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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 * $ R 0 0 1 4 l 7 9 3 5 3 $ * 2024000028784 12:29 pm 02/08/24 7 407A N 12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.000.000.00 0.00 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 w 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 N N 0 W 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