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HomeMy WebLinkAboutTOWO ENTERPRISE INC. (ALLEY IMPROVEMENTS PROGRAM)INSURANCE ON FILE WORK MAY PROCEED UNTIL INSU1A4,EEXXXPIREESS CITY OF SANTA ANA aTEC I 0 2025 CONSTRUCTION CONTRACT PROJECT 24-6910 ALLEY IMPROVEMENTS PROGRAM 0' 4 0) This CONSTRUCTION CONTRACT is made and entered into this 19s' day of November, 2024 by and 01,,d Ma (h between the City of Santa Ana, California, a charter city and municipal corporation organized and existing 16) under the Constitution and laws of the State of California (hereinafter "CITY"), and Towo Enterprise Inc. (hereinafter "CONTRACTOR"). 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 Alley Improvements Program 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 Five Hundred Seventy -Six Thousand and No Cents ($1,576,000.00), 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 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. MV. 091012017 Pagel 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 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. G. 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.orul/wa/documents/CWA.pdf 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 famished (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 "Indeamitees"), 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 Indemnitee. IN WITNESS WIIEREOF, the parties hereto have executed this Construction Contract on the day and year fist above written. ATTEST: APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Kgffh Nellesen Assistant City Attorney RECOMMENDED FOR APPROVAL: Digitally signed by Nabil N a b i l Saba pate: 2024.11.01 15:48:50 - NABIL SABA, PE Executive Director Public Works Agency CITY OF SANTA ANA Minh Thai Assistant City Manager CONTRACTOR: Towo Enterprise Inc. G_ NAME: Yun S � hung TITLE: Presid nt Page 3 of 3 Exhibit A CITY OF SANTA ANA PROPOSAL PROJECT NO.: 24-6910 ALLEY IMPROVEMENTS PROGRAM BI.P.._PRO1�0S. AL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: TOWO ENTERPRISE INC_ 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: Qty Price I Amount 1 Unclassified Excavation* 2,100 CY $ 120.00 252,000.( 2 PCC ­ABey with (3-5ay) Cure k 1,700 CY $ $ Dowels* 6%00 1,105,000 3 &r ihcd Misccllaneous Base (CMM)* 300 80.00 24,000.00 4 PCC Ailey Apron (T=g") with (3-Day) 3,300 SF $ $ Cure* 30.00 99,000.0( 5 Asphalt Concrete Slot Patch for Alleys* 200 TON $ $ 225.00 45,000.0( 6 Furnish and Install 11r Thick by If Wide 350 LF $ $ Polyfoam 50.00 17,500.0( 7M Signing&Striping I LS $ $ 20,000.00 20,000.0( 8 Adjust Existing Pallbox Frame and Cover 1 EA $ $ to Finished Grade* 1,200.00 1,200.00 9 Project Advertisement Stgn 2 EA $ $ P-1 ofP-18 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 24-6910 ALLEYIMPROVEMENTSPROGRAM TOTAL BASE BIB $1 576,000.00 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), * 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 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. j This bid item is considered a Specialty Item per Section 3-2 of the Standard Specifications. TIME FOR COM LETION OF TN/IP OVE TS AND LI UIDATED D E The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within number (4D1 workin days 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 (polyfoam). Work shall be completed by JANUARY 1712025. The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $4,620 per calendar day. Name of Firm TOWO ENTERPRISE INC Signature of BIDDER Title YUN SU CHUNG I PRESIDENT, YUN SU CHUNG"VCRETARY,YUNSUGHUNGITREASURER YUNSU CHUNGIMANAGER (If an 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.) P-2 ofP-18 ACORO�' CERTIFICATE OF LIABILITY INSURANCE '111 DATE(MM/ODYVVY) 2n/2025 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 Burnham Risk & Insurance Solutions 15901 Red Hill Ave, Ste 100 Tustin CA 92780 CONTACT NAME: Charlotte Mercer PHONNo,E . 714-439-3581 ac No:714-573-1770 aooness: charlotte.mercer w bib.com INSURERS AFFORDING COVERAGE NAICR INSURER A: Great American Insurance Com a 16691 Ucensu OF69771 INSURED HARD&HA-02 Hardy & Harper, Inc. Inc. 32 Rancho Circle INSURER B : BITCO National Insurance Com a 20109 INSURER C: Great American Excess & Sur lu 37532 INSURER D : Lake Forest CA 92630 INSURER E NSURER F: COVERAGES CERTIFICATE NUMBER: 1456340530 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 TYPEOFINSURANCE ADDL 1= SUBR MDPOLICYNUMBER POLICY EFF MMIDDNYYV) POLICY EXP fMM!DD1YYYYI LIMITS B X COMMERCIAL GENERAL LIABILITY CLAIMS-MADEIT] OCCUR Y Y CLP3742815 4/15/2024 4/15/2025 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED PREMISES i occurrence $100,000 MED EXP (Any oneperson) $5,000 PERSONAL & ADV INJURY $1,000,000 GENL AGGREGATE LIMIT APPLIES PER: POLICY JE� LOG GENERALAGGREGATE $2,000,000 PRODUCTS-COMP/OP AGO $2,000,000 $ OTHER: B AUTOMOBILE LIABILITY Y V CAP3742814 4/15/2024 4/15/2025 Ea eBINED SINGLE -LIMIT $1,000,000 X BODILY INJURY (Per parson) $ ANY AUTO OWNED SCHEDULED AUTOS ONLYMAUTOS HIRED NON-OWNEDPROPERTYDAMAGEAUTOS ONLYAUTOS ONLY BODILY INJURY Per accident ( I $ X Per oxidant $ A MBRELLA LIAB X OCCUR TUE 4369837-02 4/15/2024 4/15/2025 EACH OCCURRENCE $2,000,000 4XEXCESS AGGREGATE $2,000,000 LIAB CLAIMS -MADE ED RETENTION$ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANVPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? N/A Y WC 3 743 729 4/15/2024 4/15/2025 X STATUTE EOq E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $1.000,000 (Mandatory in Ni If yes, describe under E.L. DISEASE- POLICY LIMIT $1,oao,000 DESCRIPTION OF OPERATIONS below C Professional Liability Pollution Liability PCM E502853 04 4/15/2024 4/15/2025 Each Occurrence Annual Aggregate 1,000,000 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) General Liability Additional Insured, Primary and Noncontributory, and Waiver of Subrogation applies per attached endorsements. General Liability Aggregate limit per project applies per attached endorsements. Auto Liability Additional Insured, Primary and Noncontributory, and Waiver of Subrogation applies per attached endorsements. Work Comp Waiver of Subrogation applies per endorsement WC040306. 30 day Notice of cancellation applies per attached endorsements. RE: Project # 25-6711 Civic Center Rehabilitation The City of Santa Ana, its City Council, officers, officials, employees, agents and volunteers are included as Additional Insured as respects General Liability per attached endorsement. A CERTIFICATE HOLDER APPROVED CANCELLATION By Tu Train Nguyen at 12:09 pm, Feb 07, 2025y SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Santa Ana Tu TranepO„ gnee ACCORDANCE WITH THE POLICY PROVISIONS. Attention: Public Works Agency Nguye 20 Civic Center Plaza, M-22 1E_s9ear AUTHORIZED REPRESENTATIVE n Santa Ana CA 92701 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD