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HomeMy WebLinkAboutCOLICH & SONS L.P Recorded in Official Records, Orange County Recording Requested By, Hugh Nguyen, Clerk-Recorder And When Recorded Mail To: III l II IIII III II �II ��I�IIIII I�I 11�1� 1��[J[ II �II NO FEE City of Santa Ana,Public Works Agency M22 * $ R 0 0 1 4 7 3 7 5 5 1 $ * 20 Civic Center Plaza,P.O.Box 1988 2024000006429 8:30 am 01111124 Santa Ana,CA 92702 480 RW1 A N 12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.000.000.00 0.00 THIS SPACE FOR COUNTY RECORDERS USE ONLY NF 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 A construction of Flower Street Sewer Main lmprovements under contract entered into on M —December 7, 2021 with Colich & Sons L.P. , on which contract Liberty N Mutual Insurance Company is surety. The property on which such work improvement was Wo placed is in the City of Santa Ana, County of Orange, State of California, and described as o E* Project No. 18-6616 located at: Flower Street The work improvement on a 7 said property was accepted as completed on]anuaty 4, 2024. O E CITY OF SANTA ANA,A MUNICIPAL CORPORATION w By � F z a Dated: Principal Civil Engineer—Sean Thomas aTrrLE O �U ---------------------------------------------------------------------------------- VERIFICATION I, 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 A r1U fL 7tt Z z , at Santa Ana,California City Engineer-Rodolfo Rosas THIS NOTICE OF COMPLETION MUST BE RECORDED WITHTN TEN(10)DAYS AFTER COMPLETION INSURANCE NOT ON FILE WORK MAY NOT PROCEED CLERK OF COUNCIL DATE: 0.. PW�� -f�aMOZ) CsM� � CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT 18-6616 FLOWER ST. SEWER MAIN RVBROVEMENTS This CONSTRUCTION CONTRACT is made and entered into this 71 day of December, 2021 by and between the City of Santa Ana, California, a charter city and municipal corporation organized and existing N under the Constitution and laws of the State of California (hereinafter "CITY"), and Colich & Sons L.P. � (hereinafter "CONTRACTOR"). �a+ �y WITNESSETH: ccThe 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 Flower St. 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 Dive Hundred Eighty -Ono Thousand One Hundred Fifty -Five Dollars and No Cents ($3,581,155.00), 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, rov. 09101/2017 Page I of 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 timefl'ame 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 Hilly described in the CWA. The CWA maybe found an the City's website at: :/]atkn /www. ta- 3f�11Rr� pdi 7� CONTRACTOR shall, after award of this Contract, famish two bonds to be approved by the CITY, ono in the amount of Ono klundred 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 offective 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 ofproject acceptance. For projects up to Five hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of Ton 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 Ton Percent (10%) of the final contract price. 9. CONTRACTOR shall, after award of this Contract, furnish Certificatea of Liability Insurance and Worker's Compensation Insurance as outlined in the Oencral Provisions, to be approved by the CITY, 10. INDEMNIFICATION. To the fullest extent allowed by law, CONTRACTOR and Its Subcontractors hereby agree to defend, Indomuify, and hold harmless CITY, its City Council, boards and commissions, officers, agents, employees, representatives and voluntoors (hereinafter collectively referred to as "Indomnitees'), 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 hrdhootly from, or in any manner relating to, any of the following- (i) Performance or nonpetformanoo of the Work of bnprovement 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 orr 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 Inder.1nitee. IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST- M§rtoMEP Clerk of the Cofmcit APPROVED AS TO .FORM: SONIA R. CARVALHO City Attoraey By; /,V IOHN FUNK Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: NABIL SABA, PE Executive Director Public Works Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager CONTRACTOR: Colich &. Sons L.P. NAME: �aut Mape TITLE: VbaPresldent0t09perat10na COMM [no., 09noa Partner Page 3 of 3 CITY OF SANTA ANA PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number Project No. 18-6616 Flower Street Sewer Change Order Number 1 To 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. I 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 UNIT PRICE 1. Purchase Alhambra sewer manhole frame and covers that are the City preference. (PCO #1) TOTAL AGREED PRICE = $16,767.52 2. Additional saw -cut due to thicker asphalt section encountered. (PCO #3) TOTAL AGREED PRICE = $15,759.90 3. Install Temporary Bypass for all Chimney Laterals within project limits (65 EA). (PCO #4) TOTAL AGREED PRICE = $40,125.49 TOTAL CHANGE ORDER AMOUNT = $72 652 91 Page 1 of 2 CITY OF SANTA ANA PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number Project No. 18-6616 Flower Street Sewer Change Order Number 1 To Colich & Son's LP 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 15 NOT EFFECTIVE UNTII APPRnvFn av TUF NTv nni W011 no niry ueu 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 $ 72,652.91 By reason of this order the CONTRACT TIME completion will be adjusted as follows: 20 non-compensable 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, Data Contractor Colich & Sons LP �T By Title /\P7roject Manager Approval recommended by5AIl' "�..,�f`\�{��y i A, DateZZ--- PUBLIC WORKS AGENCY EXECUTIVE DIRECTOR Approved by Date CITY AGER Page 2 of 2 N N O N r-- 0 Z Project Number Project No. 18-6616 Flower Street Sewer Wei R.lR, F-1 971Ra CITY OF SANTA ANA PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Change Order Number 2 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 UNIT PRICE 1. Remove and replace water main and laterals along Greenleaf Street between 17th and 19th per attached plans and project specifications. (PCO #5) 2. Per C.S.A. Std. Plan 1101, remove and replace A-2-6 curb and add monolithic gutter. (PCO #7) 3. Remove and replace miscellaneous driveways along Greenleaf Street between 17th and 19th in order to allow for storm water flow. (PCO #7) 4. 36" O.C. #4 Dowel 18" Long Epoxy Coated between curb and gutter and PCC pavement. (PCO #7) 5. Perform survey and topography on Greenleaf to determine grades and elevations in preparation of the addition of new curb and gutter. (PCO #8) 6. Install a concrete collar on a damaged stormdrain to repair and reinforce pipe. (PCO #6) 7. Miscellaneous extra work charged with time and materials. (PCO #9) Page 1 of 3 4, Item Description Qty Unit Unit Price Amount 1 Remove and Replace Greenleaf 1 LS $ 280,300.00 $ 280,300.00 Water Main and Laterals 2 Remove and Replace PCC Curb 1,200 LF $ 107.00 $ 128,400.00 and Gutter (A-2-6) 3 Remove and Replace PCC 1,500* SF $ 22.80 $ 34,200.00 Driveway Approach (Residential=6")* 4 36" O.C. #4 Dowel 18" Long 1 LS $ 5,550.00 $ 5,550.00 Epoxy Coated 5 Survey & Topography on 1 LS $6,435.00 $6,435.00 Greenleaf 6 Install Concrete Collar on 1 LS $4,250.10 $4,250.10 Damaged Stormdrain 7 Miscellaneous Time & Material 1 LS $12,726.21 $12,726.21 Extra Work TOTAL CHANGE ORDER AMOUNT = $471,861.31 Page 2 of 3 CITY OF SANTA ANA PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number Project No. 18-6616 Flower Street Sewer Change Order Number 2 To Colich & Son's LP 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 $ 471,861.31 By reason of this order the CONTRACT TIME completion will be adjusted as follows: 30 non-compensable 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 Contractor Colich & Sons LP By Steve Tamer ' I Title yr�1) Project Manager Approval recommended �- j, ✓�'�L & 4K Date O 1 t �' ZZ PUBLIC WORKS AGENCYEXECUTIVE DIRECTOR Approved by — Date CITYMANAGER Page 3 of 3 APR 2 s CITY OF SANTA ANA PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number Project No. 18-6616 Flower Street Sewer Change Order Number 3 To Colich & Sons LP 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 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 UNIT PRICE 1. Install Median Monument at the Flower and 151h Intersection. (PCO #10) 2. Install 2" PVC Schedule 80 Conduit. (PCO #10) 3. Install 1" PVC Schedule 80 Conduit. (PCO #10) 4. Install New Street Lighting Pull Box per CSA STD. Plan No. 1501 with 3-1/2 with bolt down lid. (PCO #10) 5. Provide and Install Boulders on Flower and 151h Median Intersection. (PCO #11) 6. Additional T&M for Electrical Work on Flower and 15'h Median. (PCO #12) 7. Colich & Son's Yard Lease License Agreement Credit from March 2022 — October 2022. Item Description Qty Unit Unit Price Amount 1 Construct Median Monument 1 LS $131,379.12 $131,379.12 2 Install New 2" PVC Schedule 80 Conduit 105 LF $250 $26,250.00 3 Install New 1" PVC Schedule 80 Conduit 5 LF $200.00 $1,000.00 4 Install New Pullbox No. 3-1/2 with Bolt Down Lid 3 EA $2,000.00 $6,000.00 5 Provide & Install Boulders 1 LS $3,257.61 $3,257.61 6 T&M Electrical on 03/27/2023 1 LS $2,278.14 $2,278.14 7 Yard Lease License Agreement 1 LS ($45,549) ($45,549) TOTAL CHANGE ORDER AMOUNT = $124,615.87 Page 1 of 2 CITY OF SANTA ANA PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number Project No. 16-6616 Flower Street Sewer Change Order Number 3 To Colich & Son's LP 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 $ 124,615.87 By reason of this order the CONTRACT TIME completion will be adjusted as follows: 15 non-compensable 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 04/07/2023 Contractor Colich & Sons LP By Cam"- Title Steve Tamer /'_ Project Manager Approval recommended b '%. •,� 1'z ij ^ Date T / V / 2 aJ-3 PUBLIC WORKS AGENCY EXECUTIVE DIRECTOR Approved by VVV '���— N- \a LT Date CITYMANAGER Page 2 of 2