Loading...
HomeMy WebLinkAboutALL AMERICAN ASPHALT (34) Recording Requested By, J And When Recorded Mail To: Recorded in Official Records, Orange County City of Santa Ana,Public Works Agency M22 Hugh Nguyen, Clerk-Recorder 20 Civic Center Plaza,.P.O.Box 1988 I II I III II� III I I I� � III III �III III � II Santa Ana,CA 92702 If !I I NO FEE * S R 0 0 1 4 9 2 3 4 3 4 $ * 2024000109256 4:26 pm 05/01/24 63 RW11A N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.000.000.00 0.00 r. f/ NOTICE OF COMPLETION �4 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 A construction of GRAND AVENUE REHABILITATION FROM WARNER AVENUE TO EDINGER AVENUE under contract entered into on AUGUST 29, 2023 with ALL AMERICAN ASPHALT , on which contract FIDELITY AND DEPOSIT COMPANY oOF MARYLAND is surety. The property on which such work improvement was placed is c z in the City of Santa Ana, County of Orange, State of California, and described as Project No. c 22-6987 located at: GRAND AVENUE FROM WARNER AVENUE TO -a o EDINGER AVENUE The work improvemen o id property was accepted as completed on En 0 APRIL 25, 2024. w © CI F S A ANA, RPORATION w By I Dated: ivil En eer—Sean Thomas U Wa ------------------------------------------------------------------------------------------- VERIFICATION 1, the undersigned, say: I am the City Engineer — Rodolfo 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. 7� Executed on /A ZZ) Z , at Santa Ana, Califomia City Engineer—Rodolfo Rosas THIS NOTICE OF COMPLETION MUST BE RECORDED WITHIN TEN(10)DAYS AFTER COMPLETION INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES L TP hi CITY CLERK DATE:Npy 3 0 ZOZ3 (.R• Peret)pA#' CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 22-6987 GRAND AVENUE REHABILITATION FROM WARNER AVENUE TO EDINGER AVENUE This CONSTRUCTION CONTRACT is made and entered into this 29'h day of August, 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 All American Asphalt (hereinafter "CONTRACTOR"). WITNESSETH: 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, the Grand Avenue Rehabilitation From Warner Avenue to Edinger Avenue 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 One Million Five Hundred Sixty -Four Thousand Eight Hundred Thirty -Five Dollars and No Cents ($1,564,835.00), 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 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.: 22-6987 GRAND AVENUE REHABILITATION FROM WARNER AVENUE TO EDINGER AVENUE 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 CWA. The CWA may be found on the City's website at: http://www.santa-ana.org/l)waldocuments/CWA.t)df 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 4 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 22-6987 GRAND AVENUE REHABILITATION FROM WARNER AVENUE TO EDINGER AVENUE (ii) Performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of any of the obligations under the Contract Documents; (iii) The constriction 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 indemmity 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. 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 Constriction Contract and/or the provisions of state law and except as otherwise required under federal law or regulation, the more stringent requirement shall control. [signature page to follow] Page 3 of 4 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 22-6987 GRAND AVENUE REHABILITATION FROM WARNER AVENUE TO EDINGER AVENUE IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney M II( JOSE MONTOYA Assistant City Attorney RECOMMENDED FOR APPROVAL: ABIL SABA, PE Executive Director Public Works Agency CITY OF SANTA ANA Tom Hatch Interim City Manager CONTRACTOR: All American Asphalt NAME: Michael Farkas TITLE: Secretary Page 4 of 4 Mai, Danny From: City of Santa Ana <certificate-request@ctraxjdidata.com> Sent: Monday, October 16, 2023 8:19 AM To: Mai, Danny; afreire@allamericanasphalt.mm; EPICcerts@epicbrokers.com; Rubio, Elizabeth; Lopez, Fabian; Guerrero-Gabany, Gabriel; Krystall.padilla@allamericanasphalt.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 All American Asphalt Name: Project 22-6987 Number: Project Grand Avenue Rehabilitation From Warner Avenue To Edinger Avenue 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 COI DATE NUMBER DATE AUTOMOBILE LIABILITY BAP557108811 1 08/01/2024 08/14/2023 GENERAL LIABILITY DPC100585607 08/01/2024 08/14/2023 PROFESSIONAL LIABILITY DPC100585607 08/01/2024 08/08/2023 WORKERS COMPENSATION AND EMPLOYERS' WC593205710 08/01/2024 08/01/2023 LIABILITY Thank you, City of Santa Ana FILE NAME _COI _AAA _22- 6987_GL_AL_WC_Exp_08-. 01-24.pdf _COI _AAA _22- 6987_GL_AL_WC_Exp_08- 01-24. pdf 32119645.PDF 35008_COl.pdf Risk Management Division in partnership with CTrax Plus Services Team 10/16/2023 11:18 AM CITY OF SANTA ANA PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number Project No. 22-6987 Grand Ave Rehabilitation from Warner Avenue Change Order Number 1 to Edinger Avenue To All American Asphalt 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 COUNCILOR 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 removing and replacing four (4) ADA Ramps at St. Andrews PI. and Pomona St. (PCO #02) AGREED COST: $51,000.00 2. To compensate contractor for removing and replacing one (1) PCC Commercial Driveway per STD 1112 (PCO #03) AGREED COST: $22,904.00 3. To compensate contractor for installing three 2" conduit loops stub outs at the intersection of Grand & St. Gertrude (PCO #4) AGREED COST: $12,127.50 TOTAL AGREED COST: $86,031.50 Page 1 of 2 AT CITY OF SANTA ANA PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number Project No. 22-6987 Grand Ave Rehabilitation from Warner Avenue Change Order Number 1 to Edinger Avenue To All American Asphalt 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 MANArPR 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 $ 86031.50 By reason of this order the CONTRACT TIME completion will be adjusted as follows: Ten (10) 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 1 /29/2024 Contractor All American Asphalt By �yBe I Title James McGee Project Manager Approval recommended by f" ` �a i A Date k 12 Z% 2 --f- �PUBLICWORKSAGENCYEXECU IVE OIRECiOR / C/�L Approved by Dale ( �✓ EST: C17YMMAGER en le Page 2 of 2 Project Number Pr t0 To All American A CITY OF SANTA ANA PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER No. 22-6987 Grand Ave Rehabilitation from Warner Avenue Change Order Number 2 aerAvenue 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 JUSTIFICATION PUBLIC WORKS AGENCY 1. To compensate contractor for removing and replacing four (4) ADA Ramps and Sidewalk at Bristol St and Santa Clara Ave Intersection AGREED COST: $79,908.00 2. To compensate contractor for removal and replacing cross gutter at Bristol St and Santa Clara Ave Intersection AGREED COST: $78,691.00 TOTAL AGREED COST: $168,499.00 Page 1 of 2 ATTES' CITY OF SANTA ANA PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number Project No. 22-6967 Grand Ave Rehabilitation from Warner Avenue Change Order Number 2 to Edinger Avenue To All American Asphalt 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 $ 158,499.00 By reason of this order the CONTRACT TIME completion will be adjusted as follows: Twenty Five (25) 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 2/2/2024 Contractor All American Asphalt By Jawce-k M &#- Title dames McGee Project Manager Approval recommended —by - —aa 4' Date ZI W 2 �- UBLIC WORKS AGENCY EXECUTIVE DIRECTOR • Approved by / // Date CITY MANAGER ennife al City Clerk Page 2 of 2