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
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202300022410411:56 am 09/14123
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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.
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o AND -
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rn 0 CITY OF SANTA A, A UNICIPAL CORPORATION
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z Dated: `� Principal Civil 4n incer—Jason Gabriel
TITLE
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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.
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DN: u,Sep Shanfi, g, gu,
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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
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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
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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