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HomeMy WebLinkAboutELECNOR BELCO ELECTRIC, INC. (BRISTOL ST. & SANTA CLARA AVE. TRAFFIC SIGNAL MODIFICATION) Recording Requested By, Recorded in Official Records, Orange County And When Recorded Mail To: Hugh Nguyen, Clerk-Recorder City of Santa Ana,Public Works Agency M22 Illl 11[1111 11111 11111 IJJI 1111 JJII 1111�11�11 11111 1111 111 111111 NO FEE 20 Civic Center Plaza,P.O.Box 1988 * $ R 0 0 1 5 1 0 5 5 6 1 S * Santa Ana,CA 92702 202400021246011:39 am 08/19124 48 RW11A N12 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 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 !i construction of BRISTOL STREET AND SANTA CLARA AVENUE TRAFFIC SIGNAL 0 MODIFICATION under contract entered into on MARCH 7, 2023, with ELECNOR BELCO x ELECTRIC, INC., on which contract LIBERTY MUTUAL INSURANCE COMPANY is surety. Wo The property on which such work improvement was placed is in the City of Santa Ana, County o z of Orange, State of California, and described as Project No. 22-6995 located at: BRISTOL STREET AND SANTA CLARA AVENUE. The work improvement on said property was caccepted as completed on AUGUST 7 2024. � o w Q CITY OF SANTA ANA,A MUNICIPAL CORPORATION By Dated: �/ ' �' / Principal Civil Engineer—Sean Thomas U TITLE ------------------------------------------------------------------------------------------- VERIFICATION I, 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 thatthe facts therein stated are true. Executed on I �� � G(l 20 4.7 , at Santa Ana, California City Engineer—Rudy Rosas THIS NOTICE OF COMPLETION MUST BE RECORDED WITHIN TEN(10)DAYS AFTER COMPLETION INSURAPiCE ON FILE WORK kJAY PROCEED UNTIL IPi, RAKE EXPIRES CLERK u CUUNLiL DATE: CITY OF SANTA ANA CONSTRUCTION CONTRACT 0.. N") PROJECT 22-6995 BRISTOL STREET AND SANTA CLARA AVENUE TRAFFIC SIGNAL �d)�" MODIFICATION l��sri This CONSTRUCTION CONTRACT is made and entered into this 7' day March, 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 Elecnor Belco Electric, Inc. cz33 (hereinafter "CONTRACTOR") C C-4 Zr WITNESSETH: �J r The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: I. 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 Bristol Street and Santa Clara Avenue Traffic Signal Modification 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 Four Hundred Ninety-three Thousand Two Hundred Forty -Four Dollars and Seventy-six Cents ($493,244.76), 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. 09/01/2017 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. 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: hILtp://www.santa-ana.org/i)wa/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°/u) 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: , no, Clerk of the Council APPROVED AS TO FORM: CITY OF SANTA ANA KRfSfNE RIDGE City Manager SONIA R. CARVALHO CONT OR: City Attorney Elecnor B Electric, Inc. By: / 4 iw. -F', JOHN FUNK AME: Je Gervilla Chief Assistant City Attorney TITLE: fie finance Officer RECOMMENDED FOR APPROVAL: L- -)-NABIL SABA, PE (� Executive Director Public Works Agency Page 3 of 3 EXHIBIT A CITY OF SANTA ANA PROPOSAL PROJECT NO.: 22-6995 BRISTOL ST AND SANTA CLARA AVE TRAFFIC SIGNAL MODIFICATION FEDERAL PROJECT NO.: HSIPL 5063(204) BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: Elecnor Belco Electric,Inc. REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the following schedule: Item Description Qty Unit Unit Price Amount 1 Traffic Signal Modification 1 LS $ $ 2(,3,000 24.3,E 2 Install Video Detection System at 1 LS $ $ Bristol St and Santa Clara Ave y2,300 42000 3 *Install 2"PVC Conduit per Plan 100 LF $ $ �o ?,oar 4 *Install 3"PVC Conduit per Plan 100 LF $ $ 100 10,000 5 *Install 4"PVC Conduit per Plan 500 LF S� S y1),000 6 *Install No.6 Pull Box 6 EA $I,ZOrJ 112,30 7 *Install No.6E Pull Box 2 EA 1'sgs $ (7b 8 *Remove and Replace Concrete 100 SF $ $ Sidewalk 1!nq•50 (0g5o 9 Cold Mill(2") 5900 SF $ $ 2•�5 t6,ZZ5 10 Asphalt Rubber Hot Mix(ARHM) 74 TN $ $ Z •i 'lo3•ZH 11 Temporary Overhead Wiring at 1 LS $ $ Bristol St and Santa Clara Ave �(o�Sb0 ((p�$00 12 Pothole Pole Locations for Utility 8 EA $ $�'g� Conflicts 13 Pothole Utility Not Shown on Plans 4 EA $ $Q SO q00 P-1 of P-16 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 22-6995 BRISTOL ST AND SANTA CLARA AVE TRAFFIC SIGNAL MODIFICATION FEDERAL PROJECT NO.: HSIPL 5063(204) Item Description Qty Unit l Unit Price Amount 14 Signing and Striping 1 LS I $ $ 16,13o to,k30 15 Project Advertising Sign(s) 2 EA $ $ 11000 21,000 16 Construction Permit(s) 1 LS $6,500 $ (O 500 TOTAL BASE BID—BID ITEMS 1-16 ; �W LAR3/2-Nq.7f6 The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add-alternate bid items(if any). * The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the"25%" limit as stated in Section 3-2 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. j This bid item is considered a Specialty Item per Section 3-2 of the Standard Specifications. TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within sixty (60) working days after the commencement date stated in the Notice to Proceed. The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $3,200 per calendar day. Name of Firm Elecnor Belco Electric,1n•. Signature of BIDDER John it onL Title Vice President (If an individual, so state. If f co-partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) Alberto Garcia De Los Angeles/President John Wong/Vice President Pedro Enrile/Secretary Jeroni Gervilla/Treasurer P-2 of P-16 Castro, Jose From: City of Santa Ana <certificate-request@ctraxjdidata.com> Sent: Friday, February 24, 2023 12:13 PM To: rwilks@elecnor.com; certificates@willis.com; Castillo, Jose Gilbert; Castro, Jose; Thomas, Sean Subject: Internal Notice of Compliance NOTICE OF COMPLIANCE CITY STAFF: PRINT THIS PAGE AND INCLUM: Wrrrl AC RI. EMENr TO THE CLERI:OF T11E. C01INCH, Contractor Elecnor Belco Electric, Inc. Name: Project 22.6995 Number: Project Bristol Street And Santa Clara Avenue Traffic Signal Modification 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 EXPIRATIONCOI DATE FILENAME NUMBER DATE 22-6995 Elecnor Belco Electric, AUTOMOBILE LIABILITY IOUEAHF1837 11/O1/2023 02/09/2023 Inc., GL, AL, WC, 2023 -11- 01 pending.pdf _COI_Elecnor Belco GENERAL LIABILITY IOUEAHF1471 11/01/2023 11/18/2022 Electric_22- 7534_GL, AL, WC 2023-11- Ol_Pending.pdf _COI_Elecnor Belco PROFESSIONAL LIABILITY CEO744635505 11/O1/2023 11/18/2022 Electric_22- 7534_GL, AL, WC 2023-11- Ol_Pending.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 2/24/2023 3:12 PM POLICY NUMBER 10WEAAU9T8V EXPIRATION ( COI DATE DATE { 11/01/2023 11/18/2022 FILE NAME _COI Elecnor Belco Electric_22- 7534_GL, AL, WC 2023-11- Ol_Pending.pdf 2 1 CITY OF SANTA ANA PUBLIC WORKS AGENCY tom.,,,:,. CONTRACT CHANGE ORDER Project Number 22-6995 (HSIPL-5063(204)) Bristol St & Santa Clara Ave Change Order Number 1 Traffic Signal Modification To Elecnor Belco Electric, 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. To compensate the contractor for relocating Econolite autoscope camera from pole 4, type 15 TS to 17-3-100, pulling new camera cable from controller cabinet to pole 3, 17-3-100, and mounting camera on luminaire arm. Reference PCO#05 dated May 28,2024. TOTAL AGREED PRICE=$6,529.74 Page 1 of 2 of `" a r CITY OF SANTA ANA � -.746714" F PUBLIC WORKS AGENCY - * CONTRACT CHANGE ORDER Project Number 22-6995 Bristol St& Santa Clara Ave Traffic Signal Modification Change Order Number 1 To Elecnor Belco Electric, 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 $ 6,529.74 By reason of this order the CONTRACT TIME completion will be adjusted as follows: Zero (0)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 6/6/ Contractor Elecnor Belco Electric, Inc. By Title Alberto Garcia, President/CEO Approval recommended by Date 9fiz,/202-el PUBLIC WORK ENCYEXECUT DIR CTOR Approved by Date l VU Z} CITY MANAGER Attest: •- - Date (S:e—( � � CITY CLERK Page 2 of 2 of y,r ` � � CITY OF SANTA ANA _ A V • , - 4<allis 4 r= PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER a< !/. 11 V`ti Project Number 22-6995 (HSIPL-5063(204)) Bristol St & Santa Clara Ave Change Order Number 2 Traffic Signal Modification To Elecnor Belco Electric, 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. To compensate the contractor to reduce the height of one type 24 pole and one type 15TS pole to provide the necessary 10' clearance from the overhead powerlines at the intersection of Bristol Street and Santa Clara Ave per PCO#03 dated November 14,2023. AGREED PRICE: $6,928.57 2. To compensate the contractor for additional material costs to change from a 24-4-100 pole with 35' signal mast arm and 12' luminaire mast arm to a 26-4-100 pole with 40' signal mast arm and 15' luminaire mast arm per PCO#02 dated June 19, 2023. AGREED PRICE: $9,889.01 TOTAL CHANGE ORDER PRICE: $16,817.58 Page 1 of 2 CITY OF SANTA ANA PUBLIC WORKS AGENCY * * CONTRACT CHANGE ORDER r T - (, ! .. U,i Project Number 22-6995 Bristol St& Santa Clara Ave Traffic Signal Modification Change Order Number 2 To Elecnor Belco Electric, 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 $ 1 6,817.58 By reason of this order the CONTRACT TIME completion will be adjusted as follows: Zero(0)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 7/1 Contractor Elecnor Belco Electric, Inc. By Title President/CEO Approval recommended by 1 c, Date �l j�j12G� PUBLIC WORKS GENCY EXECUTIVE DIRECTOR Approved by )c"-e/ Date ! Z J Alvaro Nunez Acting City Manager Attest: • =-' 4r.• Date CITY CLERK � • Page 2 of 2