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HARDY & HARPER, INC. (9)
Recording Requested By, Recorded in Official Records, Orange County And When Recorded Mail To: Hugh Nguyen, Clerk-Recorder Clerk 20 Ciov c Center Plaza,1P O.Boxt19 8he Council, Cty of Sana a 11+ 1111 IE�IE�11111 II 111111 I I, 11� NO FEE Santa Ana,CA 92702 * $ R 0 0 0 9 1 8 8 8 2 0 $ * 2017000i429391:40 pm 04/10117 227 409 N 12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 THIS SPACE FOR COUNTY RECORDERS USE ONLY e, T NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the undersigned City of Santa Ana, California, a municipal corporation, with the address of City Hall, 20 Civic Center Plaza, Santa Ana, California, 92701, is the owner of the property hereinafter described, that said owner has caused c construction of PEDESTRIAN IMPROVEMENTS ON SANTA ANA BLVD under contract entered into on DECEMBER 20, 2016, with HARDY & HARPER, INC., on which contract x , FIDELITY AND DEPOSIT COMPANY OF MARYLAND is surety. The property on which osuch work improvement was placed is in the City of Santa Ana, County of Orange, State of o California, and described as Project No. 17-6888 located at: SANTA ANA BLVD. The work Aimprovement on said property was accepted as completed on MARCH 31, 2017. a o � O CITY OF $AN%A ANA, A MUNICIPAL CORPORATION w O z Q Dated: Princi a Civil Engineer-Tyrone Chesanek TITLE Ova ------------------------------------------------------------------------------------------- w e4 VERIFICATION I, the undersigned, say: I am the _ City Engineer - Edwin"William" Galvez of the City of Santa Ana, California; I executed the foregoing Notice of Completion acting on behalf of the owner of the property therein described; I make this verification on behalf of said corporation by authorization of the City Council of the City of Santa Ana; I have read said notice and know the contents thereof; and I declare under penalty of perjury that the facts therein stated are true. Executed on ��/ , at Santa Ana, California (Signature of indivi ai swearing that the contents of Notice f Completion are true.) THIS NOTICE OF COMPLETION MUST BE RECORDED WITHIN TEN(10)DAYS AFTER COMPLETION REQUEST 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, 3131 CLERK OF COUNCIL USE ONLY: APPROVED iDEC 2 0 2016 G As Recommended, 23 %A ® As Amended [� Ordinance on 11"x Reading LJ Ordinance on 2nd Reading © Implementing Resolution Set Public Hearing For CONTINUED TO FILE NUMBER CITY MANAGER RECOMMENDED ACTION 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: 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. 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. 1 Fr d M us vipour Executive Director Public Works Agency FMIEWGITCIMO Exhibits: 1. Location Map 2. Bid 3, Construction Contract 4. Cost Analysis APPROVED AS TO FUNDS & ACCOUNTS: Francisco Gutierrez.. Executive Director Finance & Management Services Agency ITEM 23A Exhibit # Pages Color 1 2 no 2 30 no 3 4 no 4 2 EXHIBIT 1 SANTA ANA PROJECT 176888 DATE AGENDA DATE: PWA CITY COUNCILPEDESTRIAN IMPROVEMENTS ON DEC. 20, 2016 SANTA ANA BOULEVARD PURL IC VMS &Kotex PAGE 1 OF 1 CITY OF SANTA ANA EXHIBIT 2 PROPOSAL PROJECT NO.: 17-6888 PEDESTRIAN IMPROVEMENTS ON SANTA ANA BOULEVARD BID PROPOS TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: Hary 8r 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 lunip suln(s) set forth in the following schedule: Item Description Qty unit Unit Price Amount I Unclassified Excavation* 300 CY $® $ 000 2 AC Pavement' 350 TN $ 100 170s,000 , 000 3 I01- Cold Mill (>2") 22,000 SF 0oW20 4 Install FCC Sidewalk (4") w 4,200 SF $ R0 "Al° 00 5 Install PCC Curb Rainp 900 Sr $ 6 4 $ 0 �s a 6 Install PCC Curb and Gutter (Type A-2-8) 300 LP $ s-0 $ 1,, , 000 7 Root Shave`. 3 EA $ c 00 $ � 1`"00 8 Adjust Water Valve Frame and. Cover to Finished. Grade* 5 EA $ g 4 $ 5,�a� 9 Abandon Gate Valve * 1. EA $ � 1000 10 Adjust Water Meter Fraine Box to Finished. Cn,ade* 1 EA $ Goo $ Goo 11 Adjust Sewer and Drainage Manhole to Finished Grade's 7 EA $ $ 12 Remove Fire Hydrant and Assewbly* I EA $ 000 f $ i 13 Furnish and Install New Fire Eydrant* l EA S r $ � � PW1 of P-18 CITY OF SANTA ANS. PROPOSAL PROJBCT NO,: 17-6888 PEDESTMAN IMPROVEMENTS ON SANTA ANA BOULEVARD Item Description Qty Unit Unit Price Amount 14 Furnish and Install New Survey Monument" l EA 111000 11000 $ � 1000 p00 15 Adjust OCSD Manhole Frame and Cover to Finished Grade* 1 FA $ I t; 0 $ tPoo f 16 Signing and Striping 1 LS Oi $ 3o, too 17 Temporary Constauctiou Signs 2 LSA „$7 $ I 1 18 Install. RUB (Rectangular Rapid Flashhig Beacon) System 1 1_.S 15 )OD $ TOTAL BASE BID $ Add Alternative Bid "I" 19 Remove Pole, Foundation, Solar Panel and Cabinet 1 LS $ ocoP $ Total Add Alt 1 $ Acid Alternative $id «IZ» 20 Unclassi#iod Excavatiou* 20 CY $5-01 $ r 21. Install PCC Sidewalk (4") 800 SE $-7®o® �00 22 Install PCC Curb Ramp 300 ,SF $ $ 23 Install PCC Curb and Gutter (Type A-2-8) 100 LF $o 24 Root Shave* 1 EA $ 0()$ > 25 Abandon Gate Valve* 1 EA $ k l o ®® $ � � 00ig 26 Remove Fire Hydnuit and Assembly 1 EA $ -7, ®oo $ --7, ®o o 27 Furnish and Install New Fire Hydrant 1 EA $ � ' t) $ 1„ 2$ Adjust Water Meter Frame Box to Finished Grade* 1 EA $ ()CI $ (000 Total Add Alt 2 $ voe qa W P-2 of P-18 CITY OF SANTA ANA PROPOSAL PROTECT NO.: 17-6888 PEDESTMAN IMPROVEMENTS ON SANTA ANA BOULEVARD Add! Alternative Bid "III" Item Description Qty Unit Unit Price Amount 29 Unclassified Excavation* 30 CY $ $I 30 Install PCC Sidewalk (4") 1300 -4f . 00 31 Install PCC Curb Ramp 300 SF $ 4 k $ - *v i 32 Install PCC Curb and Gutter (Typo A-2-8) 100 LF $ 6-6 $ 000 33 Funjish and Install New #6 Pullbox* 3 EA $ -700 $ a' 100 Total Add Aft 3 $ oOc TOTAL (BASE BID) $ C�o TOTAL (BASE BID + ADD ALT. 1) $ TOTAL (BASE BID + .ADD ALT. 2) $ �"'�06P TOTAL, (BASE BID + ADD ALT. 3) $ lob TOTAL (BASE BID + ADD ALT. 1 + ADD ALT. 2) $ a -71 TOTAL (BASE BID + ADD ALT. 2+ ADD ALT. 3) $,'7 00 TOTAL (BASE BID + ADD ALT. 1+ ADD ALT. 3) $ Q21, oa TOTAL (BASE BID + ADD ALT. ]. + ADD ALT. 2+ ADD ALT. 3) $ 9 -'R 0 cc P-3 of P-18 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6888 PEDESTRIAN IMPROVEMENTS 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 iterns (if any). The quantity for this laid item is shown for bid comparison only. This bid item shall not be subject to tbe "25%" limit as stated in Section 3-2 of alae 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. j This bid item is .considered a Specialty Item per Section 2-3.2 of the Standard Specifications. TllVlE 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(35).workin da s after the commencement date stated in the Notice to Proceed. The liquidated damages arnount, in lieu of the, amount specifiedin Subsection. 6-1 of the Standard Specifications, shall be $1,000 per calendar day. Name of Firm Signature of BIJ Title Stere Kirschner - Vice President (If as individual, so state. If a firm or co-party}ership, state the fim'i name and give the names of all. individual co-partners composing the firm. If a corporation, state legal name of corporation,. and names of President:, Secretary, Treasurer and Manager, thereof.) Please see attachment "A" P-4 of P-18 Attaclan-e t A ,�mdy Inc, corporate Minors ... ....... --phones: (71401144.185 - 1. home: 1.1 44--185 ._ T Tte�le it c��2 a, i�,e piesidei i .r ,,............�. hone. 719 141-1851 Corey WnClax-Lu, vp0 444, 1851 1iristen S, 3 aulil o, Co rpolratc. see eiRry -ohoue: (714. 641<,.1851 1312 E. 'W rae-T Avwl,ue Santa Ana, CA. 92705 1312, H, Warner Avenue u"a�ito Ana, -CA 92705 1312 E. W aa°'acl' A�vtllue Saltita. Ala, CA q2"105 �.._..�_ 1312 E, Warne -c l3.vez ua sallies Ano, CA 9270 1312 E. Warne: Aveaue Sal'l.�ta M05 CITY OF SANTA ANA. PROPOSAL PROJECT NO.: 17-6588 PEDESTRIAN IMPROVEMENTS ON SANTA ANA BOULEVARD BIDDER'S STATEMENT BIDDER understands and agrees that this Bid Proposal, Contract Documents and subsequent Construction Contract Agreerrient 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 anal official seat 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, denting 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 helshe will furnish AGENCY all req -iced bonds and certificate of liability insurance within ten (10) business days or the funds, check, draft, or BIDDERS bored substituted :in lieu thereof accompanying this proposal shall become the property of the AGENCY and shall be considered as payrnent 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 drat the bid is a balanced bid. In accordance with Section 7028.15 of the California Business and Professions Code, the undersigned certifies tinder penalty of perjury that the foregoing is true and correct. Name of Pirrn Signature ofBII Title Steve Kirschner -'Vice President (If an individual, so state. If a firr-n or copartnership, state the firth name and give the names of all individual co-partners composing the firm. If a corporation, state legal narne of corporation, and nannes of President, Secretary, Treasurer and Manager, thereof.) P-5 of P- t8 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 176888 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/her subcontractors are registered with the State of California Department of Industrial Relations (DIR), and that the following is true and correct. Contractor's Name: Hardy !& Harper, Inc Business Address: 1312 E. Warner Ave., Santa Ana, CA 92705 Business E71Vlail Address: skirschner@liard2ndhaTer.com er.corra Telephone: 714-444-1851 State Contractor's License No, and Class: 215452; A, C-8, C12 License Expiration Date: State Dept. of Industrial Relations (DIR) Registration No.: 1000000076 State Dept. of In strial Rel/ions IR) Registratio tion Ila : 6/30117 Signed: Tine: Steve Kirschner_ - Vice President P-6 ofP-18 CITY OF SANTA ANA PROPOSAL PROJECT NO., 17-6.888 PEDESTRIAN IMPROVEMENTS ON SANTA ANA BOULEVARD PREVAILINQ WAGE COMPLIANCE AND MONITORING STATEMENT Contractor is aware of the requirements of California Labor Code Section 1.720,. et seq., as well as Califo is Code of Regulations, Title 8, Section 16,000, er 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 "inaintenanee" project, as. defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Lavas. 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 snake 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 arid hold the City, its elected officials,, officers, einployees and agents free 'and harmless from any claira or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Lavers. The undersigned certifies that the foregoing is true and correct. Narne of Firm Signature of BT1 Title Vice President (if an individual, so state) P-7 of P-18 CITY OF SANTA ANS. PROPOSAL PROTECT NO.: 17-6888 PEDES`I"ItSAN IMPROVEMENTS ON SANTA ANA BOULEVARD OWNERSHIP AFFIDAVIT STATE, OF CALIFORNIA } COUNTY OF ORANGE ) SS: CITY OF SANTA ANDA ) Steve Kirschner , being duly sworn, deposes and says: ❑ INDIVIDUAL That he/she is the party making; the foregoing proposal: PARINERSIMP That he/she is a member of the co -partnership fu-ru 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. CORPORATION That he is of: Vice President of'Hark &Harper, Tno- a corporation which is making the foregoing proposal: JOINT VENTURE That he is of: one of the parties making the foregoing proposal as a joint venture, and the he/she has been and is duly vested with the authority to execute instruments for an on behalf of the parties making said bid with are: that such a bid is genuine and not collusive or sham, and has not in any manner sought by collusion to ecure,an dvantage against the City of Santa Ana or any person interested in the prop o n t t; r hire or: any other person. Signature of Bidder Steve Kirschner - Vice President Subscribed and sworn to bcfbire rile this � day of 20 Signature of officer Administering Oath (Notary Public) P-8 of P-18 CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT Cate § 8202 El Secy Attached Document (Notary to cross out lines 1-6 below) El See Statement Below (Lines 1-6 to be completed only by document signer[s], Signature of Document Signer No. 7 Signaturo 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 Subscribed and sworn to (or affirmed) before me County of __Orange — on this. 14 — day of November . 20 �6 _, by Date i�artth Year (and (2) TINA PKAM Narrrej4 of SignerComm, #�J40104 s) Notary publig-Calltorma. roved to me on the basis of satisfactory €� fiilN N titrY evidence My Comm; bpI aARY17,9400 to be the person! who appeared before me y Signature Signature of Notary Public Seal Place Notary Sea! 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. Prnpasal Document Date: November 14, 2�. Number of Pages. __1.,._ Signer(s) Other Than Named Above. � None. 02014 National Notary Association ' www.NatiQnalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item II5910 CITY OF SANTA ANA Bond No. CSBA-3557 PROPOSAL PROJECT NO.; 17-6888 PEDESTRIAN IMPROVEMENTS ON SANTA ANA BOULEVARD BID BOND KNOW ALL PRESENT that, Tardy & 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 sura of Ten Percent of Amount Bid Dollars ($1Q% ***'R* ), which is ten percent (10("7 of the total amount bid by BIDDER to AGENCY for the above -stated project, for the payment of which sum, KIDDER and SURETY agree to be bound, jointly and severally, fainly 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. fN WITNESS WERREOF the parties hereto have set their navies, titles, hands, and seal this 15th clay of November--, 2016 , BIDDER* 1312 E. Wa er Avenue SURETY* 777 Smith. Figueroa Street, Suite 3900 Fidelityand Deposit CoMany of M land Los Angeles, CA 90017 213 270-0600 a Dwight.Reilly, Attorney -in -Fact 1411 N. Batavia St., Suite 201, Orange, CA 92867 Subscribed and sworn to before me (714) 516-1232 this day of ,20—. Signature: Notary Public .in and for the County of , state of Provide BIDDER/ SURETY name, address; and telephone number and the naive, title, address, and telephone number of authorized representative. P-9 of P-18 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 November 15, 2016 before me, Susan Pugh,_Nota Public (insert name and title of the officer) personally appeared Dwight Reil! who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware 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 [land and official seal. Signature Susan Pugh 56" * SUSAN PUGH COMM. 423.05405 NotaryPuhlic•C.a)l OMIZ T}; ORANGE COUNTY u �•'. (Seal) My Comm. DpirooApt =11,9 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL M13N BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New Yorke 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 hereof and are hereby certified to be in full force and effect on the date hereof, dohereby nominate, constitute, and appoint Daniel HUCKABAY, Dwight REILLY, Andrew WATERBURY, Arturo AYALA, Shaunna BURCHFIEL and Michael CASTANE DA, all of Orange, California, EACH its true and lawful agent and Atturnoy-in-Fact, to make, execute, sea] 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 offiecrs 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 tme 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 5URL+'TY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND d� �a.w �}ti,,•�y, vice President Michael Band 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 Marylaizd, duly commissioned and qualified, MICHAEL BOND, Vice President, and ERIC D. BARNES, Secretary, of the Companies, to me porsatally known to be the individuals and officers described in and who executed the preceding instnarnent, and acknowledged the execution of same, and being by me duty sworn, deposeth and saith, that he/she isthe 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 tho autbority and dimation of the said Corporations. IN'l'ESTIMON Y WHER80F, I have hereunto set my hand and affixed my Official Seal the day and year first above written, • �li �yS1i'lY ''sl "n r1j�111 tl 11 l•}14 �\\^ Constance A. Dann, Notary Public My Commission Expires: July 9, 2019 POA -F 012-00795 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section &, Attorneys-in-Fack. The Chief Executive Officer, the President, or any ,Executive Vice President or Vice President quay, 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=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 AMY -RICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND ,SURETY COMPANY, and the :FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do herehy certify that the foregoing Power of Attorney is still in fall farce and effect on the date of this certificate; and I do farther certify that Article V, Section S, of the Thy -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 1999. 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 mrti'f=tc thereof bearing such facsimile signature and seal shall be valid and binding on the Conipany." This Pourer of Attorney aid 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 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 n7ade 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 trtanually affixed. IN TESTIMONY WHEREOF, I have. hereunto subscribed my name and affixed the corporate seals of the said Compmics, this 15thday of November- 20 16 . ,gyp 0[fnp�.r N3�'10, tiny �`y�N4i94"^ "pa' �^'"gew.�uN X -a �. At - Gerald F. Haley, Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT ALL REQUIRED INFORMATION TO: Zurich. American Insurance Co. Attn: Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT C[VIL CODE § 1189 S`.��i'.`��.4�"i�"�:'�a`.t".%{`a�.c�`�.1w-A-•''a�`d�iC�<'C`.X'k�'S"'rSiC°,?.`a�'ib�i.��e��Y'��5'�StP�;i��:5^.isL`�'�'%�'e�:S.�C`�%�r-E>.i-ti��.S�ef�"d'Y.�'eS:``eii.'S",:C:C,L'1^C�.'Yd 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 before me, Tina Pham, Notary Public , Date Here Insert Name and Title of the Officer personally appeared Sieve Kirschner_ NameX`of Signer who proved to me on the basis of satisfactory evidence to be the person(k) whose. name(o is/ate subscribed to the within instrument and acknowledged to me that he/sxe/tI,�ty executed the same in his/her/their authorized capaclty(k�t), and that by his/her/their signature() on the Instrument the person(}, or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OP PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. INA PRAM WITNESS my hand and official seal, P. CCl1Rl m. V149384 Nataary Public Calc@ornla oaANaF-COUNTY Signature— my ,• Cantm. i xpirns Apr 17, 2020. Sign Lure of Notary Public Place Notary Seal Above OPTIONAL Though thissection is optional, completing this information can deter alteration of the document or fraudulent reattachment of this.form to an unintended doCUMont. Description of Attached Document Title or Type of Document: ,Bid Bond Document Date: 5 2016 Number of Pages: 1 Signer(s) Other Than Named Above: None Capacity(ies) Claimed by Signers) Signer's. Name: a Kirschner 2) Corporate Officer -- Title(s): vj_cp zaskLent _ El Partner — ® Limited 0 General • Individual D Attorney in Fact ❑ Trustee C❑ Guardian or Conservator 0 Other: Signer Is Representing: Harte & Harper, Inc Signer's Name: El Corporate Officer — Title(s): El Partner — 0 Limited El General ❑ Individual ❑ Attorney in Fact i lTrustee ❑ Guardian or Conservator 0 Other: _ Signer Is Representing: 02014 National Notary Assoclation - www.NationalNotery,org - 1-800-1JS NOTARY (1-800-876-6827) Item #5007 CITY OF SANTA ANA. PROPOSAL PROJECTNO.: 17-6888 PEDESTRIAN IMPROVEMENTS ON SANTA ANA BOULEVARD LIST OF SUB -CONTRACTORS Section 4100 et, sec{. of the Public Contract Code requires listing of all subcontractors with the bid For all subcontract work exceeding the 1=ollowbxg waount: o Streets, highways including bridge projects: '/a% of1he bid or $10,000, whichever is greater o Buildings; parks, or other projects: %2% of tiie bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIR). BIDDEN proposes to subcontract certain portions of the work to the firms listed below: Name (,INlE4s stw License #/Exp. _""$ b .DIR Re.g. 4/Exp. % a060MO Location . t -p Phone 2(a 0-1 Type OfWoric (qs: k ►.n� Amount $ _._4to , t DO Name 0C .SAeng Se.rJrK�. License #/Exp 4 ;51 Dill Reg.: #/Exp. _ f b C30 ®t,). ' ..... License # Location Phone Type Of Work Son,' Arnouxit $ Name License #/Exp. DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $ Signature of Bidder Steve Kirschner - Vice President Name 1, License #/l;xp. 11 DIR Reg. #/Exp. Location Phone Type Of Work Amount $ Naive License #IExp. DIR Reg. #/I;xp.. License # Location _ Prone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $ P-10 of P-18 CITY OF SANTA. ANA PROPOSAL PROJECT NO.: 176888 PEDESTRIAN IN'ROVEMENTS 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. 