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HomeMy WebLinkAboutBIG BEN INC. (WILLARD NEIGHBORHOOD WATER AND SEWER MAIN IMPROVEMENTS)INSURANCE ON FILE CITY OF SANTA ANA WORK rr.Av PROCEED CONSTRUCTION CONTRACT UNTIL IN URANCE EXPIRES 5 . ze7_� PROJECT 21-6454 & 16-6466 CLEjtl� OF COUNCIL LARD NEIGHBORHOOD WATER AND SEWER MAIN IMPROVEMENTS DATE) This CONSTRUCTION CONTRACT is made and entered into this 201' day of December, 2022 by and r: r 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. 4 (hereinafter "CONTRACTOR"). o: PJA1 FJwo , � 10 (3_V%)2- 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 Willard Neighborhood Water and 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 Three Million, One Hundred Sixty -Eight Thousand, Nine Hundred Dollars and Zero Cents ($3,168,900.00), 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. City Council 15 — 9 12/20/2022 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: http://www.santa-ana.orgipwa/documents/CWA,pdf 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. A. 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; (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 smflyallce of cc 8+FnhC-TE)R or its Cit% VU , of the Work of Improvement. It -10 / 0 of any Page 2 of 3 (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: Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: 26 I►�! �wrK� JOHN FUNK Assistant City Attorney FOR APPROVAL: NABIL SABA, PE (.�xecutive Director Public Works Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager CONTRACTOR: Big Ben Inc. NAME: Sep Sharifi TITLE: president City Council 15 —11 12/20/2022 Page 3 of 3 Ruvalcaba, Angelica From: City of Santa Ana <certificate-request@ctrax.jdidata.com> Sent: Thursday, January 19, 2023 11:33 AM To: brownson@bigbenengineering.com; Ruvalcaba, Angelica; Payo, Mahina Subject: Internal Notice of Compliance NOTICE OF COMPLIANCE CITY STAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL Contractor Big Ben, Inc. Name: Project 21-6454 & 16-6466 Number: Project Willard Neighborhood Water And Sewer Main Improvements Name: The Certificate of Insurance (COI) submitted indicates that the coverages are in compliance with the insurance requirements. No further action is required at this time. The compliant coverage(s) are: TYPE OF INSURANCE POLICY EXPIRATION COI DATE FILE NAME NUMBER DATE _COI Big Ben Inc 21- 6454 GL_Exp 4- AUTOMOBILE LIABILITY ACPBA3100135937 07/01/2023 12/22/2022 5- 23_AL WC_Exp 7-2- 23_pending.pdf COI Big Ben Inc 21- 6454 GL_Exp 4- GENERAL LIABILITY 1000066896221 04/05/2023 12/22/2022 5- 23_AL WC_Exp 7-2- 23_pending.pdf Pages from 22- PROFESSIONAL LIABILITY WAVER 05/13/2023 08/02/2022 6468 COI Exp 7- 1-22 (approved).pdf 1 TYPE OF INSURANCE WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Thank you, City of Santa Ana Risk Management Division in partnership with CTrax Plus Services Team 1/19/2023 2:33 PM POLICY EXPIRATION COI DATE NUMBER DATE ACPWC311035937 07/01/2023 06/23/2022 2 FILE NAME 22-23 MASTER - City of Santa Ana, M-93.pdf BIGBENC-01 EHENG lib i CERTIFICATE OF LIABILITY INSURANCE DATE 12/22/202Y"' 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(les) 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 endorsements . PRODUCER License # OM70471 Orion Risk Management Insurance Services, An Alera Group Insurance Agency, LLC 1800 Quail Street, Suite 110 Newport Beach, CA 92660 COME:NTACT A ucoNly , E:l : 949 263-6850 FnAic , No :949) 263-6860 n- INSURERS AFFORDING COVERAGE NAICk INSURERA: Starr Surplus Lines Ins. Co. 13604 INSURED INSURER B.Depositors Insurance Company 42587 INSURERC: NATIONWIDE MUTUAL INSURANCE COMPANY 23787 Big Ben, Inc. INSURER D: 4790 Irvine Blvd. #105-404 Irvine, CA 92620 INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: 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 CONTRACTOR 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 LTRTYPE OF INSURANCE ADDLSUBRINSD We POLICY NUMBER POLICY EFF POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR X X 1000066896221 41512022 4/512023 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES(Ea c i 100,000 GENE MEDEXP An one emon $ 5,000 PERSONAL S ADV INJURY $ 2,000,000 AGGREGATE LIMIT APPLIES PER: POLICY ®5ECOT LOC OTHER, GENERAL AGGREGATE $ 1,000,000 PRODUCTS-COMP/OPAGG $ 2,000,000 B AUTOMOBILE X LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS ED AUTOS ONLY AUTOW ONNLY X X ACPBA3100135937 7/112022 7/1/2023 COMBINNESINGLE LIMIT $ 1,000,000 BODILY INJU RY Per pars.nn $ BODILY INJURY Per accident $ PeOecclCenl AMAGE $ A X UMBRELLA LIPS EXCESS LIAR OCCUR CLAIMS -MADE 1000337275221 4/5/2022 415/2023 EACH OCCURRENCE $ 9,000,000 M AGGREGATE $ 9,000,000 DED RETENTION$ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETCRIPARTNERIEXECUTIVE YIN OFFICEWMEMBEq EXCLUDED? �Y (Mandatory In NHl If yes, describe under DESCRIPTION OF OPERATIONS below NIA X pCPWC311035937 7/1/2022 71112023 X I PER OTH- E ER E.L. EACH ACCIDENT 1,000,000 E.L. DISEASE - EA EMPLOYEE 1,000,000 E.L. DISEASE - POLICY LIMIT 11000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES ACORD led, Additional Remadcs Schedule, ma be attached if more space is requlred) City of Santa Ana, its officers, employees, agen sand representatives are Additlonalylnsureds with respect is named as additional insureds with respect to General and Auto Liablity per the attached endorsements as required by written contract. Insurance Is Primary and Non -Contributory. Waiver of Subrogation applies per the terms of the attached Automobile Liability and Workers' Compensation endorsements and General Liability endorsement. SEE ATTACHED ACORD 101 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cityof Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Risk Management Division ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza, 4th Floor AUTHORIZED REPRESENTATIVE Santa Ana, CA 92701 s ACORD 25 (2016/03) ©1988.2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: BIGBENC-01 LOG #: 1 EHENG ACOR®' ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY License # OM70471 NAMED INSURED Orion Risk Management Insurance Services, An Alera Group Insurance Agency, LLC BIgg Ben, Inc. MO [Nine Blvd. #105404 Irvine, CA 92620 POLICY NUMBER EE PAGE 1 CARRIER NAIC CODE EE PAGE 1 SEE P 1 EFFECTIVE DATE: SEE PAGE 1 THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Description of Operations/Locations/Vehicles: 30 Days Notice of Cancellation with 10 Days Notice for Non -Payment In accordance with the policy provisions. 101 © 2008 ACORD CORPORATION. All riahts The ACORD name and logo are registered marks of ACORD CITY OF SANTA ANA PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number Project No. 21-6454 & 16-6466 Willard Neighborhood Water and Change Order Number 1 Sewer Main Replacement 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 PRICE 1. Material price difference to install 12" water main and services. (PCO #3) AGREED PRICE: $26,948.24 2. Change 3250 PSI PCC Mix to 5000 PSI PCC Mix with High Early Cure (PCO #11) AGREED PRICE: $26,059.57 3. Sidewalk install per City Santa Ana Standard Plan No. 1104 (PCO #8) AGREED PRICE: $48,224.08 4. Miscellaneous Sewer and Water Time & Material Work from 3/28/23 - 7/11/23 (PCO #7, :xs;srss� AGREED PRICE: $76,387.28 5. Time & Material Work related to fire and water line tie in from 7/6/23 — 7/12/23 (PCO #14) AGREED PRICE: $12,367.16 6. Big Ben Inc. Yard Lease License Agreement Credit from February 2023 — July 2023. LICENSE CREDIT: ($16,500.00) Page 1 of 3 7. Time & Material Work related to jetting existing sewer main for blockages from 3/13/23 — 6/15/23 (PCO #15). AGREED PRICE: $13,028.24 8. Additional 6" PCC on South Washington Ave and Parton St (PCO #16). AGREED PRICE: $5,068.80 9. Additional Striping within the Willard Neighborhood (PCO #17). AGREED PRICE: $8,146.00 10. Time & Material Work related to 2-inch Water Service Install (PCO #18). AGREED PRICE: $19,586.73 EXTRA WORK AT AGREED UNIT PRICE 11. Delete bid items 19 and 20 for Asphalt Concrete and Cold Mill (2") ESTIMATED ESTIMATED ITEM# DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT 19 Asphalt Concrete 130 TN $250.00 ($32,500.00) 20 Cold Mill (2") 1,500 SF $5.00 ($7,500.00) ESTIMATED TOTAL = ($40,000) TOTAL AGREED CHANGE ORDER COST: $219,316.10 TOTAL AGREED CONTRACT INCREASE COST: $179,316.10 Page 2 of 3 CITY OF SANTA ANA PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number Project No. 21-6454 & 16-6466, Willard Neighborhood Water and Change Order Number 1 Sewer Main Replacement 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 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 $ 40,000.00 INCREASE $ 219,316.10 By reason of this order the CONTRACT TIME completion will be adjusted as follows: 0 non-cofnpensable 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 12/19/2023 Contractor Big Ben Inc. By J'Z,p� ��,' Title CEO Approvalrecom/mmendedb L�.—.--�Jy4f1/� Date I jf5 I2-4 �UBLIC WORKS AGENCY EXECU TIVE DIRECTOR Approved by _; DateATTEST, CITYMANAGER ii Page 3 of 3 aer