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HomeMy WebLinkAboutQUALITY FENCE CO., INC. (STORMWATER FENCING UPGRADES) Recording Requested By, And When Recorded Mail To: Recorded in Officiaf Records, ©range County City of Santa Ana,Public Works Agency M22 Hugh Nguyen, Clerk-Recorder 20 Civic Center Plaza,P.O.Box 1988 Santa Ana, CA 92702 I�1111$I I I��I111�11111�111111111�111�III f III I��I�I 1 I II III lII NO FEE 1 2 5 1 $ * 20240001411301:07 pm 06106/24 63 RW11A N12 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 construction of STORMWATER CHANNEL FENCING UPGRADES under contract entered into on JUNE 21, 2022, with QUALITY FENCE CO., INC. on which contract PHILADELPHIA aINDEMNITY INSURANCE COMPANY is surety. The property on which such work W o improvement was placed is in the City of Santa Ana, County of Orange, State of California, and o z described as Project No. 22-6469 located at MINNIE CHANNEL AND SANTIAGO CREEK. The work improvement on said property was accepted as completed on JUNE 3, 2024. .j x � v CITY OF SANTA ANA,A MUNICIPAL CORPORATION w �O By C7 F" f z Dated: ( r 2 Principal Civil Engineer—Sean Thomas TITLE ------------------------------------------------------------------------------------------- C� 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 �� Tom, ZO Z at Santa Ana,California City Engineer—Rodolfo Rosas THIS NOTICE OF COMPLETION MUST BE RECORDED WITHIN TEN(10)DAYS AFTER COMPLETION .;E: L ON FILE i iAY PROCEED aiSURANCE EXPIRES 1 n • 1., 2_ CITY OF SANTA ANA if COUNCIL CONSTRUCTION CONTRACT - m t: PROJECT 22-6469 D'• ?WA a) STORMWATER CHANNEL FENCING UPGRADES (( b shi l0� Ca�il7 This CONSTRUCTION CONTRACT is made and entered into this 2111 day of June, 2022 by and between the City of Santa Ana, California, a charter city and municipal corporation organized and existing under N the Constitution and laws of the State of California (hereinafter "CITY'), and Quality Fence Co., Inc. � (hereinafter "CONTRACTOR"). cm CD WITNESSETH: ci The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. CONTRACTOR agrees to perform all the work and famish 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 Stormwater Channel Fencing Upgrades (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 Fifteen Thousand Nine Hundred Sixty -Five Dollars and No Cents ($415,965.00), 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 sums) 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. 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: http•//www.santa-ana.org/pwa/documents/CWA.pdf 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 (10%) 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 performanceor 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: DAISY GOMEZ AyClerk of the Council APPROVED AS TO FORM: SONIAR. CARVALHO City Attorney Ely: 4K 7y! JF� JOHN M.FUNK Chief Assistant City Attorney RECOMMENDED FOR APPROVAL: L- NABIL SABA, PE Executive Director Public Works Agency CITY OF SANTA ANA 'Lr- KRISTINE RIDGE City Manager CONTRACTOR: Quality Fence Co., Inc. NAME: \N111ictPA Ca dau9h TITLE: President Page 3 of 3 QUALFEN-02 MA U ,a41.. R w CERTIFICATE OF LIABILITY INSURANCE DAT/15/2022 Y) 7115/2022 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(iss) 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 endorsements . PRODUCER License # OC36861 rncr Beverly Goyen Inland Empire-Alliant Insurance Services, Inc. 685 E. Carneie Dr Ste 265 g San Bernardino, CA 92408 PHO IJ o, Eat): (909) 886-9661 �A/c, No):(909) 886.2013 UpA1IESS; bgoyen@alliant.com INSURERS AFFORDING COVERAGE NAICIf INSURER A: Mt. Hawley Insurance Company,37974 INSURED INSURER B: Allstate Insurance Company 19232 INSURER C:Cypress Insurance Company 10855 Quality Fence Company, Inc INSURER D: 14929 Garfield Avenue Paramount, CA 90723 INSURER E ; INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER - THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOWHAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FORTHE POLICYPERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOROTHER DOCUMENTWITH RESPECT TO WHICH THIS CERTIFICATE MAY BE 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 TYPE OF INSURANCE ADD_INSOL SUBp POLICY NUMBER POLICDY EFF POLICY EXPLTR LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR X MGLO195573 10/112021 10/1/2022 EACH OCCURRENCE 1,000,000 DAMAGE TO RENTED PREMISES Eaccc r 50,000 GEN'L X MED EXP (Any oneperson) $ 5,000 PERSONAL B ADV INJURY $ 1,000,000 AGGREGATE LIMIT APPLIES PER: POLICY � JECT LOG OTHER: 5,000,000 per proj. cap. GENERALAGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2A00,000 EBL AGG 11000,000 B AUTOMOBILE X X LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOpSSWW AUTOS ONLY X AUTOSONLY X 648909969 10/112021 10/1/2022 COMBINED SINGLE LIMIT accident 1,000,00g BOD ILLY INJ URY PerPerson) BODILY INJURY Per accident Pe�acd�nl AMAGE A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE MXL0431792 10/1/2021 101112022 EACH OCCURRENCE $ 8,000,000 AGGREGATE $ 8,000,000 DED I X I RETENTION$ O C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNEWEXECUTIVE YIN QFFICER/MEMW,& EXCLUDEDP ❑Y antle ory In If yes, describe under OF OPERATIONS below N/A X QUWC202153 10/1/2021 101112022 PER OTH- X TUTE ER E.L. EACH ACCIDENT 1,000,000 E.L. DISEASE - EA EMPLOYE $ 1,000,000 E.L. DISEASE - POLICY LIMIT 1,000,000DESCRIPTION DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more apace Is required) Re: Job #22-6469, Stormwater Channel Fencing Upgrades City of Santa Ana, Its officers, employees, agents and representatives are additional Insureds, primary and non-contributoryas respects to general liability per endorsements attached; additional Insureds, primary and non-contributory as respects to auto IlabiIIty per endorsements attached; waiver of subrogation as respects to workers' compensation per endorsement attached. Cancellation notice per attached endorsements. CERTIFICATE HOLDER r:ANr:Fi I ATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cityof Santa Ana Risk Management Division, 4th Floor THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza AUTHORIZED REPRESENTATIVE Santa Ana, CA 92702 V/''k PLAI, ACORD 25 (2016103) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD C. With respect to the insurance afforded to these additional Insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 2 of 2 Insured Policy# QUWC202153 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 07 D (Ed 10-17) CALIFORNIA CANCELLATION ENDORSEMENT This endorsement applies only to the insurance provided by the policy because California is shown in Item 3.A. of the Information Page. The cancellation condition in Part Six (Conditions) of the policy is replaced by these conditions: Cancellation: 1. You may cancel this policy. You must mail or deliver advance written notice to us stating when the cancellation is to take effect. 2. We may cancel this Policy for one or more of the following reasons: a. Non-payment of premium; b. Failure to report payroll; c. Non-payment of deductible billing; d. Failure to permit us to audit payroll as required by the terms of this policy or of a previous policy issued by us; e. Failure to pay any additional premium resulting from an audit of payroll required by the terms of this policy or any previous policy issued by us; I. Material misrepresentation made by you or your agent; g. Failure to cooperate with us in the investigation of a claim; h. Failure to comply with Federal or State safety orders; i. Failure to comply with written recommendations of our designated loss control representatives; j. The occurrence of a material change in the ownership of your business; k. The occurrence of any change in your business or operations that materially increases the hazard for frequency or severity of loss; I. The occurrence of any change in your business or operation that requires additional or different classification for premium calculation; m. The occurrence of any change in your business or operation which contemplates an activity excluded by our reinsurance treaties. 