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HomeMy WebLinkAboutARMSTRONG CAL BUILDERS INC. (SANTIAGO PARK MAIN STREET ENTERANCE DEVELOPMENT) INSURANCE ON FILE WORK MAY PROCEED IMIT:L IN3LIRAI ICE EXPIRES 0(e/Z8 CITY OF SANTA ANA CITY CLERK DATE.00T 2 8 2024 CONSTRUCTION CONTRACT AGREEMENT 4 PWt1(z) PROJECT NO.20-2731 mil vet AA ar z.I l«) SANTIAGO PARK MAIN STREET ENTRANCE DEVELOPMENT This CONSTRUCTION CONTRACT is made and entered into this 17th day of September, 2024 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 Armstrong Cal Builders Inc. (hereinafter"CONTRACTOR"). 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 Santiago Park Main Street Entrance Development 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 Constiuction. 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 Seven Hundred Sixty-Three Thousand Eight Hundred Fifteen Dollars and Seventy-Five Cents ($2,763,815.75),as set foith 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 rev.08/01/2023 Page 1 of 3 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 may be found on the City's website at: https://www.santa-ana.org/documents/community-workforce-agreement/ 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(10%) of the final contract price. ji 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, is 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; Page 2 of 3 (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. IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: CITY OF SANTA ANA V51 A1419 JENNIFER1 HA L "'"' ALVARO NUNEZ Cit City Manager APPROVED AS TO FORM: SONIA R. CARVALHO CONTRACTOR: City Attorney Armstrong Cal Builders Inc. By: J E MONTOYA NAME: - awn Salah Assistant City Attorney TIT E: President/CEO RECOMMENDED FOR APPROVAL: Digitally signed by Nabil Nabil Saba Date:2024.08.2613:48:03 -07'00' NABIL SABA, PE Executive Director Public Works Agency Page 3 of 3 CITY mF SANTA ANA PROPOSAL EXHIBIT A PROJECT NO.: 20-2731 SANTIAGO PARK MAIN STREET ENTRANCE BID PROPOSAL TO: CITY COUNCIL OF TIIE CITY OF SANTA ANA FROM: Armstrong Cal Builders Inc. 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 Qty Unit Unit Price Amount 1 Clearing and grubbing 1 LS $ '2 ,j VD $ 'Z-1t tJ • 01) 2 Site Demolition 1 LS $ /c) J-t,rV $ /d }rat, all 3 Unclassified Excavation 1 LS $ q�- U7� $ 9 c trty 6,rry 4 Unclassified Fill,Grading and 1 LS $ rt'i) $ jT YOv >v Compaction 5 Site Drainage 1 LS $ ('1a,2.ro $ Gt ,2f 0• v9 6 Decomposed Granite Paving 7l,r 12,000 SF $ 6, $ 7-r U7 6,Lyo with Integral Binder and Edging SS • 2 6 inch thick Concrete Paving 11,500 SF $ 3 v.irt) $ 7,((r opt).Db with Aggregate Base i 8 4 inch thick Concrete Paving 1,400 SF $ 7. 9'. I" $ ?,k Lir7 ,01) with Aggregate Base Concrete Headers and Mow 9 1,200 LF $ '3 D.OD $ 4,01)0 M Strips, 10 Entry Monument 1 LS $ fit Zro•[ $ £'/,zr0.b-U 11 Seat Wall 1 LS $ 3 0,Gf'0.pp $ ?t 0 j(yvi7, p�j 12 View Deck#1 (350 sf) 1 LS $ 21^1 U-0>,pO $ 7_S vv b. O U 13 View Deck#2(1965 sf) I LS $ i I1-, S V LSU $ rI* rob .v'9 14 Cable Railing 300 LF $ /PG• $ 31, 93-r.ut) P-1 of P-19 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-2731 SANTIAGO PARK MAIN STREET ENTRANCE Item Description Qty Unit Unit Price Amount 15 Pedestrian Bridge at Ditch 1 LS $ 2()3 $ 2 O 3, }.Cd.01) 16 Irrigation I LS $i-INC() $ 24-1.11-pD !rD 17 Soil Preparation and Weed 52,700 SF $ p, /V $ z3 , K�•�U I Abatement 18 Bioswale/Detention Basin 7,000 SF $ 2/.kc $ /Y3� /LQD' 19 3"Layer of Mulch 16,400 SF $ 2. /1 $ 3 r ep 4.0-1: 20 Dwarf Carpet of Stars Plants 29,500 SF $ 3, 4,y $ 95, .t 0,0-2) 21 Box Tree—84" 1 EA $ I' 1r1? $ b . UI) 22 Box Tree—60" 2 EA $ .3 ?.CD $ 7, r D. tn) 23 Box Tree—36" 56 EA $ I, 3/ Y,fl' $ �3, 4 IV• a 24 Box Tree—24" 5 EA $ (,t UU. &° $-7, trot).0-c.Tree— 15 gallon 46 EA $ 2,rp , (lb $ )I, rot,. 