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HomeMy WebLinkAboutALL AMERICAN ASPHALT (CAMPESINO AND MADISON PARK COOL PAVEMENT INSTALLATION)CITY OF SANTA ANA INSURANCE ON FILE CONSTRUCTION CONTRACT AGREEMENT W,-,RK +10AY PROCFFD UNTIL IINSU.'nANCE EXPIRES PROJECT NO.: 24-7529 & 24-7530 CAMPESINO PARK AND MADISON PARK CITY CLERK COOL PAVEMENT INSTALLATON DATE: OCT 0 2 N74 Nlobxr This CONSTRUCTION CONTRACT is made and entered into this day of August, 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 All American Asphalt, (hereinafter "CONTRACTOR"). 0= VWA(Z) WITNESSETH: miva Orfit(IeF) 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 Campesino Park and Madison Park Cool Pavement Installation 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 Two Hundred Thirty -Three Thousand Six Hundred Forty -Two Dollars ($233,642.00), 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. CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 24-7529 & 24-7530 CAMPESINO PARK AND MADISON PARK COOL PAVEMENT INSTALLATON . 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 allotice 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.pd 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. $ 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; (n) Performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of any of the obligations under the Contract Documents; 2 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 24-7529 & 24-7530 CAMPESINO PARK AND MADISON PARK COOL PAVEMENT INSTALLATON (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. 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. 11. FEDERAL FUNDING REQUIREMENTS. Contractor shall comply, and ensure all subcontractors comply, with all applicable regulations, policies, guidelines and requirements of the Community Development Block Grant (CDBG) program set forth by U.S. Department of Housing and Urban Development for sub -recipients including, without limitation, the funding requirements laid out in Appendix H, attached hereto and incorporated by reference. Contractor's attention is specifically directed to the following, which are each incorporated herein by this reference: (i) 2 CFR Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards). (ii) Program Income— 24 CFR Part 570.500(a)(1) (iii) Unused Program Income — 24 CFR Part 570.503(b)(3) (iv) Transfers of Program Income — 24 CFR Part 570.504(b)(2) (v) Disposition of Program Income — 24 CFR Part 570.504(c) (vi) Applicability of Uniform Administrative Requirements — 24 CFR § 570.502 (vii) Subpart K of the CDBG Regulations, commencing with 24 CFR § 570.600 (viii) Section 3 Requirements specified herein. (ix) Federal Contract Provisions specified herein. With respect to any conflict between such federal requirements and the terms of 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. Contractor shall be subject to the Davis -Bacon Act. The federal minimum wage rates are attached hereto as Appendix J, and incorporated herein by this reference. When the Davis -Bacon wage rates and California prevailing wage rates differ for similar kinds of labor, the Contractor shall pay not less than the higher rate. Contractor shall additionally comply with the applicable flow down terms and conditions of the CDBG Funding Agreement, which are attached hereto as Appendix I, and incorporated herein by reference. CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 24-7529 & 24-7530 CAMPESINO PARK AND MADISON PARK COOL PAVEMENT INSTALLATON 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 Indernnitee. 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: ��c n ;J;;� J SE MONTOYA Assistant City Attorney RECOMMENDED FOR APPROVAL: NABIL SABA, PE Executive Director Public Works Agency CITY OF SANTA ANA LVARO NUNEZ City Manager CONTRACTOR: All American Asphalt. NAME: dw d J. Carlson - TITLE: Vice President CITY OF SANTA ANA EXHIBIT A PROPOSAL PROJECT NO.: 24-7529, 24-7530 CAMPESINO PARK AND MADISON PARK - PARKING LOT REHABILITATION PROJECT BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: All American Asphalt 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 1 GRIND AND OVERLAY 2" AC 42,100 SF $ 3.43 $144,403 2 APPLY "COOL PAVEMENT" TO AC 42,100 SF $1.59 $ 66,939 3 PAINT CURB 787 LF $2.00 $1,574 4 PAINT STANDARD PARKING STALLS 118 EA $14.00 $1,652 5 PAINT HANDICAP ACCESSIBLE STALLS 6 EA $320.00 $ 1,920 6 INSTALL "UNAUTHORIZED VEHICLE" SIGN 2 EA $1,050 $ 2,100 7 REMOVE AND REINSTALL WHEEL STOPS 38 EA $135.00 $5,130 8 INSTALL DETECTABLE WARNING 2 EA $ 2,030 $4,060 9 INSTALL ACCESSIBILTYSIGN 4 EA $466.00 $1,864 10 AS -BUILT PLANS 1 LS $2,000 $ 2,000 11 PROJECT ADVERTISEMENT SIGN 1 EA $2,000 $ 2,000 TOTAL BASE BID $233,642.00 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). * 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 60 working days after the commencement date stated in the Notice to Proceed. The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $300 per calendar day. P-1 of P-16 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 24-7529, 24-7530 CAMPESINO PARK AND MADISON PARK - PARKING LOT REHABILITATION PROJECT Nance ofFinit All American Asphalt - Corporation Signature of BIDDER Title Edward J. Carlson, Vice President (If an individual. so state. If a fine or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President. Secretary, Treasurer and Manager, thereof.) Edward J. Carlson, Vice President Michael Farkas, Secretary Mark Luer, President P-2 of P-16 ,AcoR" CERTIFICATE OF LIABILITY INSURANCE DATE(MMfD01YYYY) 16-� 1 7/31 /2024 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 policy(ies) must have ADDITIONAL INSURED provisions 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 lion of such endorsement(s). PRODUCER CONTACT NAME; Certificates Department Edgewood Partners Insurance Center PHONE P.O. Box 5003 IAIC, No _E-MAIL San Ramon, CA �3 �� AODRES www.epicbrokers.com 14 LIG # 0 _ INSURM S AFFORDING CQOERAGE NAIL INSURER. ArcASQ9ci@1ty Insurance Citinpary 21199 INSURED AF 11111111 E a All American Asphalt P.O. Box 2229 Corona CA 92878 A o_mdnk TA ff AM eno INSURER , Z m Ca nC a 535 INSURE I -,reatAmeri Insurance Com an INSUF R D : 16691 INSO <ER E : 1.0or a t e dg-. %0 A— I a W %-f Ip DCVICIY%Pl Alllltll13CD. rr1VFRAf;FS r A II THIS IS TO CLRTIF HAT I INS NC D FN ISS I p A ABOV R P C PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONr.ITIC' J OF ANY CON T �) U E T EC T CH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE FF'.?pEp BY THE PO CI RIB ❑ H EI IS SUB C TO A TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN Mr;, HAVE BEEN REDUCED BY PAID CLAIMS. ILFR TYPE OF INSURANCE INSD ADDL WVDSUER POLICY NUMBER MM1��YIYYYY MML��ffYYYY LIMITS A ✓ COMMERCIAL GENERAL LIABILITY CLAIMS -MADE �✓ OCCUR DPC 100585608 8/1/2024 8/1/2025 EACH OCCURRENCE $1 000 000 GFN'L DAMAGE TO TED PREMISES (Ea olccu ence 5100,000 MED EXP (Anyone person) 5 PERSONAL & ADV INJURY 51,000,000 AGGREGATE LIMIT APPLIES PER: POLICY E]jEQ 7LOC OTHER: GENERALAGGREGATE 52,000,000 PRODUCTS - COMPIOPAGO $2,000,000 $ B AUTOMOBILE ✓ ✓ LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY ✓ AUTOS ONLY BAP557108812 8/1/2024 8/112025 EOa COMBINED $2000000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident)) $ PROPERTY DAMAGE Per accident $ C ✓ UMBRELLA LIAB ,/ EXCESS LIAR OCCUR CLAIMS -MADE TUE347483604 8/1/2024 8l112025 EACH OCCURRENCE $5 000 000 AGGREGATE $ 5 000 000 DED ✓ I RETENTION$10,080 Following -Farm $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y f NER ANYPROPRIETORIPARTNEMEXEOUTIVE OFFICEWMEMBEREXCLUDEO? ❑N (Mandatory in NH) It yes, describe under DESCRIPTION OF OPERATIONS below NIA WC593205711 8/1/2024 8/1/2025 ✓ SPER TATUTE OTH E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - FA EMPLOYEE $ 000 E.L. DISEASE - POLICY LIMIT 1 $ 1 000 BBB DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) #362371 RE: Campesino Park and Madison Park Parking Lot Rehabilftation Project 1 Certificate Holder is Additional Insured if Required by Written Contract Excluding Workers Compensation CERTIFICATE HOLDER CANCELLATION City of Santa Ana SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 20 Civic Center Plaza THE EXPIRATION DATE THEREOF- NOTICE WILL BE nELIVERED IN Santa Ana CA 92701 ACCORDANCE WITH THE POLICY PRC ItisieMntlxgffmdlDivisiwl AUTHORIZED REPRESENTATIVE i -., REVIEWED & APPROV®SY: Maleah Cantrell Risk Management SpeciMst O 1988-2015 ACORD ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD 81239842 1 24 r01 i Standard with Sdmm XS I Michael ,Yfendoza 1 7,3 L2024 11:19:51 A.M (PDT) l Page I of 11 Client#: 238866 ALLAMER31 ACORDT. CERTIFICATE OF LIABILITY INSURANCE FSAI.(MMIDDlYYYY) 8/06/2024 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 policy(ies) must have ADDITIONAL INSURED provisions 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAMEKathy Lopez Edgewood Partners Ins. Center°,NH , Ext: 909 919 7880 sA Np); 888.789.5971 (AI3633 Inland Empire Blvd E-MAIL kathy.lopez@epicbrokers.com Suite 640 Lic#OB29370 Ontario, CA 91764 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Steadfast Insurance Company 26387 INSURED All American Asphalt INSURER B ; PO BOX 2229 INSURER C : Corona, CA 92878-2229 INSURER D : . INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDLISUBR'' INSR WVD POLICY NUMBER POLICY EFF MM0DfYYYY) POLICY EXP (MMIDDIYYYYJ LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS -MADE OCCUR PREMISES Eaooc" ence $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ AGGREGATE LIMIT APPLIES PER: PRO - F1 GENERAL AGGREGATE $ GENTL POLICY JECT LOC PRODUCTS - COMPIOP AGG $ 3 OTHER: AUTOMOBILE LIABILITY I COMBINED SINGLE LIMIT Ea accident 5 BODILY INJURY (Per person) S ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS Bp❑iLY INJURY (Per accident) 5 HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE Per accident $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTIONS i $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS' LIABILITY Y I N E.L. EACH ACCIDENT S ANY PROPRIETORIPARTNERIEXECUTIVE OFFICERIMEMBER EXCLUDED? ❑ N I A E.L. DISEASE - EA EMPLOYEE S (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E_L, DISEASE - POLICY LIMIT I 5 A Contractor's CPLO12582103 08/01/2023 08101/2025 $2,000,000 Each Loss Pollution $2,000,000 Aggregate DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) #362371 RE: Campesino Park and Madison Park Parking Lot Rehabilitation Project 1 TE City of Santa Ana SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF 20 Civic Center Plaza ACCORDANCE WITH THE POLICY 7.77 Risk M gematf; DIMsian Santa Ana, CA 92701 AUTHORIZED REPRESENTATIVE ; I o RiEvEwED & APPROVED Sr -ift Risk Management Spedalist ©1988-2015 ACORDtumt-umm ACORD 25 (2016103) 1 of 1 The ACORD name and logo are registered marks of ACORD #S68273191M6827314 KLO01 19MU19 PO Box 5003 San Ramon, CA 94583 Phone: 925.244.7700 Fax: 925.901-0244 Email: EPICcerts@epicbrokers.com CERTIFICATE HOLDER: City of Santa Ana 20 Civic Center Plaza Santa Ana CA 92701 To: Whom it may concern Regarding: Notice of Cancellation Date Issued: 7/31/2024 Named Insured(s): All American Asphalt Policy Number(s): DPC100585608 BAP557108812 WC593205711 TU E347483604 Should the above described policy be cancelled before the expiration date thereof, we will mail 30 days written notice to the above referenced Certificate Holder; except, 10 days notice for non-payment of premium. Sincerely, Maleah Cantrell RiskMU&g~tnM8l0n ;y REVIEWED & APPROVED BY: 4� k4a , ®: Risk PAanagement Specialist epicbrokers.com edgewood partners insurance center ca icense 81239842124 [011 