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HomeMy WebLinkAbout23A - PROJ - PED IMPROVEMENTS SA BLVDREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 20, 2016 TITLE. AWARD CONTRACT TO HARDY & HARPER, INC., FOR PEDESTRIAN IMPROVEMENTS ON SANTA ANA BOULEVARD PROJECT (PROJECT NO. 17-6888) (STRATEGIC PLAN NO. 1, 3B) CITY MANAGER, RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: iN ❑ As Recommended ❑ As Amended ❑ Ordinance on 1a1 Reading Ordinance on 2no Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Authorize the City Manager and Clerk of the Council to award and execute a construction contract to Hardy & Harper, Inc., the lowest responsible bidder, in accordance with the base bid plus Additive Alternates 1, 2, and 3, in the amount of $278,000, for the term beginning upon execution of the contract and ending upon project completion, to install Pedestrian Improvements on Santa Ana Boulevard, subject to non -substantive changes approved by the City Manager and the City Attorney. 2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $347,500, which includes the construction contract, administration, inspection and testing, and an authorized contingency of $27,800. DISCUSSION The recommended actions will enable the City to proceed with the installation of safety enhancements to increase pedestrian walkability and improve intersection safety for all users. The project consists of constructing sidewalk, curb ramps, curb, gutter, pavement, Rectangular Rapid Flashing Beacons (RRFBs), signage, and striping on Santa Ana Boulevard between Lacy Street and Poinsettia Street (Exhibit 1). A Notice Inviting Bids was advertised on October 26 and November 2, 2016, and bids were opened on November 17, 2016. The following is a summary of the bid invitations made and the bids received: 23A-1 Contract Award For Pedestrian Improvements on Santa Ana Boulevard December 20, 2016 Page 2 Contractor Participation Data Santa Ana contractors receiving notices 11 Contractors requesting bidding documents 11 Bids received 4 Bids received from Santa Ana contractors 1 Bid Results Summary RANK BIDDER'S NAME LOCATION BASE BID BASE BID + Alt. 1, 2, & 3 1 Hardy & Harper, Inc. Santa Ana $213,000.00 $278,000.00 2 All American Asphalt Corona $218,952.00 $281,237.00 3 EBS General Engineering, Inc. Corona $236,200.00 $312,600.00 4 Excel Paving Company Long Beach $244,247.00 $331,023.00 Four bids were received and all were considered responsive. The lowest responsive bid, in the amount of $278,000, was submitted by Hardy & Harper, Inc., (Exhibit 2) and is comparable to the engineer's estimate of $214,000. The advertised bid document was divided into base bid and several alternates. The base bid was used to identify the low bidder, and the alternates could be used in any combination to maximize the use of project grant funds and value to the City. Hardy & Harper, Inc., submitted a base bid of $213,000 and $65,000 for Additive Alternates 1, 2, and 3, for a total amount of $278,000. Staff recommends awarding the contract to Hardy & Harper, Inc., in the amount of $278,000, which includes the base bid plus Additive Alternates 1, 2, and 3 (Exhibit 3). STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #1 - Community Safety, Objective #3 (promote fiscal accountability to ensure financial responsibility at all levels of the organization), Strategy B (promote ongoing efforts to obtain grant funding for activities that will assist in preventing, enforcing and reducing criminal activity and traffic collisions). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. Categorical Exemption Environmental Review No.2016-126 was filed for the project. 23A-2 Contract Award For Pedestrian Improvements on Santa Ana Boulevard December 20, 2016 Page 3 FISCAL IMPACT The estimated total delivery cost of the project is $347,500, which includes construction, contract administration, inspection, testing, and contingencies (Exhibit 4). Funds are budgeted in the Select Street Construction expenditure account (Account No. 05917660-66220, Project No. 17- 6888) for expenditure in Fiscal Year 2016-17. APPROVED AS TO FUNDS & ACCOUNTS: Fr d M us vipour Francisco Gutierrez�L Executive Director Executive Director Public Works Agency Finance & Management Services Agency FM/EWG/TC/MO Exhibits: 1. Location Map 2. Bid 3. Construction Contract 4. Cost Analysis 23A-3 23A-4 EXHIBIT 1 SANTA ANA PROJECT 17-6888 �1^ AGENDITY A DATENCIL PEDESTRIAN IMPROVEMENTS ON AGENDA DATE: DEC. 20, 2016 SANTA ANA BOULEVARD WBL IC BMtS a4SxCY 23A-5 PAGE 1 OF 1 23A-6 CITY OF SANTA ANA EXHIBIT 2 PROPOSAL PROJECT NO.: 17-6888 PEDESTRIAN IMPROVEMENTS ON SANTA ANA BOULEVARD BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: 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 suln(s) set forth in the following schedule: Item Description Qty Unit Unit Price Amount 1 Unclassified Excavation* 300 CY $® $ { 1 0000 2 AC Pavement* 350 TN $ wo $ ZJ�1 000 3 Cold Mill (>2")* 22,000 SF el (1��®® 4 Install PCC Sidewalk (4") 4,200 SF $ 'Y-7.00ca��P $ r 1®0 5 Install PCC Curb Ramp 900 SF $ 11 $ 41 1,00 6 Install PCC Curb and Gutter (Type A-2-8) 300 LF $ 5-® _1 $ t s" 000 7 Root Shave* 3 EA $ S^ cam. C3S� $ � 1 ro® 8 Adjust Water Valve Frame and. Cover to Finished Grade* 5 'EA $ 1!o®o $ 5r 000 r/li 9 Abandon Gato Valve* I EA $ $ k1000 10 Adjust Water Meter FralneBoxtoFinished . Grade* 1 EA $ d �7 $ R_06 lLl 11. Adjust Sewer and Drainage Manhole to Finished Grade* 7 EA $ Q� $ 100 12 Remove Fire Hydrant and Assembly* IEA I $ "1/ o oo $ (' occ 13 'Furnish and Install New Fire Hydrant* 1 EA $ P•1 of P-18 23A-7 CITY OF SANTA ANA PROPOSAL PROJECT NO,: 17-6888 PEDESTRIAN IMPROVEMENTS ON SANTA ANA BOULEVARD Item Description Qty Unit Unit Price Amount 14 Furnish and Install New Survey Monument* 1 EA $ N r m) $ i 1 Q 00 15 Adjust OCSD Manhole Frame and Cover to Finished Grade* 1 EA $ tf Go $ 1 (20 t r 16 Signing and Striping 1 LS $3o ) POo $ ^� ®l I oo J 17 Temporary Construction Signs 2 EA $C? $ p '" I t 8 Install RRFB (Rectangular Rapid Flashing Beacon) System I LS A Irl �� 9 J $ �1• J TOTAL BASE BID $ I �J Add Alternative Bid "I" 14 Romeve Pole, Foundation, Solar Panel and Cabinet I LS V rox $ J Total Adel Alt 1 $ Add Alternative Bid "II" 20 Unclassified Excavation* 20 CY $ 500 $ 1 oClp'g 21. Install PCC Sidewalk (4") 800 SF 'I'm $ 6,1600 �Q% tJ 22 Install PCC Curb Ramp 300 SF $ , � $ .3N'00— 3 ' 00 23 Install PCC Curb and Gutter (Type A-2.8) 100 LF $ $ '57 b® 24 Root Shave* 1 EA $ TOO 25 Abandon Gate Valve* 1 EA $ k' U ®® $ � 1000 26 Remove Fire Hydrant and Assembly 1 EA 1"7roo® {$ 1-7,®®c) 27 Famish and Pistall New Fire Hydrant 1 BA $' r � t 28 Adjust Water Meter Frame Box to Finished Grade* I EA $ (Poo $ 00 Total Add Alt 2 An P-2 of P-18 23A-8 Kr a; CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6888 PEDESTRIAN IMPROVEMENTS ON SANTA ANA BOULEVARD Add Alternative Bid "III" Item Description Qty Unit Unit Price Amount 29 Unclassified Excavation* 30 CY $ � SIS�or, 30 Install PCC Sidewalk (4") 1300 l� '11100 qII00 31 Install PCC Curb Ramp 300 SF $ d 3*v 32 Install PCC Curb and Gutter (Typo A-2-8) 100 LF $ 6_0 $ 5, o o® 33 Furnish and Install New #6 Pullbox* 3 FA $ -700 $ 1100 Total Add Alt 3 $ 1000 TOTAL (BASE BID) $ C1 00 m+� r TOTAL (BASE BID + ADD ALT. 1) $ TOTAL (BASE BID + ADD ALT. 2) $ <°1 s�s'�i TOTAL (BASE BID + ADD ALT. 3) $ 3 TOTAL (BASE BID 1- ADD ALT. 1 + ADD ALT. 2) $ TOTAL (BASE BID + ADD ALT. 2+ ADD ALT. 3) $ 3,004 r TOTAL TOTAL (BASE BID + ADD ALT. 1+ ADD ALT. 3) $ TOTAL (BASE BID + ADD ALT. I + ADD ALT. 2+ ADD ALT. 3) $ P-3 of P-18 23A-9 01 CITY OF SANTA ANA PROPOSAL PROJECT NO,: 17-6888 PEDESTRIAN IMPROVEMENT'S ON SANTA ANA BOULEVARD 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 shownfor bid comparison only. This bid item shall not be subject to the "25%" limit as stated in Section 3-2 of the Standard Specifications. The actual. amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. This bid item is considered a Specialty Item per Section 2-3.2 of the Standard Specifications. TIME FOR COMPLETION OF IMPROVEMENTS AND LI f UIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within number (35) working days after the cormnencement date stated in the Notice to Proceed. The liquidated damages amount, in lieu of the amount specified- in Subsection 6-4 of the Standard Specifications, shall be $1,000 per calendar day. Name of Firm Signature of SI] Title SteveKirschner- Vice President (If an individual, so state. If a firm or co -partnership, state the firm name and give the frames of all individual co-partners composing the fine. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) Please see attachment "A" P-4 of P-18 23A-10 Attachment A %Ldy 61,V4rper, Inc, Corporate Officers Fred 11, Maas, Jr., P—esideaat., Treasuu er -- � 1312 E. 'Warner Avenue hole: (714. 114A�-1851 5asrta Arra, CA 92`105 Dan b T. �flaas, CEO, znug �$'lI-ex 3,12 E. arzzer eve rue 5aztica Ana, CA 92703 Steve lCreclnier, Vice presiclent 1312 E.'arnex Avenue %21c 16 ^14 444-1851 . —_._ _..._.__. Santa Aria, CA 92705 _,�...._._,_,....._.—_ _— 5 C�oro), Knn�schrier, -1/F0 1312 E, Warner A Yeaue hone !14 4Q4•-1851 Santa Ana, CA 92705 Kxistcrl S„ Raninlo, Corp oxate Secretary 1312 E. Wanier A- eaue l 01 e 71Gk 14s lIIs1 T ant a. <'4..na, C4 92705 23A-11 CITY OF SANTA ANA PROPOSAL PROSECT NO.: 17-6888 PEDESTRIAN IMPROVEMENTS ON SANTA ANA BOULEVARD BIDDER'S STATEMENT BIDDER understands and agrees that this Bid Proposal, Contract Documents and subsequent Construction Contract Agreement shall constitute the entire agreement between BIDDER and the AGENCY only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seat noting hereon the action of approval of the Council, signed by the Public Works Agency Executive Director or his/her dulyauthorized 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 beeneitherdelivered 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 tate 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 abalanced 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 Signature of BE Title _ Steve Kirschner -Vice 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-5 of P-18 23A-12 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6888 PEDESTRIAN IMPROVEMENTS ON SANTA ANA BOULEVARD CONTRACTOR'S LICENSING AND REGISTRATION STATEMENT The undersigned contractor, or corporate officer, declares under penalty of perjury that he/she and all his/(ter subcontractors are registered with the State of California Department of Industrial Relations (DIR), and that the following is true and correct. Contractor's Name: Hardy & Harper, Inc Business Address: 1312 H. Warner Ave., Santa Ana, CA 92705. Business E -Mail Address: skirschner@hard ndhar er.cocn Telephone: 714-444-1851 State Contractor's License No. and Class: 215952; A, C-8, C12 License Expiration Date: 12/31/17 State Dept. of Industrial Relations (DIR) Registration No.: _ 1000000076 State Dept. of Signed: Title: Steve Kirschner - Vice President 6/30/17 P-6 of P -l. S 23A-13 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6888 PEDESTRIAN IMPROVEMENTS ON SANTA ANA BOULEVARD PREVAILING WAGE COMPLIANCE AND MONITORING STATEMENT Contractor is aware of the requirements of California Labor Code Section 1720, et seq., as well as California Code of Regulations, Title 8, Section 16,000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public, works" and "maintenance" ,projects. Since the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to frilly comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The undersigned certifies that the foregoing is true and correct. Name of Firm Signature of BE Title Vice President (if an individual, so state) P-7 of P-18 23A-14 CITY OF SANTA ANA PROPOSAL PROTECT NO.: 17-6888 PEDESTRIAN IMPROVEMENTS ON SANTA ANA BOULEVARD OWNERSHIP AFFIDAVIT STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS: CITY OF SANTA ANA ) Steve Kirschner , being duly sworn, deposes and says: ❑ INDIVIDUAL That he/she is the party making the foregoing proposal: PARTNERSHIP That he/she is a member of the co -partnership firm designated as: and who has been and is duly vested with the authority to make and execute instruments for the co -partnership by: who constitute the other members of the co -partnership. Q CORPORATION That he is of: _ Vice President of Hardy & Harper, Inc a corporation which is making the foregoing proposal: JOINT VENTURE That he is of: one of the parties making the foregoing proposal as a joint venture, and the he/she has been mid is duly vested with the authority to execute instruments for an on behalf of the parties making said bid who are: that such a bid is genuine and not collusive or sham, and has not in any manner sought by 0 ollusio1l to ecure an duantage against the City of Santa Ana or any person interested in the propo n r him or any other person. Signature of Bidder Steve Kirschner -Vice President Subscribed and sworn to before me this _T day of _ 20 — Signature of officer Administering Oath (Notary Public) P-8 of P-18 23A-15 CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE § 8202 Cl See Attached Document (Notary to cross out lines 1-6 below) U See Statement Below (Lines 1-6 to be completed only by document signer[s], Signature of Document Signer No. 1 Signature of Document Signer No. 2 (if any) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate Is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of _—Orange =02AM01 NTV Seal Piece Notary Seal Above Subscribed and sworn to (or affirmed) before me on this ----14— day of November 20 16 , by Date Month Year (and (2) ), Name(4 of Signer) proved to me on the basis of satisfactory evidence to be the person( who apppeeared\ before me. N — Signature-�~�`�� Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form town unintended document. Description of Attached Document Title or Type of Document: Proposal __ Number of Pages: --I-- Signer(s) Other Than Named Above: Document Date: November 1426 None k�.t.'fif(''C`t�-'�iGS-�'GXSr„�h44`�G`P'G'�%C':!?G`4F+ �4'�v_'-�. a`Ii(iL-4`I,:4+"�(.`�'��•tim4"'.L^?4`4Ggtisx.U`L�.'^GY10`4�C,Y7a�4Y(:esdn�zX%C+LC•`SX�Rv;�"42�'.<.Y 02014 National Notary Association • www.NationalNotary.org • 1.800 -US NOTARY (1-800-876.6827) Item 15910 23A-16 CITY OF 'SANT` ANA Bond No. CSBA-3552 PROPOSAL, PROJECT NO.: 17-6888 PEDESTRIAN IMPROVEMENTS ON SANTA ANA BOULEVARD BID BOND KNOW ALL PRESENT that, Hardy & Harper, Inc. as BIDDER, and Fidelity and Deposit Company of Maryland as SURETY, are held and firmly bound unto the CITY OF SANTA ANA, as AGENCY, in the penal sum of _ Ten Percent of Amount Bid Dollars ($10% ***'k* 1, which is ten percent (10%) of the total amount bid by BIDDER to AGENCY for the above -stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to AGENCY for the above -stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seal this 15Th day of November 2016 BIDDER* 1312 E. Warner Avenue SURETY* 777 South Figueroa Street, Suite 3900 Fidelity and Deposit Company of Maryland Los Angeles„ CA 90017 (213) 2.70-0600 A Subscribed and sworn to before me ,20—, Signature: Notary Public in and for the County of 516-1232 this day of , State of Provide BIDDER/ SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. P-9 of P-18 23A-17 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validitV of that document. State of California County of _w Orange ) On November 15 2016 before me, Susan Pugh Notary Public (insert name and title of the officer) personally appeared Dwight Reilly _ , who proved to mean the basis of satisfactory evidence to be the person(s) whose name(s) is/are Subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal, susaN pueH SS�� COMM. #21tl50.05 ^vm' S:'+' < Notary Puhlic-0alifornla ` -" ORANGH COUN'T'Y ': My Camm. �piraaApr28;�0i@ Signature (Seal) 23A-18 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by MICHAEL BOND, 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 bereo£ and are hereby certified to be in fall force and effect on the date hereof, de hereby nominate, constitute, and appoint Daniel HUCKABAY, Dwight RE ILLY, Andrew WATERBURY, Arturo AYALA, Shaunna BURCHFIEL and Michael CASTANEDA, all of Orange, California, EACH its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on. the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 9th day of May, A.D. 2016. ATTEST: By Secretary Eric D. Barnes ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND � �y OtaOsrr ,a`Wp}) INs�y� BBAI, � fid Fkm'4 Y n aw ALP 1J Vice President Michael Bann State of Maryland County of Baltimore On this 9th day of May, A.D. 2016, before the subscriber, a Notary Public of the State of Maryland, duly comnilssioned and qualified, MICHAEL BOND, Vice President, and ERIC D. BARNES, Secretary, of [tie Companies, to me personally ]mown to be the individuals and offoers 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 promlling instrument are die Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed said subscribed to the said instrument by the authority and direction of the said (Arpet9tle08. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and you first above written. ''/ltlfll1111\\�\ POA -F 012-00796 Constance A. Dunn, Notary Public My Commission Expires; July 9, 2019 23A-19 e EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys -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, reeognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney -in -£act to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority atany time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, mid the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in Rill 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 hold on the 10th 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 mid effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 15thday of November 2016 . oro oJ4 hN........ ,y l A X.-a -�' At Gerald F. Haley, Vice President TO REPORT A CLAIM WITH REGARD TOA SURETY BOND, PLEASE SUBMIT ALL REQUIRED INFORMATION TO: Zurich American Insurance Co. Attn: Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 23A-20 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 °ta;sia(+,a�.[�fu':C`�r.E,d"{•,sg'--ak;i`Q^Y`,cYx�ib-Yu.Y'c:Cmc`f7.hn'.�x'iC`2':Cf3X�vC&�c'Ss:Gc:CeiUs�`�i£�£�`.C;c-McuS'�f's';.i`csif'�fraficS.t^S 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 November 15. 201 Fes-_ before me, Tlna Pham Notary Public Date Here Insect Name and Title of the Officer personally appeared Steve irsch er NameXof Signer who proved to me on the basis of satisfactory evidence to be the person(g) whose name(8) is/axe subscribed to the within instrument and acknowledged to me that he/stfe/tnoy executed the same in his/hoer/their authorized capacity(iet), and that by his/hor/their signature(g) on the instrument the person(s), or the entity upon behalf of which the person(g) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph qt is true and correct. TINA PRAM i` WITNESS my hand and official seal. COMM.#21493&4 m � �Notary Public-Calitornla LL ORANGE CQUNTY Signature — ----- My Oemm. ExpUes Apr 17, 2020 Sign ture of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Bid Bond Document Date: November Number of Pages: 1 Signer(s) Other Than Named Above: None Capacity(ies) Claimed by Signer(s) Signer's Name: Steve Kirschner © Corporate Officer — Title(s): vire mariont 0 Partner — 0 Limited 0 General 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: _ Harte & Narper Inc Signer's Name: 0 Corporate Officer — Title(s): 0 Partner — 0 Limited 0 General •individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: tCc�ae-L'W_'R:C:`e✓�c4'c4wz' .c`X>4FLe%`*-Grz;?=!:£' �e+Fr'.:4'4;t,`44cX-'s-C<.()r v�:R.Lc.z^z 4r.Gr.,(',c%G� ."v.%Ge�� '4%Gv;C:¢z.c.<,;fir F�, LSq..z.G�;<Y�;c @2014 National Notary Association • www.NatiorialNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item t#5907 23A-21 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-5888 PEDESTRIAN IMPROVEMENTS ON SANTA ANA BOULEVARD LIST OF SUB -CONTRACTORS Section 4100 et. seq. of the Public Contract Code requires listing of all subcontractors with the bid for all subcontract work exceeding the following amount: o Streets, highways including bridge projects: `/a% of the bid or $10,000, whichever is greater o Buildings, parks; or other projects: '/z% of the bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIR). BIDDER proposes to subcontract certain portions of the work to the firms listed below: Name G -A I License #/Exp. DIR Reg, 4/Exp. Location Phone l Type Of Work Amount $ Name 0( 5-hjVrB9 Se_r1)i&C, License #/Exp. J :5'fr0109. , ' DIR Reg, #/Exp. p !7 i1m n n 5S'qr License # Location ocoritg / e Phone (11 (o. Ape Amount Work— 5 n i Amount $ Name License #/Exp. DIR Reg. 4/Exp. License Location Phone Name License 4/Exp. DTR Reg. #/Exp. Location Phone Type Of Work Amount $ Naive License #/Exp. DIR Reg. #/Exp. License # _ Location _ Phone Type Of Work Amount $ Name License #/Exp. DIR Reg.#/Exp. License # Location Phone Type Of Work Type Of Work Amount $ Amount $ Signature of. Bidder SteveKirschner-VicePresident P-10 of P-18 23A-22 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6888 PEDESTRIAN IMPROVEMENTS ON SANTA ANA BOULEVARD REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER has performed similar work within the past three years. 2. 3. Please see Name and) �sv a 'Owner. Name and Telephone Number of person familiar with project. Contract Amount Name and Address of owner. Type of Work Name and Telephone Number of person familiar with project. Contract Amount Name and Address of owner. Type of Work Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed Date Completed Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. Surety: Fidelity & Deposit Company of Maryland; 777 S. Figueroa St, Los Angeles, CA 90017 (213) 270-0600 Agent: Commercial Surety Bond Agency; 1411 N. Batavia St, Orange, CA 92867 (714) 516-1232 P-11 of P-18 23A-23 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6888 PEDESTRIAN IMPROVEMENTS ON SANTA ANA BOULEVARD ADDITIONAL REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER or Subcont actor has performed similar work in the past five years. 1, Please see attachmen(. KX-Sk ti Name and Address of Owner. 2. Name and Telephone Number of person familiar with project. Contract Amount Name and Address of owner. Type of Work Name and Telephone Number of person familiar with project. Contract Amount Name and Address of owner. Type of Work Name and Telephone Nlunber of person familiar with project. Contract Amount Type of Work Date Completed Date Completed Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. Surety: Fidelity& Deposit Company d Maryland• 777 S. Figueroa St, Los Angeles, CA 90017 (21.3) 270-0600 Agent: Cormne•cial Surety Bond Agency; 1411 N. Batavia St, Orange, CA 92867 (714) 516-1232 P-12 of P-18 23A-24 M PUBLIC WORKS REFERENCES Attachment/b 2015/2016 Owner/Agency Contact Project (Amount & Completion Date) City of Pasadena Richard Yee Preventitive Maintenance 100 N Garfield Ave (626) 744-4643 Street FEDERAL ID NO. Pasadena, CA 92570 STPL-5064(081) $1,518,2.31.24 8/15 City of Covina Natalie Avila Resurfacing of Streets at 125 E. College Street (626) 384-5400 Hollenbeck Ave, Cypress St, Covina, CA 91723-2199 RAv_i�aCyoovin�c�ov_ $624,297.95 8/15 City of Laguna Niguel Frank Borges St, Christopher Neighborhoods 30111 Crown Valley Parkway (949) 362-4325 & Via Vetti Pavement Rehab Laguna Niguel, CA 92677r asd,ityQf[u n ni_ual.or-q Improvement No. 15-02 $1,226,861.00 9/15 City of Norco Bill Thomas FY 2015-16 Annual Minor 2.870 Clark Ave (951) 735-3900 Street Rehabilitation Phase I Norco, CA 92860 $777,000.00 10/15 City of Walnut Natalie Avila, RE Area 1 & 2 Street 21201 La Puente Rd, (909) 594-9702, Ext. 315 Resurfacing Project Walnut, CA 91789 navilo,& agroupcom $1,077,000.00 11/15 City of Rancho Cucamonga Romeo David Foothill Blvd Pavement 10500 Civic Center Drive (909)477-2740 Rehabilitation Rancho Cucamonga, CA 91730 ELoryipc.bavic acityol9aus$1,076,200.00 11/15 City of Norco Bill Thomas FY 2015-16 Annual Minor ^ 2870 Clark Ave (951) 735-3900 Street Rehabilitation Phase 11 Norco, CA 92860 $547,000.00 11/15 City of Simi Valley Fuad Shameut, P.E W FY 2015-16 Annual Minor 2929 Tapo Canyon Road (805) 583-6788 Street Rehabilitation Simi Valley, CA 93063 FShannouL&dinlyLa e�Lo1a1 $1,213,960.50 11/15 23A-25 PUBLIC WORKS REFERENCES Attachment A;(3 2015/2016 Owner/Agency Contact Project's Info City of Redondo Beach Lauren Sablan, P.E Aviation Blvd Resurfacing 415 Diamond Street (310) 318-0661 Project Redondo Beach, CA 90277 L�urM-9—aatxlai (n) tlondomorcu $367,293.00 12/15 City of Palm Desert Bo Chen, P.E Portola Ave STP Rehabilitation 73-510 Fred Waring Drive (310) 370-5099 Project Palm Desert, CA 92260becPren rinfpalrndes�rl.a� $639,204,74 2/16 City of Lake Elsinore Ken Rukavina FY 15-16 Citywide Pavement 130 South Main Street (951) 674-3124 Rehab Phase 5 Lake Elsinore, CA 92530ukavin�, Oke-elsinare.nrcr $560,736.74 2/15 City of Lake Elsinore Ken Rukavina FY 15-16 Citywide Pavement 130 South Main Street (951) 674-3124 Rehab Phase 4 Lake Elsinore, CA 92530 ki?vinn ha e-dss!iigup,P!J $895,665.91 3/16 City of Colton Jess Sotto FY 15-16 Asphalt Paving 650 N. La Cadena Drive (909) 370-5099 Project Colton, CA 92324 $1,569,242.84 4/16 City of Pasadena Sean Singletary Preventitive Maintenance of 100 N, Garfield Ave (626) 744-4273 Streets 2015 Pasadena, CA 91109 gsnita uofa sq en .nat$1,182,829.46 4/6116 City of Westminster Tuan Pham Citywide Street Improvement 8200 Westminster Blvd (714) 898-3311 For Various Residential Streets Westminster, CA 92683 ph�rr vwcsrrilm r -.a.21 $679,108,61 5/16 City of Arcadia Jan Balanay Pavement Rehab Program 240 West Huntington Dr (626) 256-6582 Camino Real Ave & 6th Ave Arcadia, CA 91066 Project # 33854016 $632,386.21 7/16 City of Fontana Ticha Loera Pavement Rehab of Slover Ave 8353 Sierra Ave (909) 350-6696 From Mulberry Ave to Cherry Fontana, CA 92335t_Irontariai.o_r . Ave $1,313,161.86 8/16 City of La Canada Flintridge Greg Kwolek 2016 Citywide Street 1327 Foothill Blvd (818) 790-8880 Resurfacing La Canada Flintridge, CA 91011 gkwo(ka-)Jcf-ra av $1,O84,562.67 8/16 23A-26 rQUIi s_C .. M.:.. PROPOSAL PROJECT NO.: 17-6888 PEDESTRIAN IMPROVEMENTS ON SANTA ANA BOULEVARD NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 11.2 and Public Contract Code Section 7106) In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is germine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. BIDDERS are cautioned that alci a false certification may subject the certifier to criminal 17 Signed State of California County of Subscribed and sworn to (or affirmed) before me on this day of , 20_, by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me Notary Public Signature Notary Public Seal P-13 ofP-18 23A-27 CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE § 8202 lY"4'L"- `fi�4c£e�-f..c-„'cs�dS' 2lY',t^,S3��Y'.c^CaY;�izrm,:rsf!:s;rCcY;xn:.;ss°`..C�.�E'C.s`,C;fruz..rs>as`ficcy`d.`Cds`bY`s,4'cSaGY}L^a.^"YAG ;C,i`E;fe'�"..rz-t�rt CI See Attached Document (Notary to cross out lines 1-6 below) Ct See Statement Below (Lines 1-6 to be completed only by document signer[s], not Notary) Signature of Document Signer No. i Signature of Document Signer No. 2 (if any) A notary public or other officer completing this certificate verifies only the Identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange TINA PNAM COMM.#214@384 Asa' Notrary PubIIC.CaI'r.mla a P"� ORANOE COUNTY �: My C4f0M F.xi Apr 17, 2020 Seal Place Notary Seal Above Subscribed and sworn to (or affirmed) before me on this —14-- day of November 2016, , by DateMonthYear (and (2)- _ ), NameO of Signer( proved to me on the basis of satisfactory evidence to be the person( who appeared before me. Signature 9""' -- Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Non -Collusion Affidavit _Document Date: November 14, 22 Number of Pages: �Signer(s) Other Than Named Above: None 02014 National Notary Association • www.Nationa[Notary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5910 23A-28 CITY OF SANTA ANA PROPOSAL PROJECTNO.: 17-6888 PEDESTRIAN IMPROVEMENTS ON SANTA ANA BOULEVARD NON-DISCRIMINATION CERTIFICATE The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: I. The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's cormmitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant order„ of the Secretary of Labor. 5, The Contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rides, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractor's iron -compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Govelmrient contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies involved as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. P-1,4 of P-18 23A-29 CITY OF SANTA ANA PROPOSAI. PROJECT NO.: 17-6888 PEDESTRIAN IMPROVEMENTS ON SANTA ANA BOULEVARD 7. The Contractor shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request that the United States enter into such l CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6888 PEDESTRIAN IMPROVEMENTS ON SANTA ANA BOULEVARD STATEMENT REGARDING APPRENTICESHIP REQUIREMENTS The undersigned BIDDER is familiar with the requirements of Section 1777.5 of the State Tabor Code regarding employment of apprentices, and understands that contractors on contracts exceeding $30,000 or 20 working days shall: 1. Apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. 1 Employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards. 3. Contribute to the fund or funds in each craft or trade in which he/she employs journeymen or apprentices on the public work, in the satire amount or upon the same basis and in the same manner as the other contra tors, except contractors not Signatory to the trust agreement shall pay a like ar t to the al' i is Ap nticeship Council. Signed: Title; SteveKirschner- VicePresident Firm; Hardy & Harper, Inc Date; 11/14/16 P-16 ofP-18 23A-31 CITY OF SANTA ANA PROPOSAI, PROTECT NO.: 17-6888 PEDESTRIAN IMPROVEMENTS ON SANTA ANA BOULEVARD STATEMINT,RF,GARDiNG "ANTI -KICKBACK" REQUIREMENTS The undersigned is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with the Copeland "Anti -Kickback" Act (18 USC 74) as supplemented in the Department of Labor regulations (29 CFR, Part 3), This act provides that each contractor or subcontractor shall be prohibited from inducing, by any means, any person employed in the construction or repair of public work, to give up any part of the compensation to which he/she is othejwise e ltilkd. , Signed: _ Lr�------- — Title: Steve 1G'rschner - Vice President Finn: Hardy & Harper, Inc Date: 11/14/16 P-17 of P-18 23A-32 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6888 PEDESTRIAN IMPROVEMENTS ON SANTA ANA BOULEVARD PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE In conformance with Public Contract Code Section 10162, the BIDDER shall complete, under penalty of perjury, the following questionnaire: Has the BIDDER, any officer of the BIDDER, or any employee of the BIDDER who has a proprietary interest in the BIDDER, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local goverrunent project because of a violation of law or a safety regulation? Yes No X If the answer is yes, explain the circumstances in the following space. P-18 of P-18 23A-33 MAYOR Miguel A. Pulldo MAYOR PRO TEM Vicente Sarmlento COUNCILMIEMBERS Angelica AmaMla P. David Benavides Mlohele Martinez Raman Reyna Sal Tinalero November 3, 2016 ADDENDUM No. One CITY OF SANTA ANA 20 Civio Center Plaza • P,O. Box 1088 M-36 Santa Ana, California 92702 J14) 647-6013 www Banta -arta = SUBJECT: PROJECT NO. 17-6888: Pedestrian Improvements on Santa Ana Boulevard CITY MANAGER David CavwoS CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Marla D. Huizar The following changes have been made to the Contract Documents and Specifications for the subject project: • The bid opening date has been changed as indicated in the Notice Inviting Bids attached. All other terms and conditions remain the same. CITY OF SANTA ANA Edwin "William" Galvez, PE City Engineer 23A-34 SANTA ANA CITY COUNCIL. V19M A. Pull& Vicemo Sarmlenlu Mlcllale Mwtlnez A19o11ee Amwum R aavld Daravides rRomm Rayna Sal'nrw)"ro Mayor Mayor No Tom, Ward'I Ward2 Werd0 Wmi4 Wa[dt, Werd6 MR—L11LdoL"v&ft-W1 = MITILVSIl4C4ifi8AllV:B[]fl..QC9¢III14dIIL:Z,�.4illLH_90a.4r.4 lidlll4't44Li4Lailrila: npe.➢Cq.rwbeaav443IC11s_'slel'si;illli44J.4 L[£YL a�sPLHd:PI1d.Af9 u11pkI.4rPkP.rWNL1ta:42u•n 23A-34 23A- n 1 n � y � � r 23A- 23A-36 Exhibit 3 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT NO. 17-6888 PEDESTRIAN IMPROVEMENTS ALONG SANTA ANA BOULEVARD This CONSTRUCTION CONTRACT is made and entered into this 20 day of December, 2016, 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 referred to as "CITY" and Hardy & Harper, Inc., hereinafter referred to as "CONTRACTOR'. WITNESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: I. 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 PEDESTRIAN IMPROVEMENTS ALONG SANTA ANA BOULEVARD 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 • 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 hnprovement the sum total amount not to exceed $278,000 — Two Hundred Seventy-eight Thousand Dollars and no cents, as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A." Page I of 3 23A-37 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT NO, 17-6888 PEDESTRIAN IMPROVEMENTS ALONG SANTA ANA BOULEVARD 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. 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. 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. 7. 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 $500,000, the Warranty Bond amount shall be the greater of $10,000 or 20% of the final contract price. For projects above $500,000, the Warranty Bond amount shall be the greater of $100,000 or 10% of the final contract price. 8. 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. Page 2 of 3 23A-38 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT NO. 17-6888 PEDESTRIAN IMPROVEMENTS ALONG SANTA ANA BOULEVARD IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney BY J -Funk Assistant City Attorney CITY OF SANTA ANA: DAVID CAVAZOS City Manager RECOMMENDED FOR APPROVAL: Fred Mousavipour Executive Director, Public Works Agency CONTRACTOR: By: Page 3 of 3 23A-39 23A-40 COST ANALYSIS CONSTRUCTION OF THE PROJECT NO. 17-6888: PEDESTRIAN IMPROVEMENTS ALONG SANTA ANA BOULEVARD Construction Contract $ 278,000.00 Contract Administration $ 18,308.00 Inspection and Testing $ 23,392.00 Contingencies $ 27,800.00 TOTAL ESTIMATED CONSTRUCTION COSTS $ 347,500.00 EXHIBIT 4 23A-41 23A-42