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HomeMy WebLinkAboutHARDY & HARPER, INC. (ALTON AVE. REHABILITATION FROM MAIN ST. TO STANDARD AVE.) Recording Requested By, rr And When Recorded Mail To: l City of Santa Ana,Public Works Agency M22 Recorded in Official Records, Orange County 20 Civic Center Plaza,P.O.Box 1988 Hugh Nguyen, Clerk-Recorder Santa Ana,CA 92702 III$I II II II� III I I II I�IIlI� II I � �� I II No FEE R I a 0 1 5 0 6 6 0 s 1 S * 2024000190494 2:16 pm 07/25124 63 RW11A N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.000.000.00 0.00 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 construction of ALTON AVENUE REHABILITATION FROM MAIN STREET TO STANDARD AVENUE under contract entered into on AUGUST 29, 2023, with HARDY & N HARPER, INC., on which contract FIDELITY AND DEPOSIT COMPANY OF MARYLAND Wo is surety. The property on which such work improvement was placed is in the City of Santa Ana, o z County of©range, State of California, and described as Project No. 21-6975 located at: ALTON Z W AVENUE REHABILITATION FROM MAIN STREET TO STANDARD AVENUE. The work R o w improvement on said property was accepted as completed on DULY 2, 2024. � o ca w CITY OF SANTA ANA, A MUNICIPAL CORPORATION H By oDated: r� Z�1 Z Y Principal Civil Engineer—Sean Thomas PE a TITLE ------------------------------------------------------------------------------------------- GYr 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 L 2's Zo , at Santa alifo a City Engineer—Rodolfo Rosas THIS NOTICE OF COMPLETION MUST BE RECORDED WITHIN TEN(10)DAYS AFTER COMPLETION ,c:) INSURANCE ON FILE WORK MAY PROCEED o UNTIL IINNSSUj2ANNCCEEEXPIRES CITY CLERK DATE: ti 4: CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 21-6975 ALTON AVENUE REHABILITATION FROM MAIN STREET TO STANDARD AVENUE (M,�u1gv11W?� This CONSTRUCTION CONTRACT is made and entered into this 291h day of August, 2023 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 & Harper, Inc. (hereinafter "CONTRACTOR"). WITNESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the Alton Avenue Rehabilitation From Main Street to Standard Avenue Project (hereinafter referred to as the "WORK OF IMPROVEMENT") identified in and in accordance with the Contract Documents prepared by the City's Public Works Agency and approved by the City Council. 2. The complete Construction Contract consists of the "Contract Documents" as defined by the Standard Specifications for Public Works Construction and which include the following: • Notice Inviting Bids • Information to Bidders • Bid Proposal • Bid Bond • Contract Form • Contract Bonds • General Provisions • Special Provisions • Technical Provisions and Project Plans • Community Workforce Agreement • Appendices In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Construction. 3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the WORK OF IMPROVEMENT the sum total amount not to exceed One Million Four Hundred Thousand Dollars and No Cents ($1,400,000.00), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A," and in accordance with Section 2-7.1 of the Greenbook: Standard Specifications for Public Works Construction. The BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable. Page 1 of 4 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 2t-6975 ALTON AVENUE REHABILITATION FROM MAIN STREET TO STANDARD AVENUE 4. CONTRACTOR agrees to complete the WORK OF IMPROVEMENT within the time specified in the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit "A") including commencing construction within the timeframe therein specified after issuance of a Notice to Proceed. 5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the WORK OF IMPROVEMENT a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law. 6. If applicable, the CONTRACTOR shall adhere to the CITY'S Community Workforce Agreement (CWA), a pre -hire collective bargaining agreement, which establishes the labor relations policies and procedures for CONTRACTOR to follow in the crafts persons employed to complete the WORK OF IMPROVEMENT as more fully described in the CWA. The CWA may be found on the City's website at: http://www.santa-ana.org/pwa/documents/CWA.pd 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; Page 2 of 4 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 21-6975 ALTON AVENUE REHABILITATION FROM MAIN STREET TO STANDARD AVENUE (ii) Performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of any of the obligations under the Contract Documents; (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. Subcontracts, if any, shall contain a provision making them subject to all of the provisions stipulated in this Construction Contract. With respect to any conflict between such federal requirements and the terms of this Construction Contract and/or the provisions of state law and except as otherwise required under federal law or regulation, the more stringent requirement shall control. [signature page to follow] Page 3 of 4 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 21-6975 ALTON AVENUE REHABILITATION FROM MAIN STREET TO STANDARD AVENUE IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney JOSE MONTOYA Assistant City Attorney RECOMMENDED FOR APPROVAL: Q, & ,, /j ,IABIL SABA, PE Executive Director Public Works Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager CONTRACTOR: Hardy & Harper, Inc. NAME: W! ael Murray TITLE: ce President , Page 4 of 4 CITY OF SANTA ANA EXHIBIT A PROPOSAL PROJECT NO.:.21-6975 ALTON AVENUE RLI-IABILITATION FROM MAIN STREET TO STANDARD AVENUE BID PROPOSAL To: CITY COUNCIL OF' THE CITY OF' SANTA ANA FROM: Hardy & Flaroor, Inc, REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirely and here -by proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specirleations for the, unit price(s) or Jump sum(s) setforth in the following schedule; pent Description Qty unit Unit Price Amount fled ftflvarlon* 2,500 CY $ 1G-10 zms mf Cut(] Mill '(0-2"), --Wo-no 8F $ $ —C&—' —240,2== 3 AC Pavement* I �00 Ti $ aq =600 ao -- 4 --ks— phalt Ptl�bcr 140t —MIX* --T900 $ 00 ul�z --- ---,g FCC'Sidewalk (,4-)* —500 SP $ 6 Appmad, -- TT06 SF $ $ (Commercial = S")* — 55,00 45 mae" WT—Curband f5t—tcr(1=yp�-A---2 —00 6 Lr $ $ 3 PCC Reinforced DUS Pad* 4,300 $P $ $ — -&L,Dnan --- 9 —,-- ka—oishflve- — 14 rA $ $ 10 --t- and Install New Water TU � I I EA $ Maier Frame and Cover to Finished Grade* —EA-- III — and AdjoWtit gler Fra Valve me ,aid 26 $ $ Cover to I'lidshed Grade* 1-2 —7 EA DrainaZeManliole t0flalsbcd 06 01, -1 13 Famish a $ 1 -- I- omoo LQUL.— ,P-7 of P-23 CITY OF SANTA ANA PROPOSAL PROJECT NO.:21-6975 ALTON AVENUE REHABILITATION FROM MAIN STREET TO STANDARD AVENUE item Description � Qty lino [Suitlartae Anlattnt 14 Fnrnisli and Instnil l'rnffic Loops G EA $ (TypeM* ffiopo k5 Furnish and Jnstall'Craftic loops 2 FA $ $ (Type W n�* _ H Iti Eonstrnat Parkway Culvarl (Type 2 EA $ A) r `( a0 5 Clear and Grub Per Limits Shown l [ S & $ 00, 18 Project AdvoilisementSign 2 A $ $ 6wpc,6. cco cn 19 Signing and'Striping 1 1.S 3 . o0 00 20 Construction Formic I LS $15,000 $i5,p00 P-8 of P-23 CITY OF SANTA ANA PROPOSAL PROXCT NO,: 21.6975 AT TON AVENUE REHABILITATION FROM MAIN STRUT TO STANDARD AVENUE TOTAL BASE BID $ The lowest responsible bidder shall be selected based on the total base bid, The City reserves the right to award the Base Did, and any, all, or none of the add -alternate bid items (if any). The quantity ror this bid item is shown for bid comparison only. This bid item shall not be sukleetto the"250/o" lhuitas stated in Section 3-2oftheStandird 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. f This bid item is considered a Specialty Item per Section 3-2 of the Standard Specifications. jM.EQL(j0MU,r-T ION OP IMPROVEMENTS AND J1 IDATE DAMAGES The The undersigned bidder hereby proposes to complete the Work for the total base, bid amount shown above, within gnumber 601 workins days after the commencement date stated in the Notice to Proceed. The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $5, 00U0 per calendar day. Narne of Firm Signature of BI] Title Kristen Pauline, Corporate Scoretaly (trail individual, so state, If a firm, or co -partnership, state the firm name and give the names of all individual copartners composing the firm. If a corporation, state legal name of corporation, and names of president, Secretary, Ti-casurer and Manager, thereof.) P-9 of P-23 Nguyen, Cappi From: City of Santa Ana <certificate-request@ctrax.jdidata.com> Sent: Monday, October 2, 2023 4:07 PM To: Mai, Danny; Reyes, Erendida; Ortiz, Michael; Le, Ngoc Long Do 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 21.6975 Number: Project Alton Avenue Rehabilitation From Main Street To Standard Avenue Name: 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 AUTOMOBILE LIABILITY GENERAL LIABILITY PROFESSIONAL LIABILITY WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Thank you, City of Santa Ana Risk Management Division POLICY EXPIRATION COI DATE NUMBER DATE CAP3726117 04/15/2024 08/15/2023 CLP3726116 04/15/2024 08/15/2023 WAIVER 09/09/9999 02/24/2023 WC3726115 04/15/2024 05/01/2023 FILE NAME _COI_H&H 21- 6975_GL_AL_ WC _Exp_4- 15-24 pending.pdf _COI_H&H 21- 6975_GL_AL_ W C_Exp_4- 15-24_pending.pdf RMD Professional Liability Waiver - Hardy & Harper 21-6907.pdf COI Hardy & Harper 4.21.24.pdf CITY OF SANTA ANA PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number Project No. 21-6975 Alton Avenue Rehabilitation from Main Street Change Order Number 1 to Standard Avenue 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 staled, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time, Change requested by PUBLIC WORKS AGENCY EXTRA WORK AT AGREED PRICE 1. To compensate the contractor for additional irrigation work along Main Street median (per PCO#01). Dated February 13, 2024. AGREED PRICE = $86,934.61 2. To compensate the contractor for a one(1) month maintenance period for the additional irrigation work along Main Street median (per PCO#01). Dated February 13, 2024. AGREED PRICE = $1,575.00 3. To compensate the contractor for relocation of backflow prevention device and mainline (per PCO #02). Dated March 12, 2024. AGREED PRICE = $5,287.61 TOTAL AGREED PRICE = $93,797.22 Page 1 of 2 A CITY OF SANTA ANA PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number Project No. 21-6975 Alton Avenue Rehabilitation from Main Street Change Order Number 1 to Standard Avenue 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 $------------- INCREASE $ $93,797.22 By reason of this order the CONTRACT TIME completion will be adjusted as follows: Five (5) 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 03/2G/2024 Contractor Hardy & Harper, Inc. Digitally sign by MARIE AYAUs DN: M­MANIE AYAIA, G=HARDY AND HARKKou,emMIkMAYALA@HAPDYANDHAPPER.00Kc[ US N. 2024.03.260642:00-070P By Title Marie Ayala Project Manager I Approval recommended t"'�^^--vY-y�\4 4� Dale 4 �U BLIC WORKS AGENCYEKECUTIVE DIRECT Aippproved by GtiL Date TESTS CITYMANAGER Jennifer al ,i ` _ Ci Page 2 of 2 CITY OF SANTA ANA , 1' PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number Project No. 21-6975 Alton Avenue Rehabilitation from Main Street Change Order Number 2 to Standard Avenue 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 for additional bulb-out repairs to enhance the aesthetic along Main Street. (per PCO#2.1) dated May 24, 2024. AGREED PRICE=$27,287.14 2. To compensate the contractor for additional curb & gutter, bus pad, and cross gutter at Main St. and Sandpointe Ave. intersection. (per PCO#2.2) dated May 29, 2024. AGREED PRICE= $158,291.00 TOTAL AGREED PRICE=$185,578.14 Page 1 of 2 0', `' CITY OF SANTA ANA -... .,3 1' PUBLIC WORKS AGENCY " CONTRACT CHANGE ORDER 2 I F (1 v, — Project Number Project No. 21-6975 Alton Avenue Rehabilitation from Main Street Change Order Number 2 to Standard Avenue 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 $ INCREASE $ $185,578.14 By reason of this order the CONTRACT TIME completion will be adjusted as follows: 0 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 0 7/17/2 0 2 4 Contractor Harder&Harper, Inc. Digitally signed by MARIE AYALA DN:cn=MARlE AYALA,o=HARDY AND HARPER,ou,email=MAYALA@HARDYANDHARPER.COM,c=U5 Date:2024.07.17 15:47:21.07'00' By Title Marie Ayala Project Manager Approval recommended by 41_,�,_,193q yh Date NC/2 -PUBLIC WORKS AGENCY EXECUTIV CTOR VV C Approved by / ititd1) Date ?/t1/ 2-y ATTEST: MANAGER . �� Page 2 of 2 ; t i ' City Clerk