Loading...
HomeMy WebLinkAboutONYX PAVING COMPANY, INC. (LOCAL STREET PREVENTATIVE MAINTENANCE FY 24-25) JSURrANCE bN FILE EXHIBIT 3 W')RK MAY PROCEED UN71L fNSL)WNCE EXPIRES i_bb CITY CLERK CITY OF SANTA ANA LATE JUL. 2 5 2025 CONSTRUCTION CONTRACT AGREEMENT o:ewe W PROJECT 25-6907 Eckwa(d.`lot Fes l9z) LOCAL STREET PREVENTATIVE MAINTENANCE FY 24-25 This CONSTRUCTION CONTRACT is made and entered into this I"day of July,2025 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 Onyx Paving Company, Inc. (hereinafter"CONTRACTOR"). WITNESSETH: The CITY and the CONTRACTOR,for the consideration hereinafter named, mutually agree as follows: 1. The CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner, and to the satisfaction of the City Engineer of the CITY, the Local Street Preventative Maintenance FY 24-25 project (hereinafter referred to as the "WORK OF RAPROVEMENT") as 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 11APROVEMENT the sum total amount not to exceed Two Million Nine Hundred Eighty-Eight Thousand and No Cents($2,988,000.00), 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. Page I 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: CWA City of Santa Ana 12-20-2023 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. 9. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker's Compensation Insurance as outlined in the General Provisions,to be approved by the CITY. 10. INDEMNIFICATION. To the fullest extent allowed by law,CONTRACTOR and its Subcontractors hereby agree to defend, indemnify, and hold harmless CITY, its City Council, boards and commissions, officers, agents, employees, representatives and volunteers (hereinafter collectively referred to as "Indemnitees"), through legal counsel acceptable to CITY, from and against any liability, claims, actions, costs, damages or losses, including reasonable costs and attorney's fees, for injury, including death to any person or damage to any property, arising directly or indirectly from,or in any manner relating to,any of the following: (i) Performance or nonperformance of the Work of Improvement by CONTRACTOR or its Subcontractors of any lower tier; (ii) Performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of any of the obligations under the Contract Documents; Page 2 of 3 (iii) The construction activities of CONTRACTOR or its Subcontractors of any lower tier, either on the project site or on other properties; (iv) The payment or nonpayment by CONTRACTOR of any of its Subcontractors of any lower tier, for Work of Improvement performed on or off the project site; and (v) Any personal injury, property damage or economic loss to third persons related to and arising from the performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of the Work of Improvement. (vi) The indemnity obligations of Subcontractors provided by this Section shall be included in all subcontract documents issued by CONTRACTOR. Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in favor of CONTRACTOR against CITY or any other Indem- itee. IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. �f snra ATTEST: i CITY OF SANTA ANA i NN L. LL Minh Thai Cit rk Assistant City Manager APPROVED AS TO FORM: SONIA R. CARVALHO CONTRACTOR: City Attorney Onyx Paving Company, Inc. Kt. LE NELLESEN NhC - Assistant City Attorney TI1z) vtct- �cc-r'111M 1 RECOMMENDED FOR APPROVAL: A' Digitally signed by Nabil Sala Datt e:Nae:2 202525.06.i 6 09:46:27-07'00' NABIL SABA, PE Executive Director Public Works Agency Page 3 of 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness, accuracy,or validity of that document. State of California } County of Orange ) On June 12. 2025 before me, Leslie Rocha, Notary Public Date Here Insert Name and Title of the Officer personally appeared Jay Kirschner Name()of Signer{ who proved to me on the basis of satisfactory evidence to be the person(N) whose name(x) is/are subscribed to the within instrument and acknowledged to me that he/sore/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature( on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ft �.A - — —— r WITNESS my hand and official seal. NptdfY P:J t}kfC•tdl97 Qr?7id �djk � /1 /!� t11/// l�f 1/A� Crd,ge Ceuroty Si gnature C6mmISSiorl#2484944 My Comm.fxprres Mdr��. �,4,r Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Partner — CQ Limited ❑General ❑Partner — ❑ Limited ❑General ❑Individual ❑Attorney in Fact ❑Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: cC2014 National Notary Association •www.NationaiNotary.org • 1-800-US NOTARY(1-800-876-6827) Item 45907 Exhibit A CITY OF SANTA ANA PROPOSAL PROJECT NO.:25-6907 LOCAL STREET PREVENTATIVE MAINTENANCE FY 24-25 BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: ONYX PAVING COMPANY 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 sums) set forth in the following schedule: Item Description Qty Unit Unit Price Amount Unclassified Excavation* 1,050 CY $ I L6 S 15S 2 Asphalt Concrete(AC)* 1,940 TN $ 1-7 3 Asphalt Rubber Hot Mix(ARHM)* 4,060 TN $ $ t `l" L S-4 Cad SI b4D 4 Cold Mill(2')* 370,000 SF $ D $t5l�-00 5 Rubberized Emulsion Aggregate Slurry 900 ELT $C6 $-T Ln f (REAS)Type 11 6 Crack Seal I ES $ '?"