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HomeMy WebLinkAboutMIKE BUBALO CONSTRUCTION CO., INC. (ROUSSELLE STREET FLOOD PROTECTION PROJECT) INSURANCL uN FILE WORK MAY PROCEED CITY OF SANTA ANA UPlTI!INSURANCE EXPIRES 1_l 1 I -° zI° CONSTRUCTION CONTRACT AGREEMENT CITY CLERK PROJECT NO.: 23-6627 DATE. QpR Q Q 2025 ROUSSELLE STREET FLOOD PROTECTION PROJECT D.. y.,JM2) 0,Ae,* oV.A.0 """This CONSTRUCTION CONTRACT is made and entered into this 21' 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"). 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 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. Page 1 of 4 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: 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 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 4 IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: CITY OF SANTA ANA IFE• HA.L �' ALVARO NUNEZ Cit Ierk \ City Manager APPROVED AS TO FORM: SONIA R. CARVALHO CONTRACTOR: City Attorney Mike Bubalo Construction Co., Inc. By: /altekervb-- KYLE NELLESEN NAME: . AV - S222-e.m.— Assistant City Attorney TITLE: Pa-.V—S t t)�J►�C` RECOMMENDED FOR APPROVAL: Digitally signed by Nabll Nabil Saba Saba Date:2025.01.0614:05:46 -08'00' NABIL SABA,PE Executive Director Public Works Agency Page 4 of 4 (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. [signature page to follow] Page 3 of 4 EXHIBIT A CITY OF SANTA ANA PROPOSAL, PROJECT NO.: 23-6627 ROUSSELLE STREET FLOOD PROTECTION PROJECT BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: MIKE BUBALO CONSTRUCTION CO., INC. 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: Item Description Qty Unit Unit Price Amount 1 Shoring of Open Excavations 1 LS $,200,000.00 $200,000.00 2 Dewatering 1 LS $30,000.00 $30,000.00 3 As-Built Plans 1 LS $5,000 $5,000 4 Clearing and Grubbing 1 LS $55,000.00 $55,1300.00 S Unclassified Excavation 526 CY $400.00 $210,400.00 L6 Asphalt Concrete(ARAM) 488 TON $215.00 $104,920.00 . 7 Asphalt Concrete(HMA) 406 TON $250.00 $101,500.00 j 8 CMB or Class 11 Base 300 CY $150.00 $45,000.00 9 I Cold Milling(2"Max) 23,270 SF $3.OD 4 ' $69,810.00 Curb and Gutter per C.S.A.Std, 1101, 10 I A-2-6 690 LF $100.00 $69,000.00 Curb,Type A-2-6(Modified)per Sheet 11 i DA-02 60 LF $100.00 $6,000.00 6'Wide Bike Lane(Modified Type A-2- 12 I 8 Curb)Per Sheet DA-02 310 SF $100.00 $31,000.00 I Curb and Gutter per SPPWC Std.120-3, 13 A3_6 1,080 LF $59.00_ $54,000.00 14 PCC Sidewalk per C,S.A.Std. 1104 690 SF $25.00 $17,250.00 Fire Access Path,8"PCC Over -'- 15 Compacted Subgrade,Transition 307 SF $ $ Adjacent Curbs to 3"High 30,00 9,210.00 IG Curb Ramp per Caltrans Std.A88A, 64� SF $ $ CaseA 50.00 32,000.00 P-1 of P-20 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 23-6627 ROUSSELLE STREET FLOOD PROTECTION PROJECT Item Description Qty Unit Unit Price Amount 17 Modified Curb Ramp par SPPWC Std. 111-5,Case A Type 6 140 SF $100.00 $14,000.00 IS Curb Ramp per Caltrans Std.A88A, 140 Sp $100.00 $14 000.00 Case _ 19 Adjust Water Valve Frame and Cover to Grade per G.5.A.Std.14a0 9 EA $2,00m $18,000.00 20 Adjust Manhole Frame and Cover to Grade per C.S.A.Sul.1201 5 EA $2,000.00 $10,000.00 21 interpretive Signage Per Detail G on Sheet QD-01 1 BA $5,000.00 $5,000.00 22 Drought-Tolerant Landscape-Buffer 1 LS $20,000.00 $20,000,00 23 Construction Information Sign 1 EA $10,000,00 $10,000.00 Project Acknowledgement Sign(Prop 'I 24 68Grant) ]. EA $10,000,00 $10,000.00 8'W x 7'II RCB per Caitrans SW. 25 D83A and D833 with Earthwork per 1,295 LF $ Caltrans Std.A62G 1,700,00 2,201,500,00 10'W x 6'13 RCB per Caltrans SW. 26 D83A and D83B with Earthwork per 50 LF $ $ Caltrans Std.A62G 2,600.00 130,000.00 27 5"C'ransition Structure Single RCB to Single RCB per SPPWC Std.343-2 2 EA $10,000.00 $20,000.00 5'Transition Structure Single RCB to 28 Single RCP per SPPWC Std.342.2 I EA $60,000.00 $60,000,00 Weir,2'high,per Detail I on Sheet QD- 29 02 I LS $10,000,00 $10,000,00 30 Manhole per SPPWC Std.323-2 _ Without Reducer 5 EA $20,000.00 $100,000.00 31 Junction Structure per SPPWC Std.334- 2,Case 2 3 EA $12,000.00 $36,000.00 32 18"RCP and Bedding per C.S.A.Std. 1150 5 LF $50D.00 2,500,00 _! 33 24"RCP and Bedding per C.S.A.Std. U 1350 S LE $600,00 $48,000.00 34 Local Depression per C.S.A.Std.305 2 BA $1,000.00 $2,000.00 Catch Basin per SPPWC Std.300.4 2 EA $20,000.00 $40,000.00 35 with CPS Unit and Stenciling 36 Monolithic Catch Basin Connection per • SPPWC Std.308-3 l EA $20,000.00 $20,000.00 37 6,5'x 4'Contech Filterra or Approved Equal 2 BA $10,000.00 $20,000.00 16'x 8' Canted'Fifteenor Approved 38 Equal _ 1 BA $50,000.00 S50,000,00 39 6"PVC Pipe,Appurtenances,and Bedding per C.S.A.SW. t 150 65 LB $200.00 $13,000.00 P-2 of P-20 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 23-6627 ROUSSLI.I.F. STREET FLOOD PROTECTION TION PROJECT Item Description Qty Unit Unit Price Amount 8"Class 350 Ductile Iron 11 titer Main 40 Vertical OtTsct Per C.S.A.Std. I41 3A So LE S S 'tiitlt Adapters per C.S.A.Sid. 1-443 600.00 48,000.00 Signing and Striping(Includes Removal 41 or Existing Striping;Pavement 1 LS S S Nlarhinus) 20,000.00 20.000.00 42 Additional Potholing(As-Needed)" L:A 55,000.00 y 25,000.00 43 Tree Removal and Replacement(As- 7 EA S S Needed) 5,000.00 35,000.00 -I-I Root Shaving(As-Needed)'` 15 EA S 700.00 S 10,500.00 45 90-flay Landscape Establishment I LS S 8,000.00 S 8,000.00 46 Construction Permit I I.S S 17.669 S 17.669 Bid Alternates l f f 47 Add-Alt Landscaping I I.S S $ 55,000.00 55,000.00 TOTAL BASE BID S4 058,259.00 TOTAL ADD ALTERNATE BID S4,113,259.00 L.. The lowest responsible bidder shall he selected based on the total base bid. The C itv reserves the right to award the [3ase Bid, and an). all, or none of the add-alternate hid items(il'any), 4' The quantity for this bid item is shown l n- bid comparison on!). This hid item shall not be subject to the"25%"limit as stated in Section 7-3.5 of the Standard Specifications. The actual amount Ibr 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 hid 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 hereh) proposes to complete the Work Ibr the total base bid amount shown above.within 200 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 lon4g-lead time items (i.e. Reinforced Concrete Box storm drain. Filterra Units. etc.) in accordance with grant funding requirements. Work shall be completed b) December 31. 2025. Refer to the Grant Agreement included in Appendix K. The liquidated damages amount. in Iieu ol'the amount specified in Subsection 6-9 of the Standard Specifications.shall be S3.75U per calendar clay. P-3 nif P-20 CITY OF SANTA ANA PROPOSAL PROJECTNO.:23-6627 ROUSSELLE STREET FLOOD PROTECTION PROJECT Name of Firm MIKE BUBALO CONSTRUCTION CO., INC. Signature of BIDDER 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 Scram, President, Manager Jason Bubalo, Secretary,Treasurer P-4 of P-20 �"1 MIKEBUB-01 ASHUNN AC-CPRO CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 2/5/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License#0M63276 CONTACT NAME: Gallant Risk and Insurance Services,LLC PHONE FAX No 368-0707 4160 Temescal Canyon Rd.Suite 214 (ANC,No,Ext):(951)368-0700 I ( ):(951) Corona,CA 92883 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIL# INSURER A:Hartford Fire Insurance Company 19682 INSURED INSURER a:Trumbull Insurance Company 27120 Mike Bubalo Construction Co.,Inc. INSURER C:Hartford Casualty Insurance Company 29424 5102 Gayhurst Ave. INSURER D:Sentinel Insurance Company, Ltd 11000 Baldwin Park,CA 91706 INSURER E:Indian Harbor Insurance Company 36940 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADOL SUBR POLICY NUMBER POLICY EFF POLICY EXP LTR .NSD WVD (MM/DDIYYYYI (MM/DD/YYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 CLAIMS-MADE X OCCUR X X 72UEABK2UA8 1/1/2025 1/1/2026 PREMISES((Enolccurrrence) $ 300,000 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X PEOOT- LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ B AUTOMOBILE LIABILITY (Ea aBINEDf SINGLE LIMIT $ 1,000,000 X ANY AUTO X X 72UEACM5971 1/1/2025 1/1/2026 BODILYINJURY(Perperson) $ OWNED SCHEDULED - _ AUTOS ONLY _ AUTOS BODILY INJURY(Per accidentL$ — X HIRED X NON-OWNED PROPERTY DAMAGE AUTOS ONLY _ AUTOS ONLY (Per accident) $ S C X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 8,000,000 EXCESS LIAB CLAIMS-MADE X x 72HHABK2UF7 1/1/2025 1/1/2026 AGGREGATE $ 8,000,000 DED X RETENTION$ 10,000 $ D WORKERS COMPENSATION X MUTE EMPLOYERS'LIABILITY �,/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE X 72WEABB8AXT 1/1/2025 11112026 E.L.EACH ACCIDENT S 1,000,000 OFFICER/MEMBER EXCLUDED? Y N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1'000'000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ E Professional E&O PEC001304022 1/1/2025 1/1/2026 Each Claim/Aggre 5,000,000 E Pollution Liab PEC001304022 1/1/2025 1/1/2026 Each Claim/Aggre 5,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) PROJECT NO.:23-6627 ROUSSELLE STREET FLOOD PROTECTION PROJECT City of Santa Ana,its City Council,officers,officials,employees,agents,and volunteers are included as Additional Insured with regards to General Liability and Auto Liability,with coverage on a primary and non-contributory basis.Waivers of Subrogation apply in favor of additional insured with regards to General Liability and Auto Liability and Workers Compensation. APPROVED By Tu Tran Nguyen at 11:31 am,Feb 05,2025 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza M-22 Santa Ana,CA 92701 Tii Tran DI9ItarlyN by yuy.n Attn:Public Works Agency AUTHORIZED REPRESENTATIVE Nguyen Date:202S.o".os I riI4/G1 G ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD