Loading...
HomeMy WebLinkAboutALL CITIES ENGINEERING, INC.tiaSURANCE ON FILE �a1 WORK MAY NSURAN PROCEED UNEEXPIRM N-2021-122 88.1�11 CLERK OF COUNCIL DATE: L oLICENSE AGREEMENT p�. PWR (N�IthNet Yi'11�(I' 13 This LICENSE AGREEMENT ("Agreement") is dated as of April 20, 2021, and entered into by and between the CITY OF SANTA ANA, a charter city and municipal corporation existing under the Constitution and laws of the State of California ("City'), and ALL CITIES ENGINEERING, INC. ("Licensee"). RECITALS A. The City is the owner of that certain real property located in the City of Santa Ana, County of Orange, California, more specifically identified as the southwest comer of N. Grand Avenue and E. 31 Street (APN 394-453-06), as depicted on Exhibit A ("License Area"). B. Licensee desires to use the License Area for purposes of storing vehicles, materials, and other construction equipment and stockpile during the License period ("Permitted Uses"). C. The City has agreed to grant Licensee a license to use the License Area, on the terms and conditions set forth in this Agreement. NOW THEREFORE, for and in consideration of the mutual covenants and agreements herein contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. License. The City hereby grants to Licensee a nonexclusive license for the right to enter and use the License Area beginning on May 1, 2021 for the Permitted Uses described in Recital B, upon the terms and conditions set forth herein ("License"), subject to Licensee's performance of all of its obligations under this Agreement. This License shall remain in effect until September 30, 2021, unless extended in writing by the Executive Director of the Public Works Agency, or his or her designee. The License may be terminated by City upon thirty (30) days written notice. This Agreement is intended and shall be construed only as a revocable license to use the License Area and not as a lease or grant of any possessory or other interest. 2. Restoration and Clean Up. At its sole cost, Licensee shall, after use of the License Area, restore the License Area to its original condition in which it existed immediately prior to the Agreement, leave the License Area in a neat and clean condition to the sole satisfaction of the City, free of trash and debris, and remove all property and materials of Licensee. Licensee shall cause the License Area to be cleaned, with such work to be completed no later than the times specified in the License as stated in paragraph 1 above, and the License shall be extended to such time for the limited purpose of allowing the cleaning work to be completed. 3. Compliance with Laws. Licensee shall cause all activities of Licensee under this Agreement and all activities on the License Area to be performed in compliance with all applicable federal, state, and local laws, ordinances, and regulations, and permits. 4. Licensee shall include, implement, and maintain but not be limited to the following Best Management Practices (BMPs) at the License Area: a) Waste management and Materials Pollution Control BMPs shall be implemented to prevent the contamination of stormwater by construction wastes and materials. b) Tracking control (TC) BMPs to control off -site sediment tracking shall be implemented and maintained. Page 1 of 4 c) Sediment control (SE) BMPs shall be implemented at all locations along the site perimeter, at all operational storm drain inlets and at all non -active slopes, as appropriate. d) Pollution prevention practices shall be implemented. e) Non-stormwater management measures to prevent illicit discharges and control stormwater pollution sources. f) Erosion Control BMPs shall be implemented, as appropriate. g) Wind erosion control BMPs (dust control) shall be implemented, as appropriate. li) Non-stormwater BMPs shall be implemented to reduce or prevent the contamination of stormwater from construction activities. For specific guidance reference, reference the Construction Runoff Guidance Manual (Orange County Stormwater Program, December 2012) [littps://media.ocgov.com/gov/pw/watersheds/documents/bmp/constructionactivities.asp] or the California Stormwater Quality Association (CASQA) Stormwater BMP Handbook for Construction. 5. Damage. In the event that Licensee damages any portion of the License Area or the improvements or equipment therein, Licensee shall immediately repair the damage at Licensee's sole cost. Alternatively, the City may, at its election, repair the damage in which case Licensee shall reimburse the City for its cost within fifteen (15) days of receipt of written demand from City. 6. Licensee Parties. Licensee, together with its employees, subcontractors, agents, representatives, and all persons entering the License Area, by or through or at the direction of Licensee, are collectively referred to herein as the "Licensee Parties." Licensee shall be responsible for the Licensee Parties and shall cause the Licensee Parties to comply with the terms of this Agreement. 7. Fee. As consideration for this Agreement, Licensee shall pay City a total license fee of $13,986. Licensee shall pay this amount upon full execution of this Agreement. Licensee shall pay the monthly fee of $2,797.20, as pro -rated if applicable, for any extension of the Agreement pursuant to Section 1. 8. AS -IS Condition. City makes no representation or warranty of any kind as to the condition of the License Area or any other matter relating to Licensee's use of the License Area. Licensee hereby disclaims and waives any and all objections to the physical and other characteristics and conditions of the License Area. Licensee acknowledges and agrees that the use of the License Area will be on the basis of Licensee's own investigation of the condition of the License Area. The license to use the License Area shall be granted on an "AS -IS," "WITH ALL FAULTS" basis, without representation or warranty expressed or implied by City, or by operation of law. City expressly disclaims, which Licensee hereby acknowledges and accepts, any implied warranty of condition or fitness for a particular purpose or use. Licensee's use of the License Area shall be subject to the License Area being in a usable and safe condition at the time of Licensee's use and Licensee shall be responsible for determining whether the License Area is in such condition. In connection therewith, in the event that the License Area or access thereto is damaged or obstructed or the use by Licensee is otherwise impaired, prevented or limited, City shall have no obligation or duty to repair the damage or rectify the condition to make the License Area usable or safe. 9. Insurance. Licensee shall secure or cause its agents or contractors performing any entry onto the License Area to secure, prior to commencing any activities under this Agreement, and maintain or cause to be maintained during the term of this Agreement, insurance coverage as follows: a. Commercial General Liability Insurance. Licensee shall maintain commercial general liability insurance which shall include, but not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Licensee Parties use of the License Area, including, without limitation, acts Page 2 of 4 involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence and $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Worker's Compensation Insurance as required by California law. C. Comprehensive Automobile Liability Coverage, including as applicable owned, non - owned, and hired autos, in an amount of not less than $1,000,000 per occurrence, combined single limit, written in an occurrence form. 10. Indemnity. Licensee shall indemnify, defend, and hold harmless City, and its respective agents, representatives, employees, subsidiaries and affiliates ("Covered Parties") from and against any and all actions, suits, claims, demands, judgments, losses, expenses, or liabilities, injuries and damages to persons and property, including death, arising out of or related to Licensee's use of the License Area, the entry by any Licensee Party on the License Area or surrounding property, or Licensee's breach or default in the performance of any of its obligations under this Agreement; provided, however, that Licensee will not be obligated to indemnify the Covered Parties from any claims arising solely from the gross negligence or willful misconduct of a Covered Party. If any action or proceeding is brought against any Covered Party by reason of any such claim, Licensee, upon receipt of written notice from Covered Party, shall defend the same at Licensee's expense with legal counsel reasonably acceptable to Covered Party. Payment shall not be a condition precedent to recovery under any indemnification in this Agreement, and a finding of liability or an obligation to indemnify shall not be a condition precedent to the duty to defend. The provisions of this Section 10 shall survive the termination or expiration of this Agreement. it. Miscellaneous. 11.1 Entire Agreement, Waiver and Amendments. This Agreement incorporates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations and previous agreements between the parties with respect to the subject matter of this Agreement. All waivers of the provisions of this Agreement must be in writing and signed by the appropriate authorities of the party to be charged. Any amendment or modification to this Agreement must be in writing and executed by the appropriate authorities of the City and Licensee. 11.2 Severability. If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of the Agreement shall continue in full force and effect, unless and to the extent the rights and obligations of one or both parties has been materially altered or abridged by such holding. 11.3 No Assignment. Licensee shall not assign or transfer or otherwise convey any interest in this Agreement to any party without the express prior written consent of City, which consent may be withheld in City's sole and absolute discretion. 11.4 Applicable Law. This Agreement shall be construed and enforced in accordance with the internal laws of the State of California. 11.5 Litigation Expenses. If either party to this Agreement commences an action against the other party to this Agreement arising out of or in connection with this Agreement, the prevailing Page 3 of 4 N-2021-122 party shall be entitled to recover reasonable attorneys' fees, expert witness fees, costs of investigation, and costs of suit from the losing party. 11.6 Authority. The persons executing this Agreement on behalf of the parties hereto represent and warrant to the other party that they are duly authorized to execute and deliver this Agreement on behalf of such party, and by so executing this Agreement, said party is formally bound to the provisions of this Agreement. 11.7 Notices. Any notices, requests, or approvals given under this Agreement from one party to another shall be in writing and shall be personally delivered or deposited with the United States Postal Service for mailing, postage prepaid, by certified mail, return receipt requested, to the addresses of the other party as stated in this section, and shall be deemed to have been received at the time of personal delivery or three (3) days after the deposit for mailing. Notices shall be sent to: If to Licensor: All Cities Engineering, Inc. Attn: Apolonio Ramirez 5881 Snowgrass Trail Jurupa Valley, CA 92509 If to City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 11.8 Execution in Counterpart. This Agreement may be executed in several counterparts, and all so executed shall constitute one agreement binding on both of the parties hereto, notwithstanding that both parties are not signatories to the original or the same counterpart. IN WITNESS WHEREOF, City and Licensee have entered into this Agreement as of the day and year first written above. CITY OF SANTA ANA ATTEST �w v 4% Kristine Ridge City Manager APPROVED AS TO FORM Sonia R. Carvalho City Attorney em. T.w.