HomeMy WebLinkAboutHORIZONS CONSTRUCTION COMPANY INTERNATIONAL, INC. (SANTA ANA ZOO - WALKWAY IMPROVEMENTS - PHASE 1) !i`SUkY NCE NOT ON FILE
WORK MAY NOT PROCEED
CITY CLERK CITY OF SANTA ANA
DATE: APR 2' 6 2025 CONSTRUCTION CONTRACT AGREEMENT
PROJECT 22-2764
SANTA ANA ZOO—WALKWAY IMPROVEMENTS PROJECT—PHASE 1
,y p1m91 '� This CONSTRUCTION CONTRACT is made and entered into this 19" 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
Horizons Construction Company International, Inc. (hereinafter"CONTRACTOR").
WITNESSETH:
The CITY and the CONTRACTOR, for the consideration hereinafter named,mutually agree as follows:
I. 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 Zoo —Walkway Improvements Project—Phase 1
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 Hundred Eighty-Eight Thousand
Seven Hundred Forty Dollars and No Cents ($388,740.00), 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.
rev.08/01/2023 Page I of 3
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
1MPROVEN ENT as more fully described in the CWA. The CWA may be found on the City's
website at:https://www.santa-ana.orWdocuments/community-workforce-agreement/community-
workforce-agreement-12 20 2023/
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 shJ,Ln-ot b�c4me_effecti-ve-mtil-suchbonds-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;
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(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.
IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and
year first above written.
ATTEST: CITY OF SANTA AN
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I•)P (ram /®N.G•�
E HA- — - AL-V-ARO NUf3 EZ
City Cle City Manager
APPROVED AS TO FORM:
SONIA R.CARVALHO CONTRACTOR:
City Attorney Horizons Cons Company
By:
K,, a Nellesen N : �4�ylfttn ��pt�G
Assistant City Attorney TITLE: v,t ,reb'l dev\� ck v�j
RECOMMENDED FOR APPROVAL:
SIS741k
/2 ABIL SABA,PE
l/ Executive Director
Public Works Agency
Page 3 of 3
EXHIBIT A
CITY OF SANTA ANA
PROPOSAL REBID#2
PROJECT NO.:22-2764—PHASE I
SANTA ANA ZOO— WALKWAY IMPROVEMENTS PROJECT
BID PROPOSAL
TO:. CITY COUNCIL OF THE CITY OF SANTA ANA
FROM: Horizons Construction Company Int'I 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
I --CONSTRUM ION FENCING AND I LS $30,000.00 $30,000.00
PEDESTRIAN TRAFFIC CONTROL
2 DEMOLISH EXISTING HARDSCAPE/UNCLASSIFIED EXCAVATION 7500 SF $ 8.05 $ 60,375.00
T
CONCRETE PAVING -DAVIS
MESA BLUFF,BRICKFORM 7,300 SF $21.00 $ 153,300.00
ETCH TOP SURFACE RETARDERHITE-OR APPROVED EQUAL
4 REMOVE MEMORIAL MONKEY STATUE 1 AND RETURN TO OWNER LS $2,070.00 $2,070.00
5 ELECTRICAL CONDUIT AND SLEEVING INCLUDING PULL BOXES 1 LS $29,100.00 $29,100.00
6 GRADING AND DRAINAGE ] LS $86,679.00 $ 86,679.00
7 LANDSCAPE AND IRRIGATION ALLOWANCE 1 LS ALLOWANCE $20,000.00
8 CONSTRUCTION PERMIT 1 LS $5,216.00 $5,216.00
P-1 of P-18
CITY OF SANTA ANA
PROPOSAL REBID#2
PROJECT NO.:22-2764—PHASE 1
SANTA ANA ZOO— WALKWAY IMPROVEMENTS PROJECT
Item Description Qty Unit Unit Price
Amount
9 PROJECT ADVERTISEMENT SIGN 1 EA $2,000.00 $2,000.00
TOTAL BASE BID(PHASE 1) $388,740.00
ADDITIVIE ALTERNATE ITEMS
Item Description Qty Unit Unit Price Amount
PHASE 1-NEW POLE LIGHTS WITH
ADD FIXTURES AND CONCRETE BASES AND
ALT#] FOOTINGS,ELECTRICAL WIRING,
CIRCUITS,AND CONNECTION TO I LS $ 114,320.00 $114,320.00
EXISTING.
ADD
ALT#2 DECORATIVE PAVEMENT ETCHINGS 1 LS $42,600.00 $42,600.00
ADD NEW STEEL BENCHES
— - — -ALT'#� — — --� ---EA -&4;620:00- $9,,240:00-. -
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 listed.
TIME FOR COMPLETION OF IMPROVEMENTS AND LI UIDATED DAMAGES
The undersigned bidder hereby proposes to complete the Work for the total base bid and all
alternate amounts as shown above,within (50)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.Light Pole Fixtures).
The liquidated damages amount,in lieu of the amount specified in Subsection 6-9 of the Standard
Specifications,shall be$1,200.00 per calendar day.
Name of Firm Horizons Construction Company Int"I Inc.
Signature of BIDDER
Title Vice President ��,�
(If an individual,so state. If a firm or co-partners lip,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.)
T brG,h'irn, resldenf
P-2 ofP-18
CITY OF SANTA ANA
AO 7.4
i 1 PUBLIC WORKS AGENCY
CONTRACT CHANGE ORDER
IF o
Project Number Project No. 22-2764 Santa Ana Zoo—Walkway Improvements Change Order Number 1
Project—Phase 1
To Horizons Construction Company International, Inc. Contractor
You are hereby directed to make the herein changes from the plans and specifications or do the following described work not included in the plans and
specifications on this contract.
NOTE:THIS CHANGE ORDER IS NOT EFFECTIVE UNTIL APPROVED BY THE CITY COUNCIL OR CITY MANAGER.
Unless otherwise stated,rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time.
Change requested by PUBLIC WORKS AGENCY
EXTRA WORK AT AGREED PRICE
1. For additional fees related to the labor compliance contract for this project per PCO#1 dated
September 15, 2025.
AGREED PRICE=$3,009.45
2. For an additional 200 square-foot concrete pathway connecting the mosaic concrete
roundabout to the Explorer's Outpost, and to bypass the corresponding underground
electrical conduit powering nearby ground light fixtures per PCO #2 and PCO #4 dated
September 15, 2025 and September 25, 2025 respectively.
AGREED PRICE=$15,598.29
TOTAL AGREED PRICE_$18,607.74
Page 1 of 2
1. :'1,'
T CITY OF SANTA ANA
' PUBLIC WORKS AGENCY
CONTRACT CHANGE ORDER
it /F s.
OB
Project Number Project No. 22-2764 Santa Ana Zoo—Walkway Improvements Change Order Number 1
Project—Phase 1
To Horizons Construction Company International, Inc. Contractor
You are hereby directed to make the herein changes from the plans and specifications or do the following described work not included in the plans and
specifications on this contract.
NOTE:THIS CHANGE ORDER IS NOT EFFECTIVE UNTIL APPROVED BY THE CITY COUNCIL OR CITY MANAGER.
Unless otherwise stated,rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time.
Change requested by PUBLIC WORKS AGENCY
The compensation both time and cost set forth in this change order comprises the total compensation due the
Contractor, all Subcontractors, and all Suppliers for all work performed per this change order, including impact
on unchanged work. By signing this change order, the Contractor acknowledges and agrees on behalf of
himself, all Subcontractors, and all Suppliers, that the stipulated compensation includes payment for all work
contained in this change order, plus all payment for interruption of schedules, extended field overhead, home
office overhead, profit, delay, and all impact, ripple effect or cumulative impact on all other work under this
Contract. The signing of this change order constitutes full mutual accord and satisfaction for all changes and
work performed on this project, and that the time and cost paid per this change order constitutes the total
equitable adjustments owed the Contractor, all Subcontractors, and all Suppliers for all work performed on
this project. The Contractor on behalf of himself, all Subcontractors, and all Suppliers agrees to waive all
rights, without exception or reservation of any whatsoever to file any further claim related to this project.
TOTAL COST THIS CHANGE ORDER: DECREASE $ INCREASE $ 18,607.74
By reason of this order the CONTRACT TIME completion will be adjusted as follows: Six(6)Working Days
We the undersigned contractor have given careful consideration to the change proposed and hereby agree,if this proposal is approved,that we will provide
all equipment,furnish all materials,except as may otherwise be noted above,and perform all service necessary for the work above specified,and will accept
as full payment therefor the prices shown above.
Accepted,Date 09/25/2025 Contractor Horizons Construction Company International, Inc.
By Title
Project Manager
Approval recommended by Date Ad/7ZS
LIC W GENCY EXEC E DIRECTOR
Approved by Date 16(15(7-10-ar---
CITY MANAGER
1
_ �. _• c�
Attest: �jr` _;, , Date
TYCLERK •
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