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HomeMy WebLinkAboutALL AMERICAN ASPHALT (MAIN ST REHAB FROM MEMORY LANE TO NORTH CITY LIMITS; BEDFORD REHAB AT MAINPLACE DR) INSURANCEON R-E WORK MAY PROCEED EXHIBIT 4 UN Sett ,NCE E;(f'1r?ES CRYCLER,, DAIL CITY OF SANTA ANA °'.t"V'4 Pt(Z) CONSTRUCTION CONTRACT Picard0 earQZ(Dz) PROJECT 20-6959, 20-6960 MAIN STREET REHABILITATION FROM MEMORY LANE TO NORTH CITY LIMITS;BEDFORD ROAD REHABILITATION AT MAINPLACE DRIVE This CONSTRUCTION CONTRACT is made and entered into this 5`h day of August, 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 All American Asphalt (hereinafter"CONTRACTOR"). WITNESSETH; The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: I. 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 Main Street Rehabilitation from Memory Lane to North City Limits 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 r 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 Seven Hundred Ninety-Two Thousand Five Hundred Seventy-Two Dollars and Fifty Cents($792,572.50), 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,08/0112023 Page I 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 C WA. The C WA may be found on the City's website at: littp://w-,�w.santa-aria.or(,/pw dOCLEntcntS/CWA.p(lf 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; 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 protect 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 NA ANO U{ - / l / r�ll.l NI HH L ALVARO NUNEZ City Cler- City Manager APPROVED AS TO FORM: SONIA R. CARVALHO CONTRACTOR: City Attorney All American Asphalt By: _ KYLE NELLESEN NAME: Edward J Carlson Assistant City Attorney TITLE: Vice President RECOMMENDED FOR APPROVAL: Digitally signed by RodOlfo Rodolfo Rosas Date:2025.07.23 Rosas 14:22:20-07'00' Rudy Rosas, P. E. Deputy Director/City Engineer Public Works Agency Page 3 of 3 ACCDORE® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDfYYYY) 8/6/2025 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 Edgewood Partners Insurance Center PHONE Certificates De artment Pax H.O.BOX 5003 c No 4 559-451-3200 A!C No;925-$01-0671 San Ramon CA 94583 ADDRESS: EPICcorts@eplcbrokers.com INSURER 3 AFFORDING COVERAGE NAIC# LlCene •OB2937Q INSURERA:Arch Specialty Insurance Company 21199 INSURED ALLAMER31 INSURER B:Zurich American Insurance Com an 16535 All American Asphalt P.O. Box 2229 INSURER GreatAmerican Insurance Company 16691 Corona, CA 92878 INSURER D INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:342737698 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. ILTR TYPE OF INSURANCE TADDL 3 8RPOLICYNUMBER sH°olomYY QDbfY`/YpY LIMITS A X COMMERCIAL GENERAL LIABILITY Y DPC100506609 811/2025 811/2026 EACHOCCURRENCE $1,000,000 CLAIMS-MADE Ifl OCCUR PREMISES He oocurrancel $100,000 MED EXP(Any one person) $ PERSONAL R ADV INJURY $1,000,000 GHN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY[X]PRO- JECT 71 LCC PRODUCTS-COMP/OPAGG $2,000,000 OTHER: $ B AUTOMOBILE LIABILITY Y Y 13AP557108813 8/1/2025 8/1/2026 EearF31NeDtSINGLELIMIT $2,OD0,000 X ANY AUTO BODILY INJURY{Par person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ HIRED X AUTOS ONLY X AUTOSO NLDY PROPERTYDA AGE Per accldent $ $ C UMBRELLALIAB X OCCUR Y Y TUE347463605 81112025 8l9/2026 EACHOCCLIRR♦;NCE $5,000,004 X EXCESS LIAB CLAIMS-MADH AGGREGATE $5,444,400 ❑ED X RETHNTION B WORKERS COMPENSATION Following-Form $ AND EMPLOYERS'LIABILITY YIN Y WC593205712 8I112025 8/112026 X STATUTE ER" ANYPROPRIETORIPARTNER7EXECUTIVE OFFICERlMEMBEREXCLUD NIA E.L.EACH ACCIDENT $1,000,000 E07 (Mandatary E.L.DISEASE-EA EMPLOYE $1,000,000 Linder If yes,describbe Linder DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS(VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached it more space is requlmd) Certificate Holder is Additional Insured if Required by Written Contract Excluding Workers Compensation #370641 RE:Project VS.20-6959,20-69601 Main Street Rehabilitation From Memory Lane to North City Limits:Bedford Road Rehabilitation at Malnplace Drive 1 ,,Dlgltallyslgned City of Santa Ana,its officers,employees,agents and representatives TU Tran'byTuTran Nguyen Nguyen Date:2025.0e.26 14,471.27-07'00' APPROVED CERTIFICATE HOLDER CANCELLATION SyTu Tran Nguyen a(2 R7pm,Aug 26,2025 1. 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 PROVISIONS. Risk Management Division,4th Floor 20 Civic Center Plaza AUTHORIZE REpRESENTATLVE Santa Ana CA 92701 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD