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Home My WebLink AboutItem 15 - Centennial Lake Circulation Renovation ProjectPublic Works Agency www.santa-ana.org/public-works Item # 15 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report April 18, 2023 TOPIC: Centennial Lake Circulation Renovation Project AGENDA TITLE Award a Construction Contract to CJW Construction, Inc. in the Amount of $4,942,135, Approve an Amendment to the Fiscal Year 2022-23 CIP, and Approve Amendment to the Agreement with J. Smith & T. Muli, Inc. to Increase the Contract for the Centennial Lake Circulation Renovation Project with an Estimated Total Delivery Cost of $6,179,135 (Project No. 18-2681) (Revive Santa Ana program) RECOMMENDED ACTION 1. Approve an amendment to the Fiscal Year 2022-23 Capital Improvement Program to include $1,342,240 of funding in American Rescue Plan Funds for the Centennial Lake Circulation Renovation project. 2. Award a construction contract to CJW Construction, Inc., the lowest responsive and responsible bidder, in accordance with the base bid in the amount of $4,942,135, for the construction of the Centennial Lake Circulation Renovation Project, for a term beginning April 18, 2023, and ending upon project completion, and authorize the City Manager to execute the contract subject to non -substantive changes approved by the City Manager and the City Attorney. 3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $6,179,135, which includes $4,942,135 for the construction contract; $742,000 for contract administration, inspection, and testing; and a $495,000 project contingency for unanticipated or unforeseen work. 4. Authorize the City Manager to execute the first amendment to the agreement with J. Smith & T. Muli, Inc. to increase the Contract Amount by $11,500, for a total amount not to exceed $61,391, for lake engineering and construction services for the remaining term of the agreement, beginning May 20, 2022 through December 31, 2023, including up to two additional one-year periods upon a writing executed by the City Manager and City Attorney. Centennial Lake Circulation Renovation April 18, 2023 Page 2 5. Determine the recommended actions are exempt for further review in accordance with the California Environmental Quality Act as Categorical Exemption Environmental Review No. ER-2023-31 was filed for Project 18-2681. DISCUSSION The Centennial Lake Circulation Renovation project is a comprehensive rehabilitation effort to improve the existing 10-acre lake located in Centennial Regional Park (Exhibit 1). The current operational equipment and facilities originally installed in 1978 have reached the limits of their design life. The functionality and efficiency of the system are failing and the condition and health of the lake water have declined to the point where park maintenance staff is unable to address the deficiencies. The construction scope of work takes a holistic approach to restoring and rebalancing the lake with measures involving both mechanical and biological systems and includes new pumps, piping, aeration devices, and natural habitat improvements (Exhibit 2). Public Outreach and Contractor Participation To provide an opportunity for local vendors to submit bids, the City notified a total of 59 regional vendors via PlanetBids, many of which are Santa Ana based. A total of two bids were received with one bid from a Santa Ana contractor. As legally required, a Notice Inviting Bids was advertised in the Orange County Register newspaper on January 19 and 26, 2023. The project was also advertised in PlanetBids from January 25, 2023 through February 28, 2023. Bids were received electronically via PlanetBids on February 28, 2023. Bid Results Summary Rank Bidder's Name Location Base Bid 1 CJW Construction, Inc. Santa Ana, CA $4,942,135 NR Zusser Company, Inc. Los Angeles, CA Non -Responsive A total of two bids were received and of the two bidders, Zusser Company, Inc. was non -responsive. CJW Construction, Inc. submitted the lowest responsive base bid in the amount of $4,942,135 (Exhibit 3). As specified in the bid documents, the lowest bid shall be determined on the basis of the Base Bid. Based on the bid analysis and a contractor's reference check, staff recommends awarding the construction contract to CJW Construction, Inc., in the amount of the base bid totaling $4,942,135 (Exhibit 4). Centennial Lake Circulation Renovation April 18, 2023 Page 3 Proiect Delive 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 5) and as summarized in the table below, the estimated total construction delivery cost of the project is $6,179,135. Project Item Total Construction Contract $4,942,135 Construction Administration, Inspection, Testing $742,000 Project Contingencies $495,000 TOTAL CONSTRUCTION DELIVERY COST $6,179,135 The amendment to the Agreement with J. Smith & T. Muli, Inc. to increase the Contract Amount by $11,500, for a total amount not to exceed $61,391, for lake engineering and construction services for the remaining term of the agreement will be budgeted per the construction administration (Exhibit 6). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER- 2023-31 was filed for the project 18-2681. FISCAL IMPACT On August 2, 2022, the City Council approved the Revive Santa Ana Spending Plan that reflected the entire American Rescue Plan Act (ARPA) allocation of local fiscal recovery funds. A $3,679,135 cost savings was subsequently identified and redirected, by the City Manager's authorization, to the Centennial Lake Circulation Renovation project, which is in the Public Health and Safety classification. As indicated in the Cost Analysis, the estimated total construction delivery cost of the project is $6,179,135, which includes construction, contract administration, inspection and testing, and authorized contingencies of $1,237,000. All funds are available for expenditure in Fiscal Year 2022-23, however, any remaining balances not expended at the end of the fiscal year will be carried forward into FY 2023-24. The following table summarizes the funds budgeted for expenditure to deliver the construction of this project: Centennial Lake Circulation Renovation April 18, 2023 Page 4 Fiscal Accounting Unit Fund Accounting Unit -Account Year - Account No. Description No. Description Amount Project No. Additional Funds/Budget Reallocation 18117013-66220 American Improvements 2022-23 (From 22-1375 to Rescue Plan Other TBuilding Other Than $1,342,240 18-2681) Act Existing Budget 01213020-66220 Cannabis PRCSA Youth Services, 2022-23 (18-2681) Public Benefit Improvements Other Than $2,500,000 Fund Buildings 18117013-66220 American ARPA-PWA, Improvements 2022-23 (From 22-1375 to Rescue Plan Other Than Building $2,336,895 18-2681) Act Total $6,179,135 EXHIBIT(S) 1. Location Map 2. CIP Sheet 3. Bid Proposal 4. Construction Contract 5. Cost Analysis 6. First Amendment Agreement with J. Smith & T. Muli, Inc. Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager EXHIBIT 1 r LOCATION MAP ,& NOT T4 SCALE �N ORq ryC'F SANTAANA 3Al PQ �i Project No. 18-2681: o PWA Centennial Lake Circulation Renovation .. PUBLIC WORKS AGENCY EXHIBIT 2 PROJECT TITLE: Centennial Lake Circulation Renovation PROJECT CATEGORY: City Facility Improvements - Park Facility Improvements LOCATION MAP W Hood Ave �n W Edinger Ave NabE4 ec c� A I* gal Regional Park W Centenn CITY OF SANTA ANA FY 22/23 CIP CAPITAL IMPROVEMENT PROJECT WORKSHEET PROJECT DESCRIPTION: Design of a new circulation system on a 10 acre lake at Centennial Park. PROJECT NEED: In 2017, the City retained a Consultant to analyze the circulation system at Centennial Park Lake. The report indicates only a portion of the current circulation system is working and the lake needs a complete new circulation system. Currently staff is manually removing algae from the lake due to the poor aeration system. The new system is estimated to cost 2.2 million. Funding has been identified this year to complete the design of the new system. PROJECT COSTS FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 Construction 1679 111 TOTAL 3,679,135 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 3 6 TOTAL 3,679,135 AGENCY: DIVISION: CONTACT: DATE: Public Works Agency Parks, Fleet & Facilities Suzi Furjanic, Assoc. Park Planner 28-Mar-2023 - 1 - EXHIBIT 3 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-2681 CENTENNIAL LAKE CIRCULATION RENOVATION BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: CJW Construction, 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: Bid Item Unit Description Quantity Unit Amount No. Note No. Price 1 DN-19 CLEAR AND GRUB PER LIMITS 1 LS $98,000 $98,000 SHOWN 2 DN-17 UNCLASSIFIED EXCAVATION 1,450 CY $68 $98,600 FURNISH AND INSTALL 12-INCH 3 CN-14 C-900 DR-25 PR CL 165 PVC PIPE, 95 LF $72 $6,840 LENGTH PER PLAN. CONSTRUCT CONCRETE LAKE EDGE AT SIDEWALK / 4 CN-1 BOARDWALK PER PLAN, 155 LF $350 $54,250 CONSTRUCTION METHOD AND DETAIL 02 ON SHEET 10 CONSTRUCT CONCRETE LAKE 5 CN-2 EDGE PER PLAN AND DETAILS 480 LF $350 $168,000 ON SHEET 10 GRADE MEANDERING STREAM 6 CN-3 PER PLAN AND INSTALL ROCK 255 LF $250 $63,750 LINING CONSTRUCT CONCRETE BOAT 7 CN-4 RAMP PER DETAIL 12 ON SHEET 1 EA $40,000 $40,000 12 8 CN-5 CONSTRUCT MANMADE REEF 1 6 EA $600 $3,600 PER DETAIL 05 ON SHEET 11 9 CN-6 CONSTRUCT MANMADE REEF 2 2 EA $1,200 $2,400 PER DETAIL 06 ON SHEET 11 10 CN-7 CONSTRUCT FOUNTAIN PER 1 EA $12,000 $12,000 DETAIL 07 ON SHEET 14 FURNISH AND INSTALL 11 CN-8 WATERFOWL FOOD VENDING 7 EA $1,000 $7,000 MACHINE PER PLAN CONSTRUCT CONCRETE STEPS 12 CN-9 PER PLAN AND DETAIL 32 ON 550 SF $80 $44,000 SHEET 18 P-1 of P-21 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-2681 CENTENNIAL LAKE CIRCULATION RENOVATION Bid Item Unit Description Quantity Unit Amount No. Note No. Price CONSTRUCT OWL BOX PER 13 CN-10 DETAIL 10 ON SHEET 12. INSTALL 5 EA $325 $1,625 OWL BOX IN SELECTED TREES PER CITY ENGINEER FURNISH AND INSTALL PUMP 14 CN-11 VAULT TYPE B WITH EQUIPMENT 1 EA $186,000 $186,000 COMPLETE AS PER SHEET 20 15 CN-12 CONSTRUCT MANMADE REEF 3 25 EA $400 $10,000 PER DETAIL 7 ON SHEET 11 16 CN-13 CONSTRUCT BOAT DOCK PER 1 EA $6,000 $6,000 DETAIL 13 ON SHEET 12 CONSTRUCT COMPACTED DG 17 CN-15 STEPS PER DETAIL 31 ON SHEET 4,500 SF $24 $108,000 18 CONSTRUCT WETLAND PLANTER 18 CN-16 FOR AQUATIC VEGETATION 4,200 SF $30 $126,000 TYPE I PER DETAIL 16 ON SHEET 13 CONSTRUCT WETLAND PLANTER 19 CN-17 FOR AQUATIC VEGETATION 2,000 SF $58 $116,000 TYPE II PER DETAIL 17 ON SHEET 13 FURNISH AND INSTALL 20 CN-18 AERATION POD PER PLAN, AND 21 EA $900 $18,900 DETAIL 18 SHEET ON 14 FURNISH AND INSTALL PUMP 21 CN-19 VAULT TYPE A WITH EQUIPMENT 5 EA $186,000 $930,000 COMPLETE AS PER SHEET 15 FURNISH AND INSTALL 8-INCH 22 CN-20 SCHED 40 PVC PIPE, LENGTH PER 740 LF $70 $51,800 PLAN. FURNISH AND INSTALL PUMP 23 CN-21 VAULT TYPE B WITH EQUIPMENT 1 EA $186,000 $186,000 COMPLETE AS PER SHEET 16 FURNISH AND INSTALL 6-INCH 24 CN-22 SCH 40 PVC PIPE, LENGTH PER 2,110 LF $50 $105,500 PLAN. FURNISH AND INSTALL 4-INCH 25 CN-23 SCH 40 PVC PIPE, LENGTH PER 5,100 LF $40 $204,000 PLAN. FURNISH AND INSTALL 2-INCH 26 CN-24 SCH 40 PVC PIPE, LENGTH PER 515 LF $38 $19,570 PLAN. CONSTRUCT AND INSTALL 27 CN-25 SKIMMER BOX AT LAKE EDGE AT 13 EA $2,000 $26,000 GRASS PER PLAN, AND DETAIL 25 ON SHEET 14 P-2 of P-21 CITY OF SANTA ANA Add No. One PROPOSAL PROJECT NO.: 18-2681 CENTENNIAL LAKE CIRCULATION RENOVATION Bid Item Unit Description Quantity Unit Amount No. Note No. Price CONSTRUCT AND INSTALL 28 CN-26 SKIMMER BOX AT LAKE EDGE AT 14 EA $2,000 $28,000 WALKWAY PER PLAN, AND DETAIL 26 ON SHEET 14 FURNISH AND INSTALL 6-INCH 29 CN-27 SLOTTED INTAKE PER DETAILS 4 EA $4,000 $16,000 27A AND 27B ON SHEET 14 FURNISH AND INSTALL 12-INCH 30 CN-28 EQUALIZER LINE PVC PIPE (C-900 320 LF S38,400 DR-25) PER PLAN, AND DETAIL 28 $120 SHEET 18, LENGTH PER PLAN FURNISH AND INSTALL PUMP 31 CN-36 VAULT TYPE B WITH EQUIPMENT 1 EA $186,000 S 186.000 COMPLETE AS PER DETAILS ON SHEET 18 FURNISH AND INSTALL 32 CN-37 WEIGHTED AIRLINE TUBING 2,550 LF $2 $5,100 FROM WALL TO AERATION POD PER PLAN. INSTALL WEIGHTED AIRLINE 33 CN-38 TUBING THROUGH PROPOSED 8 EA $400 $3,200 LAKE EDGE PER PLAN, AND DETAIL 38 ON SHEET 18 CONSTRUCT PIPE WALL 34 CN-39 PENETRATION THROUGH LAKE 42 EA $800 $33,600 EDGE PER PLAN, AND DETAILS 39A & 39B ON SHEET 13 FURNISH AND INSTALL 3"-6" 35 CN-41 RIVER ROCK PER PLAN, AND 40 CY $30 $1,200 TYPICAL SECTION'R' HEREON. FURNISH AND INSTALL 45-MIL 36 CN-42 EPDM LINER PER PLAN, AND 222 SY $20 $4,440 TYPICAL SECTION W HEREON. FURNISH AND INSTALL 1/4-TON 37 CN-43 RIP -RAP PROTECTION PER PLAN, 5 CY $400 $2,000 AND SECTION HEREON. 38 CN-44 CONSTRUCT FISH SPAWNING 31,600 SF $4 $126,400 AREA PER DETAIL 3 ON SHEET 10 CONSTRUCT BIOFILTER PER 39 CN-45 PLAN AND DETAIL 12 ON SHEET 4 EA $60,000 $240,000 23 CONSTRUCT 4" THICK CONCRETE 40 CN-52 PAVEMENT PER PLAN AND 5,100 SF $18 $91,800 COUNTY OF ORANGE OCPW STD PLAN 1621 P-3 of P-25 CITY OF SANTA ANA Add No. One PROPOSAL PROJECT NO.: 18-2681 CENTENNIAL LAKE CIRCULATION RENOVATION Bid Item Unit Description Quantity Unit Amount No. Note No. Price CONSTRUCT LANDSCAPE 41 CN-53 PLANTER PER DETAIL 30 ON 4,200 SF $10 $42,000 SHEET 18 INSTALL RELOCATED 42 CN-56 BOOKSHARE KIOSK AT 1 EA $800 $800 LOCATION SHOWN FURNISH AND INSTALL PUMP 43 CN-57 VAULT TYPE B WITH EQUIPMENT 2 EA $186,000 $372,000 COMPLETE AS PER SHEET 21 INSTALL 36" BOX AUSTRALIAN 44 CN-58 WILLOW (GIJEIRA PARVIFLORA)PER CITY OF 12 EA $2,500 $30,000 SANTA ANA STD PLAN 1124B FURNISH AND INSTALL 124NCH 45 CN-59 SCHED 40 PVC PIPE, LENGTH PER 51 LF $400 $20,400 PLAN. INSTALL 3/4 INCH SCHEDULE 40 PVC IRRIGATION LINE. TRENCH 46 CN-66 DETAILS PER SHEET 22. ROOT 265 LF $38 $10,070 WATERING BUBBLER AT EACH TREE PER DETAIL 9 ON SHEET 22. REMOVE EXIST PUMP, WIRING, 47 DN-1 VAULT, AND APPURTENANCES. 11 EA $1,000 $11,000 BACKFILL HOLE(S). ABANDON EXISTING LAKE EDGE 48 DN-2 SKIMMER AND BACKFILL WITH 28 EA $800 $22,400 CONCRETE 49 DN-3 ABANDON EXIST PIPE IN -PLACE. 11 EA $15,400 CAP/ PLUG CUT ENDS. $1,400 50 DN-5 REMOVE AND TEMPORARILY 2 EA $280 $560 STORE BOOKSHARE KIOSK 51 DN-6 RELOCATE PARK BENCH PER 2 EA $600 $1,200 SHEET 3 REMOVE LIGHT STANDARD, 52 DN-7 FOUNDATION, CONDUIT, AND 1 EA $2,800 $2,800 WIRING. BACKFILL HOLE(S) 53 DN-8 REMOVE WOODEN POSTS AND 222 LF $10 $2,220 STEEL CABLE BARRICADE RELOCATE AND RECONNECT 54 DN-9 EXISTING IRRIGATION PIPES TO 215 LF $14 $3,010 LIMITS SHOWN P-4 of P-25 CITY OF SANTA ANA Add No. One PROPOSAL PROJECT NO.: 18-2681 CENTENNIAL LAKE CIRCULATION RENOVATION Bid Item Unit Description Quantity Unit Amount No. Note No. Price RELOCATE TREES AS NEEDED TO $13,500 55 DN-10 CONSTRUCT WATER FEATURE 2,700 SF $ 5 PER SHEETS 5,6, AND 9 REMOVE EXISTING TREES $800 $9,600 56 DN-11 WITHIN LIMITS INCLUDING 12 EA ROOTBALL AND TRUNK REMOVE EXIST LAKE EDGE 57 DN-13 WALL PER LIMITS SHOWN ON 600 LF $50 $30,000 PLANS. 58 DN-14 REMOVE AND DISPOSE OF 8" 150 LF $8 $1,200 EQUALIZER LINES. ABANDON INTAKE STRUCTURE 59 DN-15 AND 24" ACP IN PLACE. 1 EA $8,000 K000 BACKFILL WITH CLSM. ABANDON EXISTING ELECTRIC 60 DN-18 FACILITY IN PLACE, DE- 11 EA $4,000 $44,000 ENERGIZE TO RENDER INOPERABLE AND SAFE 61 PROJECT ADVERTISEMENT SIGN 1 EA $2,000 $2,000 62 1 CONSTRUCTION PERMIT 1 I LS $30,000 1 $30,000 63 1 DEWATERING 1 LS $800,000 $800,000 CN= "Construction Notes" from Plan Set DN= "Demolition Notes" from Plan Set P-5 of P-25 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-2681 CENTENNIAL LAKE CIRCULATION RENOVATION TOTAL BASE BID $ 4,942,135.00 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 number (280) 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 $2,000.00 per calendar day. Name of Firm CJW Construction, Inc Signature of BIDDER Title Daniel Duarte, President Tammy Harvey, Secretary (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-6 of P-21 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-2681 CENTENNIAL LAKE CIRCULATION RENOVATION 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 CJW Construction, Inc Signature of BIDDER Title Daniel Duarte, President Tammy Harvey, Secretary (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-7 of P-21 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-2681 CENTENNIAL LAKE CIRCULATION RENOVATION CONTRACTOR'S LICENSING AND REGISTRATION STATEMENT The undersigned contractor, or corporate officer, declares under penalty of perjury that he/she and all his/her subcontractors are registered with the State of California Department of Industrial Relations (DIR), and that the following is true and correct. Contractor's Name: CYVN Construction, Inc Business Address: 841 E. Washington Avenue Suite B, Santa Ana, CA 92701 Business E-Mail Address: estimating@cjwconstruction.com Telephone: 714-835-6820 State Contractor's License No. and Class: CSLB 4803675 License Expiration Date: 1/31/2024 State Dept. of Industrial Relations (DIR) Registration No.: State Dept. of Industrial Relations (DIR) Registration Expir te: Signed: Title: Daniel Duarte, President 1000009924 06/30/2024 P-8 of P-21 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-2681 CENTENNIAL LAKE CIRCULATION RENOVATION PREVAILING WAGE COMPLIANCE AND MONITORING STATEMENT Contractor is aware of the requirements of California Labor Code Section 1720, et seq., as well as California Code of Regulations, Title 8, Section 16,000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify, and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The undersigned certifies that the foregoing is true and correct. Name of Firm CJW Construction, Inc Signature of BIDDER Title Daniel Duarte, President (if an individual, so state) P-9 of P-21 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-2681 CENTENNIAL LAKE CIRCULATION RENOVATION LIST OF SUB -CONTRACTORS Section 4100 et. seq. of the Public Contract Code requires listing of all subcontractors with the bid for all subcontract work exceeding the following amount: o Streets, highways including bridge projects: ''/z% of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: %z% of the bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIR). BIDDER proposes to subcontract certain portions of the work to the firms listed below: Name ZZ Construction License #/Exp. 1054314 / Ex. 06/30/2023 DIR Reg. #/Exp. 1000930487 Ex. 06/30/2023 Location Santa Ana, CA Phone 714-863-4132 Type Of Work Landscaping & Concrete (Partial) Amount $ $300,000 Name Herman and Charles, Inc. License #/Exp. 1086284 / June 2023 DIR Reg. #/Exp. 1000859957 / June 2023 License # 1086284 / June 2023 Location San Bernardino, CA Phone 951-205-1637 Type Of Work Electrical (Partial) Amount $ $655,000 Name License #/Exp. DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $ Signature of Bidder Name Macro -Z-Technology License #/Exp. 561313 / Ex. 03/31/2023 DIR Reg. #/Exp. 1 000 000 232 / Ex. 06/30/2024 Location Santa Ana, CA Phone 714-564-1130 Type Of Work Earthwork (Partial) Amount $ $200,000 Name License #/Exp. DIR Reg. #/Exp. License # _ Location _ Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # _ Location _ Phone Type Of Work Amount $ P-12 of P-21 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-2681 CENTENNIAL LAKE CIRCULATION RENOVATION REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER has performed similar work within the past three years. I, Orange County Public Works. 601 N Ross St, Santa Ana, CA 92701 Name and Address of Owner. Teejay Aeropagita, Resident Engineer. 714-856-2099 Name and Telephone Number of person familiar with project. $6,510,523 Repair of Channel & Erosion Protection 09/29/2020 Contract Amount Type of Work Date Completed 2. Orange County Water District. 18700 Ward St, Fountain Valley, CA 92708 Name and Address of owner. Ryan Bouley, Principal Engineer 714-378-8207 Name and Telephone Number of person familiar with project. $1,859,000 Sediment Removal of Dam 02/13/2021 Contract Amount Type of Work Date Completed 3, USACE -Los Angeles District. 915 Wilshire Blvd., Suite 1101, Los Angeles, CA 90017 Name and Address of owner. Fernando Cano, Project Engineer. 951-898-6151 Name and Telephone Number of person familiar with project. Riprap revetment & stone toe $29,748,020 protection along Santa Ana River Contract Amount Type of Work 08/08/2024 Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. Alliant Insurance Services, Inc. 18100 Von Karman Avenue, 10th Floor, Irvine, CA 92612: (949) 660-5956 Western Surety Company, 2 Park Plaza, Irvine, CA 92614: (949) 399-4970 P-13 of P-21 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-2681 CENTENNIAL LAKE CIRCULATION RENOVATION ADDITIONAL REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER or Subcontractor has performed similar work in the past five years. 1. County of Orange. 300 North Flower St Suite 800 Santa Ana, CA 92703 Name and Address of Owner. Teejay Aeropagita, Resident Engineer. 714-856-2099 Name and Telephone Number of person familiar with project. $4,251,275 Sediment Removal from channel 04/12/2019 Contract Amount Type of Work Date Completed 2. California State Lands Commission. 100 Howe Ave, Suite 100-South, Sacramento, CA 95825 Name and Address of owner. Keith Merkle 858-560-6441 Name and Telephone Number of person familiar with project. $3,742,180 Maintenance dredging of lowlands Contract Amount Type of Work 12/31 /2020 Date Completed 3. Los Angeles County Public Works. 900 South Fremont Ave, Alhambra, CA 91803 Name and Address of owner. Victor Bermudez 626-688-8275 Name and Telephone Number of person familiar with project. Repair of levees and -flood $7,599,811 management improvement Contract Amount Type of Work 03/21 /2021 Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. See previous reference page. P-14 of P-21 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-2681 CENTENNIAL LAKE CIRCULATION RENOVATION NON-DISCRIMINATION CERTIFICATE The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, 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. 2. The Contractor shall, 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, or national origin. 3. The Contractor shall send to each labor union or representative of workers with which he/she 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. 4. The Contractor shall 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. 5. The Contractor shall 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/her 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. 6. In the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the 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 Execution 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, regulations, or order of the Secretary of Labor, or as otherwise provided by law. P-16 of P-21 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-2681 CENTENNIAL LAKE CIRCULATION RENOVATION 7. The Contractor shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) 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 subcontract or purchase order as the administering agency may direct as 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 that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any contractor of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title: Daniel Duarte, President Firm: CJW Construction, Inc Date: 2/28/2023 P-17 of P-21 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-2681 CENTENNIAL LAKE CIRCULATION RENOVATION STATEMENT REGARDING APPRENTICESHIP REQUIREMENTS The undersigned BIDDER is familiar with the requirements of Section 1777.5 of the State Labor Code regarding employment of apprentices, and understands that contractors on contracts exceeding $30,000 or 20 working days shall: 1. Apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. 2. Employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards. 3. Contribute to the fund or funds in each craft or trade in which he/she employs journeymen or apprentices on the public work, in the same amount or upon the same basis and in the same manner as the other contractors, except contractors not signatory to the trust agreement shall pay a like amount to the California Apprenticeship Council. Signed: Title: Daniel Duarte, President Firm: CJW Construction, Inc Date: 2/28/2023 P-18 of P-21 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-2681 CENTENNIAL LAKE CIRCULATION RENOVATION STATEMENT REGARDING "ANTI -KICKBACK" REQUIREMENTS The undersigned is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with the Copeland "Anti -Kickback" Act (18 USC 74) as supplemented in the Department of Labor regulations (29 CFR, Part 3). This act provides that each contractor or subcontractor shall be prohibited from inducing, by any means, any person employed in the construction or repair of public work, to give up any part of the compensation to which he/she is otherwise entitled. Signed: Title: Daniel Duarte, President Firm: CJW Construction, Inc Date: 2/28/2023 P-19 of P-21 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-2681 CENTENNIAL LAKE CIRCULATION RENOVATION PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE In conformance with Public Contract Code Section 10162, the BIDDER shall complete, under penalty of perjury, the following questionnaire: Has the BIDDER, any officer of the BIDDER, or any employee of the BIDDER who has a proprietary interest in the BIDDER, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No X If the answer is yes, explain the circumstances in the following space. P-20 of P-21 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-2681 CENTENNIAL LAKE CIRCULATION RENOVATION STATEMENT REGARDING COMMUNITY WORKFORCE AGREEMENT (CWA) REQUIREMENTS (NOT USED) ■■_. ._ ._ - - Signed: Title: President Firm: CJW Construction, Inc. Date: 02/28/2023 Daniel Duarte P-21 of P-21 CITY OF SANTA ANA PROPOSAL Add No. One PROJECT NO.: 18-2681 CENTENNIAL LAKE CIRCULATION RENOVATION DEBARMENT AND SUSPENSION CERTIFICATION TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 The BIDDER, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, manager: • is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency; • has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years; • does not have a proposed debarment pending; and • has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years. If there are any exceptions to this certification, insert the exceptions in the following space. Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action. Signature: Printed Name: Daniel Duarte Title: President Firm Name: CJW Construction, Inc. Note: Providing false information may result in criminal prosecution or administrative sanctions. P-22 of P-25 CITY OF SANTA ANA PROPOSAL Add No. One PROJECT NO.: 18-2681 CENTENNIAL LAKE CIRCULATION RENOVATION NONLOBBYING CERTIFICATION FOR FEDERAL -AID CONTRACTS TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 The BIDDER certifies, by signing and submitting this Proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, 'Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The BIDDER also agrees by submitting his or her Proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Signature: Printed Name: Daniel Duarte Title: President Firm Name: CJw Construction, Inc. P-23 of P-25 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-2681 CENTENNIAL LAKE CIRCULATION RENOVATION DISCLOSURE OF LOBBYING ACTIVITIES COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352 1. Type of Federal Action: 2. Status of Federal 3. Report Type: Action: = a. contract a. bid/offer/application a. initial b. grant b. initial award b. material change c. cooperative agreement c. post -award d. loan For Material Change Only: e. loan guarantee year quarter f. loan insurance date of last report 4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime: Prime Subawardee Tier , if known Congressional District, if known 6. Federal Department/Agency: 8. Federal Action Number, if known: 10. a. Name and Address of Lobby Entity (If individual, last name, first name, MI) 11. 12. 14. Congressional District, if known 7. Federal Program Name/Description: CFDA Number, if applicable 9. Award Amount, if known: b. Individuals Performing Services (including address if different from No. I Oa) (last name, first name, MI) (attach Continuation Sheet(s) if necessary) Amount of Payment (check all that apply) 13. Type of Payment (check all that apply) $ actual ❑ planned a. retainer b. one-time fee Form of Payment (check all that apply): c. commission ea. cash d. contingent fee b. in -kind; specify: nature e deferred value f. other, specify Brief Description of Services Performed or to be performed and Date(s) of Service, including officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 11: (attach Continuation Sheet(s) if necessary) 15. Continuation Sheet(s) attached: Yes ❑ No ❑ 16. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying reliance was placed by the tier above when his transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to Congress semiannually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Federal Use Only: Signature:_ Print Name: Title: Telephone No.: Date: Authorized for Local Reproduction Standard Form - LLL Add No. One P-24 of P-25 CITY OF SANTA ANA PROPOSAL Add No. One PROJECT NO.: 18-2681 CENTENNIAL LAKE CIRCULATION RENOVATION INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of covered Federal action or a material change to previous filing pursuant to title 31 U.S.C. section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered Federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence, the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in Item 4 checks "Subawardee" then enter the full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identification in item 1 (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number, the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitments for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influenced the covered Federal action. (b) Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter Last Name, First Name and Middle Initial (MI). 11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made. 12. Check the appropriate box. Check all boxes that apply. If payment is made through an in -kind contribution, specify the nature and value of the in -kind payment. 13. Check the appropriate box. Check all boxes that apply. If other, specify nature. 14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with Federal officials. Identify the Federal officer(s) or employee(s) contacted or the officer(s) employee(s) or Member(s) of Congress that were contacted. 15. Check whether or not a continuation sheet(s) is attached. 16. The certifying official shall sign and date the form, print his/her name title and telephone number. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503. P-25 of P-25 EXHIBIT 4 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 18-2681 CENTENNIAL LAKE CIRCULATION RENOVATION This CONSTRUCTION CONTRACT is made and entered into this 18t1' day of April, 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 CJW Construction, Inc. (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 Centennial Lake Circulation Renovation 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 Four Million Nine Hundred Forty -Two Thousand One Hundred Thirty -Five Dollars and No Cents ($4,942,135.00), 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 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 18-2681 CENTENNIAL LAKE CIRCULATION RENOVATION 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: ht[p://www.santa-ana.or�1/1)wa/documents/CWA.lidf 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. 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 hssurance 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 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 18-2681 CENTENNIAL LAKE CIRCULATION RENOVATION (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 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 18-2681 CENTENNIAL LAKE CIRCULATION RENOVATION IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: JENNIFER HALL Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: �►+! µ,-iL JOHN FUNK Chief Assistant City Attorney NABIL SABA, PE Executive Director Public Works Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager CONTRACTOR: CJW Construction, Inc. NAME: Daniel Duarte TITLE: President Page 4 of 4 11 . CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-2681 CENTENNIAL LAKE CIRCULATION RENOVATION BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: CJW Construction. 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: Bid Item Unit No. Note No. Description Quantity Unit Price Amount 1 DN-19 CLEAR AND GRUB PER LIMITS 1 LS $98,000 $98,000 SHOWN 2 DN-17 UNCLASSIFIED EXCAVATION 1,450 CY $68 $98,600 FURNISH AND INSTALL 12-INCH 3 CN-14 C-900 DR-25 PR CL 165 PVC PIPE, 95 LF $72 $6,840 LENGTH PER PLAN. CONSTRUCT CONCRETE LAKE EDGE AT SIDEWALK / 4 CN-1 BOARDWALK PER PLAN, 155 LF $350 $54,250 CONSTRUCTION METHOD AND DETAIL 02 ON SHEET 10 CONSTRUCT CONCRETE LAKE 5 CN-2 EDGE PER PLAN AND DETAILS 480 LF $350 $168,000 ON SHEET 10 GRADE MEANDERING STREAM 6 CN-3 PER PLAN AND INSTALL ROCK 255 LF $250 $63,750 LINING CONSTRUCT CONCRETE BOAT 7 CN-4 RAMP PER DETAIL 12 ON SHEET I EA $40,000 $40,000 12 8 CN-5 CONSTRUCT MANMADE REEF 1 6 EA $600 $3,600 PER DETAIL 05 ON SHEET 11 9 CN-6 CONSTRUCT MANMADE REEF 2 2 EA $1,200 $2,400 PER DETAIL 06 ON SHEET 11 10 CN-7 CONSTRUCT FOUNTAIN PER 1 EA $12,000 $12,000 DETAIL 07 ON SHEET 14 FURNISH AND INSTALL 11 CN-8 WATERFOWL FOOD VENDING 7 EA $1,000 $7,000 MACHINE PER PLAN CONSTRUCT CONCRETE STEPS 12 CN-9 PER PLAN AND DETAIL 32 ON 550 SF $80 $44,000 SHEET 18 P-1 of P-21 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-2681 CENTENNIAL LAKE CIRCULATION RENOVATION Bid Item Description Quantity Unit Unit Amount No. Note No. Price CONSTRUCT OWL BOX PER 13 CN-10 DETAIL 10 ON SHEET 12. INSTALL 5 EA $325 $1,625 OWL BOX IN SELECTED TREES PER CITY ENGINEER FURNISH AND INSTALL PUMP 14 CN-11 VAULT TYPE B WITH EQUIPMENT 1 EA $186,000 $186,000 COMPLETE AS PER SHEET 20 15 CN-12 CONSTRUCT MANMADE REEF 3 25 EA $400 $10,000 PER DETAIL 7 ON SHEET 11 16 CN-13 CONSTRUCT BOAT DOCK PER 1 EA $6,000 $6,000 DETAIL 13 ON SHEET 12 CONSTRUCT COMPACTED DG 17 CN-15 STEPS PER DETAIL 31 ON SHEET 4,500 SF $24 $108,000 18 CONSTRUCT WETLAND PLANTER 18 CN-16 FOR AQUATIC VEGETATION 4,200 SF $30 $126,000 TYPE I PER DETAIL 16 ON SHEET 13 CONSTRUCT WETLAND PLANTER 19 CN-17 FOR AQUATIC VEGETATION 2,000 SF $58 $116,000 TYPE II PER DETAIL 17 ON SHEET 13 FURNISH AND INSTALL 20 CN-18 AERATION POD PER PLAN, AND 21 EA $900 $18,900 DETAIL 18 SHEET ON 14 FURNISH AND INSTALL PUMP 21 CN-19 VAULT TYPE A WITH EQUIPMENT 5 EA $186,000 $930,000 COMPLETE AS PER SHEET 15 FURNISH AND INSTALL 8-INCH 22 CN-20 SCHED 40 PVC PIPE, LENGTH PER 740 LF $70 $51,800 PLAN. FURNISH AND INSTALL PUMP 23 CN-21 VAULT TYPE B WITH EQUIPMENT 1 EA $186,000 $ 186,000 COMPLETE AS PER SHEET 16 FURNISH AND INSTALL 6-INCH 24 CN-22 SCH 40 PVC PIPE, LENGTH PER 2,110 LF $50 $105,500 PLAN. FURNISH AND INSTALL 4-INCH 25 CN-23 SCH 40 PVC PIPE, LENGTH PER 5,100 LF $40 $204,000 PLAN. FURNISH AND INSTALL 2-INCH 26 CN-24 SCH 40 PVC PIPE, LENGTH PER 515 LF $38 $19,570 PLAN. CONSTRUCT AND INSTALL 27 CN-25 SKIMMER BOX AT LAKE EDGE AT 13 EA $2,000 $26,000 GRASS PER PLAN, AND DETAIL 25 ON SHEET 14 P-2 of P-21 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-2681 CENTENNIAL LAKE CIRCULATION RENOVATION Bid Item Description Quantity Unit Unit Amount No. Note No. Price CONSTRUCT AND INSTALL 28 CN-26 SKIMMER BOX AT LAKE EDGE AT 14 EA $2,000 $28,000 WALKWAY PER PLAN, AND DETAIL 26 ON SHEET 14 f FURNISH AND INSTALL 6-INCH 29 CN-27 SLOTTED INTAKE PER DETAILS 4 EA $4,000 $16,000 27A AND 27B ON SHEET 14 FURNISH AND INSTALL 12-INCH 30 CN-28 EQUALIZER LINE PVC PIPE (C-900 320 LF $38,400 DR-25) PER PLAN, AND DETAIL 28 $120 SHEET 18, LENGTH PER PLAN FURNISH AND INSTALL PUMP 31 CN-36 VAULT TYPE B WITH EQUIPMENT I EA $186,000 $186.000 COMPLETE AS PER DETAILS ON SHEET 18 FURNISH AND INSTALL 32 CN-37 WEIGHTED AIRLINE TUBING 2,550 LF $2 $5,100 FROM WALL TO AERATION POD PER PLAN. INSTALL WEIGHTED AIRLINE 33 CN-38 TUBING THROUGH PROPOSED 8 EA $400 $3,200 LAKE EDGE PER PLAN, AND DETAIL 38 ON SHEET 18 CONSTRUCT PIPE WALL 34 CN-39 PENETRATION THROUGH LAKE 42 EA $800 $33,600 EDGE PER PLAN, AND DETAILS 39A & 39B ON SHEET 13 FURNISH AND INSTALL 3"-6" 35 CN-41 RIVER ROCK PER PLAN, AND 40 CY $30 $1,200 TYPICAL SECTION 'R' HEREON. FURNISH AND INSTALL 45-MIL 36 CN-42 EPDM LINER PER PLAN, AND 222 SY $20 $4,440 TYPICAL SECTION'R' HEREON. FURNISH AND INSTALL 1/4-TON 37 CN-43 RIP -RAP PROTECTION PER PLAN, 5 CY $400 $2,000 AND SECTION HEREON. 38 CN-44 CONSTRUCT FISH SPAWNING 31,600 SF $4 $126,400 AREA PER DETAIL 3 ON SHEET 10 CONSTRUCT BIOFILTER PER 39 CN-45 PLAN AND DETAIL 12 ON SHEET 4 EA $60,000 $240,000 23 CONSTRUCT 4" THICK CONCRETE 40 CN-52 PAVEMENT PER PLAN AND 5,100 SF $18 $91,800 COUNTY OF ORANGE OCPW STD PLAN 1.621 P-3 of P-25 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-2681 CENTENNIAL LAKE CIRCULATION RENOVATION Bid Item Description Quantity Unit Unit Amount No. Note No. Price I CONSTRUCT LANDSCAPE 41 CN-53 PLANTER PER DETAIL 30 ON 4,200 SF $10 $42,000 SHEET 18 INSTALL RELOCATED 42 CN-56 BOOKSHARE KIOSK AT 1 EA $800 $800 LOCATION SHOWN FURNISH AND INSTALL PUMP 43 CN-57 VAULT TYPE B WITH EQUIPMENT 2 EA $186,000 $372,000 COMPLETE AS PER SHEET 21 INSTALL 36" BOX AUSTRALIAN 44 CN-58 W.ILLOW (GIJEIRA PARVIFLORA)PER CITY OF 12 EA $2,500 $30,000 SANTA ANA STD PLAN l 124B FURNISH AND INSTALL 12-INCH 45 CN-59 SCHED 40 PVC PIPE, LENGTH PER 51 LF $400 $20,400 PLAN. INSTALL 3/4 INCH SCHEDULE 40 PVC IRRIGATION LINE. TRENCH 46 CN-66 DETAILS PER SHEET 22. ROOT 265 LF $38 $10,070 WATERING BUBBLER AT EACH TREE PER DETAIL 9 ON SHEET 22. REMOVE EXIST PUMP, WIRING, 47 DN-1 VAULT, AND APPURTENANCES. 11 EA $1,000 $11,000 BACKFILL HOLE(S). ABANDON EXISTING LAKE EDGE 48 DN-2 SKIMMER AND BACKFILL WITH 28 EA $800 $22,400 CONCRETE 49 11 EA DN-3 ABANDON EXIST PIPE IN -PLACE. $15,400 CAP/ PLUG CUT ENDS. $1,400 DN-5 REMOVE AND TEMPORARILY EA $280 $560 50 2 STORE BOOKSHARE KIOSK 51 DN-6 RELOCATE PARK BENCH PER 2 EA $600 $1,200 SHEET 3 REMOVE LIGHT STANDARD, 52 DN-7 FOUNDATION, CONDUIT, AND l EA $2,800 $2,800 WIRING. BACKFILL HOLE(S) 53 DN-8 REMOVE WOODEN POSTS AND 222 LF $10 $2,220 STEEL CABLE BARRICADE RELOCATE AND RECONNECT 54 DN-9 EXISTING IRRIGATION PIPES TO 215 LF $14 $3,010 LIMITS SHOWN P-4 of P-25 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-2681 CENTENNIAL LAKE CIRCULATION RENOVATION Bid Item Description Quantity Unit Unit Amount No. Note No. Price RELOCATE TREES AS NEEDED TO 55 DN-10 CONSTRUCT WATER FEATURE 2,700 SF $ 5 $13,500 PER SHEETS 5,6, AND 9 REMOVE EXISTING TREES 56 DN-11 WITHIN LIMITS INCLUDING 12 EA $800 $9,600 ROOTBALL AND TRUNK REMOVE EXIST LAKE EDGE 57 DN-13 WALL PER LIMITS SHOWN ON 600 LF $50 $30,000 PLANS. 58 DN-14 REMOVE AND DISPOSE OF 8" 150 LF $8 $1,200 EQUALIZER LINES. ABANDON INTAKE STRUCTURE 59 DN-15 AND 24" ACP IN PLACE. l EA $8,000 $8,000 BACKFILL WITH CLSM. ABANDON EXISTING ELECTRIC 60 DN-18 FACILITY IN PLACE, DE- 11 EA ENERGIZE TO RENDER $4,000 $44,000 INOPERABLE AND SAFE 61 PROJECT ADVERTISEMENT SIGN 1 1 EA $2,000 $2,000 62 CONSTRUCTION PERMIT LS $30,000 $30,000 63 DEWATERING 1 LS $800,000 $800,000 CN= "Construction Notes" fi•om Plan Set DN= "Demolition Notes" from Plan Set P-5 of P-25 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-2681 CENTENNIAL LAKE CIRCULATION RENOVATION TOTAL SASE BID $ 4,942,135.00 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 "250/6" 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 number J280) working day 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 $2,000.00 per calendar day. Name of Firm CJW Construction, Inc Signature of BIDDER Title _ DanieI Duarte, President Tammy HarveL, Secretary _ (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-6 of P-21 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 18-2681 CENTENNIAL LAKE CIRCULATION RENOVATION 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 "A" 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. Jiij 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. Lifil 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 infornation. 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.: 18-2681 CENTENNIAL LAKE CIRCULATION RENOVATION 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. jyjjj 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. fyija 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.: 18-2681 CENTENNIAL LAKE CIRCULATION RENOVATION 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. fiij 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. 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.: 18-2681 CENTENNIAL LAKE CIRCULATION RENOVATION 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). Li. 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. CiiiI 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.: 18-2681 CENTENNIAL LAKE CIRCULATION RENOVATION 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 H to Part 200 (J) — §200.323 Procurement of Recovered Materials: Q 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. 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, littps://www.epa. gov/smm/coniprehensive-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.: 18-2681 CENTENNIAL LAKE CIRCULATION RENOVATION Q 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). W 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. (33,) 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: (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. (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.: 18-2681 CENTENNIAL LAKE CIRCULATION RENOVATION 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: W Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, pursuant to which the award terns 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 Govemmentwide 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) Govemmentwide Requirements for Drug -Free Workplace, 31 C.F.R. Part 20. vi New Restrictions on Lobbying, 31 C.F.R. Part 21. f.yW 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. dil 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.: 18-2681 CENTENNIAL LAKE CIRCULATION RENOVATION fifil 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. Uv) 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; Q An Inspector General; The Government Accountability Office; 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.: 18-2681 CENTENNIAL LAKE CIRCULATION RENOVATION (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: Qi) 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 littp://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.: 18-2681 CENTENNIAL LAKE CIRCULATION RENOVATION 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 fr•orn 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.frnancial 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 a part of this contract (or agreement). vi CONTRACTOR understands and agrees that if any real properly 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 5 COST ANALYSIS CONSTRUCTION OF THE PROJECT NO. 18-2681: CENNTENNIAL LAKE CIRCULATION RENOVATION Construction Contract $ 4,942,135.00 Contract Administration, Inspection and Testing $ 742,000.00 Contingencies $ 495,000.00 TOTAL ESTIMATED CONSTRUCTION COSTS $ 6,179,135.00 100MI121 FIRST AMENDMENT TO AGREEMENT WITH J. SMITH & T. MULI. INC.. TO PROVIDE LAKE ENGINEERING SERVICES THIS FIRST AMENDMENT to the above -referenced agreement is entered into on April 18, 2023, by and between J. Smith & T. Muli, Inc., a California corporation ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The parties entered into Agreement No. N-2022-159 ("Agreement") dated May 20, 2022, to retain a qualified consultant to provide lake engineering services for the Centennial Park Lake Renovation Project. B. The Agreement is in full force and effect through December 31, 2023. C. The parties now wish to amend the Agreement to increase the compensation under the Agreement. The Parties therefore agree: 1. Section 2.a., Compensation, is hereby amended to increase the total amount to be expended under the term of the Agreement by $11,500.00. The total not -to -exceed amount of the Agreement shall be $61,391.00. 2. Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. Jennifer L. Hall City Clerk APPROVED AS TO FORM SONIA R. CARVALHO, City Attorney By: Bran n Salvatierra Deputy City Attorney RECOMMENDED FOR APPROVAL Nabil Saba Executive Director Public Works Agency Kristine Ridge City Manager CONSULTANT . imith, PE li4dent Page 1 of 1