CITY OF SANTA ANA EXHIBIT 4
CONSTRUCTION CONTRACT
PROJECT 24-6907
LOCAL STREET PREVENTATIVE MAINTENANCE FY 23-24
This CONSTRUCTION CONTRACT is made and entered into this 21** day of May, 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 All American Asphalt (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, the Local Street Preventative Maintenance FY23-24 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 Two Million Five Hundred Fifty-Eight Thousand Ninety-Eight Dollars and No Cents ($2,558,098.00), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "B," 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 quak wies cory, not there i, But espresly rigy to increase ogdeceas the a am of a of rev. 08/01/2023 Page 1 of 3
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 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.
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: http://www.santa-ana.org/pwa/documents/CWA.pdf
1. 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; (lii) 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.
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 SANTA ANA
JENNIFER L. HALL ALVARO NUÑEZ
City Clerk Acting City Manager
APPROVED AS TO FORM:
SONIA R. CARVALHO CONTRACTOR:
City Attorney All American Asphalt
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By: JONATHAN MARTİNEZ
NAME:Michael Farkas
Assistant City Attorney TITLE: Secretary
RECOMMENDED FOR APPROVAL:
NABIL SABA, PE
Executive Director
Public Works Agency
1170 INAD
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HE SO
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached. and not the truthfulness. accuracv. or validitv of that document.
State of California •
County of _ Riverside
On April 22, 2024 before me, Sarah Amanda Langley, Notary Public Date Here Insert name and Title of the Officer
personally appeared Michael Farkas
Name(s) of Signers)
who proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their SARAH AMANDA LANGLEY Signature (s) on the instrument the person(s), or the entity upon behalf Notary Public - California of which the person(s) acted, executed the instrument.
Riverside County
Commission #2337877
My Comm. Expires Nov 20, 2024 I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct.
WITNESS my hand and official seal.
meer Amanda angy
Signature_
Place Notary Seal Above Signature of Notary Public
- OPTIONAL
Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document City of Santa Ana Construction Contract Document Date: April 22, 2024 Number of Pages: 1
Signers) Other Than Named Above:
Capacity(ies) Claimed by Signers)
Signer's Name: _ Michael Farkas Signer's Name: N/A
• Individual • Indivic al
X Corporate Officer - Title(s): Corp. Secretary • Corpora Officer - T • Partner U o Limited o General o Partner 0 o General
RIGHT THUMBPRINT RIGHT THUMBPRINT
• Attorney in Fact OF SIGNER OF SIGNER
• Attorney in Fac
Top of thumb here Top of thumb here
• Trustee • Trustee
• Other: • Other:
Signer is Representing: Signer is Representing:
All American Asphalt NA
tlate zat
CITY OF SANTA ANA
EXHIBIT B
PROPOSAL
PROJECT NO.: 24-6907
LOCAL STREET PREVENTAȚIVE MAINTENANCE FY 23-24
. BID PROPOSAL
TO: CITY COUNCIL OF THE CITY OF SANTA ANA
FROM: All American Asphalt
REQUIREMENT:
Thë undersigned bidder declares thãt they have carefully examined the location of the proposed Item Description Qty: Unit Unit Price Amount
•
1 Unclassified Excavation* 600 CY $
335.00 201,000.00
2 AC Pavement* 1,200 TN $•
210.00 252,000.00
3 Cold Mill (2") 330,100 SE S.
0.61 201,361.00
4. Rubberized Emulsion Aggregate Slurry 700 ELT $
(REAS) Type II 900.00 630,000.00
5 Asphalt Rubber Hot Mix (ARHM) 4,200 TN $
177.00 743,40000
6 Crack Seal 1 LS S
40,000.00 40,000.00
7 Crushed Miscellaneous Base (CMB)* 100 CY $.
105.00 10,500,00
8 PCC Sidewalk (T=4") 7,400 SF $ 74,000.00
10.00 PC Driveway. Approach (T= 6.") 700 $
15.00 10,500.00
10 PCC Curb Ramp (Caltrans A88A) 400 SF
31.00 12,400.00
11 | PCC Curb & Gutter (Type A-2;6) 410 LF 88.00
36,080.00
12 PCC Curb (Type A1-6 and/or Match LE $
Existing) 66.00 6,600,00 •
13 PCC Cross-Gutter (Local Street) 600 SF $ $
32.00 19,200.00
14 | Root Shave 61 EA $.