3. If we cancel your policy for any of the reasons listed in (a) through (g), we will give you 10 days advance written notice, stating when the cancellation is to take effect. Mailing that notice to you at your mailing address shown in Item 1 of the Information Page will be sufficient to provide notice. If we cancel your policy for any of the reasons listed in Items (h) through (m), we will give you 30 days advance written notice; however, we agree that in the event of cancellation and reissuance of a policy effective upon a material change in ownership or operations, notice will not be provided. 4. The policy period will end on the day and hour stated in the cancellation notice. 5. A short rate penalty applies if you cancel this policy or if we cancel due to non-payment of premium, failure to report payroll, or non-payment of deductible billing. First, the standard premium, defined as the base premium (computed in accordance with Part 1, Section 2, Subsection 3 of the WCIRB's California Basic Underwriting Manual) adjusted for the experience modification factor and all other pricing factors except for premium discount and expense constant, will be multiplied by the quotient of the number of days for which the policy was written divided by the number of days the policy remained in force to produce the full standard premium. Second, the extended number of days will be determined by dividing the number of days the policy was in force by the number of days for which the policy was written and multiplying the quotient by 365 days. When the policy is written for a one-year period, the extended number of days will equal the number of days the policy remained in force. Third, the short rate percentage corresponding to the extended number of days will be obtained from the short rate cancellation table. Fourth, the short rate premium will be equal to the product of the full standard premium times the short rate percentage. The short rate table below will be used in computing the short rate premium. In no event will the final earned premium be less than the policy minimum premium. WC 99 06 07D Page 1 of 2 (Ed 10-17) WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC990410C (Ed. 01-19) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA BLANKET BASIS We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) The additional premium for this endorsement shall be calculated by applying a factor of 2% to the total manual premium, with a minimum initial charge of $350, then applying all other pricing factors for the policy to this calculated charge to derive the final cost of this endorsement. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Blanket Waiver Person/Organization Blanket Waiver— Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. Job Description Waiver Premium (prior to adjustments) All CA Operations 1601.00 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: 10101/2021 PolicyNo.: QUWC202153 Endorsement No.: Insured: Premium $ Insurance Company: Cypress Insurance Company Countersigned by WC 99 04 10 C (Ed. 01-19) E. Premiums The first Named Insured shown in the Declarations: 1. Is responsible for the payment of all premiums; and 2. Will be the payee for any return premiums we pay. F. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. If you die, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. IL 00 17 11 98 Copyright, Insurance Services Office, Inc., 1998 Page 2 of 2 Insured Policy# 648909969 COMMERCIAL AUTO AACW201011 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO ENHANCEMENT ENDORSEMENT Coverage provided under this policy is modified by the attachment of this endorsement If there is any conflict in coverage provisions between this form and any state specific endorsement also attached to this policy, the provision(s) of the state specific form shall apply. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM In SECTION I - COVERED AUTOS, the following changes are made: The following is added: D. Physical Damage Coverage for Temporary Substitute and Leased Autos If Physical Damage Coverage Is provided by this policy, the following kinds of "autos" are covered "autos" for the same coverages provided by the policy: 1. Any private passenger "auto", or other than private passenger vehicle with gross vehicle weight of 20,000 lbs. or less, you do not own while used with the permission of the owner as a temporary substitute for a covered "auto" you own that is out of service because of its: a. Breakdown; b. Repair; c. Servicing; d. "Loss"; or e. Destruction. 