26 Shrub-5 gallon 547 EA $ (,13, 7-.T $ 21, 93).2 r 27 Shrub— 1 gallon 754 EA $ $ 1V, I34, 28 90 day Post Installation 1 LS $ r $ &Vo . trb Maintenance o� s' 29 Site Furniture 1 LS $ c(y, tar $ q y}•r 30 Wayfinding Signs 6 EA $ 1/ 3 9'S $ 21"n.U-►) 31 Electrical Service 1 LS $ r1),wit) $ (O i 32 Electrical System—conduits, 1 LS $ I�� Col) $ wiring,controls,etc. ���� ��' 33 Light Poles—foundations,poles 23 EA $ 9 fif 0 $ 2..'2.14 2-ro, luminaries 34 Remedial Grading 500 CY $ (Q2 •1D $ . ro. 35 Construction Permit 1 LS $ 11,648.00 $ 11,648.00 P-2 of P-19 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-2731 SANTIAGO PARK MAIN STREET ENTRANCE Item Description Qty Unit Unit Price Amount 36 SWPPP Risk Level #tl 1 LS $ 0 1114' 0/2$ #9,q)S . U"U TOTAL BASE BID $ ALTERNATE 6 inch thick q /pit40,0 3$ Permeable Concrete and 11,500 SF $ $ Aggregate Dn e ALTERNATE 6 inch thick 3-9 Permeable Concrete and 1400 SF $ 9,£ • $ 7,}Ce u ,vU Aggregate Bas TOTAL ALTERNATE BID $ 441; tb171 . The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add-alternate bid items (if any). * The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the"25%" limit as stated in Section 7-3.5 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. t This bid item is considered a Specialty Item per Section 3-2 of the Standard Specifications. TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES, The undersigned bidder hereby proposes to complete the Work For the total base bid amount shown above, within Two-Hundred and Ten (210) working days after the commencement date stated in the Notice to Proceed. The first One-Hundred and Twenty (120) working days of which is for construction, and the last Ninety (90) working days for the vandalism-maintenance period. The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be$3,1 30 pet'calendar day. Name of Firm Armstrong Cal Builders Inc. Signature of BIDDER Title President/CEO (If an individual, so state. If a firm or co-partnership, state the firm name and give the names of all individual co-partners composing the fitmn. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) P-3ofP-19 ACCORD CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YWY) �i 08/15/2024 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(ies)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 endorsement(s). PRODUCER NAME:CONTACT Fayez Kabour Prince Financial and Insurance Services INC.No.Ext): (562)473-4444 x 230 I WC No): (855)484-2020 444 W.Ocean Blvd ADDRE FKABOUR@PrinceFinancial.net ADDRESS: (� p�� Q�� Suite 1102 Angie Acevedo nDigitally siOEFt6)AFFORDING'LVWERAGE NAIC# Long Beach CA 90802 ,NsuRE6e ' sirgnislri 1f#rtTlesqrir 38920 INSURED INSURER B: Infinity Commercial Select Insurance Co 20260 Armstrong Cal Builders,Inc INSURER C: Midwest Employers Casualty Co 0098 PO BOX 249 INSURER D: INSURER E: Stanton CA 90680 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH 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 ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE _IMO_wvo POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY). LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X OCCUR DAMAGE TO RENTED CLAIMS-MADE PREMISES(Ea occurrence) $ 100,000 MED EXP(Any one person) $ 5,000 A X X 0100196860-02 06/30/2024 06/30/2025 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 PRO- POLICY JECT X LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ B OWNED SCHEDULED X X 50011012101 06/28/2024 06/28/2025 BODILY INJURY Per accident) $ AUTOS ONLY AUTOS t HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $ $ UMBRELLA LIAB X OCCUR EACH OCCURRENCE g 5,000,000 A X EXCESS LIAB CLAIMS-MADE X X 0100209238-02 06/30/2024 06/30/2025 AGGREGATE $ 5,000,000 DED I RETENTION$ $ WORKERS COMPENSATION X STATUTE I I ERH AND EMPLOYERS'LIABILITY Y/N C OFFICER/M MBEREXCL DED?ECUTIVE N/A X BNUWC0157339 06/28/2024 06/28/2025 E.L.EACH ACCIDENT $ 1,000,000 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) -General Contractor-CA License No.990992 -The City of Santa Ana is listed as an Additional Insured on the above referenced Policy. -PROJ NO.20-2731 -All Certificate Holder privileges apply only if required by written agreement between the Certificate Holder and the Insured,and are subject to policy terms and conditions.Should any of the above described policies be canceled before the expiration date thereof,the issuing company will mail a 30 day(s)written notice to the certificate holder. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. NOTICE WILL RE DELIVERED IN CITY OF SANTA ANA ACCORDANCE WITH THE POLICY P \ / �"',' Risk Ma ugment Divisirm 20 CIVIC CENTER PLAZA-ROSS ANNEX REVIEY/ED&APPROVED BY:AUTHORIZED REPRESENTATNE t' ai y SANTA ANA CA 92701 1 A Atevdo �' Risk Management Spedalist ©1988-2015 ACORD / \ ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION Attached To and Forming Part of Policy Effective Date of Endorsement Named Insured 0100196860-2 06/30/2024 12:01AM at the Named Armstrong Cal Builders Insured address shown on the Declarations Additional Premium: Return Premium: $0 $0 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s)or Organization(s) Location(s)of Covered Operations Blanket, as required by written contract, executed prior to Locations as required and specified by written contract, the start of work on the project. executed prior to the start of work on the project. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for "bodily injury", This insurance does not apply to "bodily injury" or "property damage" or "personal and advertising "property damage" occurring after: injury caused, in whole or in part, by: 1. All work, including materials, parts or 1. Your acts or omissions; or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs)to be performed by or in the performance of your ongoing operations on behalf of the additional insured(s) at the for the additional insured(s) at the location(s) location of the covered operations has been designated above. completed; or However: 2. That portion of "your work" out of which the injury or damage arises has been put to its 1. The insurance afforded to such additional intended use by any person or organization insured only applies to the extent permitted other than another contractor or by law; and subcontractor engaged in performing 2. If coverage provided to the additional insured operations for a principal as a part of the is required by a contract or agreement, the same project. insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. / w��ttDMion to r: REVIEWED&APPROVED 8Y: ®' Risk Management Specialist CG 20 10 12 19 © Insurance Services Office, Inc., 2018 / INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES D(e /741 z‘ CITY OF SANTA ANA CITY DATECLERi( CONSTRUCTION CONTRACT AGREEMENT OCT282024 PWtII PROJECT NO. 20-2731 Mil uel Mar h�tzl�«� SANTIAGO PARK MAIN STREET ENTRANCE DEVELOPMENT This CONSTRUCTION CONTRACT is made and entered into this 17th day of September, 2024 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 Armstrong Cal Builders Inc. (hereinafter"CONTRACTOR"), WITNES SETH: 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 Santiago Park Main Street Entrance Development 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 Constiuction. 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 Seven Hundred Sixty-Three Thousand Eight Hundred Fifteen Dollars and Seventy-Five Cents ($2,763,815.75), 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 rev.08/01/2023 Page 1 of 3 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 may be found on the City's website at: https://www.santa-ana.org/documents/community-workforce-agreement/ 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, Mulish 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($1.0,000) 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. 1 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 'I Subcontractors of any lower tier; Page 2 of 3 (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. IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: CITY OF SANTA ANA . _ .1davt) JENNIFER . HA L "`"' ALVARO NUNEZ 1 Cit - City Manager APPROVED AS TO FORM: SONIA R. CARVALHO CONTRACTOR: City Attorney Armstrong Cal Builders Inc. By: I . J9 E MONTOYA NAME: awn Salah Assistant City Attorney TITL President/CEO RECOMMENDED FOR APPROVAL: Digitally signed by Nabil Nabil Saba Date:2024.08.2613:48:03 -07'00' NABIL SABA, PE Executive Director Public Works Agency Page 3 of 3 CITY OF SANTA ANA PROPOSAL EXHIBIT A PROJECT NO.: 20-2731 SANTIAGO PARK MAIN STREET ENTRANCE BID PROPOSAL TO: CITY COUNCIL OF TI-IE CITY OF SANTA ANA FROM: Armstrong Cal Builders Inc. 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 Qty Unit Unit Price Amount 1 Clearing and grubbing I LS $ ,.f OV $ c(2_,- Y') 2 Site Demolition 1 LS $ /j•-)- ivy $ /r J`v-Dfro 3 Unclassified Excavation 1 LS $ q r vv p $ 9 c D,ui 4 Unclassified Fill,Grading and 1 LS $ Mt) $ j-r f'UD ry Compaction 5 Site Drainage 1 LS $ (12, 2.I-G $ 6 Decomposed Granite Paving 12,000 SF $ 6,9ac $ r(rob,JO with Integral Binder and Edging SS 6 inch thick Concrete Paving 11,500 SF $ D.iri) $ �,�� ovv.Dt with Aggregate Rase i 8 4 inch thick Concrete Paving 1,400 SF $ r p $ 3; -, £1 V,0 i) with Aggregate Base 9 Concrete Headers and Mow 1,200 LF $ '3 •01) $ i,ttt 01.M.pt) Strips, 10 Entry Monument 1 LS $ fit S-p -o $ I"/,,,r0 b�o 11 Seat Wall 1 LS $ 7pCOD-Pb $ 0/00. ptj 12 View Deck#1 (350 sf) 1 LS $ l C1 U-00,pv $ 7_S;vob, p v 13 View Deck#2(1965 sf) 1 LS $ i I'7-. 5C4).LSD $ i 1} tva .v9 14 Cable Railing 300 LF $ /DO. $ 31, 94-r.av P-1 of P-19 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-2731 SANTIAGO PARK MAIN STREET ENTRANCE Item Description Qty Unit Unit Price Amount 15 Pedestrian Bridge at Ditch 1 LS $ 2 U ,-p $ 20 3, }.L-v.U'1) 16 Irrigation 1 LS $'1Z f OO $ ). iron '0-D 17 Soil Preparation and Weed 52,700 SF $ p. YU $ -2-3 /kk." Abatement lf4 lLed.u'+' 18 Bioswale/Detention Basin 7,000 SF $ zl,kSs $ 1 19 3"Layer of Mulch 16,400 SF $ Z • / $ 9/4.01: 20 Dwarf Carpet of Stars Plants 29,500 SF $ , cy $ 21 Box Tree—84" 1 EA $ i4 v sin? $ 14. _rp b . Pi) 22 Box Tree—60" 2 EA $ .3 11-D $ 7,, rt7 i. tn) 23 Box Tree—36" 56 EA $ 1, 3/ V.fit $ �3 Ss Sv 6-0 24 Box Tree—24" 5 EA $ (t 00. Jb $11 bVL ,ITO 25 Tree— 15 gallon 46 EA $ 2,rp , Uti $ ii, s-ob. O° 26 Shrub—5 gallon 547 EA $ y3, �-,r $ 21, 93/.z r 27 Shrub— 1 gallon 754 EA $ W. $ /f, /34. r 28 90 day Post Installation 1 LS $ $' o a1) $ S fro . r� Maintenance 29 Site Furniture 1 LS $ ('(�i 4)-. $ 99, y}•r 30 Wayfinding Signs 6 EA $ U 3 -I $ 2 41 2 rp•o1 31 Electrical Service 1 LS $ SD 00 $ rOTves )• 32 Electrical System—conduits, I LS $ /��, CO) $ 0--L)wiring,controls, etc. ���/ ��' 33 Light Poles—foundations,poles 23 EA $ 9 ?-f 0 $ RZy 2r0• ti-b luminaries 34 Remedial Grading 500 CY $ (p L •�� $ 31 z r0,v—a 35 Construction Permit 1 LS $ 11,648.00 $ 11,648.00 P-2 of P-19 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 20-2731 SANTIAGO PARK MAIN STREET ENTRANCE Item Description Qty Unit Unit Price Amount 36 SWPPP Risk Level #I 1 LS $ 4q 91•3- uv$ 4 9 I qIS'. ov TOTAL BASE BID $ ALTERNATE 6 inch thick �4 tt 00.°) 4-8 Permeable ermeable Concrete and 1- 500 SF $ $ Aggregate-Rase ALTERNATE 6 inch thick 3- Permeable Concrete and 1400 $ 1, ('t $ }4 v Aggregate Un TOTAL ALTERNATE BID $ 04.; 4 ta9 . The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add-alternate bid items (if any). The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the"25%" limit as stated in Section 7-3.5 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. -I' This bid item is considered a Specialty Item per Section 3-2 of the Standard Specifications, TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES. The undersigned bidder hereby proposes to complete the Work For the total base bid amount shown above, within Two-Hundred and Ten (210) working days after the commencement date stated in the Notice to Proceed, The first One-Hundred and Twenty (120) working days of which is for construction, and the last Ninety (90) working days for the vandalism-maintenance period. The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be$3,130 per calendar day, Name of Finn Armstrong Cal Builders Inc. Signature of BIDDER Title President/CEO • (If an individual, so state. If a firm or co-partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) P-3 of P-19 Aco CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIVYYY) Ikkr..i- 08/15/2024 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(ies)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 endorsement(s). PRODUCER CONTACT Fayez Kabour NAMEPrince Financial and Insurance Services PHONE 562 473-4444 x 230 FAX (855)484-2020 IA/C.No.EXu: ( ) (A/C,No): 444 W.Ocean Blvd E-MAIL FKABOUR@PrinceFinancial,net ADDRESS: h ��� p�� Suite 1102 A n g i e Acevedo (�Digitally si-INSOREFfrSI1iFFalArGeGWERAGE NAIL# Long Beach CA 90802 iNSuftERAe''i(flIMIAnlsiIrii nOZrt90 38920 INSURED INSURER B: Infinity Commercial Select Insurance Co 20260 Armstrong Cal Builders, Inc INSURER C: Midwest Employers Casualty Co 0098 PO BOX 249 INSURER D - INSURER E: Stanton CA 90680 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH 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 LTR IANSD DDLBR POLICY NUMBER POLICY EFF POLICY EXP TYPE OF INSURANCE X (MM/DD/WYV) (MM/DDmmL LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X OCCUR DAMAGE TO RENTED 100,000 CLAIMS-MADE PREMISES(Ea occurrence) $ MED EXP(Any one person) $ 5,000 A X X 0100196860-02 06/30/2024 06/30/2025 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 PRO- POLICY JECT X LOC _PRODUCTS-COMP/OP AGG _$ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ B OWNED SCHEDULED X X 50011012101 06/28/2024 06/28/2025 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) $ UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 A X EXCESS LIAB CLAIMS-MADE X X 0100209238-02 06/30/2024 06/30/2025 AGGREGATE $ 5,000,000 DED I I RETENTION$ $ WORKERS COMPENSATION X STATUTE I I W- AND EMPLOYERS'LIABILITY Y/N ANYPROPRIETOR/PARTNERIEXECUTIVE N!A X BNUWC0157339 06/28/2024 06/28/2025 E.L.EACH ACCIDENT $ 1,000,000 C OFFICER/MEMBEREXCLUDED, (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS below 1,000,000 DESCRIPTION OF OPERATIONS!LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) -General Contractor-CA License No.990992 -The City of Santa Ana is listed as an Additional Insured on the above referenced Policy. -PROJ NO.20-2731 -All Certificate Holder privileges apply only if required by written agreement between the Certificate Holder and the Insured,and are subject to policy terms and conditions.Should any of the above described policies be canceled before the expiration date thereof,the issuing company will mail a 30 day(s)written notice to the certificate holder. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN CITY OF SANTA ANA ACCORDANCE WITH THE POLICY P 20 CIVIC CENTER PLAZA-ROSS ANNEX o,;9rt,r,,.c Risk Managcmtent0[vision AUTHORIZED REPRESENTATIVE :' °� REVIEWED&APPROVED BY `) `i A Ac¢vdo SANTA ANA CA 92701 `I ''' Risk Management Specialist I ©1988-2015 ACORD / ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION Attached To and Forming Part of Policy Effective Date of Endorsement Named Insured 0100196860-2 06/30/2024 12:01AM at the Named Armstrong Cal Builders Insured address shown on the Declarations Additional Premium: Return Premium: $0 $0 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s)or Organization(s) Location(s)of Covered Operations Blanket,as required by written contract, executed prior to Locations as required and specified by written contract, the start of work on the project. executed prior to the start of work on the project. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for "bodily injury", This insurance does not apply to "bodily injury" or "property damage" or "personal and advertising "property damage" occurring after: injury" caused, in whole or in part, by: 1. All work, including materials, parts or 1. Your acts or omissions; or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs)to be performed by or in the performance of your ongoing operations on behalf of the additional insured(s) at the for the additional insured(s) at the location(s) location of the covered operations has been designated above. completed; or However: 2. That portion of "your work" out of which the injury or damage arises has been put to