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EVERLEVEL HOLDINGS, LLC (FIRST STREET SLOPE STABILIZATION PROJECT)
INSURANCE NOT ON FILE WORK MAY NOT PROCEED CLERK OF COUNCIL DATE: FEB 0 7 2023 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT 22-1341 B= FIRST STREET SLOPE STABILIZATION �w�l2� ()16iMOLP)OV) This CONSTRUCTION CONTRACT is made and entered into this 200' day of December, 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 EverLevel Holdings, LLC (hereinafter "CONTRACTOR'). WITNESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 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 First Street Slope Stabilization (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 • 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 Million, Four Hundred Eighty -Two Thousand, Eight Hundred Ninety -Two Dollars and No Cents ($4,482,892.00), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit `B." The BID PROPOSAL contains a schedule of unit prices) 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 14 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 timefiame therein specified after issuance of allotice 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: htty://www.santa-ana.org/nwa/docunients/CWA.pdf 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 (1000/0) of the Contract price to guarantee payment of all claims for labor and materials farnished (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 mariner 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 14 (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. FEDERAL PROVISIONS. 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.P.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 inapplicable 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 "A" 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, Page 3 of 14 IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: / """ 7w. 7 JOHN FUNK Chief Assistant City Attorney RECOMMENDED FOR APPROVAL: � Executi SABre PE /f�Executive Director Public Works Agency CITY OF SANTA ANA KIUSTINE RIDGE City Manager CONTRACTOR: EverLevel Holdings, LLC 04"3 &' NAME: *o- F00i TITLE: PWb DQW 1030o Page 4 of 14 EXIIIBIT A FEDERAL CONTRACT PROVISIONS During the performance of this Construction Contract, CONTRACTOR shall comply with all applicable federal laws and regulations including, but not limited to, the federal contract provisions in this Exhibit «A» 1. REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX 11 TO PART 200 — CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS (2 C.F.R. § 200.327) (a) Appendix II to Part 200 (A); Appendix II to Part 200 (B): Remedies for Breach: Termination for Cause/Convenience. The Contract Documents include remedies for breach and termination for cause and convenience. (b) Appendix II to Part 200 (C) — Equal Employment Opportunity: During the performance of this Construction Contract, CONTRACTOR agrees as follows: (i) The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (ii) The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of the CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (iii) The CONTRACTOR will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired. about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as apart of such employee's essential job functions discloses the compensation of such other employees or applicants to individualswho do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the CONTRACTOR's legal duty to furnish information. Page 5 of 14 (iv) The CONTRACTOR will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the CONTRACTOR's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (v) The CONTRACTOR will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (vi) The CONTRACTOR will furnish all hrformation and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to bis books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (vii) •In the event of the CONTRACTOR's noncompliance with the nondiscrimination clauses of this Construction Contract or with any of the said rules, regulations, or orders, this Construction Contract may be canceled, terminated, or suspended in whole or in part and the CONTRACTOR may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (viii) The CONTRACTOR will include the portion of the sentence immediately preceding paragraph (i) and the provisions of paragraphs (i) through (vii) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The CONTRACTOR will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event the CONTRACTOR becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States. The CITY further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the CITY so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the Construction Contract, The CITY agrees that it will assist grid cooperate actively with the administering agency mud the Secretary of Labor in obtaining the compliance of the CONTRACTOR and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the Page 6 of 14 supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The CITY further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts Enid federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part I1, Subpart D of the Executive Order. In addition, the CITY agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part the grant (contract, loan, insurance, guarantee) for this project; refrain from extending any further assistance to the applicant Linder the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. (c) Appendix TI to Part 200 (D) — Davis -Bacon Act: Not applicable to this Construction Contract since it is funded by CSLFRF. (d) Appendix II to Part 200 (D) — Copeland "Anti -Kickback" Act Not applicable to this Construction Contract since it is funded by CSLFRF. {e) Appendix II to Part 200 (M — Contract Work Hours and Safety Standards Act: (i) Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (ii) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (ii) of this section the CONTRACTOR and any subcontractor responsible therefor shall be liable for the unpaid wages, In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (ii) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (ii) of this section, (iii) Withholding for unpaid wages and liquidated damages. The CITY shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the CONTRACTOR or subcontractor under any such contract or any other Federal contract with the CONTRACTOR, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is Page 7 of 14 held by the CONTRACTOR, such sums as may be determined to be necessary to satisfy any liabilities of CONTRACTOR or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (iii) of this section. (iv) Subcontracts. The CONTRACTOR or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (ii) through (v) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The CONTRACTOR shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (ii) through (v) of this Section. M Appendix II to Part 200 (F) — Rights to Inventions Made Under a Contract or Agreement: Not applicable to this Construction Contract. (g) Appendix ll to Part 200 (G) — Clean Air Act and Federal Water Pollution Control Act: (i) Pursuant to the Clean Air Act, (1) CONTRACTOR agrees to comply with all applicable standards, orders or regulations issued pursuant to. the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq., (2) CONTRACTOR agrees to report each violation to the CITY and understands and agrees that the CITY will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) CONTRACTOR agrees to include these requirements in each subcontract exceeding $150,000, (if) Pursuant to the Federal Water Pollution Control Act, (1) CONTRACTOR agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) CONTRACTOR agrees to report each violation to the CITY and understands and agrees that the CITY will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) CONTRACTOR agrees to include these requirements in each subcontract exceeding $150,000. (h) Appendix 11 to Part 200 (H) — Debarment and Suspension: (i) This Construction Contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F,R. pt. 3000. As such CONTRACTOR is required to verify that none of the CONTRACTOR, its principals (defined at 2 C.F.R. § 180,995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180940) or disqualified (defined at 2 C.F.R. § 180.935). (ii) CONTRACTOR must comply with 2 C.F.R. pt, 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (iii) This certification is a material representation of fact relied upon by CITY. If it is later determined that CONTRACTOR did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the CITY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (iv) CONTRACTOR warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs. CONTRACTOR also agrees to verify that all Page 8 of 14 subcontractors performing work under this Construction Contract are not debarred, disqualified, or otherwise prohibited from participation in accordance with the requirements above. CONTRACTOR further agrees to notify the CITY in writing immediately if CONTRACTOR or its subcontractors are not in compliance during the term of this Construction Contract. (i) Appendix II to Part 200 (1) — Byrd Anti -Lobbying Act: CONTRACTORS that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non -Federal fiords that takes place in connection with obtaining any Federal award. Such disclosures ate forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. CONTRACTOR must sign and submit to the CITY the certification regarding lobbying attached hereto as Attachment "1" and incorporated herein by this reference. {j) Appendix II to Part 200 (.1) — §200.323 Procurement of Recovered Materials: (i) CONTRACTOR shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirniative procurement. (ii) In the performance of this Construction Contract, the CONTRACTOR shall make maximum rise of products. containing recovered materials that are EPA -designated items unless the product cannot be acquired: competitively within a timefi•ame providing for compliance with the contract performance schedule; meeting contract performance requirements; or at a reasonable price. (iii) Information about this requirement, along with the list of EPA -designate items, is available at EPA's Comprehensive Procurement Guidelines web site, (iv) The CONTRACTOR also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act." (k) Appendix II to Part 200 (IC) — 4200.216 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment: (i) CONTRACTOR shall not contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system funded under this Construction Contract. As described in Public Law 115-232, section 889, covered Page 9 of 14 telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (1) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (2) Telecommunications or video surveillance services provided by such entities or using such equipment. (3) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. (ii) See Public Law 115-232, section 889 for additional information. (1) Appendix II to Part 200 Q — V00.322 Domestic Preferences for procurement (i) CONTRACTOR shall, to the greatest extent practicable, purchase, acquire, or use goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subcontracts. (ii) For purposes of this section: (1) "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) "Manufactured products" means items and construction materials composed in whole or input ofnonferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. 2. COMPLIANCE WITH U.S. DEPARTMENT OF THE TREASURY CORONAVIRUS LOCAL FISCAL RECOVERY FUND AWARD TERMS AND CONDITIONS (a) Maintenance of and Access to Records. CONTRACTOR shall maintain records and financial documents sufficient to evidence compliance with section 603(c) of the Act, 'Treasury's regulations implementing that section, and guidance issued by Treasury regarding the foregoing. CONTRACTOR agrees to provide the CITY, Treasury Office of Inspector General and the Government Accountability Office, or any of their authorized representatives access to any books, documents, papers, and records (electronic an otherwise) of the CONTRACTOR which are directly pertinent to this Construction Contract for the purposes of conducting audits or other investigations. Records shall be maintained by CONTRACTOR for a period of five (5) years after completion of the project, Page 10 of 14 (b) Compliance with Federal Regulations. CONTRACTOR agrees to comply with the requirements of section 603 of the Act, regulations adopted by Treasury pursuant to section 603 (f) of the Act, and guidance issued by Treasury regarding the foregoing. CONTRACTOR also agrees to comply with all other applicable federal statutes, regulations, and executive orders, including, without limitation, the following: (i) Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Pant 25 is hereby incorporated by reference. (ii) Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference. (iii) OMB Guidelines to Agencies on Govermmentwide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury's implementing regulation at 31 C.F.R. Part 19. (iv) Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference. (v) Governmentwide Requirements for Drug -Free Workplace, 31 C.P.R. Part 20. (vi) New Restrictions on Lobbying, 31 C.F.R. Part 21. (vii) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations. (c) Compliance with Federal Statutes and Reg111ations Prohibiting Discrimination CONTRACTOR agrees to comply with statutes and regulations prohibiting discrimination applicable to the CSLFRF program including, without limitation, the following: (i) Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury's implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance. (ii) The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability. (iii) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance. (iv) The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury's implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance. Page 11 of 14 (v) Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto. (d) False Statements. CONTRACTOR understands that making false statements or claims in connection with the CSLFRF program is a violation of federal law and may result in criminal, civil, .or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law. (e) Protections for Whistleblowars, (i) In accordance with 41 U.S.C. § 4712, CONTRACTOR may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. (ii) The list of persons and entities referenced in the paragraph above includes the following: management; enforcement agency; (1) A member of Congress or a representative of a committee of Congress; (2) An Inspector General; (3) The Government Accountability Office; (4) A Treasury employee responsible for contract or grant oversight or (5) An authorized official of the Department of Justice or other law (6) A court or grand jury; or (7) A management official or other employee of CONTRACTOR, or a subcontractor who has the responsibility to investigate, discover, or address misconduct. (f) Increasing Seat Belt Use in the United States Pursuant to Executive Order 13043, 62 FR. 19217 (Apr. 18, 1997), CONTRACTOR is encouraged to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company -owned, rented or personally owned vehicles, and encourage its subcontractors to do the same (g) Reducing Text Messaging While Driving_ Pursuant to Executive Order 1351.3, 74 FR 51225 (Oct. 6, 2009), CONTRACTOR should encourage, its employees and subcontractors to adopt and Page 12 of 14 enforce policies that ban text messaging while driving, and CONTRACTOR should establish workplace safety policies to decrease accidents caused by distracted drivers. (h) Assurances of Compliance with Civil Rights Requirements. The Civil Rights Restoration Act of 1987 provides that the provisions of this assurance apply to the Project, including, but not limited to, the following: (i) CONTRACTOR ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal funds, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166; directives; circulars; policies; memoranda and/or guidance documents. (ii) CONTRACTOR acknowledges that Executive Order 13166, "Improving Access to Services for Persons with Limited English Proficiency (LEP)," seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, are limited in their English proficiency. CONTRACTOR understands that the denial of access to persons to its programs, services and activities because of their limited proficiency in English is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964, Accordingly, CONTRACTOR shall initiate reasonable steps, or comply with Treasury's directives, to ensure meaningful access to its programs, services and activities to LEP persons. CONTRACTOR understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary to ensure effective communication in the Project. (iii) CONTRACTOR agrees to consider the need for language services for LEP persons during development of applicable budgets and when conducting programs, services and activities. As a resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information on LEP, please visit http://www.lep.gov. (iv) CONTRACTOR acknowledges and agrees that compliance with this assurance constitutes a condition of continued receipt of federal financial assistance and is binding upon CONTRACTOR and CONTRACTOR's successors, transferees and assignees for the period in which such assistance is provided. (v) CONTRACTOR agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the CONTRACTOR and the CONTRACTOR's subcontractors, successors, transferees and assiguees: The subcontractor, successor, transferee and assignee shall comply with Title VI of the Civil Rights Act of 1964 which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S. C. § 2000d et seq,), as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made apart of this contract (or agreement). Title W also extends protection to persons with "Limited English proficiency" in any program or activity receiving federal financial assistance, 42 U.S. C. § 2000d et seq., as Page 13 of 14 implemented by Department of the Treasury Title V1 regulations, 31 CFR Part 22, which are herein incorporated by reference and made apart of this contract (or agreement). (vi) CONTRACTOR understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury, this assurance obligates the CONTRACTOR, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is provided, this assurance obligates the CONTRACTOR for the period during which it retains ownership or possession of the property. (vii) CONTRACTOR shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from these actions. CONTRACTOR shall comply with information requests, on -site compliance reviews, and reporting requirements. (viii) CONTRACTOR shall maintain. a complaint log and inform the Department of the Treasury of any accusations of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome. CONTRACTOR must also inform the Department of the Treasury if CONTRACTOR has received no complaints under Title VI. (ix) CONTRACTOR must provide documentation of an administrative agency's or court's findings of non-compliance of Title VI and efforts to address the non-compliance, including any voluntary compliance or other agreements between the CONTRACTOR and the administrative agency that made the finding. If the CONTRACTOR settles a case or matter alleging. such discrimination, CONTRACTOR must provide documentation of the settlement. If CONTRACTOR has not been the subject of any court or administrative agency finding of discrimination, please so state. (x) If CONTRACTOR makes sub -awards to other agencies or other entities, CONTRACTOR is responsible for assuring that sub -recipients also comply with Title VI and all of the applicable authorities covered in this assurance. Page 14 of 14 .Lif1A A1LlA L CITY OF SANTA ANA PROPOSAL PROJECT NO.: 22-t341 FIRST STREET SLOPE STABILIZATION PROTECT BAD PROPOSAL TO; CITY COUNCIL OF TIIE CITY OF SANTA ANA FROM: EverLevel Holdings, LLC REQUIREMENT: REBIU2 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 Amount Price 1 Clearing and Grubbing 45,193 sF $ $ on 2 Unclassified Excavation 2,670 CY $ $ and Export of /PO �^ T oDD Excavated Material* ° 3 .Remove Existing 912 LF $ $ ChainlinkFenco 36 '= 3 CIXO. 0-0 4 Slope Hrigation System 1 LS $ Removal and Ix01goo. t9 .Abandonment 5 Protection of Surface 1 LS $ $ a"o Utility Frames and p� 000, k' �Dl a00. Covets 6 Reinforced Concrete Slope Paving 1,848 CY $ 910. 