Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
AMG & ASSOCIATES, INC. (MEMORIAL PARK AQUATICS CENTER)
INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES CITY OF SANTA ANA OVo1 CONSTRUCTION CONTRACT CITY CLERK DATE: NOV 1 9 2024 PROJECT 22-1415 MEMORIAL PARK AQUATICS CENTER This CONSTRUCTION CONTRACT is made and entered into this 15th day of October, 2024 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 AMG &Associates, Inc., a California corporation(hereinafter"CONTRACTOR"). o: PwA(2) Glerardt, Pad\Ia(K-0 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 Memorial Park Aquatics Center 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 Twenty Six Million Three Hundred Twenty Six Thousand Five Hundred Forty Eight Dollars and No Cents($26,326,548.00),as set forth and identified in the BID PROPOSAL,which is attached hereto and incorporated herein as Exhibit"B." The BID PROPOSAL contains a schedule of unit 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 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 "B") including commencing construction within the timeframe therein specified after issuance of a Notice to Proceed. 5. The CONTRACTOR will pay,and will require all subcontractors to pay, all employees on the WORK OF IMPROVEMENT a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law. 6. If applicable, the CONTRACTOR shall adhere to the CITY'S Community Workforce Agreement (CWA), a pre-hire collective bargaining agreement,which establishes the labor relations policies and procedures for CONTRACTOR to follow in the crafts persons employed to complete the WORK OF IMPROVEMENT as more fully described in the CWA. The CWA may be found on the City's website at: http://www.santa-ana.org/pwa/documents/CWA.pdf 7. CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY, one in the amount of One Hundred Percent (100%) of the Contract price, to guarantee the faithful performance of the work(Performance Bond),and one in the amount of One Hundred Percent(100%) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY. 8. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond shall also be required as a condition of project acceptance. For projects up to Five Hundred Thousand Dollars($500,000),the Warranty Bond amount shall be the greater of Ten Thousand Dollars($10,000) or Twenty Percent (20%) of the final contract price. For projects above Five Hundred Thousand Dollars($500,000),the Warranty Bond amount shall be the greater of One Hundred Thousand Dollars ($100,000)or Ten Percent(10%) of the final contract price. 9. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker's Compensation Insurance as outlined in the General Provisions,to be approved by the CITY. 10. INDEMNIFICATION. To the fullest extent allowed by law, CONTRACTOR and its Subcontractors hereby agree to defend, indemnify, and hold harmless CITY, its City Council, boards and commissions, officers, agents, employees, representatives and volunteers (hereinafter collectively referred to as "Indemnitees"), through legal counsel acceptable to CITY, from and against any liability, claims, actions, costs, damages or losses, including reasonable costs and attorney's fees, for injury, including death to any person or damage to any property, arising directly or indirectly from,or in any manner relating to,any of the following: (i) Performance or nonperformance of the Work of Improvement by CONTRACTOR or its Subcontractors of any lower tier; (ii) Performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of any of the obligations under the Contract Documents; Page 2 of 4 (iii) The construction activities of CONTRACTOR or its Subcontractors of any lower tier, either on the project site or on other properties; (iv) The payment or nonpayment by CONTRACTOR of any of its Subcontractors of any lower tier, for Work of Improvement performed on or off the project site; and (v) Any personal injury,property damage or economic loss to third persons related to and arising from the performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of the Work of Improvement. (vi) The indemnity obligations of Subcontractors provided by this Section shall be included in all subcontract documents issued by CONTRACTOR. Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in favor of CONTRACTOR against CITY or any other Indemnitee. 11. FEDERAL PROVISIONS. Funds from the Coronavirus State Fiscal Recovery Fund and/or the Coronavirus Local Fiscal Recovery Fund, together known as the Coronavirus State and Local Fiscal Recovery Funds ("CSLFRF") program, will be used to fund all or a portion of this Construction Contract. CONTRACTOR shall comply with all applicable federal requirements including, but not limited to, the following, all of which are expressly incorporated herein by reference: a. Sections 602 and 603 of the Social Security Act as added by Section 9901 of the American Rescue Plan Act of 2021 (the "Act"); b. U.S. Department of the Treasury("Treasury") Final Rule for the Act; c. Treasury Compliance and Reporting Guidance for the Act; d. 2 C.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 inapplicable to the CSLFRF program and subject to such exceptions as may be otherwise provided by the U.S. Department of the Treasury; e. Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions; and f. Federal contract provisions attached hereto as Exhibit"A"and incorporated herein by reference. Subcontracts, if any, shall contain a provision 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. [signature page to follow] Page 3 of 4 IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: CITY OF SANTA AN NNIFER HA ALVARO NUNEZ City Manager APPROVED AS TO FORM: SONIA R. CARVALHO CONTRACTOR: City Attorney AMG&Associates, Inc. By: JONATHAN T. MARTEZ NA -: Alb , i zzi Assistant City Attorney TITLE: Preside RECOMMENDED FOR APPROVAL: Digitally signed by Nabil Nabil Saba Dabte:2024.10.07 09:16:09 -07'00' NABIL SABA,PE Executive Director Public Works Agency Page 4 of 4 EXHIBIT A CITY OF SANTA ANA APPENDIX B CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 22-1415 MEMORIAL PARK AQUATICS CENTER PROJECT EXHIBIT A FEDERAL CONTRACT PROVISIONS During the performance of this Construction Contract, CONTRACTOR shall comply with all applicable federal laws and regulations including, but not limited to, the federal contract provisions in this Exhibit 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: (i) The CONTRACTOR will not discriminate against an employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (ii) The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of the CONTRACTOR,state that all qualified applicants will receive consideration for employment without regard to race,color,religion, sex,sexual orientation,gender identity,or national origin. (iii) The CONTRACTOR will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation,proceeding,hearing, or action,including an investigation conducted by the employer, or is consistent with the CONTRACTOR's legal duty to furnish information. 5 of 15 CITY OF SANTA ANA APPENDIX B CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 22-1415 MEMORIAL PARK AQUATICS CENTER PROJECT (iv) The CONTRACTOR will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers'representatives of the CONTRACTOR's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (v) The CONTRACTOR will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (vi) The CONTRACTOR will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor,or pursuant thereto, and will permit access to his books,records,and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (vii) In the event of the CONTRACTOR's noncompliance with the nondiscrimination clauses of this Construction Contract or with any of the said rules,regulations,or orders,this Construction Contract may be canceled,terminated,or suspended in whole or in part and the CONTRACTOR may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoiced as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (viii) The CONTRACTOR will include the portion of the sentence immediately preceding paragraph(i) and the provisions of paragraphs(i)through(vii)in every subcontract or purchase order unless exempted by rules,regulations,or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The CONTRACTOR will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions,including sanctions for noncompliance: Provided, however, that in the event the CONTRACTOR becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States. The CITY further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the CITY so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the Construction Contract. The CITY agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of the CONTRACTOR and subcontractors with the equal 6 of 15 CITY OF SANTA ANA APPENDIX B CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 22-1415 MEMORIAL PARK AQUATICS CENTER PROJECT 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. 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: (i) Overtime Requirements.No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (ii) Violation;liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (ii) of this section the CONTRACTOR and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (ii) of this section, in the sum of$10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph(ii) of this section (iii) Withholding for unpaid wages and liquidated damages. The CITY shall upon its own 7 of 15 CITY OF SANTA ANA APPENDIX B CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 22-1415 MEMORIAL PARK AQUATICS CENTER PROJECT 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 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 the 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: (i) Pursuant to the Clean Air Act(1)CONTRACTOR agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §7401 et seq., (2)CONTRACTOR agrees to report each violation to the CITY and understands and agrees that the CITY will,in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) CONTRACTOR agrees to include these requirements in each subcontract exceeding $150,000. (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: (i) This Construction Contract is covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such CONTRACTOR is required to verify that none of the CONTRACTOR, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (ii) CONTRACTOR must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. 8 of 15 CITY OF SANTA ANA APPENDIX B CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 22-1415 MEMORIAL PARK AQUATICS CENTER PROJECT (iii) This certification is a material representation of fact,replied upon by CITY. If it is later determined that CONTRACTOR did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the CITY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (iv) CONTRACTOR warrants that it is not debarred, suspended,or otherwise excluded from or ineligible for participation in any federal programs. CONTRACTOR also agrees to verify that all 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 finds 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. (j) Appendix 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 Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency(EPA)at 40 C.F.R. part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement. (ii) In the performance of this Construction Contract, the CONTRACTOR shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired: competitively within a timeframe providing for compliance with the contract performance schedule; meeting contract performance requirements; or at a reasonable price. (iii) Information about this requirement, along with the list of EPA-designate items, is available at EPA's Comprehensive Procurement Guidelines web site,https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. (iv) The CONTRACTOR also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act." 9of15 CITY OF SANTA ANA APPENDIX B CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 22-1415 MEMORIAL PARK AQUATICS CENTER PROJECT (k) Appendix II to Part 200 (K)—&200.216 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment: (i) CONTRACTOR shall not contract(or extend or renew a contract)to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system funded under this Construction Contract. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation(or any subsidiary or affiliate of such entities). (1) For the purpose of public safety, security of government facilities,physical security surveillance of critical infrastructure,and other national security purposes,video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (2) Telecommunications or video surveillance services provided by such entities or using such equipment. (3) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to,the government of a covered foreign country. (ii) See Public Law 115-232, section 889 for additional information. (1) Appendix II to Part 200 (L)—§200.322 Domestic Preferences for Procurement: (i) CONTACTOR shall,to the greatest extent practicable,purchase,acquire,or use goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subcontracts. (ii) For purposes of this section: (1) "Produced in the United States"means for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) "Manufactured products" means items and construction materials composed in whole or 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 10 of 15 CITY OF SANTA ANA APPENDIX B CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 22-1415 MEMORIAL PARK AQUATICS CENTER PROJECT (a) Maintenance of and Access to Records. CONTRACTOR shall maintain records and financial documents sufficient to evidence compliance with section 603(c) of the Act, Treasury's regulations implementing that section, and guidance issued by Treasury regarding the foregoing. CONTRACTOR agrees to provide the CITY, Treasury Office of Inspector General and the Government Accountability Office, or any of their authorized representatives access to any books, documents, papers, and records (electronic an otherwise)of the CONTRACTOR which are directly pertinent to this Construction Contract for the purposes of conducting audits or other investigations. Records shall be maintained by CONTRACTOR for a period of five (5)years after completion of the project. (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(0 of the Act, and guidance issued by Treasury regarding the foregoing. CONTRACTOR also agrees to comply with all other applicable federal statutes, regulations, and executive orders, including, without limitation,the following: (i) Universal Identifier and System for Award Management(SAM), 2 C.F.R. Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference. (ii) Reporting Subward and Executive Compensation Information,2 C.F.R. Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference. (iii) OMB Guidelines to Agencies on Governmentwide Department and Suspension (Nonprocuremen), 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 regulationat 31 C.F.R. Part 19. (iv) Recipient Integrity and Performance Matters,pursuant to which the award term set forth in 2 C.F.R. Part 200,Appendix XII to Part 200 is hereby incorporated by reference. (v) Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R. Part 20. (vi) New Restrictions on Lobbying, 31 C.F.R. Part 21 (vii) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970(42 U.S.C. §§ 4601-4655) and implementing regulations. (c) Compliance with Federal Statutes and Regulations Prohibiting Discrimination. CONTRACTOR agrees to comply with statutes and regulations prohibiting discrimination applicable to the CSLFRF program including, without limitation,the following: (i) Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.)and Treasury's implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance. 11of15 CITY OF SANTA ANA APPENDIX B CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 22-1415 MEMORIAL PARK AQUATICS CENTER PROJECT (ii) The Fair Housing Act,Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color,religion, national origin, sex,familial