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HomeMy WebLinkAboutHARDY & HARPER, INC. (12) Recording Requested By, And When Recorded Mail To: Recorded in Official Records, Orange County City of Santa Ana,Public Works Agency M22 Hugh Nguyen, Clerk-Recorder 20 Civic Center Plaza,P.O.Box 1988 N4 FEE Santa Ana,CA 92702 * $ R Q 0 1 4 9 3 2 3 1 6 $ 2024000113968 3:59 pm 05107/24 489 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 REUUKUhKN u�!)r,UNL Y r'ya. IT h_ 6 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 A construction of SANTA CLARA BIKE LANE & PEDESTRIAN IMPROVEMENT under contract entered into on NOVEMBER 16, 2022, with HARDY & HARPER INC., on which n a contract FIDELITY AND DEPOSIT COMPANY OF MARYLAND is surety. The property on a 0 which such work improvement was placed is in the City of Santa Ana, County of Orange, State c z of California, and described as PROJECT NO. 23-6997 located at LINCOLN AVENUE AND zW G � SANTA CLARA AVENUE. The work improvement on said property was accepted as 04 ow completed on April 24, 2024. � a Wo CITY OF SANTA A,A MUNICIPAL CORPORATION z By -- pDated: Principal_Civil Engineer—Sean Thomas Ua TITLE ------------------------------------------------------------------------------------------- VERIFICATION I, the undersigned, say: I am the City Engineer Rodolfo 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 MA r Y ?r7r, 2-o Z y , at Santa Ana, California City Engineer—Rodolfo Rosas THIS NOTICE OF COMPLETION MUST BE RECORDED WITHIN TEN(10)DAYS AFTER COMPLETION INSURANCE ON FILE WORK MAY PROCEED UNTIEF INSURANCE EXPIRES �t • N5 - -7- n23 CITY OF SANTA ANA CLERK OF COUNCIL CONSTRUCTION CONTRACT DATE, npr 9 2 im PROJECT 23-6997 SANTA CLARA AVE BIKE LANE AND PEDESTRIAN IMPROVEMENTS FROM LINCOLN AVE TO PASADENA ST ��i\ This CONSTRUCTION CONTRACT is made and entered into this 15th day of November, 2022 by and Levi vc J between the City of Santa Ana, California, a charter city and municipal corporation organized and existing J under the Constitution and laws of the State of California (hereinafter "CITY"), and Hardy & 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 Santa Clara Avenue Bike Lane and Pedestrian Improvements From Lincoln Avenue to Pasadena Street (hereinafter referred to as the "WORK OF IMPROVEMENT") identified in and in accordance with the Contract Documents prepared by the City's Public Works Agency and approved by the City Council. 2. The complete Construction Contract consists of the "Contract Documents" as defined by the Standard Specifications for Public Works Construction and which include the following: • Notice Inviting Bids • Information to Bidders • Bid Proposal • Bid Bond • Contract Form • Contract Bonds • General Provisions • Special Provisions • Technical Provisions and Project Plans • Community Workforce Agreement • Appendices In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Construction. 3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the WORK OF IMPROVEMENT the sum total amount not to exceed Three Million Four Hundred Thousand Dollars and No Cents ($3,400,000.00), 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 sum(s) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable. rev. 09/01/2017 Page I 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 timeframe therein specified after issuance of allotice to Proceed. 5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the WORK OF IMPROVEMENT a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law. 6. If applicable, the CONTRACTOR shall adhere to the CITY'S Community Workforce Agreement (CWA), a pre -hire collective bargaining agreement, which establishes the labor relations policies and procedures for CONTRACTOR to follow in the crafts persons employed to complete the WORT{ 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/owa/documents/CWA pddf CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY, one in the amount of One Hundred Percent (100%) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100%) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond shall also be required as a condition of project acceptance. For projects up to Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of Ten Thousand Dollars ($10,000) or Twenty Percent (20%) of the final contract price. For projects above Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of One Hundred Thousand Dollars ($100,000) or Ten Percent (10%) of the final contract price. 9. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker's Compensation 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: Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney JOHN FUNK Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: 4 NABIL SABA, PE Executive Director Public Works Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager CONTRACTOR: Hardy & Harper, Inc. ce Page 3 of 3 Payo, Mahina From: City of Santa Ana <certificate-request@ctrax jdidata.com> Sent: Friday, December 2, 2022 9:04 AM To: dserrano@hardyandharper.com; Rodriguez, Arturo; Castillo, Jose Gilbert; jchristianson@wooditch.com; mchurnock@hardyandharper.com; Payo, Mahina; Munoz, Sandra Subject: Internal Notice of Compliance NOTICE OF COMPLIANCE CITY STAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL Contractor Hardy & Harper, Inc. Name: Project 23-6997 Number: Project Santa Clara Ave Bike Lane And Pedestrian Improvements From Lincoln Name: Avenue To Pasadena Street The Certificate of Insurance (COI) submitted indicates that the coverages are in compliance with the insurance requirements. No further action is required at this time. The compliant coverage(s) are: TYPE OF INSURANCE POLICY EXPIRATIONNIIMBER COI DATE FILE NAME DATE COI Hardy & AUTOMOBILE LIABILITY AICAA0013900 04/15/2023 11/23/2022 Harper_23- 6997 GL_AL WC_Exp 4-15-23_pending.pdf 2022-2023 Certificate of GENERAL LIABILITY AICGA0013900 04/15/2023 11/30/2022 Insurance - Hardy& Harper, Inc. - City of Santa Ana.pdf 2022-2023 Certificate of PROF. LIABILITY PCNM50285302 04/15/2023 11/30/2022 Insurance - Hardy & Harper, hie. - City of Santa Ana.pdf WORKERS COMPENSATION AND A1CWA0013900 04/15/2023 09/28/2022 2022-2023 Certificate of EMPLOYERS' LIABILITY Insurance - Hardy & 1 CITY OF SANTA ANA PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number Project No. 23-6997 Santa Clara Avenue Bike Lane and Pedestrian Change Order Number 1 Improvements To Hardy & 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) Delete bid item quantities for items 3, 4, 5, 43, and add Items 1.01,1.02,1.03, and 1.04 . Item # Description Estimated Unit Unit Price Estimated Quantity Amount 3 Cold Mill (2") -7000 SF $3.00 ($21 000 00) 4 Asphalt Rubber Hot Mix -300 TN $275.00 ($82,500.00) 5 Rub. Emulsion Agg. Slurry -300 TN $825.00 ($247,500.00) 43 Adjust Fire Hydrant -9 EA $8,000.00 ($72,000.00) 1.01 Cold Mill Asphalt Pavement 92,972 SF $0.64 $59,502.08 (1.5"-0")(7' wide header cut) 1.02 Asphalt Concrete Surface 3900 TON $119.00 $464,100.00 Course (1.5")(Type III C3 PG64-10) 1.03 Adjust water valve frame and 51 EA $930.00 $47,430.00 cover 1.04 Adjust Manhole Frame and 25 EA $1,155.00 $28,875.00 Cover TOTAL AGREED COST: $176,907.08 Page 1 of 2 CITY OF SANTA ANA PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number Project No. 23-6997 Santa Clara Avenue Bike Lane and Pedestrian Change Order Number To Hardy & 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. TOTALCOSTTHIS CHANGE ORDER: DECREASE $ _______________ INCREASE $ 176,907.08 By reason of this order the CONTRACT TIME completion will be adjusted as follows: Twelve (12) working days. We the undersigned contractor have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all service necessary for the work above specified, and will accept as full payment therefor the prices shown above. Accepted, Date July 13 , 2023 Contractor Hardy & Harper, Inc. Digitally signed by MANE AYA1A DN:—MARIE AYALA, a=HARDY AND HARPER W.ema11=MAYALAl HARDYANDMWMCOM, c=US Dace: 202307.1314,08:23-02'W By Marie Ayala I Title project Manager Approval recommended §yr, I�ly S AA Date 7� 1-7 Z 3 UBLIC WORKS SAAGENCY �EXECUTIVE DIRECTOR Approved by ci I/Giv �z�"'� Date CITYMANAGER Page 2 of 2 Ruvalcaba, Angelica From: City of Santa Ana <certificate-request@ctraxjdidata.com> Sent: Tuesday, April 18, 2023 8:18 AM To: mmanlove@hardyandharper.com; Ruvalcaba, Angelica; Mai, Danny; Castro, Jose; jchristianson@wooditch.com Subject: Internal Notice of Compliance NOTICE OF COMPLIANCE CITY STAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL Contractor Hardy & Harper, Inc. Name: Project 23-6997 Number: Project Santa Clara Ave Bike Lane And Pedestrian Improvements From Lincoln Name: Avenue To Pasadena Street The Certificate of Insurance (COI) submitted indicates that the coverages are in compliance with the insurance requirements. No further action is required at this time. The compliant coverage(s) are: TYPE OF INSURANCE POLICY NUMBER EXPIRATION COI DATE FILE NAME DATE Certificate of AUTOMOBILE LIABILITY CAP3726117 04/15/2024 04/14/2023 Insurance 2023- 2024.pdf 2023-2024 Certificate of Insurance - GENERAL LIABILITY CLP3726116 04/15/2024 04/14/2023 Hardy & Harper, Inc. - City of Santa Ana, M- 93.pdf RMD Professional PROFESSIONAL LIABILITY WAIVER 09/09/9999 02/24/2023 Liability Waiver - Hardy & Harper 21-6907.pdf 1 TYPE OF INSURANCE POLICY NUMBER EXPIRATIONDATE COI DATE FILE NAME ---- - _. _ . _ _: _ . _. _ ._..- — — --- — - -... -- 2023-2024 Certificate of InsWORKERS COMPENSATION AND EMPLOYERS' WC3726115 04/15/2024 04/14/2023 Hardyrdy & Harper, LIABILITY Inc. - City of Santa Ana, M- 93.pdf Thank you, City of Santa Ana Risk Management Division in partnership with CTrax Plus Services Team 4118/2023 11:18 AM CITY OF SANTA ANA PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number Project No. 23-6997 Santa Clara Avenue Bike Lane and Pedestrian Change Order Number 1 Improvements To Hardy & 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 vnll be made for idle time. Change requested by PUBLIC WORKS AGENCY EXTRA WORK AT AGREED PRICE 1) Delete bid item quantities for items 3, 4, 5, 43, and add Item 1.01. Item # Description Estimated Unit Unit Price Quantity Estimated Amount 3 Cold Mill (2") -7000 SF $3.00 ($21,000.00) 4 Asphalt Rubber Hot Mix -300 TN $275.00 ($82,500.00) 5 Rub. Emulsion Agg. Slurry -300 TN $825.00 ($247,500.00) 43 Adjust Fire Hydrant -9 EA $8,000.00 ($72,000.00) 1.01 Cold Mill Asphalt Pavement (1.5"-O")(7' wide header cut) 92,972 SF $0.64 $59,502.08 1.02 Asphalt Concrete Surface Course (1.5")(Type III C3 PG64-10) 3900 TON $119.00 $464,100.00 1.03 Adjust water valve frame and cover 51 EA $930.00 $47,430.00 1.04 Adjust Manhole Frame and Cover 25 EA $1,155.00 $28,875.00 TOTAL AGREED CHANGE ORDER COST: $599,907.08 TOTAL AGREED CONTRACT INCREASE COST: $176,907.08 Page 1 of 2 CITY OF SANTA ANA PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number Project No. 23-6997 Santa Clara Avenue Bike Lane and Pedestrian Change Order Number 1 Improvements To Hardy & 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 $ 423,000.00 INCREASE $599,907.08 By reason of this order the CONTRACT TIME completion will be adjusted as follows: Twelve (12) working days. We the undersigned contractor have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all service necessary for the work above specked, and will accept as full payment therefor the prices shown above. Accepted, Date July 13, 2023 Contractor Hardy & Harper, Inc. DigR Aly ygnM by NAME AYAf A ON: cn= ARIE AYALk—HARDY AND HARPER. Dq emai1—WyAtA@HARDYANDHARPM00K c=US QE By Marie Ayala f Title Project Manager Approval recommende,* f�-�.,�.� JJ��c 6p< Date /�-,-A\ P\UBLIC WORKS AGENCY EXECUTIVE DIRECTOR ( Approved byDate 2 �Z CITYMANAGER Page 2 of 2 CITY OF SANTA ANA PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number Project No. 23-6997 Santa Clara Avenue Bike Lane and Pedestrian Change Order Number To Hardy & 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. To compensate the contractor to furnish and install 21 Crape Myrtle trees along Santa Clara Avenue per PCO #13 dated June 26, 2023. AGREED PRICE = $15,986.26 Page 1 of 2 CITY OF SANTA ANA PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number Project No. 23-6997 Santa Clara Avenue Bike Lane and Pedestrian Change Order Number To Hardv & 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 UNTILAPPROVED BY THE CITY COUNCIL OR CITY MANAGER. Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time. Change requested by PUBLIC WORKS AGENCY The compensation both time and cost set forth in this change order comprises the total compensation due the Contractor, all Subcontractors, and all Suppliers for all work performed per this change order, including impact on unchanged work. By signing this change order, the Contractor acknowledges and agrees on behalf of himself, all Subcontractors, and all Suppliers, that the stipulated compensation includes payment for all work contained in this change order, plus all payment for interruption of schedules, extended field overhead, home office overhead, profit, delay, and all impact, ripple effect or cumulative impact on all other work under this Contract. The signing of this change order constitutes full mutual accord and satisfaction for all changes and work performed on this project, and that the time and cost paid per this change order constitutes the total equitable adjustments owed the Contractor, all Subcontractors, and all Suppliers for all work performed on this project. The Contractor on behalf of himself, all Subcontractors, and all Suppliers agrees to waive all rights, without exception or reservation of any whatsoever to file any further claim related to this project. TOTAL COST THIS CHANGE ORDER: DECREASE $ INCREASE $ 16,986.26 By reason of this order the CONTRACT TIME completion will be adjusted as follows: (0) Zero working days. We the undersigned contractor have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all service necessary forthe work above specified, and will accept as full payment therefor the prices shown above. Accepted, Date 03/11/2024 Contractor Hardy & Harper, Inc. Digitally signed by MARIE AYAIA ON:m=WRIE AYAA o=HARDY AND WRIER, os, ema1F-MAYAL HAIMYAND-APPEP.(M1A US Dale: 2024A3.11075B:03 -07W' By Title Marie Ayala Project Manager Approval recommended b Ih` ^— �a �y _ Date BLIC WORKS AAG7ENCYEXECUTIVE DIRECTOR ! � Approved by CCVV// 9Date CITYMANAGER ATTEST: Page 2 of 2 409—LLI-4