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Home My WebLink AboutHARDY AND HARPER, INC. Recording Requested By, Recorded in Official Records, Orange County .And When Recorded Mail To: Hugh Ngu yen, Clerk-Rec ord er of Santa Ana,Public Works Agency M22 I]II 111111111lull1111111111111111I1i�111ll1111111�11[111� 111111 N0 FEE 20 Civic Center Plaza,P.O.Box 1988 Santa Ana,CA 92702 * $ R Q O 1 k 2 9 5 b 8 1 $ 2023000082304 2:12 pm 04111/23 318 RW1A N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.000.000.00 0.00 THIS SPACE FOR COUNTY RECORDERS USE ONLY r3 � fl NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the undersigned City of Santa Ana, California, a municipal corporation, with the address of City Hall, 20 Civic Center Plaza, Santa Ana, California, 92701, is the owner of the property hereinafter described, that said owner has caused Q construction of Local Street Preventative Maintenance FY 20-21 under contract entered 0 M into on _June 1, 2021 with Hardy and Harper, Inc. on which contract Newport Beach-Alliant Insurance Services, Inc. is surety. The property on which Wo such work improvement was placed is in the City of Santa Ana, County of Orange, State of o California, and described as Project No. 21-6907 located at: various locations QThe work improvement on said property was accepted as completed on March 22, 2023. o � CITY OF SANT'ok ANA, MUNICIPAL CORPORATION w w 0 By Dated: l o' ? 3 Principal Ci it Engineer—Jason Gabriel _ TITLE D U VERIFICATION 1, the undersigned, say: I am the City Engineer — Rudy Rosas of the City of Santa Ana, California; I executed the foregoing Notice of Completion acting on behalf of the owner of the property therein described; I make this verification on behalf of said corporation by authorization of the City Council of the City of Santa Ana; I have read said notice and know the contents thereof, and I declare under penalty of perjury that the facts therein stated are true. Executed on A PX P L ]a Zv 2-3 , at Santa Ana,California City Engineer—Rudy Rosas THIS NOTICE OF COMPLETION MUST BE RECORDED WITHIN TEN(I0)DAYS AFTER COMPLETION INSURANCE N011 ON FILE WORK MAY NOT PROCEE0 JUN 3 0 1p11 CLERK OF COUNCIL CITY OF SANTA ANA DATE: CONSTRUCTION CONTRACT PROJECT NO. 21-6907 LOCAL STREET PREVENTATIVE MAINTENANCE FY 2020-21 This CONSTRUCTION CONTRACT is made and entered into this I" day of June, 2021 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 Hardy and Harper, Inc. (hereinafter "CONTRACTOR"). WITNESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the Local Street Preventative Maintenance FY 2020-21 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 fall payment to complete the WORK OF IMPROVEMENT the sum total amount not to exceed One Million Five Hundred Thirty -Two Thousand Dollars and No Cents ($1,532,000.00), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A." The BID PROPOSAL contains a schedule of unit price(s) or lump sums) 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. 09/012017 Page 1 of 3 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 timeftame 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. 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 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 3 (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. IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: DAISY GOMEZClerk of the Council Y! APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney J014N M. FUNK Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: NABIL SABA, PE Executive Director Public Works Agency CITY OF SANTA ANA City Manager CONTRACTOR: Hardy and Harper, Inc. NAME: TITLE: Page 3 of 3 Y20b21 hdal!, on 04.21NO2 I 2K -M jPDT' MOM19M., Bid RostAfts Bidder Details Vendor Narne Hardy & Harper, Ina, Address 32 Rancho Cliele Lake Forest, californio 92603 UnIfedstntes Rospondoe AsKile Qlamihard Rospondlele Title Bid Coordinator Phone 714444-1861 Fmall ablanchard@hardyandharper.corn Vender Type CAUR 1-3eense # 215952 CADIR Bid Det8i! Bid Format EloctranIG Submitted 0412112021 I,49PM(PDT) Delivery Method Bid Responsive Bid Status Submitted Camirma4on H 251064 Ranking 0 RespontjwO Comment Buyer Comment Attachments File Title File Name File Type CITY OF SANTAANA NONCOLLUSION -D4202021.pdt CITY OF SANTAANA NONC3LLUSION- 04202021.pdf Gerreral Are ' chmentg CITY OF SANTAANA OWNERSHIP AFFIDAVIT CITY OF SANTAANA OWKERSHIPAFFIDAVIT General 04202Q2I,pdf 04202071,pdf Attachments SANTA ANA - GENERALATTACHMENTS 0421202 I.pdf SANTAANA - GENERAL ATTACHMENTS 042 General12021.Pdf Attachments CITY OF SANTAANA RID BOND - 04202021.pdf CITY OF SANTAANA DID BOND -04202021,pdf General Attachmen(t CAY W mu Au Paps W 3 L'I'll nn. Pre.,Wltfll ur,z FY f"J'Ifnp nn 04,. INV, 1 do -M WW I'll. i EXHIBIT A Une Itema DiscauntTenns NoUstount cm mom 4v tokpd. 4W W."Ou mAat SF 7NW4 %wm' symuma Yas 520 immm, W� .Somw ya IN 99) WI.MM IWAWOM Y% t MAO= W 4F 4MG -4".,5w U1,00WA Y4 j sr Iwo know "Smav ft . TV Vu looww slkwbw ye,a it EA x MISAM Sra,foc.ppai Y. 12, 4hkk5d"4 LP, I: tla-Mow $lw."VDWV )u la: vlg.'C+km m I Sloop" QAW.mw Y,+ a0goo6 kmom Yo Ift SUMOMOG 336lm"m FA B. WoMW SOMV0,0 Y. 19 tbdpGr r4m L4 1 slpOwwou SMOWAM: Y" so Ow "P.4"WIs Vito Vs. Woo Y*"nWA.TAOM Q 0OVWvi 21 T - ANUMM KnUAW 0.1.940, 11M .5Efi5M 2-V ,.n25 Aa"Famrswnt tdl 1) ioWD woo PA.M. A, GM M AIII "Ill Ifl,,11 FY fpl'w bid,1141, V, V,l* INU.' 1 2V.- PM WD!, EXHIBIT A Line Item SUbtotals Snow TRIq UnnTatal Rasedultow (-I - 19) Aox,uNutfonIor SDO. 3-20t SlMdand NOT pan OfTOW1 8kfC.o.WlOa $0.000a r.Wld Total z StM1605.000 CITY OF SANTA ANA PROPOSAL EXHIBIT A PROJECT NO.: 2.1-6907 LOCAL STREET PREVENTATIVE MAINTENANCE FY 20-21 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 stilted in Section 3-2 Of the Standard Specifications. The actual arnount,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. This bid item is considered a Specialty Item per Section 2-3,2 of the Standard Specifications, TIME rOR COMPLETION OP IMPRfJVEM] NT5 ANI} I IQUTAATET? DAMACrT S The undersigned bidder berDbyproposes to complete the Work for the total base bid amount shown above, within, number Sixty (60) working days after the comirioncemerit date stated in the Notice to Proceed. The liquidated damages amount, in licii of the amount specified in Subsectjoll 6-9 of the - Standard Specifications, shall be $4,000 per calendar day. Z Z Name ofFirm Hardv & Harper, Inc. /IZZ Signature of BIDDER Title Michael Murray - Vice PresIdent (If an individual, go state. If a firm or Go - pat tner.1filp, state the firm name and give the names of all individual co-pintriors composing the firm, If a corporation, state legal name of corporation, and names of ]'resident, Secretary, Treasurer and Manager, thereof) Please see the attached. P-2 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-6907 LOCAL STREET PREVENTATIVE MAINTENANCE FY 20-21 BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: H Of-6W � 1 of ptfl I ()& 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 fumish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the following schedule: Item Description Qty Unit Unit Price Amount I Unclassified Excavation* 430 CY $1 5 $'� OS 1 2 Cold Mill (2")* 386,890 SF $ b.l q $ US[ 3 Asphalt Concrete (AC) Pavement* 5,250 TN $ 0 $ 4 Rubberized Emulsion Aggregate 950 TN $ S� $ ry 5 Lj 0 Slurry (REAS) Type II* D 1 5 PCC Curb & Gutter (A-2-6)* 460 LF $ $ 6 PCC Curb Ramp* 4,000 SF $ / ?,S b s D 0 (i I O 7 PCC Sidewalk* 3,500 SF $3-20 2p 01 20 0 '0 1 8 PCC Cross Gutter* 7,800 SF $ $ 9 Tree Root Shave* 25 EA $ sb $ ( 12S 10 Adjust Manhole Frame & Cover to 20 EA $ �� $ 0 � Finished Grade I Adjust Water Valve Frame & 20 EA $�� $ Cover to Finished Grade 12 Crack Sealing I LS $ l t j$ 1 l 13 Protection of Surface Utility 1 LS $ $ Frames and Covers ISO() 14 1 Remove existing striping, 1 LS $ 010 OD $ 1 � II,, D D V pavement legends, and markers vD i Iq tSpD 3ibb.D P-1 ofP-17 ra �,; i :.M__ '-.�.-F. da�.•e xe _�,.'.-may a ,.nr- i� � t,3ma�x-. _ ...._..:... - ., ._. CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-6907 LOCAL STREET PREVENTATIVE MAINTENANCE FY 20-21 Item escription Qty Unit Unit Priee Amount 15 Install Traffic Loops Type E and D Bike loops 6 EA $ o o $ 371 i p D O 16 Signing & Striping I LS SibtD00 $3), Do 0 17 Project Advertisement Sign 2 EA $ -1 C p $ l lsp d 18 Construction Permit 1 LS $15,000 $15,000 TOTAL BASE BID (Bid Items 1-18) $ 7 T f\Tn•Ofl The lowest responsible bidder shall be selected based on the total base bid. The City re right to award the Base Bid, and any, all, or none of the add-altemate bid items (if any). * The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the " 25%" limit as stated in Section 3-2 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. t This bid item is considered a Specialty Item per Section 2-3.2 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 Sixty (60) working days after the commencement date stated in the Notice to Proceed. The liquidated damages amount, in lieu of the amount specified in Sybsect n 6-9 of the Standard Specifications, shall be $4,000 per calendar day. Name of Firm Signature of BIDDER Title Michael Murray - Vice Pent (If an individual, so state. If a firm or co-partnerAip, 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) Please see the attached. P-2 of P-17 & Harper, Inc. A" 04mam 32 RANCHO CIRCLE LAKE FOREST, CA 92630 (714)444.1651 FA8(714)444-2801 STATE LIC. NO, 21595E DIR NO, 1000000076 Hardy & Harper, Inc. S. Corporation 32 Rancho Circle. Lake Forest, CA 92630 Dan T. Maas — President, Chief Financial Officer Michael Murray —Vice President Tanner Hambright —Vice President KristenS. Paulino— CorporateSecretary CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-6907 LOCAL STREET PREVENTATIVE MAINTENANCE FY 20-21 BIDDER'S STATEMENT BIDDER understands and agrees that this Bid Proposal, Contract Documents and subsequent Construction Contract Agreement shall constitute the entire agreement between BIDDER and the AGENCY only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Public Works Agency Executive Director or his/her duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to BIDDER or deposited with the United States Postal Service properly addressed to the BIDDER with the correct postage affixed thereto. BIDDER further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish AGENCY all required bonds and certificate of liability insurance within ten (10) business days or the funds, check, draft, or BIDDERS bond substituted in lieu thereof accompanying this proposal shall become the property of the AGENCY and shall be considered as payment of damages due to the delay and other causes suffered by AGENCY because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered is difficult to ascertain; otherwise said funds, check, drafts, or BIDDER'S bond substituted in lieu thereof shall be returned to the undersigned. BIDDER understands that a bid is required for the entire work, the estimated quantities set forth in the bid schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. The BIDDER also certifies that the bid is a balanced bid. In accordance with Section 7028.15 of the California Business and Professions Code, the undersigned certifies under penalty of perjury that the foregoing is a and correct. Name of Firm Hardy & Harper. Inc. Signature of BIDDER Title Michael Murray- Vice Pr€sident (If an individual, so state. If a firm or co-p hip, state the firm name and give .the names all individual co-partners composing the fi . If a corporation, state legal name of cotpolatic and names of President, Secretary, Treas rer and Manager, thereof.) Please see the attached. P-3 of P-17 & Harper, Inc. A" WN*4a" 52 RANCHO CIRCLE LAKE FOREST. CA 92690 (714) 2M-0851 FAX (714) 444-2801 STATE UC. NO. 215952 DIR NO, 1000MO76 Hardy & Harper, Inc. S. Corporation 32 Rancho Circle. Lake Forest, CA92630 Pan T. Maas —President, Chief Financial Officer Michael Murray —Vice President Tanner Ham bright —Vice President Kristen S. Paulino— Corporate Secretary CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-6907 LOCAL STREET PREVENTATIVE MAINTENANCE FY 20-21 CONTRACTOR'S LICENSING AND REGISTRATION STATEMENT The undersigned contractor, or corporate officer, declares under penalty of perjury that he/she and all his/her subcontractors are registered with the State of California Department of Industrial Relations (DIR), and that the following is true and correct. Contractor's Name: Hardy & Harper Inc Business Address: 32 Rancho Circle Lake Forest CA 92630 Business E-Mail Address: ablanchardnhardyandharaer corn Telephone: 714-444-1851 State Contractor's License No. and Class: 215952; A, C-8 & C12 License Expiration Date: 12/31/2021 State Dept. of Industrial Relations (DIR) Registration No.: State Dent. of Industrial Relations (DIR) Registrat Signed: Title: 1000000076 P-4 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-6907 LOCAL STREET PREVENTATIVE MAINTENANCE FY 20-21 PREVAILING WAGE COMPLIANCE AND MONITORING STATEMENT Contractor is aware of the requirements of California Labor Code Section 1720, et seq., as well as California Code of Regulations, Title 8, Section 16,000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The undersigned certifies that the foregoing is true and correct. Name of Firm Signature of BIDDER Title Michael Murray - Vice (if an individual, so state) P-5 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-6907 LOCAL STREET PREVENTATIVE MAINTENANCE FY 20-21 OWNERSHIP AFFIDAVIT STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS: CITY OF SANTA ANA ) Michael Murray being duly swom, deposes and says: ❑ INDIVIDUAL That he/she is the party making the foregoing proposal: ❑ PARTNERSHIP That he/she is a member of the co -partnership firm designated as: and who has been and is duly vested with the authority to make and execute instruments for the co -partnership by: who constitute the other members of the co -partnership. IN CORPORATION That he is of Viva PreSkiant of Hnrfly & Harper, Inn a corporation which is making the foregoing proposal: ❑ JOINT VENTURE That he is of: one of the parties making the foregoing proposal as a joint venture, and the he/she has been and is duly vested with the authority to execute instruments for an on behalf of the parties making said bid who are: that such a bid is genuine and not collusive or sham, and has not in any manner sought by collusion to secure any advantage against theA of Santa Ana or any person interested in the proposed contract, for himself or any other son. Signature of Bidd Ichael M - Vice President Subscribed and sworn to a me this day of 20 _ Signature of officer Administering Oath (Notary Public) P-6 of P-17 CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE § 8202 �N.FIF[`hNN - rncN�•nrr - � �K`- cNCC- - �T!` _ �M _ _ _ _ _ _ _ _ ® See Attached Document (Notary to cross out lines 1-6 below) ❑ See Statement Below (Lines 1-6 to be completed only by document signer(s], not Notary) x Signature of Document Signer No. 1 Signature of Document Signer No. 2 ilf any) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate Is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange AS"LANCHARD { COMM. k2279550 Ill_: m ` NNotary Public -California C ORANGE COUNTY a Comm. Fxplres March 3.2023 Seal Place Notary Seal Above Subscribed and sworn to (or affirmed) before me on this 20 day of April 20 21 , by Date �Month Year (1) m� CA01- 4 rnV — (and (2) ), Name(l) of Signer( J proved to me on the basis of satisfactory evidence to be the person(s) who appearedbeforeme. Signature Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: 02014 National Notary Association • www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #t5910 MY OF SANTA ANA BondNo. CSBA-17262 PROPOSAL PROJECT NO.: 21-6907 LOCAL STREET PREVENTATIVE MAINTENANCE FY 20-21 KNOW ALL PRESENT that, Hardy & Harper, Inc. , as BIDDER, and Fidelity and Deposit Company of Maryland , as SURETY, are held and firmly bound unto the CITY OF SANTA ANA, as AGENCY, in the penal sum of _ Ten Percent of Amount Bid Dollars ($ 10% ), which is ten percent (100/0) of the total amount bid by BIDDER to AGENCY for the above -stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to AGENCY for the above -stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seal this 12th day of April , 2021 . BIDDER* Hardv & Harper. Inc. 32 Rancho Circle 777 South Figueroa Street, Suite 3900 Fidelity and Deposit Conipany of Maryland Los Angeles, CA 90017, (213) 270-0600 DMght Reilly, Aftomey-in-Fact, 1411 t Subscribed and sworn to before me , 20_ Signature: Notary Public in and for the County of , State of this day of Provide BIDDER/ SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. P-7 ofP-17 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) On 04/12/2021 before me, Melissa Ann Vaccaro, Notary Public (insert name and title of the officer) personally appeared Dwight Reilly who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. MeuSSAANNvaccaao COMM. M2241394 n Notary Pubilc-Callfornla ORANGE COUNTY ¢ C My comm. bplres May 12, 2py2u Signature _ 1�Seal) Melissa Ann Vaccaro Bond No. CSBA-17262 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND PQWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies'l, by Robert D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and we hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Daniel HUCKABAY, Dwight REILLY, Arturo AYALA, Shaunna ROZELLE OSTROM, Frank MORONES, Ben STONG, Michael D, STONG and R. NAPPI, all of Orange, California, EACH its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf m surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 15th day of January, A.D. 2020. Or (.(Z-p b a 4�•., .i� aew ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Robert D. Murray Vice President By: Dawn E. Brown Secretary State of Maryland County of Baltimore On this 15th day of January, A.D. 2020, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D. Murray, Vice President and Dawn L Brown, Secretary of the Companies, to me personally known to be the individuals and officers described in and wlm executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, depowth and with, that haWie is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority taxi direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Scal the day and year first above written. F�+te"Mm, �rri h �ty4G�y" a` Constance A. Dann, Notary Public ,f ayt�nm'so�t,+- My Commission Expires: July 9,2023 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attomevs-in-Fact The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attomey-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE 1, the undersigned, Secretary of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in fu0 force and effect on the date of this certificate; and 1 do further certify that Article V, Section 8, of the By. Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney ...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994. and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the IOth day of May, 1990. RESOLVED:'Tbat the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of anomey issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies. this 12th day of April - 2021 , s By: Brian M. Hodges Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 www.reportsfclaims(&&=ichna.com 900-6264577 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange ) On April 12. 2021 before me, Ashlie Blanchard, Notary Public Date Here Insert Name and Title of the Officer personally appeared of who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/slife/they executed the same in his/her/their authorized capacity(ies), and that by his/har/their signature(t) on the instrument the person(sr), or the entity upon behalf of which the person(s) acted, executed the instrument. ASHLIE BLANCHARO i Cloy COMMNotary Public -California e ORANGE COUNTY r._mm. Expires March 3,2023 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. i� _% � all �1,d�'(/„rV/ Signature Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator n Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Titie(s): Ll Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2014 National Notary Association • www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-6907 LOCAL STREET PREVENTATIVE MAINTENANCE FY 20-21 LIST OF SUB -CONTRACTORS Section 4100 et. seq. of the Public Contract Code requires listing of all subcontractors with the bid for all subcontract work exceeding the following amount: o Streets, highways including bridge projects: '/2% of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: Vz% of the bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIR). BIDDER proposes to subcontract certain portions of the work to the firms listed below: Name aV,& &nf C D O. ` n .S License #/Exp. D 0 DIR Reg. #/Exp. 0 Location Phone Type Of Work Amount $ r44 Ste- UI�� Name VQ License #/Exp. D DIR Reg. #/Exp. U00 License # Location u r 1_ Phone ll Type Of Work 0 Amount $ I 1 i f)l9� -St( 1p6 Name I n 1 License #/Exp. DIR Reg. #/Exp. ti7flt�pt I I l�ID License # Location f n hi (.Ifi Phone �p Type Of Work �-tt Amount $ t t (/ t 1910 O Name ---Ll License #/Exp. DIR Reg. #/Exp. Location Phone Type Of Work Amount $ Name 97(l ul1lt' l t License #/Exp. (I 21 q G DIR Reg. #/Exp. License # I MOO 01 UN Location Phone LVJUT.M1 Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $ Signature ol� er Michael r,y y - Vice President P-8 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO,: 21-6907 LOCAL STREET PREVENTATIVE MAINTENANCE FY 20-21 The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER has performed similar work within the past three years. 1 Please see attached - Hardy & Harper, Inc. References. Name and Address of Owner. 2. 3. Name and Telephone Number of person familiar with project. Contract Amount Type of Work Name and Address of owner. Name and Telephone Number of person familiar with project. Contract Amount Name and Address of owner. Type of Work Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed Date Completed Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. Fidelity & Deposit Company of Maryland - 777 S. Figueroa St. Los Angeles, CA 90017 - 213-270-0600 Commercial Surety Bond Agency - 1411 N. Batavia St. Orange, CA 92867 - 714-516-1232 P-9 of P-17 PUBLIC WORKS REFERENCES AttachmentA 2017/2019 Owner/Agency Contact Project (Amount & Completion Date) City of Jurupa Valley 8930 Limonite Ave Juru a Valley, CA 92509 Mike Myers (951) 332-6464 mm rs Iuru avalle .or T.R.I.P Pavement Rehab, Phase I $1,254,012.21 03/17 City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Frank Tran (949) 644-3340 ftrananewportbeachca,gov MacArthur Blvd Pavement Rehabilitation $2,142 045.66 3/17 City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Romeo M. David (909) 477-2740 I2omeo.Davl cit ofrc.us Red Hill Park Pedestrian Trail Renovation Project $171,888,70 3/17 City of Signal Hill 2175 Cherry Ave Signal Hill, CA 90755 Anthony Caraveo (562) 989-7352 8carave00dtvofsigna1hi11.ora Willow Street Improvement Project $922,100.43 6/17 City of Laguna Hills 24035 El Toro Rd Laguna Hills Frank Tran (949) 644-3340 ftran new ortbeachca. ov Arterial Pavement Mngmt. Project Street Rehabilitation $1,375,406.90 6/17 City of Highland 27215 Base Line Highland, CA 92346 John Egan (909) 890-1255 a an erscinc.corn West Highland Bikeways Infrastructure & Pavement Imprv. $2,67$ 788.77 7/17 City of Irvine One Civic Center Plaza Irvine, CA 92623 Brian Brown (949) 724-6000 bbrown(ftilyofirvine.org Yale Ave Rehabilitation Irvine Center Drive Bid No, 17-1160 $2,453 343,83 7/17 City of Pasadena 100 N. Garfield Ave Pasadena, CA 91109 Tony An (626) 744-7403 tanDcityofDasadena.net Preventative Maintenance of Street 2016 $945,932.59 8117 City of Ontario 303 East B Street Ontario, CA 91764 Miguel Sotomayor (909) 395-2108 msotoma or ontarioca. ov ATP Cycle I Safe Routes to School Sidewalk Imprv. $824,850.88 10/17 City of Inglewood One Manchester Blvd Inglewood, CA 90301 Hunter Nguyen (310) 412-5333 IhhunterQdk&fingIe&R2gUr Streets & Alleys Rehabilitation Project $2 639 330.06 11/17 PUBLIC WORKS REFERENCES Attachment 2017/2019 Owner/Agency Contact Project (Amount & Completion Date) City of Covina Chris Marcarello Grand Ave. Street 125 E. College (626) 384-5490 Rehabilitation Fed Project Covina, CA 91723 Dwacovinaca.gov NO.:STPL-5118(020) $3,030,000.00 5/18 City of Rancho Palos Verdes Ron Dragoo Residential St. Rehab. Project 30940 Hawthorn Blvd. (310)544-5252 Rancho Palos Verdes CA 90275 kwol Icf.ca. av $2 227,000.00 5/18 City of Downey Edwin. Norris CIP No. 18-02 Residential St. 11111 Brookshire Ave. (562) 904-7110 Pavement Rehab. Project Downey, CA 90241 enorri downe ca.or $1 808 000.00 03/19 City of Dana point Matthew Sinacori Arterial Roadway Resurface & 33282 Golden Lantern (949) 248-3500 Pavement Preservation Project Dana Point, Ca 92629 msinacori dana oint.or $3,993,000.00 1/18 City of Fountain Valley Fatana Temory Resurface & Rehab. Of Euclid 10200 Slater Ave. (714)593-4433 Street from Slater Ave. to Fountain Valley, CA 92708 fatana.TemoryafountlanyalleV.orn Warner ave. No. TI-271 $1,077,000.00 9/18 City of Pomona Public Works Major Street Improvements 505 South Garey Ave. (909)620-2261 Pomona, CA 91766 pwenginearingAdpornona.ca,us $3.839,000.00 8/18 City of Lancaster Luis Garibay 2018 Sidewalk, Curb & Gutter 44933 Fern Ave. (661)723-6110 Repairs Lancaster, CA 93534 garbibayacityofiencaster.org $1,976 000.00 12118 City of Tustin Mario Medina FY 2017-18 Roadway Rehab. & 300 Centennial way (949)394-8955 Sidewalk Repair Project Tustin,CA 92780 mmedina tustinca.or $1 575 125.00 10 /18 City of Vernon Daniel Wall Downey Road Improvements 4305 S. Santa fe Ave. (323) 583-8811 x305 Vernon, CA 90058 PublicWorksBids ci.vernon.ca. $2,584,000.00 1/17 City of Diamond Bar Jason Williams Residential &Collector Road 21810 Copley Drive (909)839-7050 Rehab. Project PUBLIC WORKS REFERENCES Attachment 2017/2019 Bar, CA 91765 1jailiamsadiamondbarca.aov 1$1,551,000.00 12/1 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-6907 LOCAL STREET PREVENTATIVE MAINTENANCE FY 20-21 ADDITIONAL REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER or Subcontractor has performed similar work in the past five years. Please see attached - Han Name and Address of Owner. & Harper, Inc. Refere Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed 2. Name and Address of owner. 3. Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed Name and Address of owner. Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. Fidelity & Deposit Company of Maryland - 777 S. Figueroa St. Los Angeles, CA 90017 - 213-270-0600 Commercial Surety Bond Agency - 1411 N. Batavia St. Orange, CA 92867 - 714-516-1232 P-10 of P-17 Project Title, Amount & Completion Owner/Agency Contact Info Date City of Huntington Beach Joseph Fuentes Nichols Lane Rehabilitation 2000 Main Street 714-536-5431 From Slater Ave to Warner Ave Huntington Beach, CA 92648 ifuentes@surfcity-hb.ora $644,000.00 9/2016 City of Cathedral City Bill Simmons Date Palm Dr & Cathedral Canyon 68-700 Avenida Lalo Guerrero 760-770-0340 Pavement Rehabilitation Cathedral City, CA 92234 bsimmons cathedralcit . ov $939,000.00 11/2016 City of Moreno Valley Henry Ngo Edgemont Neighborhood 14177 Federick Street 951-413-3100 Pavement Rehabilitation Moreno Valley, CA 92552 henryn@moval.ors $383,000 12/2016 City of Chino Hills Fe Rama FY 2016-2017 Street Improvement 14000 City Center Drive 909.364-2600 Project Chino Hills, CA 91709 frama@chinohills.ora $1,039,000.00 12/2016 County of San Bernardino Melinda Barnes Slover Ave Phase II 825 East 3rd Street 909-387-7920 San Bernardino, CA 92415 mebarnes@dpw.sbcounty.aov $2,405,020,32 1/2017 City of Newport Beach Frank Tran MacArthur Blvd Pavement 100 Civic Center Drive 949.644-3340 Rehabilitation Newport Beach, CA 92660 ftran newportbeachca goy $2,142,045.66 3/2017 County of Las Angeles Jose Pou 124th Street Et. Al 900 S Fremont Ave 626-458-2191 RDC0013372 Alhambra, CA 91803 4Pou@dvw.lacounty.gov $4,304,600.00 12/2014 City of Palos Verdes Estates Jack Rydell FY 14/15 Street Resurfacing 340 Paloo Verdes Dr. West 310-378-0383 Project 14-07 Palos Verdes Estates, CA 90274 iackrvdell@caaprofessionals.com $1,187,987.00 12/2014 City of Tustin Eddy Jan 2013-14 Roadway Rehabilitation 300 Centennial Way 714-573-3157 & Sidewalk Repair project Tustin, CA 92780 eian@andpen.com $1,491,543.00 12/2014 City of Pasadena Richard Yee Preventitive Maintenance Street 100 N. Garfield Ave 626-744-4643 Fed ID NO. STPL-5064(081) Pasadena, CA 92570 Richardvee@cityofpasadena.net $1,518,231.24 8/2015 City of Cypress Nick Mangkalakiri 2008/09 Overlay Project 5275 Orange Ave 714-229-6729 Cypress, CA 90630 nmanekalakiri@cypressca.ore' $1,366,000.00 6/2009 City of Huntington Beach Eric Charlonne Rehabilitation of Center 2000 Main Street 714-536-5430 Magnolia & Springdale Huntington Beach, CA 92648 echarlonne@surfcity-hb.org $2,393,000.00 9/2012 City of Laguna Niguel Frank Borges 10-11Overlay & sub Drain 27791 La Paz Road 949-362-4325 Improvement Laguna Niguel, CA 92677 fborges@ci.laguna-niguel.ca.us $1,573,000.00 4/2011 City of Desert Hot Springs Hal Goldenberg 2012 Street Rehabilitation 65-950 Pierson Blvd 760-329-6411 Program Phase 2 Desert Hot Springs, CA 92240 haoldenbere@cltvofdhs.ora $1,212,000.00 11/2012 City of Perris Chris Sunde 2012 Grind & Overlay 101 N "D" Street 951-943-6504 Rehabilitation Perris, CA 92572 chris@trilakeconsultants.com $789,000,00 11/2012 City of Pasadena Elvin Jiang 2009 Resurfacing of Streets 100 N. Garfield Ave 626-744-6912 Pasadena, CA 92570 elviniiang@cityofpasadena.net $4,473,000.00 12/2010 City of Laguna Niguel Frank Borges Marina Hills Neighborhood 27791 La Paz Road 949-362-4325 Pavement Rehabilitation Project Laguna Niguel, CA 92677 fborges@ci.laguna-niguel.ca.us $3,738,000.00 5/2018 County of Riverside Trai Nguyen Murrieta Hot Springs Road 3525 14th Street 951-961-5363 Riverside, CA 92501 tnguven dML, b&oynty.goV $1,305,000.00 4/2014 City of Westminster Tuan Pham Brookhurst Street 8200 Westminster Blvd 714-548-3456 Westminster, CA92683 toham@westminster-ca.gov $1,116,920.00 3/2014 City of Riverside Steve Howard Arterial Street Maintenance 3900 Main Street 951-826-5708 Riverside, CA 92501 showard riversideca. ov $4,444,000.00 3/2014 City of Jurupa Valley Mike Myers TRIP Pavement Rehabilitation 8939 Limonite Ave 951-332-6464 Phase I Jurupa Valley, CA 92509 mmvers@iuruyavaliey.org $1,254,012.21 3/2017 City of Laguna Hills Kenneth H. Rosenfield Arterial Pavement Management 24035 EI Toro Rd (949) 707-2655 Project Street Rehabilitation Laguna Hills, CA krosenfield@lagunahilisca.gov laeunahillsca.g_ov $1,275,406.90 5/2017 City of Highland John Egan West Highland Bikeways 27215 Base Line 909-890-1255 Infrastructure & Pavement Improv Highland, CA 92347 iegan@erscinc.com $2,678,788.77 7/2017 City of Irvine Brian Brown Yale Ave Rehabilitation Irvine One Civic Center Plaza 949.724-6000 Center Drive Irvine, CA 92623 bbrown@citvofirvine.org $2,453,343.83 7/2017 City of Riverside Steve Howard Minor Street Maintenance 3900 Main Street 951-826-5708 Riverside, CA 92501 showard@riversideca.gov $1,543,000.00 4/2014 County of San Bernardino J.D Gayman San Bernardino Ave 825 East 3rd Street 909-387-7924 San Bernardino, CA 92415 d a man@dpw.sbcounty.gov $1,577,000,00 6/2014 City of Inglewood Hunter Nguyen Street & Alleys Rehabilitation One Manchester Blvd 310-412-5333 Project Inglewood, CA 90301 hhnter@citvofinglewood.org $2,639,330.06 11/2017 City of Laguna Niguel Frank Borges St. Christopher Neighborhoods 3D111 Crown Valley Parkway 949-362-4325 & Via Vetti Pavement Rehabilitation Laguna Niguel, CA 92677 fborges@ci.laguna-niguel.ca.us $1.226.861.00 9/2015 City of Norco Bill Thomas FY 2015-16 Annual Minor Street 2870 Clark Ave 951-735-3900 Rehabilitation Phase I Norco, CA 92860 bthomas@ci.norco.ca.us $777,000.00 10/2015 City of Simi Valley Fuad Shamout FY 2015-16 Annual Minor Street 2929 Tape Canyon Road 805-318-0661 Rehabilitation Simi Valley, CA 93063 Lshamout@simlvalley,org $1,213,960.50 11/2015 City of Walnut Natalie Avila Area 1 & 2 Street Resurfacing 21201 La Puente Rd 909-594-9702 project (Walnut CA91789 Inavilagorkaarouo.com I$1,076,200.00 11/2015 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-6907 LOCAL STREET PREVENTATIVE MAINTENANCE FY 20-21 NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is pa of the Proposal. BIDDERS are cautioned that making a false certificatio may subject the certifier to criminal prosecution. '# , Signed State of California County of Subscribed and sworn to (or affirmed) before me on this day of , 20, by proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me Notary Public Signature Notary Public Seal P-11 of P-17 CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE § 8202 27 See Attached Document (Notary to cross out lines 1-6 below) ❑ See Statement Below (Lines 1-6 to be completed only by document signer(s), not Notary) Signature of Document Signer No. t Signature of Document Signer No. 2 (if any) A notary public or other officer completing this certificate verifies only the identity of the Individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ASHLIE BLANCHARD rS, COMM. B2279550 N `-�''=._�,�.�rf'�'/'. Notary Public -California (,p �',ORANGE COUNTY . My Comm. Expires March 3,202 Seal Place Notary Seal Above Subscribed and sworn to (or affirmed) before me on this 20 day of April 20 21 by Date Month Year � a \0"d (1) LA (and (2) ), Name() of Signer( ) proved to me on the basis of satisfactory evidence to be the person(s) who appeared befforre, me. k o � '- Signature Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Signer(s) Other Than Named Above: Document Date: 02014 National Notary Association • www.NationatNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5910 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-6907 LOCAL STREET PREVENTATIVE MAINTENANCE FY 20-21 ON -DISCRIMINATION CERTIFICATE The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: 1. The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. P-12 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-6907 LOCAL STREET PREVENTATIVE MAINTENANCE FY 20-21 The Contractor shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request that the United States enter into such litigation to protect the interests of the United States. S. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any contractor of public works violating this Sec tj is subject to all the penalties imposed for a violation of the Chapter. Signed: Title: Michael Firm: Hardy & Harper, Inc. v Date: 04/20/2021 P-13 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-6907 LOCAL STREET PREVENTATIVE MAINTENANCE FY 20-21 STATEMENT REGARDING APPRENTICESHIP REQUIREMENTS The undersigned BIDDER is familiar with the requirements of Section 1777.5 of the State Labor Code regarding employment of apprentices, and understands that contractors on contracts exceeding $30,000 or 20 working days shall: 1. Apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. 2. Employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards. 3. Contribute to the fund or funds in each craft or trade in which he/she employs journeymen or apprentices on the public work, in the same amount or upon the same basis and in the same manner as the other contractors, except contract s not signatory to the trust agreement shall pay a like amount to the California Apprentice Council. Signed: IV f Title: Michael Murray - Vice Pres' e Firm: Hardy & Harper, Inc. Date: 04/20/2021 P-14 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-6907 LOCAL STREET PREVENTATIVE MAINTENANCE FY 20-21 STATEMENT REGARDING "ANTI -KICKBACK" REQUIREMENTS The undersigned is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with the Copeland "Anti -Kickback" Act (18 USC 74) as supplemented in the Department of Labor regulations (29 CFR, Part 3). This act provides that each contractor or subcontractor shall be prohibited from inducing, by any means, any person employed in the construction or repair of public work, to gy}te�up any part of the compensation to which he/she is otherwise entitled. Signed: Title: Firm: Hardy & Harper, Inc. Date: 04/20/2021 P-15 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-6907 LOCAL STREET PREVENTATIVE MAINTENANCE FY 20-21 PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE In conformance with Public Contract Code Section 10162, the BIDDER shall complete, under penalty of perjury, the following questionnaire: Has the BIDDER, any officer of the BIDDER, or any employee of the BIDDER who has a proprietary interest in the BIDDER, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No X If the answer is yes, explain the circumstances in the following space. P-16 of P-17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-6907 LOCAL STREET PREVENTATIVE MAINTENANCE FY 20-21 STATEMENT REGARDING COMMUNITY WORKFORCE AGREEMENT (CWA) REQUIREMENTS This is to certify that the undersigned BIDDER, and subcontractors, have read and understood the CWA entered into by and between the City of Santa Ana, the Los Angeles/Orange Counties Building and Construction Trades Council, and the signatory Craft Councils and Local Unions, effective as of September 1, 2017. The CWA is available at: http://www.santa-ana.ore/l)wa/documents/CWA.pdf The undersigned BIDDER hereby agrees to comply with all terms and conditions of the CWA, and is capable of completing construction of the project continuously, and without interruptions or delays. If awarded any work covered by the CWA, BIDDER will also be required to sign the Letter of Assent that appears as Attachment A to the CWA. The undersigned BIDDER has reviewed the Public deposit described in Section 2-2a and the Notice of In, Signed: Title: Firm: Hardy & Date: 04/20/2021 :s Construction Permit and required Bids. P-17 of P-17 FILED APR? 6 2021 ORAN u TYCLE .-ECORDERDEPARTMENI MAYOR Vicente Sarmlanlo MAYOR PRO TEM David Penaleza COUNCIL MEMBERS Phil Baoerra Johnathan Ryan Hernandez Jessie Lopez Nelldo Mendoza Thal Viet Phan ow"My 0.00 50.00 0.00 0.00 0.00 0,00 0.00 0.00 W PUBLIC WORKS AGENCY 20 Civic Center Plaza (M-30) P.O. BOX 1988. Santa Ana, California 92702 (714) 647-0690 • FOX (714) 647-SM vrwm.oarda.ana.org CITY MANAGER Kristine Ridge C17YATTORNEY Sohla R. Carvalho CLERK OF THE COUNCIL Daley Gomez NOTICE OF EXIEiVIPTIOiV From the Requirements of the California Environmental Quality Act (CEQA) Fee Exemption per California Government Code Section 6103 To: COUNTY CLERK Prom: City of Santa Ana County of Orange Public Works Agency PA. Box 238 20 Civic Center Plaza (M-36) Santa Ana, CA 92702 Santa Ana, CA 92702 Project Title: Local Street Preventative Matnt. Project Number(s): PWA-2021-397- CITY (21-6907) Project Location: Citywide NO FEE h I R City: Santa Ana County: Orange ER Number: ER-2021.38 Date of Approval: 07107/2020 ) Project Description: The project Includes slurry seat, cold mill; removal & replacement of asphalt concrete pavement, curb ramp, arose gutter; repair sidewalk, curb and gutter; and signing and striping. Applicant Name: City of Santa Ana, Public Works Agency Applicant Address: 20 Civic Center Plaza W36 Santa Ana, CA 92702 Name of Public Agency Approving Project City Council Name of Agency Carrying Out Project: Public Works Agency TED 2u2t Exempt Status: \= • Ministerial (See, 16268) ORANO QLER .RECORRERDEPARTMEN' • Declared Emergency (Sec. 16269 (a)) Bv:- I EPurr O Emergency Project (Sec. 15269 (b through a)) ID General Rule (Sec. 15061(b)(3)/(5)) 0 Statutory Exemptiorc M Categorical Exemption: 16301(b) Reason(s) Why Project is Exempt From CEQA: 15301(b) consists of existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities. City Contact: Kenny Nguyen Title: Senior Civil Engineer Telephone: (714) 647-5632 Signature: 11r" Date: —April 5,2021 Ylnaanla 3amrlentn Mayor SANTA ANA CITY COUNCIL Jessie Lopez I Phil Beeeve 'I Johnameo The Orange County Register 1771 S. Lewis Street Anaheim, CA 92805 714-796-2209 5211379 CNSB / CNSB-ACCOMMODATIONS 915E 1ST ST ORDER EXPEDITING LOSANGELES, CA 90012.4050 FILE NO. CNS-3455954 AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, SS. County of Orange I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested In the above entitled matter. I am the principal clerk of The Orange County Register, a newspaper of general circulation, published in the city of Santa Ana, County of Orange, and which newspaper has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, under the date of November 19, 1905, Case No. A-21046, that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: 0410112021, 04/09/2021 I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct: Executed at Anaheim, Orange County, California, on Date: April 09, 2021. Signature PROOF OF PUBLICATION Legal No. 0011452557 a- ance/Purchosing- divisiorvvendor- registration Do not call Pur- chasing Division regarding Public Werks Agency 2rojec"' Scope of work: The project in- cludes slurry seal, cold mill; removal & re- placement of as- phalt concrete Pavement, curb ramp, cross gut- ter; repair side- walk, curb and gutter; and sign- ing and striping. Prior to bid open- ing, Bidders must possess or obtain a valid California Class %' Contractor's license. This project is subject to com- Pliance monitor- ing and enforce- ment by the State of California De- partment of In- dustrial Rela- tions, Per Section 1771.4.a.1. A Con- tractor or sub- contractor must be registered with the Deport- ment of Industri- al Relations Pri- or to submitting a bld. In accordance with the provi- sions of the Cali- fornia Labor Code, Prevailing wage rates apply 4/1, 4/9/21 CNS-3455954# ORANGE COUNTY REGISTER 1111111111N IIIII IIII IINI IINI IIII�IiII IINI IIIII IIIII hill IIIII III IIII ,LP1-'W16116 THE FINAL PREMIUM IS This bond was issued in two (2) PREDICATED ON THE CITY OF SANTA ANA original counterparts FINAL CONTRACT AMOUNT BONDS Bond No. 7665959 PROJECT NO.: 21-6907 Premium: $7,141.00 KNOW ALL MEN BY THESE PRESENTS that Hardy & Harper Inc. as CONTRACTOR, and Fidelity and Deposit Company of Maryland a corporation, organized and existing under the laws of the State; and duly authorized to transact business under the laws of the State of California, as SURETY, are held and firmly bound unto the City of Santa Ana, as AGENCY, in the penal sum of One Million Five Hundred Thirty -Two Thousand and 00/100 Dollars ($1 532,000.00 ), which is 100 percent of the total contract amount for the above stated project, for the payment of which sum, CONTRACTOR and SURETY agree to be bound, jointly 'of Illinois and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract Agreement with AGENCY dated June 1st, 2021 for Project No. 21-6907, Local Street Preventative Maintenance FY 20-21 if CONTRACTOR faithfully performs and fulfills all obligations in the performance of the Work of Improvement to be done under said Contract Agreement in the manner and time specified therein, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY; provided that any alterations in the obligations or time for completion made pursuant to the terms of the contract documents shall not in any way release either CONTRACTOR or SURETY, and notice of such alterations is hereby waived by SURETY. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seal this 3rd day of June /, 2021 . * Hardy & SURETY* Fiddrity armlDqpbsit Company of Dwight Reilly, Attorney -in -Fact Subscribed and swom to before me, 20 Signature: Notary Public in and for the County of 32 Rancho Circle Lake Forest, CA 92630, (714) 444-1851 777 South Figueroa Street, Suite 3900 Los Anaeles. CA 90017, (213) 270-0600 State of this day of Rate of premium on this bond is $6.60 / $4.85 / $4.40 per thousand. Total amount of premium charge is $ 7,141.00 . To be filled in by Surety *Provide CONTRACTOR /ADMITTED SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. 1 of 3 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) On 6/3/2021 before me, Melissa Ann Vaccaro, Notary Public (insert name and title of the officer) personally appeared Dwight Reilly , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. MELISSA ANN VACCARO WITNESS my hand and official seal Ow COMM.#22413sa b ;' Notary Public -California ORANGE Ci a f _ \\ My Comm. Expires May 12, 2022 Signature (\�J `'QSC O�n7 (Seal) Melissa Ann Vaccaro CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange ) On June 3, 2021 before me, Ashlie Blanchard, Notary Public Date Here Insert Name and Title of the Officer personally appeared of who proved to me on the basis of satisfactory evidence to be the person(t) whose names) is/axe subscribed to the within instrument and acknowledged to me that he/slKe/they executed the same in his/her/their authorized capacity(iac), and that by his/hxr/their signature(a� on the instrument the person(, or the entity upon behalf of which the person(s) acted, executed the instrument. ASHLIE BLANCHARD t t� _ COMM. #2279550 N hf t - Notary Public -California rc j �' ORANGE COUNTY a orb h9y Comm. Expifes March 3, 2023 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hhaA{� fdnd and official seal. Signature ✓ 1aId w�16 Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Bond No. 7665959 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY - KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY;a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,. a corporation: of the State of Illinois, and the FIDELITY, AND DEPOSIT COMPANY OF MARYLAND a corporation of the State. of Illinois (herein collectively called. the "Companies"), by Robert D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8,.of the By -Laws of said Companies, which are set forth on the reverse side hereof and arehereby certified tobe in full force and effect onthe date hereof, do hereby nominate, constitute, and appoint Daniel HUCKABAY,. Dwight REILLY, Arturo AYALA,Shaunna ROZELLE. OSTROM, Frank MORONES,. Ben STONE,. Michael D. STONG and R. NAPPI, all. of Orange; California, EACH its true andlawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for,. and on its behalf as surety, and as itsact and deed: any and all bonds and undertakings, andthe execution of such bonds or undertakings in pursuance of these presents, shall: be as binding upon said Companies,as fully and amply, to all intents andpurposes, as. if they had been duly executed and acknowledged by the regularly elected officers. of the ZURICH AMERICAN INSURANCE COMPANY at its office in. New York, New York., the regularly elected officers of theCOLONIAL-AMERICAN CASUALTY AND SURETY COMPANY at itsoffice in Owings. Mills, Maryland., mid the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., intheir own: proper persons. The said Vice President does hereby certify that theextract set forth on the reverse side hereof is a true copy of Article V,.. Section 8, of the By -Laws of said'. Companies, and is now in force. IN WITNESS WHEREOF, the. said Vice -President has hererme, subscribed his/her names and affixed: the. Corporate Seals of the said ZURICH. AMERICAN INSURANCE. COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,. this15th day of January, A.D, 2020. ikso ATTEST:. - ZURICH AMERICAN. INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY / FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Robert D, Murray Vice President - By:: Dawn F, Brown. Secretary State of Maryland - County. of Baltimore _ On this ISth. day of January;. AD: 2020, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and. qualified, Robert D. Murray, Vice. President and: DawnK. Brawn, Secretary: of the Companies,. to me personally known to be the individuals andofficersdescribedin and: who executed the preceding instrument, and acknowledged the: execution of same, andbeing by me duly sworn, deposeth and saith, thathe/she: is the said: . officer of the Company aforesaid,and that the seals affixed to the preceding, instrument are: the Corporate Seals of said.: Companies, and that: the said: Corporate Seals andthe signature as such officer were duly affixedand subscribed to the said instrument by the: authority slid direction of the. said Corporations : IN TESTIMONY WHEREOF, I have hereunto set my hand and: affixed my Official Seal the day and yearfirst above written. h Constance A. Dunn, Notary :Public '„lam,'alam, 3A' _ My Commission Expires: July 9,2023 LryrupaP-1ti _ THE FINAL PREMIUM IS PREDICATED ON THE FINAL CONTRACT AMOUNT CITY OF SANTA ANA BONDS PROJECT NO.: 21-6907 PAYMENT BOND This bond was issued in two (2) original counterparts Bond No. 7665959 KNOW ALL MEN BY THESE PRESENTS that Hardy & Harper Inc. as CONTRACTOR, and Fidelity and Deposit Company of Maryland a corporation, organized and existing under the laws of the State; and duly authorized to transact business under the laws of the State of California, as SURETY, are held and firmly bound unto the City of Santa Ana, as AGENCY, in the penal sum of One Million Five Hundred Thirty -Two Thousand and 00/100 Dollars ($1 532 000.00 ), which is 100 percent of the total contract amount for the above stated project, for the payment of which sum, CONTRACTOR and SURETY agree to be bound, jointly and severally, firmly by these presents. 'of Illinois THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract Agreement with AGENCY dated June 1st 2021 for Project No. 21-6907 Local Street Preventative Maintenance FY 20-21 if CONTRACTOR or any subcontractor fails to pay for any labor or material of any kind used in the performance of the Work of Improvement to be done under said Contract Agreement, or fails to submit amounts due under the State Unemployment Insurance Act with respect to said labor, SURETY will pay for the same in an amount not exceeding the sum set forth above, which amount shall insure to the benefit of all persons entitled to file claims under the State Code of Civil Procedures; provided that any alterations in the work to be done, materials to be furnished, or time for completion made pursuant to the terms of the contract documents shall not in any way release either CONTRACTOR or SURETY, and notice of said alterations is hereby waived by SURETY. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seal this 3rd day of June , 2.021 . CONTRACTOR* Michael Murr`ag SURETY* Fidelity and De Company of Dwight Reilly, AttorneyAff'-Fact 1411 N. Batavia St., Suite Subscribed and sworn to before me, 20 Signature: Notary Public in and for the County of 32 Rancho Circle 777 South Figueroa Street, Suite 3900 State of 92867, (714) 516-1232 this day of Rate of premium on this bond is $ Included in Perf. Bond per thousand. Total amount of premium charge is $ Included in Pert. Bond . To be filled in by Surety *Provide CONTRACTOR / ADMITTED SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. 2 of 3 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) On 6/3/2021 before me, Melissa Ann Vaccaro Notary Public (insert name and title of the officer) personally appeared Dwight Reilly , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. =Public-California ACCARO WITNESS my hand and official seal. iasa << alifornia rcNTY aMay 12, 2022 Signature `s 1 1C\� (Seal) Melissa Ann Vaccaro CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL .. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On June 3 2021 before me, Ashlie Blanchard Notary Public Date Here Insert Name and Title of the Officer personally appeared of who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/acre subscribed to the within instrument and acknowledged to me that he/sKe/they executed the same in his/her/their authorized capacity(let), and that by his/Inmr/their signature(s) on the instrument the person(W, or the entity upon behalf of which the person(x) acted, executed the instrument. ASHLIE BLANCH t COMNI. $2279550 m �,'�r Notary Public -California r[ °��`,y� Poly Comm. Expires March 3, 2023 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand a{/ndd(official seal. Signature / 1" t, Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Bond No. 7665959 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELYPY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: 'That the ZURICH AMERICAN INSURANCE. COMPANY, a corporation of the State of New, York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a carpet'ation of the State oIIIllinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in fall force and effect on the date hereof, do hereby nominate, constitute, and appoint Daniel IIUCKABAY, Dwight REILLY, Arturo AYALA, Shaunna ROZELLE OSTROM, Frank MORONS, Ben STONG, Michael D. STONG and R. NAPPI, all of Orange, California, EACH its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in. New York, New York., the regularly elected officers of the. COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at .its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. _ The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and frtpimm AND DEPOSIT COMPANY OF MARYLAND, this 15th day of January, AD. 2020, �,rrr'tuspq;.*�. q wtay, Jim ATTEST: ZURICII AMERICAN INSURANCE. COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OFMARYLAND By: Robert D Murray Vice President By Dawn E. Brown Secretary State of Maryland County of Baltimore On this 15th day of January, A.D. 2020, before the subscriber, a Notary Public of the State of Maryland, duly eonunissioned and qualified, Robert I). Murray, Vice President and Hawn R,Brown, Secretary of the Companies, to me personally known to be the individuals and offieers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that be/she is the said ofGeor of the Company aforesaid, and that the seals affixed to the preceding instrument are [he Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. o-- Constance A. Dunn, Notary Public ayyr Tsai*. My Commission Expiros:duly9,2023 CITY OF SANTA ANA PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number 21-6907 - Local Street Preventative Maintenance Project Change Order Number 1 To Hardy and Harper 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 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 lime. Change requested by PUBLIC WORKS AGENCY EXTRA WORK AT AGREED PRICE 1. Install asphalt speed hump with thermoplastic striping (PCO#02) Total cost = $20,010.00 2. Compensate the contractor for loss of production due to contractors equipment damaged by unforeseen buried manhole on Central Avenue. (PCO#03) Final cost = $4,080,65 TOTAL COST: $24,090.65 Page 1 of 2 CITY OF SANTA ANA PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number 21-6907 - Local Street Preventative Maintenance Project Change Order Number 1 To Hardy and Harper 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 RV TUE riTv rni WC11 no riry &Amerce 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 $ 24,090.65 By reason of this order the CONTRACT TIME completion will be adjusted asfollows: Ten (10) additional working days. We the undersigned contractor have given careful consideration to the change proposed and hereby agree, if this proposal is approved, thatwe 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 II 2Z 1 2021 contractor Hardy and Harper Inc. By n Title -X..a.r TIf1Q PhG, CC� rae�x MCtn[tAer Approval recommended by - r^ Dale x� ` 2oZf PUBLIC WORKS AGENCY IXECUTIVE DIRECTOR Approved by� Data CaMANAGER Page 2 of 2 Project No. 21-6907 Local Street Preventative Maintenance Contract Funding Authorization/Expenditures Summary Council Authorization Construction Contract Construction Contingency Staff Authorized Construction Contract Change Order 1 Actual Expenditures $ 1,532,000.00 $ 358,300.00 Total $ 1,890,300.00 $ 1,532,000.00 $ 24,900.65 Total $ 1,556,900.65 Progress Payment 1 $ Estimated Progress Payment $ Change Order 1 Total $ CITY 4F SANTA ANA PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number _21-6907 - Local Street Preventative Maintenance Project Change Order Number 2 To Hardy and Harper 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 APPROVEO 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. Compensate the contractor for loss of production and remobilization of installation of speed hump due to vehicle blocked the construction location on Shelton Street. (PCO#04) Final cost = $7,127.54 TOTAL COST: $7.127.54 Page 1 of 2 CITY OF SANTA ANA PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number 21-6907 - Local Street Preventative Maintenance Project Change Order Number 2 To Hardy and Harper 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 COSTTHIS CHANGE ORDER: DECREASE $ INCREASE $ 7,127.54 By reason of this order the CONTRACT TIME completion will be adjusted as follows: None 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, famish 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, Dale 2 2DZZ Contractor Hardy and Harper Inc. By rue eta ?horn - proiecr manmer Approval recommended bA( r..1, Q )� 426 Date `L/'�f' 'l ir22 rrBLIC��WORKSS GLNCYEXECUTNE DIRECTOR Approved by l/GlDate CITY MANAGER Page 2 of 2 0 N N 0 CITY OF SANTA ANA PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number 21-6907 - Local Street Preventative Maintenance Project Change Order Number 3 To Hardv and Harper 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. Additional costs of mobilization, cold milling, paving, and striping two inches of existing pavement at West Central Avenue. City received a credit of $22,875.65 for bid item no.4 'Rubberized Emulsion Aggregate Slurry (REAS) Type II that the contractor attempted to install. (PCO #5) Final cost = $102,718.56 TOTAL COST: $102,718.56 Page 1 of 2 CITY OF SANTA ANA PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number 21-6907 - Local Street Preventative Maintenance Project Change Order Number 3 To Hardy and Harper 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 $ 102,718.56 By reason of this order the CONTRACT TIME completion will be adjusted as follows: None We the undersigned contractor have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that weWill 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, Dale Contractor Hardy and Harper Inc. By Tile k-4 'Approval recommended by.,-�^--�-4 h Dale 5j J 17 /y7-6 2 �j (/'' PP�UBII�CWORKSAGENC IXECUTIVE DIRECTOR Approved by p.i— � � Date Z CITYMANAGER Page 2 of 2