its 1. The insurance afforded to such additional intended use by any person or organization insured only applies to the extent permitted other than another contractor or by law; and subcontractor engaged in performing 2. If coverage provided to the additional insured operations for a principal as a part of the is required by a contract or agreement, the same project. insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. port. o Risk ManagementDivis[on REVIEWED&APPROVED BY: Risk Management Specialist CG 20 10 12 19 © Insurance Services Office, Inc.,2018 / Ns, CITY OF SANfTA ANA IT ' PUBLIC WORKS AGENCY CONTRACT CHANGE CRDER Project Number Project No. 20-2731:Santiago Park Main Street Entrance Change Order Number 01 Development To Armstron Cal Builders, 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 SY THE CITY COUNCIL OR CITY MANAGER. Unless otherwise stated,rates for rental of equipment Cover only such time as equipment is actualiy used and no aitowanme Will be made for Idle Ilme. Change requested by PUBLIC WORKS AGENCY EXTRA WORK AT AGREED PRICE 1. To compensate the contractor for tribal monitoring work including the monitoring of all ground disturbing activities, identifying tribal cultural resources, daily logs, and report discoveries per POO #2 dated December 16, 2024. TOTAL AGREED PRICE =$66,939.76 2, To compensate the contractor for install of 2" domestic water line (950 LF) to the existing restroom per PCO #3 dated January S, 2025. TOTAL AGREED PRlce ;$53,908.00 TOTAL CDST=$1 20,847.76 age or 2 . :=y CITY OF SANTA ANA ' PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number Project No, 20-2731:Santiago Park Main Street Entrance Change Order Number 01 Development To ArmstrongCal ai Builders 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 j specifications on this contract. NOTE:THIS CHANGE ORDER IS NOT EFFECTIVE UNTIL APPROVED BY THE CITY COUNCIL OR CITY MANAGER. Unless othcrwse 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 worm 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 scMdtales, 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 $ 120,847.76 By reason of this order the CONTRACT TIME completion will be adjusted as follows: Nine (9)Working Days We the undersigned contractor have given careful consideration to the change proposed and hereby agree.if this proposal is ap> ed,that we will provide all equipment,furnish all materials,except as may otherwise be noted above,and perform all service necessary for the work i6 'speci d,and will accept as full payment therefor the prices shown above, Accepted,Date Contractor Armstrong Cal Builders Inc. By ,* Title O 1.1VAW'^ f f Approval recommended by t B4 ", Date Z PUBLIC WORKS AGENCY EXECUTIVE DIRECTOR c _ Approved by Date ZS Minh Thai Assistant City Manager = Attest: - Date S CLERK age 2 o CITY OF SANTA ARIA w. PUBLIC WORKS AGENCY r f CONTRACT CHANGE ORDER u Project Number Project No.20-2731: Santiago Park Main Street Entrance Change Order Number 02 To Armstrong Cal Builders, 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 1. Install of two (2) bollards and 755 SF of 6-inch PCC pavement, including irrigation system adjustments, remobilization, materials, equipment,and labor per PCO#21 dated January 20, 2026. AGREED PRICE=$42,156.00 2. Install two (2)additional bollards and two (2)double-sided lights per PCO#22 dated January 21, 2026. AGREED PRICE=$8,459.00 TOTAL AGREED PRICE=$50,615.00 Page 1 of 2 CITY OF SANTA ANA PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number Project No.20-2731: Santiago Park Main Street Entrance Change Order Number 02 To Armstrong Cal Builders, 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 $ 50,615.00 By reason of this order the CONTRACT TIME completion will be adjusted as follows: Fourteen_04)Worklnq 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 3 Contractor Armstrong Cal Builders, Inc. By � Title �. P►�a, N-A�SRC� Approval recommended by Date I ry17—p teGENCYJ (RECTOR 4� Approved by Date CITY MANAGER AA1 Attest: Date CLERK Page 2 of 2