Item 17 - Award a Construction Contract to All American Asphalt for the Construction of the Raitt Street Improvements Project (Project Nos. 23-6998, 19-6947, 26-6716)

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(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; (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 ANA JENNIFER L. HALL ALVARO NUNEZ City Clerk City Manager APPROVED AS TO FORM: SONIA R. CARVALHO CONTRACTOR: City Attorney All American Asphalt I�V E NELLESEN BY: Edwa J Carlson Assistant City Attorney TITLE: Vice President RECOMMENDED FOR APPROVAL: ig'1,11,signed 1,1,1,11,Rosas Rodolfo Rosas DN�n-Rodol(oRosas D org,c—US Date:2026.05 04 13 02 56-07'00' RODOLFO ROSAS, P.E. Acting Executive Director Public Works Agency Page 3 of 3