-LFunk �enior Assistant City Attorney FOR APPROVAL Nabil Saba Executive Director Public Works Agency Clerk of the Council LICENSEE By: Its: Project Manager Page 4 of 4 EXHIBIT A SANTA ANA PROPOSED CONTRACTOR LICENSE LOCATION AREA9,990 SF PAGE 1 OF 1 Francine R. Digitally signed by Francine R. Villareal Villareal Date: 21121.04.07 11ANI -0700' All ORO® CERTIFICATE OF LIABILITY INSURANCE la.� DATE IMWDD/YYYYI 1 03/18/2021 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). PaooucER ISU Insurance Services Cormarc Tasman 25220 Hancock Ave, Suite 230 Murrieta, CA 92562 CONTACT NAME: Kelvin Waniwan PHONE (951)290-5040 FAX Ne: (951)278-0664 E-MAIL ADDRESS: kelvin@isucormarc.com INSURER(S) AFFORDING COVERAGE NAIC4 License #: OE63467 INSURERA: Evanston Insurance Company 35378 INSURED INSURER B: United Financal Casualty Co. 11770 ALL CITIES ENGINEERING,INC INSURER C: State Compensation Insurance Fund 35076 PO BOX 51405 INSURER IS: Ohio Security Insurance Co 24082 BILLINGS, MT 59105 INSURE: ER INSURER F: COVERAGES CERTIFICATE NUMBER: 00000975-3200135 REVISION NUMBER: 83 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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 LTR TYPE OF INSURANCE ADDLSUBR POLICYNUMBER PODGY EFF MMIDD POLICY UP MwDDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE %( OCCUR y MKLV5PBC002885 02/1212021 02/12/2022 EACH OCCURRENCE $ 1 000000 DA AGE REN D PREMISES t —NITE noe $ 300,000 MED UP (AM one person) $ 10,000 PERSONAL$ AM INJURY $ 11000.000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY JELOC T GENERAL AGGREGATE $ 2000000 2,000,000 $ OTHER: B 06656482-2 03/2712021 03/27/2022 EOaeBBINEDSINGLELIMIT $1000000 BODILY INJURY(Par person) $ ANYAUTO PONIOBILELIABIUTY OV.NED SCHEDULEDAUTOS ONLY X AUTOSBODILY INJURY(Per loc�Jtlen[) $ HIRED NON -OWNED AUTOS ONLY X AUTOSONLV PROPERTY DAMAGE$ Per actldent A UMBRELLALIAB X OCCUR MKLVSEUL103060 07J1212021 0211212022 EACHOCCURRENCE $ 3,000,000 AGGREGATE $ 3,000,000 X EXCESS LAB CLAIM'MADE OEO I I REIENTON$ $ C MWERSCOMPENSATON AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTME YIN OFFICERIMEMBER EXCLUDES? (Maud-ii'm NH) NIA 9284998.20 10/03/2020 10/0312021 TH- it ISTATUTE ER E.L EACH ACCIDENT $ 1,000,000 E.L DISEASE -EA EMPLOYEE S 1,000,000 DESCRIPTION OF OPERATIONS balmy El- DISEASE - POLICY LIMIT $ 1,000,000 D Contractors Equipment BM069653304 08/08/2020 0810812021 Leased a Rented 75,000 Deductible 1,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) RE: 15.6446; Saint Gertrude and Grand Ave Water Main City of Santa Ana, its Officers, employees, agents and representatives are named a additional insured with respects to general liability per CG20100704/CG20370704. Insurance is Primary and Non -Contributory per CG20010413. "Except 10 day notice for non-payment of premium/30 days for all other reason. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana CITY20C THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Risk Managment Division 4th Floor ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza Santa Ana, CA 92701 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD Co .g�""""`t,.M°n°BO1M"tB1OR ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD e9: a REVIEWFDSAPPRovED BY: Printed by K% Flail is., VWA44d Risk Management Analyst ivGeW luawa6euely>,n}7 7"v7r-4 �f r"•a'y'' j �b ag®roadad4o3�� ��"� b00Z' oul 'sa!lladoid OSI OO ,loafad awes aql to lied a se led!ouud e jol suogejado 6u!wloped u! pabebue joloeiluoogns jo joloeiluoo jagloue uegl aaglo uopez!uebio jo uosiad Aue Aq asn pepualui sp of lnd uaaq seq sesue 96ewep jo tinful eql go!gm to lno „jjom JnoA„ to uo!liod legl 'Z jo !palaldwoo uaaq seq suo!leiado paJanoo eql to uogeool aql le (s)pejnsui leuopppe aql to llegaq uo jo Aq pewjolJad aq of (sj!edai jo aoueualu!ew 'aowas uegl Jaglo) loafad aql uo 'Tom Lions ql!m uo!loauuoo ui pags!wnl luawd!nbe jo shed 'sleualew 6u!pnlou! 