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Home My WebLink AboutONYX PAVING COMPANY, INC. (FREMONT ELEMENTARY AND SPURGEON INTERMEDIATE SRTS)INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT CITY CLERK PROJECT NO.: 20-6964 ?Wh o')" oJAN " 9 2024 FREMONT ELEMENTARY AND SPURGEON INTERMEDIATE SRTS 0'. ltn Cra.Ha,.N ne,tAIF' This CONSTRUC'RON CONTRACT is made and entered into this 181h day of July, 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 Onyx Paving Company, Inc. (hereinafter "CONTRACTOR"). 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 Fremont Elementary and Spurgeon Intermediate SRTS 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 Two Hundred and Four Dollars and No Cents ($5,204,000.00), 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 Iump 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. I of3 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 20-6964 FREMONT ELEMENTARY AND SPURGEON INTERMEDIATE SRTS 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 timoframe therein specified alter 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: https://www.santa-aila.org(doruments/community-workforce-agreement/ 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°/o) 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, indenmify, 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 attomey'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, 2of3 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 20-6964 FREMONT ELEMENTARY AND SPURGEON INTERMEDIATE SRTS of any ottee obligations und* the Contract Documents; I (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: .,r APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: JOSE MONTOYA Assistant City Attorney de-NABIL SABA, PE Executive Director Public Works Agency CITY OF SANTA ANA -�4* Tom Fiatch Interim City Manager CONTRACTOR: Onyx Paving Company, Inc. NAME: Corey Kirschner Title: President 3 of 3 Mai, Danny From: City of Santa Ana <certificate-request@ctraxjdidata.com> Sent: Tuesday, December 19, 2023 9:44 AM To: ConstructionContracts; Hanna, Andrew; davidw@onyxpaving.com; jacksonh@onyxpaving.com;joshn@onyxpaving.com; Michael.tran@wgbib.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 Name: Onyx Paving Company, Inc. Project 20-6964 Number: Project 20-6964 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 AUTOMOBILE LIABILITY GENERAL LIABILITY PROFESSIONAL LIABILITY WORKERS COMPENSATION AND EMPLOYERS' LIABILITY POLICY EXPIRATION COI DATE FILE NAME NUMBER DATE City-of-Santa- Ana_Onyx-Paving- BAP106300605 10/01/2024 10/02/2023 Com_#1-2023-GL-WC- A_10-2- 2023_909412858_1.pdf City-of-Santa- Ana_Onyx-Paving- BCS2000426 03/14/2024 10/02/2023 Com_#1-2023-GL-WC- A_10-2- 2023_909412858_S.pdf Signed Letter of No WAIVER 05/25/2024 05/30/2023 Professional Liability.pdf WC106300505 10/01/2024 10/02/2023 City-of-Santa- Ana—Onyx-Paving- 1