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HomeMy WebLinkAboutBIG BEN, INC. (2) Recording Requested By, And When Recorded Mail To: City of Santa Ana,Public Works Agency M22 Recorded in Official Records, Orange County 20 Civic Center Plaza,P.O.Box 1988 Hugh Nguyen, Clerk-Recorder Santa Ana, CA 92702 111111�11111111111111111111111111111111111 Ell 1111111111111�11111 NO FEE * $ R 00 1 4 5 5 5 9 5 4 $ * 202300022410411:56 am 09/14123 440 RW1A N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.000.000.00 0.00 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the undersigned City of Santa Ana, California, a municipal corporation, with the address of City Hall, 20 Civic Center Plaza, Santa Ana, California, 92701, is the owner of the property hereinafter described, that said owner has caused ca construction of LINCOLN AVENUE WATER & SEWER MAIN IMPROVEMENTS under U M contract entered into on APRIL 19 2022, with BIG BEN, INC. on which contract MARKEL AINSURANCE COMPANY is surety. The property on which such work improvement was placed m o is in the City of Santa Ana, County of Orange, State of California, and described as Project No. o z 22-6468 AND 22-6620 located at: LINCOLN AVENUE. The work improvement on said property was accepted as completed on AUGUST 15,2023. .a 0 o AND - � rn 0 CITY OF SANTA A, A UNICIPAL CORPORATION WG w By - v z Dated: `� Principal Civil 4n incer—Jason Gabriel TITLE U ------------------------------------------------------------------------------------------- 0.f VERIFICATION 1, the undersigned, say: I am the City Engineer — Rudy Rosas of the City of Santa Ana, California; I executed the foregoing Notice of Completion acting on behalf of the owner of the property therein described; I make this verification on behalf of said corporation by authorization of the City Council of the City of Santa Ana; I have read said notice and know the contents thereof; and I declare under penalty of perjury that the facts therein stated are true. Executed on / ZO Z , at Santa Ana,California City Engineer—Rudy Rosas THIS NOTICE OF COMPLETION MUST BE RECORDED WITHIN TEN(I 0)DAYS AFTER COMPLETION INSURANCE NOT REQUIRED WORK MAY PROCEED CLERK OF COUNCIL DATE: MAY 2 6 2022 CITY OF SANTA ANA CONSTRUCTION CONTRACT I �pp' PROJECT NOS. 22-6468 & 22-6620 Q �LAA( A1� LI) C,y'- • 2 LINCOLN AVENUE WATER & SEWER MAIN IMPROVEMENTS This CONSTRUCTION CONTRACT is made and entered into this 19th day of April, 2022 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 Big Ben, Inc. (hereinafter "CONTRACTOR"). WITNESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 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 Lincoln Avenue Water & Sewer 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 • 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 Four Hundred Fifty -Three Thousand Seven Hundred Sixty -Five Dollars and No Cents ($1,453,765.00), 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. rev. 09/012017 Page I 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. 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 C WA. The C WA may be found on the City's website at: http://www.santa-ana.org/pwa/documents/CWA.12df. 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: DAISY GOMEZ Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: 0 � JOHN FUNK Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: ^NAI -SA 1 a l2'ti NABIL SAE Executive Director Public Works Agency CITY OF SANTA ANA 1 ems' KRISTINE RIDGE City Manager CONTRACTOR: Big Ben, Inc. Sep DigHallysignd by Sep Sharifl DN: u,Sep Shanfi, g, gu, emall s p@bigb ngineenn Sharifi -0sep@203.31 na8:91 SEP S14ARIFI President Page 3 of 3 CITY OF SANTA ANA Project Number 22-6468 — Lincoln Avenue Water Main Improvements 22-6640 — Lincoln Avenue Sewer Main Improvements To PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Change Order Number Contractor You are hereby directed to make the herein changes from the plans and specifications or do the following described work not included in the plans and specifications on this contract. NOTE: THIS CHANGE ORDER IS NOT EFFECTIVE UNTIL APPROVED BY THE CITY COUNCIL OR CITY MANAGER. Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time. Change requested by EXTRA WORK AT AGREED UNIT PRICE PUBLIC WORKS AGENCY Increased scope of work with quantity and unit price are shown as following table: 22-6468 — Lincoln Avenue Water Main Improvements (PC0#1) Item # Description Estimated quantity Unit Unit Price Amount C01.1 Unforeseeable Existing Concrete Slab. Demo and Dispose 1 LS $ 1,775.96 $ 1,775.96 C01.2 Remove and dispose of unforeseeable existing unmarked and abandoned gas line 1 LS $ 7,289.13 $ 7,289.13 C01.3 Water Main-Ext. Concrete Conflict 1 LS $10,117.65 $10,117.65 C01.4 Additional exploratory excavation due to large concrete obstruction in line with 8" C900 water main at Sta. 16+70 1 LS $ 9,977.21 $ 