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HomeMy WebLinkAboutOPTIMA RPM, INC. (SANTA ANA ZOO EDUCATION HUB BUILDING A - PHASE 1) INSURANCH ON HLE `°WJRK MAY PROCH 7 vtiJ'��. � ��fn�.: EXHIBIT 3 10 2 - CI Y CLERK - - OAT E. OCT 3 0 2025 CITY OF SANTA ANA o:Qw0%(Z) CONSTRUCTION CONTRACT AGREEMENT �AipQA Kart-ih&z (DO PROTECT 23-2601 SANTA ANA ZOO EDUCATION HUB BUILDING A—PHASE l This CONSTRUCTION CONTRACT is made and entered into this 16a'day of September, 2025 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 Optima RPM, Inc. (hereinafter"CONTRACTOR"). WITNES SETH: 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 Santa Ana Zoo Educational Hub Building A—Phase 1 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 Three Million Five Hundred Sixty-Three Thousand Two Hundred Sixty-Four Dollars and Twenty-Nine Cents ($3,563,264.29), 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. rev.08/01/2023 Page 1 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. 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: httl)://www.santa-atia.orL,/pwa/docui-nents/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. 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 "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 Indemnitee. IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: „Nr CITY OF SANTA ANA NNIFE L LVARO NUNEZ City Clerk City Manager APPROVED AS TO FORM: SONIA R. CARVALHO CONTRACTOR: City Attorney Optima RPM, Inc. y: - KYLE NELLESEN NAME:Mohamed Mamoun Assistant City Attorney TITLE: President RECOMMENDED FOR APPROVAL: Rodolfo digitally signed by Rodolfo Rosas R O S S Date:2025.08.28 11:28:37-07'00' RODOLFO ROSAS,P.E. Acting Executive Director Public Works Agency Page 3 of 3 ACC)REP CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD1YYYY) 9/30/2025 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 NONTAUT AME: Pasadena Office SullivanCurtisMonroe Insurance Services(Pasadena) PHONE E 949-250-7172 FAX Na: 949-852-9762 2010 Main Street E-MAIL Suite 700 ADDRESS: Irvine, CA 92614 INSURERS AFFORDING COVERAGE NAIC# www.SullivanCurtisMonroe.com License#OE83670 INSURERA: Great American Assurance Co. AM Best A+XV 26344 INSURED INSURER B: Nationwide General Insurance Company AM Best V 23760 Opptima RPM, Inc. INSURERC: RSUI IndemnityCompany AM Best A++XIV 22314 17945 Sky Park Circle, Bldg 34, Ste. D Irvine CA 92614 INSURERD: Underwriters at Lloyds,London INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER: 87479229 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. 1LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER MMID�Y EFF MMID�YIYYYY LIMITS A �/ COMMERCIAL GENERAL LIABILITY ✓ ,/ GLP 5775748 5/9/2025 6/912026 EACH OCCURRENCE $1 000 ODD CLAIMS-MADE OCCUR DAMAGE TO RE TED PREMISES Ea occurrence $100 000 MHD EXP(Any one person) $Excluded V.$5,000 BIIPD Ded per OCC. PERSONAL&ADV INJURY $1 00Q 000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY ✓�JE LOC PRODUCTS-COMPIOPAGG $2000000 OTHER: $ 13 AUTOMOBILE LIABILITY ✓ ✓ ACPBA017845445336 5/9/2025 5/9/2026 CO Es auddentSINGLE LIMIT $1 000,000 ANY AUTO BODILY INJURY(Per person) $ OWNED SULEn AUTO BODILY INJURY(Per accident $ AUTOS ONLY AUTOS ) HIRED NON-OWNED PROPERTYDAMAGE AUTOS ONLY AUTOS ONLY Per acoldent $ $ C UMBRELLA LIAB N OCCUR ✓ ✓ NHABO6623 5/9/2025 6/9/2026 EACH OCCURRENCE $5 000 ODD ✓ EXCESS LIAR CLAIMS-MADE AGGREGATE $5 OD0 000 DED I ✓ RETENTION$0 $ WORKERS COMPENSATION I PER DTH- AND EMPLOYERS'LIABILITY Y r N STATUTE ER ANYPROPRIETORIPARTNERIEXECUTIVE E.L.EACH ACCIDENT $ OFFICERIMEMBEREXCLUDED4 N I A (Mandalory In NH) E.L,DISEASE-EA