7 Permeable Baekfill 812 CY $ $ (Class it Aggregate) 13 5 +t-* toll 6 Z p• a- 8 Sandstone Lens- 15,317 SF $ $ Stamped Concrete with Integral Color and Anti- �o Graffiti Costing 9 4"-6"Cobblestone 17,375 SF $ $ 7, °-p 29S" g 10 Mortar Bed 17,375 SF $ $ 11 River Lens -Exposed 11,401 SF $ $ Aggregate Concrete, Integral color, and Anti- tp 32 - ` 3 4 I�, 0 3- , Graffiti Coating ` 12 8' Tall Sectuifor4D 937 LF _ $ $ • Fence and Two (2) - 8' 'Jj '4 ^�' 23Y 2-nv " Access Gates , P-1 of P-21 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 22-1341 FIRST STREET SLOPE STABILIZATION PROJECT .Item Description Qty Unit Unit Amount Price 13 Asphalt Concrete 3.8 TN $ $ pavement (Intl °° t 090, 3900, Aggregate Base +.�r 14 8" Thick PCC Drive 268 SF Vg Approach tS 15 4"Thick PCCV-Ditch 46 SF $ $ 6S Z,990. 16 Variable Height Type 29 LF $ $ A-2-8 PCC Curb & 1100 XX 2119c), Clutter 17 Cartridge Media Filter 1 EA $ °° $ qm Vault Zj01000, 5Dt 600, 18 FloGard+Plus Standard I EA $ $ Catch BasinInsmt 11000.tre v o E/ 000, - Filter 19 Low -Flow Grated I EA $ $ Oo Catch Basin (pr 00 0,-- 20 10" SDR 26 PVC Pipe 8 LF $ $ o ° 2,SV. zl 00 0 21 4"PmforatedPVCPipe 1,959 LF $ $ 22 2" PVC Weep Hole 10 EA $ $ Drains, Sidewalk Remove & Replace / 23 Connection to Existing 1 EA $ �o $ vo Catch Dasin 2f000, 21coo. 24 No Damping Stencil _ 6 EA $ 0V $ o v �0D ' coo. 25 Pre ject Advertisement 2 EA $ $ Sign '21 26 SWPPP Risk Level 2 1 LS $ $ 27 Aa-Built Plans 1 LS $1jj $ v I PC 28 construction Permits 1 LS $16,500 $16,500 Remove & Salvage 1 LS $ $ Changeable Sign and �.0 o0q !$f 000. F302 FootingZ _ Custom Concrete 1 LS Stamp of City Logo 1O900. /0 0on, P_) of P-')1 RE BIDZ CITE' OF SANTA ANA PROPOSAL PROJECT' NO.: 22-1341 FIRSTSTREET SLOPE STABILIZATION PROJECT TOTALBASE BID ��� !�/ $ R Z r►` The lowest responsible bidder shall be selected based. on the total base bid, The City reserves the right to award the Base Bid, andany, 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. f This bid item is considered. a Specialty Item per Section 3-2 of the Standard Specifications, TIME FOli COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within one "Lm od and thirty (130) 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 $4,800 per calendar day. Name of Firm Signature of Ell Title Craig Roth President/COO (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..q of ')l EVERLEVELI JEANA ilk. O CERTIFICATE OF LIABILITY INSURANCE `� DATE D/YYYY) 1/4/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ki s) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCER CONTACT NAME: (ac°Nri , Est): 949 553-9800 C. No):(949 553-0670 The Wooditch Company Insurance Services, Inc. 1 Park Plaza, Suite 400 AE DRESS: Irvine, CA 92614 INSURERS AFFORDING COVERAGE NAIL# INSURER A: Westchester Fire Ins. Co. 10030 INSURED INSURER B: Infinity Select Insurance Company 20260 INSURER C: Everest Premier Insurance Company 16045 Everl-evel Holdings, LLC INSURER D: 5877 Pine Ave., Ste. 240 Chino Hills, CA 91709 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NIIMRFR. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENTWITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MIDDYEXP LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR X G72507137 002 21412022 21412023 EACH OCCURRENCE If 1,000,000 DAMAGE TO RENTED PREMISES fEa occurrence 100,000 GEN-L X MEG FXP (Anyone emon 5,000 PERSONAL a ADV INJURY 1,000,000 AGGREGATE LIMIT APPLIES PER: POLICY�5pa LOC OTHER: Deductible: $5,000 GENERAL AGGREGATE 2,000,000 PRODUCTS - COMP/OP AGG 2,000,000 EMPLAGGREGATE S 1,000,000 13 AUTOMOBILE X LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWN AUTOS ONLY AUTOS ONLY 504-61016-7439-001 1/1/2023 1/112024 COMBINED SINGLE LIMIT 1,000,000 BODILY INJURY Per arson $ BODILY INJURY Peraccid.,A $ PeROPPE�RtlTY DAMAGE $ UMBRELLA LIAR EXCESS LIAR OCCUR CLAIMS -MADE EACH OCCURRENCE $ Id AGGREGATE DED I I RETENTION$ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN N ANYPROPRIETOR/PARTNEWEXECUTIVE ❑ I��FI5ERIMEMBER EXCLUDED? (Mantlstory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA 7600022073231 1/1/2023 111/2024 TH- X STATUTE OER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - FA EMPLOYE 11000,000 E.L. DISEASE - POLICY LIMIT 1,000,000 $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES ACORD 101, Additional Remarks Schedule, may he attached if more space is required) 2-1341; RE: City of Santa Ana Job #21st Street lope Stabilization. glaip/aup The City of Santa Ana, its officers, employees, agents, volunteers and representatives are included as Additional Insureds as respects General Liability per attached endorsement. This insurance shall apply as Primary and Non -Contributory per attached endorsement. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE of Ana CitySanta THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Risk Management Division, 4th Floor 20 Civic Center Plaza AUTHORIZED REPRESENTATIVE Santa Ana, CA 92701 ACORD 25 (2016103) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: EVERLEVELI JEANA LOC #: 1 A� ®' ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED EverLevel Holdings, LLC 5877 Pine Ave., Ste. 240 Chino Hills, CA 91709 POLICY NUMBER EE PAGE 1 CARRIER NAIC CODE EE PAGE 1 SEE P 1 EFFECTIVE DATE; SEEPAGE1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Cancellation: *Should this policy be cancelled before the expiration date, The Wooditch Company will mail 30 (thirty) days written notice to those Certificate Holders which require such action per contract or agreement.* Except 10 Days Notice of Cancellation for Non -Payment of Premium. * Commercial Auto Deductibles: Deductibles for all Scheduled Units: $1,000; Except Deductibles for VIN# 6386: $3,000 ACORD 101 (2008/011 © 2008 ACORD CORPORATION. All rights reserved The ACORD name and logo are registered marks of ACORD POLICY NUMBER: G72507137 002 COMMERCIAL GENERAL LIABILITY CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations As required by written contract signed by both parties prior to loss As required by writted contract signed by both parties prior to loss Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional Insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 37 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: G72507137 002 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART C3�7;I��llJw Name Of Additional Insured Person(s) Or Orcianization(s) I Location(s) Of Covered Operations As required by written contract signed by both As required by written contract signed by both parties prior to loss parties prior to loss Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 2• 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 10 04 13 Named Insured EverLevel Holdings, LLC Endorsement Number Policy Symbol Policy Number Policy Period Effective Dale of Endorsement GLW G72507137 002 02/04/2022 To 02/04/2023 02/04/2022 Insured By (Name of Insurance Company) Westchester Fire Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONDITION 4, OTHER INSURANCE, AMENDED - NON CONTRIBUTORY Paragraph 4.c, is deleted in its entirety and replaced by the following: c. If all of the other insurance permits contribution by equal shares, we will follow this method unless the insured is required by contract to provide insurance that is primary and non-contributory, and the "Insured Contract" is executed prior to any loss. Where required by a contract, this insurance will be primary only when and to the extent as required by that contract. However, under the contributory approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. GLE 0007 01 96 Page 1 of 1 Lei Customer Service: (800) 7223391 Infinity Commercial Auto 11700 Great Oaks Way, Suite 450 Alpharetta, GA 30022 Underwritten by: Infinity Select Insurance Company Claims Service: (800) 334-1661 PRIMARY AND NONCONTRIBUTORY ENDORSEMENT 504-61016-7439-001 1 111/2.4,.____ 12:01 a..m. Lee Miller, Gunnar5877 Pine Ave. Ste 120 Chino Hills, CA 91709-6521 EverLevel Holdings, LLC Chin This endorsement is attached to and forms a part of the listed policy. The following endorsement applies only If Form Number 500PNCV01 appears on your Declarations Page. This endorsement modifies the insurance provided under your COMMERCIAL AUTO POLICY. PART A — LIABILITY COVERAGE OTHER INSURANCE — PART A ONLY The following is added to this section: The coverage afforded under yyour Commercial Auto Policy is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: a. You have agreed in writing in a contract or agreement that the coverage afforded under your Commercial Auto Policy would be primary and would not seek contribution from any other insurance available to such additional insured; and b. Such additional insured is a named insured under such other insurance. ALL OTHER TERMS, LIMITS, CONDITIONS, AND PROVISIONS OF THE POLICY REMAIN UNCHANGED. INSURED COPY AMEND DATE: 01/01/2022 500PNCV01 ENDORSEMENT: 1-1 Castro, Jose From: Castro, Jose Sent: Tuesday, February 7, 2023 7:32 AM To: Castro, Jose Subject: FW: Internal Notice of Compliance From: City of Santa Ana <certificate-reguestC ctrax.ididata.com> Sent: Monday, February 6, 2023 5:20 PM To: a[g2 a everlevelco�m; Foster, Craig <cfoster@santa-ana.org>; ichristiansonwooditch.com; Thomas, Sean <SThoma (@santa-ana,=> Subject: Internal Notice of Compliance NOTICE OF COMPLIANCE Contractor EverLevel Holdings, LLC Name: Project 22-1341 Number: Project Construction Contract - First Street Slope Stabilization 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 coverages) are TYPE OF INSURANCE POLICY EXPIRATION COI DATE FILE NAME NUMBER DATE 2023 - 2024 Certificate of AUTOMOBILE LIABILITY 504610167439001 01/01/2024 01/11/2023 Insurance - Construction Policies - City of Santa Ana.pdf 2023-2024 GL GENERAL LIABILITY PPK2506053 01/01/2024 01/24/2023 Renewal - City of Santa Ana.pdf POLICY EXPIRATION TYPE OF INSURANCE NUMBER DATE COI DATE FILE NAME Waiver of PROFESSIONAL LIABILITY WAIVER 01/12/2024 01/25/2023 Professional Liability.pdf 22-1341 EverlLevel GL WORKERS COMPENSATION AND 7600022073231 01/01/2024 01/04/2023 23-02-04, AL, EMPLOYERS' LIABILITY WC 24-01- 0l_pending.pdf Thank you, City of Santa Ana Risk Management Division in partnership with CTrax Plus Services Team 2/6/2023 8:20 PM PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number Project No. 22-1341 First Street Slope Stabilization Project Change Order Number To Everl.evel Holdings, LLC 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 the contractor for costs associated with discovery unforeseen 8" utility lines in slope subgrade excavation and removal. (PCO No. 01). TOTAL COST = $9,863.78 / 2. To compensate the contractor for costs associated with relocation of CMS boards per City's request. (PCO No. 02). TOTAL COST = $623.42 3. To compensate the contractor for costs associated with additional traffic control as per City's request including additional arrows and barricades. (PCO No. 03). TOTAL COST = $4,544.83 4, To compensate the contractor for costs associated with removal of two abandoned telephone poles on the South side of the slope. (PCO No. 04) TOTAL COST = $2, 517.55 5. To compensate the contractor for costs associated with additional potholing on SE slope including backfill for all locations. (PCO No. 05). TOTAL COST = $9,518.96 6. To compensate the contractor for costs associated with backfill of anchor trench due to plan change per City direction. (PCO No. 06). / TOTAL COST = $4,762,66 7. To compensate the contractor for costs associated with removal of backflow preventer and capped line at the main per City's request. (PCO No. 07). Page 1 of 4 TOTAL COST = $3,129.32 8. To compensate the contractor for costs associated with the stay form for the New Anchor Wall design due to the widening of the sidewalk. (PCO No. 09). TOTAL COST = $35,000.00 9. To compensate the contractor for costs associated with chipping down the PCC Fence Footing on the Southeast slope where the existing black wrought iron fence was placed. (PCO No. 11). TOTAL COST = $6,459.83 r 10. To compensate the contractor for costs associated with placing additional gravel base due to variable retaining curb height on Southwest and Southeast slopes. Compaction of slope also had also to be redone. (PCO No. 12). TOTAL COST = $49,646.65 11. To compensate the contractor for costs associated with removing the existing sidewalk and installing a new 18" widened sidewalk, (PCO No. 13). TOTAL ESTIMATED COST = $200,700.00 12. To compensate the contractor for costs associated with repairing the v-ditch on the south slope. (PCO No. 13.1). TOTAL COST = $4,990.00 13. To compensate the contractor for costs associated with removal and replacement of the curb & gutter on the South side of the slope, removal of the existing asphalt -concrete section adjacent to the curb & gutter, placement of asphalt -concrete slot patch, and to furnish and install three No. 6 Pull Boxes. (PCO No. 14). / TOTAL COST= $85,674.89 V 14. To compensate the contractor for costs associated with installation skate preventative devices on both the North and South retaining curbs. (PCO No. 15). TOTAL COST = $49,174.00 v 15. To compensate the contractor for costs associated with crack repair and re -staining of the blue River Lens. (PCO No. 16). / TOTAL COST = $65,191.57 ✓ 16. To compensate the contractor for costs associated with installation of anti -graffiti coating on the south anchor wall. (PCO No. 17). / TOTAL COST = $10,800.00 V 17, To compensate the contractor for costs associated with providing a smooth and uniform finish to south anchor wall (PCO No. 18). TOTAL COsr= $11,250.00 Page 2 of 4 18. To compensate the contractor for costs associated with chipping the bottom of the anchor wall to facilitate the new, widened sidewalk (PCO No. 19). TOTAL COST = $31,773.17 �-' Delete Bid Item Quantities Bid Item #12: Remove unused bid item quantities for Bid Item #12. Two Hundred Linear Feet was not used in the project @ $250.00 per Linear Feet. TOTAL CREDIT AMOUNT = ($50,000.00) TOTAL AGREED CHANGE ORDER COST: $585,519.63 TOTAL AGREED CONTRACT INCREASE COST: $536,619.53 Page 3 of 4 Al CITY OF SANTA ANA PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number Project No. 22-1341 First Street Slope Stabilization Project Change Order Number 1 To Everl-evel Holdings LLC 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 $ 50 000.00 INCREASE $ 585,519.53 By reason of this order the CONTRACT TIME completion will be adjusted as follows: One Hundred and Twelve (112) 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 3 Z-D contractor Ever evel Holdings, L�LCBy Title Approval recommended in ga w Dale PUBLIC WORKS AGENCY EXECUTIVE DIRECTOR E�,Tproved by Gl c✓ — Date Alvaro Nunez cting City Manager Jenne r Page 4 of 4 5 CITY OF SANTA ANA .