status, or disability. (iii) Section 504 of the Rehabilitation Act of 1973, as amended(29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance. (iv) The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury's implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance. (v) Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto. (d) False Statements. CONTRACTOR understands that making false statements or claims in connection with the CSLFRF program is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law. (e) Protections for Whistleblowers. (i) In accordance with 41 U.S.C. § 4712, CONTRACTOR may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant,a substantial and specific danger to public health or safety, or a violation of law,rule,or regulation related to a federal contract(including the competition for or negotiation of a contract)or grant. (ii) The list of persons and entities referenced in the paragraph above includes the following: (1) A member of Congress or a representative of a committee of Congress; (2) An Inspector General; (3) The Government Accountability Office; (4) A Treasury employee responsible for contract or grant oversight or management; (5) An authorized official of the Department of Justice or other law 12 of 15 CITY OF SANTA ANA APPENDIX B CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 22-1415 MEMORIAL PARK AQUATICS CENTER PROJECT 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 (f) Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 1917 (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: (i) CONTRACTOR ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal funds,of any person in the United States on the ground of race, color, or national origin(42 U.S.C. § 2000d et seq.),as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166; directives; circulars; policies; memoranda and/or guidance documents. (ii) CONTRACTOR acknowledges that Executive Order 13166, "Improving Access to Services for Persons with Limited English Proficiency (LEP)," seeks to improve access to federally assisted programs and activities for individuals who,because of national origin,are limited in their English proficiency. CONTRACTOR understands that the denial of access to persons to its programs, services and activities because of their limited proficiency in English is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964. Accordingly, CONTRACTOR shall initiate reasonable steps, or comply with Treasury's directives, to ensure meaningful access to its programs, services and activities to LEP persons. CONTRACTOR understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary to ensure effective communication in the Project. (iii) CONTRACTOR agrees to consider the need for language services for LEP persons during development of applicable budgets and when conducting programs, services and activities. As a resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information on LEP,please visit http://www.lep.gov. 13 of 15 CITY OF SANTA ANA APPENDIX B CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 22-1415 MEMORIAL PARK AQUATICS CENTER PROJECT (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: The subcontractor, successor, transferee and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also extends protection to persons with `Limited English proficiency" in any program or activity receiving federal financial assistance, 42 U.S.C. §2000d et seq., as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract(or agreement). (vi) CONTRACTOR understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury, this assurance obligates the CONTRACTOR, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits.If any personal property is provided,this assurance obligates the CONTRACTOR for the period during which it retains ownership or possession of the property. (vii) CONTRACTOR shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from these actions. CONTRACTOR shall comply with information requests, on-site compliance reviews, and reporting requirements. (viii) CONTRACTOR shall maintain a complaint log and inform the Department of the Treasury of any accusations of discrimination on the grounds of race, color,or national origin,and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome. CONTRACTOR must also inform the Department of the Treasury if CONTRACTOR has received no complaints under Title VI. (ix) CONTRACTOR must provide documentation of an administrative agency's or court's findings of non-compliance of Title VI and efforts to address the non-compliance,including any voluntary compliance or other agreements between the CONTRACTOR and the administrative agency that made the finding. If the CONTRACTOR settles a case or matter alleging such discrimination, CONTRACTOR must provide documentation of the settlement. If CONTRACTOR has not been the subject of any court or administrative agency finding of discrimination,please so state. 14 of 15 CITY OF SANTA ANA APPENDIX B CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 22-1415 MEMORIAL PARK AQUATICS CENTER PROJECT (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. 15 of 15 EXHIBIT B CITY OF SANTA ANA BID PROPOSAL PROJECT NO.: 22-1415 MEMORIAL PARK AQUATICS CENTER PROJECT BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: AMG &Associates, 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: 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. BASE BID Item Description Qty Unit Unit Price Amount 1 Santa Ana Memorial Park 1 LS $ 26,289,000 Aquatics Center Project $ 26,289,000 2 Construction Permit 1 LS $37,548 $37,548 TOTAL BASE BID $ 26,326,548 P-1 of P-20 CITY OF SANTA ANA BID PROPOSAL PROJECT NO,: 22-1415 MEMORIAL PARK AQUATICS CENTER PROJECT TIME FOR COMPLETION OP IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within number (340) working days after the commencement date stated in the Notice to Proceed. Upon issuance of the Notice to Proceed, Contractor shall immediately place order for long-lead time items. The liquidated damages amount,in lieu of the amount specified in Subsection 6-9 of the Standard Specifications,shall be$8,000.00 per calendar day. P-2 of P-20 CITY OF SANTA ANA BID PROPOSAL PROJECT NO.: 22-14 1 5 MEMORIAL PARK AQUATICS CENTER PROJECT Name of Firm AMG &Associates, Inc. Signature of BIDDER ert .Giacom Title President (If an individual, so state. If a firm or co-partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary,Treasurer and Manager, thereof.) Anthony R.Traverso-Vice President/Secretary/Treasurer P-3 of P-20 AMG&ASS-01 MNAVARRO coRO• CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 11/5/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Melissa Navarro NAME: IMA,Inc.-Pasadena PHONE 1 FAX 751 E Daily Drive (A/c,No,Ext): (A/C,No): Suite 230 ADDRESS:Melissa.Navarro@imacorp.com Camarillo,CA 93010 INSURER(S)AFFORDING COVERAGE NAIC if INSURER A:Travelers Property Casualty Company of America 25674 INSURED INSURER B:The Travelers Indemnity Company of Connecticut 25682 AMG&Associates,Inc. INSURER C:Pacific Insurance Company, Limited 10046 26535 Summit Circle INSURER D: Santa Clarita,CA 91350 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR 1 TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD (MM/DDIYYyyJ (MM1DD/YYYYL A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR X X DT22-00-4C394594-TIL-24 1/1/2024 1/1/2025 RENTED PREMSESAMAGE O(Ea occurrence) $ 300,000 X $5,000 PD Ded. MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X spaLOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 (Ea accident) X ANY AUTO X X BA-0P246520-24-26-G 1/1/2024 1/1/2025 BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident)_ $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $ A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 9,000,000 EXCESS LIAB CLAIMS-MADE CUP-7R593755-24-26 1/1/2024 1/1/2025 AGGREGATE $ 9,000,000 DED X RETENTION$ 10,000 $ A WORKERS COMPENSATION X AND EMPLOYERS'LIABILITY STATUTE EERH ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N X UB-9J59861A-24-26-G 1/1/2024 1/1/2025 1,000,000 OFFICER/MEMBER EXCLUDED? Y N/A E.L.EACH ACCIDENT $ (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ C 'Errors and Omissions 72CPICE2691 1/1/2024 1/1/2025 $15,000 retention 2,000,000 C Pollution Liability 72CPICE2691 1/1/2024 1/1/2025 $10,000 Retention 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Ten(10)days prior written notice for non-payment and Thirty(30)days prior written notice for policy cancellation shall be provided to City. Re:Project No,:22-1415-Memorial Park Aquatics Center-2102 S.Flower St.,Santa Ana,CA 92707. City of Santa Ana,its City Council,officers,officials,employees and agents are named as Additional Insured under the General Liability and Auto Liability per the attached endorsements. The General Liability and Auto Liability policies are Primary and Non-Contributory per the attached endorsements. A Waiver of Subrogation applies to the General Liability,Auto Liability and Workers'Compensation per the attached endorsements. APPROVED CERTIFICATE HOLDER CANCELLATII By Cynthia Mora at 1:34 pm, Nov 14, 2024 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cityof Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Attn:Jonathan Martinez 20 Civic Center Plaza Santa Ana,CA 92701 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID:AMG&ASS-01 MNAVARRO LOC#: 1 ACCPROADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED IMA, Inc.-Pasadena AMG&Associates,Inc. 26535 Summit Circle POLICY NUMBER Santa Clarita,CA 91350 SEE PAGE 1 Los Angeles CARRIER NAIC CODE SEE PAGE 1 SEE P 1 EFFECTIVE DATE:SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Full limits/retentions listed below for Prof/Poll: Professional Liability: Policy#72CPICE2691 -Effective Dates: 1/1/24-1/1/25-Limits: $2,000,000 each Professional Incident! $2,000,000 aggregate/Retention: $15,000 Pollution Liability: Policy#72CPICE2691 -Effective Dates: 1/1/24-1/1/25- Limits: $1,000,000 Each Pollution Incident I$2,000,000 aggregate!Retention: $10,000 APPROVED By Cynthia Mora at 1:34 pm, Nov 14, 2024 ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CITY OF SANTA ANA PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER 4 += Project Number Project No.22-1415—Memorial Park Aquatic Center Change Order Number 1 To AMG&Associates, Inc — — ----- Contractor You are hereby directed to make the herein changes from the plans and specifications or do the following described work not included in the plans and specifications an this contract. NOTE:THIS CHANGE ORDER IS NOT EFFECTIVE UNTIL APPROVED BY THE CITY COUNCIL OR CITY MANAGER. Unless otherwise stated,rates for rental of equipment cover only such fame as equipment is actually used and no allowance will be made for idle time. Change requested by PUBLIC WORKS AGENCY .JUSTIFICATION 1. To compensate the contractor for the difference between the allowance specified in the hid items and the actual costs incurred. This adjustment covers additional fees that the contractor will pay for city permits as outlined in Change Directive CCD-03 (PCO#002) AGREED COST:$22,062.33 TOTAL_AGREED COST:$22,062.33 Page 1 of 2 CITY OF SANTA ANA ' PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number Project No. 22-1415—Memorial Park Aquatic Center Change Order Number 1 To AMG&Associates,Inc Contractor You are hereby directed to make the herein changes from the plans and specifications or do the following described work not included in the plans and specifications on this contract. NOTE:THIS CHANGE ORDER IS NOT EFFECTIVE UNTIL APPROVED BY THE CITY COUNC€L OR CITY MANAGER. Unless otherwise stated,rates for rental of equipment cover only such time as equipment is actually used and no allowance VAII be made for idle time. Change requested by PUBLIC WORKS AGENCY The compensation both time and cost set forth in this change order comprises the total compensation due the Contractor,all Subcontractors,and all Suppliers for all work performed per this change order,including impact on unchanged work. By signing this change order, the Contractor acknowledges and agrees on behalf of himself, all Subcontractors, and all Suppliers, that the stipulated compensation includes payment for all work contained in this change order, plus all payment for interruption of schedules, extended field overhead, home office overhead, profit, delay, and all impact, ripple effect or cumulative impact on all other work under this Contract. The signing of this change order constitutes full mutual accord and satisfaction for all changes and work performed on this project, and that the time and cost paid per this change order constitutes the total equitable adjustments owed the Contractor, all Subcontractors, and all Suppliers for all work performed on this project. The Contractor on behalf of himself, all Subcontractors, and all Suppliers agrees to waive all rights,without exception or reservation of any whatsoever to file any further claim related to this project. TOTAL COST THIS CHANGE ORDER: DECREASE $ _______________ INCREASE $ 22,062.33 By reason of this order the CONTRACT TIME completion will be adjusted as follows: Zero(0)Working Days We the undersigned contractor have given careful consideration to the change proposed and hereby agree,if this proposal is approved,that we will provide all equipment,furnish all materials,except as may otherwise be noted above.and perform all service necessary for the work above specified,and will accept a4Date ric shown above. A Contractor AMG&Associates, Inc Btie President A4,�� '% c{ 21� Date Lt Z 13+- ElLiC WORKS AGENCY EXECUTIVE D?RECTOR LlApproved by i Date Minh Thai Assists � y Manager Attest: Date 2A CITY CLERK �v Page 2 of 2 D CITY OF SANTA ANA PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number Project No.22-1415—Memorial Park Aquatic Center Change Order Number 2 To AMG 8 Associates, Inc Contractor You are hereby directed to make the herein changes from the plans and specifications or do the following described work not included in the plans and specifications on[his contract. NOTE:THIS CHANGE ORDER E5 NOT EFFECTIVE UNTIL APPROVED BY THE CITY COUNCIL OR CITY MANAGER. Unless otherwise stated,rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time. Change requested by PUBLIC WORKS AGENCY JUSTIFICATION 1. To compensate the contractor for X-Ray scanning of the existing mural wall. (PCO#001 dated 01 f 27/2025) AGREED COST:$1,803.75 2. Credit requested by the City of Santa Ana in CCD#4 to waive the 15-day limit for scheduled activities and the request of the CPM schedule. (PCO#004 dated 02/27/2025) AGREED COST: ($8,400.00) 3. To compensate the contractor for added costs associated with ground water sample test results and treatment needed based on lab findings. (PC0#005 dated 02/19/2025) AGREED COST: $38,276.80 TOTAL AGREED COST: $31,680.55 I Page 1 of 2 —` CITY OF SANTA ANA ro ' PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number Project No.22-1415—Memorial_Park Aquatic Center Change Order Number 2 To AMG&Associates, Inc Contractor You are hereby directed to make the herein changes from the plans and specifications or do the following described work not included in the plans and specifications on this contract. NOTE:THIS CHANGE ORDER IS NOT EFFECTIVE UNTIL APPROVED BY THE CITY COUNCIL OR CITY MANAGER. Unless otherwise stated,rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time. Change requested by PUBLIC WORKS AGENCY The compensation both time and cost set forth in this change order comprises the total compensation due the Contractor,all Subcontractors,and all Suppliers for all work performed per this change order,including impact on unchanged work. By signing this change order, the Contractor acknowledges and agrees on behalf of himself, all 'Subcontractors, and all Suppliers, that the stipulated compensation includes payment for all work contained in this change order, plus all payment for interruption of schedules, extended field overhead, home office overhead, profit, delay, and all impact, ripple effect or cumulative impact on all other work under this Contract. The signing of this change order constitutes full mutual accord and satisfaction for all changes and work performed an this project, and that the time and cost paid per this change order constitutes the total equitable adjustments owed the Contractor, all Subcontractors, and all Suppliers for all work performed on this project. The Contractor on behalf of himself, all Subcontractors, and all Suppliers agrees to waive all rights,without exception or reservation of any whatsoever to file any further claim related to this project. TOTAL COST THIS CHANGE ORDER: DECREASE $ _______________ INCREASE $ 31,68U 55 By reason of this order the CONTRACT TIME completion will be adjusted as follows: Zero (0)Working Days We the undersigned contractor have given careful consideration to the change proposed and hereby agree,if this proposal is approved,that we will provide all equipment,furnish all materials,except as may otherwise be noted above,and perform all service necessary for the work above specified,and will accept as full payment therefor the prices shown above. Accepted,Date 4/20/2025 Contractor AMG&Associates, Inc By Title 4� President Approval recommended bIS �ti Date PUBLIC ORK GENCYEXECUTNE ECTOR Approved by �� " � � Date CITYMANAGER '""'" I Attest Date JERK Page 2 of 2 �. CITY OF SANTA ANA w PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number Project No.22-1415 Memorial Park Aquatic Center Change Order Number 3 To -All&Associates,Inc Contractor You are hereby directed to make the herein changes from the plans and specifications or do the following described work not included in the plans and specifications on this contract. NOTE:THIS CHANGE ORDER IS NOT EFFECTIVE UNTIL APPROVED BY THE CITY COUNCIL OR CITY MANAGER Unless otherwise stated,rates for rental of equipment cover only such time as equipment is acEually used and no allowance will be made for idle time Change requested by PUBLIC WORKs AGENCY JUSTIFICATION 1. To address added costs for intercepting the existing AL2-DB panel and installing a 600A breaker in the new MSB switchgear per RFI #054 (PCO#007). AGREED COST: $38,915.62 2. To cover added costs related to the substitution of condensing units CU3 and CI J4 per RFI #060.1 due to availability constraints (PCO#008). AGREED COST: $4,744.81 3. To cover added costs for Kar Construction's additional mobilization to complete flagpole footing work ahead of schedule per City request (PCO#011). AGREED COST: $2,775.00 4. To cover costs associated with removal of water from the surge pit and pool (PCO#013). AGREED COST: $4,387.01 5. To cover the cost of potholing and exposing existing transit pipe (PCO#015). AGREED COST: $1,542.29 TOTAL AGREED COST: $52,364.73 Page 1 of 2 CITY 4F SANTA ANA 01 PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number Project No. 22-1415 Memorial Park Aquatic Center Change Order Number 3 To AMG&Associates, Inc Contractor You are hereby directed to make the herein changes from the plans and specifications or do the following described work not included in the plans and specifications on this contract NOTE:THIS CHANGE ORDER IS NOT EFFECTIVE UNTIL APPROVED BY THE CITY COUNCIL OR CITY MANAGER Unless otherwise stated,rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle lime Change requested by PUBLIC WORKS AGENCY The compensation both time and cost set forth in this change order comprises the total compensation due the Contractor,all Subcontractors,and all Suppliers for all work performed per this change order, including impact on unchanged work. By signing this change order, the Contractor acknowledges and agrees on behalf of himself, all Subcontractors, and all Suppliers, that the stipulated compensation includes payment for all work contained in this change order, plus all payment for interruption of schedules, extended field overhead, home office overhead, profit, delay, and all impact, ripple effect or cumulative impact on all other work under this Contract.The signing of this change order constitutes full mutual accord and satisfaction for all changes and work performed on this project, and that the time and cost paid per this change order constitutes the total equitable adjustments owed the Contractor, all Subcontractors, and all Suppliers for all work performed on this project. The Contractor on behalf of himself, all Subcontractors, and all Suppliers agrees to waive all rights,without exception or reservation of any whatsoever to file any further claim related to this project. TOTAL COST TH S CHANGE ORDER DECRFJ+SE $ ............... INCREASE $ 52,364.73 By reason of this order the CONTRACT TIME completion will be adjusted as fo#lows: Zero(0)Working Da Vs We the undersigned contractor have given careful consideration to the change proposed and hereby agree if this proposal is approved that we will provide all equipment,furnish all materials except as may otherwise be noted above,and perform all service necessary for the work above specified.and will accept as full payment therefor the pric s shown above Accepted.Date Contractor AMG &Associates By President F Approval recommended by � Dale ce }21 S' PUBLIC01ORKS ENCYEXECUTIVEbrRE OR Approved by _— r+�+' __--- ,eb --- Dale CfTY MMAGER Atlesi <. Date ERK Page 2 of 2 �a CITY 4F SANTA ANA PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number Project No. 22-1415--Memorial Park Aquatic Center Change Order Number 4 To AMG&Associates, Inc Contractor You are hereby directed to make the herein changes from the plans and specifications or do the following described work not included in the plans and specifications on this contract. NOTE:THIS CHANGE ORDER IS NOT EFFECTIVE UNTIL APPROVED BY THE CITY COUNCIL OR CITY MANAGER. Unless otherwise stated,rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time, Change requested by PUBLIC WORKS AGENCY JUSTIFICATION 1. To cover the costs associated with CCD#001 issued by the City in response to Bulletin #01, which included the issuance of conformed set plans and specifications (PCO#006). AGREED COST: $25,392.09 2. To cover the costs associated with CCD#007 issued by the City for demoing and hauling an unforeseen 1,500 SF of concrete under the asphalt at the southwest corner of the jobsite (PCO#10). AGREED COST: $6,887.17 3. To cover the costs associated with CCD #17 to locate all underground utilities on site (PCO#017). AGREED COST; $5,439.00 TOTAL AGREED COST: $37,718.26 Page 1 of 2 CITY 4F SANTA ANA PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number Project No. 22-1415—Memorial Park Aquatic Center Change Order Number 4 To AMG&Associates, Inc Contractor You are hereby directed to make the herein changes from the plans and specifications or do the following described work not included in the plans and specifications on this contract. NOTE:THIS CHANGE ORDER IS NOT EFFECTIVE UNTIL APPROVED BY THE CITY COUNCIL OR CITY MANAGER. Unless otherwise stated,rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time. Change requested by PUBLIC WORKS AGENCY The compensation both time and cost set forth in this change order comprises the total compensation due the Contractor,all Subcontractors, and all Suppliers for all work performed per this change order, including impact on unchanged work. By signing this change order, the Contractor acknowledges and agrees on behalf of himself, all Subcontractors, and all Suppliers, that the stipulated compensation includes payment for all work contained in this change order, plus all payment for interruption of schedules, extended field overhead, home office overhead, profit, delay, and all impact, ripple effect or cumulative impact on all other work under this Contract. The signing of this change order constitutes fall mutual accord and satisfaction for all changes and work performed on this project, and that the time and cost paid per this change order constitutes the total equitable adjustments owed the Contractor, all Subcontractors, and all Suppliers for all work performed on this project. The Contractor on behalf of himself, all Subcontractors, and all Suppliers agrees to waive all rights, without exception or reservation of any whatsoever to file any further claim related to this project. TOTAL COSTTHIS CHANGE ORDER: DECRFASE $ __ ____________ INCREASE $ 37,718.26 By reason of this order the CONTRACT TIME completion will be adjusted as follows; Zero U Working Days We the undersigned contractor have given careful consideration to the change proposed and hereby agree,if this proposal is approved,that we will provide all equipment,furnish all materials,except as may otherwise be noted above,and perform all service necessary for the work above specified,and will accept as full payment therefor the prices shown above. Accepted,Date July 1, 2025 Contractor AMG &Associates, Inc By Q� Title President Approval recommended by Date [ Zs PNrrC'"W0i1,KSAGENCYEXEC VEDIRECTOR Approved by , ^ Date !TY MANAGER Attest: Date 1,�Lor�t`a�..g CITY CLE Page 2 of 2 CITY OF SANTA ANA PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number Project No. 22-1416—Memorial Park Aquatic Center Change Order Number 5 To AMG&_Associates, Contractor You are hereby directed to make the herein changes from the plans and specifications or do the following described work not included in the plans and specifications on this contract. NOTE:THIS CHANGE ORDER IS NOT EFFECTIVE UNTIL APPROVED BY THE CITY COUNCILOR CITY MANAGER. Unless otherwise stated,rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for Idle time, Change requested by PUBLIC WORKS AGENCY JUSTIFICATION 1. To cover the costs associated with CLE expediting the procurement and delivery of the switchgear equipment to mid-July, allowing for the facilitation of demolishing existing switchboard panels and Edison transformers. (PCO4019). AGREED COST:$12,616.66 TOTAL AGREED COST:$12,616.66 Page 1. of 2 CITY OF SANTA ANA I,:I PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number Project No. 22-1415 Memorial Park Aquatic Center Change Order Number 5 To AMG &Associates, Inc Contractor You are hereby directed to make the herein changes from the plans and specifications or do the following described work not included in the plans and specifications on this contract. NOT THIS CHANGE ORDER IS NOT EFFECTIVE UNTIL APPROVED BY THE CITY COUNCIL OR CITY MANAGER. Unless otherwise stated,rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time. Change requested by PUBLIC WORKs AGENCY The Compensation both time and cost set forth in this change order comprises the total compensation due the Contractor,all Subcontractors,and all Suppliers for all work performed per this change order,including impact on unchanged work. By signing this change order, the Contractor acknowledges and agrees on behalf of himself, all Subcontractors, and all Suppliers, that the stipulated compensation includes payment for all work contained in this change order, plus all payment for interruption of schedules, extended field overhead, home office overhead, profit, delay, and all impact, ripple effect or cumulative impact on all other work under this Contract. The signing of this change order constitutes full mutual accord and satisfaction for all changes and work performed on this project, and that the time and cost paid per this change order constitutes the total equitable adjustments owed the Contractor, all Subcontractors, and all Suppliers for all work performed on this project. The Contractor on behalf of himself, all Subcontractors, and all Suppliers agrees to waive all rights, without exception or reservation of any whatsoever to file any further claim related to this project. TOTAL COST THIS CHANGE ORDER: DECREASE $ _______________ INCREASE 17,616.66 By reason of this order the CONTRACT TIME completion will be adjusted as follows: Zero(0)Working Dates We the undersigned contractor have given careful consideration to the change proposed and hereby agree,if this proposal is approved,that we will provide all equipment,furnish all materials,except as may otherwise be noted above,and perform all service necessary for the work alcove specified,and will accept as full payment therefor the prices shown above. Accepted.Date 7/24/25 Contractor AMG &Associates, Inc By Title President Approval recommended by Date Z 5` 1CW RKSAGENCYE CUTIVEDtRECrOR /'% / 9 Approved by A Date C"MANAGER \ Attest: / Datej f rY CLERK Page 2 of 2 �. CITY OF SANTA ANA 4 PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number Project No. 22-1415—Memorial Park Aquatic Center Change Order Number 6 To AMG 8 Associates, Inc Contractor You are hereby directed to make the herein changes from the plans and specifications or do the following described work not included in the plans and specifications on this contract. NOTE:THIS CHANGE ORDER IS NOT EFFECTIVE UNTIL APPROVED BY THE CITY COUNCIL OR CITY MANAGER. Unless otherwise stated,rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time. Change requested by PUBLIC WORKS AGENCY JUSTIFICATION 1. To cover the costs associated with PWA Construction Permit (PCO #24). AGREED COST: $41,715.00 2. To cover the costs associated with the groundwater in the surge pit (PCO#21). AGREED COST: $11,895.83 TOTAL_AGREED COST: $53,610.83 Page 1 of 2 CITY OF SANTA ANA t PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number Project No. 22-141 S—Memorial Park Aquatic Center Change Order Number 6 To AMG &Associates, Inc Contractor You are hereby directed to make the herein changes from the plans and specifications or do the following described work not included in the plans and specifications on this contract. NOTE:THIS CHANGE ORDER IS NOT EFFECTIVE UNTIL APPROVED BY THE CITY COUNCIL OR CITY MANAGER. Unless otherwise stated,rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time. Change requested by PUBLIC WORKS AGENCY The compensation both time and cost set forth in this change order comprises the total compensation due the Contractor, all Subcontractors, and all Suppliers for all work performed per this change order, including impact on unchanged work. By signing this change order, the Contractor acknowledges and agrees on behalf of himself, all Subcontractors, and all Suppliers, that the stipulated compensation includes payment for all work contained in this change order, plus all payment for interruption of schedules, extended field overhead, home office overhead, profit, delay, and all impact, ripple effect or cumulative impact on all other work under this Contract. The signing of this change order constitutes full mutual accord and satisfaction for all changes and work performed on this project, and that the time and cost paid per this change order constitutes the total equitable adjustments owed the Contractor, all Subcontractors, and all Suppliers for all work performed on this project. The Contractor on behalf of himself, all Subcontractors, and all Suppliers agrees to waive all rights, without exception or reservation of any whatsoever to file any further claim related to this project. TOTAL COST THIS CHANGE ORDER: DECREASE $ _______________ INCREASE $ 53,610.83 By reason of this order the CONTRACT TIME completion will be adjusted as follows: Zero D Working Days We the undersigned contractor have given careful consideration to the change proposed and hereby agree,if this proposal is approved,that we will provide all equipment,furnish all materials,except as may otherwise be noted above..and perform all service necessary for the work above specified,and will accept as full payment therefor the prices shown above. Accept , ate 08/20/25 Contractor AMG &Associates, Inc y Title President Approval recommended by Date JORKS 4 E E DIRECTOR Approved by Date CITY MANAGER Attest: Date tj I FcP }~ CLERK Page 2 of 2 CITY OF SANTA ANA ., PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number Project No. 22-1415— Memorial Park Aquatic Center Change Order Number 7 To AMG&Associates, Inc Contractor You are hereby directed to make the herein changes from the plans and spedficatons or do the following described work not included in the plans and specifications on this contract. NOTE:THIS CHANGE ORDER IS NOT EFFECTIVE UNTIL APPROVED BY THE CITY COUNCIL OR CITY MANAGER. Unless otherwise stated,rates for rental of equipment cover only such time as oquipment is actually used and no allowance will be made for idle time. Change requested by PUBLIC WORKS AGENCY JUSTIFICATION 1. To cover the costs associated with unforeseen asbestos containing material underneath swimming pool flooring (PCO#009)* AGREED COST: $590,466.25 TOTAL AGREED COST: $590,466.25 *The City of Santa Ana does not agree with the Eichleay Delay requested in PCO #009 and has removed Eichleay delay costs from the total change order amount. Should the Contractor wish to pursue Eichleay Delay, they may do so through the formal claims process in accordance with the Contract Documents. Page 1 of 2 �. CITY OF SANTA ANA f ' PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number Project No. 22-1415—Memorial Park Aquatic Center Change Order Number 7 To AMG &Associates, Inc Contractor You are hereby directed to make the herein changes from the plans and specifications or do the following described work not included in the plans and specifications on this contract. NOTE:THIS CHANGE ORDER IS NOT EFFECTIVE UNTILAPPROVED BY THE CITY COUNCIL OR CITY MANAGER. Unless otherwise stated,rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time. Change requested by PUBLIC WORKS AGENCY The compensation both time and cost set forth in this change order comprises the total compensation due the Contractor,all Subcontractors,and all Suppliers for all work performed per this change order, including impact on unchanged work. By signing this change order, the Contractor acknowledges and agrees on behalf of himself, all Subcontractors, and all Suppliers, that the stipulated compensation includes payment for all work contained in this change order, plus all payment for interruption of schedules, extended field overhead, home office overhead, profit, delay, and all impact, ripple effect or cumulative impact on all other work under this Contract. The signing of this change order constitutes full mutual accord and satisfaction for all changes and work performed on this project, and that the time and cost paid per this change order constitutes the total equitable adjustments owed the Contractor, all Subcontractors, and all Suppliers for all work performed on this project. The Contractor on behalf of himself, all Subcontractors, and all Suppliers agrees to waive all rights, without exception or reservation of any whatsoever to file any further claim related to this project. TOTAL COST THIS CHANGE ORDER: DECREASE $ _______________ INCREASE $ 590,466.25 By reason of this order the CONTRACT TIME completion will be adjusted as follows: Sixty_Four(64) Working Days We the undersigned contractor have given careful consideration to the change proposed and hereby agree,if this proposal is approved,that we will provide all equipment,furnish all materials,except as may otherwise be noted above,and perform all service necessary for the work above specified,and will accept as full payment therefor the prices shown above. Accepted,Date 9/17/2025 Contractor AMG &Associates, Inc By UNILATERAL Title Approval recommended by Date f0 L P WORK CY DIRECTOR Approved by � Date 4ANAGER, Attest: Dates ,yn Page 2 of 2 CITY OF SANTA ANA PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER r Project Number Project No. 22-1415—Memorial Park Aquatic Center Change Order Number 8 To AMG&Associates, Inc Contractor You are hereby directed to snake the herein changes from the plans and specifications or do the following described work not included in the plans and specifications on this contract. NOTE:THIS CHANGE ORDER IS NOT EFFECTIVE UNTIL APPROVED BY THE CITY COUNCIL OR CITY MANAGER. Unless otherwise stated,rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle tune. Change requested by PUBLIC WORKS AGENCY JUSTIFICATION 1. To cover the costs associated with scope added for lighting within the watersiide canopy as requested by owner(PCO#022) AGREED COST: $12,647.64 2. To cover the costs associated with scope added for roof elements requested in Bulletin 06 (PCO#023) AGREED COST: $29,207.16 3. To cover the costs associated with differential between Siemens & Enterprise contracts (PCO#025) AGREED COST:$12,055.22 TOTAL AGREED COST:$53,910.02 Page 1 of 2 CITY OF SANTA ANA 4 PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER r _ Project Number Project No. 22-1415—Memorial Park Aquatic Center Change Order Number S To AMG&Associates,Inc Contractor You are hereby directed to make the herein changes from the plans and specifications or do the following described work not included in the plans and specifications on this contract. NOTE:THIS CHANGE ORDER IS NOT EFFECTIVE UNTIL APPROVED BY THE CITY COUNCIL OR CITY MANAGER. Unless otherwise stated,rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time. Change requested by PUBLIC WORKS AGENCY The compensation both time and cost set forth in this change order comprises the total compensation due the Contractor,all Subcontractors,and all Suppliers for all work performed per this change order,including impact on unchanged work. By signing this change order, the Contractor acknowledges and agrees on behalf of himself, all Subcontractors, and all Suppliers, that the stipulated compensation includes payment for all work contained in this change order, plus all payment for interruption of schedules, extended field overhead, home office overhead, profit, delay, and all impact, ripple effect or cumulative impact on all other work under this Contract. The signing of this change order constitutes full mutual accord and satisfaction for all changes and work performed on this change order, and that the time and cost paid per this change order constitutes the total equitable adjustments owed the Contractor, ail Subcontractors, and all Suppliers for all work performed on this change order. The Contractor on behalf of himself, all Subcontractors, and all Suppliers agrees to waive all rights, without exception or reservation of any whatsoever to file any further claim related to this change order. TOTAL COST THIS CHANGE ORDER: DECREASE $ INCREASE $ 53,91 0.02 By reason of this order the CONTRACT TIME completion will be adjusted as follows: Zero(0)Working-Days We the undersigned contractor have given careful consideration to the change proposed and hereby agree,if this proposal is approved,that we will provide all equipment,furnish all materials,except as may otherwise be noted above,and perform all service necessary for the work above specified,and will accept as full payment therefor the prices shown above. Accepted,Date 11/17/2025 Contractor AMG&Associates, Inc By Title President Approval recommen d Date ���Zli/ Z.- 0 GENcY rIv IRECTOR Approved by 00 Date l tiaZ CITYMANAGER Attest: .: Date CITY CLERK Page 2 of 2 CITY OF SANTA ANA PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number Project No. 22-1415--Memorial Park Aquatic Center Charge Order Number g To AMG &Associates Inc Contractor You are hereby directed to make the herein changes from the plans and specifications or do the fallowing described work not included in the plans and specifications on this contract. NOTE,THIS CHANGE ORDER IS NOT EFFECTIVE UNTIL APPROVED BY THE CITY COUNCIL OR CITY MANAGER. Unless otherwise stated,rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time. Change requested by PUBLIC WORKS AGENCY DEDUCTIVE CHANGE ORDERS 1. Credit requested by the City of Santa Ana from the demolition for competition pool. (PCO# 012) AGREED COST: ($42,344.25) 2. Credit requested by the City of Santa Ana in CCD#5 for removing for operable skylights and the additional cost of adding 8 daylight sensors, as per Bulletin 02. (PCO# 014) AGREED COST: ($5,327.64) 3. Credit requested by the City of Santa Ana in CCD#19 for the differential cost between asbestos abatement and the standard removal and disposal of PVC piping. (PCO#020) AGREED COST: ($4,505.00) TOTAL AGREED COST: ($52,176.89) JUSTIFICATION 4. To cover the costs associated with trimming the trees located along the south and northwest elevations of the jobsite to provide access for the VSC driller and to complete the required drilling. (PCO# 027) AGREED COST: $ 8,542.27 5. To cover the costs associated with mural wall saw cutting (PCO #028) AGREED COST: $ 13,488.93 6. To cover the costs associated with CCD#1 for the issuance of the conformed set of plans and specifications — Chain Link Fence Height Increase. (PCO #029) AGREED COST: $ 9,711.40 7. To cover the costs associated with increasing the height of the site gates from T-0" to 7'-3". (PCO #031) AGREED COST: $ 1,927.39 Page 1 of 3 8. To cover the costs of added floor drains per Bulletin #09, (PCO #032). AGREED Cosy: $ 27,484.90 9. To cover the cost for Line Up support truck for SCE Power Pole. (PCO #036) AGREED COST: $7,303.24 10. To cover the cost of painting exterior signage. (PCO#034) AGREED COST: $2,227.50 11. To cover the cost of structural observation report adjustments per RFI#152. (PCO#038) AGREED COST: $2,447.81 12. To cover the cost for Bulletin #8 and RFI #096 response (PCO#030) AGREED COST: $ 12,965.17 13. To cover the cost for the emergency stop switch per RFI #121.2 response (PCO#039) AGREED COST: $ 3,944.94 TOTAL AGREED COST: $90,043.55 NET CONTRACT INCREASE : $37,866.66 Page 2 of 3 CITY OF SANTA ANA k. PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number Project No. 22-1415 Memorial Park Aquatic Center Change Order Number C To AMG&Associates Inc Contractor You are hereby directed to make the herein changes from the plans and specifications or do the following described work not included in the plans and specifications on this contract. NOTE:THIS CHANGE ORDER IS NOT EFFECTIVE UNTIL APPROVED BY THE CITY COUNCIL OR CITY MANAGER. Un#ess otherwise stated,rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idte time. Change requested by PUBLIC WORKS AGENCY The compensation both time and cost set forth in this change order comprises the total compensation due the Contractor, all Subcontractors, and all Suppliers for all work performed per this change order, including impact on unchanged work. By signing this change order, the Contractor acknowledges and agrees on behalf of himself, all Subcontractors, and all Suppliers, that the stipulated compensation includes payment for all work contained in this change order, plus all payment for interruption of schedules, extended field overhead, home office overhead, profit, delay, and ail impact, ripple effect or cumulative impact on all other work under this Contract. The signing of this change order constitutes full mutual accord and satisfaction for all changes and work performed on this change order, and that the time and cost paid per this change order constitutes the total equitable adjustments owed the Contractor, all Subcontractors, and all Suppliers for all work performed on this change order. The Contractor on behalf of himself, all Subcontractors, and all Suppliers agrees to waive all rights, without exception or reservation of any whatsoever to file any further claim related to this change order. TOTAL COST THIS CHANGE ORDER: DECREASE $ INCREASE $ 37,866.66 By reason of this order the CONTRACT TIME completion will be adjusted as follows: Zero (0) Working Days We the undersigned contractor have given careful consideration to the change proposed and hereby agree, if ihrs proposal is approved,that we will provide all equipment,furnish all materials,except as may otherwise be noted above,and perform all service necessary for the work above specified, and will accept as full payment therefor thy prices shown above. Accepted, Date /�� �� Contractor AMG&Associates, Inc By ` e Approval recommended bk Date z P 8LIC RK5 AG CY EXECUTIVE 9PECTOR 1 Approved by 1/ Date �)1/40 6 CITY M NAGEF Attest: Date CL K Page 3 of 3 CITY OF SANTA ANA 1 ! PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number Project No. 22-1415—Memorial Park Aquatic Center Change Order Number 10 To AMG&Associates, Inc Contractor You are hereby directed to make the herein changes from the plans and specifications or do the following described work not included in the plans and specifications on this contract. NOTE:THIS CHANGE ORDER IS NOT EFFECTIVE UNTIL APPROVED BY THE CITY COUNCIL OR CITY MANAGER. Unless otherwise stated,rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time. Change requested by PUBLIC WORKS AGENCY JUSTIFICATION 1. To cover the cost for potholing unknown irrigation utilities not originally on plans. (PC0#026) AGREED COST: $3,579.42 2. To cover the cost of work related to Bulletin 8—Security door release and alarm scope of work. (PCO#040) AGREED COST: $13,707.14 3. To cover the cost of work related to Bulletin 11 and CCD#31 (PCO#41) AGREED COST: $23,598.87 4. To cover the cost of potholing existing catch basin per RFI#156 and CCD#32 (PCO#44) AGREED COST: $13,450.62 5. To cover the cost of extended ground water dewatering treatment system rental cost. (PCO# 045)* AGREED COST: $83,990.00 6. To cover the cost of removing &disposing 8"ACP Domestic Water Pipe(PCO#046)* AGREED COST: $4,821.74 7. To cover the cost of exposing & demoing CIP in conflict with trellis foundation. (PCO#049) AGREED COST: $461.76 Page 1 of 3 8. To cover the cost of work related to Bulletin 14— Rough in & install of swimsuit spinner. (PCO# 050) AGREED COST: $1,640.48 9. Credit for changing painting finish to Arcadia Kynar finish of the architectural louvers. (PCO# 051) AGREED COST: ($4,444.82) NET CONTRACT INCREASE : $140,805.21 Page 2 of 3 CITY OF SANTA ANA p PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number Project No. 22-1415—Memorial. Park Aquatic Center Change Order Number 10 To AMG&Associates, Inc Contractor You are hereby directed to make the herein changes from the plans and specifications or do the following described work not included in the plans and specifications on this contract. NOTE:THIS CHANGE ORDER IS NOT EFFECTIVE UNTIL APPROVED BY THE CITY COUNCIL OR CITY MANAGER. Unless otherwise stated,rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time. Change requested by PUBLIC WORKS AGENCY The compensation both time and cost set forth in this change order comprises the total compensation due the Contractor, all Subcontractors, and all Suppliers for all work performed per this change order, including impact on unchanged work. By signing this change order, the Contractor acknowledges and agrees on behalf of himself, all Subcontractors, and all Suppliers, that the stipulated compensation includes payment for all work contained in this change order, plus all payment for interruption of schedules, extended field overhead, home office overhead, profit, delay, and all impact, ripple effect or cumulative impact on all other work under this Contract. The signing of this change order constitutes full mutual accord and satisfaction for all changes and work performed on this change order, and that the time and cost paid per this change order constitutes the total equitable adjustments owed the Contractor, all Subcontractors, and all Suppliers for all work performed on this change order. The Contractor on behalf of himself, all Subcontractors, and all Suppliers agrees to waive all rights, without exception or reservation of any whatsoever to file any further claim related to this change order. TOTAL COST THIS CHANGE ORDER: DECREASE $ --------------- INCREASE $ 140,805 21 By reason of this order the CONTRACT TIME completion will be adjusted as follows: Zero(0)Working Days We the undersigned contractor have given careful consideration to the change proposed and hereby agree,if this proposal is approved,that we will provide all equipment,fumish all materials,except as may otherwise be noted above,and perform ail service necessary for the work above specified,and will accept as full payment therefor the prices shown above. Accepted,Date Contractor AMG&Associates, Inc By Title ALBERT M.GIACOMAZZi PRESIDENT Approval recommended by Date ` 1/9 PU 0 NCY E ECTOR Approved by Date G t Z ra 1TY MANAGER Attest: �' Date (—golg lze� CITY CLE!V '�• a Page 3 of 3