'Tom Ifd 'b cage 6uwn000 „a6ewep Aliadwd„ jo „Ajn.lui Al!poq„ of Aldde lou soop aouejnsu! sigl :Aldde suo!snloxe leuoilippe bu!mollol eql 'spamsui leuoil!ppe asagl of papolle eouejnsui aql of loadsaj qlM 'e 40 LO U OZ SO 'anoge peleu6!sep (s)u011e001 aql le (s)paJnsul Ieuo!l!ppe aql jol suo0ejado 13wobuo jnoA to eouewjojjad aql u! 'llegaq jnoA uo 6uiloe asogl to suo!ss!wo jo sloe eql 'Z in 'suo!ss!wo Jo sloe inoA • 1 :Aq 'lied ui jo alogm u! 'pasneo „AJnfui 6u!s!�anpe pue leuosiad„ jo abewep Apadad„ '„Ajnfui Al!poq„ jol Al!l!ge!l of loadsai ql!m Aluo lnq 'elnpagog aql u! umogs (s)u0!le2iue6J0 jo (s)uosied aql painsw leuop ppe ue se apnpui of papuawe si pamsul uV sl oym — 11 uogoaS 'V -suo!lemloap aql ui umogs aq p!m 'anoge umogs lou li 'alnpagoS s!ql alaldwoo of paiinbei uogeuuolul ssol of joud suolleool pV sallied gloq Aq palnoaxe loeiluoo uapum Aq paimbei sy suogejed0 paJan0310 (s)uol;eao-1 :(s)uo!lez!ue JO JO (s)uMad painsul leuol;IppV 10 aweN 31f103HOS laVd DEWHEIAOO kil119VII WHAN39 1VIOLI3WW00 :6u!mollol aql japun papinoid aouemsui sailipow luawasiopue sigl NOI.LVZIN`dJaO HO NOSHBd a3ina3HOS - SNOIO MINOO NO S33SS3-1 `Sa3NMO - a3unSNI -Mci llaav Aiin=13WO 11 aV3U 3S`d3'Id 'A3110d 3H1 S30NVH01N3W3SUOaN3 SIHI 40 LO 01, OZ 00 A11119VI1 7IVS3N3E.i 1VIO213WW00 988Z00C)8dSAININ 'a39Wf1N AOIIOd POLICY NUMBER: MKLV5PBC002885 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organizations : Location And Description Of Completed Operations As required by written contract executed by both All locations parties prior to loss Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products - completed operations hazard". © ISO Properties, Inc., 2004 CG 20 37 07 04 n„ 8I®', RlekMougaxntDivlefrni REMWM & A TRmW er: F4M1Y�Z V&AVAt `® Risk Management Malyst �sGeuy wawa6euew a4?~ nu ani sanlNa aoue�nsu pp 7"t7d'4 ZIOZ' I' .4o s I wucsm w x £6 to Io OZ 00 pue'eauejnsui jeglo yons japun pamsul paweN a si padnsui leuollippe ay1 (I,) :leyl papinad Aollod jnoA japun painsw leuolllppe ue of algeliene eouejnsul jaylo /ue wcul uollnquluoo Maas lou Jinn pue of tiewud sl aomnsul slyl -painsul lem ppe aoueunsul tio;nglJluoauoN puV tiewlJd ayl of algellene eouejnsul jaylo Aue wal :tiealuon uollnquluoo Maas lou pinom pue tiewud ayl of uolsinad (ue sapasuadns pue uolllpuo0 aq pinom aomnsul siyl leyl luawaau6e Jo lne�luoo a ul 6ullum ul paad6e aney noA (z) eouemsul uayyo ayl of pappe sl 6ulmollol ay1 1?JVd 30Va3A00 AIII19VI1 SNOUVa3dO 0313ldmoo/s10n00Jd laVd 39VbAAOO All1I8VI11Va3N30 1VI021 MIN00 :6wmollo; ayl japun papinoud eouejnsui saglpow luawasiopue slyl N0I110N00 30N"nSNI U3H10 - ANoin8RI1N00NON ONV AUVWRld 'Alin:13NV311 OV311 3SV31d-A3110d 3H1 S3JNVH3 1N3W3S2100N3 SIHl CI to W OZ 03 A11118VII IVM3N39 IVIOa3WW00 988Z0008d9nlNW :ON A01I0d I ►/_ I : \ 1 1/ Risk Management Analyst To: Human Resources Department Michael Ortiz, Senior Civil Engineer From: Public Works Aqencv Date: March 8, 2021 Subject: Risk Management Certificate of Insurance Review PROJECT NO. 15-6446: ST GERTRUDE & GRAND WATER MAIN REPLACEMENT PROJECT The Public Works Agency's CIP Engineering Team has reviewed the scope of the project and can confirm that the contractor does not have a need to employ a licensed professional. Due to this exclusion for this project, we confirmed that Professional Liability Insurance (errors and omissions) in not required. Please feel free to contact me at (714) 615-0892 if you have any questions. mtr:�M '`�'s[ .'i%, Ln, W' 'POCE") CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT 15-6446 SAINT GERTRUDE AND GRAND AVENUE WATER MAIN REPLACEMENT This CONSTRUCTION CONTRACT is made and entered into this ITb day of November, 2020 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 All Cities Engineering, Inc. (hereinafter "CONTRACTOR"). 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 Saint Gertrude And Grand Avenue Water Main Replacement 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 Two Million Five Hundred Sixty-three Thousand Threc Hundred Fifty Dollars and Fifty Cents ($2,563,350.50), 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. m. 09/01/2017 Page I of 3 4. CONTRA agrees to complete the WORK OF 1MPRO'l+VMNT within the time specified: in the Time for Completion of improvements section of the .S11) PROPOSAL. ONblbit "A") including commencing construction within the timefratne therein spoeiiied<agerissuanee ofa Notiee'to:i'roceed. $i The COM ACTOR will pay, and will require all suboontroctorsfopay.; all employees on the WORK OF WROVENWNTa salary or wage at least equal to the prevailing salary or wage established for such work as act forth in tlte'wage determinations for this work is acoordatiice With applicable $tote and Federal law. 6. ff applicable, the CONTRACTOR shall adhore to the O"iS Community Workforce Agreement (CWA), a pre hire collective bargaining agreement, Which establishes the labor relations policies and procedures .for CON'f UCTOR to fallow in the eraits persons employed to complete the WI QU OF MVIROVEMENT as more fully described in the CWA. The CWA may be found on the City's wobslte AV. jttb,;tlwwvw,sania-ana.6r4waldocun etitsCC�VA.ridf 7CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY, one in the amount of One HundredPercent (100%) of the Contract price, to ga, arantae thefaithful potf nanoe oftha work.(Performance Bond}, and:one In the amount of One Hundred Percent (100°!o) of the Contract price to. guarantee paymant of'all claims for labor and materials thWshad (Payment 19ond). This Contract shalt not become.effective until such bonds are supplied to and approved by,the CITY. S. CONTRACTOR shall, prior to the releasc of the perform ae co and payment bonds or, the retention payment, furnlsh a warranty performance and payment boad.(WarrantyBond). Said Warranty Bond shall Aeolic required as 0-condition Of Project acceptance, forprojeats up to Five Hundred Thousand Dollars ($$00,000), the Warramyliondamount.sball.be the gteateroffTenThousand botlars ($10,000) or Twenty'Poreenf (20%) of the. final contract pike For projecKs above Five Hundred Thousand Dollam ($300,000), the ;Warranty Bond amountshall be the greater of One hundred Thousand Dollars ($ f 00,000) or Ton Percent (101/0) ofthe final contract price. :9. CONTRACTOR shall, after award of this Contract, furnish Certa0e4tes of Liability Insurance and Worker's Compensation Insurance as outlined in the Cenral Provislons, to be approved by thr:CITY, 10, INDEMNIIriCATION. To the fullest oxiont allowed by laws. CONTRACTOR and Its Subcontractors heroby ogee tea defend, indemnify, and hold harmless CITY., Its City Council,: Canards and eoinfaissions, ofiicars, agents, ,t:mployees, reprosontatives and vOtmt€ers (hereinafter collectively referred to as "lttdettutitees"}, through, legal counsel acceptable to CITY, fronfnnd against tiny liability., claims, actions, costs, damages or losses, lneiuding reasonable costs and attorney's fees, for injury, inclttdng death to any person or damage to arty property, arising.dircotly or indirectly flnm, or In any manner relating to, any orthe following: (i) performance or nonperformance of the Work of Improvement by CONTRACTO or its ,Subcontractors of any lower tier, (it) Performance or non(aerfon nance by CONTRACTOR or its Subcontractors of any tower 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 fast above written. ATTEST: AISYGOMEZ_ Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By; 14 0)0'. -f" L MiN FUNK Senior Assistant City Attorney FOR APPROVAL: NABIL SABA, PE Executive Director Public Works Agency CITY OF SANTA ANA STINE RIDGE` City Manager CONTRACTOR: All Cities Engineering, Inc. APoloAho RAAMVLQ NAME: Apolonio Ramirez TITLE: President Page 3 of 3 City ofSantaAm Patio salotGoTO deardefadAvenueWaterMolnRepjqcement(04410),blgdlnoon0dobor9,202Q2!00PM(Pa0for) PrintatlRe1110028 Bid Rosults EXHIBIT A Type .ltom.Coda S10m: .sty 'Unit Price Line Total Cosoment 20 Pralw*Pests SA 4 $L000.00 $0Amm 21 1..2^,2 tx Hot Tap �F.A t p+ y y $12,500iO4 9 yM $12,5tx1,5d 22 Abaloom Us4no WaW Service. FA 23 $t,i000o $25,200.ar 23 CETVimpeatlbtrcfSx dngSaworleistns ,LF 5800 $4A0 $23112n0oo 24 :COTV laspeetlon of.Exlsttn0 Sowar Laterals EA 38 $250.00 $9,00.0 25 Vodlsalggse(parCltyOld. Plan 1410b(As Neaded}"" 9A .5 $10;300.00 $91,504110 26 AddlliOnaiTmaehln0 Csst.t0 lnslat(Water Plpaltne 18^ • 30 Deeper (TOtal:85^ to 7a°sever) (As Needed)`" LF :200 S50.f70 310.g0.0:00 �27 Addl#ml 109moll69 (As Nesdedr $AA to $855.OQ $5,000.00 28 unclassified Excavation 0Y 2004 $50,00 $100.200,00 20 Removal.af 10' PCC Pavement Cy $34 $74,00 524 woo 3o Asphalt Canarate IN 3d$1 :$97.00 $199,917.90 31. Asphalt Rubbsrflet Mix (ARHM) TN 1000 505.00 $18t,070,00 32 Asphait Rub4erA00reeele M0mbran0 (ARAM) .. 8Y. t2547 $7.50 $54,852.50 33 !Coldwi(T41 5F 125240 $00 S37,55340 34 PCC.But, P44 OF $000 $29,50 $84,000.00 35 :POO Privew0y APpmeah (Cemmorclel T•0^) OF 0.45 $23.00 $21.735.00 131411101616, Inc, City of $onto Ana Paoe4 Saint Gertrude and Grand Avenue Water Mob koptacemont (1¢6448), biddlog on Oclobere; 2020 2:0p PM:(Paa(9d) Printed 1011=020 eid Rssults EXHIBIT Type ItamCodo Lam Qty Wnfl;N14o Line Total Comment as POP Curb d, Ga6ar (A 2-$)'" LF 201 $48.00 $0.040.00 37 PC6'OvOts•GOor(A 0641Gtfoat) 6P 1302 $22,00 1626;644.00 36 AdJustManhole Frame and Cover inFinish amda" FA 20 $1;600,00 430,000.00 39 furnish 8lnotaftTicino LoopTypd0 EA to $2W.00 $4,846.60 40 Fumish6 ("$tell Train Loup `Gyps E CA 44 $240.00 $t0llli§8 0 41 S19nIn0knd$tdpip0 LS 1 '$40.000.00 $40.000.00 42 Tra91o¢nnWl and Traffic Control. Pion. LS 1 .$40,000.00 $40,00040 43 As�eu01. LS 1 3f6,000.90 $16.000.00 44 permits -. LS 1 $20,000,00 $20,00040 Subtotal $$683,380.$0 AstarlskHolaa (perr P-3 of P•17 of Spaoj04a0one) -.KOT, pan of Total Bid Cal4ulation 46 Mobllbollo lbemoblli¢a90nbidltemIslimitedto4maximumof.5%ofIhoTotal13W as 0 9 6 46 .,Us quanilly foriNs bid item is shown for bid comparison only, This bid item shall not be subject to the 25% li it as stated ln.4ea6on 3.2 of the Stondard Sp4ld9aauana.,. as 0 0 0, Subtotal 0 Total $2,603,350.66 plannlalds, Inc. CITY OFSANTAANA EXHIBIT A PROPOSAL PP03FCTNO.. 11-6444 SAINT GEIiTRUDS AND GRAND AVENUE WATER MAIN WLA0EIvfwr TOTAL BASE sin 32.> 563,,3 Sla. o Tho iotvcat responsiblobiddorsball be solected based on the totalbaso bid,11c City reserves the right to award tho Base Did, and any, all, ornono ofthe add4ternato bite Items (if any): • Tho quawltyy for tits bid ltcru is silown 1br bid comparison only. Thls bid herd shall not be suUJcet:totlto"25e/v"Ttttitpastaded3g9oetion3•�oftheStartdardSpeoitieat]ons: "lhonon�I ambudt for NsItem will bo digitated by tho actual quantity used, and fheAgency reserves the rlgirtto lncreaso ordaorease the quantity.ofthlslterttaaoordiogly. TOXFORLE IMPWYEMENIS AN—D I D The undersignod bidder hereby prop'eses to complete the Work for the total base bid aawunt shown above, NO* Onene undred sixty (t6ttt wsrkinu.days aRer,tho commoncomentdate stated in the;Nptice to Proceed. The liquidatod damages amount, .in lieu of the amount specified in Subsection &0 of the Standard Specifications, shall be 51,300 per calendar day. Name omm Au rr„es yLr'lG -- Signature of BIDDER (2 Title 4a Wan divf ual, so seats. If a firm or capartaership, state the fam: name and 'givo tbepatnes of all individual.co pparenera composing the fmm. If a corporation, state lepli name. of eotporatlou, and names of President, Seoretsm Treasurer Pod Manager, thereof.) P-4 of?,14