HomeMy WebLinkAboutGREEN GIANT LANDSCAPE, INC. (9) 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 J1111 lfj Ill11111lill�!III 1111 fill'IIIIIIIIIIII 1111 Jill II]II NO FEE
20 Civic Center Plaza,P.O.Box 1989 g 0 p 1 4 7 1 2 0 5 8 $
Santa Ana,CA 92702 202300031421512:01 pm 12I21123
48 414A N12 1
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THIS SPACE FOR COUNTY RECORDERS USE ONLY
E
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the undersigned City of Santa Ana, California, a l
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 17TH STREET TRIANGLE PARK RESTORATION under contract entered
U 00 into on JULY 24, 2023 with GREEN GIANT LANDSCAPE, INC , on which
contract PHILADELPHIA INDEMNITY INSURANCE COMPANY is surety. The
Wo property on which such work improvement was placed is in the City of Santa Ana, County of
o z Orange, State of California, and described as Project No. 21-2741 located at:
INTERSECTION OF 17TH STREET AND SANTA ANA RIVER TRAIL The work
oimprovement on said property was accepted as completed on DECEMBER 20, 2023.
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O S A "Il'AL CORPORATION
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z By
Dated: lZ h lZ Principal Civil En e —Scan Thomas
U p" TITLE
-------------------------------------------------------------------------------------------
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 on PFX2�5f-16Z/ ?,_1 , 2,4> , at Santa Ana, California
City Engineer—Rodolfo Rosas
THIS NOTICE OF COMPLETION MUST BE RECORDED WITHIN TEN(10)DAYS AFTER.COMPLETION
INSURANCE ON FILE
WORK MAY PROCEED
UNTIL �NSS ANCEEXPIRES CITY OF SANTA ANA
CITY CLERK �STRUCTION CONTRACT AGREEMENT
DATE:
PROJECT NO.. 21-2741
Q Q W Pf(T) 17TH STREET TRIANGLE PARK RESTORATION
co ssCCONSTRUCTION CONTRACT is made and entered into this 24`h day of July, 2023 by and between
N the City of Santa Ana, California, a charter city and municipal corporation organized and existing under
w the Constitution and laws of the State of California (hereinafter "CITY"), and Green Giant Landscape Inc.
co (hereinafter "CONTRACTOR").
0
E4J WITNESSETH:
co
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 17`h Street Triangle Park Restoration 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 Two Hundred and Fifty Thousand Dollars and
No Cents ($250,000.00), 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.
«. 09/01/2017 Page 1 of 3
4. CONTRACTOR agrees to complete the WORK OF EVIPROVEMENT 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 CTTY'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
EYIPROVEMENT as more fully described in the CWA. The CWA may be found on the City's website
at: bgp://www.santa-ana.org/pwa/docurnents/CWA.t)df
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, fun ish 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 "lndemnitees"),
through legal counsel acceptable to MY, 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
OR) 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:
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
M
JOSE MONTOYA
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
0 -0sa�N
XABIL SABA, PE
xecutive Director
Public Works Agency
CITY OF SANTA ANA
KRISTINE RIDGE
City Manager
CONTRACTOR:
n Giant Landscape, In(
NAME: Dmiaot L— p
TITLE: prrsip ,'t
Page 3 of 3
Perez, Ricardo
From: City of Santa Ana <certificate-request@ctrax.jdidata.com>
Sent: Thursday, August 24, 2023 9:27 AM
To: Perez, Ricardo; Thomas, Sean
Subject: Internal Notice of Compliance
NOTICE OF COMPLIANCE
CITI' STAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL
Contractor
Green Giant Landscape, Inc.
Name:
Project
Number:
21-2741
Project
17th Street Triangle Park Restoration
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 corn
TYPE OF
AUTOMOBILE LIABILITY
are:
POLICY EXPIRATION
NUMBER DATE
5046101380640011 05/08/2024
COI DATE
08/21/2023
FILE NAME
21-2741 Green
Giant Landscape
GL 23-10-09,
AL 24-05-08,
WC 24-04-
01.pdf
21-2741 Green
Giant Landscape
GENERAL LIABILITY BK056365248 10/09/2023 08/11/2023 GL 23-10-09,
AL 24-05-08,
WC 24-04-
01.pdf
21-2741 Green
Giant Landscape
WORKERS COMPENSATION AND GRWC425425 04/01/2024 08/11/2023 GL 23-10-09,
EMPLOYERS' LIABILITY AL 24-05-08,
WC 24-04-
0 Lpdf
1
CITY OF SANTA ANA
PUBLIC WORKS AGENCY
CONTRACT CHANGE ORDER
Project Number Project No. 21-2741 — 17th Street Triangle Park Renovation Change Order Number
1
To Green Giant Landscape 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 ORnFR IS NnT FFPFrTNC i iKmi .r,nM^... .... ....
"--""'-'��`•• . VIYI.IL VR li111 MAIVAIItK.
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 the contractor for costs associated with installation of the 2" Water service
by Big Ben Engineering. 1
2. To compensate the contractor for costs associated with installation of a 2" Backflow
device and its enclosure.
3. To compensate the contractor for costs associated with sidewalk repair.
4. To compensate the contractor for costs associated with miscellaneous items, including
permits, irrigation connection, and an additional 2" mainline, spanning approximately
250 linear feet.
5. To compensate the contractor for costs associated with purchase and installation of 25
tons of 12" rip rap each.
6. To compensate the contractor for costs associated with installation of two pressure -
treated 2x6 top and bottom fence rails, both inside and outside the fence, for the
purpose of installing fencing.
TOTAL AGREED COST: $50,000.00
Page 1 of 2
CITY OF SANTA ANA
PUBLIC WORKS AGENCY
CONTRACT CHANGE ORDER
Project Number Project No. 21-2741 —17th Street Trian le Park Renovation Change Order Number 1
To Green Giant Landscape Inc.
Contractor
You are hereby directed to make the herein changes from the plans and spedcafions or do the following described work not included in the plans and
specifications on this contract.
NOTE: THIS CHANGE ORDER IS NOT FFFFCTfvr I wTII w000nvmn DV Tug n, ry nn
-
----' -- Al V1 I I VwNt IL VI( U I T MANAE:K.
Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance WH be made for idle fime.
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 $ 50 000.00
By reason of this order the CONTRACT TIME completion will be adjusted as follows: Five (5) 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 pdces shown above.
Accepted, Date Contractor Green Giant Landscape, Inc.
By 170vta(r� L �VLG(tt$�Title(�(,��1 Pt�"��flairst-f
Approval recommended l4 E'E !7h Date 111 z3
i PUBLIC WORKS YS(ECUTIVEDIRECTOR
Approved by t� Date l ]p L
CDYMANAGER
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