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Home My WebLink AboutONYX PAVING COMPANY, INC. (FAIRVIEW ST REHAB FROM SOUTH CITY LIMIT (SUNFLOWER AVE) TO ALTON AVE) NK,rt,'''I-_ r'V F!LE ;ETY CLri��'; 1H17 MAR 3 0 2026 CITY OF SANTA ANA CONSTRUCTION CONTRACT M�a�d¢I�A�Y info�91' PROJECT 21-6978 FAIRVIEW STREET REHABILITATION FROM SOUTH CITY LIMIT (SUNFLOWER AVENUE)TO ALTON AVENUE This CONSTRUCTION CONTRACT is made and entered into this 3d day of March, 2026 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'). - --- WTTNESSETH: 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, Fairview Street Rehabilitation (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, Seven Hundred. Twenty-Eight Thousand Dollars and Zero Cents ($2,728,000), as set forth and identified in the itemized BID PROPOSAL uploaded by the Contractor to PlanetBids, 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. rev.09/01t2017 Page 1 of 3 4. CONTRACTOR agrees to complete the WORK OF IMPROVEMENT within the time specified in the Time for Completion of Improvements and Liquidated Damages section of the BID PROPOSAL (Exhibit "B") 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 frilly described in the CWA. The CWA may be found on the City's website at: Santa Ana CWA 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 fiunished (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. q. 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 Indemnitee. IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: CITY OF S NTA ANA JENNIFE L. A ALVARO NU&EZ City Clerk City Manager APPROVED AS TO FORM: SONIA R. CARVALHO CONTRACTOR: City Attorney Onyx Paving Company, Inc. By: ;L ' KYLE LE NELLESEN B Assistant City Attorney TITLE: C K- t:>dnm _ CEp RECOMMENDED FOR APPROVAL: C � cEa Digitally signed by Rodolfo Rosas ROC�OlfO Rosa email=Rods@f ntsas, RV.7 email=nosas�santa-ana.org,c=US Date:2026.02.12 14:0938-08`00' RODOLFO ROSAS, P.E. Acting Executive Director Public Works Agency Page 3 of 3 0 DATE(MWDDIYYYY) .aco�ra CERTIFICATE OF LIABILITY INSURANCE 2/19/2026 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 NAME: Michael Tran The Baldwin Group West, LLC PN1. DNE 714 505-7000 FAX No: 714 573 1770 15901 Red Hill Ave, Ste 100 E-MAIL Tustin CA 92780 ADDRESS: michael.tran@wgbib.com INSURER s AFFORDING COVERAGE NAIC# Licerise#_OF69771 INSURER A:American Zurich Insurance Comp 40142 INSURED ONYXPAV-01 INSURER B:Evanston Insurance Company 35378 Onyx Paving Company, Inc. INSURERC:Great American Insurance Cam a 16691 _ 22707 La Palma Ave. Yorba Linda CA 92887 INSURERD:Scottsdale Insurance Company 41297 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1735525107 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 AOOLSUBR TYPE OF INSURANCE WVD POLICY NUMBER MM POLICY EFF POLICY EXP LTR !DDIYYYY MMIDDIYYYY LIMITS D X COMMERCIAL GENERAL LIABILITY BCS2D03096 101112025 1011/2026 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED CLAIMS-MADE FRIOCCUR PREMISES Ea occurrence $100,000 VIED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE L[MIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY JECOT- 71 LOC PRODUCTS-COMPIOPAGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY BAP106300607 10/112025 10/112026 COMBINED SINGLE LIMIT $1,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident $ C UMBRELLA LIAB 1 -1 X OCCUR TUE490440203 10/1/2025 10/1/2025 EACH OCCURRENCE $6,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE. $6,000,000 DED RETENTION$ $ A WORKERS COMPENSATION WC106300507 10/1/2025 10/1/2026 XPER QTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANYPROPRIETORIPARTNERIEXECUTIVE ❑ NIA E.L.EACH ACCIDENT $1,000,000 OFFICERIMEM 6ER EXCLUDED? (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 B Contractors Pollution Liability MKLVSENV105319 10/1/2025 10/1/2026 Aggregate $10,000,000 Occurence $5,000,000 Deductible $10,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) '—Excess Policy#TUE490440203 is Excess over the General Liability,Auto Liability,and Workers Compensation*** Certificate holder(s)islare named as additional insured per the attached endorsements as required by written contract subject to the terms&conditions of the policy: GL Additional Insured Form#CG 20 10 12 19 and CG 20 37 12 19 GL Additional Insured State-Permits Form#CG 20 12 12 19 GL Primary and Non-Contributory Form#CG 20 01 12 19 See Attached... APPROVED CERTIFICATE HOLDER CANCELLATION By Ty Fran Nguyen at 12.56 pm,Mar 11,2026 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 Santa Ana CA 92707 AUTHORIZED REPRESENTATIVE OO 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD