HomeMy WebLinkAboutGB COOKE, INC. Recording Requested By,
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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 III 111I I III II JJIJI lI II III IIIIII II� I"I III IIII ' 1III NO FEE
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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 SANTA ANA ZOO GOAT TRAIL under contract entered into on
M OCTOBER 4, 2022, with GB COOKE, INC., on which contract TRAVELERS CASUALTY
AAND SURETY COMPANY OF AMERICA is surety. The property on which such work
o improvement was placed is in the City of Santa Ana, County of Orange, State of California, and
o described as Project No. 21-2744 located at: SANTA ANA ZOO. The work improvement on
Asaid property was accepted as completed on APRIL 25Tn, 2024.
a
CITY OF SANTA ANA A MUNICIPAL CORPORATION
w � By '
Dated: y Principal Civil Engineer—Sean Thomas
TITLE
O
--------------------------
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 an tA tA VT ZD y , at Santa Ana, California
City Engineer Rodolfo Rosas
THIS NOTICE OF COMPLETION MUST BE RECORDED WITHIN TEN(10)DAYS AFTER COMPLETION
INSURANCE NOT ON FILE CITY OF SANTA ANA
WORK MAY NOT PROCEED CONSTRUCTION CONTRACT AGREEMENT
CLERK OF COUNCIL PROJECT NO.: 21-2744
Santa Ana Zoo Goat Trail
DATE:
This CONSTRUCTION CONTRACT is made and entered into this 4ch day of October, 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 GB Cooke, Inc., (hereinafter
"CONTRACTOR").
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WITNESSETH:
N The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows:
0
N
00 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 Santa Ana Zoo Goat Trail (hereinafter referred to as the "WORK
OF IMPROVEMENT") identified in and in accordance with the Contracts Documents prepared by the
City's Public Works Agency and approved by the City Council.
2. The complete Consuvction Contract consists of the "Contract I)OCU1nents" 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 Seven Hundred Twenty One Thousand Five
Hundred and Thirty One Dollars and No Cents ($721,531.00), 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.
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CITY OF SANTA ANA
CONSTRUCTION CONTRACT AGREEMENT
PROJECT NO.: 21-2744
Santa Ana Zoo Goat Trail
4. CONTRACTOR agrees to complete the WORK OF IMPROVEMENT within the time specified in
the Time for Completion of lmproxements section of the RID 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
INIPROV1=N91-1\l as more fully described in the CWA. The CWA maybe 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
(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 Lisurance as outlined in the General Prm isions. to be appro\ cd 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 attoruef'� fees. Ibr igjuB. including, death to am
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,
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CITY OF SANTA ANA
CONSTRUCTION CONTRACT AGREEMENT
PROJECT NO.: 21-2744
Santa Ana Zoo Goat Trail
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.
IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and
year first above written.
ATTEST:
Laz-
N L. ININL
Clerk of the Councr
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By: 6 !L �y -F— f -
JOHN FUNK
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
NABIL SABA, PE
Executive Director
Public Works Agency
CITY OF SANTA ANA
K STINE R GE
City Manager
NAME: Brad
Title: President
Inc.
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CITY OF SANTA ANA
PUBLIC WORKS AGENCY
CONTRACT CHANGE ORDER
Project Number Project No. 21-2744 Goat Encounter Change Order Number
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.
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
EXTRA WORK AT AGREED PRICE
1. A utility scan was conducted to identify existing storm drain line for the installation of new
catch basins. (PCO #1)
TOTAL AGREED PRICE = $4,210.00
2. The drip pans were re -designed to allow better maintenance access and Line-X coating was
added to increase drip pan.lifespan. (PCO #2)
TOTAL AGREED PRICE = $17,156.00
3. Additional storm drain pipe was installed in order to connect new catch basins to the existing
storm drain system. (PCO #3)
TOTAL AGREED PRICE = $2,094.00
4. Due to an existing underground utility running through a proposed footing for the raised
trail, the utility line was foam wrapped. Adjustments were made to the rebar and sonotube
to fit around the existing pipe. (PCO 45)
TOTAL AGREED PRICE = $1,147.00
5. Due to field conditions, the existing hand wash station had to be demolished. New water
and sewer lines were installed in order to provide service to the proposed hand wash
station location. (PCO #6)
TOTAL AGREED PRICE = $4,077.00
6. Due to field conditions and per Staff request, planter areas were reconfigured to avoid utility
lines and to allow tree relocation. Additional fencing material was used to accommodate
the new layout. (PCO #7R1)
TOTAL AGREED PRICE = $9,057.00
7. Goat silhouettes made of sheet metal were welded onto the raised trail in order to prevent
goats from climbing on the adjacent barn roof. (PCO #8R1)
TOTAL AGREED PRICE = $1,819.00
Page 1 of 3
CITY OF SANTA ANA
PUBLIC WORKS AGENCY
CONTRACT CHANGE ORDER
Project Number Project No. 21-2744 Goat Encounter Change Order Number 1
To G.B. Cooke, 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
specircations 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
8. Additional %" HDPE treads were installed on the raised trail in order to prevent goat, waste
buildup on the trail, making it easier for staff to maintain. (PCO #9R1)
TOTAL AGREED PRICE = $8,288.00
9. Due to field conditions, additional irrigation was installed for the new tree location, an
existing mainline was moved, existing shade sail post was relocated, and trenching was
performed for an electrical outlet. (PCO #10)
TOTAL AGREED PRICE = $4,043.00
10. The concrete slab under the tractor was thickened to allow for drainage of the area and also
meet elevation of raised trail. (PCO #11)
TOTAL AGREED PRICE = $487.00
11. Due to field conditions and per Staff request, planter areas were reconfigured to avoid utility
lines and to allow tree relocation. Additional fencing material was used to accommodate
the new layout. (PCO #12)
TOTAL AGREED PRICE = $2,967.00
12. Staff requested to refurbish the existing Goat Building by applying paint and a decorative
decal. (PCO #13)
TOTAL AGREED PRICE = $23,431.00
13. Additional fence posts and bracing need to be installed in order to support a leaning fence.
(PCO #14)
TOTAL AGREED PRICE = $1,200.00
TOTAL CHANGE ORDER AMOUNT
$79,976.00
Page 2 of 3
CITY OF SANTA ANA
PUBLIC WORKS AGENCY
CONTRACT CHANGE ORDER
Project Number Project No. 21-2744 Goat Encounter Change Order Number 1
To G.B. Cooke, 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
speclficallons 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 $ 792976.00
By reason of this order the CONTRACT TIME completion will be adjusted as follows: Seventy (70) working days.
We the undersigned contractor have given careful consideralion 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 141%0-A Contractor G.B. Cooke, Inc.
By /' / i _ Title V 7
lwi5/✓`-1 any
Approval recommended by %--,-._�V \ �tr 4h Dale df-
PUBLIC WORKS AGENCY EXECUTIVE DIRECTOR
Approved by zX_JW Dale
CITYMANAGER
ATT T:
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