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HomeMy WebLinkAboutItem 09 - Construction Contract for Alton Avenue from Main to Standard AvenuePublic Works Agency www.santa-ana.org/public-works Item # 9 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report August 29, 2023 TOPIC: Alton Avenue Rehabilitation from Main Street to Standard Avenue AGENDA TITLE Award a Construction Contract to Hardy & Harper, Inc. in the Amount of $1,400,000 for the Alton Avenue Rehabilitation from Main Street to Standard Avenue Project, with an Estimated Project Delivery Cost of $1,750,000 (Project No. 21-6975) (Non -General Fund) RECOMMENDED ACTION 1. Authorize the reallocation of S131 funds from the Euclid Rehabilitation from First Street to Hazard Avenue Improvement Project for a total amount of $1,037,000 to the Alton Avenue Rehabilitation from Main Street to Standard Avenue Project to complete the project funding requirement. 2. Award a construction contract to Hardy & Harper, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $1,400,000, subject to change orders (not to exceed 25% of the base bid amount) in accordance with the Greenbook: Standard Specifications for Public Works Construction, for construction of the Alton Avenue Rehabilitation from Main Street to Standard Avenue Project for a term beginning August 29, 2023 and ending upon project completion, and authorize the City Manager to execute the contract subject to non -substantive changes approved by the City Manager and the City Attorney. 3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,750,000, which includes $1,400,000 for the construction contract; $210, 000 for contract administration, inspection, and testing; and a $140,000 project contingency for unanticipated or unforeseen work. 4. Determine that the recommended actions are exempt from further review in accordance with the California Environmental Quality Act as Categorical Exemption Environmental Review No. ER-2021-43 was filed for the project. DISCUSSION The City's Pavement Management Program identified Alton Avenue Rehabilitation from Main Street to Standard Avenue Project as a high priority for street rehabilitation (Exhibit 1). As identified in the Pavement Management Program, the pavement on this Construction Contract for Alton Avenue from Main to Standard Avenue August 29, 2023 Page 2 section of Grand Avenue has deteriorated due to weather, age, and wear -and -tear from heavy usage vehicles. The improvements include the removal and replacement of failed asphalt pavement and the replacement of damaged concrete curb, gutters, sidewalks, curb ramps, installation of traffic loops, traffic stripes, and pavement markings. Once completed, these improvements will enhance the ride quality and visual appearance of the street, and comply with Americans with Disabilities Act (ADA) standards. Public Outreach and Contractor Particiaation To provide an opportunity for local vendors to submit bids, the City notified a total of 39 regional vendors via PlanetBids, many of which are Santa Ana based. Thirty-six vendors requested bidding documents, and a total of five bids were received. No bids were received from Santa Ana contractors. As legally required, a Notice Inviting Bids was advertised in the Orange County Register newspaper on June 2, 2023 and June 9, 2023. The project was also advertised in PlanetBids from June 2, 2023 through June 26, 2023. Bids were received electronically via PlanetBids on June 26, 2023. Bid Results Summary Rank Bidder's Name Location Base Bid 1 Hardy & Harper, Inc. Lake Forest, CA $1,400,000 2 R.J. Noble Company Orange, CA $1,452,990 3 All American Asphalt Corona, CA $1,694,333 4 Onyx Paving Company, Inc. Anaheim, CA $1,696,000 5 Excel Paving Co. Long Beach, CA $1,924,715 A total of five bids were received and all were deemed responsive. Hardy & Harper, Inc. submitted the lowest responsive base bid in the amount of $1,400,000 (Exhibit 2). As specified in the bid documents, the lowest bid shall be determined on the basis of the Base Bid. Based on the bid analysis and a contractor's reference check, Staff recommends awarding the construction contract to Hardy & Harper, Inc. in the amount of the base bid totaling $1,400,000 (Exhibit 3). Hardy & Harper, Inc. has worked on various projects in Santa Ana and has performed satisfactorily throughout the last several years. The most recent project is the Local Street Preventative Maintenance FY 2020-21. Construction Contract for Alton Avenue from Main to Standard Avenue August 29, 2023 Page 3 Proiect Delive To deliver a complete project, in addition to the construction contract, the estimated total project delivery cost includes construction administration, inspection, and testing, along with an allowance for contingencies to account for unexpected or unforeseen conditions. Construction administration and inspection includes construction management and materials testing. As indicated in the Cost Analysis (Exhibit 4) and as summarized in the table below, the estimated total construction delivery cost of the project is $1,750,000. Project Item Total Construction Contract Bid Amount $1,400,000 Construction Administration, Inspection, Testing $210,000 Contract Contingencies $140,000 TOTAL ESTIMATED CONSTRUCTION DELIVERY COST $1,750,000 ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER- 2021-43 was filed for the project. FISCAL IMPACT As indicated in the Cost Analysis, the estimated total construction delivery cost of the project is $1,750,000, which includes construction, contract administration, inspection, testing, and an authorized contingency. Project No. 21-6975 is the number assigned to the Project Plans and Specifications and the Notice Inviting Bids. Project No. 21-6975 is the number assigned to