2. Private passenger "autos" and other than private passenger vehicles with gross vehicle weight of 10,000 lbs. or less, leased, hired, rented, or borrowed for a period of 30 days or less. This does not include any vehicle you lease, hire, rent, or borrow from any of your "employees" or partners or members of their households. In SECTION II — LIABILITY COVERAGE, the following changes are made: Under A. Coverage, Who Is An Insured, the following is added: d. Any organization, other than a partnership or joint venture, over which you maintain ownership or in which you hold a majority interest. This provision applies only if there is no similar insurance provided to that organization. e. Any organization you acquire or form after policy Inception, other than a partnership or joint venture, over which you maintain ownership, or in which you hold a majority interest. Coverage under this provision does not apply; (1) If there is similar insurance provided to that organization; or (2) To "bodily injury" or "property damage" that occurred before you acquired or formed the organization. f. Any person or organization that you are required to name as an additional insured under the terms of a written job contract, or by written insurance requirements executed prior to any covered "loss" or claim. This protection applies only if the person or organization is liable for the conduct of an "insured" and only to the extent of that liability. Under A. Coverage, Coverage Extensions, Supplementary Payments, subparagraphs (2) and (4) are replaced with the following: (2) Up to $5,000 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. Includes copyrighted material of Insurance Services Office, Inc., with its permission AA CW 20 10 11 Allstate Insurance Company Insured Full Copy Page 1 of 3 Under B. General Conditions, Concealment, Misrepresentation Or Fraud, the following is added: This condition does not apply to any omission or failure to provide material facts if the omission or failure was unintentional. Includes copyrighted material of Insurance Services Office, Inc., with its permission AA CW 20 10 11 Allstate Insurance Company Page 3 of 3 Insumd Full Copy Policy# 648909969 IL 02 70 07 20 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALIFORNIA CHANGES - CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following: CAPITAL ASSETS PROGRAM (OUTPUT POLICY) COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT -RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Paragraphs 2. and 3. of the Cancellation Common Policy Condition are replaced by the following: 2. All Policies In Effect For 60 Days Or Less If this policy has been in effect for 60 days or less, and is not a renewal of a policy we have previously issued, we may cancel this policy by mailing or delivering to the first Named Insured, at the mailing address shown in the policy, and to the producer of record, advance written notice of cancellation, stating the reason for cancellation, at least: a. 10 days before the effective date of cancellation if we cancel for: (1) Nonpayment of premium; or (2) Discovery of fraud by: (a) Any insured or his or her representative in obtaining this insurance; or (b) You or your representative in pursuing a claim under this policy. b. 30 days before the effective date of cancellation if we cancel for any other reason. 