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BRIDGEROCK CONSTRUCTION, INC. (EL SALVADOR PARK RESTROOM IMPROVEMENTS)
INSURANCE NOT ON FILE WORK MAY NOT PROCEED CITY CLERK CITY OF SANTA ANA DATE: DEC 12 2024 CONSTRUCTION CONTRACT 0, PW rill) PROJECT 23-6035 (f^� oil;�)4%4' EL SALVADOR PARK RESTROOM IMPROVEMENTS This CONSTRUCTION CONTRACT is made and entered into this 20th day of November, 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 Bridgerock Construction, Inc., a California corporation (hereinafter "CONTRACTOR"). WITNESSETH The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows 1. CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the Santa Ana El Salvador Park Restroom Improvements Project (hereinafter referred to as the "WORK OF IMPROVEMENT") identified in and in accordance with the Contract Documents prepared by the City's Public Works Agency and approved by the City Council. 2. The complete Construction Contract consists of the "Contract Documents" as defined by the Standard Specifications for Public Works Construction and which include the following: • Notice Inviting Bids • Information to Bidders • Bid Proposal • Bid Bond • Contract Form • Contract Bonds • General Provisions • Special Provisions • Technical Provisions and Project Plans • Community Workforce Agreement • Appendices In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Construction. 3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the WORK OF IMPROVEMENT, the sum total amount not to exceed Three Hundred Fifty -Nine Thousand, Five Hundred Forty and No Cents ($359,540.00), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A," and in accordance with Section 2-7.1 of the Greenbook: Standard Specifications for Public Works Construction. 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. rev. 09/01/2017 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 "A") including commencing construction within the timeframe therein specified after issuance of a Notice to Proceed. 5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the WORK OF IMPROVEMENT a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law. 6. If applicable, the CONTRACTOR shall adhere to the CITY'S Community Workforce Agreement (CWA), a pre -hire collective bargaining agreement, which establishes the labor relations policies and procedures for CONTRACTOR to follow in the crafts persons employed to complete the WORK OF IMPROVEMENT as more fully described in the CWA. The CWA may be found on the City's website at: htty://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. FUNDING -RELATED PROVISIONS Funds from the Coronavirus State Fiscal Recovery 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 Agreement. As applicable, contractor shall comply with all 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 pf the American Rescue Plan Act of 2021 (the "Act"); b. US department of the Treasury ("Treasury") Final Rule for the Act, available at https://www.govinfo.gov/content/pkg/FR-2022-01-27/2022-00292.pdf, c. Treasury Compliance and Reporting Guidance for the Act, available at https://home.treasury.gov/system/files/136/SLFRF-Compliance-and-Reporting- Guidance.pdf; 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 "B" and incorporated herein by reference. Subcontracts, if any, shall contain a provision making them subject to all of the provisions stipulated in this Agreement. With respect to any conflict between such federal requirements and the terms of this Agreement and/or the provisions of state law and except as otherwise required under federal law or regulation, the more stringent requirement shall control. [signatures appear on following page] Page 3 of 4 IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTFCT- APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: 7ONATHAN T. MAR Z Assistant City Attorney RECOMMENDED FOR APPROVAL: ABIL SABA, PE Executive Director Public Works Agency CITY OF SANTA ANA ALVARO NUNEZ City Manager CONTRACTOR: Bridgerock Construction, Inc. NAME: Austin Henig TITLE: PRINCIPAL Page 4 of 4 EXHIBIT A BID PROPOSAL CITY OF SANTA ANA PROPOSAL PROJECT NO.: 23-6035 SANTA ANA EL SALVADOR PARK RESTROOM REMODEL BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: Bridgerock Construction Inc. REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the following schedule: Stem Description Qty Unit Unit Price Amount I ElSialvitdorPnrkltcstmomlmpmvcmeuts 1 LS 352,540 s 352,540 2 As-buills I Ls $2,000 $ 2,000 3 Consnvctionpermit 1 LS '000 S 5,000 TOTAL BASE BID $ 359,540 Item Description Qty Unit Unit Price Amount A 4m vS $ so,000 $ 58-99i3 The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add -alternate bid items (if any). * The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the "25%" limit as stated in Section 7-3.5 of the Standard Specifications. The actual P-1 ofP-18 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 23-6035 SANTA ANA EL SALVADOR PARK RESTROOM REMODEL amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. t This bid item is considered a Specialty Item per Section 3-2 of the Standard Specifications. TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within number (100) working dos after the commencement date stated in the Notice to Proceed. The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $3,600 per calendar day. Name of Finn Bridgerock Construction Inc. Signature of BIDDER Title Principal (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) P-2 ofP-18 EXHIBIT B FEDERAL CONTRACT PROVISIONS EXHIBIT B FEDERAL CONTRACT PROVISIONS During the performance of this Construction Contract, CONTRACTOR shall comply with all applicable federal laws and regulations including, but not limited to, the federal contract provisions in this Exhibit. 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 (Appendix II to Part 200 (B): Remedies for Breach: Termination for Cause/Convenience. The Contract Documents include remedies for breach and termination for cause and convenience. (b) Appendix II to Part 200 (C) — Equal Employment Opportunity During the performance of this Construction Contract, CONTRACTOR agrees as follows: (i) The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (ii) The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of the CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (iii) The CONTRACTOR will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the CONTRACTOR's legal duty to furnish information. (iv) The CONTRACTOR will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the CONTRACTOR's commitments rev. 09101/2017 Page 1 of 10 under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (v) The CONTRACTOR will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (vi) The CONTRACTOR will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (vii) In the event of the CONTRACTOR's noncompliance with the nondiscrimination clauses of this Construction Contract or with any of the said rules, regulations, or orders, this Construction Contract may be canceled, terminated, or suspended in whole or in part and the CONTRACTOR may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (viii) The CONTRACTOR will include the portion of the sentence immediately preceding paragraph (i) and the provisions of paragraphs (i) through (vii) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The CONTRACTOR will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event the CONTRACTOR becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States. The CITY further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the CITY so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the Construction Contract. The CITY agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of the CONTRACTOR and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. 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 Page 2 of 10 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 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. Page 3 of 10 (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. (I) Appendix II to Part 200 F) — Rights to Inventions Made Under a Contract or Agreement Not applicable to this Construction Contract. (g) Appendix II to Part 200 (G) — Clean Air Act and Federal Water Pollution Control Act (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 a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such CONTRACTOR is required to verify that none of the CONTRACTOR, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (ii) CONTRACTOR must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (iii) This certification is a material representation of fact relied upon by CITY. If it is later determined that CONTRACTOR did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the CITY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (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 farther agrees to notify the CITY in writing immediately if CONTRACTOR or its subcontractors are not in compliance during the term of this Construction Contract. Page 4 of 10 (i) Appendix IT to Part 200 (I) Byrd Anti -Lobbying Act: CONTRACTORS that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. CONTRACTOR must sign and submit to the CITY the certification regarding lobbying attached hereto as Attachment "I" and incorporated herein by this reference. 0) Appendix II to Part 200 Q) — 5200.323 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." (k) Appendix II to Part 200 (K) — 5200.216 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 Page 5 of 10 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) Anoendix II to Part 200 (L) — &200.322 Domestic Preferences for Procurement: (i) CONTRACTOR shall, to the greatest extent practicable, purchase, acquire, or use goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subcontracts. (ii) For purposes of this section: (1) "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (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 (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(t) 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: Page 6 of 10 (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 Subaward and Executive Compensation Information, 2 C.F.R. Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference. (iii) OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury's implementing regulation at 31 C.F.R. Part 19. (iv) Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference. (v) Governmentwide Requirements for Drug -Free Workplace, 31 C.F.R. Part 20. (vi) New Restrictions on Lobbying, 31 C.F.R. Part 21. (vii) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations. (c) Compliance with Federal Statutes and Regulations Prohibiting Discrimination. CONTRACTOR agrees to comply with statutes and regulations prohibiting discrimination applicable to the CSLFRF program including, without limitation, the following: (i) Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury's implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance. (ii) The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability. (iii) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance. (iv) The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury's implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance. (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. Page 7 of 10 (d) False Statements. CONTRACTOR understands that malting 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: management; enforcement agency; (1) A member of Congress or a representative of a committee of Congress; (2) An Inspector General; (3) The Government Accountability Office; (4) A Treasury employee responsible for contract or grant oversight or (5) An authorized official of the Department of Justice or other law (6) A court or grand jury; or (7) A management official or other employee of CONTRACTOR, or a subcontractor who has the responsibility to investigate, discover, or address misconduct. (1) Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), CONTRACTOR is encouraged to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company -owned, rented or personally owned vehicles, and encourage its subcontractors to do the same (g) Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), CONTRACTOR should encourage its employees and subcontractors to adopt and enforce policies that ban text messaging while driving, and CONTRACTOR should establish workplace safety policies to decrease accidents caused by distracted drivers. (h) Assurances of Compliance with Civil Rights Requirements. The Civil Rights Restoration Act of 1987 provides that the provisions of this assurance apply to the Project, including, but not limited to, the following: Page 8 of 10 (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.tep.gov. (iv) CONTRACTOR acknowledges and agrees that compliance with this assurance constitutes a condition of continued receipt of federal financial assistance and is binding upon CONTRACTOR and CONTRACTOR's successors, transferees and assignees for the period in which such assistance is provided. (v) CONTRACTOR agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the CONTRACTOR and the CONTRACTOR's subcontractors, successors, transferees and assignees: The subcontractor, successor, transferee and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq), as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made apart of this contract (or agreement). Title VI also extends protection to persons with "Limited English proficiency" in any program or activity receiving federal financial assistance, 42 U.S. C. § 2000d et seq., as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made apart of this contract (or agreement). (vi) CONTRACTOR understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury, this assurance obligates the CONTRACTOR, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structure is used for a purpose for which the federal financial Page 9 of 10 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. If CONTRACTOR makes sub -awards to other agencies or other entities, CONTRACTOR is responsible for assuring that sub -recipients also comply with Title VI and all of the applicable authorities covered in this assurance. Page 10 of 10 MEMORANDUM To: Alvaro Nunez, City Manager Date: November 05, 2024 Nabil Saba, Executive Director From: Public Works Agency Subject: Public Works Contract Authorization per Ordinance No. NS-3041 PROJECT NO. 22-1416 EL SALVADOR RESTROOM IMPROVEMENTS RECOMMENDED AUTHORIZATION Award a construction contract to Bridgerock Construction Inc., the lowest responsive bidder, in accordance with the base bid in the amount of $359,540, with an estimated total cost of $408,370 (Project 22-1416) CITY MANAGER'S CONTRACTING AUTHORITY FOR PUBLIC WORKS CONTRACTS Per Ordinance No. NS-3041, the City Manager is authorized to bind the City to public works contracts in an amount not to exceed $500,000. BID RESULTS Bids for Public Works Project No. 24-1416 were received electronically via the City's web-based electronic bidding system, PlanetBids, on September 9, 2024. The following is a summary of the bid results: RANK BIDDER'S NAME LOCATION BASE BID 1 Bridgerock Construction Inc. La Puente $359,540 2 Metro Builders & Engineers Group, Newport Beach $466,000 Ltd. 3 Estate Design and Construction Los Angeles $425,880 4 KBCI Rowland Heights $522,222.22 5 Ambit Construction & Design, Inc. Los Angeles $642,000 6 Global Builders Inc. Laguna Hills $598,888 7 Developers General Contracting Inc. Irvine $620,203 8 Stallworth Construction and Palmdale $830,832 Management Corp 9 MBC Enterprises Inc. Westminster $880,880 Public Works Contract Authorization per Ordinance No. NS-3041 Project No. 22-1416 EL SALVADOR RESTROOM IMPROVEMENTS Page 2 Nine bids received were deemed responsive. Bridgerock Construction Inc. submitted the lowest responsive bid in the amount of $359,540 Based on the bid analysis and a contractor's reference check, staff recommends awarding the construction contract Bridgerock Construction Inc. in the amount bid. FISCAL IMPACT To deliver a complete project, in addition to the construction contract, the estimated total cost to deliver the project also requires construction administration, inspection, and testing, along with an allowance for contingencies to account for unexpected or unforeseen conditions. As indicated in the Cost Analysis (Exhibit 2), the estimated total construction delivery cost of the project is $408,370. The following table summarizes the funds budgeted to deliver construction of this project: Funds associated with the project were originally appropriated in Fiscal Year 2024-25. However, because the award of the purchase order has crossed into a new fiscal year, a request to carryover funds in the accounts below will be submitted as part of the Citywide carryover process. The following table summarizes the funds budgeted to deliver construction of this project: Accounting Unit - Accounting Unit — Fiscal Year Account No. Fund Description Account Description Amount Project No. 18117013-66220 American Rescue ARPA— PWA, FY 2024-25 (22-1416) Plan Act (ARPA) Improvements Other $408,370 Than Building All funds are scheduled for expenditure in Fiscal Year 2024-25. However, any remaining balances not expended at the end of the Fiscal Year will be carried forward into FY 2025-26 for expenditure. APPROVALS aabil Saba, PE EC7 Kathryn Downs, CPA Executive Director Executive Director Public Works Agency Finance & Management Services Agency Exhibit 1: Location Map Exhibit 2: Cost Analysis CITY OF SANTA ANA PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER a Project Number Project No.22-1416 El Salvador Restroom Renovations Change Order Number 1 To BRIDGEROCK CONSTRUCTION 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 EXTRA WORK AT AGREED PRICE 1. To compensate the contractor for costs associated with relocating main power feed for the park lights out of the way of door openings for new restroom stalls. Installed a concrete floor box to slice connections and reroute conduit. PC0#1 dated 2/4/25. AGREED PRICE=$3,510.14 2. To compensate the contractor for costs associated with adjusting hollow metal doors to add 6" gap at bottom. PCO #2 dated 2/5/25 AGREED PRICE=$2,299.77 3. Credit for using restroom existing concrete footings and switching plumbing materials from cast iron to PVC. PCO#3 dated 2/10/25. AGREED PRICE = ($3,500.00) 4. To compensate the contractor for costs associated with replacing damaged 2x6 ceiling joists. PCO#5 dated 2/11/25. AGREED PRICE= $1,436.73 5. To compensate the contractor for costs associated with adding additional 2x6 support rafters at roof overhang where damage is visible. PCO#6 dated 4/5/25. AGREED PRICE=$2,141.96 6. To compensate the contractor for costs associated with priming and painting roof and trim. PCOV dated 4/22/25. AGREED PRICE =$5,260.56 Page 1 of 3 7. To compensate the contractor for costs associated to replace facia board and remove unused conduits. PCO #8 dated 4/22/25. AGREED PRICE =$3,880.48 8. To compensate the contractor for costs associated with planting ficus creeping pumila stake ripens throughout the landscape. PCO#9 dated 4/22/25. AGREED PRICE=$3,556.20 9. To compensate the contractor for costs associated with installing second deadbolt to restroom doors. PCO#10 dated 4/22/25. AGREED PRICE_$4,857.08 10. To compensate the contractor for costs associated with additional painting at pool storage building, CMU wall and replacing damaged facia. PCO#11 dated 5/14/25. AGREED PRICE_ $4,891.65 11. To compensate the contractor for costs associated with painting restroom rose mural. PCO#12 dated 5/17/25. AGREED PRICE =$7,600.00 TOTAL AGREED CHANGE ORDER=$35,934.57 Page 2 of 3 MEMORANDUM H To: Minh Thai, Assistant City Manager Date: June 2, 2025 From: Na ' aba, Executive Director of Public Works Subject: City Manager Signature Request: Change Order for El Salvador Restroom Renovations The Santa Ana Public Works Agency is requesting the City Manager's signature authorization for ❑ Agreement 0 Change Order ❑ Direct Payment Voucher ❑ Unauthorized Purchase ❑ Other: Vendor: Bridgerock Construction Inc. Service / Item Purchased: Ell Salvador Restroom Renovations (No. 22-1416) Amount: $35,934.57 (ARPA) Reason for this Request: Please execute enclosed Change Order for the subject project. This Change Order is to compensate the contractor for unforeseen conditions in the amount of $35,934.57 and for project enhancements requested by the City as detailed in the packet. This project is 90% complete and includes renovating the restroom at El Salvador Park. This Change Order will address layout conflicts encountered and improve the functionality and security of the restroom facilities. The change order will ensure structural integrity and safety of the building. During the course of construction, it was discovered that several ceiling joists and several roof rafters were compromised. The modifications will align with the City Parks department's standards for ensuring that all public restrooms are properly secured to prevent unauthorized access, vandalism or other security concerns. Upon execution of the proposed change order, the Project will retain approximately $19,773,73 in contingency funds. Staff anticipates this is sufficient to complete the project. If additional questions, please contact Deputy Public Works Director/Parks, Fleet, and Facilities Manager, Michael Ortiz. Thank you. MEMORANDUM Alvaro Nunez To: City Manager Date: May 20,2025 Nabil Saba, Executive Director From: Public Works Agency Project No. 22-1416 El Salvador Restroom Renovations Subject: Change Order 1 Provided below is the cost breakdown for Change Order#01 Project 22-1416 El Salvador Restroom Renovations CONTRACTOR : Bridgerock Construction Inc. 524 S 4t"Ave. La Puente, CA 91746 PROJECT DESCRIPTION: Project No. 22-1416 El Salvador Restroom Renovations CHANGE ORDER NUMBER: 1 CHANGE ORDER AMOUNT: $35,934.57 ACCOUNTING UNIT-ACCOUNT-ACTIVITY NUMBER: 18117013-66220-22141601029 - $35,934.57 JUSTIFICATION—UNFORESEEN CONDITIONS 1. Change Order Item #1.1 To compensate the contractor for costs associated with relocating main power feed for the park lights out of the way of door openings for new restroom stalls. Installed a concrete floor box to slice connections and reroute conduit. (PCO#1) This change order item addresses layout conflicts encountered. These adjustments were essential since the conduit was positioned in the path of door openings for the restroom stalls, which would have interfered with the operation of the doors and created a potential obstruction. AGREED PRICE: $3,510.14 JUSTIFICATION—PROJECT IMPROVEMENTS 2.Change Order Item#1.2: To compensate the contractor for costs associated with adjusting hollow metal doors to add 6" gap at bottom. (PCO #2) This change order item was initiated at the City's request to improve both the functionality and security of the restroom facilities. This modification ensures better air circulation, and reduces the potential for individuals to slip into the restroom unnoticed or to use the area for unintended purposes. AGREED PRICE: $2,299.77 Project 22-1416 Change Order No. 1 Page 2 of 4 3. Change Order Item#1.3: Credit for using restroom existing concrete footings and switching plumbing materials from cast iron to PVC. (PCO#3) This change order item was initiated by the City to receive a credit for utilizing existing concrete footings and switching to plumbing material for cost efficiency and practical considerations. By reusing the existing concrete footings, the city was able to reduce the need for additional excavation and concrete work. AGREED PRICE: ($3,500) 4. Change Order Item #1.4: To compensate the contractor for costs associated with replacing g p p g damaged 2x6 ceiling joists. (PCO#5) This change order item was initiated at the City's request to ensure the structural integrity and safety of the building. During the course of construction, it was discovered that several ceiling joists were compromised, either due to prior wear and tear, water damage, or other unforeseen factors. Damaged joists can lead to compromised load bearing capacity, which could result in ceiling instability or even structural failure over-time._-__ - - -- -----_ ---_--- AGREED PRICE: $1,436.73 i 5. Change Order Item#1.6: To compensate the contractor for costs associated with adding additional 2x6 support rafters at roof overhang where damage is visible. (PCO#6) This change order item was initiated at the City's request to ensure the structural integrity and safety of the building. During the course of construction, it was discovered that several roof rafters were compromised, either due to prior wear and tear, water damage, or other unforeseen factors. AGREED PRICE,: $2,141.96 G. Change Order Item #1.6: To compensate the contractor for costs associated with priming and painting restroom building roof and trim. (PCO#7) This change order item was added at the City's request to protect the long-term integrity of the structure and to address maintenance concerns. The roof had not been painted in quite some time, which resulted in a buildup of wear from exposure to the elements, including sun, rain, and temperature fluctuations. AGREED PRICE: $5,260.56 7. Change Order Item#1.7: To compensate the contractor for costs associated to replace facia board and remove unused conduits. (PCO#8) This change order item was initiated at the City's request to replace fascia board that had suffered significant deterioration due to weather exposure, age, and lack of maintenance. If left unaddressed, this could lead to further damage, including water infiltration, which might compromise the roof structure and cause costly long-term issues. Additionally, the unused conduits, were no longer serving any purpose, and removing will enhance the property's overall condition. AGREED PRICE: $3,880.48 8. Change Order Item #1.8: To compensate the contractor for costs associated with planting ficus creeping pumila stake ripens throughout the landscape. (PCO#9) Project 22-1416 Change Order No. 1 Page 3 of 4 This change order item was initiated at the City's request to enhance both the aesthetic appeal and functionality of the outdoor space, as well as helping deter vandalism, such as tagging or graffiti, on the building's walls. AGREED PRICE: $3,566.20 9. Change Order Item#1.9: To compensate the contractor for costs associated with installing second deadbolt to restroom doors. (PCO#10) This change order item was initiated at the City's request to enhance the security and safety of the facility. This modification aligns with the City Parks Department's standard for ensuring that all public restroom doors are properly secured to prevent unauthorized access, vandalism, or other security concerns. AGREED PRICE: $4,857.08 10. Change Order Item #1.10: To compensate the contractor for costs associated with additional painting at pool storage building, CMU wall and replacing damaged facia. (PCO#11) This change order item was initiated at the City's request to replace fascia board that had suffered significant deterioration due to weather exposure, age, and lack of maintenance. If left unaddressed, this could lead to further damage, including water infiltration, which might compromise the roof structure and cause costly long-term issues. Additionally, the pool storage building and CMU wall had not been painted in quite some time, which resulted in a buildup of wear from exposure to the elements, including sun, rain, and temperature fluctuations AGREED PRICE: $4,891.65 11. Change Order item #1.11: To compensate the contractor for costs associated with painting restroom rose mural. (PC0#12) This change order item was initiated at the city's request to paint a mural at the restroom building was made to enhance the aesthetic appeal of the space while also supporting local artists and fostering community pride.Additionally, this initiative aligns with the city's commitment to supporting the arts and enhancing public spaces in ways that are both creative and meaningful. AGREED PRICE: $7,600.00 TOTAL AGREED PRICE: $35,934.57 Project 22-1416 Change Order No. 1 Page 4 of 4 CONTRACT COST SUMMARY Amount % of Contract Original Contract Total $359,540.00 Construction Contingency $35,954.00 10.00% Council Authorized budget $395,494.00 Amount % of Contract Original Contract Total $359,540.00 Change Order#1 $35,934.57 Increase 9.99% Adjusted Contract Total $395,474.57 9.99% SCHEDULEIMPACT Zero (0) additional working days. Michael Ortiz, PE; Deputy Direct r Jorge Ac ve un ing Manager Public Works Agency Public Wor agency APPROVED AS TO FUNDS AND ACCOUNTS: 1J aie�de,r,md3d��,zaz rise ror� Nabil a, PE; Executive Director $G Alexander Trinidad; Acting Executive Director Public Works Agency Finance & Management Services Agency FRIA— CITY OF SANTA ANA M+, PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number Project No. 23-1416 El Salvador Restroom Renovations Change Order Number 1 To BRIDGEROCK CONSTRUCTION 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 $ 35,934.57 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�� osnsl2025 Contractor Bridgerock Construction Inc. By �� Title Principal Austin Honig Approval recommended by Date Gz &Z 5 r 2U ORK GENCY EXEC E DIRECTOR Approved by �� Date �3tt'o zrl `CITYMANAGER Attest: i Date C�11 Y CLERK Page 3of3 ACORO® CERTIFICATE OF LIABILITY INSURANCE DATE1(/6�202rvYYY) 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 Phone: (951)694-0625 CONTACT Certificate Department Fax: (951)719-3350 NAME: PSA Realty&Insurance Services PHOIC,NE (951)694-0625 aC No; (951)719-3350 E-MAIL certs@,psainsurancexom PO BOX 72O ADDRESS: Temecula,California 92593-0720 INSURERS AFFORDING COVERAGE NAICi1 INSURER A: Associated Industries Insurance Company,Inc. 23140 INSURED INSURER B: Infinity Select Insurance Company 20260K Bridgerock Construction Inc INSURER C: Scottsdale Insurance Company 41297 524 S 4th Avenue INSURER D: Clear Spring Property and Casualty Company 15563 La Puente,CA 91746 Westchester Surplus Lines Insurance Company 10172 INSURER E: rP p Y INSURER F: COVERAGES CERTIFICATE NUMBER:24313 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 ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE POLICY NUMBER MMIDD/YYYY MMIDDIYYYYI LIMITS ✓ COMMERCIAL GENERAL LIABILITY AES125969900 1/9/2025 1/9/2026 1,000,000 EACH OCCURRENCE $ ACLAIMS-MADE ✓ rr DAMAGE TO RENTED OCCUR PREMISES Ea occuence1 $ 100,000 ✓ Y MED EXP(Any one person) s 5' 000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 ✓ POLICY PRO ❑ 2,000,000 JECT LOC PRODUCTS-COMPIOPAGG $ OTHER: $ B AUTOMOBILE LIABILITY 50013472201 1/9/2025 7/9/2025 COEa MBE SINGLE LIMIT $ 1,000,000 ANY AUTO BODILY INJURY(Per person) $ OWNED �/ SCHEDULED AUTOS ONLY AUTOS N BODILY INJURY(Per accident) $ PROPERTY DAMAGE HIRED ✓ NON-OWNED $ AUTOS ONLY AUTOS ONLY Par accident $ UMBRELLA LAB OCCUR CXS4040896 12/30/2024 12/30/2025 EACH OCCURRENCE $ 3,000,000 C 7 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 3,000,000 DED I I RETENTION$ N $ WORKERS OT D AND EMPLOYERSENSABIOTM ✓YIN CWCO2769201 1/9/2025 1/9/2026 STATUTE EERH ANYPROPRIETORIPARTNERIEXECUTIVE E.L.EACH ACCIDENT $ 1,000.000 OFFICERIMEMBER EXCLUDED? ❑Y N/A N (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000.000 If yes,describe under E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS below 1,000,000 L Contractors Pollution Liability N G48019307001 12/30/2024 12/30/2025 EacIt Pollution Condition 1,000,000 General Aggregate 2,000,00 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) City of Santa Ana, officers, agents, employees, and volunteers are named as additional insured when required by written contract, per company forms CG2033 0413 & CG2037 0704 attached. General Liability insurance is primary and non-contributory when required by written contract, per company form NX GL 009 OB 09 attached. Waiver of subrogation applies when required by written contract, per company form CG 24 04 05 09 attached. Excess Liability follows form over General Liability and Automobile Liability. 30 day notice of cancellation- 10 day notice of cancellation for non payment of premium. CERTIFICATE HOLDER CANCELLATION Holder's Nature of Interest:Additional Insured SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Risk Management Division 20 Civic Center Plaza AUTHORIZED REPRESENTATIVE Santa Ana,CA 92702 a�� / ) ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD APPROVED By Luisa Najera at 4:48 pm,Jan 06,2025 COMMERCIAL GENERAL LIABILITY CG 20 33 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured any person or additional insureds, the following additional organization for whom you are performing exclusions apply: operations when you and such person or This insurance does not apply to: organization have agreed in writing in a contract or agreement that such person or organization be 1. "Bodily injury", "property damage" or "personal added as an additional insured on your policy. and advertising injury" arising out of the Such person or organization is an additional rendering of, or the failure to render, any insured only with respect to liability for "bodily professional architectural, engineering or injury", "property damage" or "personal and surveying services, including: advertising injury" caused, in whole or in part, by: a. The preparing, approving, or failing to 1. Your acts or omissions; or prepare or approve, maps, shop drawings, 2. The acts or omissions of those acting on your opinions, reports, surveys, field orders, change orders or drawings and behalf; specifications; or in the performance of your ongoing operations for q, Supervisory, inspection, architectural or the additional insured. engineering activities. However, the insurance afforded to such This exclusion applies even if the claims against additional insured: any insured allege negligence or other wrongdoing 1. Only applies to the extent permitted by law; in the supervision, hiring, employment, training or and monitoring of others by that insured, if the 2. Will not be broader than that which you are "occurrence" which caused the "bodily injury" or required by the contract or agreement to "property damage", or the offense which caused provide for such additional insured. the "personal and advertising injury", involved the rendering of or the failure to render any A person's or organization's status as an professional architectural, engineering or additional insured under this endorsement ends surveying services. when your operations for that additional insured are completed. CG 20 33 04 13 ©Insurance Services Office, Inc., 2012 Page 1 of 2 r 2, "Bodily Injury" or "property damage" occurring C. With respect to the insurance afforded to these after: additional insureds, the following is added to a. All work, including materials, parts or Section III—Limits Of Insurance: equipment furnished in connection with The most we will pay on behalf of the additional such work, on the project (other than insured is the amount of insurance: service, maintenance or repairs) to be 1. Required by the contract or agreement you performed by or on behalf of the additional have entered into with the additional insured; insured(s) at the location of the covered or operations has been completed; or 2. Available under the applicable Limits of b. That portion of"your work" out of which the Insurance shown in the Declarations; injury or damage arises has been put to its intended use by any person or organization whichever is less. other than another contractor or This endorsement shall not increase the subcontractor engaged in performing applicable Limits of Insurance shown in the operations for a principal as a part of the Declarations. same project. Page 2 of 2 O Insurance Services Office, Inc., 2012 CG 20 33 0413 POLICY NUMBER; AES1259699 00 COMMERCIAL GENERAL LIABILITY , CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organ zation s : Location And Description Of Completed Operations All persons or organizations where written contract with Various locations as per written contract with the the Named Insured requires additional insured com- Named Insured pleted operations coverage. This form does not apply to your work on "residential property". Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products- completed operations hazard". CG 20 37 07 04 ©ISO Properties, Inc., 2004 Page 1 of 1 0 POLICY NUMBER:AES1259699 00 COMMERCIAL GENERAL LIABILITY NX GL 009 08 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTING INSURANCE (THIRD-PARTY) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Third Party: All persons or organizations where required by written contract with the Named Insured (Absence of a specifically named Third Party above means that the provisions of this endorsement apply as required by written contractual agreement with any Third Party for whom you are performing work.) Paragraph 4.of SECTION IV: COMMERCIAL GENERAL LIABILITY CONDITIONS is replaced by the following: 4. Other Insurance: With respect to the Third Party shown above, this insurance is primary and noncontributing. Any and all other valid and collectable insurance available to such Third Party in respect of work performed by you underwritten contractual agreements with said Third Party for loss covered by this policy, shall in no instance be considered as primary, co-insurance, or contributing insurance. Rather, any such other insurance shall be considered excess over and above the insurance provided by this policy. NX GL 009 08 09 Page "I of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission POLICY NUMBER:AES1259699 00 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: All persons or organizations where required by written contract with the Named Insured Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 ©Insurance Services Office, Inc., 2008 Page 1 of 1 0