HomeMy WebLinkAboutALL AMERICAN ASPHALT (31) Recording Requested By,
And When Recorded Mail To:
City of Santa Ana,Public Works Agency M22 Recorded in Official Records, Orange County
20 Civic Center Plaza,P.O.Box 1988 Hugh Nguyen, Clerk-Recorder
Santa Ana,CA 92702 II I II III 11111 1111 II I II 1111 I III � 10 F E E
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2024000028784 12:29 pm 02/08/24
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NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the undersigned City of Santa Ana, California, a
municipal corporation, with the address of City Hall, 20 Civic Center Plaza, Santa Ana,
California, 92701, is the owner of the property hereinafter described, that said owner has caused
ca construction of LOCAL STREET PREVENTATIVE MAINTENANCE FY 21-22 under contract
entered into on MAY 17 2022, with ALL AMERICAN ASPHALT, on which contract
x FIDELITY AND DEPOSIT COMPANY OF MARYLAND is surety. The property on which
Wo such work improvement was placed is in the City of Santa Ana, County of Orange, State of
o z California, and described as Project No. 22-6907 located at: Various Locations. The work
Aimprovement on said property was accepted as completed on JULY 14, 2023.
56
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v CITY OF SANTA ANA,A MUNICIPAL CORPORATION
o By �.
Dated: Pdggi al Civil Engineer—Sean Thomas
G
TITLE
Up„ -------------------------------------------------------------------------------------------
VERIFICATION
I, the undersigned, say: I am the City Engineer — Rodolfo Rosas of the City of Santa Ana,
California; I executed the foregoing Notice of Completion acting on behalf of the owner of the
property therein described; I make this verification on behalf of said corporation by authorization
of the City Council of the City of Santa Ana; I have read said notice and know the contents
thereof; and I declare under penalty of perjury that the facts therein stated are true.
Executed on F01 .&A,z y S , 2�Z Y , at Santa Ana, California
City Engineer—Rodolfo Rosas
THIS NOTICE OF COMPLETION MUST BE RECORDED WITHIN TEN(10)DAYS AFTER COMPLETION
INSURANCE NOT ON FILE
WORK MAY NOT PROCEED
CLERK OF COUNCIL
DATE: CITY OF SANTA ANA
CONSTRUCTION CONTRACT
n.pw�(K�n� rCu �2-6907
PROJECT2MAI ` 0'-• �- LOCAL STREET PREVENTATIVEEMAINTENANCE FY21-22
a This CONSTRUCTION CONTRACT is made and entered into this 171 day of May, 2022 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 American Asphalt
c' (hereinafter "CONTRACTOR').
e
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, the Local Street Preventative Maintenance FY21-22 (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 One Hundred Nine Thousand
Eight Hundred Thirty -Two Dollars and No Cents ($2,109,832.00), 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. 09/01=7 Page 1 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: htto://www.santa-ana.orp-/i)wa/documents/CWA.r)df
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 (101%) 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:
CITY OF SANTA ANA
-�51- f \ - Xc-'
KRISTINE RIDGE
City Manager
SONIA R. CARVALHO CONTRACTOR:
City Attorney All American Asphalt
JOHN FUNK NAME Edward J. Carlson -
Assistant City Attorney TITLE: Vice President
RECOMMENDED FOR APPROVAL:
VJ ` h
NABIL SABA, PE
Executive Director
Public Works Agency
Page 3 of 3
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CITY OF SANTA ANA
PUBLIC WORKS AGENCY
CONTRACT CHANGE ORDER
Project Number 22-6907; Local Street Preventative Maintenance FY21-22 Change Order Number 1
To All American Asphalt 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 UNIT PRICE
For Shelton Street from Walnut Street to McFadden Avenue segments
The additional quantities for the following bid items will apply to the contract:
Item#
Description
Est. Qty.
Unit
Unit Price
Est. Amount
1
Unclassified Excavation*
50
CY
$200.00
$10,000.00
2
Cold Mill (2")*
114,000
SF
$0.20
$22,800.00
3
Asphalt Rubber Hot Mix ARHM * -
1,420
TN
$110.00
$156,200.00
5
Rubberized Emulsion Aggregate
Slur REAS Type II*
85
TN
$700.00
$59,500.00
12
Adjust Sewer and Drainage
Manhole Frame & Cover to
Finished Grade*
3
EA
$885.00
$2,655.00
13
Adjust Water Valve Frame and
Cover to Finished Grade*
2
EA
$785.00
$1,570.00
20
Asphalt Concrete (AC) Pavement*
TN - PCO#01
102
TN
$185.32
$18,902.64
21
Crack Sealing - PCO#01
1
LS
$12,348.00
$12,348.00
22
Protection of Surface Utility
Frames and Covers - PCO#01
1
LS
$1,000.00
$1,000.00
23
Remove existing striping,
pavement legends, and markers -
PCO#01
1
LS
$11,550.00
$11,550.00
24
Signing and Striping - PCO#01
1
LS
1 $31,075.00
$31,075.00
ESTMATED TOTAL
$327,600.64
Page 1 of 2
ESTMATED TOTAL COST: $327,600.64
CITY OF SANTA ANA
PUBLIC WORKS AGENCY
CONTRACT CHANGE ORDER
Project Number 22-6907; Local Street Preventative Maintenance FY21-22 Change Order Number
To All American Asphalt Contractor
Asplundh Construction, LLC.
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 Feld 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 $ 327,600.64
By reason of this order the CONTRACT TIME completion will be adjusted as follows: Ten (10) non compensatory 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 specked, and will accept
as full payment therefor the prices shown above.
Acc , Date $ .11. $� Contractor All American Asphalt
By Y J• `r LA Title
I �
Approval recommended by t—t -"�`--t'\_)C. Li h Date -Z0 -2--2-
PUBLICWORKS AGENCY EXECUTIVE DIRECTOR
Approved by � ' f`vDate 2 - 2-0 l�—
CITYMANAGER
Page 2 of 2
Q
CITY OF SANTA ANA
PUBLIC WORKS AGENCY
CONTRACT CHANGE ORDER
Project Number 22-6907; Local Street Preventative Maintenance FY21-22 Change Order Number 2
To All American Asphalt 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
For Shelton Street from Walnut Street to McFadden Avenue and 15th Street from Van Ness
Avenue to Ross Street segments
1. Speed humps with signs and markings at Shelton Street from Walnut Street to McFadden Avenue
Page 1 of 2
Total cost = $31,264.00
TOTAL COST: $31,264.00
CITY OF SANTA ANA
PUBLIC WORKS AGENCY
CONTRACT CHANGE ORDER
Project Number 22-6907; Local Street Preventative Maintenance FY21-22 Change Order Number 2
To All American Asphalt 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 $ 31,264.00
By reason of this order the CONTRACT TIME completion will be adjusted as follows: N/A
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 otherwse 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 10/16/2023 Contractor All American Asphalt
By CcZQ.d Title James McGee Project Manager
Approval recommended b '-1-G ,^- Date
( rBLIC WORKS AGENCY EXECUTIVE DIRECTOR
Approved by Date 11
CITYMANAGER
Page 2 of 2
CITY OF SANTA ANA
PUBLIC WORKS AGENCY
RICIkI IC9to] :Ul lei 09 7 F:H
Project Number 22-6907; Local Street Preventative Maintenance FY21-22 Change Order Number 2
To All American Asphalt Contractor
You are hereby directed to make the herein changes from the plans and specificafons 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 staled, 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
For Shelton Street from Walnut Street to McFadden Avenue and 15th Street from Van Ness
Avenue to Ross Street segments
1. Speed humps with signs and markings at Shelton Street from Walnut Street to McFadden
Avenue
Total cost = $31,264.00
2. Unused Change Order #01 item quantities per the following table:
Item
Description
Qty
Unit
Unit Price
Original
Adjusted
Amount
Amount
C01.1
Unclassified
400.00
CY
$200.00
$10,000.00
$0.00
Excavation
CO 1.2
Cold Mill 2" *
114,000.00
SF
$0.20
$22,800.00
$23,040.00
CO 1.3
Asphalt Rubber
5,600.00
TN
$110.00
$156,200.00
$155,150.60
Hot Mix
ARHM *-
CO1.4
Rubberized
1,100.00
TN
$700.00
$59,500.00
$0.00
Emulsion
Aggregate
Slurry (REAS)
Type II*
CO 1.5
Adjust Sewer
36,00
EA
$885.00
$2,655.00
$8,850.00
and Drainage
Manhole Frame
& Cover to
Finished
Grade*
CO1.6
Adjust Water
62.00
EA
$785.00
$1,570.00
$4,710.00
Valve Frame
and Cover to
Page 1 of 3
Finished
Grade*
CO1.7
Asphalt
0.00
TN
$185.32
$18,902.64
$0.00
Concrete (AC)
Pavement *
(TN)- PCO#01
CO 1.8
Crack Sealing -
0.00
LS
$12,348.00
$12,348.00
$12,348.00
PCO#01
CO 1.9
Protection of
0.00
LS
$1,000.00
$1,000.00
$1,000.00
Surface Utility
Frames and
Covers -
PCO#01
CO
Remove
0.00
LS
$11,550.00
$11,550.00
$11,550.00
1.10
exciting
stripping,
pavement
legends, and
markers-
PCO#01
CO
Signing and
0.00
LS
$31,075.00
$31,075.00
$31,075
1.11
Stripping -
PCO#01
Original
Adjusted
Total
Total
$327,600.64
$247,723.60
Total Cost = ($79,877.04)
TOTAL COST: ($48,613.04)
Page 2 of 3
CITY OF SANTA ANA
PUBLIC WORKS AGENCY
CONTRACT CHANGE ORDER
Project Number 22-6907; Local Street Preventative Maintenance FY21-22 Change Order Number 2
To All American Asphalt 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 $ (79877.04) INCREASE $ 31,264.00
By reason of this order the CONTRACT TIME completion will be adjusted as follows: N/A
We the undersigned contractor have given careful consideration to the change proposed and hereby agree, K 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 11/14/2023 Contractor All American Asphalt
By Title James McGee Project Manager 1
Approval recommended by KA,,.� & I Date \ ly 3
(A_,PbMC WORKS�AAGG/EENNNC,CYEXECUTIVE DIRECTOR
Approved by Date
CITY MANAG RR p� 1
Page 3 of 3