1. Please see attacbment�e'-k "J3" Name and Address of Owner. 2. 3, 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. Date Corrrpleted Type of Work Date Completed Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. Surety: Fidelity & Deposit Company of Maryland; 777 S. Figueroa St, Las A.ngele6, CA 90017 (213) 2700600 Agent: Commercial Surety Bond Agency; 1411 N. Batavia St, Orange, CA 92867 (714) 516.1232 P-11 of P-18 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6888 PEDESTRIAN IMPROVEN ENTS ON SANTA ANA BOULEVARD ADDITIONAL REIN ERENCES The following are the names, addresses, and telephonD numbers for THRE, E public agencies for which the BIDDER. oar. Subcontractor has perforinecl similar work in the past five years. ] , Please. see attachment;-�C--��- 2. 3. Name and Address of Owner. Name and Telephone Number of person familiar with project. Contract Aniount Nacre vid Address of owner. Type of Work Date Completed Nance and Telephone Number of person familiar with project. Contract Amotuit Type of Work Name and Address of owner. Name and Telephone Number of person familiar with project. Date Completed Contract Amount Type of Work Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties fron'i whom BIDDER intends to procure insurmice and bonds, Sutety.- ridelity & De osit Coin an of Mary] and; 777 S. Fi ueioa St, Los Angeles, CA 90017 213 270-0600 Agent., Coit-Az�aetcial Surety Bond Agency; 1411 N. Batavia St, O.railge, CA 92867 (714) 516-1232 P-12 of P-18 RE PUBLIC WORKS REFERENCES Attachmorit/2' 201512016 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) $1,518,231,24 8115 City of Covina Natalie Avila Res'ur'facing of Streets at 125 E. College Street (626) 384-5400 Hollenbeck Ave, Cypress St, Covina, CA 917232199 fit�lvll�ccavin�c Dov $624,297.95 8115 City of Laguna Niguel Frank Borges St, Christopher Neighborhoods 30111 Crown Valley Parkway (949) 3624325 & Via Vetti Pavement Rehab Laguna Niguel, CA 92677 EsoLwsf ityg Ln,inj [, :i Improvement No. 1502 $1,226,831.00 9115 City of Norco _ Bill Thomas FY 2015-16 Annual Minor 2€370 Clark Ave (951) 736-3900 Street Rehabilitation Phase I Norco, CA 92860 $777,000,00 10115 City of Walnut Natalie Avila, P.E Area 1 & 2 Street 21201 La Puente Rd, (909) 594-9702, Ext. 315 Resurfacing Project Walnut, CA 91789 navilrkrjLc1�1, $1,077,000.00 11115 City of Rancho Cucamonga Romeo David Foothill Blvd Pavement 10500 Civic Center Drive (909)477-2740 Rehabilitation Rancho Cucamonga, CA 91730 rtrr�czc.laviei rrrityc�l'rc us $1,076,200,00 11115 City of Norco Bill Thomas FY 2015-16 Annual Minor 2870 Clark Ave (951) 735-3900 Street Rehabilitation Phase it Norco, CA 92860 $547,000.00 11115 City of Simi Valley Fuad SharnUit, P,E FY 2015-16 Annual Mirror 2929 Tapo Canyon Road (805) 583-6788 Street Rehabilitation Simi Valley, CA 93063 $1,213,960.50 11115 PUBLIC WORKS REFERENCES Attachrnent)kr0 201612016 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 90277c7�rdneao, $367,293,00 12115 City of Palm Desert Bo Chen, RE, Portola Ave STP Rehabilitation 73-510 Fred Waring Drive (310) 370-5099 Project Palm Desert, CA 92260barhvei� r c ik r�fp lF°nc esert,orc� $639,204,74 2116 City of Lake Elsinore Ken Rukavirta FY 15-16 Citywide Pavement 130 South Main Street (951) 674-3124 Rehab Phase 5 Lake Elsinore, CA 92530 $560,736.74 2116 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 $895,665.91 3116 City of Colton .less Sotto FY 15-16 Asphalt paving 650 N. La Cadena Drive (909) 370-5099 Project Colton, CA 92324. $1,569,242,84 4116 City of Pasadena Sean Singletary Preventitive Maintenance of 100 N, Garfield Ave (626) 7444,273 Streets 2015 Pasadena, CA 91109 �siYlc t c c it f?eirad r 1 $1,182,829.46 416115 City of Westminster Tuan Pham Citywide Street Improvement 8200 Westminster Blvd (714) 898-3311 For Various Residential Streets Westminster, CA 92683 tp'Larjac west!jinst�.c $679,108,61 5116 City of Arcadia Jan Balanay Pavement Rehab Program 240 West Huntington Dr (626) 256-6582 Camino Real Ave & 6th Ave Arcadia, CA 91066�talan� cr�rrs i�c cnv Project # 33854016 $632,386.21 7116 City of Fontana °Ticha Loera pavement Rehab of Slover Ave 8353 Sierra Ave (909) 350-6695 From Mulberry Ave to Cherry Fontana, CA 92335 ticran�anj.rcl, Ave $1,313,161.86 8116 City of La Canada Flintridge Greg Kwolek 2016 Citywide Street 1327 Foothill Blvd (818) 790-8880 Resurfacing La Canada Flintridge, CA 91011 W kwr)lek@10 gg cLpvv $1,084,562.67 816 CITY OF SANTA A.NA. PROPOSAL PROJECT NO.: 17-6888 PEDESTRJAN IMPROVEMENTS ON SANTA ANA BOULEVARD NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) In conformance with Title 23 United States Coda Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of. or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sharp; 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 share 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, cornpany association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Noon -collusion Affidavit is part of the proposal. BIDDERS are caut¢oned. that lei a False certification may subject the certifier to criminal Signed Kirschner - Vice President State of California County of Subscribed and sworn to (or affirmed) before ine on this day of , 2.0_, 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 of P-18 CALIFORNIA JURAT V41ITH AFFIANT STATEMENT GOVERNMENT CODE § 8202 ❑ See Attached. Document (Notary to cross out lines 1-6 below) 0 See Statement Below (Linos 1-6 to be completed only by document signer(s], not Notary) 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. Stato of California County of _ Orancfe TIILPHAMCOMM�Notary R PeORAy Comm. 0 Subscribed and sworn. to (or affirmed) before me on this 14 day of November , 20-16., by Ga�{t-e Month Year (and Narne(4) of Signer( proved to me on the basis of satisfactory ovidenge to be the person(,} who appeared before me. Signature_.._. �..-...., Signature of Notary public Seal 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: - Non -Collusion Affidavit Document Date; November 14, 2,a Number of Pages: -_1__ Signer(s) Other Than Named Above. None 02014 National Notary Association - www.NationalNotary,org - 1 -800 -US NOTARY (1-800-876-6827) Item #5910 CIT` ' OF SANTA ANA PROPOSAL PROJECT NO.: 176888 PEDESTRIAN 1WROVEMENTS ON SANTA ANA BOULEVARD NON-DISCRIMINATION CERTIFICATE The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: 1. The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion., sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following; employment, upgrading, demotion, or transfer; recruitment or rectuitnient 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 en'iployees 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 bo/slue has a collective bargaining agreement or other contract or understanding, a notice to be provided advisitg the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the xules, regulations, and relevant orders of the Secretary of Labor. 5. The Contractor shall funaish all information and reports required by Executive Order 11246 of September 24, 1965, at.d by tu.les, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will peewit access to his/.her books, records, and accounts by the adnaini.stering agency and the Secretary of Labot for purposcs of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractor's non,coanphance with the aondisc6 inatiott clautsos of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, tenninated, or suspended in whole or in part and the Contractor may be declared ineligible for further Governtnent contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions xnay be imposed and remedies invoked as provided ill Executive Order 11246 of September 24, 1565, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. P-14. of P-18 CITY OF SANTA. ANA. PROPOSAL 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 2.04 of Executive Order 11246 of September 244, 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 adz- inistering agency the Contractor may request that the United States enter into such litigation to protect the interests of the United States. S. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical :handicaps, mental condition; marital status, or sex of such persons, except as provided in Section 1420, and any contractor of public works vio frog this Section is subject to all. the penalties nposed for a violation of g J^apter. , Title: Stene KirscImer - Vice President r irn1: Hardy & Harper, Inc Date: 11/14116 P-15 of P-18 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 Labor Code regarding employment of apprentices, and understands that contractors on contracts exceeding $30,000 or 20 working days shall: I. 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 employinent and training of apprentices in the area or industry affected. 2. Employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards. 3, Contribute to the fund or funds in each craft or trade in which he/she employs journeymen or apprentices on the public work, in the same amount or upon the same basis and. in the same manner as the other contra tors, except contractors not signatory to the trust agreement shall pay a like ai t to the al' r is Ap nticeship Council. Signed: Title: Steve Kirschner - Vice President l iixxa: Hardy & Harper, Inc Date: 11/1446 P-16 ofP-18 CITE OF SANTA ANS, PROPOSAL PROJECT NO.: 1.7-6888 PEDESTRIAN IMPROVEMENTS ON SANTA ANA BOULEVARD STATEMENT REGARDING "ANTI-KICKBACIC' REQUWR NTS 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 stiipplemented 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 lie/she is oth wise enti . d. Signed: T - Title., Steve Kirschner - Vice president Firm- Hardy & Harper, Inc Date: 11/14/16 P-17 of P-18 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6888 PEDESTRIAN IMPROVEMENTS ON SANTA. ANA. BOULEVARD PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE 1n 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 govermznent project because of a violation of law or a ,safety regulation? Yes No x If the answer is yes, explain the circumstances in the followhig space. P-18 of P-1 8 MAYOR Miguel A. Pulido MAYOR PRO TEM Vicente Sarmiento OOUNCILMIwMBERS Angelica Arnezoua P, David Benavidas Michele Martinez Roman Reyna Sal Tlnajem November 3, 2616 ADDENDUM No, One C" OF SANTA ANA 20 Civlo Center Plaza • P,O, Sox 1988 M-36 Santa Ana, Call-tornla 92762 (714) 647-501 a www,santo-ana,crg SUBJECT: PROJECT NO, 17-6688. Pedestrian Improvements on Santa Arra Boulevard CITY MANAGER David Cavazos CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Marla D. Hulzar 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. CFFY OF SANTA ANA Edwin "William" Calvez, PE City Engineer .-..-._.--- . SANTA ANA CITY COUNCIL MiguoT A. PL1116Q Vloarlto Smlvlwnlo M14ho[o mua noz Argakc Arnexvm P. DaYN 8oravlder, Roman Rnyrla SM Tirvijoro Mayor Wflyar Pru "rom, Ward 1 Ward 2 Ward y Ward 4 W,7rd 5 Ward G ITI �IdfJ4i3i' :Sl��=i.SlfS7 Y$wid_anto(rhajt�.mtq„{}XgLZ1If19b�I17k7. .diiU.1t :E�7RLQ!1 r?�.!S1NS,[7.l{3. 1 1��LIs7..Q�1=AIAM 4�wlad.r�i�a,,S1L41 lw!ulg�ntlL-gl1a,.R74 !Ink�jern,�4r;&nt :iU1�-.urs CO M OQ Ln ZZ: > ± Exhibit 3 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT NO. 17-6888 PEDESTRIAN IMPROVEMENTS ALONG SANTAANA BOULEVARD This CONSTRUCTION CONTRACT is made and entered into this 20th 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: 1. CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the PEDESTRIAN INIPROVEMENTS 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 defrncd 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 dociunents 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 $278,000 — Two Randrod Seventy-ei hg t Thoosao,d Dollars _ and no egnts, as set forth and identified in the BID PROPOSAL, which is attacked hereto and incorporated herein as Exhibit "A." Page 1 of 3 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 suin(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 eight 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. b, 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. II Page 2of3 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: Title: Page 3 of 3 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 Ins ection and Testing$ 23,392.00 Contingencies $ 27,800.00 TOTAL ESTIMATED CONSTRUCTION COSTS $ 347,500.00 EXHIBIT 4 THE REG[STER 525 N GRAND AVE, SANTA ANA, CA 92701 Telephone (714) 796-7000 1 Fax (714) 796-6059 PROOF OF PUBLICATION (2015.5 C.C.P.) State of C.alifDMJa ) County Of ORANGE )S5 Notice Type: BID . NOTICE INVITING BIDS Ad :Description: PEDESTRIAN IMPROVEMENTS ON SANTA ANA BLVD I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or Interested in the above entlUed matter. t am the principal clerk of the printer and publisher of the THE REGISTER, a newspaper published In the English language in the city of SANTA ANA, county of ORANGE, and adjudged a newspaper of general circulation as damned by the laws of the State of California by the Superior Court -of the County of ORANGE, State of California, under date 11119/1905, Case No. A21046. That the notice, of which the annexed Is a printed Copy, has been published in each regular and entire Issue of said newspaper and not in any supplement thereof on the following dates, to -wit: 10/26/2016,11102/2016 Executed an: 1110212016 At SANTA ANA ,CA certify (or declare) under penalty of perjury that the foregoing is true and Correct. Sl ature �d�I�I�IIIURiIIIIMNIINIIIIII'��MRIIIIIIII CiNS#: 2939216 NOTICE INVITING BIDS NOTICE IS HEREBY GIVEN fhat the Clttyy of Santa Are will receive Bids on or before the hour of 2:00:59 pm, November 9, 2016 by the Public works . ,agency Recep11onIst, Th1rd Floor, located art City Hall. - 'Ross Annex, 20 CIv1c Center Plaza, M-22, Sorts Ana, Cal'damla 92701 for. PROJECT NO.: 17-66B8 PEDESTRIAN IMPROVEMENTS ON SANTA ANA BOULEVARD Scope of work Includes installation of sidewalk, curb ramps, curb, gutter and rletalleton of wheelchair ramps, signing and striping and asphalt Improvements, Prior to b1d opening, Bidders must possess or obtain a valid California Class ^A" Cortractor's license, Informatlon regardin�I bid submisslap is Included In the Contract Documents, which are aVaildble((��dr formai) at the Public %vorks Agency counter, First Floor, 20 Civia Center Plaza Ross Annex, Santa Ana, California 92701. Call the PWA Projects Information Line at 714-647- 5680 for hours, Instructions and avatiabiifty of CDs, Thispcojecl Is subject to compliance monitoring and enforcement by the Stale of California Dapailment of Ind Met Relations, per Section 1771.4.a,1. A Contractor or subcontractor must be registered with the Depailment of Industrial Rela6ans prior to submitting a bid, In accordance with the �rovisions of the California abur Code, prevailing wage rates applyy. 10126, 1112116 CNS -2939216# THE REGISTER This space for fling stamp only Recorded Its OffICIai Records, ®range County Hugh Nguyen, Clerk -Recorder 11111111lllllll111111lllillllIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII NOFEI $ R 00 0 8. 7 5 2 3 4 201685001095 9:39 am 10112116 256 304 Z01 0,00 54,00 0.00 0.00 0.00 0= 0.00 0.00 MAYOR Miguel A. Pulldo MAYOR PRO TEM Vicente Sarmiento COUNCIL MEMBERS Angelica. Amezcua P, David Benavides Michele Martinez Roman A. Reyna Sal Tinaiaro CITY OF SANTA ANA PLANNING & BUILDING AGENCY 20 Civic Center Plaza (M-20) P.O, BOX 19811 • Santa Ana, California 92702 (714) 667.2700 • Fax (714) 973=1461 www,santa-ana.org NOTICE OF EXEMPTION CITY MANAGER David Cavazos CITY ATTORNEY Sonia R. Carvalho. CLERK OF THE COUNCIL Maria D. Huizar HUGH NGUYEN, CLERK -RECORD R From the Requirements of the California Environmental Quality Act (C LIA) Fee Exemption per California Government Code Section 6103 ToCOUNTY CLERK From: City of Santa Ana ( County of Orange Planning & Building Agency P.O. Box 238 20 Civic Center Plaza M-20 Santa Ana, CA 92702 Santa Ana, CA 92702 Project Title: Pedestrian Improvements on Santa Ana Blv [date of Approval: 10120/2016 Project Number(s): PWA -2016 -1224 -CITY Project Location: 1 Citywide (Partial) City: Santa Ana County: Orange ER Number; ER -2016-126 Project Description: The construction will include the replacement of curb and gutter, sidewalk, curb ramps and add bulk -outs to provide safety enhancements. Applicant Flame: Monica Suter, City of Santa Ana Applicant Address: City of Santa Ana, 20 Civic Center Plaza SANTA ANA, CA 92702 Name of Public Agency Approving Project: City Council Name of Person or Agency Carrying Out Project: Suter, Monica Exempt Status: Q Ministerial (Sec. 15268) 13 Declared Emergency (Sec. 15269 (a)) Cl Emergency Project (Sec. 15269 (b through e)) * General Rule (Sec. 15061(b)(3%5)) * -Statutory Exemption: El Categorical Exemption: 15301(c) ORANGE COUNTY CLERK -RECORDER DEPARTi EN -i a:M_, �- IaEPii fY Reason(s) Why Project is Exempt From CEQA: 15301(c) consists of repair of existing highways and streets, sidewalks, gutter, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety), City Contact: Edward Torres Signature: Title: Telephone: (714) 647-5018 As;st� cip- [?ate: SANTA ANA CITY COUNCIL /0-3—/6 Miguel A. Pulido Vincenta Sarmiento Michele Martinez Angelica Ame=Ua P. David Senavides Roman Reyna Sal Tinajero Mayor Mayor Pro Tem. Ward 1 Ward 2 Ward 3 Ward 4 Ward 5 Ward H hI€Putidok�3ant r grq VSarmientor �sants-ana.orp N1Prta tineza7santa-ana.or4Amezcua r Santa- 0 ana. r STinalerg(�santa-ana.ura :CltY'00.-SAf4TA.ANA CONSTRUcTioN �CONTWT PROJECTNO.,47688R PEDESTRIAN IMPROVEMENTS Al." NG SANT. AANA BOULEVARD This CONTSERUCTION CONTRACT is made and antered into this 20't" day of T)ecatrib6r, 2016, by tLe: r"ItY. OF $ANTA ANA,CALIF'OkNIA, a, a�arte.r of ty and vnunici'pal , i>orporaflon orgarjizodpnd:eMstffig -ander the -Constitution, and laws. of. lbe::SWO Qf cal.lTor-Al"al. to as TITYP dfid HArdy. Harper", tr, lqc, ht-=inaftu- r�-,AaTW.. to es "100 A ,NTR. CT. -Op", Tho -CITY acid tho CONTRACTOR.,:fbr ifiutuAlly- agr�e as follows' CONTRACTOR zgveas to. pedwrg. ail the, word and tho. waterials -at.'its own cosi and expdxisd nceaarytb o6ftstruotand cbnaplete ift a good and w6flel iafflik6 ftmhn6r and to the. safisfhWon' of Tllc Py Eql='r, of th61"ry, ft: PEbESTRILAN,"ROVEMEIW15 ALONG LS q'QTJI..,r,.VA.RD Project,: lemlnaflei7:referred to.&s ihe. "Wbfk of 1.111provoindd, lacllt.ifiQ4 is and fil a6coMMOP. with %6 Owitrut Doe-I-AeAfg ptqptO 1) the C . Ity'sPubloWorlmAgew p4gj � . �jgqved: b �6 nail. y t)ie Cop I the "Contract Documents" ws doom odby: the 8tarfdArdS'pp&!j-fbaticAR foe P'ubliq Wmk6 0.0otruotlo . Iland,whid, fiiO'iU'd6 ti), f I Wins: PI 0 0 Noti : oe..Inviting. BW 9 Iff Otwati On to I Wd6rs: a 811.4 proposq. R: (jet : a S 1011,9: SPOCAM"Provi ' �IQIIS TeOaaical Pro-visimmand Pyp�ieet.Plans J'noasl-' of wnillot.b.o.twooll the Convaot Doojjmojts, the pr6t+ileo of 6ocuwmi shall . br,- as. ostabllgWad ilx the. $im&rd Pubjj&2�;Votks I CITY. aures to pk'.Y.abd.'CONTRACTGft agro,69 to aooeptihfifllpaym.oxt to co'llaple-telAo. w0c 0 �tllpxowftlo'llt fjle glill wtai. 'Miludilt.. 1.10t to: -exceed $279,000 TwO. 1-1. .Axecl $evelljy-eipjltThou—swA—:Dollars afid.-rip ognts, as got:forth -and' in �lv BIP -wi-ac"ii. Iletdri Mid incdrpoWd he 'in as Exhiblt"A." lhgej oP'3. 'CITY PFAN AANA; CONSTRUCTJON -CONTRACT PROJECT N'.1 -6888 PEDESTRIANIMP: WSMENTS- WNG SANTA ANA BQVLEVAR-D TIv Bili' 0ntains 'A: �.obddide bf u -aft, prlod(s) ot hiinp `bated an. approximate qua adtles only, 4nd Ole: City does. qqt:exprossly OT .by actual.amount of'work wfll ourmspoad thorqwi' h., beat reserves tho. right to 1pp=aq or deoM"e J�e' �anjoUnt J)f 4 1� 'c as 6 ril 6 t�e Ponta ef th� Work to 14t po 0�69:: �Orl; 4, CONTRAGFOR-.agrees to completa the Wbtk:oflniproyeniaiit:,,Aitb.Lhi flee the spcQfed -:illi lie 'Time for Cqlpleiao. of T:hlproveineliis octiloh. :of tile DID: PROV-65AI," (Exhibit ft io.Oudilig r=171c'.nding =q, ih . erein sp0cM4.ANr 60tichoo,of 4 Xbtic& to Peocood, 5, The.(OTMA- TO R, will phy, afid'Vill r0.q�lie all tb 3- - A YL, all eaaaploy�es ops tine Ertl r>F 4npI.-q-VetnQIIt 4 PY6 �-Ajar jViral to Ole, v6W'q or a wg,(�� !ogq at 0 ,.. q work. fnacm.rdalice Fademl Im 6, CONTRA.TOR 9411" ;Ef r award of thN:-Contra�;i, f�-imi-sh-IwQ bonds to approved by 41�. Orrypo.-60 ib the Wh6jht--of 0-ni HwAeaTercOnt. (1.001,14)0 t.b( L 5 Contia�t pfioq; to. guarzAez flie, fai.tIiNl pprforiappc of #�p- W0.k.-(PqtfbnWmc,0 BoAA W)4 oop -fii 1.1w. Aitiowlt, of boo Himjvad p6rc,�mtjlov/u) of-itha cblltrad.py,z00. ayment oF':all -0 i�b� bbor T d0jIttg6t sl?, J,)ot b4c60111.e s to and.-appmM byttic=Y, 7. CON-TRACTORAi�,U, prior to: the of :the parforniati-ce Lind payllarllt 'bo ds -0,? the Warfabtperfcdnand6 and papiieilt'bobd: (WmTavty:B:6hd). IPA of qPqt, .1 1"o�ceF pptqn�o. car pvojbQ% tap: t6 ssoomo, if)6 Warranty 86fid: atnouht Mia -11 -bo. alae greater of, -$-16,000 or 20% of the V.0v prpjec%.abo-v0S00,.0 WVat z7,1 Y BOAd 6-ffibarit gha.fl lie tie . Q0 6R- Rhail, after dvWd of ihils' Coot act, furnitl Ccrafloatu-s Of' Liability `jagirmipf, w(j. W04W`sNSDMAW. 04.opfl:lhed 14 the w ire. fl 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: CITY OF SANTA ANA: MAR.tA D. I(UIZAR Gerardo Mouet Clerk of the Counei I Acting City Manager APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL: SONIA R. CARVALHO City Attorney BY J n Fun..k re .4o savi o AssistantCity Attorney Exe utiv Director, Public Works Agency CONTRACTOR: H & Har , I By-,— S y;Ser Title: Vice President Pap; 3 of 3 CITY OF SANTA ANA PROPOSAL Exhibit A PRO TECT NO,: 17-6888 PEDESTRIAN EV2ROVEMENTS ON SANTA ANA DOULEVA.RD X00 W�I�• TO: CITY COL NCIL, OF THE CITY OF SANTA ANA PROM: Hardy k Halper, Enc. REQUIREMENT; The uzdersigned bidder declares that they have carefully examined the locatiozl of the proposed work, that they have examined the Contract Documents in its e-ndrety and her•elay lsroPase8 to furnish all agaterial and do all the work required to oomplete the said work in e=or'dancs with said plans (if any) and the specifications foz the unit price(s) or lump suan(s) set fofth Li the following sohed.tale: Item Description Qty Unit Unit Mee Amount I Unolasszlred E=ava6011* 300 CY � °0 2 AC S'avetnent" - 356 TN $too $ r J 0 3 Cold MLI (>2")* 22,000 SF l 10490 .g 4 Install PCC Sidoviallc (4") 4,200 SF $ $ 91, -- 5 Install PCC Curb Rmnp w 900 SF $ � � $ C1 10 0 i 6 lastalL ?CC Curb quad Clutter (Type A-2-8) 300 LF $ 5- $ k5l0()0 7 Root Shave'!. 3 EA $ $ 8 Adjust Water Valve Fraine anti Ccsvcr to Finis%ed. Gradeq' 5 :EA. 11100o ` 0®o ! $ �00 9 Abandon Ode Valva* I LA $ $ 10 Adjust Water Meter Fraine Box to Finished. Crttde* 1 Eel. $ $ 11 Adjust Seiver and Drainage Maalsole to Finished Grade* 7 EA. $ � �� $ 10,00 12 Remove Fire Hydrant Fmd Assembly* 1 EA Iwo $ l 000 13 Fnmislt mid Install Now Fire Hydraitt� 1 EA $��1 00 C7 $ � J O )o P-1 of P-1.8 CITE' OF SANTA. A,NA. PROPOSAL Exhibit A PROMCT NO,: 17-6888 PEDESTRUN WROVEMENTS ON SANTA. ABTA 130T LEVARD llteen Description Q(y U)3it Unit Pricc Amouvt 14 F1' mish and Install New Survey Mon=iont* I FA 15 Adjust OCSt7 Manhole Frame and Cover to Fiulslted Crradc* l BA. $ �) oco $ Doo 16 Signing and Striphig 1 LS 17 Tompc, ry Consttuetiou Sips 2 BA 7 TO IS Install RRF'B (Rectangular Rapid Maslnxing Beacon) System 1 LS DOD $ TOTAL 13A.SE BID- f Add Alternative Bid 94 9 19 Removo Polo, Foundation, Solar Panel and Cabinet 1 J S $ Total Acid Alt 7 .Add Alternative Bid 11J.p 20 Unelassifad Fxmwation* 20 CY C Q cm 21 Install PCC 5iKe allc (4") 800 SF $ 4 % _ oo c� $1Q 21 Install PCC Curb Ramp 300 Sli $ 23 Install PCC Curb od Gutter (Type A-2-8) 100 LIF $ 24 Root Shaver 1 BA $S- 25 25 Abandc n Cafe Valve` 1 LA $ 1 1000 $ 11 26 Remove lire klydraznt arad Assembly l FSA $ -71 '7,000 27L� r—i h and Install New Pings Hydrant I EA $ ` 51, $ �, 28 Adjust WatorMeter PrajaoBox toFinished Grade,' 1 BA $ (Poo $ (400 Total Add Alt 2 $ P_2 of P-18 CITY OF SANTA ANA PROPOSAL Exhibit A PROJECT NO,; 17-6888 PEDESTMAN 12k0VEMENTS ON SANTA ANABOULEVARD Add Alternative Bid ".tom" $tear Description Qty Unit Unit Price Amount 29 Unofassified Exoa.vation* 30 CY $I 30 Install PCC Sidewalk (4"1) 1344 � 31 Iztstalll PCC Curr Ramp 300 S1+ $ $ "�" a f 32 Install ?CC Curb and Cutter (Type A-2-8). 104 LF $ $ S'' 33 Furnish and Ixi,stall Now 06 l'uiibox* 3 EA, 1 -7 00 $ a, 0o Total Add Alt 3 00fi TOTAL (BASE BID) I TOTAL (BASE BUD + ADD ALT. 1.) — — -- - - -- $ � � C CC _ TOT.A7L (BASF BID + ADD ALT, 2) — _ $ OC ,! TOTAL (BASE 131D + ADD .ALT. 3) $ � � 0 TOTAL (,BASE BID + ADD ALT.1 + ADD ALT. 2) $ TOTAL (BASE BID + ADD ALT. 2+ ADD ALT. 3) $ r_ TOTAL (BASE SID + ADD ALT. T+ ADD ALT. 3) $ TOTAL (EASE BID + ADD ALT. t + ADD .ALT. 2+ ADD ALT. 3) $ �" � CJTY"OF SANTA ANS. PROPOSAL Exhibit A PROJECf NO,,% 17,689S M)WSTRIANIM . PROVEMENIS Off' SANTA ANA BOULEVARD Thelo*o,es.t mpqu$jbJv, 4idder &441150 selected'. b.Rsed on. the total base City rtwtves tho rljht to dwdrd lhexBue Bid., -and any; all, or.iionv- of -aie add-aftemate bid: itctns(if ally), A. Tle -quwltity fat this bi'd'Itptft- j:8 shown �6r b, ld.mx�pawbtt Tjii�'.bid i t�,-m shall iiot bo: amo=t tot this ftem will be dictated by the, actual quAntfty used, wid the kgenr,�:m5orvcs the 09jit tb im,0a6e, PT:dCCr-,ea0.016 q.Uajltity of thi.91tevA 4cobt.diligly. Thisbi.d tom is considereid a Specialty Item pev-Septiqn.274,2:of the Standard Speciflpadom ILM-1 FQR- 00MM-P-T IMPRO1TF--Mr--NTS-AN.D.LlQgIL)A T Q DAMAORS T4, uadoql' ' 9"d. bidder hereby pmpms- W 6ompldo-dxi WOr.fur the total base; blvd ahiouat .1 shown abov'e' -Aithiii �gvmbgr . 1.3Q. worldng d after the -d.aW stated. in the Tile Nt.1144ted damages wilount. -in. )i LI. Of "tile 91t(rUlIt the StandvSp�cifjcatlon.,,, shall be $1 NO per'.C.51indar clay. Neb-ue pf'Fimi: Sigittut, Of BE Ijile dei; KjI -§Cluitf , vlce Pv sidexat *i -i so state.. Wa ffrm:brcb- ar 0INhjp,stag .thy ain n�ge--bf ma�nrMNe:ffiez�� all individval co-partu�'fs .0011posihg the firm. Ifa i�'�orporqipn, A.ate.. legal naijio of -mrporgioty-,. AM naMps pf Presidoit, 86(mtavy, Titasarorr: Mid Mahagai,"th6rdof) Please see amcimieiww, P-4 of P-18 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6888 PEDESTRIAN IMPROVEMENTS ON SANTA ANA BOULEVARD 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 swn(s) set forth in the following schedule: Item Description Qty Unit Unit Price Amount 1 Unclassified Excavation* 300 CY $'5 $ 1 00 0 2 AC Pavement* 350 TN' $ too 000 3 Cold Mill (>2")* 22,000 SF tlr®® 4 Install PCC Sidewalk (4") 4,200 SF $'7.00 $91,100 91,10® 5 Install PCC Curb Ramp 900 SF $ 11 $ 9 1. 100 6 Install PCC Curb and Gutter (Type A-2-8) 300 LF $ s—® $ DOD 7 Root Shave* 3 EA$ Cad $ 6r® 8 Adjust Water Valve Frame and Cover to Finished Grade* 5 EA $ 1000 $� 9 Abandon. Gate Valve* 1 EA $ i l $ mo 10 Adjust Water Meter Frame Box to Finished Grade* I EA $ Goo$ v (00 o 11 Adjust Sewer and Drainage Manhole to Finished Grade* 7 EA$ 0@0$ 12 Remove Fire Hydrant and Assembly* 1 EA $� 000 $ 1000 13 Furnish and Install New Fire Hydrant* 1 EA $ l � \Q' $ 00 � 0 LTJ P-1 of P-18 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* I EA $ o ®® $ 1 I o Do 15 Adjust OCSD Manhole Frame and Cover to Finished Grade* I EA $ I $ (200 V✓l�� 16 Signing and Striping 1 LS Sn) rid $ 30 J CDS 17 Temporary Construction Signs 2 EA $,7 O $ 1 ! o 18 Install RRFB (Rectangular Rapid Flashing System I L5� �� $' ()C4Beacon) TOTAL BASE BID $ 31 CC Add Alternative Bid 4GI" 19 Remove Pole, Foundation, Solar Panel and Cabinet 1 L5 $ �" V�C� $ L1 Total Add Alt 1 $ Add Alternative Bid "II" 20 Unclassified Excavation* 20 CY $ $ 21 Install PCC Sidewalk (4") 800 SF $1,00 $ 22 Install PCC Curb Ramp 300 SF $ $ ,2 23 Install PCC Curb and Gutter (Type A-2-8) 100 LF $� $ f7® 24 Root Shave* 1 EA $ $ 5 ov 25 Abandon Gate Valve* 1 EA $ O 1 0 ®® $ i ow 26 Remove Fire Hydrant and Assembly 1 EA $ °77 oo® $ 27 Furnish and Install New Fire Hydrant I EA $ I J$ tXX 28 Adjust Water Meter Frame Box to Finished Grade* I EA $ (goo $ (000 Total Add Alt 2 $ �q C� P-2 of P-1.8 7101 NOVA ow 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 $ $ 30 Install PCC Sidewalk (4") 1300 yf , 0a i 31 Install PCC Curb Ramp 300 SF $ $Sr3 a� l 32 Install PCC Curb and Gutter (Type A-2-8) 100 LF $ 5-0 0 o® 33 Furnish and Install New #6 Pullbox* 3 EA $ —700 $ ! 100 00 Total Add Alt 3 $ B 000 TOTAL (BASE BID) $ "?,I 00 TOTAL (BASE BID + ADD ALT. 1) $ III 0z TOTAL (BASE BID + ADD ALT. 2) $ S�00� TOTAL (BASE BID + ADD ALT. 3) $ TOTAL (BASE BID + ADD ALT. 1 + ADD ALT. 2) $ 4 TOTAL (BASE BID + ADD ALT. 2+ ADD ALT. 3) $ �� ®o 1 TOTAL (BASE BID + ADD ALT. 1+ ADD ALT. 3) $ n -2Q COLO /I 0a TOTAL (BASE BID + ADD ALT. 1 + ADD ALT. 2+ ADD ALT. 3) $ J--ffl P-3 of P-18 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6888 PEDESTRIAN IMPROVEMENTS 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 shown for bid comparison only. This bid item shall not be subject to the "25%" limit as stated in Section 3-2 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. f This bid item is considered a Specialty Item per Section 2-3.2 of the Standard Specifications. TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within number (35) 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 $1,000 per calendar day. Name of Firm Signature of Ball Title Steve Kirschner - Vice President (If an individual, so state. If a Iznn or co -partnership, state the firth name and give the naives of all individual co-partners composing the firth. 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 7fC4rr y e Kcar�e;, r �, corp nrsie ofcexe' Fred T. Maas, lJr,�.Preside.-at, T-re � 13 .1 E.'Ianiex- .AveDue : (71Q4,44-1851 _ .._ Santa Aaa, C A 5p`70� _.._ �1zu�1 ..... D=n T. iiJL'a aag CEO, him€Rging Offie : 1312 E. Wa?'Il.e'r Avenue ' p orae:(71.4 4�1 _— Sa�iLa Arza,'CA 92` 05 _ ..Avenue a eye 1 aGc1�a��a, �� -Presiam it 1.31.2 . . Waruf,zY, Phone,; (714) 444-1.851_Saxna. __..._.,._ dna, tri 92705 rn. — _ c oyeypo 1312 E. Wainer kvenue, hone: '7141 444-1851 Santa Aria, CA 9?705._ istm & ]'t au a o, Corporave srsa;remly 1312 E. W,-inier Av'enuo j:➢I1one? (711.x') 44141-.E.cM Santa Axia, (.',A 92us CITY OF SANTA ANA PROPOSAL PROJECT 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 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. Namc of Firm Signature of BI] Title Steve Kirschner -Vice President (If an individual, so state. If a firin 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 naives of President, Secretary, Treasurer and Manager, thereof.) P-5 of P-18 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-688$ 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/her subcontractors are registered with the State of California Department of Industrial Relations (DIR), and that the following is true and correct. Contractor's Name: Hardy & Harper, laic Business Address: 1312 E. Warier Ave., Santa Ana, CA 92705 Business E -Mail Address: skirschner@hard andhar er. = 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 StE Re Sid Title: Steve Kirschner - Vice President P-6 of P-18 CIT`' OF SANTA ANA PROPOSAL PROJECT NO.: 176888 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 perforined as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indenmify 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 CI'T'Y OF SANTA ANA PROPOSAL PROTECT NO.: 17-6888 PEDESTRIAN IMPROVEMENTS ON SANTA ANA BOULEVARD OWNERSHIP AFFIDAVIT STATE OF CALIFORNIA ) COUNTY OF ORANGE ) S5: CITY OF SANTA ANA ) Steve Kirschner being duly sworn, deposes and says: ❑ INDIVIDUAL That he/she is the party making the foregoing proposal: ❑ PARTNERSI-11P 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. 0 CORPORATION That he is of- Vice fVice President of Hardy & Harper, I is a corporation which is making the foregoing proposal: ❑ JOINT VENTURE That he is of: one of the parties making the foregoing proposal as a joint venture, and the he/she has been and is duly vested with the authority to execute instruments for an on behalf of the parties making said bid who are: that such a bid is genuine and not collusive or sham, and. has not in any manner sought by collusion to ecure.an advantage against the City of Santa Ana or any person interested in the prop o n a r hien - or any other person. Signature of Bidder Steve Kirschner - Vice President Subscribed and sworn to before me this day of Signature of officer Administering Oath (Notary Public) P-8 of P-18 20 CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE § 8202 ❑ See Attached Document (Notary to cross out lines 1-6 below) . ❑ See Statement Below (Lines 1-6 to be completed only by document signer[s], Signature of Document Signer No. 1 Signature of Document Signer No. 2 (if any) A notary public or other officer completing this certificate vorifies 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 -_— �tabll@-�c�llfe�r�}� •� My Carrtm. Seal Place Notary Seal Above Subscribed and sworn to (or affirmed) before me on this 4-14 __ day of — November , 20 16_, by Date Month Year (1), IC[m-- (and (2) Name{oy of Signer) proved to me on the basis of satisfactory evidence to be the person( who appeared 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 to an unintended document. Description of Attached Document Title or Type of Document: Proposal Document Date; November 14, 2� Number of Pages: 1__ 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 MA PHAM 4 Notary ORANGIE COUNTY �tabll@-�c�llfe�r�}� •� My Carrtm. Seal Place Notary Seal Above Subscribed and sworn to (or affirmed) before me on this 4-14 __ day of — November , 20 16_, by Date Month Year (1), IC[m-- (and (2) Name{oy of Signer) proved to me on the basis of satisfactory evidence to be the person( who appeared 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 to an unintended document. Description of Attached Document Title or Type of Document: Proposal Document Date; November 14, 2� Number of Pages: 1__ 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 CITY OF SANTA ANA Bond No. CSBA-3552 PROPOSAL PROJECT NO.: 17-6888 PEDESTRIAN IMPROVEMENTS ON SANTA ANA BOULEVARD KNOW ALL PRESENT that, Hardy & Harper, Inc. _ _ as BIDDER, and Fidelity and Deposit Company of Maryland _ , as SURETY, are held and firmly bound unto the CITY OF SANTA ANA, as AGENCY, in the penal sum of _ Ten Percent of Amount Bid Dollars ($10% ***** ), which is ten percent (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 Com an of Maryland Los Angeles, CA 90017 213 270-0600 a vwignt iwiuy, Anorney-m-r aci Subscribed and sworn to before me ,20— Signature: Notary Public in and for the County of 11 N. Batavia St., Suite 201, Orange, CA 92867 14) 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 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 Ora On November 15, 2016before me, Susan Pugh, Notary Public (insert name and title of the officer) personally appeared Dwight Reilly who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshelthey 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, Signature Susan Pugh SUSAN PUGH _.� COMM. #23.05405 e� " 4 Notary Public-Callfarnia y '• Ft ORANGE COUNTY r My Comm. Eacplrr�n Apr 29, 2019 (Seal) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completfng 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, 2016 before me, _ Tina Pham, Notary Public Date Here Insert Name and Title of the Officer personally appeared Steve Kirschner Narne.X'of Signer who proved to me on the basis of satisfactory evidence to be the person(K) whose name(g) is/ale subscribed to the within instrument and acknowledged to me that he/sIne/tf*y executed the same in his/hoer/tl)eir authorized capacity(i(�C), and that by his/hxr/tl):ir signature(X) on the instrument the person(x), or the entity upon behalf of which the person(x) 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. TINA PHAM WITNESS my hand and official seal. a. COMM. #2149384M r• PNotary f jjwic, carifornia � ORANGE"- COUNTY q( Signature .,. My Comm.rxpliasAp�i ?U g ---- -,•• Sign tune 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' 15_2016 Number of Pages: 1 Signer(s) Other Than Narned Above: None Capacity(les) Claimed by Signer(s) Signer's Name: Steve Kirschner_ © Corporate Officer — Title(s): Vine Pre. ident ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: _ Signer Is Representing: Hardy & Harper, Inc Signer's Name: — ❑ Corporate Officer — Title(s): ❑ Partner --- ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: — _�Tl�V_OkX, a a e, � v - k Y _�'T, G;rX 02014 National Notary Association - www.NationalNotary.org • 1 -S00 -US NOTARY (1-800-876-6827) Item #5907 CITY OF SANTA ANA PROPOSAL PRO JECT NO.: 17-6888 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: %2% of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: %2% 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: Nance (114 �1`a� end_ License 4/Exp. —1 ti Ll Ll DTR Reg. #/Exp. 100000 jq o Location Phone o_ Type Of Work qS h 3 n ,e 7 Am.owit $ 1 , txy Naive OC, 541 vn9 6eru izrc License 4/Exp. 43 (p' DIR Reg. #/Exp. I boo t) License # Location Phone 1A .. ? Type Of Work Amount $ i N ante License #/Exp. DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $ 1-47 Signature of Bidder Steve Kirschner -Vice President Nance License #/Exp. DIR Reg. 4/Exp. Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # _ Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # _ Location Phone Type Of Work Amount $ P-10 of P-18 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 perforrned similar work within the past three years. 1 Please see attachment;Ae'—k Name and Address of Owner. 2. 3. Name and Telephone Number of person familiar with project. Contract Amount Name and Address of owner. Type of Work Date Completed Name and Telephone Number of person familiar with project. Contract Amount Type of Work Name and Address of owner. Name and Telephone Number of person familiar with project. Contract Amount Type of Work 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) 616-1232 P-11 of P-18 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 Subcontractor has performed similar work in the past five years. 1, Please see attachment; -Xs k- u f�' 1( Name and Address of Owner. Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed 2. Name and Address of owner. Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed 3. Name and Address of owner. Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed The following are the naives, 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 PR -12 of P-18 M PUBLIC WORKS REFERENCES AttachmentxD 20/5/2016 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) $1,518,231.24 8115 City of Covina Natalie Avila Resurfacing of Streets at 125 E. College Street (626) 384-5400 Hollenbeck Ave, Cypress St. Covina, CA 91723-2199 RA ilaCavin agar ®v $624,297.95 8115 City of Laguna Niguel Frank Borges St. Christopher Neighborhoods 30111 Crown Valley Parkway (949) 362-4325 & Via Vetti Pavement Rehab Laguna Niguel, CA 92677 FBoLgc sanity fi%urjar3a�c,iLnrg Improvement No. 15-02 $1,226,861.00 9115 City of Norco Bill Thomas FY 2015-16 Annual Minor 2870 Clark Ave (951) 735-3900 Street Rehabilitation Phase I Norco, CA 92860 $777,000.00 10115 City of Walnut Natalie Avila, P.E Area 1 & 2 Street 21201 La Puente Rd. (909) 594-9702, Ext. 315 Resurfacing Project Walnut, CA 91789 ngvilq@1kar roup-caai $1,077,000.00 11115 City of Rancho Cucamonga Romeo David Foothill Blvd Pavement 10500 Civic Center Drive (909)4772740 Rehabilitation Rancho Cucamonga, CA 91730 Romeo.Dayid x cit,�,oty qq $1,076,200.00 11115 City of Norco Bill Thomas FY 2015-16 Annual Minor 2870 Clark Ave (951) 735-3900 Street Rehabilitation Phase Il Norco, CA 92860 $547,000,00 11115 City of Simi Valley Fuad Shamout, P.E FY 2015-16 Annual Minor 2929 Tapo Canyon Road (805) 583-6788 Street Rehabilitation Simi Valley, CA 93063 Sia $1,213,960.50 11115 N - PUBLIC WORKS REFERENCES Attachment,<0 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 I.aurn.Sak�lnredcanclo c?rc $367,293.00 12115 City of Palm Desert Bo Chen, P.E Portola Ave STP Rehabilitation 73-510 Fred Waring Drive (310) 370µ5099 Project Palm Desert CA 92260 bczchan c itnfiairr7drt_a $639,204.74 2116 City of Lake Elsinore Ken Rukavina FY 15-16 Citywide Pavement 130 South Main Street (951) 674-3124 Rehab Phase 5 Lake Elsinore, CA 92530 krukavina lake-gisinort arg_ $560,736.74 2116 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 krukavina iake-eisinorp.e�rg $895,665.91 3116 City of Colton ,Jess Sotto FY 15-16 Asphalt Paving 650 N. La Cadena Drive (909) 370-5099 Project Colton, CA 923.24 J� $1,569,242.84 4116 City of Pasadena Sean Singletary Preventitive Maintenance of 100 N. Garfield Ave (626) 7444273 Streets 2015 Pasadena, CA 91109 ;net $1,182,829.46 416116 City of Westminster Tuan Pham Citywide Street Improvement 8200 Westminster Blvd (714) 898.3311 For Various Residential Streets Westminster, CA 92683 t harr7 wetrir,tarca.cav $679,108.61 5116 City of Arcadia Jan Balanay Pavement Rehab Program 240 West Huntington Dr (626) 256-6582 Camino Real Ave & 6th Ave Arcadia, CA 91066Lb�Iana §arc4d aca.qov Project # 33854016 $632,386.21 7116 City of Fontana Ticha Loera Pavement Rehab of Slover Ave 8353 Sierra Ave (909) 350-6696 From Mulberry Ave to Cherry Fontana, CA 92335 Ave Ave $1,313,161.86 8116 City of La Canada Flintridge Greg Kwolek 2016 Citywide Street 1327 Foothill Blvd (818) 790-8880 Resurfacing La Canada Flintridge, CA 91011kw�aic krxr%Ic.uatcav, $1,084,562.67 8116 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6888 PEDESTRIAN IMPROVEMENTS ON SANTA ANA BOULEVARD NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any mariner, 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 Noncollusion Affidavit is part of the Proposal. BIDDERS are cautioned that n kin a false certification may subject the certifier to criminal Signed. - Vice State of California County of Subscribed and sworn to (or affirmed) before ine 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 of P-18 CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE § 8202 ❑ See Attached Document (Notary to cross out lines 1-6 below) ❑ See Statement Below (Lines 1-6 to be completed only by document signer[s], not Notary) Signature of Document Signer No. 1 Signature of Document Signer No. 2 (if any) A notary public or other officer completing this certificate verifies only the idontity of tho 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 _ Oraricc __ TINA PHIAM COMM. ##21.49384 N Notary Public-Californil a t r+.l'u��v^��+vn••- ORANGE COUNTY � My Comm. Expires Apr 17, 2©20 i�+�+i3Y'��"+'v�V'•v�ll'�ir'ti�1 Subscribed and sworn to (or affirmed) before me on this 14� day of __ November _, 20 16 by Date Month Year (and (2) Name() of Signer( proved to me on the basis of satisfactory evidence to be the person( who appeared before me. 4 Signature Signature of Notary Public Seal 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 docurnent, Description of Attached Document Title or Type of Document: Non -Collusion Affidavit Document Date: November 14, 211 Fj Number of Cages: __1__ Signer(s) Other Than Named Above: None ©2014 National Notary Association • www.NationalNotary.org - 1 -800 -US NOTARY (1-800-876-6827) Item #6910 CI'T`Y OF SANTA ANA PROPOSAL PROTECT NO.: 17-6888 PEDESTRIAN IMPROVEMENTS ON SANTA ANA BOULEVARD NON-DISCRIMINATION CERTIFICATE The undersigned contractor or corporate officer, during the performwice of this contract, certifies as follows: 1. The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. The Contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the achninistering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. P-14 of P-18 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 176888 PEDESTRIAN IMPROVEMENTS ON SANTA ANA BOULEVARD The Contractor shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any contractor of public works vio ting this Section 's subject to all the penalties imposed for a violation,2;1 e apter. Signed: Title: Steve Kirschner - Vice President Finn: Hardy & Harper, Inc Date: 11/14/16 P-15 of P-18 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 Labor Code regarding employment of apprentices, and understands that contractors on contracts exceeding $30,000 or 20 working days shall: Apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. 2. Employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards. 3. Contribute to the fund or funds in each craft or trade in which he/she employs journeymen or apprentices on the public work, in the same amow-it 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 alrit to thei.a Appr6nticeship Council, Signed: Title: Steve Kirschner - Vice President Firm: Hardy & Harper, Inc 11/14/16 Date: P-16 of P-18 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6888 PEDESTRIAN IMPROVEMENTS ON SANTA ANA BOULEVARD STATEMENT REGARDING "ANTI -KICKBACK" REQUIREMENTS The undersigned is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with the Copeland "Anti -Kickback" Act (18 USC 74) as supplemented in the Department of Labor regulations (29 CFR, Part 3). This act provides that each contractor or subcontractor shall be prohibited from inducing, by any means, any person employed in the construction or repair of public work, to give up any part of the compensation to which he/she is otheAwise ejitilled., Signed: Title: Steve Kirschner - Vice President Fitt : Hardy & Harper, Inc Date: 11/14/16 P-17 of P-18 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 176888 PEDESTRIAN IMPROVEMENTS ON SANTA ANA BOULEVARD PUBLIC CONTRACT CODE SECTION 10162 OUESTIONNAIRE In conformance with Public Contract Code Section 1.0162, the BIDDER shall complete, under penalty of perjury, the following questionnaire: Has the BIDDER, any officer of the BIDDER, or any employee of the BIDDER who has a proprietary interest in the BIDDER, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No x If the answer is yes, explain the circus stances in the following space. P-18 of P-18 MAYOR Miguel A. Pulido MAYOR PRO TEM Vicente Sarmiento COUNCILMEMBERS Angelica Amezcua P. David Benavides Michele Martinez Roman Reyna Sal Tinajero November 3, 2016 ADDENDUM No. One CITY OF SANTA ANA 20 Civic Center Plaza + P.O. Box 1988 M-36 Santa Ana, California 92702 (714) 647-5013 Www.santa-ana.ora SUBJECT: PROJECT NO. 17-6888; Pedestrian Improvements on Santa Ana Boulevard CITY MANAGER David Cavazos CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL. Maria 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 SAN TA ANA CITY COUNCIL Miguel A. Pufido Vioenta.. Sanniento Iviichele MaMmez Angolfca Amezrua P. David aenavides Roman r nyne Sal 'I'-inajero W iyor Mayor Pro Tem, Ward 1 Ward 7 Ward 3 Ward 4 VVard 5 War 4 5 !rz�ufidn 5anraaro ,nry usrir�i tu��s tamanaTg ! �n in�z{r s_3rY rsn o� as i�zciia(�ss!n. _ai:Ul_grwr dLU, i' �s(a7s�nfa,arirlorg L�ryria(� r3rita-21ya.nrcZ rtiliael rysaril_,.<a3i;i_or I ro ro Ln 0 = 9 C) rq 11,@4 ) 01 E H 0 H w co CO -0 00 cu CL Ln Pon ZO, cn m I ro ro Ln 0 = 9 C) rq 11,@4 ) 01 E H 0 H w co CO -0 00 cu CL This bond was executed in two (2) CITY OF SANTA .ANA Bond No. 7651851 identical counterparts. BONDS Premium: $1,677.00 PROJECT NO.: 17-6888 F'AI 1FYTL PERFORMANCE BOND KNOW ALL MLN BY THESE PRESENTS that Hardy & Harper, Ince, , as CONTRACTOR, and Fidelity and Deposit C�_,2=y of Maryland , a corporation, organized and existing ander the laws of the Stag&Duly authorized to transact business under the laws of the State of California, as SURETY, are held and firmly bound unto the City of Santa Ana, as AGENCY, in the penal sum of Two Hundred Seventy 1✓iglit Thousand and 00/100 Do]tars ($278,000.00 ), which is 100 percent of the total contract amount for the above stated. project, for the payment of which sum, CONTRACTOR and SURETY agree to be bound, jointly and severally, firmly by these presents. TILE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract Agreement with AGENCY dated December 202016 _ ____, for Pedestrian Improvements on Santa Ani Boulevard_ if CONTRACTOR faithfully performs and ful.ills all obligations in the performance of the Work of Improvement to be done under said Contract Agreement in the manner and time specified therein, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY; provided that any alterations in the obligations or time for completion made pursuant to the terms of the contract documents shall not in any way release either CONTRACTOR or SURETY, and notice of Such alterations is hereby waived by SURETY. IN WITNESS WIEREOF the parties hereto .have set their narnes, titles, hands, and sea] this 3rd_____ day of January _, 2017 . 1312 E. Warner Avenue CONTRACTOR* Hardy & Harper, Inc. Santa Ana, CA 92105 (7I4) 4�44-1851 777 South Figueroa Street, Suite 3900 SURETY Fidelity and Deposit Company of Maryland Los Appeles, CA 90017 (213) 270-0600 Dwight t Reil y, Attorney -inn -Fact 1411 N. Batavia St., Suite 201, Orange, CA 92867 Subscribed and sw to before ff (714) 516.1232 , this day of Signature: �teve irschner – Vice President Notary Public in and. for the Cotiinty of _ State of Rate of premium on this bond is `); 7.26-/ $5.3d. _- —per- thousand. Total amount of premium charge is $ 1 677.00 __ . To he, filled in by Surety *Provide CONTIMCIOR / ADMITTED SURETY name, address, and telephone number and the narne, title, address, and telephone number of authorized representative, I of 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 s <S KX.Y' I� Z�c c s. ;,Ow 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... Ja y 3, 2017 _ before me, _ Tina Pharn Notary Public Date Here Insert Narne and Title of the Officer personally appeared Name of Sign who proved to me on the basis of satisfactory evidence to be the person(g) whose name(x) is/axe subscribed to the within instrument and acknowledged to me that he/slice/tttey executed the same in his/1wrAl,wir authorized capacity(!(%), and that by his/hor/their signature(g) on the instrument the person(R), or the entity upon behalf of which the person(x) acted, executed the instrument. Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official sea[. Signature. -- Sign Lure of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the docurnent or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Faithful Performance_ Bond Document Date: January 3 2017 Number of Pages: 1 Signer(s) Other Than Named Above: Dwiaiht Neill Capacity("res) Claimed by Signer(s) Signer's Name: _B1aV_a_.Kirschnpr ❑✓ Corporate Officer — Title(s): —Vice Presidul ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Hardy & Harper,_Inc Signer's Name: ❑ Corporate Officer — Title(s): _ ❑ Partner -- ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: _ Signer Is Representing: 02014 National Notary Association - www.Nationa[Notary.org • 1 -800 -US NOTARY (1--800-876-6827) Item #5907 „�. °; rbcs TINA PHAM , COMM. #2149384taM �; as•'•!' Notary Public-Callfornia ORANGE COUNTY a ail»,GPN� My Conan, Expires Apr 17, 2020 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official sea[. Signature. -- Sign Lure of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the docurnent or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Faithful Performance_ Bond Document Date: January 3 2017 Number of Pages: 1 Signer(s) Other Than Named Above: Dwiaiht Neill Capacity("res) Claimed by Signer(s) Signer's Name: _B1aV_a_.Kirschnpr ❑✓ Corporate Officer — Title(s): —Vice Presidul ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Hardy & Harper,_Inc Signer's Name: ❑ Corporate Officer — Title(s): _ ❑ Partner -- ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: _ Signer Is Representing: 02014 National Notary Association - www.Nationa[Notary.org • 1 -800 -US NOTARY (1--800-876-6827) Item #5907 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 January 3, 2017 before me, Susan Pugh, Notary Public (insert name and title of the officer) personally appeared Dwight Reilly who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Susan Pugh SUSAN PUGH COMM. #2105405 n Notary Public-Ceiifornta ORANGE COUNTY (Seal) w MyCon7m.F-xpiresApr29,2Q18 This bond was executed in two (2) identical COL1.11terparts. CITY OF SANTA ANA BONDS PROTECT NO.: PAVMJ':,NT B0NDD Bond No. '7651851 Premium: See Performance Bond KNOW ALL MEN BY THESE PRESENTS that Hardy & Plarper, as CONTRACTOR, and Fdeli_ _and Deposit Company of Maryland , a corporation, organized and existing under the laws of the State, aM .uc` ly authorized to transact business under the laws of the State of California, as SURETY, are held and firmly bound unto the City of Santa Ana, as AGENCY, in the penal suns of Two Hlmdred Seventy Eight Thousand and 00/100 Dollars ($ 278,000.00 ), which is 100 percent of the total contract amount for the above stated project, for the payment of which sum, CONTRACTOR and SURETY agree to be bound, jointly and severally, fa my by these presents. THE CONDITIONS OF T:1 -IIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract Agreement with AGENCY dated December 20, 2016 for Pedestrian I�nproyeinents on. Santa Ana Boulevard if CONTRACTOR or any subcontractor fails to pay for any labor or material of any kind used. in the performance of the Work of Improvement to be done under said Contract Agreement, or fails to submit amounts due under the State Unemployment Insurance Act with respect to said labor, SURETY will pay for the same in an amount not exceeding the sum set forth above, which amount shall insure to the benefit of all persons entitled to file claims under the State Code of Civil Procedures; provided. that any alterations in the work to be done, materials to be furnished, or time for completion made pursuant to the terms of the contract documents shall not in any way release either CONTRACTOR or SURETY, and notice of said alterations is hereby waived by SURETY. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seal this 3rd day of - January , 2017 . 1312 E. Warner Avenue CONTRACTOR* I -lardy &Harper, Inc. Santa Ana CA 92705 (714) 444-1851 777 South Figueroa Street, Suite 3900 SURETY*.Fidelity and Deposit Company of Maryland Los Angeles CA 90017 (213 270-0600 Dwight Reilly, Attorney-in-fact 1411 N, Batavia St., Stiute 201, Orange, CA 92867 Subscribed and sworn before me _—_ (714) 516-1232 , this —_--day of Signature: Steve Kirschner - Vice President; Notary Public in and for the County of _ State of Rate of premi um on this bond is $ See Performance Bond Total amount of premium charge is $ See Performance Bond er thousand, To he filler! in by .Surety *1'rovide CONTRACTOR 1 ADNII.TTED SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. 2of3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT C11fll_ CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of —.-..Orange ) On JanraQr a, 2017 —_ before me, Tina_ Pha,gi-Notary_Public Date Here Insert Name and Title of the Officer personally appeared Steve Kirschner ___.._.. Narne4} of Sign who proved to me on the basis of satisfactory evidence to be the person(x) whose narne(K) is/axe subscribed to the within instrument and acknowledged to me that he/sb(e/tiny executed the same in his/hwr/their authorized capacity(i(�C), and that by his/hxr/their signature( on the instrument the person(g), or the entity upon behalf of which the person(x) acted, executed the instrument. smni, o. r.q TINA PRAM P COMM. #12149364 N _ T Notary Pubkc•ca]Iforrlil ORANGE COUNTY Q� My Comm. Expires Apr 17, 2020 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. Ql Signature.__,__. _ Sig ature of Notary Public Place Notary Seat Above 'OPTIONAL Though this section is optional, completing this information car) deter alteration of the document or fraudulent reattachment of this form to an unintended docurr)ent. Description of Attached Document Title or Type of Document: Payment Bond T Document Date: _ Jar Uq S, z017 Number of Pages: 1 Signer(s) Other Than Named Above: _ Dwi ftt Reill Capacity(ies) Claimed by Signers) Signer's Name: Steve Kirschner 2 Corporate Officer — Title(s): _vka President ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Hardy & Harper. Inc Signer's Name: _ ❑ Corporate Officer — Title(s): _ ❑ Partner --- ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: r4'C?'Ss,,;�Gz�.?vSa4;4c�cx;;{C z�"4zx>a,4 Lc ,zG� tGccrK,� 4r Ghz;�r- ©2014 National Notary Association • www.NatlonalNotary.org - 1-800-1JS NOTARY (1-800-876-6827) Item 145907 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 January 3, 2017 before me, Susan Pugh, Nota Public (insert name and title of the officer) personally appeared Dwight Reilly who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. rte" SUSAN PUGH ,�r__ + WITNESS my hand and official seal. � . ,.: comm. #2105405 Notary Public-Califnrraia ORANGE COUNTY 46 MY Comm. Fxpiros Apr % �QjO Signature �, 4.a... (seal) Susan Pugh Bond No. 7651851 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 hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Daniel HUCKABAY, Dwight REILLY, Andrew WATERBURY, Arturo AYALA, Shaunna Rozelle OSTROM 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 5th day of December, A.D. 2016. ATTEST: L04 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND /to <�' 0� Secretary Vice President .Eric D. Barnes Michael Bond State of Maryland County of Baltimore On this 5th day of December, A.D. 2016, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, MICHAEL BOND, Vice President, and ERIC D. BARNES, Secretary, of the Companies, to me personally Icnown 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 saitb, 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 Seal the day and year first above written. ,,j- 4 Constance A. Dunn, Notary Pubhe My Commission Expires: July 9, 2019 POA -F 012-0079B 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 attomeys-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 seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time. CERTIFICATE I, 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 l5th 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 Attomey... 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 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 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 3rd day of January 12017 . tt+r = � aoae o i°1 SEAL Gerald F. Haley, Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT ALL REQUIRED INFORMATION TO: Zurich American Insurance Co. Attn: Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056