Standard with S5mm XS I Michael Mendoza 173 €r2024 11:18:51 AIM (PDF) I Page 2 of I I COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location(s) Of Covered Operations Or Organization(s): Any person or organization where the Named Any location where required by written contract or Insured has agreed to add as an additional insured agreement, provided the contract or agreement is by written contract or agreement, provided the executed prior to any "occurrence" or offense. contract or agreement is executed prior to any "occurrence" or offense Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section If — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person c 00, than a n o t h �s� e R1EkMmwgammtDMs1m s u b c o n t r a c REmEwED & APPRov® By. Risk M€anagement Spet:idllst - CG 20 10 04 13 © Insurance Services Office, Inc., 2012 8 1239842124 [011 Standard with 55mm XS I Michael Mendoza 1 7/3 €12024 11:18:31 AM (PDT) I Page 3 of 1 I performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: All other terms and conditions of this policy remain unchanged. Endorsement Number: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. This endorsement is effective on the inception date of this policy unless otherwise stated herein. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Policy Number: DPC100585608 Named Insured: All American Asphalt Endorsement Effective Date: 0810112024 REFERENCE: SCHEDULE: 4362371 RE: Campesino Park and Madison Park Parking Lot City of Santa Ana Rehabilitation Project/ „eR.we� Fisk Management DiMsion _ !3. RWewm & APPROVED BY. ® Risk Management Spea list CG 20 10 04 13 O Insurance Services Office, Inc., 2012 81239842124 [UI ] Standard with 55mm XS I Michael Mendoza I T31f2024 I I:18:51 ANI (PDT) I Page 4 or I I COMMERCIAL GENERAL LIABILITY C G 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Any person or organization where the Named Insured All locations where required by contract. has agreed to add as an additional insured by written contract or agreement, provided the contract or agreement is executed prior to any "occurrence" or offense Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section 11 — Who Is An Insured is additional insured. amended to include as an additional insured the person(s) or organization(s) B. With respect to the insurance afforded to shown in the Schedule, but only with these additional insureds, the following is respect to liability for "bodily injury" or added to Section III — Limits Of "property damage" caused, in whole or in Insurance: part, by "your work" at the location designated and described in the Schedule If coverage provided to the additional of this endorsement performed for that insured is required by a contract or additional insured and included in the agreement, the most we will pay on behalf "products -completed operations hazard". of the additional insured is the amount of insurance: However: 1. Required by the contract or 1. The insurance afforded to such agreement; or additional insured only applies to the extent permitted by law; and 2. Available under the applicable Limits of Insurance shown in the 2. If coverage provided to the Declarations; additional insured is required by a contract or agreement, the whichever is less. insurance afforded to such additional insured will not be This endorsement shall not increase the broader than that which you are applicable Limits of Insurance shown in required by the contract or the Declarations. agreement to provide for such -- Ride Muwganent DMsim RE%AFWLD & APPRov® Sr. o Rtsk tvlanagetnent Specialist CG 20 37 04 13 © Insurance Services Office, Inc., 2012 R 1239942 124 [011 Standard with Simm XS I Michael Mendoza 1 W31/2074 I I I& I AM (PDT) I page 5 of l € All other terms and conditions of this Policy remain unchanged. Endorsement Number: This endorsement is effective on the inception date of this policy unless otherwise stated herein. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Policy Number: DPCIO0585608 Named Insured: All American Asphalt Endorsement Effective Date: 08/01/2024 REFERENCE: SCHEDULE: #36237! RE: Campesino Park and Madison Park Parking Lot City of Santa Ana Rehabilitation Project 1 -- Risk ManagmiattDmsian %-VIEWED & APPRovED 8r. �l Risk Management Speci ist CG 20 37 04 13 © Insurance Services Office, Inc., 2012 8 i 2398d2 J 2d [Olt Standard with SSmm XS I Michael Mendoza J 7r31i2024 11:18:51 Aht (PDT} I Page 6 all COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (1) The additional insured is a Named Condition and supersedes any provision to the Insured under such other insurance; contrary: and Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: All other terms and conditions of this policy remain unchanged. REFERENCE: #362371 RE: Campesino Park and Madison Park Parking Lot Rehabilitation Project 1 (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. SCHEDULE: City of Santa Ana Endorsement Number: This endorsement is effective on the inception date of this policy unless otherwise stated herein. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Policy Number: DPC100585608 Named Insured: All American Asphalt Endorsement Effective Date: 08/01/2024 -- _ Ride Mowgetrtent Div dm REMEWeD & APfflaVM BY: Fi,,vd a Risk Management Spedalist CG 20 01 04 13 O Insurance Services Office, Inc., 2012 81239942124 [Oil Standard with S5n= XS 1 Michael Mendoza i 7r31r2024 11:18:51 ANI (PDT) I Page 7 of I I COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROD UCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Any person or organization where the waiver of our right to recover is permitted by law and is required by written contract or agreement, provided the contract or agreement is executed prior to any occurrence or offense Information required to complete this Schedule, if not shown above, will be shown in the Declarations. 1 The following is added to Paragraph 8. Transfer for injury or damage arising out of your ongoing Of Rights Of Recovery Against Others To Us operations or "your work" done under a contract of Section IV — Conditions: with that person or organization and included in the "products -completed operations We waive any right of recovery we may have hazard". This waiver applies only to the person against the person or organization shown in the or organization shown in the Schedule above. Schedule above because of payments we make All other terms and conditions of this policy remain unchanged. Endorsement dumber: This endorsement is effective on the inception date of this policy unless otherwise stated herein. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Policy Number: DPCIO0585608 Named Insured:All American Asphalt Endorsement Effective Date: 08/01/2024 REFERENCE: SCHEDULE: #362371 RE: Campesino Park and Madison Park Parking Lot City of Santa Ana Rehabilitation Project 1 e -pa-',Risk MougernatiDIMsim, REMEWED & APPttav® BY - Risk Hanagement Speddist CG 24 04 05 09 © Insurance Services Office, Inc., 2008 8 123984212S F0tJ Siandard with 55mm XS I Michael Mendoza 1713 1!2624 11:1851 AM (PDT) I Page 8 or I I POLICY NUMBER: BAP557108812 7131 /2024 COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided underthe following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Covorago Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: All American Asphalt Endorsement Effective Date:08/0112024 SCHEDULE Name Of Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION TO WHOM OR WHICH YOU ARE REQUIRED TO PROVIDE ADDITIONAL INSURED STATUS ON A PRIMARY, NON-CONTRIBUTORY BASIS, IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT EXECUTED PRIOR TO LOS5, EXCEPT WHERE SUCH CONTRACT OR AGREEMENT IS PROHIBITED BY LAW. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 SCHEDULE: City of Santa Ana OO Insurance Services Office, Inc , 2011 Risk M>zrlage..d vmsian REVIEWED & APPROVED BY: RIskR4anagementSpecjAist .: 81239342 124 t0[1 Standard with S5m XS I Michael Mendoza 17i3l72024 11:18:51 AM (PDT) I Page 9 of I I 7/31 /2024 POLICY NUMBER: BAP557108812 COMMERCIAL AUTO CA04441013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US {WAIVER OF SUBROGATION} This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: All American Asphalt Endorsement Effective Date: 08/01/2024 SCHEDULE Name(s) Of Person(s) Or Organization(s): ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. SCHEDULE: City of Santa Ana Risk Management Division RFMEWED&APPROV®$Y: Risk Management5pedAM CA04441013 c0 Insurance Services Office, Inc., 2011 91239842 124 t01� Standard wish 53mm KS I Michael Mendoza 1 7/31121124 11 :1661 AM (PDT) I Page 10 of I I WORKERS' COMPENSATION AND EMPLOYERS'LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT- CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 0 . 00 % of the California workers' compensation pre- mium otherwise due on such remuneration. Schedule Person or Organization Job Description ALL PERSONS AND/OR ALL CA OPERATIONS ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY FOR WORK PERFORMED BY YOU FOR THAT PERSON AND/OR ORGANIZATION SCHEDULE: REFERENCE: #36237 / RE: Campesino Park and Madison Park City of Santa Ana Parking Lot Rehabilitation Project 1 Policy Number: WC593205711 Named Insured: All American Asphalt Endorsement Effective Date: 08/01/2024 Risk Mxrugemo,tl)ivisiwi REVIEWED & APPROVED BY. WC 252 (4-84) Ruk Management Sped.gist WC 04 03 OS (Ed. 4-84) 81239842124 (01 j Standard with S5mm \S I Michael Mendoza 1 7/31,2024 1 L: t851 AM (PDT) I Page I I of i 1 t ' - CITY OF SANTA ANA ' i PUBLIC WORKS AGENCY * - CONTRACT CHANGE ORDER a ' � r tC4 Project Number Project No, 24-7529, 24-7530 Campesino and Madison Park Cool Change Order Number 1 Pavement Projects 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 EXTRA WORK AT AGREED PRICE 1. Madison and Campesino Park-to Compensate Contractor to Install temp striping and remove and replace wheel stops. Per PCO 1.1 Dated 1/9/2025 AGREED PRICE=$7,838.25 1. Campesino Park-To Compensate Contractor for Additional grinding and overlay due to unforeseen levels PCO 2 Dated 1/21/2025 AGREED PRICE=$19,084.62 TOTAL AGREED PRICE= $26,922.87 Page 1 of 2 ' ' ` ' CITY OF SANTA ANA ,..,&. : ,, - jai": PUBLIC WORKS AGENCY • CONTRACT CHANGE ORDER ' 1 r f i) w Project Number 24-7529, 24-7530 Campesino and Madison Park Cool Change Order Number 1 Pavement Projects 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 $ 26,922.87 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 2/11/2 0 2 5 Contractor All American Asphalt By — /� Title Augustine De Los Reyes, Project Manager 1 . ./ "/ NC)N.... Approval recommended by .4;° i.-I,,,,,_ �G Date 1 1 2 PUBLIC WORKS AGENCY EXECUTIVE DIRECTOR .___„0•04Approved by F C1 m../ Date j f (2- e-- CITY MANAGER Minh Thai Assistant City Manager Attest: ,, �+.' Date icl PaX5 ITY CLERK , >� .;.,,igi Page 2 of 2 PROJECT NOS.: 24-7529-MADISON PARK-24-7530 CAMPESINO PARK COOL PAVEMENT PROJECTS Contract Funding Authorization/Expenditures Summary Authorization Construction Contract $ 233,642.00 Construction Contingency $ 46,728.00 Additional Contingency (Contract Admin, $ 35,046.00 Insp. & Testing not spent) Total $ 315,416.00 Staff Authorized Expenditures Construction Contract $ 233,642.00 Change Order 1 $ 26,922.87 Total $ 260,564.87 Actual Expenditures Progress Payment 1 $ - Progress Payment 2 $ - Progress Payment 3 $ - Estimated Final Progress Payment (include CC $ - Total $ - V:\ParksFleetFacilities\Projects`PARKS_Park Projects-Maintenance\24-7529,24-7530 Campesino,Madison-Cool Pavement Projects\2 Construction\07.Change Order\24-7529,24 7530_Change Order Summary