Executive Director
Public Works Agency

CITY OF SANTA ANA

ALVARO NUNEZ
City Manager
CONTRACTOR:
[Armstrong Cal Builders Inc.]
BY: Sha~ alah
TITLE: President/CEO

Page 3 of 3 ends

Rodolfo Rosas
Digitally signed by Rodolfo Rosas
DN: cn=Rodolfo Rosas,
[email protected], c=US
Date: 2025.11.18 10:20:38 -08'00'
Sc.nta Ana Zoo Slorrnwaim C,1ptwn aHI D;'J6if,ian l'rOjfcl (l'wject #24-GGO,l). bidciing on 10'09.-2026 2:00 f'M (l'DT) EXHIBIT A P,intucl 10.1:J0-'2025 Item# Item Code i Type Item DHCrlptlon UOM QTY Unit Price Line Total Re,pon.a Comment Bid Items $6,:m.,620.00
As·Bullt Plans LS $5,000.00 $5,000.00 VH
Potholing (As•Nnded)•
"'
$3,000.00 $15,000.00 VH
Clearing and Grubbing LS $675,000.00 $675,000.00 VH
Uncluslfled Excavation and Export CV
'"
$450.00 $288,000.00 VH
Removal of Existing UtUltles LS $35,000.00 $35,000.00 v ..

Cold Min Ina (2" MIX) SF 11100 $1.50 $13,650.00 VH
7 Mp halt Concrete (HMA) TON 825 i $210.00 $173,250,00 v .. , crick Repair ind Emulsion Aggregate Slurry
"
15000 $3.00 $45,000.00 VH
Pee sldewalkperc.S,A,Std, 1104 SF 4500 $13.00 $58,500.00 VH "
PCC Sidewalk per City of Tllstln std, 202
"
2800 $13.00 $36,400.00 v ..
11 Decorative pee sldewalk SF 2700 $19.00 $51,300.00 VH 12 8" PCC Pavement SF 275 $32.00 $8,800.00 v ..
"
7" PCC Commercial Driveway Apron and Depressed Curb per City of Tustin std. 208 SF "'
$27.00 $16,740.00 VH
14 PcrmubleConcrete Pavers SF 6700 $44.00 $294,800.00 v .. "
A·2-6 Curb and Gutter per C.S.A. Std.1101 LF
'"
S45.oo $17,550.00 VH
"
A-2 curb and Gutter per City of Tllstln Std. 201 LF
"'
sss.oo $11,000.00 v ..
"
B·1 (Modified) Curb per C,S.A.Std.1101 LF 740 $48.00 $35,520.00 v .. "
3' Wide Ribbon Gutter SF 1100 $26.00 $28,600,00
"'
"
4' Wide Cross Gutter per C.S.A. std.11 Oil (Modified) SF 1030 $24.00 $24,720.00 VH 20 6' Wide Cross Gutter pu C,S.A, Std.1109 SF 430 $25.00 $10,750,00 VH "
4' Wide Reverse P1rkway culvert LF
"
$470,00 $24,440.00 VH
"
Lout Depression per c.s,A. std, 305
"'
$1,800.00 $5,400.00 VH
"
Curb R,mp Clise A per C1ltr.ns 5td.A88A SF
"'
$35.00 $4,200.00 VH
,. Swale System LS $46,000.00 $46,000.00 v ..
"
Dry Creek Structure LS $145,000.00 $145,000.00 VH
"
Pedestrian Bridge LS $85,000.00 $85,000.00 Yu
27 Fendng LF
"'
$142.00 $8B,040.00 VH
,. Pcdutrlan G1tc EA $5,000.00 $5,000.00 VH
"
Adjust Valve Box frame ind Cover to Gnde perC.S.A. Std.1410 EA • $4,500,00 i $18,000.00 YH "
AdJustPu!lbox to Grade EA $750,00 $2,250.00 VH
"
Adjust W1terV1ult to Grlde EA $6,500.00 $6,500.00 YH
"
Adjust Meter to Clrade EA :2 $700,00 $1,400.00 v ..
"
4" AWWA C900 PVC Water Main {DR 14), with Appurtenances LF '"
$225,00 $139,950.00 v.,
"
6" AWWA C900 PVC Water Main (DR 14), with Appurtenances LF "'
$355,00 $71,000.00 YH
"
: 8" AWWA CIIOO PVC Water Main (DR 14), w1thAppu1ten1nces LF 140 $510.00 , $71,400.00 VH "
,~ Fire Suvkfl per C.S.A, std.1417, with Appurten1nus LF , 194 '
$300,00 $58,200.00 VH
"
4R Gate Valve perC,S,A,Std, 1410
"' '
, $7,800.00 $15,600.00 VH
" r Gate V1lve perc.s,A.Std, 1410
"'
$11,000.00 $11,000.00 VH
"
cut,Plu11,1ndAb1ndon Water Main end/or Valves perC.S.A. Std.14011 and 1430 LS $27,000.00 $27,000.00 Yu : 40 8" PVC Storm Drain and Bedding perC.S.A,Std, 1150 LF "'
$225,00 $133,650.00 VH
41 ,r RCP ind Bedding perC,S.A,Std, 11S0 LF
"'
$560,00 $115,360.00 YH
"
24" RCP and Bedding perC,S.A,Std, 1150 LF 4 $1,500.00 $6,000.00 y,. "'
48" RCP and Bedding perC.5.A. Std.1150 LF .. $2,000.00 $112,000.00 VH 44 63" RCP and Bedd!n11 per C,S.A, Std, 1150 LF $3,000.00 $18,000.00 v .. "
, Catch Duin ,Ype "C" per c.s.A. Std. 303, W:3.S', with C1tch Basin Fllter "'
$36,000.00 $36,000.00 v ..
.. Catch Basin 'type "C" per C,S.A. Std. 303, W=14", with Catch a.sin FIiter EA $52,000.00 $52,000.00 VH "
C1tch Buln perSPPWC Std.303, wlth Catch Basin Filter
"'
$55,000.00 $55,000.00 v ..
"
24" x 24" Precut Concrete Drain Inlet with Atrium Grate and Catch Duin FIiter EA $10,000.00 $30,000.00 v .. .. Diversion Structure EA $100,000,00 $100,000.00 y,.

