CITY OF SANTA ANA
CONSTRUCTION CONTRACT
PROJECT 22.1342
IOI'1 STREET AND FLOWER STREET IMPROVEMENTS
This CONSTRUCTION CONTRACT is rnade and entered into this l5th day of October, 2024 by and, between the City of Santa Ana, California, a charter city and municipal corporation organizecl and existing under the Constitution and laws of the State of California (herernafter "CITY"), and Viclo Samarzich, lnc, (h ereinafter " C ONTRACTOR").
WITNESSETH:
The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows:
1. CONTRACTOR agrees to perfbrm all the work and furnish all the matenals at its own cost and expense necessaly to construct and complete in a good and workmanlike manner and to the satisfaction ofthe City Engineer of the CITY, the 10tl' Street and Flower Street Improvements Project (hereinafter referred to as the "WORK OF IMPROVEMENT") identified in arid in accordance wrth 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 Standarcl Specifications for Public Works Construction and which include the following:
o Notice Inviting Bids
o lnformation to Bidders
o Bid Proposal
o Bid Bond
o Contract Form
o Contract Bonds
. General Provisions
. Special Provisions
. Technical Provisions and Project Plans
o Community Workforce Agreement
' Appendices
ln 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 con,plete the WORK OF IMPROVEMENT the sum total amount not to exceed One Million Four Hundred Seventy-Six Thousand Seven Hundred Nineteen Dollars and No Cents ($ 1,476,779.00), as set forlh and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "B".
The BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate quantities ottly, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to rncrease 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.
rtr'. 08/01 202.1 Page I of 14
7 8
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 "8") inclucling commencing construction within the trmefiarne therein specified after issuance of a Notice to Proceed.
The CONTRACTOR will pay, and wrll 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.
If applicable, the CONTRACTOR shall adhere to the CfTY'S Community Workfbrce Agreement (CWA), a pre-hire collective bargaining agreement, which establislies the labor relations pohcies and procedures for CONTRACTOR to follow irr the crafts persons employed to complete the WORK OF IMPROVEMENT as more fully described in the CWA. The CWA may be fbund on the City's website at. santa-an a. orr/documents/comm un i t-v -workforce-ar:reemen t 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 pnce, to guarantee the faithful performance of'the work (Perfbrmance Bond), and one in the amount of One Hrurdred Percent (lOO%) of the Contract price to guarantee payment of all claims fbr labor and materials furnished (Payment Bond). This Contract shall not become eff'ective until such bonds are suppliecl to and approved by the CITY.
CONTRACTOR shall, prior to the release of the perforrnance and payment bonds or the retention payment, fumish a warranty petformance and payment bond (Warranty Bond). Saicl Warranty Bond shall also be required as a condition of project acceptance. For projects up to Five Hurdred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of Ten Thousancl Dollars ($ I 0,000) or Twenty Percettt (20%) of the final contract price. For projects above Five Hunclrecl Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of One Hmdred Thousand Dollars ($100,000) or Ten Percent ( l0%) of the final contract price.
CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability lnsurance and Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY.
INDEMNIFICATION
To the fullest extent allowed by law, CONTRACTOR and its Subcontractors hereby agree to clefend, indemnify, and hold harmless CITY, its City Council, boards and commissions, ofTicers, agents, employees, representatives and volunteers (hereinafter collectively referred to as "lndemnitees"), 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 f}om, or in any nlarlner relating to, any of the following:
Perforntance or nonperformance of the Work of lmprovement by CONTRACTOR or its Subcontractors of any lower tier;
Performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of any of the obligations under the Contract Documents; o
t0.
(i)
( ii)
(iii) The construction activities of CONTRACTOR or its Subcontractors of any lower tier, either on the proJect site or on other properlres,
(iv) The payment or nonpayment by CONTRACTOR of any of its Subcontractors of any lower tier, fbr work of Improvement perfbrmed on or off the project site; and (u) 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 indernnity 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 lndemnitee.
I I. FEDERAL PROVISIONS.
Funds from the Coronavirus State Fiscal Recovery Fund and/or the Coronavirus Local Fiscal Recovery Fund, together known as the Coronavirus State and Local Fiscal Recovery Funds ("CSLFRF") program, will be used to fund all or a portion of this Construction Contract. CONTRACTOR shall comply wrth all applicable f'ederal requirements including, but not limited to, the fbllowilg, all of which are expressly incorporated herein by ref'erence:
a. Sections 602 and603 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 Cornpliance and Reporting Guidance for the Act; d. 2 C.F.R Part 200 - Uniform Admrnistrative Requirements, Cost Principles, ancl Audit Requirernents fbr Federal Awards, other than such provisions as the U.S. Department of the Treasury may determine are inapplicable to the CSLFRF program and subject to such exceptions as may be otherwise provided by the U.S. Deparlment of the Treasury; e. Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions; and f. Federal contract provisions attached hereto as Exhibit "A" and incorporated herein by reference.
Subcontracts, if ary, shall contain a provision making them subject to all of'the provisions stipulated in tis 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.
IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written.
CITY OF SANTA ANA
JENNIFER L I{AI-L
City Clerk
APPROVID AS TO FORI\,I:
SONIA R CARVAt,HO
City Attorney
REC--OMMENDED FOR APPRO\ZAL:
NABIL SABA, PE
Executive Director
Public Works Agency
ALVARO NUNEZ
City Manager
CONTRA(]T'OR:
Vido Sanrarzich. Inc
Assi stant City Attorney
Page4ofl4
ATTEST:
L. Samarzich
Nabil Saba
Digitally signed by Nabil
Saba
Date: 2024.09.30 09:52:44
-07'00'
BXHIBIT A
FEDERAL CONTRACT PROVISIONS
During the perfbrmance of this Construction Contract, CONTRACTOR shall comply with all applicable federal laws and regulations including, but not limited to, the federal contract prouiriorr in this fxhibit.,A,.
I. REQT'IRED CONTRACT PROVTSIONS IN ACCORDANCE WITH APPENDIX II TO PART 2OO - CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS (2 C.F.R. S 200.327)
(a) Appendix I[ to Part 200 (A): Appendix II to Part 200 (B): Rernedies for Breach:
Termination for Cause/Convenience. The Contract Documents include rernedies for breach and termination for cause and convenience.
(b) Appendix I to Part 200 (C) - Equal Employment Opportunitv: During the perfbrmance of this Constructron Contract, CONIRACTOR agrees as follows:
(i) The CONTRACTOR will not discriminate against any employee or applicant fbr employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin.
The CONTRACTOR will take affinnative action to ensure that applicants are employed, ancl ihat employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall rnclude, but not be limrted to the following: Employment, upgrading, demotion, or transfer, recruitrnent or recruitment advertising; layoff or termination; rates of pay or other forms of compensation. and selection for trainirrg, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places, available to eniploye.r ond applicants for employment, notices to be provided setting fortl-r the provisions of this nondiscrimination clause.
(ii) The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of the CONTRACTOR, state that all qualified appLcants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(iii) The CONTRACTOR wrll not discharge or in any other manner discriminate against any employee or applicant fbr 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 cornpensation information of other employees or applicants as a part of such employee's essentraljob functions cliscloses the compensation of such other employees or applicants to indivrduals 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 fumish infbrmation. (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 understa:rdir-rg, a notice to be provrded advising the said labor union or workers' representatives of the CONTRACTOR's commitments
under this section, and shall post copies of the notrce in conspicuous places available to employees and applicants for employment.
(v) The CONTRACTOR will comply with all provisions of Executrve Older LlZ46 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (ri) The CONTRACTOR wrll furnish all information and reports requireclby Executive Order 11246 of September24,l965, and by rules, regulations, and ordels of the Secretary of Lubor, o, 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 compfiance with suih iulei regulations, and orders.
(vii) In the event of the CONTRACTOR's noncompliance wrth the nondiscrimination clauses of this Construction Contract or with any of'the said rules, regulations, or orclers, this Constructron Contract may be canceled, terminated, or suspended in whole or in part and the CONTRACTOR rnay be declared ineligible for further Govemment contracts or feclerally assistecl construction contraci in accordance with procedures authorized in Executive Order I t246 of Septemb er 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order I1246 of September 24, 1965, or by rule, regulation, or order of'the Secretary of Labor, or as otherwise providecl by law. (viii) The CONTRACTOR will include the portion of the sentence immediately preceding paragraph (i) and the provisions ofparagraphs (i) through (vii) in every subcontract or purchasl order unless exernpted by rules, regulations, or orders ofthe Secretary ofLabor 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 mearls of enforcing such provisions, including sanctions for noncompl iance:
Provided, however, that rn 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 aclministering agency, the CONTRACTOR may request the United States to enter into such litrgation 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 assistecl construction work: 1)rol ictect, That if the CITY so participating is a State or local govemment, the above equal opporlunity clause is not applicable to any agency, instrumentality or subdivision of such government which cloes not participate rn work on or under the Construction Contract.
The CITY agrees that it will assist and cooperate actively with the adrninistenng agency anclthe Secretary of Labor in obtaining the compliance of the CONTRACTOR and subcontractors with the equal opporlunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will fumish the administering agency and the Secretary of Labor such information as they niay require for the supervision of such compliance, and that it will otherwise assist the adrninistering agency in the clischarge of the agency's prin-rary responsibility for securing compliance.
The CITY f'urther agrees that it will refrain fiorn entering into any contract or contract modification subject to Executive Order 112.46 of September 24, 1965, with a contractor debarred from, or who has not
demonstrated eligibility for, Government contracts and feclerally assistecl construction coltracts pursuant to the Executive Order and wrll 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 adclition, the CttV agrees that if it fails or refuses to comply with these underlakings, the adrninistering agency nTay take any or all of the following actions: cancel, terminate, or suspend in whole or in part the giant (contiact, loan, insurance, guarantee) for this project; refrain frorn extending any furlher assistance to the applicant under the program with respect to which the failure or refuncl occurred until satrsfactorv 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 Il to Part 200 (D) * Davrs-Bacon Act: Not applicable to this Constructron Contract srnce it is funded by CSLFRF
(d) Appendix lI to Part 200 (D) - Copeland "Antti-Kickback" Act: Not applicable to this Construction Contract srnce it is funded by CSLFRF
(e) Aopendix II to Part 200 (E) - Contract Work Hours and Safetlr Stanclards Act:
(i) Overtime Requirernents. No contractor or subcontractor contracting fbr any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permrt any such Iaborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forry hours in such workweek unless such laborer or mechanic receives cornpensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
(ii) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (ii) of this section the CONTRACTOR and any subcontractor responsible therefor shall be liable for the unpaid wages. ln adclition, such contractor and subcontractor shall be Iiable 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), fbr liquidated damages. Such liquiclated dantages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (ii) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (ii) of this section.
(iii) Withholding for unpaid wages and liquidated damages. The CITY shall upon its own action or upon written request of an authorized representative of the Department of Labor wrthhold or cause to be withheld, from any moneys payable on account of work perfonned 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 CONTRACTOR or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (iii) of this section.
(iv) Sttbcotttracts. The CON"| RACTOR or subcontractor shalt insert in any subcontracts the clauses setforth in paragraph (ii; throLrgh 1v)of this Section and also a clause recllirilg the subcontractors to include these clauses in any lower tier subcontracts. The CONTRAC-I'OR shall be responsible fbr corrtpliartce by any subcorttractor or lorver trer sLrbcontractor with the clauses set lbrth rn paragraphs (ii) throLrgh (v) of this Section
(0
Not applicable to this ConstrLrction Contract.
(g) Appendix II to Part 200 (G) - Clean Air Act and Fecleral Water Pollution Control Act:
(i) Pursuant to the Clean Air Act, (l) CONTRACTOR agrees to comply wrth all applicable standards, orders or regulatrons issued pursuant to the Clean Air Act, as arnended, +i U S.C. g 7401 et seq., (2) CONTRACTOR agrees to report each violation to the CITY and unclerstands and agrees that the CITY will, in turn, repoft each violation as requirecl to assure notification to the Fecleral awaiding 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 wrth all applicable standards, orders or regulations issued pursuant to the Fecleral Water Pollution Control Act, as amended,33 U.S.C. l25l et seq., (2) CONTRACTOR agrees to report each violation to the CITY and understands and agrees that the CITY wrll, in tum, repoft 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 $ I 50,000.
(h) Apoendix I[ to Part 200 (H) - Debarment and Suspension:
(l) This Construction Contractis acoveredtransaction fbrpurposesof 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such CONTRACTOR is required to verify tliat none of the CONTRACTOR, its principals (defined at 2 C.F.R. $ 180 995), or its affiliates (defined at 2 C.F.R. $ I 80 905) are excluded (defined at 2 C,F R $ 180 940) or disqualified (defined at 2 C.F.R $ 1 80 93 5) (ii) CONTRACTOR must comply with 2 C.F.R pt. 180, subpart C ancl 2 C.F R. pt. 3000, subpart C and must include a requirement to comply wrth these regulations in any lower tier covered transaction it enters into.
(iii) This certification is a material representation of fact relied upon by CITY. lf it is later determined that CONTRACTOR did not comply with 2 C.F.R. pt. 180, subparl C ancl 2 C.F.R. pt. 3000, subpart C, in addrtion to remedies available to the CITY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (iu) CONTRACTOR warrants that it is not debarred, suspended, or otherwrse excluded from or ineligible for participation in any federal programs. CONTRACTOR also agrees to verify that all subcontractors perfbrming work under this Constructton Contract are not debarred, disqualifiecl, or otherwise prohibited frorn participation in accordance with the requirements above. CONTRACTOR further agrees to notifii the CITY in writing immedrately if CONTRACTOR or rts subcontractors are not in compliance during the term of this Construction Contract.
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(i) Appendix II to Part 200 (l) * Byrd Anti-Lobbying Act: CONTRACTORS that apply or bid for an award exceeding $100,000 must file the required certifrcation. Each tier cerlifies to ilie-tier above that it will not and has not used Federal appropriated funcls to pay any person or organization fbr influencing or atternpting to infiuence an ofticer 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 obtarning any Federal contract, grant or any other award covered by 3 t U.S.C . 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection wrth obtaining any Federal award.
Such disclosures are forwarded from tier to tier up to the recipient wlio in turn will forwarcl the ceftification(s) to the awarding agency. CONTRACTOR must sign and subrnit to the CITY the certification regarding lobbying attached hereto as Attachment "l" and incorporated herern by this ref'erence.
(,) Apoendix II to Part 200 (J) - $200.323 Procurement of Recovered Materials:
(i) CONTRACTOR shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservatron and Recovery Act. The requirements of Section 6002 include procuring only iterns destgnated 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 Ievel of competition, where the purchase price of the item exceecls $l 0,000 or the value of the quantity acquired during the preceding fiscal yeai exceedecl $10,000; procunng solid waste management services in a manner that maximizes energy ard resource recovery; and establishing an affirmative procurement.
(ii) In the performance of this Construction Contract, the CONTRACTOR shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired: competitively wrthin a timefiame providing fbr compliance with the contract performance schedule; rneeting contract performance requirements; or at a reasonable price. (iii) lttfomtation abor"rt this recluirenrent, along with the list of EPA-designate iterls, is available at EPA's Comprehensive Procurernent GuideLnes web site, https.//www.epa gov/smm/comprehensive-procurernent-gurdeline-cpg-plogranl (ir) The CONTRACTOR also agrees to comply with all other applicable requirements of Section 6002 of the Sohd Waste Disposal Act."
(k) Appendix [[ to Part 200 (K) - {200.216 Prohibition on Certain Telecommunications and Video Surverllance Services or Equipment:
(i) CONTRACTOR shall not contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecornnrturications equipnrent or services as a substantial or essential component of any system, or as critical technology as part of any system f'unded under this Construction Contract. As described in Public Law ll5-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies company or zrE corporation (or any subsidiary or affilrate of such entities). (l) For the purpose of public saf'ety, security of govemr-nent facilities, physrcal security surveillance of critical infiastructure, and other national security purposes, video surveillance ancl telecommunications equiprlent produced by Hytera Communications Corporatron, Hangzhou Hikvision
Digital Technology Company, or Dahua Technology Company (or any subsidiary or affrliate of such entities).
(2) Telecommunications or video surveillance services provided by such entities or using such equipment.
(3) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation wrth 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 govemment of a covered foreign country. (ii) See Public Law I 15-232, section 889 for additional information. (l) Appendix II to Par1200 (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 rncluclecl in all subcontracts.
(ii) For purposes of this sectiorr:
(l) "Produced in the United States" means, fbr iron and steel proclucts, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.
(2) "Manufactured products" mearls items and constructron materials composed in whole or in part of nonf'errous 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 wrth section 603(c) of the Act, Treasury's regulations implementing that section, and guidance issued by Treasury regarding the foregoing.
CONTRACTOR agrees to provide the CITY, Treasury Office of Inspector General and the Govemment Accountability Of'fice, or any of their authorized representatives access to any books, documents, papers, and records (electronic an otherwise) of the CONTRACTOR which are clirectly perlinent 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) Comoliance with Federal Requlations. 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 regardrng the foregoing. CONTRACTOR also agrees to comply with all other applicable federal statutes, regulations, and executive orders, inclucling, without limitafion, the following:
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(i) Universal Identifier and Systen-r for Award Management (SAM), 2 C.F.R. Pafi25, pursuant to which the award term set forth in Appendrx A to 2 C.F. R Part 25 is hereby incorporated by reference.
(ii) Reporting Subaward and Executive Compensation Information, 2 C.F.R. Par-t 170, pursuant to which the award term set forth in Appendix Ato 2 C.F.R. Part 170 is hereby incorporated by reference.
(iii) OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in Jl lower tier covered transactions (contracts and subcontracts described in 2 C.F R Parl tB0, subpart B) that the award is subject to 2 C.F.R. Part I80 and Treasury's implementing regulation at 3l C.F R. Part 19. (ir) Recipient Integrity and Perfbnnance Matters, pursuant to which the awarcl tetm set fbrth in 2 C.F.R. Part 200, Appendix Xll to Par1200 is hereby incorporated by ref'erence. (v) Govemmentwide Requirements for Drug-Free Workplace, 3l C.F.R. Paft2O. (vi) New Restrictions on Lobbying, 3l C.F.R. partZl.
(vii) Uniform Relocation Assistance and Real Property Acquisitions Act of I}TO (42 U.S.C. $$ 4601-4655) and implementing regulations.
(c) Compliance with Federal Statutes and Reeulations Prohibiting Discrirnination.
CONIRACTOR agrees to comply with statutes and regulations prohibiting discriminatron applicable to the CSLFRF program including, without limitation, the following:
(i) Title Vl of the Civil Rights Act of 1964 (42 U. S.C. $$ 2000d et seq. ) and Treasury's implementing regulations at 31 C.F.R. Part 22, which prohibit discrirnination on the basis of'race, col,or, or national origin under programs or activities receiving federal financial assistance. (ii) The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U S.C. $g 3601 et seq.), which prohibits discriminafion in housing on the basis of race, color, religion, nationai origin, sex, familial status, or disability.
(iii) Section 504 ofthe Rehabilitation Act of 1973,as amended (29 U.S.C. g 794), which prohibits discrimination on the basis of disability under any program or activity receivrng federal financial assistance.
(iu) The Age Discrimination Act of 1975, as amended (42 U.S.C. $$ 6l0l et seq.), and Treasury's rmplementing regulations at 3l C.F.R. Part23, which prohibit cliscrimrnation on the basis of age in programs or activities receiving federal financial assistance. (v) Title Il of the Amencans with Disabilities Act of 1990, as amended (42 U.S.C. $$ l2l0l et seq.), which prohibits discrimination on the basis of disability underprograms, activities, and services provided or made available by state and local govemments or instrumentalities or agencies thereto.
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(d) False Statements. CONTRACTOR understands that making false statements or claims in connection with the CSLFRF program is a violation of federal law ancl rnay result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, clebarment fiom participating in f'ederal awards or contracts, and/or any other remedy available by law. (e) ProtectionsforWhistleblowers.
(i) ln accordance with 4l U.S.C. * 4712, CONTRACTOR may not discharge, demote, or otherwrse discriminate against an employee in repnsal fbr disclosing to any of the list of"persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagementof afederal contractorgrant, agross wasteof federalfuncls, an abuseof authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation o1 law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant.
(ii)
following:
The list of persons and entities referenced in the paragraph above includes the A member of Congress or a representative of a committee of Congress, An Inspector General;
The Govemment Accountability OfIi ce;
A Treasury employee responsible for contract or grant oversight or An authorized of'ficial of the Deparlment of Justice or other law enforcement agency;
(6) A court or grand jury; or
(7) A management official or other employee of CONTRACTOR, or a subcontractor who has the responsibility to investigate, discover, or address misconduct. (0 Increasing Seat Belt Use in the United States. Pursuant to Executive Order l3A$,62 FR 19217 (Apr. 18,1997), CONTRACTOR is encouraged to adopt and enfbrce on-the-job seat belt policies and programs for their employees when operating conrpany-or.vned, rented or personally owned vehicles, and encourage its subcontractors to do the same
(g) Reducing Text Messaging While Drrving. 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 Reouirements. The Civil Rights Restoration Act of 1987 provides that the provisions of this assurance apply to the Project, ir.rcluding, but not limited to, the following:
(r )
(2)
(3)
managenrerlt,
(1)
(5)
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(i) CONTRACTOR ensures its current and future compliance wrth Title VI of the Civil Rrghts Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to drscrimiriation under prcgrams and activities receiving f'ederal 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 Departrnent of the Treasury Title VI regulations at 3 I CFR Pat122 and other pertinent executive orders such as Executive Order 13166; directives, circulars, policies; memoranda and/or guidance documents.
(ii) CONTRACTOR acknowledges that Executive Order I 3 166, "lmproving Access to Services for Persons with Limited English Proficiency (LEP)," seeks to rmprove aicess to f'ederally assisted programS and activities for individuals who, because of national origin, are limrted in their Englisir proficiency. CONTRACTOR understands that the denial of access to persons to its progrurn., se,ri.., and activities because of their limited proficiency in English is a form of national origin discrimination prohibrted underTitle Vl 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 prograrns, services and activities to LEP persons. CONTRACTOR u'lderstands 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 fbr language services fbr LEP persons during development of applicable budgets and when conducting plogratns, services ancl activities. As a resource, the Depar-tment of the Treasury has published its LEP guidance at 70 FR 6067. For more information on LEP, please visit http:/iwww.lep.gov.
(iv) CONTRACTOR acknowledges ard agrees that compliance wrth this assurance constitutes a condition of continued receipt of' f'ederal 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, tra:rsferees an d assi gn ees :
'l'he vthcttnttactor. successor, trans.feree antl assignee shall conrplyy,ith |'itla t'I of the Cit'il tlights Act of 1964, tvhich prohibits recipients of .federal./inancial assistance./i'om exchrding.from a ptogram or actil,it)), c{enying beneJits tf,' ctr othentise cliscrintinaling against a person on lhe basis of'race, color, or national origin (12 U.S.C. I 2000d et secl.), as im|tlementecl ltlt Dapst.tment o/'the Ti"easurlt 'l,itle L,l regulation,s, 31 (:I;'R l'}art 22, u,hich are hercin incorporoted b1; re.farence and macle d part of thi,s contract (tr agreentent).'I'itle L'l also exlends lnrttectictn to persons n,ith "l,ittritett lingtish proficiencl;" in an); progranl or aclittit); receiting.fetleral.financial assistance, 12 U..\1(-l $ 2000c{ et seq., cts irnplemented by Department of the'lreaurry'litle L'l regulations, 3t CI:R Part 22, v,hich are herein incotporated by, re./brence and made a part oJ this contract (or agreement). ("i) CONTRACTOR understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Departrnent 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 strlrcture 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 propefty is provided, this assurance obligates the CONTRACTOR for the periocl cluring which it retains ownership or possession of the property.
(vii) CONTRACTOR shall cooperate in any enforcement or compliance review activrties by the Department of the Treasury of the aforementioned obligations. Elforcemerlt nray include investigation, arbitration, rnediation, litigation, and monitoring of any settlement agreements ihat may result from these actions. CONTRACTOR shall comply with information requests, on-site compliance reviews, and reporttng requirements.
(viii) CONTRACTOR shall maintain a complaint log ancl infornr the Department of the Treasury of any accusations of discrimirration 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,irnplementing iegulations and provide, upon request, a list of all such reviews or proceedings based on the cornplaint, pending or completed, including outcome. CONTRACTOR rnust 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 effbrts to address the non-compliance, inciudirrg any voluntary compliance or other agreements between the CONTRACTOR and the adrninistrative 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 cour-t or administrative agency finding of discrimination, please so state. (^) lf CONTRACTOR makes sub-awards to other agencies or other entities, CONTRACTOR is responsible fbr assuring that sub-recipients also con'rply with Title VI ancl all of the applicable authorities covered in this assurance.
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EXFIIBIT B
REQTIIREMEN'I:
The undersigned bidder declares that they have carefull), examined the location of tl,re proposecl Yo''!, that they have examined the Contract f)ocumenis in its entirety ancl hereby proposes to furnish ail materiai and do all the work requirerl to complete the saicl work in accorclan"e v,ith saiclplans. (iflany) ancl the specifications for the urnit price(s) or hulp sr"un(s) ser forth in ttre fbllowingschedule:
CITY OF SANTA ANA
PROPOSAT
PROJECT NO.:22-i342
IOTH STREET & FLOWER STREET ]MPROVL]MENTS
BID PROPOSAL
TO: CITY COUNCIL OF THE, CiTY oF SANTA ANA
FROIvI: Vido Samarzioh, lnc.
Item Dcscription Qt:y Unit Unit Price Amount
I Unc lass ifiecl Excavation {, 284 CY $ zso.oo $ 7t,ooo.oo 2 Asphalt Concrete 105 TN $:oo.oo $ 31,soo oo
3 Asphalt Rubber FIot Mix (ARHM) 20 TN $+oo.oo $ a,ooo.oo 4 PCC Street Rernoval 420 CY $ tzs.oo $ sz,soo.oo
5 PCC Pavement (T=8") with (3-day)
Cure atrd Dowels 2t0 CY $ r roo.oo $ zsr,ooo.oo
6 PCC Sidewalk (T:4") 3,255 SF $ to.oo $ sz,oso.oo
7 PCC Curb Rarnp 840 SF $so.oo $ 2s,20o.oo
8 PCC Curb and Gutter (Type A-2-6) 420 Li? $ zo.oo $ zg,4oo.oo 9 PCC Ctub ancl Gutter ('lyre A-2-S) 315 LF $ zo.oo $zz,oso.oo 10 Driveway Approach (T=8 ") 1,15s SF $ eo.oo $sq,oso.oo l1 Remove Parlcing Meter' l0 EA $ zoo.oo $z,ooo.oo
12 Metal Bollard 2 EA $a,soo.oo $z,ooo.oo
13 Parkway Culvert (L:4') 2 EA $ to,ooo.oo $zo,ooo.oo
t4 Trnncated Donres 2 SF $ roo.oo $zoo,oo
P-l otP-24
clry oF sANrA ANA -*.'-1!i,li'lili'li.H*
PROPOSAL
PROJECTNO.: 22-1342
IOTI] STREET & FLowER STREET IMPRoVEMENTS
Item Description Qt" [.lnit Ljnit Price r\ nto u nt
15 Tree Renroval (; EA $i r,ooo.oo $o,ooo.oo
16 Adjust Water Valvc Frame anil
Covel 6 EA xi r,ooo.oo $ o,ooo.oo
t7 Adjust Water Vault to Finished
Grade
I EA $ z,soo.oo S z,soo.oo
l8 Abanilon Existing Water Sen,ice 3 Ir\ $ z,soo,oo $ z,soo.oo l9 Adjust /16 Pullbox to Finished
( irade
aJ L-A $ r ,ooo.oo $ s,ooo.oo
20 Sidewalk PVC Drain -5 I '.,/\ $ r,soo.oo $ z,soo.oo
21 Gravel Srvale I I('I _. t $ oz,soo.oo $ oz,soo.oo
22 Irri gationlLandscapc IVI ocl ill eat j ttns I L-S $ r s.ooo.oo $ rs,ooo.oo 23 Soil tlackflll* 320 C]Y $ zs.oo $ za,ooo.oo
24 Pedestrian I lybrid Beacon
Installation at Flower St and l0tl, St
I I-S $ r,o.soo.oo $ zso,soo.oo
25 InstalI Video Detection S),stem I L t-\ $ +o,soo.oo $ +o,soo.oo 26 Install 2" PVC Conduit 15 Lt"
$ ez.oo ti o,szs.oo
27 Install 3" PVC Conduit* [.[-; li sa.oo $ zs+,aoo.oo
28 Install 4" PVC Clonduitx 300 I,F $ t zs.oo $ sr,goo.oo 29 SCE Pull Box i EA $ z,s:o.oo $ z,seo.oo
30 No. ,5 Pull Box I I-.u\ $2, r so.oo $ z,rso.oo
31 No.6 Pull Box J_1\ $z,sso.oo $ :z,ago.oo
32 No. (rtr PLrll llox 5 EA $:.ooo.oo $ r s,ooo.oo
J-) lnstall I2 Strand SIVIFO Clable L,F $ +.oo $ r,zoo.oo .14 Install c)6 Strnnd SMFO Cablei' 3 200 1,. l" $ s.+o $ rz,zao.oo P-2 of P-24
Item Desctilttion Qty Unit Unit Price Amount
35 Fusion Splice Strands of SMFO 96 EA $ o+.oo $ 6,1+4.00 36 Fiber Optic Splice Enclosnle 2 EA $ 1 ,ot o,oo $3,220.00 37 CCTV and IP Courmunication
System I LS $ ae, too,oo $+a roo.oo
38 Pothole Pole Locations for Utility
Conflicts* 4 EA $ z, r so.oo $ a,szo.oo
39 Signing and Striping I LS $zo,ooo.oo $ zo,ooo.oo
4A Constrnction Penlit 1 LS $ 7,400.00 $ 7,400.00
41 Project Sign I EA $ 2,soo,oo $ z,noo.oo
CITY OF SANTA ANA
PROPOSAL
PROJECT'NO.:22-1342
IOTH STREDT & FLOWER STREE'I'IMPROVEMENTS
P-3 of P-24
CITY OF SAN'TA ANA
PROPOSAL
PROJECTNO:22-l342
IO.IH STREET & FLOWER STREET I\4PROVEIVIENTS
The lowest responsible bidder shall be selectecl baseri on rhe rotal base bicl. 'fhe City reserves theright to award the Base Bid, ancl any, all, ol rlone oi'the aclcl-alte.rnate bicl itenrs (ii apy). * T!e. quantity fbr this bid itenr is shown ror tricr conrpar.ison onrr,. 1-1,,1, bicr itenr srrarr rror besubject to the "25%" Iimit as statecl in Sectiorr 7-3.5 oi'the Stanclaicl Speciticatiors. ].[re acrtralanlount forthis item will be dictatecl by the actlal qualtity rrsecl. alci the Agr_"pc1r reser.i,es theright to i,crease or decrease the qua*tiiy or. this iteur accoicli,gry. t This bid itern is consiclerecl a Specialty Itenr per Section .t-2 ol.the Starrclard Specrfications.
The undersigned bidder hereby llroposes to cornplete tl'le Worh for the total base bicl a.r.unt shorvrrabove, within Sixty (,60) woiliing rlavs after ilre cour.nencerlrenl clate statecl in rhe Notice toProceed.
The liquidated datnages atttourlt, in lieu of the anrount specifiecl in Stibsection 6-9 o1, tlre StnnclarclSpecifications. shall be $3,770 per calenclaL tlay.
Narne of Firni
Signatule of'BIDDER
Title President
TOTAI, I]ASIi I}II) $, t ,+zo,zt g.oo
(lf an rnd
:H*l1,ll|l-!,u]r,rltlcomposing the Iirlr. tt a .o,1ru,arrn. r,u* teral nanre ot corpor.atiol,and names of Presiderrt, secrctary. Treusure, arrct Manager, thereof.) Corporation: Viclo Samarziclr, I rrc
President: Vido Sanrarzicli
Vice President: Viclo L. Sanrarrzich
Secretary: Monrka Sarnarz-icli
P-4 ol'P-2-l