EMPLOYEE $ If yes,descdbe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Excess Liability EXC 5775749 5/9/2025 5/9/2026 $3,000,000 xs$5,000,000 D Professional Liability ANE156998625 6/9/2025 6/9/2026 $1,000,000 Each Claim 1$2,000,000 Aggr Claims Made and Reported Retention$5,000 Per Claim Retroactive Date:5/9/19 Max Total Retention 15 000 A r DESCRIPTION OF OPERATIONS 1 LOCATIONS[VEHICLES(ACORD 401,Additional Remarks Schedule,may be attached If more space is required) City of Santa Ana,its City Council,officers,officials,employees,agents and volunteers are named as additional insureds per attached endorsements Waiver of subrogation applies per attached endorsements.Coverage applies on a primary noncontributory basis per attached.30 day notice applies per attached endorsoment.Excess Llabilily is follow fDrm. ; D191tallystgned Tu TrariLbYTuTran ''Nguyen Nguyen09,3a38-07E' APPROVED CERTIFICATE HOLDER CANCELLATION By Iran Ng a at 9 31.am Oct 21,2025 Clt Of Santa Ana SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION ATE THEREOF,Its officers, agents, and employees ACCORDANCE WITH THE POLICY PROVISIONS NOTICE WlLL BE DELIVERED IN 20 Civic Center Plaza Santa Ana CA 92701 AUTHORIZED REPRESENTATIVE Kathy Roberge ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 87479229 1 OPTIMRPM 1 25-26 GL/CAU/XLS/PRF I Ellie Mendoza 1 9/30/2025 4:39:30 PM (PDT) I Page I of 12 a P ATE(MM1DDNYYYJ ACC)® CERTIFICATE OF PROPERTY INSURANCE 10/17I2025 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. PRODUCER NCONTACT ME CT Pasadena Office SullivanCurtisMonroe Insurance Services(Pasadena) PHONE FAX 2010 Main Street AIC No, e Ext: 949-250-7172 Ale.No):949-852-9762 Suite 700ADDRESS: Irvine, CA 92614 CUSOTOMERID: OPTIMRPM www.SullivanCurtisMonrae.com License#OE83670 INSURER(S)AFFORDING COVERAGE NAIL# INSURED INSURER A:The Hanover nsurance Company 22292 Opptuna RPM, Inc. INSURERB: 17945 Sky Park Circle, Bldg 34, Ste.D Irvine CA 92614 INSURERC: INSURER D: INSURER E; INSURER F: COVERAGES CERTIFICATE NUMBER: 87687072 REVISION NUMBER: LOCATION OF PREMISES I DESCRIPTION OF PROPERTY(Attach ACORD 101,Additional Remarks Schedule,IF more space is required) 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 TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION COVERED PROPERTY LIMITS LTR DATE(MM001YYYY) DATE(MMOD/YYYY) PROPERTY BUILDING $ CAUSES OF LOSS DEDUCTIBLES PERSONALPROPERTY $ BASIC BUILDING BUSINESS INCOME $ BROAD CONTENTS EXTRA EXPENSE $ SPECIAL RENTAL VALUE $ EARTHQUAKE BLANKET BUILDING $ WIND BLANKET PERS PROP $ FLOOD BLANKET BLDG&PP $ $ INLAND MARINE TYPE OF POLICY At Project Site $3 529 064 Builders Risk V Catastrophe $3 529 064 POLICY NU MHER A IH3M17919300 1012012025 10/20/2026 J Soft Costs $50 000 CAUSES OF LOSS Deductible-PerOcc $5 000 NAMED PERILS Water Damage Ded $25 000 All Risk EQ/EQSL&FL are excluded Valuation:FJC $ CRIME r $ TYPE OF POLICY APPROVED, _,__ $ Qy Ty_Tran Nguyen at 9:3r.afrr,0,(21,2025 $ BOILER&MACHINERY $ EQUIPMENT BREAKDOWN $ i $ SPECIAL CONDITIONS!OTHER COVERAGES(ACORD 101,Addlllonal Remarks Schedule,may be attached If more space Is required) CERTIFICATE HOLDER CANCELLATION MORTGAGEE LOSS PAYEE LJ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Santa Ana its officers,agents and employees 20 Civic Center Plaza AUTHORIZED REPRESENTATIVE Santa Ana CA 92701 -146 r Kathy Roberge ©1995-2015 ACORD CORPORATION. All rights reserved. ACORD 24(l2016/0311 The ACORD name and logo are registered marks of ACORD 07r87072 I OPTIMRPM 1 2s-26 BCR - City of Santa Ana Proj only I D:Iiie Mendoza 1 10/1712025 12t49:52 PM (PPT) I Page 1 Of 1