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HomeMy WebLinkAboutR.J. NOBLE COMPANY (GRAND AVE REHAB FROM EDINGER AVE TO MCFADDEN AVE) INSURANCE ON FILE `VCI_X IrIm PROCEEL', L1I !iL i;.SQfthfr t 011Dl aU2to I'rr CLcX— — --�_--_._ CITY OF SANTA ANA c,,arL: BAR 2 5 2026 0_ 4wPke,) CONSTRUCTION CONTRACT yvyti`,ti„ p�fnirAQMAUV41) PROJECT 23-6700 GRAND AVENUE REHABILITATION FROM EDINGER AVENUE TO MCFADDEN AVENUE This CONSTRUCTION CONTRACT is made and entered into this -) day of March, 2026 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 R.J.Noble Company (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, Grand Avenue Rehabilitation from Edinger Avenue to McFadden Avenue(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 Nine Hundred Ninety-Four Thousand Five Hundred Seventy Dollars and No Cents ($994,570), as set forth and identified in the itemized BID PROPOSAL uploaded by the Contractor to PlanetBids, 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 04.m 2017 Page 1 of 3 4. CONTRACTOR agrees to complete the WORK OF IMPROVEMENT within the time specified in the Time for Completion of Improvements and Liquidated Damages section of the BID PROPOSAL (Exhibit "B") including commencing constniction 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. (, if applicable, the CONTRACTOR shalt adhere to the CITY'S Community Workforce Agreement (CWA),a fare-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, Santa Ana CWA 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(1001%) 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 attorneys 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, ofanv 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: CITY OF SA N A ANA ER A VARO NUNEZ City Clerk City Manager APPROVED AS TO FORM: SONIA R. CARVALHO CONTRACTOR.: City Attorney R.J.Noble Company ACO By:KYLE NELLESEN D VEAssistant City Attorney T RECOMMENDED FOR APPROVAL: C1567 cee Digitally signed by Rodolfa Rosas Rodolfo Rosa s DN-cn=osas;@oRta-a email=rrosas@sa nta-ana.org,a=US Date:2026.02.12 14:11:16-08'00' RODOLFO ROSAS, P.E. Acting Executive Director Public Works Agency Page 3 of 3 ,a►coRo® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDlYYYY) 2/10/2026 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 1NSURER(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 CONTACT NAME: Annette Romero Acrisure Southwest Partners Insurance Services, LLC PHONE 949-486-7904 FAX No: 611 Anton Blvd., Suite#1400 E-MAIL Costa Mesa, CA 92626 ADDRESS: aromero acrisure.com INSURER(S)AFFORDING COVERAGE NAIC# www.patrisk.com OK07568 INSURERA: Travelers Property Casualty Co of America A++XV 25674 INSURED INSURERB: Evanston Insurance Company A+ XV 35378 R.J. Noble Company 15505 Lincoln Avenue wsuRERc: P,O. Box 620 INSURER D: Orange CA 92856-9020 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER: 89209467 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. INSRLICY EXP LTR ADDLTYPE OF INSURANCE FNSD SUBR POLICY NUMBER MMIDDY� MMlDBr YYY LIMITS LTR A ✓ COMMERCIAL GENERAL LIABILITY ✓ ✓ VTJ-EXGL-9F338142-TIL-25 7/1/2025 7/1/2026 EACH OCCURRFNCE $1000000 CLAIMS-MADE OCCUR DAMAGE TO RENTED ✓ PREMISES Ea occurrence $1,000,000 $25,000 DED MED EXP(Anyone person) $5,000 PERSONAL&ADV INJURY $11,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $2,000,000 POLICY JEC LOC PRODUCTS-GOMPIOPAGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY VTC2E-CAP-9F338154-TCT-25 7/1/2025 7/9/2026 coMBINED SINGLE uMlr $ Ea accident 2,000,000 ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE $ ✓ AUTOS ONLY ✓ AUTOS ONLY Per a.d.nl A UMBRELLA LIAB �/ OCCUR CUP-4R630963-24-25 7/1/2025 7/1/2026 EACH OCCURRENCE $10 004 000 EXCESS LIAB CLAIMS-MADE Policy Follows Form Over AGGREGATE $10 004 000 10,000 Underlying General Liab. ❑ED ✓ RETENTION$ $ A WORKERS COMPENSATION ✓ UB-7N939386-25-25K 7/1/2025 7/1/2026 ,/ STATUTE ER AND EMPLOYERS'LIABILITY YIN No Deductible for Workers PER ANYPROPRIETORIPARTNERfEXECUTIVE E.L,EACH ACCIDENT $1,000,000 OFFICERIMEMBEREXCWDED? NIA Compensation (Mandatory in NH) E.L DISFASE-FA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1 000 000 B Contractors Pollution Liability MKLV5ENV104221 7/1/2023 7'112126 Ea Occ:$5,000,0001 Aggregate:$5,000,000 B Misc.Contractor's Professional Liab MKLV5ENV104221 7/1/2023 7/1/2026 Each Occurrence:$5 000 000 DESCRIPTION OF OPERATIONS!LOCATIONS!VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) Re:RJN#919761 Project#23-67001 Grand Ave.Rehabilitation from Edinger Ave to McFadden Avenue,Santa Ana,CA The City of Santa Ana,its City Council,its officers,officials,employees,agents and volunteers are named as Additional Insureds, coverage includes Primary and Non-contributory and Waiver of subrogation applies per endorsements attached as required by written contract.ExcesslUmbrella follows form *30 days for non-payment of premium,10 days for non-payment of premium. APPROVED CERTIFICATE HOLDER CANCELLATION ByTu Trarl Nguyen-et-4& 3am,Feb-as-a026 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 Civic Center Plaza ACCORDANCE WITH THE POLICY PROVISIONS. Santa Ana CA 92701 AUTHORIZED REPRESENTATIVE N / Dave Jacobson O 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 89209167 1 25(26 - GL/AtJ/EXC/WC - 23/26 POLL/PROF I Annette R.­­ i 2/10/2026 5:59:52 AM (PST) I Page 1 of 13 This certificate cancels and supersedes ALL previOUSly issued certificates.