HomeMy WebLinkAboutTOWO ENTERPRISE, INC. 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
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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
A construction of PEDESTRIAN & MOBILITY IMPROVEMENTS PHASE I under
U n contract entered into on _RJNE 6, 2023 with TOWO ENTERPRISE, Inc, , on
which contract DEVELOPERS SURETY AND INDEMNITY COMPANY is surety.
W0 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. 22-1405 located at:
AVARIOUS LOCATIONS The work improvement on said property was accepted as
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o w completed on MARCH 11, 2025.
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w CITY OF SANTA ANA,A MUNICIPAL CORPORATION
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By �L
oDated: l� Principal Civil Engineer—Sean Thomas
sera �" 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 snake 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 M fi P-61 f- 1 Z 7'* e Zo Z j ,at Santa Ana, California
City Engineer—Rudy Rosas
THIS NOTICE OF COMPLETION MUST BE RECORDED WITHIN TEN(10)DAYS AFTER COMPLETION
INSURANCE ON FILE
WORK MAY PROCEED CITY OF SANTA ANA
UNTIL INSURANCE EXPIRES
G-T,Q&A CONSTRUCTION CONTRACT AGREEMENT
CITY CLERK PROJECT NO.: 22-1405
DATE: NOV 3 0 2023 PEDESTRIAN AND MOBILITY IMPROVEMENTS PHASE I
O'. VWACy)
Ca, perez)'"T-
This CONSTRUCTION CONTRACT is made and entered into this 6" day of June, 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 Towo Enterprise, 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 Pedestrian and Mobility Improvements Phase I 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 hrviting 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 Hundred and Nineteen Thousand Three
Hundred Twenty Dollars and No Cents ($319,320.00), 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 1 of 4
CITY OF SANTA ANA
CONSTRUCTION CONTRACT AGREEMENT
PROJECT NO.: 22-1405
PEDESTRIAN AND MOBILITY IMPROVEMENTS PHASE I
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.org/pwa/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 (1001/0)
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 (201/o) 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;
Page 2 of 4
CITY OF SANTA ANA
CONSTRUCTION CONTRACT AGREEMENT
PROJECT NO.: 22-1405
PEDESTRIAN AND MOBILITY IMPROVEMENTS PHASE I
(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
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.
11. USE OF CSLFRF FUNDS
Funds from the Coronavirus State Fiscal Recovery Fund and/or the Coronavirus Local Fiscal Recovery
Fund, together known as the Coronavirus State and Local Fiscal Recovery Funds ("CSLFRF") program,
will be used to fund all or a portion of this Construction Contract. CONTRACTOR shall comply with all
applicable federal requirements including, but not limited to, the following, all of which are expressly
incorporated herein by reference:
a. Sections 602 and 603 of the Social Security Act as added by Section 9901 of the American
Rescue Plan Act of 2021 (the "Act');
b. U.S. Department of the Treasury ("Treasury") Final Rule for the Act;
c. Treasury Compliance and Reporting Guidance for the Act;
d. 2 C.F.R. Part 200 — Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards, other than such provisions as the U.S. Department of the
Treasury may determine are in applicable to the CSLFRF program and subject to such
exceptions as may be otherwise provided by the U.S. Department of the Treasury;
e. Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions; and
f. Federal contract provisions attached hereto as Exhibit `B" and incorporated herein by
reference.
Subcontracts, if any, shall contain a provision malting 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 law or regulation, the more stringent requirement shall control.
[signature page to follow]
Page 3 of 4
CITY OF SANTA ANA
CONSTRUCTION CONTRACT AGREEMENT
PROJECT NO.: 22-1405
PEDESTRIAN AND MOBILITY IMPROVEMENTS PHASE I
IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and
year first above written.
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
M.
JOSE MONTOYA
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
"s�
N IL SABA, PE
Executive Director
Public Works Agency
CITY OF SANTA ANA
Tom Hatch
Interim City Manager
CONTRACTOR:
Towo Enterprises, Inc.
G-at , zz ?
NAMLY.Yun Su Chung
TITLE: President
Page 4 of 4
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I190
CITY OF SANTAANA ADDENDUM Na.: 1
PROPOSAL
PROJECT NO.: 22-1405
PEDESTRIAN AND MOBILITY IMPROVEMENTS PHASE I
BID PROPOSAL
TO: CITY COUNCIL OF THE CITY OF SANTA ANA
FROM: Towo Enterprise 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 prices) or lump sums) set forth in the following
schedule:
Item
Description _
Qty
Unit _
Unit Price
Amount
1
Unclassified Excavation*
150
Cy
$ 120.00
$18,000.00
2
AC Pavement
21
TN
$ 300.00
$ 6,300.00
3
Construct PCC Sidewalk (T=4")
788
SF
$ 15.00
$11 820.00
per C.O.S.A. Std. Plan 1104*
4
Construct PCC Cuib Ramp*
4900
SF
$ 35.00
$171,500.00
5
Construct PCC Curb and Gutter
512
LF
$ 100.00
$ 51 200.00
(T)pe A-2-6)*
6
Adjust Manhole Frame and Cover
1
EA
$ 2,500.00
$ 2, 500.00
to Grade
7
Adjust Water Valve Frame and
_
I
EA
$ 1,600.00
$ 1,500.00
Cover to Grade
8
_
Construct Color Stamped
Concrete including rebar (T=8")
_
_ 50
SF
$ 100.00
$ 5,000.00
9
Construct PCC Modified Rolled
Curb and Gutter
70
LF
$ 100.00
$ 7,000.00
10
Signing and Striping
1
LS
$ 10,000.00
$10,000.00
11
Furnish & Install Complete
1
LS
$ 20,000.00
r$20,000.00
Functioning Carmanah RRFB
12
Project Advertising Sign(s)
2
EA
$ 1,500.00
$ 3,000.00
13
As -Built Plans
1
LS
$5,000
$ 5,000.00
P-1 of P-20
EXHIBIT A
CITY OF SANTA ANA
PROPOSAL
PROJECT NO.: 22-1405
PEDESTRIAN AND MOBILITY HAPROVEMENTS PHASE I
Item
Description
Qty
Unit
Unit Price
Amount
14
Construction Permit
I
LS
$6,500
$ 6,500.00
TOTAL BASE BID 1 $ 319,320.00
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.
t This bid item is considered a Specialty Item per Section 3-2 of the Standard Specifications.
TIME FOR COMPLETION OF IMPROVEMENTS AND LIOUIDATED 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 $3,600 per calendar day.
Name of Firm Towo Enterprise Inc
Signature of BIDDER 44---
Title Yun Su ChuAg, President
(If an individual, so state. If a firm or 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.)
P-2 of P-20
Mai, Danny
From: City of Santa Ana <certificate-request@ctrax.jdidata.com>
Sent: Monday, July 31, 2023 2:28 PM
To: Mai, Danny; Castillo, Jose Gilbert;jasonlee@towoenterprise.com; 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 Towo Enterprise, Inc.
Name:
Project 22.1406
Number:
Project Pedestrian And Mobility Improvements Phase I
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
AUTOMOBILE LIABILITY
GENERAL LIABILITY
PROFESSIONAL LIABILITY
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
POLICY NUMBER EXPIRATION COI DATE
DATE
504610126323001 08/10/2024 07/11/2023
0100233534
WAIVER
CWC01517600
1
04/04/2024 07/11/2023
07/17/2024 07/31/2023
FILE NAME
—COI—Towo
Enterprise_22-
1405_GL_AL_WC_Exp_1-
11-24_pending.pdf
—COI—Towo
Enterprise_22-
1405_GL_AL_WC_Exp_1-
11-24_pen d i ng. pdf
22-1405 Towo Enterprise
No Professional
Letter. pdf
COI Towo
01/11/2024 07/11/2023 Enterprise_22-
1405_G L_A L_ W C_Exp_1-
11-24_pending.pdf
CITY OF SANTA ANA
PUBLIC WORKS AGENCY
CONTRACT CHANGE ORDER
Project Number Project No. 22-1405: Pedestrian and Mobility Improvements Phase Change Order Number
1
To Towo Enterprise 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
JUSTIFICATION
1. To compensate contractor for the removal of coblle stone and installation of grouted in place
splash pads (From Ross to Flower St. along Santa Ana Blvd) 17 splash pads total. (PC0#1)
AGREED COST: $29,750.00
TOTAL AGREED COST: $29,760.00
Page 1 of 2
ATTE
CITY OF SANTA ANA
PUBLIC WORKS AGENCY
CONTRACT CHANGE ORDER
Project Number Project No. 22-1405: Pedestrian and Mobility Improvements Phase Change Order Number 1
1
To Towo Enterprise 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 $ 29,750.00
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 02/06/2024 Contractor Towo Enterprise Inc.
By Title
Project Manager
Approval recommended b (�a Date '�fsJ2r�
PUBLIC WORKS AGENCY EXECUTIVE DIRECTOR
T: Approved by G�/' Date
CITY MANAGER
Jennifer
11 y Clerk
Page 2 of 2