3. All Policies In Effect For More Than 60 Days a. If this policy has been in effect for more than 60 days, or is a renewal of a policy we issued, we may cancel this policy only upon the occurrence, after the effective date of the policy, of one or more of the following: (1) Nonpayment of premium, including payment due on a prior policy we issued and due during the current policy term covering the same risks. (2) Discovery of fraud or material misrepresentation by: (a) Any insured or his or her representative in obtaining this insurance; or (b) You or your representative in pursuing a claim under this policy. (3) A judgment by a court or an administrative tribunal that you have violated a California or Federal law, having as one of its necessary elements an act which materially increases any of the risks insured against. IL 02 70 07 20 0 Insurance Services Office, Inc., 2020 Page 1 of 4 d. If a state of emergency under California Law is declared and the residential property is located in any ZIP Code within or adjacent to the fire perimeter, as determined by California Law, we may not cancel this policy for one year, beginning from the date the state of emergency is declared, solely because the dwelling or other structure is located in an area in which a wildfire has occurred. However, we may cancel: (1) When you have not paid the premium, at any time by letting you know at least 10 days before the date cancellation takes effect; (2) If willful or grossly negligent acts or omissions by the Named Insured, or his or her representatives, are discovered that materially increase any of the risks insured against; or (3) If there are physical changes in the property insured against, beyond the catastrophe -damaged condition of the structures and surface landscape, which result in the property becoming uninsurable. C. The following is added and supersedes any provisions to the contrary: Nonrenewal Subject to the provisions of Paragraphs C.2. and C.3. below, if we elect not to renew this policy, we will mail or deliver written notice, stating the reason for nonrenewal, to the first Named Insured shown in the Declarations, and to the producer of record, at least 60 days, but not more than 120 days, before the expiration or anniversary date. We will mail or deliver our notice to the first Named Insured, and to the producer of record, at the mailing address shown in the policy. 2. Residential Property This provision applies to coverage on real property used predominantly for residential purposes and consisting of not more than four dwelling units, and to coverage on tenants' household property contained in a residential unit, if such coverage is written under one of the following: Commercial Property Coverage Part Farm Coverage Part — Farm Property — Farm Dwellings, Appurtenant Structures And Household Personal Property Coverage Form a. If this policy provides coverage as described in the preceding paragraph, and we elect not to renew this policy, we will mail or deliver written notice, stating the reason for nonrenewal, to the first Named Insured shown in the Declarations, and to the producer of record, at the mailing address shown in the policy, at least 75 days, but not more than 120 days, before the expiration or anniversary date. If we fail to give the first Named Insured shown in the Declarations notice of nonrenewal at least 75 days prior to the policy expiration, as required in the paragraph above, this policy, with no change in its terms and conditions, shall remain in effect for 75 days from the date that the notice of nonrenewal is delivered or mailed to the Named Insured. A notice to this effect shall be provided by us to the first Named Insured with the notice of nonrenewal. b. We may elect not to renew such coverage for any reason, except as provided in Paragraphs c., d. and e. below. c. We will not refuse to renew such coverage solely because the first Named Insured has accepted an offer of earthquake coverage. However, the following applies only to insurers who are associate participating insurers as established by Cal. Ins. Code Section 10089.16. We may elect not to renew such coverage after the first Named Insured has accepted an offer of earthquake coverage, if one or more of the following reasons applies: (1) The nonrenewal is based on sound underwriting principles that relate to the coverages provided by this policy and that are consistent with the approved rating plan and related documents filed with the Department of Insurance as required by existing law; IL 02 70 07 20 0 Insurance Services Office, Inc., 2020 Page 3 of 4 CITY OF SANTA ANA REBID PROPOSAL PROJECT NO.: 22-6469 STORMWATER CHANNEL FENCING UPGRADES BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the following schedule: Item Description t Unit Unit Price Amount 1 Construction Permit 1 LS $10,300 $10,300 2 Project Sign 1 LS $E.a00.00 $1ra00.00 Minnie Open Channel 3 Remove and Dispose existing chain link fence, posts, foundations and tree stumps/vegetation complete. 700 1,17 $ ti . 0 O $ a . 800.0 0 4 Furnish and Install, complete, 8-Foot High Securifor 4Dfenceand Concrete Footing. 1,630 LF $ lS0.00 $a%500. 5 Furnish and Install Complete 8-Foot High by 6-Foot Wide Securifor 4D single swing gate. 6 EA $ It 250.00 $ " 1 t$00.00 6 Furnish and Install sign on fence. 6 EA $ l A0,0l7 $ -7a0 00 7 UPRRFlagging* 15 DAYS $1,500 $22,500 8 UPRR Permit 1 LS $1,045 $ IoO45,00 Santiago Creek —(South Side) Broadway to Main St. Furnish and Install Complete 8-Foot 9 high by 6-Foot Wide Securifor 4D single swing gate. 4 EA $ (,1fl0.00 $ 1300.00 (v� Furnish and Install, complete, 8-Foot 10 High Securifor 4D fence and Concrete 600 LF $ (,�j, 0 .00 $q0, 000-00 Footing. P-6 of P-23 CITY OF SANTA ANA REBID PROPOSAL PROJECT NO.: 22-6469 STORMWATER CHANNEL FENCING UPGRADES LIST OF SUB -CONTRACTORS Section 4100 et. seq. of the Public Contract Code requires listing of all subcontractors with the bid for all subcontract work exceeding the following amount: o Streets, highways including bridge projects: ''/2% of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: '/x% of the bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIR). BIDDER proposes to subcontract certain portions of the work to the firms listed below: Name License #/Exp. DIR Reg. xp. Location Phone Type Of Worlc Amount $ Name License #/Exp. DIR Reg. #/Exp. License # Name License #/Exp. DIR Reg. 4/Exp. Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. -License # Location Loc on Phone Phone Type Of Work Type Of N Amount $ Amount $ l►M License #/Exp. DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $ Signature of Bidder Name License #/Exp. DIR Reg. #/Exp. License # _ Location Phone Type Of Amount $ P-14 of P-23 CITY OF SANTA ANA REBID PROPOSAL PROJECT NO.: 22-6469 STORMWATER CHANNEL FENCING UPGRADES ADDITIONAL REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER or Subcontractor has performed similar work in the past five years. 1. Name and Address of 2. (�Jv oI Lot�� �anrL� - I (a5l flan �irartud i Naane�nnd Address of ownor. bscox ALQn i -L• (5 C. z) S I-0- Name and Telephone Number �gAt, Inn .nn Contract Amount Name a Address of caner. Leas&.er Secx u rcA 1 '714 q 5 5 -tea 3 �� Name and Teleph�mber of person familiar with project. ln,&-VnlL&-Hno of Qciob Contract Amount Type of Work W qd ah1-1- Pre.sQz4- Date Completed W I V'e' Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. A r �i rpipp6 P-16 of P-23 'm 13 aA CA MI CITY OF SANTA ANA REBID PROPOSAL PROJECT NO.: 22-6469 STORMWATER CHANNEL FENCING UPGRADES The Contractor shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any contractor of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title: h'Y Z1 riPY1 Firm: �ual�—"I"F4eV-) co lt7 wic Date: P-19 of P-23 CITY OF SANTA ANA REBID PROPOSAL PROJECT NO.: 22-6469 STORMWATER CHANNEL FENCING UPGRADES STATEMENT REGARDING "ANTI -KICKBACK" REQUIREMENTS The undersigned is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with the Copeland "Anti -Kickback" Act (18 USC 74) as supplemented in the Department of Labor regulations (29 CFR, Part 3). This act provides that each contractor or subcontractor shall be prohibited from inducing, by any means, any person employed in the construction or repair of public work, to give up any part of the compensation to which he/she is otherwise entitled. Signed: Title:t1T Firm: U CL 'f'.PYI c e Cc nc. . Dater I I' aDaa-- P-21 of P-23 CITY OF SANTA ANA REBID PROPOSAL PROJECT NO.: 22-6469 STORMWATER CHANNEL FENCING UPGRADES STATEMENT REGARDING COMMUNITY WORKFORCE AGREEMENT (CWA) REQUIREMENTS This is to certify that the undersigned