__ PUBLIC WORKS AGENCY * i '' * CONTRACT CHANGE ORDER Project Number Project No. 22-1341 First Street Slope Stabilization Project Change Order Number 2 To Everlevel Holdings 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 costs associated with forming, finishing, and applying anti- graffiti coating on the north anchor wall to match the south anchor wall and finishing the existing light pole bases (PCO 20). TOTAL AGREED PRICE = $148,298.88 2. To compensate the contractor for costs associated with the removal of the existing wrought iron fencing and hardscape at the Santa Fe St cul-de-sac (PCO 21). TOTAL AGREED PRICE =$67,500.00 3. To compensate the contractor for costs associated with the installation of fabric lining, crushed rock, and PVC pipes on the northern slopes (PCO 22). TOTAL AGREED PRICE= $11,970.90 4. To compensate the contractor for chipping the existing PCC fence footings on the NW slope (PCO 23). TOTAL AGREED PRICE _ $2,801.64 5. To compensate the contractor for the installation of new curb and gutter, pull boxes, and an asphalt concrete slot patch along the north slope (PCO 24). TOTAL ESTIMATED PRICE =$125,000 6. To compensate the contractor for the removal of additional PCC along the top of the NE slope (PCO 25). TOTAL AGREED PRICE = $4,929.12 Page 1 of 4 7. To compensate the contractor for chipping the existing PCC fence footings on the NE slope and cutting the existing 4D fence as-needed (PCO 26). TOTAL AGREED PRICE = $1,346.65 8. To compensate the contractor for the removal of old PCC sidewalk along the NE slope (PCO 27). TOTAL AGREED PRICE = $3,280.76 9. To compensate the contractor for the removal and replacement of the existing drainage swale and regrading above the stormwater lift station per the Delta 3 plan set (PCO 28). TOTAL AGREED PRICE = $44,951.61 10.To compensate the contractor for the installation of a stay form and 1-sack slurry underneath the French drain (PCO 29). TOTAL AGREED PRICE = $18,067.90 11.To compensate the contractor for the additional survey needed for the Delta 3 plan set (PCO 30). TOTAL AGREED PRICE = $12,010.00 12.To compensate the contractor for saw cutting and abandoning an existing 16" concrete pipe on the NE slope (PCO 31). TOTAL AGREED PRICE = $4,892.24 13.To compensate the contractor for modifications of the rebar to accommodate various changes to the depth of the anchor wall (PCO 32). TOTAL AGREED PRICE= $6,215.05 14.To compensate the contractor for the installation of sleeves and relocation of PVC pipes above the stormwater lift station on the NE slope (PCO 33). TOTAL AGREED PRICE = $1,934.11 15.To compensate the contractor to install 1-sack slurry for under the existing PCC sidewalk on the NE slope (PCO 34). TOTAL ESTIMATED PRICE =$2,500 16.To compensate the contractor for the removal of existing concrete and materials at the top of the NE slope per RFI 89 (PCO 35). TOTAL ESTIMATED PRICE = $40,000 Page 2 of 4 17.To compensate the contractor for raising the existing 4D fence gate, adjusting a sewer manhole, and additional forming costs at the top of the NE slope per RFI 89 (PCO 36). TOTAL AGREED PRICE = $25,603.25 18.To compensate the contractor for a darker blue paint for the north River Lens to match the south River Lens (PCO 37). TOTAL AGREED PRICE = $3,007.40 19.To compensate the contractor for installation of new sidewalk at the Hathaway Street and Santa Fe Street cul-de-sacs to mitigate future weed growth and maintenance needs (PCO 38). TOTAL ESTIMATED PRICE = $40,000 20. To compensate the contractor for installation of additional 8' tall 4D fencing along the NE slope per the Delta 3 plan set (paid via Bid Item unit price of$250/LF). TOTAL AGREED PRICE = $91,750 21.To compensate the contractor for additional unclassified excavation (paid via Bid Item unit price of$100/CY). TOTAL ESTIMATED PRICE = $68,000 Page 3 of 4 A. 5 ' CITY OF SANTA ANA PUBLIC WORKS AGENCY * * CONTRACT CHANGE ORDER I I. I1 1 Project Number Project No. 22-1341 First Street Slope Stabilization Project Change Order Number 2 To Everlevel Holdings 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 $ 724,059.51 By reason of this order the CONTRACT TIME completion will be adjusted as follows: TBD(Additional working days will be added to the contract after the remaining Change Order work is complete and critical path impact has been determined). 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 10/29/2023 Contractor Everlevel Holdings By UNILATERAL Title Approval recommended by Date l/7/20 2 y frtPUBLIC WO KS AGENCY EXECU VE DIRECTOR Approved by Date , L1 AT1ES , CIT MANAGER .;001_ s! Jennifer L., all Page 4 of 4 - .•It" r.l. -• CITY OF SANTA ANA M! r PUBLIC WORKS AGENCY I CONTRACT CHANGE ORDER Project Number Project No, 22-1341 First Street Slope Stabilization Project Change Order Number 3 To Fverlevel Holdings 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 COUNCILOR 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 DELETED BID ITEM 1. To delete Bid Item 30 ("Custom Concrete Stamp of City Logo") from project contract for Project 22-1341. TOTAL AMOUNT= ($10,000) TOTAL DEDUCTIVE CHANGE ORDER AMOUNT=($10,000) Page 1 of 2 i. CITY OF SANTA ANA F I PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number Project No. 22-1341 First Street Slope Stabilization Project Change Order Number 3 To Everlovel Holdings 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 10,000 INCREASE $ 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 2/25/2025 Contractor Everlevel Holdings By �. Title CEO Approval recommended by 1 ci I.jLl Date 3 z 4 PUBLIC WORKS AG ICYEXECUTIVEDIRECT r,� !.+% Approved by � v'� Date CITY MANAGER Jennifer L a Page 2 of 2 I , er