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Home My WebLink AboutEVOLUTION LANDSCAPING INC. (JEROME PARK SPORTS FIELD IRRIGATION)INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES 3II 12o2,4 _ CITY CLERK DATE_ MAR 2 7 2024 D" PWW'La) CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 22-2768 Jerome park Sports Field Irrigation This CONSTRUCTION CONTRACT is made and entered into this 25th day of January, 2024 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 Evolution Landscaping Inc. (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 Jerome park sports field irrigation project (hereinafter referred to as the "WORK OF IMPROVEMENT") identified in and in accordance with the Contracts 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 • BidBond • 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 Two Hundred Fourty-Eight Thousand Four Hundred Eighty -Three and No Cents ($248,483), 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. 1 of4 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 22-2768 Jerome park Sports Field Irrigation 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 fttlly described in the CWA. The CWA may be found on the City's website at: http://www.santa-ana.org/pwa/documents/CWA.pdf 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. California Air Resources Board ("CARS") Compliance Contractor shall comply, and shall ensure all subcontractors comply, with all applicable requirements of the most current version of the regulations imposed by California Air Resources Board ("CARB") including, without limitation, all applicable terms of Title 13, California Code of Regulations Division 3, Chapter 9 and all pending amendments ("Regulation"). ii. Throughout the WORK OF IMPROVEMENT, and for three (3) years thereafter, Contractor shall [Hake available for inspection and copying any and all documents or information associated with Contractor's and its subcontractors' fleets including, without limitation, the Certificates of Reported Compliance ("CRCs"), fuel/ref ieling records, maintenance records, 2 of 4 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 22-2768 Jerome park Sports Field Irrigation emissions records, and any other information the Contractor is required to produce, keep or maintain pursuant to the Regulation upon two (2) calendar days' notice from the City. iii. Contractor shall be solely liable for any and all costs associated with compliance with the Regulation as well as for any and all penalties, fines, damages, or costs associated with any and all violations, or failures to comply with the Regulation. Contractor shall defend, indemnify and hold harmless the City, its officials, officers, employees and authorized volunteers free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Regulation. 11. 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; (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. [Signatures on the following page] 3 of 4 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 22-2768 Jerome park Sports Field Irrigation 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 By: I l J E MONTOYA V Assistant City Attorney RECOMMENDED FOR APPROVAL: a�&4sti NABIL SABA, PE Executive Director Public Works Agency CITY OF SANTA ANA zo'� Z�* TOM HATCH Interim City Manager CONTRACTOR: Company: Evolution Landscaping Inc. NAME: Salvador Ibarra Title: President 4 of 4 CITY OF SANTA ANA PROPOSAL Exhibit A PROJECT NO.: 22-2768 JEROME PARK IRRIGATION BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: 'VVDIU�1'W LgV&XCtp(M t W REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the following schedule: Item Description Qty Unit Unit Price Amount I Site Demolition 1 LS $ g(1p,5oo lP,5o0 2 Project Advertisement Sign 1 EA $ g 11000 11000 3 Irrigation Complete System I LS $ $ ,6211S Landscaping and Irrigation Maintenance I LS $ $ Period (90) Calendar Days 10,000 ( 0 t 000 5 As -Built plans I LS $ 3,000 $ 3.000 6 Construction Permit I LS $ 10,00n $ 10.000 7 Furnish and Install Temporary 6' Tall Chain I LS $ $ Link Fence to Secure the Park including Gate) 1$1000 (g, 000 8 New Sod adjacent to baseball infield X LS $ $ (kikuyu) grass 1500 5F $ �2t 000 9 Baseball Infield Mix X LS $ $ toot Sf 5•go 5 $do TOTAL BASE BID $ 2_4 $ The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add -alternate bid items (if any). r The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the'25%" limit as stated in Section 3-2 of the Standard Specifications. The actual P-6 of P-22 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 22-2768 JEROME PARK IRRIGATION amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. t This bid item is considered a Specialty Item per Section 3-2 of the Standard Specifications TIME FOR COMPLETION OF IMPROVEMENTS AND LIOUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within Sixty (60) working days after the commencement date stated in the Notice to Proceed plus (90) calendar days for landscaping and irrigation maintenance period. The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $1,335 per calendar day. Name Signat Title (If ani all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) P-7 of P-22 Construction Agreement - Evolution Landscaping Inc. - Jerome Park Sports Field Irrigation Reno. - 335452.00 (002) Final Audit Report 2024-02-23 Created: 2024-02-22 By: Kristin Andrade (kandrade@santa-ana.org) Status: Signed Transaction ID: CBJCHBCAABAACEhcEhvN-077GRiBigQar7VDVibtkhyS "Construction Agreement - Evolution Landscaping Inc. - Jerome Park Sports Field Irrigation Reno. - 335452.00 (002)" History Document created by Kristin Andrade (kandrade@santa-ana.org) 2024-02-22 - 9:23:33 PM GMT 174 Document emailed to Kathryn Downs (kdowns@santa-ana.org) for signature 2024-02-22 - 9:23:50 PM GMT Email viewed by Kathryn Downs (kdowns@santa-ana.org) 2024-02-23 - 0:13:1 S AM GMT d„ Document e-signed by Kathryn Downs (kdowns@santa-ana.org) Signature Date: 2024-02-23 - 0:13:42 AM GMT - Time Source: server Agreement completed. 2024-02-23 - 0:13:42 AM GMT 0 Adobe Acrobat Sign Rodriguez, Teresa From: Aguirre, Jonathon Sent: Tuesday, February 13, 2024 8:35 AM To: Rodriguez, Teresa Subject: FW: Internal Notice of Compliance FYI. From: City of Santa Ana <certificate-request@ctrax.jdidata.com> Sent: Tuesday, February 13, 2024 8:34 AM To: office@evolutionLP.com; Reyes, Erendida <EReyes@santa-ana.org>; Aguirre, Jonathon <jaguirre@santa-ana.org> 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: p gIn° Evolution Landscaping, Inc Project Number: 22 2768 Project Name: Jerome park Sports Field Irrigation The Certificate of Insurance (COI) submitted indicates that the coverages comply with the insurance requirements. The compliant coverage(s) are: TYPE OF INSURANCE POLICY NUMBER EXPIRATION C01 DATE FILE NAME DATE City of Santa AUTOMOBILE LIABILITY SPP1775133 01/19/2025 02/12/2024 Ana -Evolution 22-2768.pdf GENERAL LIABILITY AES123765000 11/27/2024 12/05/2023 COI.pdf WORKERS COMPENSATIONANDEMPLOYERS' LIABILITY TbyC4229976 03/01/1014 11/05/1013 COl.pdf No further action is required at this time. Thank you, CITY OF SANTA ANA PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number Project No. 22-2768 Jerome Park Sports Field Irrigation Renovation Change Order Number To Evolution Landscaping, and Plumbing. 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 EXTRA WORK AT AGREED PRICE 1. Field #1 & 3 add 1" Rainbird Quick coupling per PCO#01. AGREED PRICE = $1,750.00 2. Upgrade to Rainbird 6504 Rotors per PCO #2 AGREED PRICE = $ 575.00 3. Install Backflow Enclosure with Concrete at bathrooms per PCO #3 AGREED PRICE = $3,800.00 4. Run Pipe to adequate depth Along Recreational Center-160 LF per PCO #4 AGREED PRICE = $2,300.00 5. Remove 2" Backflow and Provide and Install 3" Backflow.Remove Existing Concrete Pad and Replace with Larger Concrete Pad. Remove existing backflow enclosure and provide and install new per PCO #5 AGREED PRICE = $10,050.00 TOTAL AGREED PRICE = $18,475.00 Page 1 of 2 CITY OF SANTA ANA PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number Project No. 22-2768 Jerome Park Sports Field Irrigation Renovation Change Order Number 1 To Evolution Landscaping and Plumbing Contractor You are hereby directed to make the herein changes from the plans and specifications or do the following descdbed 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 $ 18 475.00 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 04/03/2024 Contractor Evolution Landscaping Inc. By Sdez �6. 1 Tille President Approval recommended by µt", ko-41 !�6 Date PUBLICINORKS ENCYEXECUTIVE ECTOR Approved by Date 3 L C CITYMANAGER n,,^ Attest. Date ITYCLERK Page 2 of 2 CITY OF SANTA ANA PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number Project No. 22-2768 Jerome Park Sports Field Irrigation Renovation Change Order Number 2 To Evolution Landscaping and Plumbing. 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 EXTRA WORK AT AGREED PRICE PUBLIC WORKS 1. Upgrade Existing Controllers to CALSENSE per PCO #16917. AGREED PRICE = $68,241.000 TOTAL AGREED PRICE = $68,241.00 Page 1 of 2 CITY OF SANTA ANA PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number Project No. 22-2768 Jerome Park Sports Field Irrigation Renovation Change Order Number 2 To Evolution Landscaping and Plumbing 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 $ 68,241.00 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 5/29/2024 Contractor Evolution Landscape and Plumbing. By f ez C'/6a rm Title President Approval recommended by K 1 4 4k Date PUBLICINORKKSS jGENCYEXEC VEDIRECTOR Approved by " V- Date CITYMANAGER Attest: _ Date CI7Y CLE F Page 2 of 2