HomeMy WebLinkAboutItem 26 - Pedestrian and Mobility Improvements Phase IPublic Works Agency
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Item # 26
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
June 6, 2023
TOPIC: Pedestrian and Mobility Improvements Phase I
AGENDA TITLE
Award a Construction Contract to Towo Enterprise, Inc., in the amount of $319,320, for
the Pedestrian and Mobility Improvement Phase I for an Estimated Project Delivery
Cost of $416,000 (Project No. 22-1405) (Revive Santa Ana Program)
RECOMMENDED ACTION
1. Authorize the City Manager to reject the bid submitted by EBS General Engineering
Inc. as non -responsive and award a construction contract to Towo Enterprise, Inc.,
the lowest responsive bidder, in accordance with the base bid in the amount of
$319,320, for construction of the Pedestrian and Mobility Phase I, for the term
beginning June 6, 2023 and ending upon project completion, subject to non -
substantive changes approved by the City Manager and the City Attorney.
2. Approve the Project Cost Analysis for a total estimated construction delivery cost of
$416,000, which includes $319,320 for the construction contract, $47,898 for
contract administration, inspection, and testing, and $48,782 project contingency for
unanticipated or unforeseen work.
3. Determine these actions are exempt from further review in accordance with the
California Environmental Quality Act as Categorical Exemption Environmental
Review No. ER-2023-04 was filed for the project.
DISCUSSION
The Public Works Agency (PWA) received American Rescue Plan Act (ARPA) -
Coronavirus State and Local Fiscal Recovery Funds (SLFRF) funding to enhance
pedestrian traffic safety, accessibility, and mobility within qualified census tract areas
(Exhibit 1). This project meets the intent of the funding source by constructing new
wheelchair ramps, Rectangular Rapid Flashing Beacon (RRFB), and enhancing
pedestrian crossings through implementation of new signage and striping. Once these
pedestrian and mobility improvements are completed, it will increase traffic safety for
pedestrians and all road users. Scope of work includes installation/removal of asphalt
concrete pavement, portland cement concrete, signage, striping, and traffic signal
systems.
Award Construction Contract to Towo Enterprise, Inc.
June 6, 2023
Page 2
Public Outreach and Contractor Particiaation
As legally required, a Notice Inviting Bids was advertised in the Orange County Register
newspaper on March 8 and March 15, 2023. The project was also advertised in
PlanetBids from March 8, 2023 through March 28, 2023. Bids were received
electronically via PlanetBids on March 28, 2023.
To provide an opportunity for local vendors to submit bids, the City notified a total of
360 regional vendors via PlanetBids, many of which are Santa Ana based. A total of five
bids were received; however, no bids were received from any Santa Ana contractors.
Bid Results Summ
Rank
Bidder's Name
Location
Base Bid
1
Towo Enterprise, Inc.
Fullerton, CA
$319,320
2
Excel Paving Co.
Long Beach, CA
$358,811
3
Vido Samarzich, Inc.
Rancho Cucamonga, CA
$378,126
4
Calpromax Engineering, Inc.
Placentia, CA
$429,486
NR
EBS General Engineering,
Inc.
Corona, CA
Non -Responsive
A total of five bids were received. Four bids were responsive and one bid was deemed
non -responsive. Towo Enterprise, Inc. submitted the lowest responsive base bid in the
amount of $319,320 (Exhibit 2). As specified in the bid documents, the lowest bid shall
be determined on the basis of the Base Bid. Based on the circumstances outlined
above and a contractor's reference check, staff recommends awarding the construction
contract to Towo Enterprise, Inc., in the amount of the base bid totaling $319,320
(Exhibit 3). Towo Enterprise Inc. has not performed any work in the City of Santa Ana
within the past five years.
Project Delivery
To deliver a complete project, in addition to the construction contract, the estimated total
project delivery cost includes construction administration, inspection, and testing, along
with an allowance for contingencies to account for unexpected or unforeseen
conditions. Construction administration and inspection includes the following:
construction management; inspection of the Contractor's work to ensure contract
compliance, workmanship, and quality; and materials testing. As indicated in the Cost
Analysis (Exhibit 4) and as summarized in the table below, the estimated total
construction delivery cost of the project is $416,000.
Award Construction Contract to Towo Enterprise, Inc.
June 6, 2023
Page 3
Project Item
Total
Construction Contract
$319,320
Construction Administration, Inspection, Testing
$47,898
Contingencies
$48,782
TOTAL CONSTRUCTION DELIVERY COST IF$416,000
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the recommended actions
are exempt from further review. Categorical Exemption Environmental Review No. ER-
2023-04 was filed for the project.
FISCAL IMPACT
As indicated in the Cost Analysis, the estimated total construction delivery cost of the
project is $416,000 which includes construction, contract administration, inspection,
testing, and an authorized contingency. Project No. 22-1405 is the number assigned to
the funding for tracking of all expenditures to deliver the construction of this project
(Exhibit 5).
The following table summarizes the funds budgeted (after the appropriation adjustment)
and available for expenditure to deliver construction of this project.
Accounting
Accounting Unit,
Fiscal
Unit - Account
Fund
Account No.
Amount
Year
No.
Description
Description
Project No.
18117013-
ARPA — PWA,
2022-23
66220
ARPA
Improvements Other
$416,000
(22-1405)
Than Buildings
Total
$416,000
Any remaining balances not expended at the end of the Fiscal Year will be presented to
the City Council for approval of carry-overs to FY 2023-24.
EXHIBIT(S)
1.
Location Map
2.
Bid Proposal
3.
Construction Contract
4.
Cost Analysis
5.
CIP Worksheet
Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency
Approved By: Kristine Ridge, City Manager
Exhibit 1
:H:1 In EZA. F I
• • Project Location
O�F �
SANTAANA Project Nos. 22-1405. 3� w oeApG�G
ir Pi Pedestrian and Mobility Imports Phase I i
WA
PUBLIC WORKS AGENCY
CITY OF SANTA ANA
[ADDENDUM
PROPOSAL
PROJECT NO.: 22-1405
PEDESTRIAN AND MOBILITY IMPROVEMENTS PHASE I
BID PROPOSAL
TO: CITY COUNCIL OF THE CITY OF SANTA ANA
FROM: Towo Enterprise Inc
REQUIREMENT:
The undersigned bidder declares that they have carefully examined the location of the proposed
work, that they have examined the Contract Documents in its entirety and hereby proposes to
furnish all material and do all the work required to complete the said work in accordance with said
plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the following
schedule:
No.: 1
Item
Description
Qty
Unit
Unit Price
Amount
1
Unclassified Excavation*
150
CY
$ 120.00
$18,000.00
2
AC Pavement
21
TN
$ 300.00
$ 15.00
$ 6,300.00
$11,820.00
3
Construct PCC Sidewalk (T=4")
788
SF
per C.O.S.A. Std. Plan 1104*
4
Construct PCC Curb Ramp*
4900
SF
$ 35.00
$171,500.00
5
Construct PCC Curb and Gutter
512
LF
$ 100.00 $ 51 200.00
(Type A-2-6)*
Adjust Manhole Frame and Cover
_ _ '
$ 2,500.00 $ 2,500.00
6
1
EA
to Grade
_
$ 1,500.00 $ 1,500.00
7
Adjust Water Valve Frame and
1
EA
Cover to Grade
8
Construct Color Stamped
50
SF
$ 100.00
$ 5 000.00
Concrete including rebar (T=8")
'
9
Construct PCC Modified Rolled
70
LF
$ 100.00
$ 7,000.00
Curb and Gutter
10
Signing and Striping
1
LS
$ 10,000.00
$10,000.00
11
Furnish & Install Complete
1
LS
$ 20,000.00
$20,000.00
Functioning Carmanah RRFB
$ 3,000.00
12
Project Advertising Sign(s)
2
EA
$ 1,500.00
13
As -Built Plans
1
LS
$5,000 $ 5,000.00
P-1 of P-20
CITY OF SANTA ANA
PROPOSAL
PROJECT NO.: 22-1405
PEDESTRIAN AND MOBILITY IMPROVEMENTS PHASE I
Item
Description
Qty
Unit Unit Price
Amount
14
Construction Permit
1
LS $6,500
$ 6,500.00
TOTAL BASE BID I $ 319,320.00
The lowest responsible bidder shall be selected based on the total base bid. The City reserves the
right to award the Base Bid, and any, all, or none of the add -alternate bid items (if any).
* The quantity for this bid item is shown for bid comparison only. This bid item shall not be
subject to the "25%" limit as stated in Section 3-2 of the Standard Specifications. The actual
amount for this item will be dictated by the actual quantity used, and the Agency reserves the
right to increase or decrease the quantity of this item accordingly.
t This bid item is considered a Specialty Item per Section 3-2 of the Standard Specifications.
TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES
The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown
above, within Sixty (60) workin : days after the commencement date stated in the Notice to
Proceed.
The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard
Specifications, shall be $3,600 per calendar day.
Name of Firm Towo Enterprise Inc
Signature of BIDDER
Title Yun Su Chuft President
(If an individual, so state. If a firm or co -partnership, state the firm name and give the names of
all individual co-partners composing the firm. If a corporation, state legal name of corporation,
and names of President, Secretary, Treasurer and Manager, thereof.)
P-2 of P-20
i0:I:n:1110
CITY OF SANTA ANA
PROPOSAL
PROJECT NO.: 22-1405
PEDESTRIAN AND MOBILITY IMPROVEMENTS PHASE I
BIDDER'S STATEMENT
BIDDER understands and agrees that this Bid Proposal, Contract Documents and subsequent
Construction Contract Agreement shall constitute 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 duly authorized agent, and signed by the
City Attorney, denoting his approval of the form of this document, and its execution, and when it
or an exact copy of it has been either delivered to BIDDER or deposited with the United States
Postal Service properly 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 required bonds and certificate of liability insurance within ten (10)
business days or the funds, check, draft, 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, check, 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 of Firm Towo Enterprise Inc
Signature of BIDDER
Title Yun Su Chung, 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-3 of P-20
EXHIBIT 3
CITY OF SANTA ANA
CONSTRUCTION CONTRACT AGREEMENT
PROJECT NO.: 22-1405
PEDESTRIAN AND MOBILITY IMPROVEMENTS PHASE I
This CONSTRUCTION CONTRACT is made and entered into this 6th day of June, 2023 by and between
the City of Santa Ana, California, a charter city and municipal corporation organized and existing under
the Constitution and laws of the State of California (hereinafter "CITY"), and Towo Enterprise, Inc.
(hereinafter "CONTRACTOR").
WITNESSETH:
The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows:
CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and
expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction
of the City Engineer of the CITY, the Pedestrian and Mobility Improvements Phase I Project
(hereinafter referred to as the "WORK OF IMPROVEMENT") identified in and in accordance with
the Contract Documents prepared by the City's Public Works Agency and approved by the City
Council.
2. The complete Construction Contract consists of the "Contract Documents" as defined by the Standard
Specifications for Public Works Construction and which include the following:
• Notice 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 Three Hundred and Nineteen Thousand Three
Hundred Twenty Dollars and No Cents ($319,320.00), as set forth and identified in the BID
PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A"
The BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate
quantities only, and the City does not expressly or by implication agree that the actual amount of work
will correspond therewith, but reserves the right to increase or decrease the amount of any class or
portion of the work or to omit portions of the work as may be deemed necessary or advisable.
Page 1 of 4
EXHIBIT 3
CITY OF SANTA ANA
CONSTRUCTION CONTRACT AGREEMENT
PROJECT NO.: 22-1405
PEDESTRIAN AND MOBILITY IMPROVEMENTS PHASE I
4. CONTRACTOR agrees to complete the WORK OF IMPROVEMENT within the time specified in
the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit "A") including
commencing construction within the timeframe therein specified after issuance of a Notice to Proceed.
5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the WORK
OF IMPROVEMENT a salary or wage at least equal to the prevailing salary or wage established for
such work as set forth in the wage determinations for this work in accordance with applicable State
and Federal law.
6. If applicable, the CONTRACTOR shall adhere to the CITY'S Community Workforce Agreement
(CWA), a pre -hire collective bargaining agreement, which establishes the labor relations policies and
procedures for CONTRACTOR to follow in the crafts persons employed to complete the WORK OF
IMPROVEMENT as more fully described in the CWA. The CWA may be found on the City's website
at: http://www.santa-ana.or ,/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;
Page 2 of 4
EXHIBIT 3
CITY OF SANTA ANA
CONSTRUCTION CONTRACT AGREEMENT
PROJECT NO.: 22-1405
PEDESTRIAN AND MOBILITY IMPROVEMENTS PHASE I
(ii) Performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier,
of any of the obligations under the Contract Documents;
(iii) The construction activities of CONTRACTOR or its Subcontractors of any lower tier, either
on the project site or on other properties;
(iv) The payment or nonpayment by CONTRACTOR of any of its Subcontractors of any lower
tier, for Work of Improvement performed on or off the project site; and
(v) Any personal injury, property damage or economic loss to third persons related to and arising
from the performance or nonperformance by CONTRACTOR or its Subcontractors of any
lower tier, of the Work of Improvement.
(vi) The indemnity obligations of Subcontractors provided by this Section shall be included in all
subcontract documents issued by CONTRACTOR.
Nothing in the Contract Documents shall be construed to give rise to any implied right of
indemnity in favor of CONTRACTOR against CITY or any other Indemnitee.
11. USE OF CSLFRF FUNDS
Funds from the Coronavirus State Fiscal Recovery Fund and/or the Coronavirus Local Fiscal Recovery
Fund, together known as the Coronavirus State and Local Fiscal Recovery Funds ("CSLFRF") program,
will be used to fund all or a portion of this Construction Contract. CONTRACTOR shall comply with all
applicable federal requirements including, but not limited to, the following, all of which are expressly
incorporated herein by reference:
a. Sections 602 and 603 of the Social Security Act as added by Section 9901 of the American
Rescue Plan Act of 2021 (the "Act");
b. U.S. Department of the Treasury ("Treasury") Final Rule for the Act;
c. Treasury Compliance and Reporting Guidance for the Act;
d. 2 C.F.R. Part 200 — Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards, other than such provisions as the U.S. Department of the
Treasury may determine are in applicable to the CSLFRF program and subject to such
exceptions as may be otherwise provided by the U.S. Department of the Treasury;
e. Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions; and
f. Federal contract provisions attached hereto as Exhibit `B" and incorporated herein by
reference.
Subcontracts, if any, shall contain a provision making them subject to all of the provisions stipulated in
this Construction Contract. With respect to any conflict between such federal requirements and the terms
of this Construction Contract and/or the provisions of state law and except as otherwise required under
federal law or regulation, the more stringent requirement shall control.
[signature page to follow]
Page 3 of 4
EXHIBIT 3
CITY OF SANTA ANA
CONSTRUCTION CONTRACT AGREEMENT
PROJECT NO.: 22-1405
PEDESTRIAN AND MOBILITY IMPROVEMENTS PHASE I
IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and
year first above written.
ATTEST:
JENNIFER HALL
City Clerk
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
�� m;j;j,
JOSE MONTOYA
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
NABIL SABA, PE
Executive Director
Public Works Agency
CITY OF SANTA ANA
KRISTINE RIDGE
City Manager
CONTRACTOR:
Towo Enterprises, Inc.
NAME: Yum tCh&*,qTITLE: pe,5-"
Page 4 of 4
EXHIBIT A
CITY OF SANTA ANA ADDENDUM No.: 1
PROPOSAL
PROJECT NO.: 22-1405
PEDESTRIAN AND MOBILITY IMPROVEMENTS PHASE I
BID PROPOSAL
TO: CITY COUNCIL OF THE CITY OF SANTA ANA
FROM: Towo Enterprise Inc
REQUIREMENT:
The undersigned bidder declares that they have carefully examined the location of the proposed
work, that they have examined the Contract Documents in its entirety and hereby proposes to
fiunish 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 I Description I Qty I Unit I Unit Price I Amount
1
Unclassified Excavation*
150
CY
$ 120.00
$18,000.00
2
AC Pavement
21
788
TN $ 300.00 $ 6,300.00
SF $ 15.00 $11 820.00
3
Construct PCC Sidewalk (T=4")
per C.O.S.A. Std. Plan 1104*
SF $ 35.00 $171,500.0(
LF $ 100.00 $ 51 200.00
EA $ 2,500.00 $ 2,500.00
4
Construct PCC Curb Ramp*
4900
512
5
Construct PCC Curb and Gutter
(Type A-2-6)*
6
Adjust Manhole Frame and Cover
1
to Grade
1
EA $ 1,500.00 $ 1,500.00
7
Adjust Water Valve Frame and
Cover to Grade_
_
8
Construct Color Stamped
50
SF $ 100.00 $ 5,000.00
Concrete including rebar (T=8")
Construct PCC Modified Rolled
70
9
LF
$ 100.00 $ 7,000.00
Curb and Gutter
1
10
Signing and Striping
LS
$ 10,000.00 $10,000.00
11
Furnish & Install Complete
Functioning Carmanah RRFB
LS
$ 20,000.00 $20,000.00
1
Project AdvertisingSign(s)
As -Built Plans
2
12
EA
LS
$ 1,500.00 $ 3,000.00
$5,000 $ 5,000.00
13
1
P-1 of P-20
EXHIBIT A
CITY OF SANTA ANA
PROPOSAL
PROJECT NO.: 22-1405
PEDESTRIAN AND MOBILITY IMPROVEMENTS PHASE I
Item Description Qty Unit Unit Price Amount
14 Construction Permit 1 LS $6,500 $ 6,500.00
FTOTAL BASE BID $ 319,320.00
The lowest responsible bidder shall be selected based on the total base bid. The City reserves the
right to award the Base Bid, and any, all, or none of the add -alternate bid items (if any).
* The quantity for this bid item is shown for bid comparison only. This bid item shall not be
subject to the "25%" limit as stated in Section 3-2 of the Standard Specifications. The actual
amount for this item will be dictated by the actual quantity used, and the Agency reserves the
right to increase or decrease the quantity of this item accordingly.
f This bid item is considered a Specialty Item per Section 3-2 of the Standard Specifications.
TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES
The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown
above, within Sixty c 60J workin_, da,,s after the commencement date stated in the Notice to
Proceed.
The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard
Specifications, shall be $3,600 per calendar day.
Name of Firm Towo Enterprise Inc
Signature of BIDDER
Title Yun Su Chung, President
(If an individual, so state. If a firm or co -partnership, state the firm name and give the names of
all individual co-partners composing the firm. If a corporation, state legal name of corporation,
and names of President, Secretary, Treasurer and Manager, thereof.)
P-2 of P-20
EXHIBIT A
CITY OF SANTA ANA
PROPOSAL
PROJECT NO.: 22-1405
PEDESTRIAN AND MOBILITY IMPROVEMENTS PHASE I
BIDDER'S STATEMENT
BIDDER understands and agrees that this Bid Proposal, Contract Documents and subsequent
Construction Contract Agreement shall constitute 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 duly authorized agent, and signed by the
City Attorney, denoting his approval of the form of this document, and its execution, and when it
or an exact copy of it has been either delivered to BIDDER or deposited with the United States
Postal Service properly 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 required bonds and certificate of liability insurance within ten (10)
business days or the funds, check, draft, 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, check, 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 of Firm Towo Enterprise Inc
Signature of BIDDER
Title Yun Su Chung, 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-3 of P-20
CITY OF SANTA ANA
CONSTRUCTION CONTRACT AGREEMENT
PROJECT NO.: 22-1405
PEDESTRIAN AND MOBILITY IMPROVEMENTS PHASE I
EXHIBIT B
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
«B„
1. REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II 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:
Q 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 a part of such employee's essential job functions discloses
the compensation of such other employees or applicants to individuals who 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.
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
CITY OF SANTA ANA
CONSTRUCTION CONTRACT AGREEMENT
PROJECT NO.: 22-1405
PEDESTRIAN AND MOBILITY IMPROVEMENTS PHASE I
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 information 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 his 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 and cooperate actively with the administering agency and 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
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.
CITY OF SANTA ANA
CONSTRUCTION CONTRACT AGREEMENT
PROJECT NO.: 22-1405
PEDESTRIAN AND MOBILITY IMPROVEMENTS PHASE I
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 and 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 II, 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 under
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 II 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 "Antti-Kickback" Act: Not applicable to this
Construction Contract since it is funded by CSLFRF.
(e) Appendix II to Part 200 (E) — Contract Work Hours and Safety Standards Act:
Q 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
held by the CONTRACTOR, such sums as may be determined to be necessary to satisfy any liabilities of
CITY OF SANTA ANA
CONSTRUCTION CONTRACT AGREEMENT
PROJECT NO.: 22-1405
PEDESTRIAN AND MOBILITY IMPROVEMENTS PHASE I
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.
(f) Appendix II to Part 200 (F) — Rights to Inventions Made Under a Contract or Agreement:
Not applicable to this Construction Contract.
(g) Appendix II to Part 200 (G) — Clean Air Act and Federal Water Pollution Control Act:
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.
ii 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 II to Part 200 (H) — Debarment and Suspension:
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. § 180.940) 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.
CITY OF SANTA ANA
CONSTRUCTION CONTRACT AGREEMENT
PROJECT NO.: 22-1405
PEDESTRIAN AND MOBILITY IMPROVEMENTS PHASE I
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
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 (I) — 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 funds that takes place in connection with obtaining any Federal award.
Such disclosures are 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.
6) Appendix II to Part 200 (J) — §200.323 Procurement of Recovered Materials:
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 affirmative procurement.
ii In the performance of this Construction Contract, the CONTRACTOR shall make
maximum use of products containing recovered materials that are EPA -designated items unless the
product cannot be acquired: competitively within a timeframe 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,
https://www. epa.gov/smm/comprehensive-procurement-guideline-cpg-program.
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 (K) — §200.216 Prohibition on Certain Telecommunications and
Video Surveillance Services or Equipment:
CITY OF SANTA ANA
CONSTRUCTION CONTRACT AGREEMENT
PROJECT NO.: 22-1405
PEDESTRIAN AND MOBILITY IMPROVEMENTS PHASE 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
telecommunications equipment is telecommunications equipment produced by Huawei Technologies
Company or ZTE Corporation (or any subsidiary or affiliate of such entities).
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).
Telecommunications or video surveillance services provided by such
entities or using such equipment.
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 (L) — §200.322 Domestic Preferences for Procurement:
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:
"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.
(22,) "Manufactured products" means items and construction materials
composed in whole or in part of nonferrous 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.
CITY OF SANTA ANA
CONSTRUCTION CONTRACT AGREEMENT
PROJECT NO.: 22-1405
PEDESTRIAN AND MOBILITY IMPROVEMENTS I
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.
(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:
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. Part 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 Governmentwide 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.F.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 Regulations Prohibiting Discrimination.
CONTRACTOR agrees to comply with statutes and regulations prohibiting discrimination applicable to
the CSLFRF program including, without limitation, the following:
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.
CITY OF SANTA ANA
CONSTRUCTION CONTRACT AGREEMENT
PROJECT NO.: 22-1405
PEDESTRIAN AND MOBILITY IMPROVEMENTS PHASE I
iii Section 504 ofthe 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.
(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 Whistleblowers.
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;
(11) A member of Congress or a representative of a committee of Congress;
An Inspector General;
The Government Accountability Office;
(44) A Treasury employee responsible for contract or grant oversight or
An authorized official of the Department of Justice or other law
A court or grand jury; or
A management official or other employee of CONTRACTOR, or a
subcontractor who has the responsibility to investigate, discover, or address misconduct.
CITY OF SANTA ANA
CONSTRUCTION CONTRACT AGREEMENT
PROJECT NO.: 22-1405
PEDESTRIAN AND MOBILITY IMPROVEMENTS PHASE I
(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 13513, 74 FR
51225 (Oct. 6, 2009), CONTRACTOR should encourage its employees and subcontractors to adopt and
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:
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 assignees:
CITY OF SANTA ANA
CONSTRUCTION CONTRACT AGREEMENT
PROJECT NO.: 22-1405
PEDESTRIAN AND MOBILITY IMPROVEMENTS PHASE I
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 VI 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 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).
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.
CITY OF SANTA ANA
CONSTRUCTION CONTRACT AGREEMENT
PROJECT NO.: 22-1405
PEDESTRIAN AND MOBILITY IMPROVEMENTS PHASE I
EXHIBIT B
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
«B„
1. REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II 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:
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 a part of such employee's essential job functions discloses
the compensation of such other employees or applicants to individuals who 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.
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
CITY OF SANTA ANA
CONSTRUCTION CONTRACT AGREEMENT
PROJECT NO.: 22-1405
PEDESTRIAN AND MOBILITY IMPROVEMENTS PHASE I
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 information 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 his 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 and cooperate actively with the administering agency and 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
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.
CITY OF SANTA ANA
CONSTRUCTION CONTRACT AGREEMENT
PROJECT NO.: 22-1405
PEDESTRIAN AND MOBILITY IMPROVEMENTS PHASE I
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 and 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 II, 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 under
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 II 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 "Antti-Kickback" Act: Not applicable to this
Construction Contract since it is funded by CSLFRF.
(e) Appendix II to Part 200 (E) — Contract Work Hours and Safety Standards Act:
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
held by the CONTRACTOR, such sums as may be determined to be necessary to satisfy any liabilities of
CITY OF SANTA ANA
CONSTRUCTION CONTRACT AGREEMENT
PROJECT NO.: 22-1405
PEDESTRIAN AND MOBILITY IMPROVEMENTS PHASE I
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.
(f) Appendix II to Part 200 (F) — Rights to Inventions Made Under a Contract or Agreement:
Not applicable to this Construction Contract.
(g) Appendix II to Part 200 (G) — Clean Air Act and Federal Water Pollution Control Act:
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.
ii 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 II to Part 200 (H) — Debarment and Suspension:
6) 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. § 180.940) 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.
CITY OF SANTA ANA
CONSTRUCTION CONTRACT AGREEMENT
PROJECT NO.: 22-1405
PEDESTRIAN AND MOBILITY IMPROVEMENTS PHASE I
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
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 (I) — 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 funds that takes place in connection with obtaining any Federal award.
Such disclosures are 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.
0) Appendix II to Part 200 (J) — §200.323 Procurement of Recovered Materials:
G) 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 affirmative procurement.
ii In the performance of this Construction Contract, the CONTRACTOR shall make
maximum use of products containing recovered materials that are EPA -designated items unless the
product cannot be acquired: competitively within a timeframe 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,
https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.
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 (K) — §200.216 Prohibition on Certain Telecommunications and
Video Surveillance Services or Equipment:
CITY OF SANTA ANA
CONSTRUCTION CONTRACT AGREEMENT
PROJECT NO.: 22-1405
PEDESTRIAN AND MOBILITY IMPROVEMENTS PHASE I
(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
telecommunications equipment is telecommunications equipment produced by Huawei Technologies
Company or ZTE Corporation (or any subsidiary or affiliate of such entities).