BIDDER, and subcontractors, have read and understood the CWA entered into by and between the City of Santa Ana, the Los Angeles/Orange Counties Building and Construction Trades Council, and the signatory Craft Councils and Local Unions, effective as of September 1, 2017. The CWA is available at: http://www.santa-ana.oriz/pwa/documents/CWA.pd The undersigned BIDDER hereby agrees to comply with all terms and conditions of the CWA, and is capable of completing construction of the project continuously, and without interruptions or delays. If awarded any work covered by the CWA, BIDDER will also be required to sign the Letter of Assent that. appears as Attachment A to the CWA. The undersigned BIDDER has reviewed the Public Worlcs Construction Permit, and required deposit described in Section-2--2a and the Notice of Inviting Bids. Signed: L.--_ C/ Title: Pres i dl p—n nn Firm: (bycku�h4^ne1rn. Date: P-23 of P-23 The Orange County Register 1771 S. Lewis Street Anaheim, CA92806 714.796.2209 6211379 CNSB! CNSB-ACCOMMODATIONS 916E1STST ORDER EXPEDITING LOS ANGELES, CA 90012-4050 FILE NO. CNS-3666176# AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, SS. County of Orange I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested In the above entitled matter. I am the principal clerk of The Orange County Register, a newspaper of general circulation, published In the city of Santa Ana, County of Orange, and which newspaper has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, under the date of November 19, 1906, Case No. A-21046, that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: 0311812022, 03/28/2022 certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing Is true and correct Executed at Anaheim, Orange County, California, on Date: March 26, 2022. Signature PROOF OF PUBLICATION Legal No. 0011623921 FILED DEC 13 2021 04ANOR COUNTY CLL CORDER OBPANTMRNT UK• — _ DUE MAYOR Vicente Sarmlanto MAYOR PRO TEM David Penalaza COUNCIL MEMBERS Phil Bacerra Johnalhan Ryan Hernandez Jessie Lopez Nellda Mendoza Thal Met Phan HI -Recorder * N o D 1 3 3 9 0 3$ t 20218500101710:44 am 12/13/21 $16 OR06A z01 7.00 60.00 0.00 0.00 0100 0.00 0.00 0.00 PUBLIC WORKS AGENCY 20 Clvlo Center Plaza (M-36) P.O. BOX 1988 • Santa Ana, Cellfamia 92702 (714) 647-5090 • Fax (714) 647.6023 www,santa-ano.org "1 , ,v,nivI amm Kristine Ridge CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Deily Gomez NOTICE OF EXEMPTION From the Requirements of the California Environmental Quallty Act (CEQA) Fee Exemption per California Government Code Section 6103 To: COUNTYCLERK From: County of Orange P.O. Box 238 Santa Ana, CA92702 Project Title: STORMWATER CHANNEL FENCING UPGRADES Project Number(s): Project Location: City: Santa Ana Project Description: 22-6469 City of Santa Ana Public Works Agency 20 Civic Center Plaza (M-36) Santa Ana, CA927D2 NO FEE Minnie Open Channel, Main Street Undercrossing, Santiago Park Ped. Bridge County: Orange ER Number: ER-2021-124 . Date of Approval: 02/16/2022 Excavation, minor grading, removal of existing fence, posts & foundations, new fence installation, Portland cement concrete, and signing. Applicant Name: City of Santa Ana, Public Works Agency Applicant Address: 20 Civic Center Plaza M-SO Santa Ana, CA92702 Name of public Agency Approving Project: City of Santa Ana Name of Agency Carrying Out Project: Public Works Agency Exempt status: Cl Ministerial (Sec. 15268) El Declared Emergency (Sec. 16269 (a)) t7 Emergency Project (Sec. 16269 (b through a)) ❑ General Rule (Sec, 15061(b)(3)/(6)) Q Statutory Exemption: m Categorical Exemption: 16301(b) Roason(a) Why Project is Exempt From CEQA: 16301(b) consists of repalr/maintenance of existing public facilities, CltyContact: Gllbert Castillg Title: Acting Senior Engineer Signature: J/' fr 1~pr t Av t, tw uG4vq SANTA ANA CITY COUNCIL Telephone: (714)647-6647 Date:. ViAO* satadonlo David Persian Thal Via[ Phan Jessie Lopez ! Phil Bacoea Johnothan Ryan Hamandoa ! Nallda Mendoza Mayor I Mayor Pre Tam,Ward2 Werdt Ward3 ward Wardb I Wards yaaanientoasanle1,lpJ)p S,aBla•anaoMAssto-angora; Abacorra,tiesanle-anh oro4 a�y nhspa,dgrra•e-nm ^aa om?nmondazara ante nna are 1.........'