HomeMy WebLinkAboutKALBAN, INC. (ALLEY IMPROVEMENTS PROGRAM)INSURANCE ON FILE
WORK MAY PROCEED
UNTIL INSURANCE EXPIRES
CITY CLERK
DATE. JAN 17 2024
CITY OF SANTA ANA
CONSTRUCTION CONTRACT
PROJECT 19-6910, 22-6910, AND 23-6910
ALLEY IMPROVEMENTS PROGRAM
This CONSTRUCTION CONTRACT is made and entered into this 29'b day of August, 2023 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 Kalban, Inc.
(hereinafter "CONTRACTOR").
WITNESSETH:
The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows:
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 Alley Improvements Program (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 Thirty -Seven Thousand Eight
Hundred and No Cents ($3,037,800.00), 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.
rev. 03/08/2023
Pagel 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
IMPROVEMENT as more fully described in the CWA. The CWA may be found on the City's website
at: htip://www.santa-ana.orgipwa/documents/CWA.p
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
(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:
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
Lo
M
JOSE MONTOYA
Assistant City Attorney
FOR APPROVAL:
V\ 4.f,
NBIL SABA, PE
xecutive Director
Public Works Agency
CITY OF SANTA ANA
Tom Hatch
Interim City Manager
CONTRACTOR:
Kalban, Inc.
AME:� t�piy (Ga✓� �Q,
TITLE:
Page 3 of 3
CITY OF SANTA ANA EXHIBIT A
PROPOSAL
PROJECT NOs.: 19-6910, 22-6910,AND 23-69 10
ALLEY IMPROVEMENTS PROGRAM
BID PROPOSAL
TO: CITY COUNCII, OF THE CITY OF SANTA ANA
FROM: T�x
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 TQty —
Unit Unit Price Amount
1 Unclassified Excavation* 4,400 CY $ $ t J
2 PCC Alley(T=8")with(3-Day) 4,000 CY $
3 Crushed Miscellaneo02
us Base 50 Cy t
(CMB)* c $
4 PCC Alley Apron(T=8")with(3- 3,500 SF $ $
Day)Cure* �— t
5 AspYa*t Concrete Slot Patch for 100 TON $ $ -
Alleys*
6 Furnish and Install 1/2"Thick by 16" 550 LF $ >r� $
Wide Polyfoam* - t'
7 Signing&Striping* 1 LS $ $
000.�m
8 Adjust Sewer Manhole Frame& 8 EA $ / P $
Cover to Finished Grade* l E ' 7
9 Adjust Sewer Clean Out Frame& 1 EA $ a`, $
Cover to Finished Grade* ) �
10 Adjust Survey Monument Frame and 6 EA $
$
Cover to Finished Grade* ' }
11 Remove and Install New Pullbox to 4 EA $ � )tI $ sty
Finished Grade* p
12 Project Advertisement Sign 2 EA $ ., �. $
13 Construction Permit 1 LS $ 7,300 $ 7,300
P-1 of P-16
CITY OF SANTA ANA
PROPOSAL
PROJECT NOs.: 19-6910, 22-6910, AND 23-6910
ALLEY IMPROVEMENTS PROGRAM
TOTAL BASE BID $ 'j
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 3-2 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.
This bid 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 hereby proposes to complete the Work for the total base bid amount
shown above, within number (60) 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 $8,500 per calendar day.
Name of Firm a (,,.,r Z
a C
Signature of BIDDER*k�A���������
Title Vt'ce Ptrs"44 0'- 4�!.4r-rin.C"C
(If an individual, so state. If a firm or co-partnership, state the finn name and give the names of
all individual co-partners composing the finn. If a corporation, state legal name of corporation,
and names of President, Secretary, Treasurer and Manager, thereof.)
P-2 of P-16
CITY OF SANTA ANA
PROPOSAL
PROJECT NOs.: 19-6910, 22-6910, AND 23-6910
ALLEY IMPROVEMENTS PROGRAM
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 in 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 fiends, 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
4��e����
Title Vi'te
(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.)
P-1 of P-16
Mai, Dann
From: City of Santa Ana <certificate-request@ctrax.jdidata.com>
Sent: Tuesday, December 19, 2023 2:31 PM
To: ConstructionContracts; dmedina@unitedagencies.com; matt@kalbaninc.com; Martinez,
Miguel
Subject: Internal Notice of Compliance
NOTICE OF COMPLIANCE
CITY STAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL
Contractor
Kalban, Inc.
Name:
Project
19-6910, 22-6910, 23-6910
Number:
Project
Alley Improvements Program
Name:
The Certificate of Insurance (COI) submitted indicates that the coverages are in compliance with the
insurance requirements. No further action is required at this time.
The compliant coverage(s) are:
TYPE OF INSURANCE POLICY
NUMBER
AUTOMOBILE LIABILITY 6043409449
GENERAL LIABILITY 6043409435
WORKERS COMPENSATION AND EMPLOYERS' SWC01385301
LIABILITY
Thank you,
City of Santa Ana
Risk Management Division
in partnership with
1
EXPIRATION C01 DATE
DATE
12/01/2024 12/01/2023
12/01/2024 12/01/2023
04/05/2024 09/01/2023
FILE NAME
Kalban Inc -City of Santa
Ana Issued 12-01-
2023.pdf
Kalban Inc -City of Santa
Ana Issued 12-01-
2023.pdf
_C01_Ka I ba n_23-
6910_GL_AL_WC_Exp_12-
01-23.pdf
CITY OF SANTA ANA
}
PUBLIC WORKS AGENCY
','it rR_
CONTRACT CHANGE ORDER
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Project Number Project No. 23.6910 Alloy Improvements Program Change Order Number 1
To Kalban, 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
spodtcatons 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. To compensate the contractor for the difference In price from 3,250 psi to 5,000 psi concrete
per PCO#01 dated October 26, 2023.
Agreed Price = $38,205.0Q
2. To compensate the contractor for the mobilization of construction equipment and materials
to Alley#9 per PCO#10 dated November R, 2023,
Agreed Price = $8,000.00
TOTAL AGREED PRICE=$46,205.00
•
Page 1 of 2
CITY OF SANTA ANA
it PUBLIC WORKS AGENCY
" ` 'vb CONTRACT CHANGE ORDER
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Project Number Project No. 23-6910 Alley Improvements Program Change Order Number 1
To Kalban, 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 $ $46,205.00
By reason of this order the CONTRACT TIME completion will be adjusted as follows: Zero(0)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 7 —31 Z Contractor Kalban, INC.
B Title
te/A1/2,dCA-i--
Approval recommended by r. f y Date pj j Le I ZL�
el FUELIC WORKS AGENCY EXECUT VE DI EC R
{P }Yyd.1 t Date 7�`��l
CITY r� ti
ennifer L. 14.II Page 2 of 2
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