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Home My WebLink AboutCJW CONSTRUCTION, INC. (CENTENNIAL LAKE CIRCULATION RENOVATION)INSURANCE ON FILE WORK MAY PROCEED UNTIL INS RANCT�E EXPIRES CITY OF SANTA ANA �� >< CITY CLERK CONSTRUCTION CONTRACT AGREEMENT DATE: PROJECT NO.: 18-2681 M cm CENTENNIAL LAKE CIRCULATION RENOVATION C� M NJ cl This CONSTRUCTION CONTRACT is made and entered into this 18"' day of April, 2023 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 CJW Construction, Inc. (hereinafter "CONTRACTOR"). O. Pwk(oo iiek 9) (g �t)Z 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 Centennial Lake Circulation Renovation 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. 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 Nine Hundred Forty -Two Thousand One Hundred Thirty -Five Dollars and No Cents ($4,942,135.00), 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 1 of 4 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 18-2681 CENTENNIAL LAKE CIRCULATION RENOVATION 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 timefranue 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.or¢/pwa/documents/CWA.Vdf 7. CONTRACTOR shall, after award of this Contract, f mnish 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 "lndenmitees"), 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: 0) Performance or nonperformance of the Work of Improvement by CONTRACTOR or its Subcontractors of any lower tier; Page 2 of 4 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROTECT NO.: 18-2681 CENTENNIAL LAKE CIRCULATION RENOVATION (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 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 Hndem nitee. 11. 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 Treasury may determine are in applicable 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 "B" and incorporated herein by reference. Subcontracts, if any, shall contain a provision malting 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. [signaturepage to follow] Page 3 of 4 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 18-2681 CENTENNIAL LAKE CIRCULATION RENOVATION IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney JOHN FUNK Chief Assistant City Attorney RECOMMENDED FOR APPROVAL: NABIL SABA, PE Executive Director �OAtblic Works Agency CITY OF SANTA ANA KRIST� 1J� City Manager CONTRACTOR: CJW Construction, Inc. NAME: Daniel Duarte TITLE: President Page 4 of 4 Ruvalcaba, Angelica From: City of Santa Ana <certificate-request@ctrax.jdidata.com> Sent: Monday, May 8, 2023 3:34 PM To: contracts@cjwconstruction.com; Ruvalcaba, Angelica; Ramirez, David; ychong@alliant.com Subject: Internal Notice of Compliance NOTICE OF COMPLIANCE CITY STAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL Contractor CJW Construction, Inc. Name: Project 18-2681 Number: Project Centennial Lake Circulation Renovation Name: 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. The compliant coverage(s) are: TYPE OF INSURANCE POLICY EXPIRATION C01 DATE FILE NAME NUMBER DATE _COI_CJ W AUTOMOBILE LIABILITY 5430945902 10/01/2023 03/30/2023 Construction_18- 2681_GL_AL_UL_EXP 10-01-2023.pdf _C01_C] W GENERAL LIABILITY 5430945902 10/01/2023 03/30/2023 Construction_18- 2681_GL_AL_UL_EXP 10-01-2023.pdf _COI_CJ W PROFESSIONAL LIABILITY 8ECO05518303 10/01/2023 03/30/2023 Construction_18- 2681_GL_AL_UL_EXP 10-01-2023.pdf _col _CJ W WORKERS COMPENSATION AND EMPLOYERS' Construction_18- 154309535 10/01/2023 03/30/2023 LIABI LITY 2681_G L_AL_U L_EXP 10-01-2023.pdf 1 CITY OF SANTA ANA PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number Project No. 18-2681 —Centennial Lake Renovation Change Order Number 1 To CJW Construction _ 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 JUSTIFICATION 1. To compensate contractor for the removal of three vehicles abandoned in the south lake at Centennial Lake Park.The charges include labor from the contractor, crane, and support crew for the retrieval of the vehicles per RPI #46 (PCO#8). AGREED COST:$34,694.00 TOTAL AGREI`D COST:$34,694.00 Page 1 of 2 CITY OF SANTA ANA PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number Project No. 18-2681 -Centennial Lake Renovation _ Change Order Numbed 1 To CJW Construction 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. 44 w.^r '1]ea. .'nrr n�d �n Ohio r 'n...� .....d �4.y •L, 1' .` ,.! •.7 fhi pr.. 4,..a F.V1MMi, �' �, r♦ b! w-E.nv-,fe i&i--.. the v .rte , ..... ., v..•� ,J �yL4� � S""a�etwr5; �--�:-;warp... dd }e9te r9raBts , �, �e�f !} .;€- !t- Le° ste� cam!!-S'spp!iQ -g:Mv�i'..,.... ..c ] �,.v r• • 9 er�FNs�-haton (etome wry t�t#he !el ated is #:;e pr Et: TOTAL COST THIS CHANGE ORDER: DECREASE $ INCREASE $ 342594.00 By reason of this order the CONTRACT TIME completion will be adjusted as follows: One 1 _Working Days We the undersigned contractor have given careful consideration to 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 February 13,2025 contractor CJW Construction By ride Daniel Duarte-President Approval recommended by ' �- ':q 4 Date 7� /QPUBLIC WORKS NCYEXECUTIYE ECTOR Approved by Date CITYMANAGER Attest: Date crTY cz1=Rx Page 2 of 2 CITY OF SANTA ANA PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number Project No. 18-2681 —Centennial Lake Renovation Change Order Number 2 To CJW Construction 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 JUSTIFICATION 1. To compensate contractor for the procurement of ESS-13 Material. (PCO#9). AGREED COST: $242.463.71 TOTAL AGREED COST: $242,463.71 Page 1 of 2 CITY OF SANTA ANA i PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number Project No. 18-2681 —Centennial Lake Renovation Change Order Number 2 To it Construction Contractor You are hereby directed to make the herein changes from the plans and specifications or do the following described work rot 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 wilt 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. r PeFfGFMed on this pmjel and that the tifne and sest paid peF this 6hange eFder Genstitutes the el +., all8,ubeentFail and ins il-��e�crforn''��'��yr7 TOTAL COST THIS CHANGE ORDER: DECREASE $ .............. INCREASE $ 242,463.71 By reason of this order the CONTRACT TIME completion will be adjusted as follows: Zero 0 Working Days We the undersigned contractor have given careful consideration to 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 April 11, 2025 Contractor CJW Construction By , e Daniel Duarte - President Approval recommended by Date �PUBL1C WORKS A NCY EXECUTIVE TOR Approved by �- Date fTYMANAGEl4 Attest: Date CL Page 2 of 2 CITY OF SANTA ANA PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number Project No. 18-2681 —Centennial Lake Renovation Change Order Number 3 To CJVV Construction 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 rentat 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 JUSTIFICATION 1. Installation of revised design slotted intake pipe in wet conditions. AGREED COST: $123,431.62 2. Scope deletion of equalizer pipe from original scope of work. AGREED COST: ($20,628.04) 3. Installation of revised design jet fountain in wet condition. AGREED COST:$19,401.84 TOTAL AGREED COST:$122,305.42 Execution of this Change Order constitutes agreement only as to the specific scope of work, time, and cast described herein. Contractor expressly reserves all rights to pursue, and does not waive, any and all other pending, outstanding, or future claims, equitable adjustments, or change orders, whether submitted or to be submitted, including those of its Subcontractors and Suppliers, that are not expressly Included in this Change Order. Page 1 of 2 CITY OF SANTA ANA PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number Project No. 18-2681 —Centennial Lake Renovation Change Order Number 3 To CJW Construction 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 he 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. 13y 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 W 122,305.42 By reason of this order the CONTRACT TIME complefion will be adjusted as follows: Zero(0)Working Days We the undersigned contractor have given careful consideration to the change proposed and hereby agree,if this proposal is approved,that we will provide all Equipment,fumish 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 Sept. 17, 2025 Contractor CJW Construction B Titte Daniel Duarte - President Approval recommended 1py Date ZQ L + WOR S A EXECUTWE iREC OR Approved by i Date ate - 7i Cl TY MANAGER Attest: Date CITYCLE K Page 2 of 2 CITY OF SANTA ANA 19) PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number Project No. 18-2681 —Centennial Lake Renovation Change Order Number 4 To CJW Construction Contractor You are hereby directed to make the herein changes from the plans and specifications or do the fallowing 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 JUSTIFICATION 1. To cover the cost associated extended overhead cost from TIA#001. AGREED COST: $164,787.42 NET CONTRACT INCREASE:$164,787.42 Page 1 of 2 CITY OF SANTA ANA PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number Project No. 18-2681 —Centennial Lake Renovation Change Order Number 4 To CJW Construction Gonlractor 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 change order, 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 change order. 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 change order. TOTAL COST THIS CHANGE ORDER: DEGREASE $ __ ______—____ INCREASE $ 164,787.42 By reason of this order the CONTRACT TIME completion will be adjusted as follows. Two Hundred and Eighty (280)Working Days We the undersigned contractor have given careful consideration to 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 February 6, 2026 Contractor CJW Construction By - Title Daniel Duarte- President Approval recommended by Date rL3 PUBLIC W RKS AGENCY E_k' UTIVE DIRECTOR Approved by In/• ( Date I,}Ah1AGER fly, O Attest: 'j Date �g ERK - -—_ Page 2 of 2