HomeMy WebLinkAboutLOS ANGELES ENGINEERING, INC. (WARNER AVENUE IMPROVEMENTS) {i\-SLJPv',Ni„t ;j-N FILE
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MAY 1 1 2026 CITY OF SANTA,ANA
°' 2) CONSTRUCTION CONTRACT
►�1`G�1 DI(ti q L o CD z) PROJECT 18-6901,20-6971,23-6628 AND 26-6427
WARNER AVENUE IMPROVEMENTS
This CONSTRUCTION CONTRACT is made and entered into this 21st day of April, 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 Los Angeles
Engineering, Inc (hereinafter "CONTRACTOR").
WITNESSETH:
The CITY and the CONTRACTOR, for the consideration hereinafter named,mutually agree as follows:
I. 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, Warner Avenue Improvements (Oak Street to Grand Avenue),
Warner Avenue Protected Bike Lanes, Warner Flood Protection Improvements, and Warner Water
Main Improvements(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
• Informa€ion 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 he 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 Twenty-One Million One Hundred Ninety
Thousand and Zero Cents ($21,190,000.00), 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".
rm 09101r20t7 Page I of 4
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.
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 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 frilly described in the CWA. The CWA may be found on the City's website
at: City of 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(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.
S. 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 ofproject 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.
g. 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• I NDEMNIFICATION.
To the fullest extent allowed by law, CONTRACTOR and its Subcontractors hereby agree to defend,
inden7nify, and hold harmless CITY, its City Council, boards and commissions, officers, agents,
employees, representatives and volunteers (hereinafter collectively referred to as "I:ndemnitees"),
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:
Page 2 of 4
(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;
(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 Iower
tier, for WorIc 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 Indernnitee.
11.FEDERAL PROVISIONS.
Funds from the Coronavirus State Fiscal Recovery Fund and/or the Coronavirus Local Fiscal Recovery
Fund, together known as the Coronavirus State and Local Fiscal Recovery Funds ("CSLFRF")
program, will be used to fund all or a portion of this Construction Contract. CONTRACTOR shall
comply with all applicable federal requirements including, but not limited to, the following, all of
which are expressly incorporated herein by reference:
a. Sections 602 and 603 of the Social Security Act as added by Section 9901 of the American Rescue
Plan Act of 2021 (the"Act");
b. U.S. Department of the Treasury("Treasury") Final Rule for the Act;
c. Treasury Compliance and Reporting Guidance for the Act;
d. 2 C.F.R Part 200 — Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards, other than such provisions as the U.S. Department of the
Treasury may determine are inapplicable to the CSLFRF program and subject to such exceptions
as may be otherwise provided by the U.S. Department of the Treasury;
e. Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions; and
f Federal contract provisions attached hereto as Exhibit"A" and incorporated herein by reference.
Subcontracts, if any, shall contain a provision making them subject to all of the provisions stipulated in
tis 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.
Page 3 of 4
IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and
year first above written.
ATTEST: CITY PF SANT A ANA
N.
E L ALVARO NUNEZ
City Clerk City Manager
APPROVED AS TO FORM:
SONIA R. CARVALHO CONTRACTOR:
City Attorney Los Angeles Bering, Inc,
By: x4e,
`
[ E NELLESEN BY: '
Assistant City Attorney TITLE: Vice President/Secretary
RECOMMENDED FOR APPROVAL:
❑igitally signed 6y Rodolfo Rosas
Rodolfo Rosas DN.cn=Rodolfo Rosas,
email=rrosasCmsanta-ana.nrg,r=115
Data;2020.04.13 093025-07'00'
RODOLFO ROSAS, P.E.