525.00 S. 32,025.00
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•
CITY OF SANTA ANA
• PROPOSAL
PROJECT NO.: 24-6907
LOCAL STREET PREVENȚAȚIVE MAINTENANCE FY 23-24
Item Description Qty Unit Unit Price Amount
Adjust Water Valve Frame and Cover to 50 EA $
Finished Grade 1,000.00 50,000.00
Adjust Sewer and Drainage Manhole to 30 EA 735.00 $
Finished Grade 22,050.00
Parkway Culvert (STD Plan, No. 319) 1 EA
4,900.00 4,900.00
18 djust Suryey Monument to Finished Grad 30 EA $ $,
Von-Well Monument 1,300.00 39,000.00
19. Adjust Survey Monument to Finished Grade 6 EA
(Well Monument) 1,500.00 9,000,00
20. Protection of Surface Utility Frames and 1 LS
Covers 2,000.00 2,000.00
21 Furnish and Install Traffic Loop Type F . 3 EA $ $,
760.00 2,280.00
22 Furish and Install Traffic Loop Type E 3 EA $
734.00 2,202.00
23 Construction Sign 2 EA S.
3,300.00 6,600.00
24 Signing and Striping 1 LS $ 140,000.00 S 140,000.00
25 | Construction Permit 1 LS $11,000 '$ 11,000.00
ADD ALTERNATE 1
Item | Description Qty Unit Unit Price Amount
TUnclassified Exçavation* 200 CY S. 354.00 $ 70,800.00
27 AC Pavenient* 500 TN $.
254.00 127,000.00
28° Cold Mill (2") 21,300 SP $ $.
1.29 24,477.00
22. Rubberized Emulsion Aggregate Slurry 300 ELT 915.00 $ 274,500.00 (REAS) Type II.
30 Asphalt Rubber Hot Mix (ARHM) 300 TN S. $.
244.00 73,200.00
31 Crack Seal 1 S 18,100.00 $.
18,100.00
32 Crushed Miscellaneous Base (CMB)* . 50 CY $ 114.00 $ 5,700.00 P-2 of P-20
CITY OF SANTA ANA
PROPOSAL
PROJECT NO.: 24-6907
LOCAL STREET PREYENTATIVE MAINTENANCE FY 23-24 -
Item Description Qty Unit Unit Price Amount
33 PCC Sidewalk (T=4") 2,700 SF $
13.00 35,100.00
34 PCC Curb Ramp (Caltrans A88A) 400 SF $
33.00 13,200.00
35 PCC Curb & Gutter (Type A-2-6). 92.00
1,840.00
36 | PCC Curb (Type A1-6 and/or Match 50 $
Existing) 68.00 3,400.00
37 PCC Cross-Gutter (Local Street) 6,00 SF $ 26.00 $
15,600.00
38. Root Shave 24 EA 547.00 $ 13,128.00
39 , Adjust Water Valve Frame and Cover to 10 EA $
Finished Grade 1,067.00 10,670.00
40 Adjust Sewer and Drainage Manhole to 10 EA S.
Finished Grade 766.00 7,660.00
41 "Adjust Survey Monument to Finished Grade 10 EA $.
Non-Well Moriument) 1,400,00 14,000.00
42 Coversion of Surfing ulily Frames and: 1 LS S. 2,200.00 $ 2,200.00 43 Signing and Striping 1 LS. $
7,100.00 7,100.00
•
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CITY OF SANTA ANA
PROPOSAL
PROJECT NO.: 24-6907
LOCAL STREET PREVENTATIVE MAINTENANCE FY 23-24
TOTAL BASE BID 2,558,098.00
TOTAL ADD ALTERNATE 1 BID 720,675.00
TOTAL BASE BID + ADD ALTERNATE 1 BID 3,278,773.00
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.
TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within number (70) working days and after the commencement date stated in the Notice to Proceed. Slurry seal must be completed by September 30, 2024. All slurry seal work must meet slurry seal weather condition requirements. If slurry seal is not completed by September 30, 2024, liquidated damages will be placed on the contractor. The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $6,750 per calendar day.
Name of Firm All American Asphalt
Signature of BIDDER
Title Edward J Carlson, Vice President
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