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Home My WebLink AboutEXCEL PAVING COMPANY (PALP, INC.) (SAFE ROUTES TO SCHOOL DAVIS ELEMENTARY ACCESS COMPLIANCE)il10�-- INSURANCE ON FILE WORK MAY PROCEED UNTIL INSUSAN E f�J(FIRES lit r\/�X CLERK OF COUNCIL CITY OF SANTA ANA CONSTRUCTION CONTRACT DAT PROJECT 19-695.1 (ATPSBIL-5063(193)) APR 0 4 2023 SAFE ROUTES TO SCHOOL DAVIS ELEMENTARY ACCESS COMPLIANCE This CONSTRUCTION CONTRACT is made and entered into this 206, day of December, 2022 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 Palp, Inc. DBA Excel Paving Company (hereinafter "CONTRACTOR"). �( O' Cbof l 9) (3�)2— WITNESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 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 Safe Routes to School Davis Elementary Access Compliance 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 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 Five Million Five Hundred and Fifty Eight Thousand Four Hundred and Twenty Dollars and No Cents ($5,558,420.00), 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. 09/01/2017 Page 1 of 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 "D") 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: http://www.santa-ana.org/pwa/documents/CWA.pdf 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. 114A1210]9fu1►11016041160 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 4 (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. 11. FEDERAL PROVISIONS. The federal prevailing wage rates are attached hereto as Exhibit `B" and incorporated herein by this reference. When the federal prevailing wage rates and California prevailing wage rates differ for similar kinds of labor, the CONTRACTOR shall not pay less than the higher rate. The provisions of Form FHWA 1273 apply to this Construction Contract and all work performed by the CONTRACTOR and its subcontractor and lower tier subcontractors and is attached hereto as Exhibit "C" and incorporated herein by this reference. The CONTRACTOR shall comply with all federal requirements including, but not limited to, the Federal - Aid Contract Provisions attached hereto as Exhibit "D" and incorporated herein by this reference. With respect to any conflict between such federal requirements and the Contract Documents and/or the provisions of state law and except as otherwise required under federal law or regulation, the more stringent requirement shall control 12. USE OF CSLFRF FUNDS. Funds from the Coronavirus State Fiscal Recovery Fund and/or the Coronavirus Local Fiscal Recovery Fund, together known as the Coronavirus State and Local Fiscal Recovery Funds ("CSLFRF") program, will be used to fund all or a portion of this Construction Contract. CONTRACTOR shall comply with all applicable federal requirements including, but not limited to, the following, all of which are expressly incorporated herein by reference: a. Sections 602 and 603 of the Social Security Act as added by Section 9901 of the American Rescue Plan Act of 2021 (the "Act'); b. U.S. Department of the Treasury ("Treasury") Final Rule for the Act; c. Treasury Compliance and Reporting Guidance for the Act; d. 2 C.F.R. Part 200 — Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, other than such provisions as the U.S. Department of the Page 3 of 4 Treasury may determine are inapplicable to the CSLFRF program and subject to such exceptions as may be otherwise provided by the U.S. Department of the Treasury; e. Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions; and f. Federal contract provisions attached hereto as Exhibit "E" and incorporated herein by reference. Subcontracts, if any, shall contain a provision making them subject to all of the provisions stipulated in this Construction Contract. With respect to any conflict between such federal requirements and the terms of this Construction Contract and/or the provisions of state law and except as otherwise required under federal law or regulation, the more stringent requirement shall control. IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. W-eft•. ( . APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: U. JOHN M. FUNK Chief Assistant City Attorney RECOMMENDED FOR APPROVAL: ABIL SABA, PE Executive Director Public Works Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager CONTRACTOR: Palp, Inc. DBA Excel Paving Company NPAE IqTLE: Curtis P. Brown III President Page 4 of 4 Castro, Jose From: City of Santa Ana <certificate-request@ctraxjdidata.com> Sent: Monday, March 20, 2023 1:54 PM To: cathychupco@excelpaving.net; Ramirez, David; Castro, Jose; Thomas, Sean; wphillips@excelpaving.net Subject: Internal Notice of Compliance NOTICE OF COMPLIANCE c 1 1 i � I \ 1 F: PRINT THIS PAGE AND INCLUDE WITH AGREF.NI INT TO THE CLERK OF THE COUNCIL. Contractor Palp, Inc. Name: Project 19-6951 Number: Project Safe Routes To School Davis Elementary Access Compliance (ATPSBIL- Name: 5063(193)) The Certificate of Insurance (COI) submitted indicates that the coverages are in compliance with the insurance requirements. No further action is required at this time. Thank you, City of Santa Ana Risk Management Division in partnership with CTrax Plus Services Team 3/20/2023 4:54 PM PALP, INC. CERTIFICATE OF LIABILITY INSURANCE JEANA Da11M112023 Yl FTE 1172023 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 pollcy(les) must have ADDITIONAL INSURED previsions 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 endorsemont s . PRODUCER The Wooditch Company Insurance Services, Inc. 1 Park Plaza, Suite 400 Irvine, CA 92614 6RMEACT C,iio agh 949) 553.9800 No :949 553-0670 DISURERfin AFFOROmO COVERAGE NAIC suRERA:Allied World Ins. Co. Inc. 22730 INSURE Pelp, Inc. DBA Excel Paving Company; GAP Equipment, LLC 2230 Lemon Avenue Long Beach, CA 90808 INsuRERB:AIIIed World Assurance Company 19489 iasuRER c:Staretone National Insurance Company 25496 INSURER D : INSURER E: NSURER F: COVERAGES CFRTIFICATF NIIMRFR! RLVISIn1d AIn MIRFR• THIS IS TO CERTIFY THAT THE POUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICYPERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENTIMTH RESPECTTO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECTTO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE AOD SUBfl POLICY NUMBER PO IC EFF PO04MLL E%P LIMITS A X COMMERCIALGENERALLUIBa CLAIMS -MADE QX OCCUR X X 6004-1245 61112022 61112023 EACHOCCURRENCE $ 1,000,000 RE GETORENTEOmr1 100,000 MEDEXP An one rson 3.000 PERSONAL&iADVINJURY 1 1,000,000 'LAGGRE��C,yTE� �LIRMpITAPPGESPER: POLICY I'•I dECT LOC GENEFALAGGRE TE 2,000,000 GE PRODUCTS.CO OPAGG S 2,0110,000 EMPLOYEE BENEFI 11000,000 OTHER: B AUrOMOBUUr LIABILITY COMBINrdDSINGLELINUT 1,000,000 X ANYAUTO 88CC OWNAUTAHL�Ip M�OESµSOpWWUN�NEEop X X 6000-1394 6/1/2022 61112023 BoDILY1NIURv eam, BODILYIiNVJURV Pereceldw X �O�SONLY AUTOSONLY X AMVff1LV eahlm[ OE ' UMBRELLA LIAR OCCUR EACH OCCURRENCE AGGRE E EXCESSLMB CLAIMS -MADE DELI I I RETENTION$ C 11aXU(ERSCOMPENSAnON AND EMPLOYER LIABILITY A�NPY�PpR�Oq�P,�REIETgOEWpPARDIERIEXECUTME IJ (Mandatary In NH)FxObuoEY LJ ryyeess,, eescrlbe under DESCRIPTION OFOPEItATN)NS NIA X 10221268 6/112022 6MI2023 X PER Ono E EACH DENT 1,000,000 E IX8 E- EMPLOYEE 1,0D0,000 E.L DIS E-POLICYUNI7 1,000.000 DESCFUP71ON OF OPERAMONS I LOCATIONS IVEHICLES (ACORD 101, Addleanal Remarks Schedule, may be attached If mom space Is mgekedl RE: Excel Job #5901; City of Santa Ana Job 419.0951; (ATPSBIL-5063(103)); Safe Routes to School Davla Elementary Access Compliance Project. glelpwvlauaipwvrwowv The City of Santa Ana, Its officers, employees, agents, volunteers and representatives are included as Additlanal Insureds as respects General Liability and Auto Liability per attached endorsements. This Insurance shall apply as Primary and Non -Contributory per attached endorsements, Waiver of Subrogation for Gomm] Liability, Auto Liability and Workers' Compensation: Sea Attached Endorsements. CERTIFICATE HOLDER CANOFI I annN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana Risk Management Division, 4tl1 Floor THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza ,AunroORIZED REPRESENTATIVE '7 r_ Banta Ana, CA 92701 ACORD 25 (2016103) 491988.2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ACORO' k..� AGENCY CUSTOMER ID: PALP, INC. LOG 0: 1 ADDITIONAL REMARKS SCHEDULE JEANA Page 1 of 1 AGENCY NAMED INSURED Pafp, Inc. DBA Excel Paving Company; GAP Equipment, LLC 2230 Lemon Avenue Long Beach, CA 60806 POLICY NUMBER SEE PAGE 1 CARRIER EE PAGE 1 NAICCODE SEE P 1 EFFECTIVE DAM: SEE PAGE 1 THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate or Liability Insurance Cancellation: "Except 10 days notice of Cancellation for non-payment of premium. "Should this policy be cancelled before the expiration date, The Wooditch Company will mail 30 (thirty) days written notice to those Certificate Holders which require such action per contract or agreement." All rlahts reserved. The ACORD name and logo are registered marks of ACORD --� CITY OF SANTA ANA PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number Project No. 19-6951 Safe Routes to School Davis Elementary Change Order Number 1 Access Compliance To Excel Paving Co. Contractor You are hereby directed to make the herein changes from the plans and speofficatlons 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 COUNCL 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. To compensate the contractor for the fire hydrant turnover and buries per PCO #2 dated September 22, 2023, AGREED PRICE = $26,297.30 Schedule Impact:Ten (10)Working Days 2. To compensate the contractor for the redesign of a Kraken Filterra unit as well as procure additional material to supplement the new design per PCO #6.1 dated October 29, 2024. AGREED PRICE = $22,430.00 Schedule Impact:Ten (10)Working Days 3. To compensate the contractor for an additional cross gutter surveying at 151h St. and Dresser St. to maintain proper excess flow, additional survey at Washington Ave. and Spurgeon St., as well as a revised survey at Penn Way and 15th St. per PCOs #5, #9, and #13 dated February 1, 2024, May 24, 2024 and July 18, 2024 respectively. AGREED PRICE = $13,912.50 Schedule Impact:Twenty(20)Working Days 4. To compensate the contractor for the landscape removal of trees and shrubs at 151h St. and Penn Way, install a guardrail system, sawcut meandering sidewalk limits, regrade the meandering sidewalk per the revised plan, and to mobilize equipment for additional concrete placement per PCOs #14, and #16.1 dated August 15 and October 3, 2024 respectively. AGREED PRICE = $38,513.00 Schedule Impact: Twenty(20)Working Days 5. To compensate the contractor for mobilization costs for an excavator and a stomper for additional concrete improvements, sawcut street limits and to mobilize equipment for concrete placement along Washington and Spurgeon St. per PCOs #10 and #15 dated May 24, 2024 and August 20, 2024 respectively. AGREED PRICE = $15,745.00 Schedule Impact: Fifteen (15)Working Days Page 1 of 3 6. To compensate the contractor for additional mobilization costs for striping and installation of new stop sign posts per PCO #11 dated May 28, 2024. AGREED PRICE = $3,547.95 Schedule Impact:Ten (10)Working Days 7. To compensate the contractor for the removal and reconstruction of an existing manhole at 14t" St. and Poinsettia St., and to connect to the existing sewer line per PCO #17 dated September 23, 2024. AGREED PRICE = $25,750.00 Schedule Impact:Ten (10)Working Days 8. To compensate the contractor for the installation of a slurry blanket for an existing shallow waterline at 1411 St. and Poinsettia St. per PCO#1 S.1 dated October 21, 2024. AGREED PRICE = $30,375.00 Schedule Impact:Ten (10)Working Days 9. To compensate the contractor for time and material worked performed at various locations per PCO#20 dated December 4, 2024. AGREED PRICE = $43,420.57 Schedule Impact: Twenty(20)Working Days 10. To compensate the contractor for revised striping per PCO#21 dated December 11, 2024. AGREED PRICE = $17,613.06 Schedule Impact: Ten (10) Working Days 11. To compensate the contractor reinstall metal guardrail per revised plan PCO #22 dated February 4, 2025. AGREED PRICE = $14,720.00 Schedule Impact: Ten (10)Working Days 12. To compensate the contractor for concrete cost impact 5,000 psi mix per PCO #23 dated February 4, 2025. AGREED PRICE = $7,189.18 Schedule Impact: N/A TOTAL AGREED PRICE = $269,513.56 Page 2of3 CITY OF SANTA ANA PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number Project No. 19-6951 Safe Routes to School Davis Elementary Change Order Number 1 Access Compliance To Excel Paving Co. 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 $ 259,513.56 By reason of this order the CONTRACT TIME completion will be adjusted as follows: One Hundred Forty-Five(145)Working Days We the undersigned contractor have given careful consideration tc 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 4/9/2025 Contractor Excel paving Co. Dig9elly signed by VJsde By e � .Dh illip.te 2025.6409 Title Project Manager ord�.iam•oa• Approval recommended by q Date PUB RKS AGENCY E C IVE DIRECTOR Approved by Date Z Z CITYMANAGER 12 Attest: �, -,� Date CITY CLERK) Page 3of3