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HomeMy WebLinkAboutCABIFORNIA INC. (SANTA ANA ZOON GLULAM BEAMS AT TICKET BOOTH AND GIFT SHOP) INSURAVCF ON FILE WORK MAY PRO{ EC 3 UNTi *S -"J' `` `��' CITY OF SANTA ANA CITY CLENK CONSTRUCTION CONTRACT r`. OCT 3 0 2025 �:FwY�(2) PROJECT 25-2604 �7anN Ivt 2, (U2) SANTA ANA ZOO GLULAM BEAMS AT TICKET BOOTH AND GIFT SHOP This CONSTRUCTION CONTRACT is made and entered into this 22"a day of September, 2025 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 Cabifornia Inc. (hereinafter"CONTRACTOR"). WITNESSETH: 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 Santa Ana Zoo Glulam Beams at Ticket Booth and Gift Shop Project(hereinafter referred to as the"WORD 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 WORD. OF IMPROVEMENT the sum total amount not to exceed One Hundred Twenty-Seven Thousand Two Hundred Dollars and No Cents ($127,200.00), 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.08/01/2023 Page 1 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: 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 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: CITY OF SANTA ANA NNIFER HA L ALVARO NU EZ N City Cler City Manager APPROVED AS TO FORM: SONIA R. CARVALHO CONTRACTOR: City Attorney Cabifornia Inc. e Nellesen NAME: Saeed Mohammad Assistant City Attorney TITLE: president RECOMMENDED FOR APPROVAL: FOR , P.E. Acting Executive Director Public Works Agency Page 3 of 3 EXHIBIT A CITY OF SAN'TA ANA: PROPOSAL, PROJECT NO.: 25-2604 SA.NTA ANA ZOO GLULAM BEAMS AT TICKHT BOOTH AND GIFT SHOP 13ID PROPOSA TO: CITY COUNCIL Or THE CITY OF SANTA ANA FROM: REQUIREMENT: The undersigned bidder.declares that they have cgrefully examined tho location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to Runish all material and do all the work required to complete the said work in accordance with said pxans'(if any) and the specifications for the unit priee(s)or lump sum(s) set forth in the following' schedule: Item Description Qty Unit Unit Price Amount t Santa Ana zoo Glulam$eaim at Ticket 1 LS $ $ Hooth and Gift Shopf 118,000.0 118-.000.00 2 Project Adver isement Sign 1 EA .2,300 2,300.00 3 Construction Permit i LS $6,900 $65900 TOTAL& B1CD 127,200.00 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-Ihe add-alternate,bid items(if any). This bid item is considered a Specialty Item per Section 3-2 of the Standard Specifications. TWE FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED D.A,MAG.ES The undersigned bidder hereby proposes to complete the Work for the total base.bid amount shown above, within .number (20) working-days air the commencement date stated in the Notice to Proceed. Upon issuance of the Notice to Proceed, Contractor shall immediately place order for long-lead time itertas (i.e. Glulam Beams). The liquidated damages amount,in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall-be$1,000per calendar day: Name of Firm. CABIFORNIA Inc. Signature of BIDDER Id", Title 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-1 of P.16 CITY OF SANTA ANA .. . PROPOSAL PROTECT NO.: 25-2604 S.ANTA ANA ZOO GLULAM BEAMS AT TICIOT BOOTH AND GIFT,SHOT' BIDDER'S STATEMENT; BIDDER understands and. agrees•that this Bid Proposal, Contract Documents and subsequent Construction Contract.Agreement shall constift to the entire agreement between BIDDER.and the AGENCY only after it has been accepted by the City Council,endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council,signed-by the Public Works Agency Executive Director or his/her dilly authorized.agent, and signed by the City Attorney,denoting his approval of tho form of this document, and its execution, and when it of an exact copy of it has been either delivered to BIDDER or deposited with the United States Postal Service property addressed'to the BIDDER with the correct postage affixed thereto. BIDDER further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish AGENCY all xequired bonds and certificate of liability insurance within teat (10) business days or the funds, check, abaft, or BIDDERS bond substituted in lieu thereof accompanying this proposal.shall become the property of the AGENCY and shall be considered as payment of damages due to.the delay,and other causes suffered by AGENCY because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered is difficult to ascertain;otherwise said funds, cheek, drafts, or BIDDER'S bond substituted in lieu thereof shall be returned to the undersigned. BIDDER understands that a bid is required for the entire work,the estimated quantities set forth in the bid schedule are solely for the purpose of comparing bids,and that final compensation under the contract will be,based upon the'actual quantities of work satisfactorily completed. The BIDDER also certifies that the bid is a balanced bid. In accordance with Section 7028.15 of the California. Business and Professions Code, the undersigned certifies under penalty of perjury that the foregoing is true and correct, Name ofPirin . CABIF'ORNIA Inc. Signature of BIDDER Title President (If an individual, so state. If a fi p or oo-partnership, state;the flxm name and give the namos 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-1 6 CITY OF SANTA ANA PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number Project No. 25-2604 Santa Ana Zoo Gluiam Beams at Ticket Booth Change Order Number 1 and Gift Shop To Cabifornia, 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 replacing existing conduits, connectors, couplings, and electrical boxes per PCO#01 dated January 7, 2026. AGREED PRICE = $11,013.61 2. To compensate the contractor to upgrade the existing conduit to 2-inches for low voltage improvements per PCO#03 dated February 10, 2026. AGREED PRICE.= $9,770.00 TOTAL AGREED PRICE = $20,783.61 Page 1 of 2 -• CITY OF SANTA ANA wR. ,,. PUBLIC WORKS AGENCY _All = CONTRACT CHANGE ORDER Project Number 25-2604 Santa Ana Zoo Glulam Beams at Ticket Booth and Gift Shop Change Order Number � To Cablfornia, 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 change order. The signing of this change order constitutes full mutual accord and satisfaction for all changes and work performed on this change order, 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 change order. 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 change order. TOTAL COST THIS CHANGE ORDER: DECREASE $ _______________ INCREASE $ 20,783.61 By reason of this order the CONTRACT TIME completion will be adjusted as follows: Five (5) Working DaVs 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 02/18/2026 Contractor Cabifornia, Inc. By Saeed Mohammadi Title President Approval recommended by Date Z�Zaf T�s C W KSA CYEXECUTI RECTOR T7 `Approved by Date 3 /g/7, 1TYn ANAGER Attest: Date �� — ERK Page 2 of 2