�t�D� $-71 t COD 7 PCC Sidewalk(T=4")* 15,700 SF S t ll I tZ©D 8 PCC Driveway Approach(T-6")* 11000 SF S , S oo© 9 PCC Alley Apron* 200 SF $ $ r r fo co 10 PCC Curb Ramp* 300 SF $ 33 $p Uo [ 11 PCC Curb and Gutter(I tiype A-2-6 1,300 LF S bc� $ e6G t�bO and/or Match Existing) l 12 ACC Curb(SPPWC Type A 1-6 and`or 120 LF $ � $ Match Existing)* a 110 13 PCC Crass-Gutter(Local Street)* 600 SF $ S �q $DO 14 Root Shave 75 EA 3-7D -Z i -7 P-1 of P-19 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 25-6907 LOCAL STREET PREVENTATIVE MAINTENANCE FY 24-25 Item description Qty Unit Unit Price Amount 15 Protection of Surface Utility Frames& I LS {� 51 SM Covers 16 Furnish and Install New Water Valve 60 EA } ,�0 Frame and Cover to Finished Grade 1 17 FLlmiSh and Install New Water Meter 10 EA Frame and Cover I �QD 3 0i)Q) 18 Furnish and Install New Manhole Frame 55 EA &Cover to Finished Grade t 3(5Q -7 1 ]'a-©d 19 Adjust Survey Monument to Finished 6 EA Grade 4 , 20 Furnish and Install Traffic Loops Type F 4 FA (�03 ZI L4 C)b 21 Furnish and Install Traffic Loops Type E 10 EA � 1 T YD 22 Project Advertisement Sign EA 51 (Poc) 23 Signing&Striping 1 LS 3z-3 c 32731 24 Construction Permit ] I LS $9.000 $9,000 P-2 of P-19 CITY OF SANTA ANA PROPOSAL PROJECT NO.:25-6907 LOCAL STREET PREVENTATIVE MAINTENANCE FY 24-25 TOTAL BASE BID $ 7- 19 ( 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. 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 number (65) working days after the commencement date stated in the Notice to Proceed. Slurry seal must be completed by September 30, 2025. All slurry seal work must meet slurry seal weather condition requirements. If slurry seal is not completed by September 30,2025, liquidated damages will be placed on the contractor. The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $6,500 per calendar day. Name of Firm ONYX PAVING COMPANY, INC. Signature of BIDDER Title COREY R. KIRSCHNER - CEO (if an individual, so state. Ifa 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 A`" L> CERTIFICATE OF LIABILITY INSURANCE DATE(MMil025 Y) 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 INSUREll AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the pollcy(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). PROOUCER CONTACT The Baldwin Group West, LLC PHONE The Tran FAX 15901 Red Hill Ave, Ste 100 714 505-7000 Arc Nc: 714 573-1770 Tustin CA 92780 ADDRESS: michael.tran@wgbib.com INSURERS AFFORDING COVERAGE NAIC# License#:OF69771 INSURER A:Zurich American Insurance Comp 16535 INSURED ONYAPAV-01 INSURERB:American Zurich Insurance Comp 40142 Onyx Paving Company, Inc.2890 E. La Cresta Avenue INsuRERc:Evanston Insurance Company 35378 Anaheim CA 92806-1816 INSURERD:Great American Insurance Coma 16691 INSURER E:Scottsdale Insurance Company 41297 INSURER F: COVERAGES CERTIFICATE NUMBER:1367072593 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 TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR POLICY NUMBER MMIDDIYYYY MMIDDIYYYY LIMITS E X COMMERCIAL GENERAL LIABILITY BCS2001934 10/1/2024 10/112025 EACH OCCURRENCE $2,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES En occurrence $100.000 MED EXP(Any one erson} $5,000 PERSONAL 8 ADV INJURY $2,000,000 GEN'LAGGREGATH LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 POLICY J7C7 LOC PRODUCTS-COMPIOPAGG $4,000,000 OTHER: $ B AUTOMOBILE LIABILITY BAP106300606 10/1/2024 10/1/2025 COMBINEDSINGLELIMIT $2,000,000 Ea accident X ANYAUTO BODILY INJURY(Per person) $ OWNED SCHEDULED tid Per accident)AUTOS ONLY AUTOS BODILY INJURY( ) $ X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident $ ❑ X UM13RVLLALIAS X OCCUR TUE490440202 10/1/2024 10/1/2025 EACH OCCURRENCE $6,000,D00 EXCESSI.lAl3 CLAIMS-MADE AGGREGATE $6,000,000 DIED RETENTION$ $ A WORKERS COMPENSATION WC106300506 101112024 10/1/2025 X STATUTE ER" AND EMPLOYERS'LIABILITY Y I N ANYPROPRIETORIPARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICERIMEMBEREXCLUDED? ❑ N/A (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 C Contractors Pollution Liability MKLVBENV104880 10/1/2024 10J1/2025 Aggregate $10,000,000 Occurence $5,000,000 Deductible $10,000 DESCRIPTION OF OPERATIONS!LOCATIONS-I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) —Excess Policy#TUE490440202 is Excess over the General Liability,Auto Liability,and Workers Compensation— Certificate holdor(s)is/are named as additional insured per the attached endorsements as required by written Contract subject to the terms&conditions of the policy: GL Additional Insured Farm#CG 2010 1219 and CG 20 3712 19 Tu Trdn`.by TuTao ned GL Additional Insured State-Permits Form#CG 20 12 12 19 Nguyen GL Prima and Non-Contribute Form#CG 20 01 12 19 NgUyen eate;2025.07.09 APPROVED Primary Non-Contributory r 1e3:s5-07'00' See Attached... By.Ty Tran Nguyen at 111:33 am,fur 09,2ozs. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Santa Ana 20 Civic Center Plaza AUTHORIZED REPRESENTATIVE Santa Ana CA 92701 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD