HomeMy WebLinkAboutHARDY & HARPER, INC. (13) q9
Recorded in Official Records, Orange County
Recording Requested By, Hughf 1111
Nguyen, Clerk-Recorder
And When Recorded Mail To:
City of Santa Ana,Public Works Agency M22 II k 11�IE�II 1 I I 1111111 11 11�11 I 11� II
NO FEE
20 Civic Center Plaza,P.O.Box 1988 * $ R 0 Q 1 4 8 9 3 4 4 1 $ *
Santa Ana,CA 92702 202400009299611:44 am 04/15124
486 RW1A N12 10
0.00 0.00 0.00 0.00 27.00 0.00 0.000.000.00 0.00
THIS SPACE FOR COUNTY RECORDERS USE ONLY
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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
A construction of TRAFFIC CALMING IMPROVEMENTS PHASE 1 under contract entered into
on SEPTEMBER 19, 2023, with HARDY & HARPER INC. on which contract FIDELITY
a AND DEPOSIT COMPANY OF MARYLAND is surety. The property on which such work
awa o improvement was placed is in the City of Santa Ana, County of Orange, State of California, and
described as Project No. 23-6034 located at: VARIOUS LOCATIONS IN SANTA ANAP' The
work improvement on said property was accepted as completed on APRIL 11 2024.
CITY OF SANTA ANA,A MUNICIPAL CORPORATION
w
By
ADated: / Principal_Civil Engineer—Sean Thomas _
TITLE
Up ----------------------------------
a
VERIFICATION
I, the undersigned, say: I am the City Engineer — Rudy Rosas of the City of Santa Ana,
California; I executed the foregoing Notice of Completion acting on behalf of the owner of the
property therein described; I make this verification on behalf of said corporation by authorization
of the City Council of the City of Santa Ana; I have read said notice and know the contents
thereof; and I declare under penalty of perjury that the facts therein stated are true.
Executed on lq?Fl e- IS'ZOZ'Z at Santa Ana,California
City Engineer- Rodolfo Rosas
THIS NOTICE OF COMPLETION MUST BE RECORDED WITHIN TEN(10)DAYS AFTER COMPLETION
INSURANCE ON FILE
WORK MAY PROCEED
UNTIL INSURANCE EXPIRES CITY OF SANTA ANA
CITY CLERK CONSTRUCTION CONTRACT
DATE: NOV 3 O 2023 PROJECT 23-6034
TRAFFIC CALMING IMPROVEMENTS PHASE 1
This CONSTRUCTION CONTRACT is made and entered into this 19' day of September, 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 Traffic Calming Improvements Phase 1 (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 Five Hundred Forty Thousand Dollars and
No Cents ($540;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.
rev. 09/012017 Page 1 of 3
4. CONTRACTOR agrees to complete the WORK OF IMPROVEMENT within the time specified in
the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit "A") including
commencing construction within the timeframe therein specified after issuance of a Notice to Proceed.
5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the WORK
OF IMPROVEMENT a salary or wage at least equal to the prevailing salary or wage established for
such work as set forth in the wage determinations for this work in accordance with applicable State
and Federal law.
6. If applicable, the CONTRACTOR shall adhere to the CITY'S Community Workforce Agreement
(CWA), a pre -hire collective bargaining agreement, which establishes the labor relations policies and
procedures for CONTRACTOR to follow in the crafts persons employed to complete the WORK OF
IMPROVEMENT as more fully described in the CWA. The CWA may be found on the City's website
at: http://www.santa-ana.org/pwa/documents/CWA.pdf
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 (1001/0)
of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment
Bond). This Contract shall not become effective until such bonds are supplied to and approved by the
CITY.
8. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention
payment, furnish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond
shall also be required as a condition of project acceptance. For projects up to Five Hundred Thousand
Dollars ($500,000), the Warranty Bond amount shall be the greater of Ten Thousand Dollars ($10,000)
or Twenty Percent (20%) of the final contract price. For projects above Five Hundred Thousand
Dollars ($500,000), the Warranty Bond amount shall be the greater of One Hundred Thousand Dollars
($100,000) or Ten Percent (10%) of the fmal contract price.
9. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and
Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY.
10. INDEMNIFICATION.
To the fullest extent allowed by law, CONTRACTOR and its Subcontractors hereby agree to defend,
indemnify, and hold harmless CITY, its City Council, boards and commissions, officers, agents,
employees, representatives and volunteers (hereinafter collectively referred to as "Indemnitees"),
through legal counsel acceptable to CITY, from and against any liability, claims, actions, costs,
damages or losses, including reasonable costs and attorney's fees, for injury, including death to any
person or damage to any property, arising directly or indirectly from, or in any manner relating to, any
of the following:
(i) Performance or nonperformance of the Work of Improvement by CONTRACTOR or its
Subcontractors of any lower tier;
(ii) Performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier,
of any of the obligations under the Contract Documents;
Page 2 of 3
(iii) The construction activities of CONTRACTOR or its Subcontractors of any lower tier, either
on the project site or on other properties;
(iv) The payment or nonpayment by CONTRACTOR of any of its Subcontractors of any lower
tier, for Work of Improvement performed on or off the project site; and
(v) Any personal injury, properly damage or economic loss to third persons related to and arising
from the performance or nonperformance by CONTRACTOR or its Subcontractors of any
lower tier, of the Work of Improvement.
(vi) The indemnity obligations of Subcontractors provided by this Section shall be included in all
subcontract documents issued by CONTRACTOR.
Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in
favor of CONTRACTOR against CITY or any other Indemnitee.
IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and
year first above written.
A T 0T .
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
JOSE MONTOYA
Assistant City Attorney
h9D[KILVAIuIMki111aUIXQ.y\99KSIVIR0
NATIL SABA, PE
Executive Director
Public Works Agency
CITY OF SANTA ANA
Tom Hatch ^
Interim City Manager
CONTRACTOR:
Harpy & Harper, Inc.
Vice
Y
Page 3 of 3
EXHIBITA
CITY OF SANTA ANA
PROPOSAL
PROJECT NO.: 23-6034
TRAFFIC CALMING IMPROVEMENTS PHASE I
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
Remove and Construct PCC
630
SF
$
$
Sidewalk (T-4")
25. o0
15," 750
2
Construct PCC Curb Ramp
525
SF
$
$
tIp.DD
Zl,trali
3
Remove Piro Hydrant Assembly
3
EA
$
$
12,ODO.cD
ao'o d
4
Potholing (As -Needed)*
6
EA
$
$
$CO • oo
4 , %co
5
Vertical Offset (As -Needed)*
3
EA
$
$
5, 5co . oo
10,500
6
Construct New Fire Hydrant
3
EA
$
$
Assembly
2.5aD0o.co
'75,0o0
7
Install Raised Crosswalk at Adams
1
LS
$
-
$-St and Artesia St
101000. oo
IU, 000
8
Install Raised Crosswalk at Adams
I
LS
$
$
St and Spruce St
I p, 000. oo
10,000
9
Install Speed Cushions at
I
LS
$
$
Grovemont St Between Tustin Ave
1r� p0O , DD
15, p00
and Deodar St
10
Install Speed Cushions at Cypress
I
LS
$
$
Ave Between Edinger Ave and St
25, OOo 00
2-5, 000
Andrew PI
1 I
Install Speed Cushions at Myrtle St
I
LS
$
$
Between Rain St and Bristol St
20,000. uD
20, 000
12
Signing and Striping
I
LS
$
$
2(o2,q50.oD
2.w,450.
13
Furnish & Install Complete
1
LS
$
$
Functioning Carmanah RRFB
System per Plan at the Intersection
z0, 000,. pp
20, Opp
of Civic Center Dr and French St
P-I ofP-16
EXHIBIT A
CITY OF SANTA ANA
PROPOSAL
PROJECT NO.: 23-6034
TRAFFIC CALMING IMPROVEMENTS PHASE I
Item
Description
Qty
Unit
Unit Price
Amount
14
Project Advertisement Sign
1
EA
$
3,tXlo. oo
$
2�,00p
15
As -Built Plans
1
LS
$5,000
$
5,Oo0
16
Construction Permit(s)
1
LS
$6,500
$ fa 500
TOTAL BASE BID — BID ITEMS 1-16 is 540, Oo0
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 " 25a/d' 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 LIOUIDATED DAMAGES
The undersigned bidder hereby proposes to complete the Work for the total base bid amount
shown above, within Eighty (80) 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 $3,600 per calendar day.
Name of Firm
Signature of BIDDER
Title Michael Murray,Vice President'
(If an individual, so state. If a firm or co -pa ip, state the firm name and give the names of
all individual co-partners composing the firrK If a corporation, state legal name of corporation,
and names of President, Secretary, Treasurer and Manager, thereof.)
P-2 of P-16
Mai, Danny
From: City of Santa Ana <certificate-request@ctraxjdidata.com>
Sent: Monday, November 6, 2023 9:05 AM
To: Mai, Danny; Reyes, Erendida; Ortiz, Michael; Le, Ngoc Long Do
Subject: Internal Notice of Compliance
NOTICE OF COMPLIANCE
CITY STAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL
Contractor Hardy & Harper, Inc.
Name:
Project 23-6034
Number:
Project Traffic Calming Improvements Phase I
Name:
The Certificate of Insurance (COI) submitted indicates that the coverages are in compliance with the
insurance requirements. No further action is required at this time.
The compliant coverage(s) are:
TYPE OF INSURANCE POLICY NUMBER EXPIRATION COI DATE FILE NAME
DATE
2023-2024
Certificate of
AUTOMOBILE LIABILITY CAP3726117 04/15/2024 09/28/2023 Insurance -
Hardy & Harper,
Inc. - City of
Santa Ana.pdf
2023-2024
Certificate of
GENERAL LIABILITY CLP3726116 04/15/2024 09/28/2023 Insurance -
Hardy & Harper,
Inc. - City of
Santa Ana.pdf
RMD
Professional
PROFESSIONAL LIABILITY WAIVER 09/09/9999 02/24/2023 Liability Waiver -
Hardy & Harper
21-6907.pdf
TYPE OF INSURANCE POLICY NUMBER
WORKERS COMPENSATION AND EMPLOYERS'
LIABILITY
Thank you,
City of Santa Ana
Risk Management Division
in partnership with
CTrax Plus Services Team
11/6/2023 12:04 PM
WC3726115
2
EXPIRATION COI DATE
DATE
04/15/2024
09/28/2023
FILE NAME
2023-2024
Certificate of
Insurance -
Hardy & Harper,
Inc. - City of
Santa Ana.pdf
CITY OF SANTA ANA
PUBLIC WORKS AGENCY
CONTRACT CHANGE ORDER
Project Number Project No. 23-6034 Traffic Calming Improvements Phase 1 Change Order Number
To Hardy & Harper, Inc Contractor
You are hereby directed to make the herein changes from the plans and specifications or do the following described work not included in the plans and
specifications on this contract.
NOTE: THIS CHANGE ORDER IS NOT EFFECTIVE UNTIL APPROVED BY THE CITY COUNCIL OR CITY MANAGER.
Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time.
Change requested by PUBLIC WORKS AGENCY
EXTRA WORK AT AGREED PRICE
1. To compensate the contractor for additional work to hand dig around a slurry encased high pressure gas
main not shown on the plans per PCO#01 dated December 11, 2023.
Agreed Price = $3,085.04
2. To compensate the contractor for costs associated with cold milling 1.5 inches, asphalt for curb ramp
transitions, and opening curb ramps to pedestrians on Walnut St. from Bristol St. to Raiff St. and the NW
corner of Myrtle St. and Raitt St. per PCO#02 dated December 13, 2023.
Agreed Price = $10,376.44
3. To compensate the contractor for costs associated with stand-by time due to city delay to shut off water
valves per PCO#04 dated February 27, 2024.
Agreed Price = $3,542.42
TOTAL AGREED PRICE = $17,003.90
Page 1 of 2
ATTE
CITY OF SANTA ANA
PUBLIC WORKS AGENCY
CONTRACT CHANGE ORDER
Project Number Project No. 23-6034 Traffic Calming Improvements Phase 1 Change Order Number 1
To Hardy & Harper, Inc. Contractor
You are hereby directed to make the herein changes from the plans and specifications or do the following described work not included in the plans and
specifications on this contract.
NOTE: THIS CHANGE ORDER IS NOT EFFECTIVE UNTIL APPROVED BY THE CITY COUNCIL OR CITY MANAGER,
Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time.
Change requested by PUBLIC WORKS AGENCY
The compensation both time and cost set forth in this change order comprises the total compensation
due the Contractor, all Subcontractors, and all Suppliers for all work performed per this change order,
including impact on unchanged work. By signing this change order, the Contractor acknowledges and
agrees on behalf of himself, all Subcontractors, and all Suppliers, that the stipulated compensation
includes payment for all work contained in this change order, plus all payment for interruption of
schedules, extended field overhead, home office overhead, profit, delay, and all impact, ripple effect or
cumulative impact on all other work under this Contract. The signing of this change order constitutes full
mutual accord and satisfaction for all changes and work performed on this project, and that the time and
cost paid per this change order constitutes the total equitable adjustments owed the Contractor, all
Subcontractors, and all Suppliers for all work performed on this project. The Contractor on behalf of
himself, all Subcontractors, and all Suppliers agrees to waive all rights, without exception or reservation
of any whatsoever to file any further claim related to this project.
TOTAL COST THIS CHANGE ORDER: DECREASE $ INCREASE $ $17,003.90
By reason of this order the CONTRACT TIME completion will be adjusted as follows: Thirteen (13) Working Days
We the undersigned contractor have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide
all equipment, furnish all materials, except as may otherwise be noted above, and perform all service necessary for the work above specified, and will accept
as full payment therefor the prices shown above,
Accepted, Date 03/01/2024 Contractor Hardy & Harper, Inc.
OgiYIIYLgnM4/MRM[dAU
NmM1PPIEPYIL4�NPfl0YPNUMAMERw.muIkMAYA,ApHPPOYPHOHPPP[XSCM.o115
0, M96W W W'
By Title
Marie Ayala 1 ProjectManager
'I
Approval recommended by -i h Dale 3 r 71 z
PUBLIC WORKS AGENCYE'XEECUQTIVE DIRECTOR
Approved by �Fl✓ 1 • f� Date y
FT: CITYMA GER
Page 2 of 2
Jennifer .
Ity Clerk v