HomeMy WebLinkAboutELECNOR BELCO ELECTRIC, INC. (PEDESTRIAN AND MOBILITY IMPROVEMENTS PHASE II - ARPA|CSLFRF)INSURANCE ON FILE
'WORK MAY PROCEED
UNTIL INSURANCE EXPIRES CITY OF SANTA ANA
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CITY CLERK CONSTRUCTION CONTRACT
DATE 0 5 2024
FLO PROJECT 22-1406
O'.PWNCL) PEDESTRIAN AND MOBILITY IMPROVEMENTS PHASE II -ARPA I CSLFRF
This CONSTRUCTION CONTRACT is made and entered into this 19" day of December, 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 Elecnor Belco
Electric, Inc. (hereinafter "CONTRACTOR").
WITNESSETH:
The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows:
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 Pedestrian and Mobility Improvements Phase II — ARPA
CSLFRF Project (hereinafter referred to as the "WORK OF IMPROVEMENT") identified in and in
accordance with the Contract Documents prepared by the City's Public Works Agency and approved
by the City Council.
2. The complete Construction Contract consists of the "Contract Documents" as defined by the Standard
Specifications for Public Works Construction and which include the following:
• Notice Inviting Bids
• Information to Bidders
• Bid Proposal
• Bid Bond
• Contract Form
• Contract Bonds
• General Provisions
• Special Provisions
• Technical Provisions and Project Plans
• Community Workforce Agreement
• Appendices
In case of conflict between the Contract Documents, the precedence of documents shall be as
established in the Standard Specifications for Public Works Construction.
3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the WORK
OF IMPROVEMENT the sum total amount not to exceed Two Million Two Hundred Eighty Eight
Thousand Eighty Seven Dollars and No Cents ($2,288,087.00), as set forth and identified in the BID
PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A," and in accordance
with Section 2-7.1 of the Greenbook: Standard Specifications for Public Works Construction.
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
rev. 08/01/2023 Page I of 14
class or portion of the work or to omit portions of the work as may be deemed necessary or
advisable.
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 maybe 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;
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(ii) Performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier,
of any of the obligations under the Contract Documents;
(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. FEDERAL PROVISIONS.
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.F.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
tis 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.
IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and
year first above written.
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ATTEST:
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By; Ills
J SE MONTOYA
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
NABIL SABA, PE
(`Executive Director
Public Works Agency
CITY OF SANTA ANA
HOMAS CH
Interim City Manager
CONTRACTOR:
Elecnor Belco Electric, Inc.
qg�
.- .
.- •
Page 4 of 14
Mai, Danny
From:
Sent:
To:
Subject:
Contractor
Name:
Project
Number:
Project
Name:
City of Santa Ana <certificate-request@ctraxjdidata.com>
Tuesday, January 16, 2024 11:24 AM
ConstructionContracts, certificates @wiIIis.com; Castillo, Jose Gilbert;
rwilks@elecnor.com; Thomas, Sean
Internal Notice of Compliance
NOTICE OF COMPLIANCE
CITY STAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL
Elecnor Belco Electric, Inc.
22-1406
PEDESTRIAN AND MOBILITY IMPROVEMENTS PHASE II — ARPA
CSLFRF
The Certificate of Insurance (COI) submitted indicates that the coverages comply with the
insurance requirements.
The compliant coverage(s) are:
TYPE OF INSURANCE
POLICY NUMBER
EXPIRATION
COI DATE
FILE NAME
DATE
AUTOMOBILE LIABILITY
LOUEAHF1837
11/01/2024
10/31/2023
CityofSantaAna_W30898195.pdf
EXCESS LIABILITY
MKLMIEUE100851
11/01/2024
10/31/2023
CityofSantaAna_W30898195.pdf
EXCESS LIABILITY
MR23EXC9189061V
11/01/2024
10/31/2023
CityofSantaAna_W30898195.pdf
GENERAL LIABILITY
IOUEAHF1471
11/01/2024
10/31/2023
Cityof5antaAna_W30898195.pdf
PROFESSIONAL LIABILITY
CE0744635506
11/01/2024
10/31/2023
CityofSantaAna_W30898195.pdf
WORKERS COMPENSATION
AND I0WEAAU9T8V
11/01/2024
10/31/2023
CityofSantaAna_W30898195.pdf
EMPLOYERS' LIABILITY
No further action is required at
this time.
Thank you,
City of Santa Ana
Risk Management Division
in partnership with
1
-� CITY OF SANTA ANA
PUBLIC WORKS AGENCY
CONTRACT CHANGE ORDER
Project Number Project No. 22-1406 Pedestrian and Mobility Improvements Phase Change Order Number 1
II--ARPA i CSLFRF
To Elecnor Belco Electric, 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 COUNCILOR 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
1. To compensate the contractor for the removal and reconstruction of an additional driveway
on W. Wilshire Ave. and S. Sycamore St. per PCO#01 dated October 9, 2024.
AGREED PRICE=$10,857.50
2. To compensate the contractor for performing foundation drilling using the synthetic drilling
slurry(super mud)for the traffic pole foundations on Fairview and Highland per PCO#2 dated
April 9, 2025.
AGREED PRICE=$121,983.65
3. To compensate the contractor for concrete restoration and trenching to install conduit at
Flower St. and 3ru St. per PCO#03 dated March 6, 2025.
AGREED PRICE =$7,661.95
4. To compensate the contractor for applying an anti-graffiti coating to the concrete monument
sign per PCO#4 dated April 21, 2025.
AGREED PRICE =$2,545.75
5. To compensate the contractor for additional traffic control, and providing signage for the traffic
signal shutdown on Flower St. and Santa Ana Blvd. per PCO#5 dated April 04, 2025.
AGREED PRICE =$3,871.14
6. To compensate the contractor for installing yellow reflective back tape on all traffic signal
heads per PCO#6 dated April 14, 2025.
AGREED PRICE= $3,726.70
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7. To compensate the contractor for changing the pedestrian signal assemblies to side-mounted
configurations per PCO#6 dated May 28, 2025.
AGREED PRICE = $5,602.45
TOTAL AGREED PRICE = $166,249.14
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CITY OF SANTA ANA
. PUBLIC WORKS AGENCY
CONTRACT CHANGE ORDER
Project Number Project No. 22-1406 Pedestrian and Mobility Improvements Phase Change Order Number 1
II—ARPA I CSLFRF
To Elecnor Belco Electric, 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 156,249.14
By reason of this order the CONTRACT TIME completion will be adjusted as follows: Seven (7) 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 the prices shown above,
Accepted,Date 6110125 Contractor Elecnor Belco Electric, Inc.
By Title John Wong, Exec. Vice President
�&'(
Approval recommended b 4 GJh Date W
PUBLlCW KSAGENCYEXE lVEDIRECTOR
Approved by Date
1TYMANAGER
Attest: Date t „
CLERK
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