the funding for tracking of all expenditures to deliver the construction of this project. The proposed contract enables Staff to authorize a construction cost increase of up to 25 percent, if necessary for contingencies. Staff expect to utilize other available Public Works appropriations if a contingency becomes necessary to complete the project. If there are no other available appropriations, Staff will return to City Council with a project update and recommendations. The following table summarizes the funds budgeted and available through the carry - forward process in current FY 2023-24 for expenditure to deliver construction of this project. Any unspent budget in FY 2023-24 will be included in future year carry -forward for City Council consideration. Construction Contract for Alton Avenue from Main to Standard Avenue August 29, 2023 Page 4 Fiscal Accounting Unit - Fund Accounting Unit - Y Year Account No. Description Account No. Amount (Project No.) Description ExistingProject Budget Exclu ing Design Engineering) 2023-24 05917665-66220 Select Street HUTA Gas Tax — $713,000 (21-6975) Construction RMRA, Improvements Other Than Buildings Reallocated Budget 2023-24 05917665-66220 Select Street HUTA Gas Tax — $1,037,000 (from 20-6955 to Construction RMRA, Improvements 21-6975) Other Than Buildings Total $1,750,000 EXHIBIT(S) 1. Location Map 2. Bid Proposal 3. Construction Contract 4. Cost Analysis 5. CIP Project Sheet Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager Exhibit 1 SANTA ANA Project No. 21-6975: uaj Alton Avenue Rehabilitation PUBLIC WORKS AGENCY From Main Street to Standard Avenue Exhibit 2 CITY OF SANTA ANA V61x [ vxM� Ipv " CONTRACT DOCUMENTS FOR PROJECT NO. 21-6975 ALTON AVENUE REHABILITATION FROM MAIN STREET TO STANDARD AVENUE PREPARED UNDER THE SUPERVISION OF: * 24 + 06/02/23 Jason Gabriel Date 20 CIVIC CENTER PLAZA CITY HALL - ROSS ANNEX SANTA ANA, CA 92701 SANTA ANA 7 PW A I L=J PUMIC WOHKS AGENCY Prospective bidders may obtain Bid Documents, Project Specifications and Plans via PlanetBids: htt s.ilvuwv<<. lanett}ids.coml grtaif ortai.cFrrl?Coln an ID=20137 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-6975 ALTON AVENUE REHABILITATION FROM MAIN STREET TO STANDARD AVENUE BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: Hardy & Harper, Inc REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the following schedule: Item Description Qty Unit Unit Price Amount I Unclassified Excavation* 2,500 CY $ $ qG."o 7- 7-6. b CAD as 2 Cold Mill (0-2")* 67,000 SF $ $ (.pQ On 3 AC Pavement* 2,100 TN $ $ l oa o0 4 Asphalt Rubber Hot Mix* 2,900 TN $ $ yz.00 co 5 PCC Sidewalk (4")* 5,800 SF $ $ `,, 00 6 PCC Driveway Approach 1,300 SF $ $ (Commercial = 8")* 3-5,110 45 Sn0 7 PCC Curb and Gutter (Type A-2- 600 LF $ $ 8)* -15.0° 4S oO 8 PCC Reinforced Bus Pad* 4,300 SF S $ Zd °° ao 9 Root Shave* 14 EA S $ 50,00 --1 —I CyC 00 10 Furnish and Install New Water I I EA S $ Meter France and Cover to Finished Grade* �p ao o0 1 I Adjust Water Valve Frame and 26 [A S $ Cover to Finished Grade* qo 00 12 Furnish and Install New Sewer and 7 EA 5 $ Drainage Manhole to Finished Grade* Oo °a 13 Furnish and Install New Pullbox* 1 EA $ $ 7-U 00 P-7 of P-23 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-6975 ALTON AVENUE REHABILITATION FROM MAIN STREET TO STANDARD AVENUE Item Description Qty Unit Unit Price Amount 14 Furnish and Install Traffic Loops 6 EA $ $ (Type E)* Oo po 5 FLImiSh and Install Traffic Loops 2 EA $ $ (Type F)* O o0 00 16 Construct Parkway Culvert (Type 2 EA $ $ A) I 17 Clear and Grub Per Limits Shown I LS $ $ 0o Vu o0 18 Project Advertisement Sign 2 EA $ $ a5i.ern,co 19 Signing and Striping I LS $ $ 31 aO —t 0n 20 Construction Permit I LS $15,000 $15,000 P-8 of P-23 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-6975 ALTON AVENUE REHABILITATION FROM MAIN STREET TO STANDARD AVENUE TOTAL BASE BID I S l 4A.C'0 6 CC. as 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. t This bid item is considered a Specialty Item per Section 3-2 of the Standard Specifications. TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within number 60 working da s after the commencement date stated in the Notice to Proceed. Tile liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $5. 000,00 per calendar day. Name of Firm Signature of B11 Title Kristen Pauiino, Corporate Secretary (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) P-9 of P-23 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-6975 ALTON AVENUE REHABILITATION FROM MAIN STREET TO STANDARD AVENUE 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. Name of Finn Signature of B11 Title Kristen Paulino, Corporate Secretary (if an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President. Secretary, Treasurer and Manager, thereof.) P- 10 of P-23 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-6975 ALTON AVENUE REHABILITATION FROM MAIN STREET TO STANDARD AVENUE 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: 32 Rancho Circle, Lake Forest, CA 92630 Business E-Mail Address: mmurray(d)hardyandharper.com _ Telephone: 714-444-1851 State Contractor's License No. and Class: 215952 A, C-8 & Cl2 License Expiration Date: 12/31/2023 State Dept. of Industrial Relations (DIR) Registration No.: State Dept. of Industrial Relations (DIR) Registration Expiration Da Signed: I[IIIIIIIIiIIIIyI� 6/30/2023 Title: Kristen Paulino, Corporate Secretary P-I I of P-23 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-6975 ALTON AVENUE REHABILITATION FROM MAIN STREET TO STANDARD AVENUE PREVAILING WAGE COMPLIANCE AND MONITORING STATEMENT Contractor is aware of the requirements of California Labor Code Section 1720, et seq., as well as California Code of Regulations. Title 8, Section 16,000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the services are being performed as part of an applicable "public works" or `maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to 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, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The undersigned certifies that the Foregoing is true and correct. Name of Firm Signature of BIl Title Kristen Paulino, Corporate Secretary (if an individual, so state) P-12 of P-23 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-6975 ALTON AVENUE REHABILITATION FROM MAIN STREET TO STANDARD AVENUE OWNERSHIP AFFIDAVIT STATE OF CALIFORNIA ) COUNTY OF ORANGE > SS: CITY OF SANTA ANA Kristen Paulino being duly sworn, deposes and says: ❑ INDIVIDUAL That he/she is the party making the foregoing proposal: ❑ PARTNERSHIP That he/she is a member ofthe 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. X1 CORPORATION That he is of: Hardy & Harper, Inc. _ a corporation which is making the foregoing proposal: ❑ JOINT VENTURE That he is of: one of the parties making the foregoing proposal as a joint venture, and the he/she has been 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 secure any advantage against the City of Santa Ana or any person interested in the prop sed contr t, fo it self or any other person. Signature of Bidder Kristen Paulino, Corporate Secretary Subscribed and sworn to before me this day of See Attached er Administering Oath (Notary Public) P-13 of P-23 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. I Signature of Document Signer No. 2 (if any) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Oran MORGAN E. CHURNOCK !Iamy Notary Public - CaliforniaOrange County Commission A 2377551 Comm. Expires Oct 5, 2025 Subscribed and sworn to (or affirmed) before me on this 21 day of June , 20 23 , by Date Month Year (1) Kristen Paulino (and (2) ), Name(s) of Signer(s) proved to me on the basis of satisfactory evidence to be the person(x) who appeared before me. 1"`AxSignatur I' rign,4urptary 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: Number of Pages: Signer(s) Other Than Named Above: Document Date: 02014 National Notary Association • www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5910 CITY OF SANTA ANA Bond No. CSBA-24319 PROPOSAL PROJECT NO.: 21-6975 ALTON AVENUE REHABILITATION FROM MAIN STREET TO STANDARD AVENUE KNOW ALL PRESENT that, Hardy & Harper, Inc. , as BIDDER, and Fidelity and Deposit Company of Maryland _ , as SURETY, are held and finely bound unto the CITY OF SANTA ANA, as AGENCY, in the penal sum of _ Ten Percent of the 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 21 st day of BIDDER* ,tune , 2023 . 32 Rancho Circle, Lake Forest, CA 92630, (714) 444-1851 SURETY* 777 South Figueroa Street, Suite 3900 Fidelity and Deposit Company of Maryland Los Angeles, CA 90017, (213) 270-0600 Dwight Reilly, Attorney -in -Fact Subscribed and sworn to before me , 20_. Signature. 1411 N. Batavia St., Suite 201, Orange, CA 92867, (714) 516-1232 Notary Nabtiic in and for the County of , State of this day of * Frovide BIDDER/ SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. P-14 of P-23 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. Signature of Document Signer No. 2 (if any) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange LMORGANE.CHURMXK otary Public- California Orange County Commission # 2377551 amrn- Expfres Oct 5, 2025 + Subscribed and sworn to (or affirmed) before me on this 26 day of June , 20 23 by Date Month Year (1) Kristen Paulino (and (2) ), Name(s) of Signer(s) proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Signature of (Note* 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: 02014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5910 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 06/21/2023 before me, Melissa Ann Vaccaro, 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. � MELISSA ANN VACCARO M COMM. #2401942 M '�' Notary Public -California a IL f ORANGE COUNTY LL My Comm. Expires May 12, 2021 Signature (Seal) Melissa Ann Vaccaro Bond No. CSBA-24319 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 Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Daniel HUCKABAY, Frank MORONES, Dwight REILLY, Arturo AYALA, Shaunna ROZELLE OSTROM, Benjamin WOL,FE, Chelsea LIBERATO.R.E, Ben STONG, Michael D. STONG, R. NAPPI, Adrian LANGRELL of Orange, California., its true and lawful agent and Attorney -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 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 loth day of November„ A.D. 2022. 1sSHSnF,.tlily, ,IS:tSSu.etlmlNy ,1,,,aittF1ly, ° "SFAL311"SERL�i.cS,n hg ,�~!•enlpN""r' }�`ai"Apbna:F,n" ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY" FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Robert D. Murray Vice President By: Dawn E. Brown Secretary State of Maryland County of Baltimore On this kith day of November„ A.D. 2022, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D. Murray, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly swam, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations, IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year' first above written. Constance A. Dunn, Notary Public My Commission Expires: July 9, 2023 Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, 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 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 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. th3 TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 21st day of June . 2023 . 2 .St�.m�� r�sD i ��l�4�11 V1N`V� NfTO Mn MifiLUN'" n 4 b'flp YllosN�� \ rn? PQaP-lt�,Fc- By: Mary Jean Pethick Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 Ph:800-626-4577 _ If your jurisdiction allows for electronic reporting.af surety claims, please submit to: renortslclaims(&zurichna.com Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-6975 ALTON AVENUE REHABILITATION FROM MAIN STREET TO STANDARD AVENUE LIST OF SUB -CONTRACTORS Section 4100 et. seq. of the Public Contract Code requires listing of all subcontractors with the bid for all subcontract work exceeding the following amount: o Streets, highways including bridge projects: ''/a% of the bid or $10.000, whichever is greater o Buildings. parks, or other projects: '/z% of the bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIR). BIDDER proposes to subcontract certain portions of the work to the firms listed below: Name O License #/Exp. LQ l DIR Reg. #/Exp. Location Phone % (4) ctq 1 - 9 55fo Type Of Work Loops Amount $ Name S ttJ (,1 License 4/Exp. L5411 DIR Reg. #/Exp. q)r YY) 1533 License # L541 k Location U9Aa1JM- CA Phone i"l 1A-) l oZ7 - a 41 Type Of Work Amount $ S 1R-Ll�t7 Name l License 9/Exp. 54501-v DIR Reg. #/Exp. I h p License # Lpr04 LO Location 0(Z at=_ C-A Phone Type Of Work Amount $ % 16, mo -&;L Signature of Bidder Kristen Paulino, Corporate Secretary Name License #/Exp. DIR Reg. #/Exp. j QQpp 1 l -1 SD Location 9=1\lF25t DE OA Phone (9 51� 08 Z - 4S 4 Type Of Work S Amount $ Name ALL License #/Exp. DIR Reg. #/Exp. OQtO License # -1 Location CLIV=c A Phone t Type Of Work )� Amount $ i c(o- oD:) Name License 4/Exp. DIR Reg. 4/Exp. License # _ Location Phone Type Of Work Amount $ P-15 of P-23 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-6975 ALTON AVENUE REHABILITATION FROM MAIN STREET TO STANDARD AVENUE 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 attached Past Project References Name and Address of Owner. - Name and Telephone Number of person familiar with project. Contract Amount Type of Work 2. Please see attached Past Project References Name and Address of owner. - Name and Telephone Number of person familiar with project. Contract Amount Type of Work 3. Please see attached Past Project References Name and Address of owner. _ Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed Date Completed Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. Fidelity and Deposit Company of Maryland (213) 270-0600 777 S. Figueroa Street Los Angeles, CA 90017 Commercial Surety Bond Agency (714) 516-1232 1411 N. Batavia Street #201 Orange, CA 92867 The Wooditch Company Insurance Services, Inc. (949) 697-8195 1 Park Plaza Suite 400 Irvine CA 92614 P-16 of P-23 Hardv & Harner. Inc. Pact Prniert ReferenePc OWNER/AGENCY CONTACT PROJECT NAME, AMOUNT, & COMPLETION DATE City of San Gabriel Alain Mai CDBG Street Improvements Project FY 22/23 425 S. Mission Drive (626) 308-2825 Contract Amount: $490,000.00 San Gabriel, CA 91776 amai r�s ch.or Completion Date: March 2023 City of Fullerton Rafael Chavez Residential Street Rehabilitation 303 West Commonwealth Avenue (714) 932-7506 Contract Amount: $1,204,780.00 Fullerton, CA 92832 ratael.chavez(i)citvoffullerton.com Date: February 2023 City of Moreno Valley _Completion Quang Nguyen Pavement Rehab. for Various Local Streets CDBG FY 21122 14177 Frederick Street (951) 413-3159 Contract Amount: $2,444.260.00 Moreno Valley, CA 92552 uan n(igntoval.ort; Completion Date: December 2022 City of Grand Terrace Kamran Dadbell Pavement Rehab. On Barton Rd, Van Buren St & Vivienda Ave 22795 Barton Road (909) 924-6621 Contract Amount: $570,000.00 Grand Terrace. CA 92313 kdadbeh a randterrace-ca. ov Com letion Date: September 2022 City of Downey Desi Gutierrez Residential Street Pavement Rehabilitation Project, Area 1 1 l t 11 Brookshire Avenue (562) 904-71 10 Contract Amount: $2,875.000.00 Downey, CA 90241 d utierr(r7downe ca.or Completion Date: June 2022 City of Orange Youichi Nakagawa Prospect & Spring Right Turn Lane Modification Project 300 E. Chapman Avenue (714) 744-5572 Contract Amount: $920,000.00 Orange, CA 92866 ynakagawa rr>cit oforan e.or Completion Date: June 2022 City of San Femando Manuel Fabian Pico Street Improvement Project 117 Macneil Street (818) 898-1243 Contract Amount: $465,000.00 San Fernando, CA 91340 mfabian(ei)sfcit .or Completion Date: May 2022 City of Downey Desi Gutierrez Residential Street Pavement Rehabilitation Project, Area 10 11 11 1 Brookshire Avenue (562) 904-71 10 Contract Amount: $2,355,000,00 Downey, CA 90241 d utierr(u)downe ca.or Cam letion Date: April 2022 City ofJurupa Valley Desiree Flores 2021-22 CDBG Old Mira Loma Pavement Rehabilitation Project 8930 Limonite Avenue (951) 332-6464 Contract Amount: $810,000.00 Juru a Valley, CA 92509 dflores(iajuru avalle .or Completion Date: April 2022 City of Anaheim Lorenzo Rea Residential Street Improvement Project - Lotus & Torry, Group I3 200 S, Anaheim Blvd (714) 765-6893 Contract Amount: $5,806,000.00 Anaheim, CA 92805 Irea(z7tanaheim.net Completion Date: March 2022 County of Riverside Hector Davila Fisher Street Resurfacing Project 3525 14th Street (951) 955-6885 Contract Amount: $785,560.00 Riverside, CA 92501 hedavila(ftivco.or Completion Date: February 2022 City of Chino Hills Carl Hassel Village Center Drive Pavement Rehabilitation Project 14000 City Center Drive (909) 364-2817 Contract Amount: $408,000.00 Chino Hills, CA 91709 chassel(u)chinohills.or Com letion Date: December 2021 Los Angeles County Peter Sanque Pavement Reconstruction (Sustainable) North LA County 900 S. Fremont Avenue (661) 947-7173 Contract Amount: $1,873,929.57 Alhambra, CA 91803 psanqueLiew.lacounty.gov Completion Date: November 2021 City of Loma Linda Jarb Thaipejr Pavement Rehab. on Barton Rd, Bryn Mawr & Orange Grove 25541 Barton Road (909) 799-2800 Contract Amount: $462,590.00 Loma Linda, CA 92354 jthai ejr(rt)lomalinda-ca. ov Completion Date: November 2021 City of Norco Sam Nelson Sixth Street Widening 2870 Clark Avenue (951) 270-5607 Contract Amount: $785,000.00 Norco, CA 92860 snelson a.ci.norco.ca.us Com letion Date: September 2021 City of Irwindale Luis Pimentel 2020-2021 Resurfacing Project 5050 N. Irwindale Avenue (626) 430-2259 Contract Amount: 5544,311.93 Irwindale, CA 91706 I imentelra�irwindaleca, ov Completion Date: May 2021 City of Brea Steve Kooyman Imperial Highway / Berry St, Intersection Improvements 1 Civic Center Circle (530) 318-1066 Contract Amount: $579,648.80 Brea, CA 92821 skoo yman rr,interwest r ,coin Completion Date: May 2021 City of Colton .less Sotto FY 20-21 Asphalt Paving Project 650 N. La Cadena Drive (909) 370-5551 Contract Amount: $2,695,493.64 Calton, CA 92324 "sotto a)coltonca. ov Completion Date: Mav 2021 City of Burbank Adam Salehi 2020 Street Improvement Project 301 E. Olive Avenue (818) 238-3946 Contract Amount: $ t,253,099,98 Burbank, CA 91502 asalehi it burbankca. ov Completion Date: April 2021 Hardv & Harner. Inc. Past Prniect References OWNER/AGENCY CONTACT PROJECT NAME, AMOUNT, & COMPLETION DATE City of'Oxnard Renee Hatcher Thin Maintenance Overlay Project Phase If (Rebid 2) 300 West Third Street (805) 385-8280 Contract Amount: $6,550.000,00 Oxnard, CA 93030 renee.hatcher(c)oxnarca.or Completion Date: November 2020 City of Moreno Valley Michael Wolfe Citywide Pavement Rehabilitation Program FY 19-20 14177 Frederick Street (951) 413-3100 Contract Amount: $4,080,364.90 Moreno Valley, CA 92552 urchasin division(e?moval.or Com letion Date: November 2020 City of Cypress Alex Bangean Arterial Rehabilitation Project 230 5275 Orange Avenue (714) 229-6740 Contract Amount: $1,042,000.00 Cypress, CA 90630 abangean(d)cyprcssca,org Completion Date:August 2020 City of Bantling Art Vela Street Rehabilitation at Various Locations 99 East Ramsey Street (951) 922-3130 Contract Amount: $1,451,000.00 Banning, CA 92220 avela ctlbannin ca. ov Com letion Date: March 2020 City of Ontario Bill Braun 2019 Fall Pavement Rehabilitation Project 303 East "B" Street (909) 395-2012 Contract Amount: $4,261,000.00 Ontario, CA 91764 urchasin (iilontarioca. ov Completion Date: October 2019 City of Pasadena Tony An Preventative Maintenance Services 100 N. Garfield Avenue (626) 744-7403 Contract Amount: $2,424,216.00 Pasadena, CA 91101 lanCei)cit of asadena.net Completion Date: April 2019 City of Downey Edwin Norris C1P No. 18-02 Residential Street Rehab. Project 11 I 1 I Brookshire Avenue (562) 904-71 10 Contract Amount: $1,808,000.00 Downe , CA 90241 enorris �i?downevca.or Completion Date: March 2019 City of Westminster Marwan N. Youssef Citywide Residential Street Improvements 8200 Westminster Blvd (714) 548-3460 Contract Amount: $1,452,000.00 Westminster, CA 92683 vejohnson(ti}wesntinster-ca. ov Completion Date: February 2019 City of San Jacinto Kristy 2018 Downtown Pavement Rehabilitation 595 S. San Jacinto Avenue (951) 654-3592 Contract Amount. $1,818,000.00 San Jacinto, CA 92583 krist c7i,trilakeconsultants.com Completion Date: Januaa 2019 City of Lancaster Luis Garibay 2018 Sidewalk, Curb & Gutter Repairs 44933 Fern Avenue (661) 723-61 10 Contract Amount: $1,976,000.00 Lancaster, CA 93534 I ariba ,cc cit oflancaster.or Coin letion Date: December 2018 City of Diamond Bar Jason Williams Residential & Collector Road Rehabilitation Project 21810 Copley Drive (909) 839-7050 Contract Amount: $1,551,000.00 Diamond Bar, CA 91765 williams(c7diamondbarea. ov Completion Date: December 2018 City of Tustin Mario Medina FY 2017-18 Roadway Rehab. & Sidewalk Repair 300 Centennial Way (949) 394-8955 Contract Amount: $1,575,125.00 Tustin, CA 92790 mmedina ct;tustinca.or Completion Date: October 2018 City of Fountain Valley Fatana Temory Resurface & Rehab. of Euclid St from Slater to Warner 10200 Stater Avenue (714) 593-4433 Contract Amount: $1,077.000.00 Fountain Valley, CA 92708 fatana.temo ,cc fountainvalley. or Completion Date: September 2018 City of Pomona Public Works Major Street Improvements 505 South Garey Avenue (909) 620-2261 Contract Amount: $3,839,000.00 Pomona, CA 91766 teen incerin (tr�ci. omona.ca.us Cam letion Date: August 2018 City of Rancho Palos Verdes Ron Dragoo Residential Street Rehabilitation Project 30940 Hawthorn Blvd (310) 544-5252 Contract Amount: $2,227.000.00 Rancho Palos Verdes, CA 90275 kwolek(iulch.ca. ov Completion Date: May 2019 City of Burbank Artin Mergerdichian Localikesidential Street Improvement Project 301 E. Olive Avenue (818) 238-3800 Contract Amount: $5,333,000,00 Burbank, CA 91502 timer erdichian dburbankca. ov Cum letion Dale: May 2018 City of Covina Chris Marcarello Grand Ave. Street Rehabilitation No. STPL-5118(020) 125 E. College Street (626) 384-5490 Contract Amount: $3,030,000.00 Covina, CA 91723 w(q)covinaca. rov Completion Date: May 2018 City of Lancaster Luis Garibay 2017 Pavement Management Program 17-003 44933 Fern Avenue (661) 723-61 10 Contract Amount: $2,727,000.00 Lancaster, CA 93534 l ariba ncit oflancaster.or Com letion Date: April 2018 City of Dana Point Matthew Sinacori Arterial Roadway Resurface & Pavement Preservation 33282 Golden Lantern (949) 248-3500 Contract Amount: $3,993,000.01) Dana Point, CA 92629 msinacori(c_dana oinl.or Completion Date: Janu 2018 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-6975 AL,TON AVENUE REHABILITATION FROM MAIN STREET TO STANDARD AVENUE 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. l . Please see attached Past Project References Name and Address of Owner. Name and Telephone Number of person familiar with project. Contract Amount Type of Work 2. Please see attached Past Project References Name and Address of owner, Name and Telephone Number of person familiar with project. Contract Amount Type of Work 3- Please see attached Past Project References Name and Address of owner. Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed Date Completed Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. Fidelity and Deposit Company of Maryland (213) 270-0600 777 S. Figueroa Street Los Angeles, CA 90017 Commercial Surety Bond Agency (714) 516-1232 1411 N. Batavia Street #201 Orange, CA 92867 The Wooditch Company Insurance Services, Inc. (949) 697-8195 1 Park Plaza, Suite_400, Irvine, CA 92614 P-17 of P-23 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-6975 ALTON AVENUE REHABILITATION FROM MAIN STREET TO STANDARD AVENUE NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) In conformance with Title 2 3 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 manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further. that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. BIDDERS are cautioned that makin a false certification may subject the certifier to criminal prosecution. A Signed ZV%Pj't.:- Kristen Paulino, State of California County of Secretary Subscribed and sworn to (or affirmed) before me on this . proved to me on the basis person(s) who appeared before me — See Attached lic Signature 40—of—' 20_, by actory evidence to be the Notary Public Sea] P-18 of P-23 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 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 Oran 14` w" '.��, MORGAN E. CHURNOCX Notary Public - California x ,t Orange County � r "T Commission p 2377551 " «�"� My Comm. Expires Oct 5, 2025 Subscribed and sworn to (or affirmed) before me on this 21 day of June , 20 23 by Date Month Year (1) Kristen Paulin (and Name(s) of Signer(s) proved to me on the basis of satisfactory evidence to be the person(a) who appeared before me. Signature Tratu(e o7?f PUdry Public Sea! Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Signer(s) Other Than Named Above: Document Date: 02014 National Notary Association • www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5910 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-6975 ALTON AVENUE REHABILITATION FROM MAIN STREET TO STANDARD AVENUE 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 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. 5. 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 administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractor's 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-19 of P-23 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-6975 ALTON AVENUE REHABILITATION FROM MAIN STREET TO STANDARD AVENUE 7. The Contractor shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request that the United States enter into such 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 violating this Section is subject to all the penalties imposed for a violation ofj the Chapterh /11"� Signed: A1V1 ,,`:,'1J Title: Kristen Paulin, Corporate Secretary Firm: Hardy & Harper. Inc. Date: June 19, 2023 P-20 of P-23 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-6975 ALTON AVENUE REHABILITATION FROM MAIN STREET TO STANDARD AVENUE 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 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 amount or upon the same basis and in the same manner as the other contractors, except contractors not signatory to the trust agreement shall pay a like amount to the Waliforn' prenticeship Council. Signed: Title: Kristen Pautino Corporate Secreta Firm: Hardy & Harper, Inc. Date: June 19 2023 P-21 of P-23 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-6975 ALTON AVENUE REHABILITATION FROM MAIN STREET TO STANDARD AVENUE 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 otherwise entitl":S=e= Signed: Title: Kristen Paulino Corporate Secreta Firm: Hardy_& Hamer, Inc. Date: June 19, 2023 P-22 of P-23 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-6975 ALTON AVENUE REHABILITATION FROM MAIN STREET TO STANDARD AVENUE PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE In conformance with Public Contract Code Section 10162, the BIDDER shall complete, under penalty of perjury, the following questionnaire: Has the BIDDER, any officer of the BIDDER, or any employee of the BIDDER who has a proprietary interest in the BIDDER, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or focal government project because of a violation of law or a safety regulation? Yes No X If the answer is yes, explain the circumstances in the following space. P-23 of P-23 A special meeting of the directors of HARDY & HARPER, INC. was held at the principal office of the corporation, on January L4 _, 2021, at 11:00 a,m. pursuant to the call made by the Secretary and written notice waived by the directors by signing these minutes. Pursuant to the provisions and bylaws, DANIEL MARS as Chief Financial Officer and KRISTEN PAULINO, as Secretary of the Corporation, presided over the meeting. The purpose of the meeting was to nominate and elect two Vice -Presidents of the Company Present at the meeting were all of the Directors of the Corporation: 167,01,0110455 KRISTEN S. PAULINO TESSA MAAS DANIEL MAAS was re-elected President and Chief Executive Officer, KRISTEN PAULINO was re-elected Secretary, TANNER HAMBRIGHT was elected Vice -President of Strategic Development, and as Vice -President he is hereby authorized to sign contracts on behalf of the corporation. MICHAEL MURRAY was elected Vice-President/Operations Manager for the corporation with authority to sign contracts on behalf of the corporation and authorized to sign checking and bank accounts on behalf of the corporation where the corporation has established bank and checking accounts. There being no further business it was moved second and carried that the meeting be adjourned. DATED: January 4 , 2024 DANIEL. MAAS, Director/President ISTEN P ULINO, Director/Secretary n SSA MAA , Director CONTCTORS L Cr3 STATE L CENS BOARD ACTIVE LICENSE ;a 2159 52 Em., Co R R HARDY & HARPER INC nusncwonlr� A C.-8 C 1 2 pm E,rr�nno.. Q/3112023 www.cslb -9,00V WO 6/23/22, 7:33 AM Registrations Contractor Information Legal Entity Name HARDY & HARPER, INC, Legal Entity Type Corporation Status Active Registration Number 1000000076 Registration effective date 07/01/22 Registration expiration date 06/30/23 Mailing Address 32 Rancho Circle Lake Forest 92630 CA United Stat... Physical Address 32 Rancho Circle Lake Forest 92630 CA United Stat... Email Address cicamen@hardyandharper.com Trade Name/DBA License Number (s) CSLB:215952 CSL13:215952 Legal Entity Information Corporation Entity Number: Federal Employment Identification Number: President Name: Vice President Name: Treasurer Name: Secretary Name: CEO Name: Agency for Service: Agent of Service Name: Agent of Service Mailing Address: Worker's Compensation Registration History Effective Date Expiration Date 06/15/18 06/30/19 05/09/17 06/30/18 06/08/16 06/30/17 06/19/15 06/30/16 07/02/14 06/30/15 07/01/19 06/30/20 07/01/20 06/30/21 07/01/21 06/30/22 07/01/22 06/30/23 C0443071 952251022 Dan T. Maas Michael Murray Kristen Paulino Dan T Maas 32 Rancho Circle Lake Forest 92630 CA United States of America Do you lease employees through Professional Employer Organization (PEO)?: Please provide your current worker's compensation insurance information below: PEO PEO PEO PEOlnformationName Phone Email Insured by Carrier Policy Holder Name: Insurance Carrier: Policy Number: Inception date: Expiration Date: No HARDY & HARPER, INC. OLD REPUBLIC GENERAL INSURANCE CORF Al CWA0013900 04/15/22 04/15/23 https:llcadir,secure.force.com/ContractorSearch/registrationSearchDetails?id=al Rt00000048rbiEAA 1/1 EXHIBIT 3 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 21-6975 ALTON AVENUE REHABILITATION FROM MAIN STREET TO STANDARD AVENUE This CONSTRUCTION CONTRACT is made and entered into this 291h day of August, 2023 by and between the City of Santa Ana, California, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "CITY"), and Hardy & Harper, Inc. (hereinafter "CONTRACTOR"). WITNESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the Alton Avenue Rehabilitation From Main Street to Standard Avenue Project (hereinafter referred to as the "WORK OF IMPROVEMENT") identified in and in accordance with the Contract Documents prepared by the City's Public Works Agency and approved by the City Council. 2. The complete Construction Contract consists of the "Contract Documents" as defined by the Standard Specifications for Public Works Construction and which include the following: • Notice Inviting Bids • Information to Bidders • Bid Proposal • Bid Bond • Contract Form • Contract Bonds • General Provisions • Special Provisions • Technical Provisions and Project Plans • Community Workforce Agreement • Appendices In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Construction. 3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the WORK OF IMPROVEMENT the sum total amount not to exceed One Million Four Hundred Thousand Dollars and No Cents ($1,400,000.00), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A," and in accordance with Section 2-7.1 of the Greenbook: Standard Specifications for Public Works Construction. The BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable. Page 1 of 4 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 21-6975 ALTON AVENUE REHABILITATION FROM MAIN STREET TO STANDARD AVENUE 4. CONTRACTOR agrees to complete the WORK OF IMPROVEMENT within the time specified in the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit "A") including commencing construction within the timeframe therein specified after issuance of a Notice to Proceed. 5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the WORK OF IMPROVEMENT a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law. 6. If applicable, the CONTRACTOR shall adhere to the CITY'S Community Workforce Agreement (CWA), a pre -hire collective bargaining agreement, which establishes the labor relations policies and procedures for CONTRACTOR to follow in the crafts persons employed to complete the WORK OF IMPROVEMENT as more fully described in the CWA. The CWA may be found on the City's website at: http://www.santa-ana.orwa/documents/CWA. df 7. CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY, one in the amount of One Hundred Percent (100%) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100%) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond shall also be required as a condition of project acceptance. For projects up to Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of Ten Thousand Dollars ($10,000) or Twenty Percent (20%) of the final contract price. For projects above Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of One Hundred Thousand Dollars ($100,000) or Ten Percent (10%) of the final contract price. 9. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY. 10. INDEMNIFICATION. To the fullest extent allowed by law, CONTRACTOR and its Subcontractors hereby agree to defend, indemnify, and hold harmless CITY, its City Council, boards and commissions, officers, agents, employees, representatives and volunteers (hereinafter collectively referred to as "Indemnitees"), through legal counsel acceptable to CITY, from and against any liability, claims, actions, costs, damages or losses, including reasonable costs and attorney's fees, for injury, including death to any person or damage to any property, arising directly or indirectly from, or in any manner relating to, any of the following: (i) Performance or nonperformance of the Work of Improvement by CONTRACTOR or its Subcontractors of any lower tier; Page 2 of 4 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 21-6975 ALTON AVENUE REHABILITATION FROM MAIN STREET TO STANDARD AVENUE (ii) Performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of any of the obligations under the Contract Documents; (iii) The construction activities of CONTRACTOR or its Subcontractors of any lower tier, either on the project site or on other properties; (iv) The payment or nonpayment by CONTRACTOR of any of its Subcontractors of any lower tier, for Work of Improvement performed on or off the project site; and (v) Any personal injury, property damage or economic loss to third persons related to and arising from the performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of the Work of Improvement. (vi) The indemnity obligations of Subcontractors provided by this Section shall be included in all subcontract documents issued by CONTRACTOR. Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in favor of CONTRACTOR against CITY or any other Indemnitee. Subcontracts, if any, shall contain a provision making them subject to all of the provisions stipulated in this Construction Contract. With respect to any conflict between such federal requirements and the terms of this Construction Contract and/or the provisions of state law and except as otherwise required under federal law or regulation, the more stringent requirement shall control. [signature page to follow] Page 3 of 4 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 21-6975 ALTON AVENUE REHABILITATION FROM MAIN STREET TO STANDARD AVENUE IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: JENNIFER L. HALL City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney JOSE MONTOYA Assistant City Attorney RECOMMENDED FOR APPROVAL: NABIL SABA, PE Executive Director Public Works Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager CONTRACTOR: Nardv & Harmer Inc_ Page 4 of 4 CITY OF SANTA ANA EXHIBIT A PROPOSAL PROJECT NO.: 21-6975 ALTON AVENUE REHABILITATION FROM MAIN STREET TO STANDARD AVENUE BID PROPUSAL T0: 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 speciFcations for the unit price(s) or lump sum(s) set forth in the following schedule: Item Description Qty Unit Unit Price Amount I unclassified Exravatian` 2,5o0 CY $ $ t;>oow� 2 Cold Mil1(0-2")'` 67,000 SF $ $ UQ 00 3 AC Pavement' 3,100 TN $ S 12L.110 oa 4 Asphalt Rubber Not Mix* 2,900 TN $ $ pp on 5 PcC Sidewalk (4")* T800 SF $ $ CIO� GO 64CominePCC Driveway Approach 1,300 SF $rcial = 8")* 7 PCC Curb and Gutter (Type A-?- 600 LF $ S 8)` —75.00 4E)Qmoa 8 PCC Reinforced Bus Pad* 4,300 SF $ $ '2O.°° ao 9 Root Shave* 14 EA $ $ 50 ao to Furnish and Install New Water I I EA $ $ Meter Frame and Cover to Finished oa 4 od 1 I Grade* Adjust Water Valve Frame and 26 EA $ $ Cover to Finished Grade* tso 12 Furnish and Install New Sewer and 7 EA $ $ Drainage Manhole to Finished co ao 13 Grade* Furnish and install New Pullbox` 1 EA $ $ op ,. 60 P-7 of P-23 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-6975 ALTON AVENUE REHABILITATION FROM MAIN STREET TO STANDARD AVENUE Item Description Qty Unit Unit Price Amount 14 Furnish and Install'tratlic Loops 6 EA S $ (Type l-)* 190n.00.0 Oa 15 Furnish and Install rraffl Loops 2 EA $ $ (Type F)" BUL00 oa 16 Construct Parkway Culvert (Type 2 EA S $ A) `� 0O 40 17 Clear and Grub Per Limits Shown 1 LS S S 0o p o0 18 Project Advertisement Sign 2 EA $ S �G -COO 19 Signing and Striping 1 LS S S 3 00 00 20 Construction Permit 1 LS $15,000 S15,000 P-S of P-23 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 21-6975 ALTON AVENUE REHABILITATION FROM MAIN STREET TO STANDARD AVENUE TOTAL BASE BID I S J ,A"C,0' 6 CjG oa 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 said comparison only. This bid item shall not be subject to the "25°fa" 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 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 60 workin da s after the commencement date stated in the Notice to Proceed. The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $5, 000.00 per calendar day. Name of Firm Signature of BI' Title Kristen Paulino, Corporate Secreta {If an individual, so state. Ira firm or co -partnership, state the firm name and give the names of all individual co-partners composing the fin-n. If corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) P-9 of P-23 Exhibit 4 COST ANALYSIS CONSTRUCTION OF PROJECT NO. 21-6975: Alton Avenue Rehabilitation from Main Street to Standard Avenue Construction Contract $ 1,400,000.00 Contract Administration, Inspection and Testing $ 210,000.00 Contingencies $ 140,000.00 TOTAL ESTIMATED CONSTRUCTION COSTS $ 1,750,000.00 EXHIBIT 5 PROJECT TITLE: Alton Avenue Rehabilitation: Main to Standard PROJECT CATEGORY: Street Improvements Arterial Street Rehabilitation LOCATION MAP AGENCY: Public Works A N CITY OF SANTA ANA FY20/21CIP CAPITAL IMPROVEMENT PROJECT WORKSHEET PROJECT DESCRIPTION: Reconstruction/resurfacing of existing pavement and replacement/installation of missing or damaged, curbs, gutters, sidewalks, driveway approaches, and wheelchair ramps within this segment of roadway. PROJECT NEED: The City's Pavement Management Program (PMP) has been developed to prioritize and recommend the most cost-effective roadway repairs, and maximize the return from available funding for street pavement. This segment of Alton Avenue pavement rehabilitation is identified as a high priority in the PMP. PROJECT COSTS FY 20121 FY 21122 FY 22123 FY 23/24 FY 24/25 FY 25/26 FY 26/27 Construction $1,750,00 - - - - - - TOTAL $1,750,00 - SOURCE OF FUNDS FY20/21 RMRA SB1 $1,750,00 TOTAL $1,750,00 DIVISION: Design Engineering FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25126 FY 26/27 CONTACT: Jason Gabriel, Principal Civil Engineer DATE: 04-May-2020 12