HomeMy WebLinkAboutCJ CONCRETE CONSTRUCTION INC. (2) Recording Requested By, Recorded in Official Records, Orange County
And When Recorded Mail To: Hugh Nguyen, Clerk-Recorder
City of Santa Ana,Public Works Agency M22 ��� I� IIIII II1I II IIII �� I III��I III I II I III
20 Civic Center Plaza,P.O.Box 1988 I li NO FEE
Santa Ana,CA 92702 * $ R 0 0 1 5 1 4 3 8 4 8 $ *
2024000234740 2:35 pm 09/10124
18 414A N12 1
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ITHIS SPACE FOR COUNTY RECORDERS USE ONLY
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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
construction of CIVIC CENTER PLAZA SIDEWALK IMPROVEMENTS under contract
U m entered into on SEPTEMBER 5, 2023, with CJ CONCRETE CONSTRUCTION INC., on which
contract MERCHANTS BONDING COMPANY (MUTUAL) is surety. The property on which
m 0 such work improvement was placed is in the City of Santa Ana, County of Orange, State of
o California, and described as PROJECT NO. 23-7537 located at: CITY HALL, 20 CIVIC
aCENTER PLAZA, SANTA ANA, CALIFORNIA, 92701. The work improvement on said
o w property was accepted as completed on May 31, 2024.
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CITY OF SANTA ANA,A MUNICIPAL CORPORATION
By
pDated: ` `-� ' Principal Civil Engineer—Sean Thomas P.E.
W a. TITLE
-------------------------------------------------------------------------------------------
CL
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 44 o Z?h Z , at Santa Ana, California
City Engineer—Rodolfo Rosas
THIS NOTICE OF COMPLETION MUST BE RECORDED WITHIN TEN(10)DAYS AFTER COMPLETION
INSURANCE ON FILE
WORK MAY PROCEED
UNTIL INSURANCE EXPIRES
e rW
CITY CLERK
DATE: NOV 0 6 ZOZ3
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$ , Thuvn•Si
This CONSTRUCTION CONTRACT is made and entered into this 5th day of September, 2023
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
CJ Concrete Construction Inc. (hereinafter "CONTRACTOR").
CITY Or SANTA ANA
CONSTRUCTION CONTRACT AGREEMENT
PROJECT NO.: 23-7537
CIVIC CENTER PLAZA SIDEWALK IMPROVEMENTS
WITNESSETH:
The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows:
L 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 Civic Center Plaza Sidewalk Improvements Project (hereinafter
referred to as the "WORK OF IMPROVEMENT") identified in and in accordance with the Contract
Documents prepared by the City's Public Works Agency and approved by the City Council.
2. The complete Construction Contract consists of the "Contract Documents" as defined by the Standard
Specifications for Public Works Construction and which include the following:
• Notice Inviting Bids
• Information to Bidders
• Bid Proposal
• Bid Bond
• Contract Form
• Contract Bonds
• General Provisions
• Special Provisions
• Technical Provisions and Project Plans
• Community Workforce Agreement
• Appendices
In case of conflict between the Contract Documents, the precedence of documents shall be as
established in the Standard Specifications for Public Works Construction.
3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the WORK OF
IMPROVEMENT the sum total amount not to exceed Three Hundred and Fifty Nine Thousand and
Sixteen Dollars and No Cents ($359,01 G.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.
rm,. 09/01/2017
Page l of 14
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-aiia,orgipwa/documeiits/CWA.pd
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 requited 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;
(h) Performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier,
of any of the obligations under the Contract Documents;
Page 2 of 14
(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.
11. USE OF CSLFRF FUNDS
Funds from the Coronavirus State Fiscal Recovery Fund and/or the Coronavirus Local Fiscal
Recovery Fund, together known as the Coronavirus State and Local Fiscal Recovery Funds
("CSLFRF") program, will be used to fund all or a portion of this Construction Contract.
CONTRACTOR shall comply with all applicable federal requirements including, but not limited to,
the following, all of which are expressly incorporated herein by reference:
a. Sections 602 and 603 of the Social Security Act as added by Section 9901 of the American Rescue
Plan Act of 2021 (the "Act');
b. U.S. Department of the Treasury ("Treasury") Final Rule for the Act;
c. Treasury Compliance and Reporting Guidance for the Act;
d. 2 C.P.R. Part 200 — Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards, other than such provisions as the U.S. Department of the
Treasury may determine are inapplicable to the CSLFRF program and subject to such exceptions
as may be otherwise provided by the U.S. Department of the Treasury;
e. Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions; and
f. Federal contract provisions attached hereto as Exhibit "B" and incorporated herein by reference.
Subcontracts, if any, shall contain a provision making them subject to all of the provisions stipulated in
this Construction Contract. With respect to any conflict between such federal requirements and the terms
of this Construction Contract and/or the provisions of state law and except as otherwise required under
federal law or regulation, the more stringent requirement shall control.
[signatttrehage to follow]
Page 3 of 14
IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and
year first above written.
ATTEST:
CJENNIF LL
City CI
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
m
Ill
JOSE MONTOYA
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
���,4t�
%'NABIL SABA, PE
(� Executive Director
Public Works Agency
CITY OF SANTA ANA
Steven A. Mendoza
Acting City Manager
CONTRACTOR:
CJ Concrete Construction, Inc.
NAME:
TITLE:
Page 4 of 14
Mai, Dann
From: City of Santa Ana <certificate-request@ctraxjdidata.com>
Sent: Thursday, October 19, 2023 9:40 AM
To: Mai, Danny; Castillo, Jose Gilbert; Payo, Mahina; Perez, Ricardo
Subject: Internal Notice of Compliance
NOTICE OF COMPLIANCE
CITY STAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL
Contractor CJ Concrete Constructions Inc
Name:
Project 23-7537
Number:
Project Civic Center Plaza Sidewalk Improvements
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:
TYPE OF INSURANCE POLICY EXPIRATION COI DATE FILE NAME
NUMBER DATE
AUTOMOBILE LIABILITY
1845023
11/12/2023
08/18/2023
EI2114-0 (002)
GL.pdf
08/18/2023
E12114-0(002)
GENERAL LIABILITY
1845023
11/12/2023
GL.pdf
PROFESSIONAL
PROFESSIONAL LIABILITY ANE533932223
05/29/2024
05/31/2023
LIABILITY
INSURANCE.pdf
_COI_C.1
WORKERS COMPENSATION AND EMPLOYERS'
Concrete_22-
WC7398102
05/08/2024
04/28/2023
6970_WC_Exp_5-
LIABILITY
08-
24_Pending.pdf
Thank you,
City of Santa Ana
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