9,977.21 C01.5 Additional Pothole of existing 20 Inch Water Main at 9 ft. deep 1 LS $ 7,549.16 $ 7,549.16 C01.6 Traffic Flow Notifications 1 LS $ 2,500.00 $ 2,500.00 C01.7 Realign Fire Service to connect to existing binder 1 LS $ 2,423.70 $ 2,423.70 F-7 ESTIMATED SUB -TOTAL $41,632.81 ESTIMATED TOTAL: $41,632.81 Page 1 of 2 CITY OF SANTA ANA Project Number 22-6468 — Lincoln Avenue Water Main Improvements 22-6640 — Lincoln Avenue Sewer Main Improvements To PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Change Order Number Contractor You are hereby directed to make the herein changes from the plans and specifications or do the following described work not included in the plans and specifications on this contract. NOTE: THIS CHANGE ORDER IS NOT EFFECTIVE UNTIL APPROVED BY THE CITY COUNCIL OR CITY MANAGER. Unless otherwise staled, rates for rental of equipment cover only such time as equipment Is actually used and no allowance will be made for Idle time. Change requested by PUBLIC WORKS AGENCY The compensation both time and cost set forth in this change order comprises the total compensation due the Contractor, all Subcontractors, and all Suppliers for all work performed per this change order, including impact on unchanged work. By signing this change order, the Contractor acknowledges and agrees on behalf of himself, all Subcontractors, and all Suppliers, that the stipulated compensation includes payment for all work contained in this change order, plus all payment for interruption of schedules, extended field overhead, home office overhead, profit, delay, and all impact, ripple effect or cumulative impact on all other work under this Contract. The signing of this change order constitutes full mutual accord and satisfaction for all changes and work performed on this project, and that the time and cost paid per this change order constitutes the total equitable adjustments owed the Contractor, all Subcontractors, and all Suppliers for all work performed on this project. The Contractor on behalf of himself, all Subcontractors, and all Suppliers agrees to waive all rights, without exception or reservation of any whatsoever to file any further claim related to this project. TOTAL COST THIS CHANGE ORDER: DECREASE $--------------- INCREASE $ 41,632.81 By reason of this order the CONTRACT TIME completion will be adjusted as follows: 20 Working days. We the undersigned contractor have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all service necessary for the work above specified, and will accept as full payment therefor the prices shown above. Accepted, Date z7 Contractor Big Ben, Inc. B / 2 Tiue N&A, of Approval recommended b/y / kj, 4 Dale PUBLIC WORKS AGENCYEXECUTIVE DIRECTOR 7 Approved by — � DateG CITYMANAGER Page 2 of 2 v C� CV Ci CD -Z CITY OF SANTA ANA Project Number 22-6468 — Lincoln Avenue Water Main Improvements 22-6640 — Lincoln Avenue Sewer Main Improvements PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Change Order Number To Big Ben, Inc. Contractor You are hereby directed to make the herein changes from the plans and specifications or do the following described work not included in the plans and specifications on this contract. NOTE: THIS CHANGE ORDER IS NOT EFFECTIVE UNTIL APPROVED BY THE CITY COUNCIL OR CITY MANAGER. Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time. Change requested by PUBLIC WORKS AGENCY EXTRA WORK AT AGREED UNIT PRICE Increased scope of work with quantity and unit price are shown as following table: 22-6468 — Lincoln Avenue Water Main Improvements (CO#2) Item # Description Estimated quantity Unit Unit Price Amount CO# 2.1 Cut -in -Tee 20" at Washington/Lincoln. 1 LS $ 63,670.35 $ 63,670.35 CO# 2.2 Repair OCTA fence and curb. 1 LS $ 4,566.80 $ 4,566.80 CO# 2.3 Additional excavation and piping at Cut -in- Tee 20" at Washington/Lincoln due to corroded pipe. 1 LS $26,144.47 $26,144.47 CO# 2.4 Cut, load, and haul off remaining steel left behind existing parkway culvert. 1 LS $1,567.10 $1,567.10 CO# 2.5 Install new Filterra Unit due to NPDES enforced regulations. 1 LS $70,789,64 $70,789.64 ESTIMATED SUB -TOTAL $166,738.36 Page 1 of 2 ESTIMATED TOTAL: $166,738.36 CITY OF SANTA ANA Project Number 22-6468 — Lincoln Avenue Water Main Improvements 22-6640 — Lincoln Avenue Sewer Main I�:it7:isfrii8 PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Change Order Number Contractor You are hereby directed to make the herein changes from the plans and specifications or do the following described work not included in the plans and specifications on this contract. NOTE: THIS CHANGE ORDER IS NOT EFFECTIVE UNTIL APPROVED BY THE CITY COUNCILOR CITY MANAGER. Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time. Change requested by PUBLIC WORKS AGENCY The compensation both time and cost set forth in this change order comprises the total compensation due the Contractor, all Subcontractors, and all Suppliers for all work performed per this change order, including impact on unchanged work. By signing this change order, the Contractor acknowledges and agrees on behalf of himself, all Subcontractors, and all Suppliers, that the stipulated compensation includes payment for all work contained in this change order, plus all payment for interruption of schedules, extended field overhead, home office overhead, profit, delay, and all impact, ripple effect or cumulative impact on all other work under this Contract. The signing of this change order constitutes full mutual accord and satisfaction for all changes and work performed on this project, and that the time and cost paid per this change order constitutes the total equitable adjustments owed the Contractor, all Subcontractors, and all Suppliers for all work performed on this project. The Contractor on behalf of himself, all Subcontractors, and all Suppliers agrees to waive all rights, without exception or reservation of any whatsoever to file any further claim related to this project. TOTAL COST THIS CHANGE ORDER: DECREASE INCREASE $ 166,738.36 By reason of this order the CONTRACT TIME completion will be adjusted as follows: 20 Working days. We the undersigned contractor have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all service necessary for the work above specified, and will accept as full payment therefor the prices shown above. Accepted, Date 06/01/23 Contractor Big Ben, Inc. By �Ir Title President Approval recommended G 4 ,C Date 2— PUBLIC WORKS AGENCYEXECUTIVE DIRECTOR Approved by ���_� _ Date C Page 2 of 2 m cv 0 :v car M CITY OF SANTA ANA PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number 22-6468 — Lincoln Avenue Water Main Improvements Change Order Number 3 22-6620 — Lincoln Avenue Sewer Main Improvements To Big Ben Engineering Inc. Contractor You are hereby directed to make the herein changes from the plans and specifications or do the following described work not included in the plans and specifications on this contract. NOTE: THIS CHANGE ORDER IS NOT EFFECTIVE UNTIL APPROVED BY THE CITY COUNCIL OR CITY MANAGER. Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time. Change requested by EXTRA WORK AT AGREED PRICE: PUBLIC WORKS AGENCY 22-6468 — Lincoln Avenue Water Main Improvements (CO#3): 1. Additional costs to adjust two fire hydrants to finished grade and relocate a 2" line to accommodate the Filtera unit installation due to unforeseen field conditions. TOTAL COST: $5,900.42 CITY OF SANTA ANA PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number 22-6468 — Lincoln Avenue Water Main Improvements Change Order Number 3 22-6620 — Lincoln Avenue Sewer Main Improvements To DOI Ben Engineerinq Inc. Contractor You are hereby directed to make the herein changes from the plans and specifications or do the following described work not included in the plans and specifications on this contract. NOTE: THIS CHANGE ORDER IS NOT EFFECTIVE UNTIL APPROVED BY THE CITY COUNCIL OR CITY MANAGER. Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time. Change requested by PUBLIC WORKS AGENCY The compensation both time and cost set forth in this change order comprises the total compensation due the Contractor, all Subcontractors, and all Suppliers for all work performed per this change order, including impact on unchanged work. By signing this change order, the Contractor acknowledges and agrees on behalf of himself, all Subcontractors, and all Suppliers, that the stipulated compensation includes payment for all work contained in this change order, plus all payment for interruption of schedules, extended field overhead, home office overhead, profit, delay, and all impact, ripple effect or cumulative impact on all other work under this Contract. The signing of this change order constitutes full mutual accord and satisfaction for all changes and work performed on this project, and that the time and cost paid per this change order constitutes the total equitable adjustments owed the Contractor, all Subcontractors, and all Suppliers for all work performed on this project. The Contractor on behalf of himself, all Subcontractors, and all Suppliers agrees to waive all rights, without exception or reservation of any whatsoever to file any further claim related to this project. TOTAL COST THIS CHANGE ORDER: DECREASE $--------------- INCREASE $ 5,900.42 By reason of this order the CONTRACT TIME completion will be adjusted as follows: None We the undersigned contractor have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all service necessary for the work above specified, and will accept as full payment therefor the prices shown above. Accepted, Date 07/30/2023 contractor Big Ben Engineering Inc. By �� �� Title ' President Approval recommended b �.—�4 04— Date LIC WORKS AGENCY EXECUTIVE DIRECTOR Approved by ` / Date CITY MANAGER