. |.. . \/\/\\\\\\\\/\/\\\\ §\. ...............w/.\ 2 / / \ ..............\,,. \/\! ................... / \}{\\\\/\\\\\/.\\\\,.� \\\\\\\\\\/\S. \\\\\\\ o. s s.. { ;\!) ................... �..,§..,..1..,....]! \/) Mai, Danny From: CTrax < certificate- request@ctraxjdidata.com> Sent: Friday, September 23, 2022 9:55 AM To: bgoyen@alliant.com; Castillo, Jose Gilbert; Gilbert, Hayley; maria.m@qualityfencesocal.com; Mai, Danny Subject: Internal Notice of Compliance NOTICE OF COMPLIANCE CITY STAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL Contractor Quality Fence Company, Inc. Name: Project 22.6469 Number: Project Stormwater Channel Fencing Upgrades Name: The Certificate of Insurance (COI) submitted indicates that the coverages are in compliance with the insurance requirements. No further action is required at this time. The compliant coverage(s) are: -I TYPE OF INSURANCE POLICY NUMBER EXPIRATION DATE COI DATE FILE NAME 22 6469 COI AUTOMOBILE LIABILITY 648909969 10/01/2022 07/15/2022 GL AL WC_Exp 10-01- 2022_PaAl.pdf 22-6469 COI GENERAL LIABILITY MGLO195573 10/01/2022 07/15/2022 GL_AL_WC_Exp 10-01- 2022 Partl.pdf WORKERS COMPENSATION AND EMPLOYERS' QL WC202153 10/01/2022 06/16/2022 Certificate - City of LIABILITY Santa Ana.pdf Thank you, City of Santa Ana Risk Management Division in partnership with CTrax Plus Services Team 1 Project Number Project No. 22-6469 Stormwater Fencing Upgrades PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Change Order Number 1 To Quality Fence Co.. Ina 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, I 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 UNIT PRICE 1. Labor and material to Install approximately 1,300 linear -feet of stainless steel cable fencing, replace damaged concrete fence parts, and repair damaged wrought Iron fencing along the Santa Ana Gardens channel near Jerome Park. TOTAL AGREED PRICE = $11,877.00 TOTAL CHANGE ORDER AMOUNT = $11 877 00 Page 1 of 2 CITY OF SANTA ANA PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number Project No. 22-6469 Stormwater Fencing Upgrades _ Change Order Number 1 To Quality Fence Co. Inc 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 I INTII Aaoonycn cv TUC 111 -- Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance Ml 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 $ _e......... ._ INCREASE $ 11,877.00 By reason of this order the CONTRACT TIME completion will be adjusted as follows: 15 non-compensable 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 he 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 LP130 2 3 Contractor By Wi11iUm V :IGTille Quality Fence Co. Inn Approval recommended qy� g _Date {v PCUBU�t�-lC WORKS AGENCYIXECUTIVE DIRECTOR Approved by 2s i— Date —1 I Z ZO Z GTYMANAGER Page 2 of 2 „ CITY OF SANTA ANA PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER s J'i ,, Project Number Project No. 22-6469 Stormwater Fencing Upgrades Change Order Number 2 To Quality Fence Co., Inc. 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 UNIT PRICE 1. Labor and material to cut approximately 3-inches off the bottom of the 4D fencing along the northwest First Street slope,grind cuts smooth, and paint black. TOTAL AGREED PRICE=$8,418.00 TOTAL CHANGE ORDER AMOUNT=$8,418.00 Page 1 of 2 CITY OF SANTA ANA PUBLIC WORKS AGENCY J. CONTRACT CHANGE ORDER Project Number Project No. 22-6469 Stormwater Fencing Upgrades Change Order Number 2 To Quality Fence Co., Inc. 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 $ 8,418.00 By reason of this order the CONTRACT TIME completion will be adjusted as follows: Three (3)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 specified,and will accept as full payment therefor he rices shown above. Accepted,Date q q ZpZq Contractor Quality Fence Co., Inc. By itle P(e5 ti c a 1(1T Approval recommended by ---L, ` 4A. Date 51 1q,/2. 1' PUBLIC WORKS A NCY EXECUTIVE D ECTOR Approved by Z'. Date / 1 Alvaro Nunez Acting City Manager - y a �.- .,�.,.�1.--, � Page 2 of 2 7-Tiatii IMMii:-., -7.112iTe erk.