HomeMy WebLinkAboutHARDY & HARPER, INC. (CIVIC CENTER REHABILITATION FROM BRISTOL TO SHELTON) INSURANCE NOT ON FIDE
WORK MAY NOT PROCEED
CITY CLERK
DATE: MAY 0 7 2026 CITY OF SANTA ANA
Qwa t a3 CONSTRUCTION CONTRACT
Kyei MArtmeztozl PROJECT 25-6711 I
CIVIC CENTER REHABILITATION FROM BRISTOL TO SHELTON
This CONSTRUCTION CONTRACT is made and entered into this 13th day of April, 2026 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 Hardy&Harper,Inc.
(Thereinafter"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, Civic Center Rehabilitation from Bristol to Shelton (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 Hundred Thousand Dollars and No Cents
($400,000.00),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 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.09101/2017 Page 1 of 3
4. CONTRACTOR agrees to complete the WORT{ 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 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 maybe found on the City's website
at: hqR://www.santa-ana.erg/i)wa/documents/CWApdf
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(l 0%)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 S NTA ANA
I17--i A f
NNIFE H LL ALVARO NUNEZ
City Cie r City Manager
APPROVED AS TO FORM:
SONIA R. CARVALHO CONTRACTOR:
City Attorney Hardy&Harper, Inc.
By:
KyleXellesen BY ichael Amundson
Assistant City Attorney TITLE: Vice President
RFCOMM DED FOR APPROVAL_
t ° 0
Acting Executive Director
Public Works Agency
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