Acting Executive Director
Public Works Agency
Page 4 of 4
A R" CERTIFICATE OF LIABILITY INSURANCE DATEIMMI°DIYYYY)
3/24/2026
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 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 CONTACT LeneSSa Weatherford
NAME:Alliant Insurance Services, Inc. PHONE FAIL
333 S Ho a St Ste 3700 o e 11: c No]:
Los Angeles CA 90071 ADMDRESS: Lenessa.Weatherford alliant.com
INSURERS AFFORDING COVERAGE NAIC N
Lice se#:OC36861 INSURER A:Minols Union Insurance Com a 27900
INSURED LOSANGE•29 INSURER B:Zurich American Insurance Comp 16635
Los Angeles Engineering, Inc. INSURER Cr
633 N. Barranca Ave.
Covina, CA 91723 INSURER D:
INSURER E:
INSURER F
COVERAGES CERTIFICATE NUMBER:2078356888 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 1 TYPE OF INSURANCE ADD L SUBR POLICY€FF POLICY EXP
LTR POLICY NUMBER MMIDDIYYYY MMIDDIYYYY LIMITS
a X COMMERCIAL GENERAL LIABILITY Y Y GLO5630799-02 411/2026 4/1/2027 EACH OCCURRENCE $2,000,000
CLAIMS-MADE �OCCUR DAMAGE TO RENT
PREMISES Ea occurrence $100,000
X DI/PD DED.'$10k MED EXP(Any one person) $5.000
PERSONAL SADVINJURY $2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $4.000,000
POLICY X❑ PRO-
OTHER: ❑LOC PRODUCTS-COMPIOPAGO $4.000.000
OTHER: $
B AUTOMOBILE LIABILITY Y Y BAP5630798-02 41112026 4/1/2027 COMBINEDSINGLELIMIT $2,000.000
Ea accident
x ANYAUTO BODILY INJURY(Per person) $
OWNED SCHEDULED
AUTOS ONLY AUTOS BODILY INJURY(Par accident) $
HIRED NON-OWNED PROPERTY DAMAGE $
AUTOS ONLY AUTOS ONLY Par accident
uabililyDed. $$0
UMBR€LLALIA6 OCCUR EACH OCCURRENCE $
EXCESS LIAR CLAIMS-MADE AGGREGATE $
DED RETENTIONS $
n WORKERS COMPENSATION Y WC5630797-02 411/2026 4/1/2027 X I STATUTE ERA
AND EMPLOYERS'LIABILITY YIN
ANYPROPRIETORIPARTNERJEXECUT VE ❑ NIA E.L.FACH ACCIDENT $1,000,QQ4
OFFICERIMEMBER EXCLUDED?
iMaridatory In NH) EJ-.W8FASE-EA EMPLOYEE $1,000,OQ0
II yes,describe wder
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000
A Pollullon Habilltq COOG47457750003 411/2026 4Y11207 OccdAgg.$5,Do0,000 Deductible:$20,000
Professional Llahllily Occ.lAgg $5;1 0;o00 Deductibla:$20,000
Retry❑ate:9/512023
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedure,may be attached if more space Is required)
Re:LAE Jab#1578,PROJECT NOS.: 18-6901,20-6971,23-6628,LAE-Warner Ave.Improvement PH2A-City of Santa Ana Project
City of Santa Ana,its officers,officials,employees,agents,and volunteers are included as Additional Insured as respects Liability arising out of operation&
work)performed by or on behalf of the Named Insured In accordance with the policy provisions of the General Liability and Automobile Liability policies.The
eneral Liability evidenced herein Is pr[mary and Nan-Contributory to other Insurance available to the Additional Insured,but only In accordance with the policy
provisions.Waiver of Subrogation applies as required by contract in accordance with the policy provisions of the General Liability,Automobile Liabilityy and
Workers'Compensation policies.Cancellation notice will be delivered to the certificate holder in accordance with the provisions of the General Llability,
Automobile Liability and Workers'Compensation policies.
CERTIFICATE HOLDER I APPROVED CANCELLATION
8y Tu Tran Nguyen at 9:47 am,Apr 13,2026
___F�
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Cily of Santa Ana ACCORDANCIE WITH THE POLICY PROVISIONS.
Pu tic Works Agency, M-22
20 Civic Center Plaza UTHORIZED REPRESENTATIVE
P.Q. Box
Santa Ana CA CA 92702
0 1 988-201 6 ACORD CORPORATION. All rights reserved.
ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD