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HomeMy WebLinkAboutHARDY & HARPER, INC. (CIVIC CENTER REHABILITATION (SHELTON TO FLOWER ST.))INSURANCE ON FILE WORK MAY PROCEED UNTIL I SUR NCE EXPIRES ,l 1 R Z CITY OF 5ANTA ANA CITY CLERK DATE: CONSTRUCTION CONTRACT AGREEMENT PROJECT 25-6711 CIVIC CENTER REHABILITATION (SHELTON TO FLOWER ST.) o• of �P110 1 This CONSTRUCTION CONTRACT is made and entered into this 18'h day of March, 2025 by and �11 ��i Np1��2 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. MAR 2 6 20?kcreinafter "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 Civic Center Rehabilitation (Shelton to Flower St.) 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 Nine Hundred Fifteen Thousand Dollars and No Cents ($915,000), 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. 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 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: CWA City of Santa Ana 12-20-2023 7. CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY, one in the amount of One Hundred Percent (100%) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100%) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY. 8. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond shall also be required as a condition of project acceptance. For projects up to Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of Ten Thousand Dollars ($10,000) or Twenty Percent (20%) of the final contract price. For projects above Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of One Hundred Thousand Dollars ($100,000) or Ten Percent (10%) of the final contract price. 9. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY. 10. INDEMNIFICATION. To the fullest extent allowed by law, CONTRACTOR and its Subcontractors hereby agree to defend, indemnify, and hold harmless CITY, its City Council, boards and commissions, officers, agents, employees, representatives and volunteers (hereinafter collectively referred to as "Indemnitees"), through legal counsel acceptable to CITY, from and against any liability, claims, actions, costs, damages or losses, including reasonable costs and attorney's fees, for injury, including death to any person or damage to any property, arising directly or indirectly from, or in any manner relating to, any of the following: (i) Performance or nonperformance of the Work of Improvement by CONTRACTOR or its Subcontractors of any lower tier; (ii) Performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of any of the obligations under the Contract Documents; Page 2 of 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: APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney Bt Y: W17 Nellesen Assistant City Attorney RECOMMENDED FOR APPROVAL: C Saba Digitally signed by Nabil N�+a ba Date:ate: 2025.03.03 08:10:54 -08'00' NABIL SABA, PE Executive Director Public Works Agency CITY OF SANTA ANA ALVARO NUNEZ City Manager CONTRACTOR: Hardy & Harper, Inc. NAME: Michael Amundson TITLE: Vice President Page 3 of 3 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 1 County of Orange ) On February 26 2025 before me, Morgan E. Churnock Notary Public , Date Here Insert Name and Title of the Officer personally appeared Michael Amundson Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(o whose name(isj is/axe subscribed to the within instrument and acknowledged to me that he/sKe/they executed the same in his/her/their authorized capacity(i(M), and that by his/h:ar/their signature(g) on the instrument the person(sr), or the entity upon behalf of which the person(s) acted, executed the instrument. .�MORGAN E CHURNOCK Notary Pibtic Caiii'ornia z Orange County C:omm+sxirm N Z377551 <,',,,, My C(rmm, Cxp)res Oct 5, 2425 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 Si 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: Michael Amundson 0 Corporate Officer — Title(s): \r,-o prP.sirtent ❑ Partner — O Limited ❑ General Individual ❑ Attorney in Fact I ' Trustee ❑ Guardian or Conservator i_1 Other: Signer Is Representing: Hardy & Harper Inc Signer's Name: ❑ Corporate Officer — Title(s): 0 Partner — ❑ Limited ❑ General El Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator n nthar- Signer Is Representing: 02014 National Notary Association • www.NationalNotary.org - 1-800-US NOTARY (1-800-876-6827) Item #5907 EXHIBIT A CITY OF SANTA ANA PROPOSAL PROJECT NO.: 25-6711 CIVIC CENTER REHABILITATION BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: Hardy & Harper, Inc REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the following schedule: Item Description Qty Unit Unit Price Amount I Unclassified Excavation* 1,120 CY S 4.5. 6 0 $ � g61060.06 2 Construct 3-Day Cure PCC with Dowels 10 CY S t j 100. 04 S)1)066.06 3 Asphalt Concrete (AC) Pavement* 1,260 TN $ 1-7 S. O O $1,1O.,S00.66 4 Asphalt Rubber Hot Mix (ARHM) 1,130 TN $ 16o. o G $) K 56 0.00 5 Cold Mill (2") 57,200 SF $ 0 , 1.0 $ 3 y, 3 -00 6 Class 11 Base* 300 TN $ -7 5.08 $'21, 500. 00 7 PCC Sidewalk (T=4") 2,000 SF $ ) -A O O SA4 ODD. 00 8 Colored PCC Sidewalk (T-4") 2,600 SF S , 00 S 36" 4 D0 00 9 PCC Curb Ramp 200 SF $ 3o.aa S V 100. 00o 10 PCC Curb and Gutter (Type A-2-8)• 400 LF $ -7,0•00 � S�g om 00 1 I PCC Cross -Gutter (Local Street) 200 SF $ 36•00 $ 6,000.00 12 Root Shave 18 EA S :66a-do 41)o00.00 13 Topsoil Backfill 20 CY S ?DO.db S t1 � Ob0.00 14 1 Furnish and Install New Water Valve Frame and Cover 20 EA $ ) A AO . C8 $ if 4., 400 ' 00 P-1 ofP-19 CITY OF SANTA ANA PROPOSAL PROJECT NO.. 25-67I I CIVIC CENTER REHABILITATION Item Description Qty Unit Unit Price Amount o Adjust Sewer and Drainage Manhole to Finished Grade 28 EA d., i �,00.OD d 3 j� a4. Da 1b Furnish and Install New #6 Pul1 Box E'4 $ y ,000.00 ,�, �� 00A• 00 17 Gdet Survey Monument to Finished rad 1 EA 15d 0 • a C �� 500. DO 18 Furnish and Install Traffic Loops Type F 9 EA SOO. 0O1 tJd4, a 4 19 Furnish and Install Traffic Loops Type E 21 EA 600 -00 jo, 504 .00 20 Furnish and Install Traffic Loops Type Q 3 EA � Sao • oo 6566 •oo 21 Project Advertisement Sign I EA ¢3,taoa•ao 000.06 22 Signing and Striping I LS 23 Construction Permit 1 LS $7,100 $7,100 P-2 of P- 19 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 25-671 I CIVIC CENTER REHABILITATION TOTAL BASE BID s q 15, 00 0.0 0 The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add -alternate bid items (if any). * The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the "25%" limit as stated in Section 7-3.5 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. t This bid item is considered a Specialty Item per Section 3-2 of the Standard Specifications. TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within number (45) working 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 $4,000 per calendar day. Name of Firm Hardy & Harger, Inc. Signature of BIDDER Title bdicbael Amundson ice President (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) P-3 ofP-19 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 25-6711 CIVIC CENTER REHABILITATION BIDD^ ER'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 true and correct. Name of Firm Liardy & Harper. Inc. Signature of BIDDER Title Michael A Ti an individual, so state. If a firm or eo-partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state Legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) P4 of P-19 THE FINAL PREMIUM IS PREDICATED ON THE FINAL CONTRACT AMOUNT CITY OF SANTA ANA APPENDIX C PROJECT NO.: 25-6711 CIVIC CENTER REHABILITATION PERFORMANCE BOND This bond was issued in two (2) original counterparts Bond No. 7673615 Premium: $4,426.00 WHEREAS, the City of Santa Ana (hereinafter referred to as the "City") has awarded to Hardv & Harder, Inc. (hereinafter referred to as the "Contractor") an agreement for Contract No. " (hereinafter referred to as the "Project"); *Project No.: 25-6711, Civic Center Rehabilitation WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated Marx 18th,:2025 , (hereinafter referred to as "Contract Documents"), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents. NOW, THEREFORE, we, the undersigned Contractor and Fidelity and Deposit Company of Maryland . as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of W' *M* Hundred Fifteen Thousand and 001100 Dollars, ($ 915,000.00 ), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one (1) year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officials, officers, employees, and authorized volunteers, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorney's fees, incurred by the City in enforcing such obligation. As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by the City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City's rights or the Contractor or Surety's obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure Section 337.15. CITY OF SANTA ANA APPENDIX C PROJECT NO.: 25-6711 CIVIC CENTER REHABILITATION Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City's option: i. Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or ii. Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. iii. Permit the City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor. Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City's objection to Contractor's further participation in the completion of the Project. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] CITY OF SANTA ANA APPENDIX C PROJECT NO.: 25-671 l CIVIC CENTER REHABILITATION IN WITNESS WHEREOF, we have hereunto set our hands and seals this 26th day of February 2025 . (Corporate Sea]) (Corporate Seal) (Attach Attorney -in -Fact Certificate) Hardy & Harper, Inc. Contractor/ PrLRtmal By Title Michael Amundson Vice President Fidelity and Deposit Company of Maryland S urety By Attorney -in -Fact, Dwight Reilly Title Attorney -in -Fact The rate of premium on this bond is $6.60/$4.85/$4.40 per thousand. The total amount of premium char(yes is $ 4,426.00 (The above must be tilled in by corporate attorney.) THIS IS A REQUIRED FORM Any claims under this bond may be addressed to: (Name and Address of Surety) Fidelity and Deposit Company of Maryland 777 South Figueroa Street, Suite 3900 Los Angeles, CA 90017 (Name and Address of Agent or Commercial Surety Bond Agency Representative for service of 1411 N. Batavia St., Suite 201 process in California, if different Orange. CA 92867 from above) (Telephone number of Surety Surety: (213) 270-0600 / Agent: (714) 516-1232 and Agent or Representative for service of process in California) CITY OF SANTA ANA APPENDIX C PROJECT NO.: 25-6711 CIVIC CENTER REHABILITATION Notary 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 FebruaoL27 2025 , before me, Morgan E. Churnock _, Notary Public, personally Date Name And Title OrOn'icer (e g "Jane Doe, Nolan Public") appeared Michael Amundson , who proved to me on the basis of satisfactory Nwww or Signer(s) evidence to be the persons) 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 correc i., PO RGAN C CHURNOCK W )N faryPtn +� cdr,Iornia WITNESS my hand and official seal. Otange County Commis on # LCV5.20j 551 +,�,� Fkr ' otnm. Expires Place Notan Seal Abute Sig ture a ota Pu OP ONAL Though the information below is not required by law, it may prove valuable to persons relying on the docitntent and could prevent fraudtdent removal and reattachment of This form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ Individual ❑ Corporate Officer Title(s)Title or Type of Document ❑ Partner(s) ❑ Limited General ❑ Attorney -In -Fact ❑ Trustee(s) C7 Guardian/Conservator ❑ Other: Signer is representing: Name Of Persons) or Enutyties) NOTE: This acknowledgment is to be completed fbr Contractor/Principal. Number of Pages of Document Signer(s) Other Than Named Above CITY OF SANTA ANA APPENDIX C PROJECT NO.: 25-671 l CIVIC CENTER REHABILITATION Notary 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 February 26th2025 , before me. Melissa Ann Vaccaro Notary Public, personally Date Name .And Title Of Officer (e.g. 'Jane Doe, Norary Pubbe') appeared Dwight Reilly who proved to me on the basis of satisfactory Na111d(S) orsigw4s) 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 hisilier/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 AN VACCARO K COMM. #2401942 N WITNESS my hand and official seal. y _=qY•I Notary Public -California LL ' n • .,i '` ) ORANGE COUNTY „xs y COMM. Expires htay 12, 2026 Ptace Notary Seal Abow Signature of Notary Public Melissa Ann Vaccaro OPTIONAL Though the information below is not required fiv law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual Corporate Officer Title(s) ^ Partner(s) X Attorney -In -Fact ❑ Trustee(s) Guard ian.?Conservator Other: Signer is representing: Name Of Person(s) Or Entitynes) rl Limited n General Fidelity and Deposit Company of Maryland Performance Bond Title or Type of Document Number February 26th, 2025 Date of Document s) NOTE: This acknowledgment is to be completed for the Attorney -in -Fact. The Power -of Attorney to local representatives of the bonding company must also be attached. END OF PERFORMANCE BOND Bond No. 7673615 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY CONIPANY 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 Christopher Nolan, 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 full force and effect on the date hereof; do hereby nominate, constitute_ and appoint Daniel HUCK ABAY, Frank MORONES, Dwight REILLY, Arturo AYALA, Shaunna ROZELLE OSTROM, Benjamin WOLFE, Chelsea LIBERATORE, Ben STONG, Michael D. STONG, R. NAPPI, Adrian LANGRELL, Magdalena R. WOLFE of Orange. California, 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 FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 20th day of February, A.D. 202S. ISE ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Christopher Nolan Dice President By: Dawn E. Brown Secretary State of Maryland County of Baltimore On this 20 th day of February, A.D. 2025, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Christopher Nolan, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/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 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 Sea] the day and year first above NTitten. M Yyf +nr:, rz- •.','�� ,,;,i Genevieve M. Maison Notary Public My Commission Expire January 27, 20A Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attornevs-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, Vice President 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 full force and effect on the date of this certificate; and I 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 ofthe COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the Sth 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 I Oth day of May, 1990. RESOLVED: "That 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 attorney 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 26th day of February , 2025 . ceavc�q cfQ<yoq���t 3FtF�oQeo�'�"05 05 pi ^� 6 �,,.—}/ W"S sr+ f Mary Jean Pethick 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-I056 repoitsfelaitossc@zurichna.com 800-626-4577 Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 THE FINAL PREMIUM IS This bond was issued in two (2) PREDICATED ON THE CITY OF SANTA ANA originai counterparts FINAL CONTRACT AMOUNT BONDS Bond No. 7673615 PROJECT NO.: 25-6711 CIVIC CENTER REHABILITATION PAYMENT BOND (LABOR AND MATERIALS). WHEREAS, the City of Santa Ana (hereinafter designated as the "City"), has awarded to Haa;[y& Hamer. Inc. _ (hereinafter designated as the "Principal") an agreement for Contract No. (hereinafter referred to as the "Project"); *Project No.: 25-6711, Civic Center Rehabilitation WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated Mardi 18th, 2025 , (hereinafter referred to as "Contract Documents"), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth. NOW THEREFORE, we, the Principal and Fidelity and Deposit company afmwyiana_, as Surety, are held and firmly bound unto the City in the penal sum of ** Dollars ($915,000.00 ) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. **Nine Hundred Fifteen Thousand and 00/100 THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Civil Code section 9100, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Revenue and Taxation Code Section 18663, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by the City in such suit, including reasonable attorneys' fees, court costs, expert witness fees and investigation expenses. This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so as to give a right of action to such persons or their assigns in any suit brought upon this bond. It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants 1 of 5 CITY OF SANTA ANA BONDS PROJECT NO.: 25-671 l CIVIC CENTER REHABILITATION otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or the City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Civil Code Section 9100, and has not been paid the full amount of his claim. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract to be performed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of Contract, including but not limited to, the provisions of Sections 2819 and 2845 of the California Civil Code. IN WITNESS WHEREOF, we have hereunto set our hands and seals this 26th day of February , 2025. (Corporate Seal) (Corporate Seal) (Attach Attorney -in -Fact Certificate) Hardy & Harper, Inc. Contractor/ Princ' a C-. By Title Michael Amundson, Vice President Fidelity and Deposit Company of Maryland Surety By Y Attorney -in -Fact, Dwight Reilly Title Attorney -in -Fact 2of5 CITY OF SANTA ANA BONDS PROJECT NO.: 25-6711 CIVIC CENTER REHABILITATION Notary Acknowledgment A notary viublic 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 February 27 20 25, before me, Morgan E. Churnock , Notary Public, personally Date Name And Title Of Officer (e g. 'lane Dx. Notan Public") appeared Michael Amundson , who proved to me on the basis of satisfactory Name(s) Of signer(s) 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.=-_- y s MORGAN E. CN! RNOCK r 4 Notary Public - California WITNESS my hand and offie' I seal. y a ) s Orange County commission ti 2377551 Comm. Expires Oct 5, 2025 Place Notan Seal Above Siena/re oi' Nf5ry OPTIONAL Though the information below is not required by lacy, it pray prove valuable to persons relying on the doctunent and could prevent fraudulent removal and reattachment of this form to another doclu»ent. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ Individual ❑ Corporate Officer Titles) 'title or Type of Document i Partner(s) ❑ Limited General Number of Pages Attorney -In -Fact ❑ Trustee(s) Guardian/Conservator Date of Document Other: Signer is representing: Name Of Persons) Or Entimies) Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for Contractor/Principal. 3 of 5 CITY OF SANTA ANA BONDS PROJECT NO.: 25-6711 CIVIC CENTER REHABILITATION Notary Acknowledgment A notary public or other officer completing this certificate verities 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 February 26th 2025 . before me, Melissa Ann Vaccaro , Notary Public, personally Date Nana And Title Of Officer (e g. *Jane Doe. Norary Public") appeared Dwight Reilly , who proved to me on the basis of satisfactory Nails) of signers) 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 COMM.i2401942 WITNESS my hand and official seal. � r N Notary Public -California tC a ::a ORANGE COUNTY a Comm.ExpiresMay + t hty Ma P Y 12,2026 Place Votary Seal above Siznature of Notary Public Melissa Ann Vaccaro OPTIONAL Though the information below is not required by lair, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual Corporate Officer Title(s) Partner(s) Limited General X Attorney -In -Fact Trustee(s) Guardian/Conservator Other: Signer is representing: Name OfPerson(s) Or Entity(ics) Fidelity and Deposit Company of Maryland Bond (Labor and Material Title or Type of Document Four(4) Number of Pales *uary 26th, 2025 Date of Document NOTE: This acknowledgment is to be completed for the Attorney -in -Fact. The Power -of -Attorney to local representatives of the bonding company must also be attached. END OF PAYMENT BOND 4of5 Bond No. 7673615 ZURICH AIMERICANI 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 Christopher Nolan, 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 full force and effect on the date hereof, do hereby nominate, constitute, and appoint Daniel HUCKABAY, Frank MORONES, Dwight REILLY, Arturo AYALA, Shaunna ROZELLE OSTROM, Benjamin WOLFE, Chelsea LIBERATORE, Ben STONG, Michael D. STONG, R. NAPPI, Adrian LANGRELL, Magdalena R. WOLFE of Orange, California, its true and lawful agent and Attomey-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 FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 20th day of February, A.D. 2025. l,�r,J P�"41 {, 1.YV � n�F 9•j 1 jy t�5 "•«-; N'.' '�� ,..�.. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Christopher Nolan Free President By: Dawn E. Brown Secretary State of Maryland County of Baltimore On this 20 th day of February, A.D. 2025, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Christopher Nolan, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by the duly swom, deposeth and saith, that he/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 and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction or the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. • - f MyIL- yT._ Genevieve M. Maison Notary Public W Commission Expire January 27. 2029 Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Atoornevs-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 attorney -in -Fact to affix the corporate seat thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE 1, the undersigned, Vice President 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 full force and effect on the date of this certificate; and I 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: "That 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 attorney 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 26th day of February 2025 QS'pR*Dy�b's2 uSEALm 1 �¢� cP3EALfi SEAL t=� �, Mary Jean Pethick 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 reportsfclaitu snzurichna.com 800-626-4577 Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790