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HomeMy WebLinkAboutCJ CONCRETE CONSTRUCTION (LEGACY SQUARE TRANSPORTATION IMPROVEMENTS)FRANCE ON FILE MAY-PRf CUP UNTIL INSURANCE EXPIRES CITY CLERK DATE: OCT 2 4 2024 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT22-9001 LEGACY SQUARE TRANSPORTATION IMPROVEMENTS This CONSTRUCTION CONTRACT is made and entered into this 20" 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 CJ Concrete Construction (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 acid complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the Legacy Square Transportation Improvements 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 One Million Four Hundred Thirty -Three Thousand Two Hundred Dollars and No Cents ($1,433,200.00), 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. rev.09101/2017 Page I of 3 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 timeframc 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 £or 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: littp://www.santa-ana.org/pwa/documents/CWA.pd CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by tine 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 (201A) 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 fiullest 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; Page 2 of 3 (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 Indetnnitee. 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:— JO E MONTOYA Assistant City Attorney RECOMMENDED FOR APPROVAL: C Digitally signed byNabiI N a b I I 1 S a b a Date: 2,24.0,.0, 11:48:18 -07,00, NABIL SABA, PE Executive Director Public Works Agency CITY OF SANTA s ALVARO NL City Manager CONTRACTOR: CJ CONCRETE CONSTRUCTION AMA: : JOHN SARNO TITLE. PRESIDENT Page 3 of 3 5 CITY OF SAN'TA ANA PROPOSAL PRO.I LCT NO.: 22-9001 LEGACY SQUARE TRANSPOWIATION IMPROVEMENTS BID PROPOSAL. TO: CITY COUNCIL OP THE CPrY OF SANTA ANA FROM: CJ CONCRETE CONSTRUCTION, INC. RFQUIREMBINT: 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 kind 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 Unclassified ) xcavatlon 480 CY $ $ 100.00 48,000.00 2 ACPavement 360 W $ $ 250.00 90,000.00 3 Asphalt RubberIlotMix 110 IN $W 130.00 $ 14,300.00 4 Exposed Aggregate PCC Median 260 SP $ 40.00 $ 10,400.00 5 PCC Curb Ramp 7,000 SF $ $ 35.00 245,000.00 6 PCC Curb & Guttcr (Type A-2-6) 340 LF $ 80.00 $ 27,200.00 7 PCC Sidewalk (1'-4") 5,800 SIk $ 13.00 S 73,400.00 8 PCC Cross •Gutter (w-6') 1,800 SF $ $ 30.00 54,000.00 9 PCC Alley Apron 430 SF $ 20.00 $ 9,600.00 10 PCC Driveway Approach 200 SP $ $ (Commercial T�8") 17 00 3,400.00 I I PCC Pavement 2 CY $ $ 300.00 600.00 12 Root Shave !8LL IiA $ $ 7,000,00 126,000.00 13 Adjust Wulor Valve FYame &Cover 7 LEA $ $ to Finished Grade 800.00 5,600,00 m Adjust Water Meter Frame&Cover 3 HA $ $ to Finished Grade 800.00 2,400,00 P-1 of P-19 CITY OF SANTA ANA PROPOSAL PROJLC'P NO.: 22-9001 LEGACY SQUARE TRANSPORTATION IMPROVEMENTS Item lleserihlion Qty, unit Unit Price Amount 15 AdjustNo. 6 Pull Box to Finished 10 L:A $ 3,000.00 30,000.00 Grade 16 Adjust Sewer Cleancut to Finished _ 5 LEA $ $ Grade 1,000.00 5,000,00 17 Paint CmbRed 300 LF $ 30.00 $ 9,000.00 I Project Advertisement Sign 4 1,500.00 6,000.00 19 Landscaping I LS $ $ 50,000.00 S0,000.00 20 Irrigation I us $ 80,000.00 $ 50,000.00 21 Park Borah I LS $ y 2,000.00 2,000.00 22 Park Sign I LS $ $ _ 800,00 800.00 23 131eotrical Meter Pedestal I BA $ $ 7,000.00 7,000,00 24 Trafticlmprovements 1 LS $ $ 300,000.00 300,000.00 25 Install Su•eet Light Pole 5 L'•A $ 33,500.00 $ 167,500.00 26 Install 3118 AWG Conductor Wires* 500 LF $ $ 8.00 4,000.00 27 Install 2"PVC Conduit* 400 LF $ $ 85.00 34,000.00 28 Pothole Stroet Light Pole Locations 5 ' A $ $ 1,000.00 5,000.00 29 �3D Pothole Utilities Not Showll on Plan 5 LA $ 1,000.00 $ 5,000.00 60-Day �,andseaphtg & Irrigation 1 LS $ $,000.00 $ 8,000.00 Maintenance Period 31 ConsirttctioaPermit I LS $13,000 $ 13,000.00 1'-2 01'P-19 CITY OF SANIA ANA PROPOSAL PROJECT NO.: 22-9001 LEGACY SQUARE TitANSPOWrATION IMPROVEMENTS TOTAL BASE BID (1�31) $ 1 tt'� v3J1 2_00 , 4 The lowest responsible bidder shall be selected based on Sthe total base bid. The City reserves the right to award the Base Bid, and ally, all, or none of the add -alternate bid items (if any), * The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the "25W limit as stated in Section 7.3.5 of the Standard Specifications. The actual 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, i This bid item is considered a Specialty Item per Section 3-2 of the Standard Specifications. TIME FOR COMPLETION OX± IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for (be total base bid amount shown above, within number (120) workingdays after the commencement date stated in the Notice to Proceed. Upon issuance of the Notice to Proceed, Contractor shall immediately place order for long -lead time items (Le,; Street lights, irrigation cabinet, irrigation controller, and irrigation components). The liquidated damages amount, in lieu of the amount specified in Subsection 6.9 of the Standard Specifications, shall be $1,730 per calendar day. NameofPirm CJ CONCRETE S RUCTION INC. Signature of BIDDER Title JOHN SARNO / RE ID NT (If all individual, so state. If a firm 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,) 1'-3 of P-19 ACORbF CERTIFICATE OF LIABILITY INSURANCE DATE (MMlDD/YYYY) F9i12r2024 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 lieu of such endorsement(s). PRODUCER NAME: Behr Insurance Services Inc. FAX PHONE, 888-988-2347 AIC, NoExt : (A/C, No): ADDRESS: set-vice@behrins.com 1420 F Los Angeles Ave #203 INSURER(S) AFFORDING COVERAGE NAIC H Suni Valley • CA 9306 IqDk Arevedo 10499 INSURED /ALeVeU0 UR RB: 0 Concrete Construction Inc 10142 SHOEMAKER AVE INSURER D r INSURER E : SANTA FE SPRNGS CA 90670-3404 INSURER F : COVERAGES CERTIFICATE NUMBER: RFvi,;inN NIIMRFR- 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. LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER {MMIDDIYYYY} (MMIDI IYYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS -MADE OCCUR PREMISES (EaTc,urrence} $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO. JECT POLICY ❑ PRO- ❑ LOC PRODUCTS - COMPIOP AGG $ OTHER: $ AUTOMOBILE LIABILITY (Ea accident) $ BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accidenq $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY (Per accident) $ $ UMBRELLA LIAB HCLAIMS-MADE OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB DED I I RETENTION$ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE FFICERIMEMBER EXCLUDED? �Y N r A y CTP1002477 05/08/2024 05/08/2025 STATUTE ER E.L. EACH ACCIDENT $ 1.000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes, describe under E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required? RE: Project 922-9001 Legacy Square Transportation Improvements Waiver of subrogation applies for workers compensation per attached WC 04 03 06 endorsement. TE HOLDER City Of Santa Ana 20 Civic Center P.O. Box 1988 Santa Ana, CA 92702 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PR( AUTHORIZED REPRESENTATIVE Jfta kaw fitter ©1988-2015 ACOR �- Ride MvvgwII D4vlslm7 REVIEWED& APPROVED BY: c i A+ju Ae4Nd Risk ManagementSpeciallst ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD �•. CITY OF SANTA ANA PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number Project No. 22-9001: Legacy Square Transportation Improvements Change Order Number 1 To CJ Concrete Construction, Inc. 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. Placement of 1.5° Header cut along Penn Way from Washington Ave. to 1-5 entrance per PCO #10 dated July 9, 2025. AGREED PRICE $163,420.00 2. Striping along Penn Way from Washington Ave. to 1-5 including 64 speed humps per PCO #11 dated July 8, 2025. AGREED PRICE $35,081.92 3. Replacement of 8 traffic loop detectors at 1-5 SIB ramps per PCO #16 dated July 22, 2025. AGREED PRICE $7,150.00 4. Localized repairs and utility adjustments along Penn Way from Washington Ave. to 1-5 Entrance per PCO #12 dated July 8, 2025. AGREED PRICE $81,016 5. Patio demolition at 216 W. 4th Street per PCO #7 dated January 21, 2025. AGREED PRICE $5,000.00 6. Cul-de-sac repair including Portland Cement Concrete (PCC), delineators, striping and two curb ramps at N. Lowell St. and Civic Center per PCO #15 dated May 1, 2025. AGREED PRICE $88,332.08 TOTAL AGREED PRICE =$380,000.00 Page 1 of 2 �•. CITY OF SANTA ANA fk R: PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number Project No. 22-9001: Legacy Square Transportation Improvements Change Order Number To CJ Concrete Construction, Inc. 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 $ 380,000.00 By reason of this order the CONTRACT TIME completion will be adjusted as follows: 0 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 09/26/2025 Contractor CJ Concrete Construction, Inc. By /u�t29S''e x i Title SUPERINTENDENT Approval recommended by Date 7 ?-Jr LIC W KS YEXE DIRECTOR Approved by 44" Date ITY MANAGER Attest: Date ` ( ►`5 ITY CLERK Page 2of2