Sat1l<1 Ana luo Storrm-,,,1~r Capl11r,1 and Oivr,•rsicn 1',q,:•cl (l',ojf,ct /!24·GGO,I). b;<1d1no on 1 0:0912025 2:00 PM (PDJ") P,intsd 10.'30/2025 Item# Item Code ll'P• Item Ounlptlon UOM QTY Unit Price Lln11Total Ra•ponn Comment 50 Gate Valve and Vault EA i $98,000.00 $98,000.00 v .. 51 Pretrutmnt Structure EA $225,000.00 $225,000.00 v .. 52 Deflective System EA $160,000.00 $160,000.00 v ..
"
Subsurfa" Sedfment11tlon/storage System LS $515,000.00 $515,000.00 v .. 54 Drywell EA 12 $55,000.00 $660,000.00 v ..
"
Orywell Primary Chamber EA $280,000.00 $280,000.00 v .. "
Jun di on Structure per SPPWC Std. 331·3 EA $70,000.00 $70,000.00 v ..

ST Jundlon Ch11mberlype "A" perC.S,A.Std,306 EA $60,000.00 $60,000.00 v .. "
Manhole per SPPWC Std.322·3 EA $35,000,00 $35,000.00 y., "
Tree Removal (As Needed)• EA $1,500.00 $4,500.00 v ..
"
Rootsh•vlng (As•Needed) • EA 15 $900,00 $13,500,00 v .. "
swing Gate and Posts EA $7,500.00 $22,500.00 v ..
"
Rolling Gate and Concrete Pad LS $75,000.00 $75,000.00 v .. "
Bench EA $250.00 $750.00 y.,
.. Zoo Sign LS $10,200,00 $10,200.00 v ..
.. Funding Acknowledgement Sign EA $3,500,00 $3,500.00 YH "
Interpretive Signs EA $3,000.00 $6,000.00 v ..
., Lighting LS $78,000.00 $78,000.00 v ..
.. Electrlul Improvements LS $355,000.00 $355,000.00 v .. "
Landsceplng and Irrigation LS $325,000.00 $325,000.00 v ..

TO Signing and Striping LS $32,000,00 $32,000.00 v.,
71 Construction Permit LS $24,200.00 $24,200.00 v ..
"
91).0ay Landscape Establishment LS $17,500.00 $17,500.00 y., "
Construction Information Sign EA $4,000.00 $4,000.00 v ..

Bid Altern,tes $245,000.00
"
Flow Meter and Vault EA $245,000.00 $245,000.00 v ..

Santa Aoa Zoo S1ormwa1er C;iptu re and Dive,sio n P,ojecl (P,oject #24•6604), biddiog on 10'09/2025 2:00 PM (POT) Line Item Subtotal s
Section Title
Bid Items
Bid Alternates
Grand Total
Line Total
Prinled 10/30/2025
$6,382,620.00
$245,000.00
$6,627,620.00

CITY OF SANT A ANA

PROPOSAL
PROJECT NO.: 24-6604

EXIDBITB

SANTA ANA ZOO STORMWATER CAPTURE AND DIVERSION PROJECT
TOT AL BASE BID $
TOT AL ADD AL TERNA TE 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. t This bid item is considered a Specialty Item per Section 3-2 of the Standard Specifications.

TJME FOR COMPLETION OF IMPROVEMENTS AND LIQUID A TED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within two hundred and twenty (220) working days after the commencement date stated in the Notice to Proceed. Upon issuanc e of the Notice to Proceed, Contractor shall immediately place order for long-lead time items (i.e. drywells, surface sedimentation/storage system, light poles, signage, etc.).

The liquidated damag es amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $6,700 per calendar day.

Name of Finn Armstrong Cal Builders Inc.

Signature of BIDDER - - =~::::......,""-~""';__--=---- --- - ------ - - -- -f:fi President/CEO ./ m _ _;;_;;;;.;;,_;;.;.;,,;_.;;.;;;;.~- ------- ----------- -------- 0'> (If an individual, so state. If a firm or co-partnership, state the firm name and give the names of -~ Title
all individual co-partners composing the firm. If a corporation, state legal name of corporation, R3 0 and names of President, Secretary, Treasurer and Manager, thereof.) o 0 P-5 of P-21
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