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).
Telecommunications or video surveillance services provided by such
entities or using such equipment.
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 (L) — §200.322 Domestic Preferences for Procurement:
Q 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:
(11,) "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.
(22,) "Manufactured products" means items and construction materials
composed in whole or in part of nonferrous 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.
CITY OF SANTA ANA
CONSTRUCTION CONTRACT AGREEMENT
PROJECT NO.: 22-1405
PEDESTRIAN AND MOBILITY IMPROVEMENTS I
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.
(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:
Q 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. Part 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 Governmentwide 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.
Lvv) Governmentwide Requirements for Drug -Free Workplace, 31 C.F.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 Regulations Prohibiting Discrimination.
CONTRACTOR agrees to comply with statutes and regulations prohibiting discrimination applicable to
the CSLFRF program including, without limitation, the following:
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.
CITY OF SANTA ANA
CONSTRUCTION CONTRACT AGREEMENT
PROJECT NO.: 22-1405
PEDESTRIAN AND MOBILITY IMPROVEMENTS PHASE I
iii Section 504 ofthe 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.
Qv) 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.
Lvv,) 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 Whistleblowers.
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;
A member of Congress or a representative of a committee of Congress;
JQ An Inspector General;
The Government Accountability Office;
A Treasury employee responsible for contract or grant oversight or
(55) An authorized official of the Department of Justice or other law
(66) A court or grand jury; or
(77) A management official or other employee of CONTRACTOR, or a
subcontractor who has the responsibility to investigate, discover, or address misconduct.
CITY OF SANTA ANA
CONSTRUCTION CONTRACT AGREEMENT
PROJECT NO.: 22-1405
PEDESTRIAN AND MOBILITY IMPROVEMENTS PHASE I
(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 13513, 74 FR
51225 (Oct. 6, 2009), CONTRACTOR should encourage its employees and subcontractors to adopt and
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:
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.
(y) 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 assignees:
CITY OF SANTA ANA
CONSTRUCTION CONTRACT AGREEMENT
PROJECT NO.: 22-1405
PEDESTRIAN AND MOBILITY IMPROVEMENTS PHASE I
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 VI 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 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).
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.
EXHIBIT 4
COST ANALYSIS
CONSTRUCTION OF PROJECT NO. 22-1405: Pedestrian and Mobility
Improvements Phase I
Construction Contract
$
319,320.00
Contract Administration, Inspection and Testing
$
47,898.00
Contingencies
$
48,782.00
TOTAL ESTIMATED CONSTRUCTION COSTS
$
416,000.00
PROJECT TITLE:
Pedestrian & Mobility Improvements -
Phase I
PROJECT CATEGORY:
Traffic Improvements
Traffic Improvements
LOCATION MAP
N
AGENCY:
Public Works
CITY OF SANTA ANA FY 22/23CIP
CAPITAL IMPROVEMENT PROJECT WORKSHEET
PROJECT DESCRIPTION:
This project will provide physical improvements to the built
environment to enhance pedestrian traffic safety and promote
walkability. Work includes installing the following improvements:
rectangular flashing beacons, wheel chair ramps, crosswalk
crossing enhancements. Locations include: 3rd Street at Birch
Street — Rectangular Rapid Flashing Beacons, 3rd Street at
Spurgeon Street — Pedestrian crosswalk crossing improvements
and Various Locations — Wheel chair ramps.
IPROJECT NEED:
Project will enhance pedestrian traffic safety and promote walkability.
PROJECT COSTS FY 22/23 FY 23/24 FY 24125 FY 25/26 FY 26/27 FY 27/28 FY 28129
Construction 416,000 - - - - - -
TOTAL 416,000 - - - - - -
SOURCE OF FUNDS FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29
ARPA Funds 416,000 - - - - - -
TOTAL 416,000 - - - - - -
DIVISION:
Traffic Engineering
CONTACT:
Ruben Castaneda, Senior Engineer
DATE:
01-May-2023 71