HomeMy WebLinkAboutTORRES SANITATION SYSTEMS CONSTRUCTION Recording Requested By, Recorded in Official Records, Orange County
And When Recorded Mail To: Hugh Ng
uyen, Clerk-Recorder
City20 Civic e teof Santa Ana,rPla a Pblic .O.Borksncy
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THIS SPACE FOR COUNTY RECORDERS USE ONLY
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
construction of MISCELLANEOUS STORMDRAIN REPAIRS FY 2022-23 under contract
U entered into on SEPTEMBER 19, 2023, with TORRES SANITATION SYSTEMS
w CONSTRUCTION, on which contract OLD REPUBLIC SURETY COMPANY is surety. The
oproperty on which such work improvement was placed is in the City of Santa Ana, County of
o Orange, State of California, and described as Project No. 23-6458 located at: VARIOUS
Z W LOCATIONS ALONG DYER ROAD, FAIRVIEW STREET GRAND AVENUE, SANTA FE
a
o STREET, MACARTHUR BOULEVARD, CEDAR STREET AND 17TH STREET. The work
Cimprovement on said property was accepted as completed on SEPTEMBER 9, 2024.
wo
w
z F CITY OF SANTA ANA,A MUNICIPAL CORPORATION
09 By
Dated: ( 2- 2 Principal Civil Engineer—Sean Thomas,P.E.
TITLE
-------------------------------------------------------------------------------------------
VERIFICATION
1, the undersigned, say: I am the City Engineer — Rodolfo 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 5 Z , at Santa Ana forma
City Engineer Rodolfo Rosas
THIS NOTICE OF COMPLETION MUST BE RECORDED WITHIN TEN(10)DAYS AFTER COMPLETION
INSURANCL UN FILE
UNTIL INSURANCE EXPIRES
��I� A -
CITY CLERK
CITY OF SANTA ANA
DATE: �IAN L 9 Z024
CONSTRUCTION CONTRACT AGREEMENT
O • VW A Ca)
PROJECT NO.: 23-6458
Cam.
MISCELLANEOUS STORM DRAIN REPAIRS FY 2022-23
This CONSTRUCTION CONTRACT is made and entered into this 194' day of September, 2023 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 Torres Sanitation
Systems Construction (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 Miscellaneous Storm Drain Repairs FY 2022-23 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 Hundred Eighteen Thousand Zero Dollars
and No Cents ($218,000.00), 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.
Page I of
CITY OF SANTA ANA
CONSTRUCTION CON'I'RAC'f' AGRf LMI?N'I'
PROJ ECI' NO.: 23.6458
MISCELLANLOILS STORM DRAIN REPAIRS FY 2022-23
4. CONTRACTOR agrees to complete the WORK OF IMPROVEMENT within the time specified in
the Timo for Completion of Improvements section of the BID PROPOSAL (Exhibit "A") including
commencing construction within the timefranne therein specified after issuance of Notice to Proceed,
S. 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
mud 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 fully described in the CWA. The CWA may be found on the City's website
at: latp://www.santa-ana.ore/nwa/docmnents/C`WA.t)df
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.
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 I-lundred Thousand
Dollars ($500,000), the Warranty Bond amount shall be the greater of One Hundred `rhousand Dollars
($100,000) or Ten Percent (10%) ofthe final contract price.
9. CONTRACTOR shall, after award of this Contract, tarnish 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;
Page 2 of 4
CITY OF SANTA ANA
CONSTRUCTION CONTRACT AGREEMENT
PROJECT NO.; 23.6,158
MISCSIA.ANLOUS STORM DRAIN REPAIRS PY 2022-23
(ii) Performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier,
orally of the obligations under the Contract Documents;
(Hi) 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, f'or 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 Indenmitee.
Subcontracts, if any, shall contain a provision making them subject to all of the provisions stipulated in
this 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 lacy or regulation, the more stringent requirement shall control.
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Page 3 of,1
CITY OF SANTA ANA
CONSTRUCTION CONTRACT AGREEMENT
PROJECT NO.: 23-6458
MISCELLANEOUS STORM DRAIN REPAIRS FY 2022-23
IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and
year first above written.
ATTEST:
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�II�•
�
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By: Ills
JO , MONTOYA
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
IL SABA, PE
l Executive Director
Public Works Agency
CITY OF SANTA ANA
T --m'HatCh
Interim City Manager
CONTRACTOR:
TORRES SANITATION SYSTEMS
CONSTRUCTION
NAME: .A k-s..-`Pa KL r ct
TITLE: 0 w KL-O —
Page 4 of 4
Mai, Dann
From: City of Santa Ana <certificate-request@ctraxjdidata.com>
Sent: Wednesday, January 10, 2024 4:25 PM
To: info@torressanitation.com; Mai, Danny; info@bestcalins.com; Martinez, Miguel; Perez,
Ricardo
Subject: Internal Notice of Compliance
NOTICE OF COMPLIANCE
CITY STAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL
Contractor Torres Sanitation System Construction
Name:
Project 23-6458
Number:
Project MISCELLANEOUS STORM DRAIN REPAIRS FY 2022-23
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 NUMBER EXPIRATION
-- — — DATE
AUTOMOBILE LIABILITY 104610150187001 1 01/12/2025
GENERAL LIABILITY
PROFESSIONAL LIABILITY
WORKERS COMPENSATION AND EMPLOYERS'
LIABILITY
Thank you,
SCBGL000028748 1 04/14/2024
WAIVER 01/08/2025
927453823 04/15/2024
1
COI DATE FILE NAME
01/08/2024
City of Santa
Ana.pdf
23-6458-
12/10/2023
Miscelleanous
S.D Repairs -
COLpdf
Professional
01/11/2024
liability
exception .pdf
23-6458-
12/10/2023
Miscelleanous
S.D Repairs -
COLpdf
CITY OF SANTA ANA
PUBLIC WORKS AGENCY
CONTRACT CHANGE ORDER
Project Number Project No. 23-645& Miscellaneous Stormdrain Repairs FY 2022- Change Order Number
23
To Torres Sanitation System Constructions 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 COUNC#L OR CITY MANAGER.
Unless otherwise stated, rates for rental of equipment aver only such lime 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. To compensate the Contractor for additional costs to remove and replace entire catch basin
structure. Catch basin structure was cracked and in worse condition than originally
anticipated. Entire catch basin structure was replaced, not just the top deck per plan. (per
PCQ ;;1 — 1125124)
AGREED PRICE = $14,950.00
2. To compensate the Contractor for additional costs to repair a cracked concrete stormdrain
manhole collar in the street and a cracked catch basin apron. (per PCO #2 — 2/21/24)
AGREED PRICE= $11,700.00
3. To compensate the Contractor for additional costs to install 24" Reinforced Concrete Pipe
(RCP) at the Dyer Rd location. The plans called for ADS Polypropylene Pipe, however field
conditions did not allow for sufficient cover above the Polypropylene pipe, so RCP was
installed instead. (per PCO #3 -- 6/03/24).
AGREED PRICE = $3,605.25
4. A credit from the Contractor for reduced scope of work (reduced quantities of storm drain,
sidewalk, and curb and gutter replacement). (per PCO #4 — 6/3/24)
AGREED PRICE = ($26,492.00)
5. To compensate the Contractor for additional costs for delay of work/remobilization due to
proposed material (ADS Polypropylene Pipe) not suitable for use. (per PCO #5 — 513/24)
AGREED PRICE = $4,869.39
6. To compensate the contractor for additional costs to repair damaged curb and gutter adjacent
to catch basin. (per PCO #7 — 7/26/24)
Page 1 of 3
AGREED PRICE = $2,500.00
TOTAL AGREED PRICE = $11,132.64
Page 2 of 3
CITY OF SANTA ANA
PUBLIC WORKS AGENCY
CONTRACT CHANGE ORDER
Project Number Project No 23-6458 Miscellaneous Stormdrain Repairs FY 2022- Change Order Number 1
23
To Torres Sanitation System Constructions 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 lhis contract.
NOTE THIS CHANGE ORDER IS NOT EFFECTIVE UNTIL APPROVED BY THE CITY COUNCIL OR CITY MANAGER.
Unless otherwise slated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time.
Change requesled 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 $ 11 f132.64
By reason of this order the CONTRACT TIME completion will be adjusted as follows: 13
We the undersigned contractor have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide
aR 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 Contractor Torres Sanitation System Constructions
By Title -4/6
Approvai recommended by 1...L 4e, Date
T-POEL) RNSAGENCYCXICIJTIV DIRECTOR
Approved by Dale 1 4
eiry MANAGER
Page 3 of 3