HomeMy WebLinkAboutALL AMERICAN ASPHALT (29) Recorded in Official Records, Orange County
Hugh Nguyen, Clerk-Recorder
Recording Requested By, III 1111 IE�III1EIIII 1111111111III1And When Recorded Mail To: I N� FEE
City of Santa Ana,Public Works Agency M22 * $ R 0 0 1 4 2 0 0 1 1 2 $ *
20 Civic Center Plaza,P.O.Box 1998 2023000032558 4:01 PM 02/14/23
Santa Ana,CA 92702 318 RWl A N12 1
0.00 0.00 0.00 0.00 0.00 0.00 0.000.000.00 0.00
THIS SPACE FOR COUNTY RECORDERS USE ONLY
NOTICE OF COMPLETION f
NOTICE IS HEREBY GIVEN that the undersigned City of Santa Ana, California, a ✓
municipal corporation, with the address of City Hall, 20 Civic Center Plaza, Santa Ana,
California, 92701, is the owner of the property hereinafter described, that said owner has caused
construction of Garnsey Business District Pavement Improvements under contract
entered into on March 15, 2022 , with All American Asphalt , on which contract
UA Fidelity and Deposit Company of Maryland is surety. The property on which such
o work improvement was placed is in the City of Santa Ana, County of Orange, State of
o z California, and described as Project No. 22-6991 located at: various locations
AThe work improvement on said property was accepted as completed on February 9, 2023.
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CITY OF SANTA ANA, A IPAL CORPORATION
w ° By
F-
❑❑ Dated: Principal Civi Engineer Jason Gabriel
G4� TITLE
O
U _-_---_-------------------------------
VERIFICATION
I, the undersigned, say: I am the City Engineer — Rudy Rosas of the City of Santa Ana,
California; I executed the foregoing Notice of Completion acting on behalf of the owner of the
property therein described; I make this verification on behalf of said corporation by authorization
of the City Council of the City of Santa Ana; I have read said notice and know the contents
thereof; and I declare under penalty of perjury that the facts therein stated are true.
Executed on T r`{P.y/ �Al T Zy , at Santa Ana, California
City Engineer—Rudy Rosas
THIS NOTICE OF COMPLETION MUST BE RECORDED WITHIN TEN(10)DAYS AFTER COMPLETION
INSURANCE NOT ON FILE
WORK MAY NOT PROCEED CITY OF SANTA ANA
CLERK OF COUNCIL CONSTRUCTION CONTRACT
DATE: PROJECT 22-6991
O• PW r /n�\ �M\ 2 GARNSEY BUSINESS DISTRICT PAVEMENT IMPROVEMENTS
This CONSTRUCTION CONTRACT is made and entered into this 151 day of March, 2022 by and
N 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").
ev
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 Garnsey Business District Pavement Improvements (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 Four Million One Hundred Eighty Nine
Thousand One Hundred Fifty -One Dollars and No Cents ($4,189,151.00), 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.
rev 09/0112017 Page 1 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.
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: litti)://www.sEinta-aiia.orL,/i)wa/d`ociii-neiits/CWA.i)d f
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 (1000/0)
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.
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:
DAISY GOMEZ
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By:
JO N FUNK
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
'A�"w
yy- ABIL SABA, PE
Executive Director
Public Works Agency
CITY OF SANTA ANA
KRISTINE RIDGE
City Manager
CONTRACTOR:
All American Asphalt
NAME: Edward J. Carlson
TITLE: Vice President
Page 3 of 3
CITY OF SANTA ANA
PUBLIC WORKS AGENCY
CONTRACT CHANGE ORDER
Project Number 22-6991_ Garnsey Business District Pavement Improvement Project Change Order Number 1
To All American Asphalt Contractor
You are hereby dtrocted to make the herein changes from the plans and specifloallons or do the fallowing described work not included in IN.) plans and
specifications On this contract,
NOTE: THIS CHANGE ORDER IS NOT EFFECTIVE UNTIL APPROVED BY THE CITY COUNCIL OR CITY MANAGER.
Unless othanaise stated, rates for rental of equipment favor only suoh time 0.sequipment is actually used and no allowance will be made for Idle lima.,
Change requested by PUBLIC WORKS AGENCY
REDUCED WORK AT BID PRICE
Change Order 1 — Line Item
Quantity
Unit
Unit Price
Total
Bid. Item #1: Unclassified
Amount
Excavation
`859
CY
$93.80
($80,574.20)
Bid Item #2: AC Pavement
-1,740
TN
$92.90
($161,646.00)
TOTAL REDUCED COST': ($242 220 20)
EXTRA WORK AT AGREED PRICE
Change Order 1 — Line Item
Quantity
Unit
Unit Price
Total
Remove and dispose rail
_
Amount
lines W/0 Birch on Central Ave
1
_
LS
$19,780.00
$19,780.00
Remove and replace 5' wide
_
sidewalk culvert top
1
LS
$22,800.00
$22,800.00
Remove and dispose of rail
lines E/O Birch on Central Ave
W
1
LS
$13,693.50
$13,693.50
Install ARAM
31,700
SY
$7.64
$242,188A0
TOTAL ADDITIONAL COST: $298 461.60
TOTAL CHANGE ORDER AMOUNT: $66.241.30
Page 1 of 2
CITY OF SANTA ANA
PUBLIC WORKS AGENCY
CONTRACT CHANGE ORDER
Project Number 22.6991: Garnsey Business District Pavement lit provement Project Change Order Number 1
To ___ All American AsEThalt —_ —_ Contractor
You are hefplsy directed to make ilia herein changes from the plans and specifications or do the following described work not included in the plans and
specifications on this contract. 1
i
NOTE: 7NI$ CHANGE ORDER 15 NOT FEW 'iVC UNTIL APPROVED BY THE CITY COUNCIL OR CITY MANAGER. i
Unless otherwiss stated, rates for rental of equipment cover only such tune as equipment is actually used and no allowance will be made lot Idle time. 1
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 P-115 CHANGE ORDER: DECREASE $ INCREASE $ 56,241.30
By reason of this order the CONTRACT TIME cornpletion will be adjusted as follows; 0 additional working days.
We the undersigned contractor have given careful consideration to the change proposed andheieby agree, if this proposal is approved, that we will provide
all equipment furnish all Materials, except as inay otherwise be noted above, and perform all service necessary for the work above specified, and will accept
as full payment thorefor the prices shown above.
Accepted, Date 7/25/2022 _ Contractor All American Asphalt
By " Title James McGee Project Manager
Aplxoval recommended b}- S 4 _ Data
PUBLICWORKSAGENCYEXE'Cll'rIVE DIRECTOR
Approved by fate
TY NAGER
s
n
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