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Item 11 - Civic Center Drive Rehabilitation from Shelton Street to Flower Street
Public Works Agency www.santa-ana.org/pw Item # 11 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report March 18, 2025 TOPIC: Civic Center Drive Rehabilitation from Shelton Street to Flower Street AGENDA TITLE Construction Contract with Hardy & Harper, Inc. for the Rehabilitation of Civic Center Drive from Shelton Street to Flower Street Project (Project No. 25-6711) (General Fund) RECOMMENDED ACTION 1. Approve an amendment to the Fiscal Year 2024-2025 Capital Improvement Program to include $500,000 in Civic Center Maintenance funds for the Civic Center Rehabilitation from Shelton Street to Flower Street Project, Project No. 25-6711. 2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,144,000, which includes $915,000 for the construction contract, $137,000 for contract administration, inspection, and testing, and a $92,000 project contingency for unanticipated or unforeseen work due to the complexity and extensive scope of this project. 3. Award a construction contract to Hardy & Harper, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $915,000, subject to change orders, for construction of the Civic Center Rehabilitation (Shelton Street to Flower St.) Project (No. 25-6711), for a term beginning March 18, 2025 and authorize the City Manager to execute the contract. 4. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER-2024-114 was filled for Project No. 25-6711. GOVERNMENT CODE 484308 APPLIES: No DISCUSSION The Public Works Agency (PWA) Engineering Services is responsible for the administration and oversight of all Capital Improvement Projects in the City. The Civic Center Drive Rehabilitation Project (Project) will consist of the reconstruction and resurfacing of existing pavement and the replacement and installation of missing or Civic Center Rehabilitation from Shelton Street to Flower Street March 18, 2025 Page 2 damaged curbs, gutters, sidewalks, and wheelchair ramps along Civic Center Drive between Shelton Street and Flower Street (Exhibit 1). The pavement in this segment of roadway is deteriorating due to weather, age, and heavy usage, both eastbound and westbound, and has been identified as a high priority project by the City's Pavement Management System. Some of the adjacent curbs, gutters, driveway approaches, curb ramps, and sidewalks are also in various states of disrepair and require replacement. Civic Center Drive from Fairview to Bristol has recently been repaved. Additionally Civic Center Drive from Minter Street to Santiago Street improvements are currently in design and the balance of Civic Center Drive is in good condition and no other projects are planned for Civic Center Drive. Once completed, these improvements will enhance the ride quality and visual appearance of the street. A copy of construction plans, contracts, specifications, and all related reference materials, such as The Greenbook, are available for public review at the City's Public Works Agency, Central Files office located in City Hall. Public Outreach and Contractor Participation To provide an opportunity for local vendors to submit bids, the City notified a total of 64 regional vendors via PlanetBids, many of which are Santa Ana based. Furthermore, staff specifically reached out to Santa Ana vendors to encourage their participation in bids. A total of eight bids were received. As legally required, a Notice Inviting Bids was advertised in the Orange County Register newspaper on January 15, 2025. The project was also advertised in PlanetBids from January 15, 2025 to January 30, 2025. Bids were received electronically via PlanetBids on January 30, 2025. No bid protest was submitted by any of the bidders during the bid protest period. Bid Results Summary RANK BIDDER'S NAME LOCATION BASE BID 1 Hardy & Harper Lake Forest, CA $915,000 2 All American Asphalt Corona, CA $919,884 3 R.J. Noble Company Orange, CA $1,024,291 4 Vido Samarzich, Inc. Rancho Cucamonga, CA $1,076,769 5 Excel Paving Co. Long Beach, CA $1,098,754 6 Onyx Paving Company, Inc. Anaheim, CA $1,222,000 7 SULLY -MILLER Brea, CA $1,249,994 8 U.S. Builders & Consultants Irvine, CA $1,488,700 A total of eight bids were received and all were deemed responsive. Hardy & Harper, Inc. submitted the lowest responsive base bid in the amount of $915,000 (Exhibit 2). As Civic Center Rehabilitation from Shelton Street to Flower Street March 18, 2025 Page 3 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. (Exhibit 3). Hardy & Harper, Inc. has previously performed work as a prime contractor in the City of Santa Ana within the last five years, most recently completing the Alton Avenue Rehabilitation Project. The contractor satisfactorily completed these projects and staff recommends awarding the construction contract to Hardy & Harper, Inc. for the construction of the project. Project Delivery To deliver a complete project, in addition to the construction contract, the estimated total project delivery cost includes a budget allocation for construction administration, inspection, and testing. Construction administration and inspection may be performed by either Staff or consultants and includes construction management, inspection of the Contractor's work to ensure contract compliance, workmanship and quality, materials testing, and implementation of the labor requirements. Any of the allocated construction administration funds not spent are considered project savings and are returned to the respective fund balance upon close out of the project. As indicated in the Cost Analysis and as summarized in the table below, the estimated total construction delivery cost of the project is $1,144,000. Project Item Total Construction Contract $915,000 Contract Administration 73,067 Inspection 45,667 Testing 18,266 Contingencies 92,000 TOTAL ESTIMATED CONSTRUCTION DELIVERY COST $1,144,000 Project Schedule and Contract Time The completion date is May 2026, barring unforeseeable conditions such as rain, natural disasters, or other delays beyond the control of the City and of the Contractor. The contract time for this project is 45 working days, as specified in the bid documents. Working days are counted in accordance with the City's Standard Specifications, which exclude weekends, City -observed holidays, and inclement weather days that prevent work. The projected project schedule is provided below. Civic Center Rehabilitation from Shelton Street to Flower Street March 18, 2025 Page 4 Project Milestones 7— Milestone Estimated � Completion Date Notes Administrative Startup March 2025 Contract execution, bonds, insurance Material Procurement N/A Procurement may take place concurrently with construction. Contractor Mobilization April 2025 Start of construction activities Project Completion I June 2025 1 Based on 45 working days Project Phasing The contractor will be constructing this project in a singular phase, fulfilling the scope of work as outlined in the contract documents. The contractor is responsible for determining the scheduling and sequencing of activities based on their proposed means and methods. Public Outreach As part of standard community outreach practices, prior to start of construction, Staff contact the Washington Square and Flower Park neighborhood associations and Heroes Elementary School to distribute construction update materials. The contractor is also required to issue construction notices to adjacent residents and businesses at least two weeks before construction begins. Additionally, the contractor is required to install signage at the project site indicating project details and contact information. ENVIRONMENTAL IMPACT Pursuant to the California Environmental Quality Act (CEQA), the recommended actions are exempt from further review pursuant to Section 15301(c) of the CEQA Guidelines for projects consisting of existing streets, sidewalks, gutters, bicycle trails, and similar facilities. The proposed project continues to meet these parameters of the CEQA Guidelines and Categorical Exemption Environmental Review No. ER-2024-114 was filed for Project 25-6711 (Exhibit 4). FISCAL IMPACT As indicated in the Cost Analysis, the estimated total construction delivery cost of the project is $1,144,000. All funds are available for expenditure in Fiscal Year 2024-25 (Exhibit 5). Any unspent budget in FY 2024-25 will be included in future -year carryforwards for City Council Consideration. The proposed contract authorizes staff a maximum of 10% in contingencies for construction contract change orders. Should additional contingency is necessary due to unforeseeable conditions, staff will return to City Council for authorization and appropriation. Civic Center Rehabilitation from Shelton Street to Flower Street March 18, 2025 Page 5 Accounting Fiscal Unit — Fund Accounting Unit, Amount Year Account No. Description Account Description Pro'ect No. CURRENT BUDGET 01117660- Public Works — Road 2024-25 66220 General Fund Maintenance, $644,000 (25-6711) Improvements Other Than Buildings 07417655- Civic Center 2024-25 66220 Civic Center Maintenance, $500,000 (25-6711) Maintenance Improvements Other Than Buildings TOTAL $1,144,000 EXHIBIT(S) 1. Location Map 2. Bid Proposal 3. Construction Contract 4. Environmental Determination 5. Capital Improvement Program Worksheet Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Alvaro Nunez, City Manager 1S 7 1S NN is 6CAmn-W 1S Nawe Mao r ti < Z � N P Z Q � v v U 0 °' 'o a NQLI=JM as as L cn L d O O 4.0 ++ CD 4.0 cn rm cn O L. c s m L "W A., v U EXHIBIT 2 CITY OF SANTA ANA COMMUNITY WORKFORCE AGREEMENT COMPUTANCE REQUIRED CONTRACT DOCUMENTS FOR PROJECT NO.25-67'11 CIVIC CENTER REHABILITATION SHELTON TO FLOWER PREPARED UNDER THE SUPERVISION OF: A. * RCE No.88138 ** EX P. 3131/2`7/ r , Cry tL _ Digjwhy signed ay Nex A. 9angean Date: 2075.01.09 t a.34:Ob -08'00' Alex A. Bangeon Date 20 CIVIC CENTER PLAZA CITY HALL - ROSS ANNEX SANTA ANA, CA 92701 SANTA ANA r MA M1 An Pw /""'t M=W=AGM Prospective bidders may obtain Bid Documents, Project Specifications and Plans via PtanetBids: https:/ www plar►etbld&eomltlD i. 7 D= 137 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 25-6711 CIVIC CENTER REHABILITATION BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: Hardy & Harper, Inc. REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the following schedule: Item Description Qty Unit Unit Price Amount 1 Unclassified Excavation* 1,120 CY $ 1 �L S. 0 0 $ f q0) 060.06 2 Construct 3-Day Cure PCC with Dowels 10 CY $) 0 0. 00 I $ 1 1) oaa .oa 3 Asphalt Concrete (AC) Pavement* 1,260 TN $ I �S.00 $ 2u,50o•oe 4 Asphalt Rubber Hot Mix (ARHM) 1,130 TN $ 15o•cc $ Ib9,Soo.00 5 Cold Mill (2") 57,200 SF $ 0 • h O $ 3 4, 3 9.0.00 6 Class II Base* 300 TN $ 7S.0O $ 1a)506.00 7 PCC Sidewalk (T=4") 2,000 SF $ 12.00 $ ;4,000.00 8 Colored PCC Sidewalk (T=4") 2,600 SF $ l y• o0 $ 36,400.00 9 PCC Curb Ramp 200 SF $ 3o.co $ L,000.00 10 PCC Curb and Gutter (Type A-2-8)* 400 LF $ 1a•oo $ K000. 00 1 I PCC Cross -Gutter (Local Street) 200 SF $ 3 a.00 $ l,,000.00 12 Root Shave 18 EA $ $ S00 •Op %000.00 13 Topsoil Backfill 20 CY $ 200.00 $ 4,000•ao 14 Furnish and Install New Water Valve Frame Cover 20 EA $ )j AOD . 013 $ 24,000.00 and P-1 of P-19 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 25-6711 CIVIC CENTER REHABILITATION Item Description Qty Unit Unit Price Amount 15 Adjust Sewer and Drainage Manhole to Finished Grade 28 EA %o0.00 3J� ir00. 0o 16 Furnish and Install New #6 Pull Box 5 EA $ 1, 000 •00 5,666. 00 17 Adjust Survey Monument to Finished Grade 1 EA $ 1 ) 560 -0 0 $'� SOO. 0o 18 Furnish and Install Traffic Loops Type F 9 EA Sao• 00 �560.00 19 Furnish and Install Traffic Loops Type E 21 EA *!Soo . oo * 16, 500 .00 20 Furnish and Install Traffic Loops Type Q 3 EA $ Soo • oo 4 6500 .aa 21 Project Advertisement Sign 1 EA �3,000.00 3,aco•06 22 Signing and Striping 1 LS $)13, 080.00 $113108a.00 23 Construction Permit 1 LS $7,100 $7,100 P-2 of P-19 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 25-6711 CIVIC CENTER REHABILITATION TOTAL BASE BID $ 915, 00 0.O 0 The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add -alternate bid items (if any). * The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the "25%" limit as stated in Section 7-3.5 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. t This bid item is considered a Specialty Item per Section 3-2 of the Standard Specifications. TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within number (45) working days after the commencement date stated in the Notice to Proceed. The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $4,000 per calendar day. Name of Firm Hardy & Harper, Inc. Signature of BIDDER Title Michael Amundson. Vice President (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) P-3 of P-19 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 25-6711 CIVIC CENTER REHABILITATION 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 Firm Hardy & Harper. Inc. Signature of BIDDER Title Michael Amundson. Vice President (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) P-4 of P-19 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 25-6711 CIVIC CENTER REHABILITATION 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: mamundson&hardyandharpgr.com Telephone 714-444-1815 State Contractor's License No. and Class: 215952 A, C-8 & C 12 License Expiration Date: 12/31/2025 State Dept. of Industrial Relations (DIR) Registration No.: 1000000076 State Dept. of Industrial Relations (DIR) Registration Expiration Date: Signed: Title: Michael Amundson, Vice President 6/30/2025 P-5 of P-19 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 25-6711 CIVIC CENTER REHABILITATION 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 14nniv k TNarnar Tnr. Signature of BIDDER l// Title Michael Amundsoi (if an individual, so state) P-6 of P-19 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 25-6711 CIVIC CENTtR REHABILITATION OWNERSHIP AFFIDAVIT STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS: CITY OF SANTA ANA ) Michael Arn"ncicnn , being duly sworn, deposes and says: ❑ INDIVIDUAL That he/she is the party making the foregoing proposal: PARTNERSHIP That he/she is a member of the co -partnership firm designated as: and who has been and is duly vested with the authority to make and execute instruments for the copartnership by: who constitute the other a webers of the co -partnership. CORPORATION That he is of: a corporation which is making the foregoing proposal: ❑ JO VENTURE Hardy & Harper Inc. 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 proposed contract, for himself or any other person. Signature of Bidder Michael Amundson, Vice President Su cdbtld4ad.sworn to before me this day of 20 _ Attached Signature of officer Administering Oath (Notary P-7 of P-19 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 Orenae MORGAN E. CHURNOCK Notary Publk - Cau0mia Orange County Eam+nlsston A 23T7551 ' L*�--- C"M t:xplres oct 5, 2025 Subscribed and sworn to (or affirmed) before me on this 23 day of January 20 25 . by Date Month Year ut = s� •�iC • • (and (2) ), Name(s) of Signer(s) proved to me on the basis of satisfactory evidence to be the person(x) who apppargd before me. Sig Notary Seal 1 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 town 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,NationalNotuy.org • 1-800-US NOTARY (1-800-876-6827) ltem #5910 CITY OF SANTA ANA Bond No. CSBA-29561 PROPOSAL PROJECT NO.: 25-6711 CIVIC CENTER REHABILITATION A: 1 OWGI r 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 the Amount Bid Dollars ($10% j, 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 ,January 20 25 . BIDDER* SURETY* 777 South Figueroa Street, Suite 3900 Fidelity and Deposit Company of Maryland Los Angeles, CA 90017, (213) 270-0600 Dwight Reilly, Attomey-in-Fact 1411 N. Batavia St., Suite 201. Orange, CA 92867. (714) 516-1232 Subscribed and sworn to before me this day of 2Q.— gnaipre: Notary Public in and for the County of , State of * Provide BIDDER/ SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. P-8 of P-19 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(sj, not .Notary) x� Signature of Document Signer No. 1 Signature of Document Signer No. 2 (if any) A notary public or other officer completing this certificate verities only the Identity of the Individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange WAGAN E. ClIURNOCK Notary PubtiC • California oranee county Cotnmisalon 0 2377551 fAy Como. t xpkn Oct. 5, 2025 Seal Place Notary Seat Above Subscribed and sworn to (or affirmed) before me on this 23 day of Janua , 20_ 25 .. by Date Month Year (1) Michael Amundson (and Name(s) of Signer(s) proved to me on the basis of satisfactory evidence 'OPTIONAL Though thls 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 Then Named Above: 02014 National Notary Association • www,NationaiNotary.org • 1.800-US NOTARY (1-800-876-6827) Item #5g10 ... .......... I... ... .... 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 01/21/2025 before me, Adrian Benkert-Langrell, 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/shetthey executed the same in his/her/their authorized capacity(ies), and that by his/herttheir 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 AQRM 9EINVJW4JIJM I COW 024=49 w Not" PWbCaf no ORANGE COUNN *Comm. MWl, M6 {Seal} Bond No. CSBA-29561 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 []Iinois (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 WOLFE, Chelsea LIBERATORS, Ben STONG, Michael D. STONG, R. NAPPI, Adrian LANGRELL of Orange, California, its true and lawful agent and Attorney -in -Fact, to matte, 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 7th day of September, A.D. 2023. 0 �ih3e$a 441 C,Q p �„ g 51=AL l StJ1L tiFAl 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 7th day of September, A.D. 2023, 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 swom, deposeth and saith, that helshe 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. Genevieve M. Maison ��� OE%MEVE M. MAISON ice+: WFARYlWMIe � /,�1+.��T� BALTIMORE COLWY, LID �i '�h"+F""',�`••;• JkC6TAW*wEqmJflJ4UARV2I.2a25 Authenticity of this bond can be confirmed at bondvalidator zurichna.corn or 410-559-8790 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attomevs-in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attomey-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE 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 1 do fiallter 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 l 5th day of December I998. 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 Sth day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the loth 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,1 have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 21st day of January , 2025 , �,,,,N111111„, 'y¢,IfYlenlq �, ¢�"p¢►pWR11y��N, ?�0 �'4. $rio O ys p�V y g' r�4OR��' s (jSEALs'SEAL SEAT -too e 6 H�•Irlel pf"��a, '�q�lt�H ����� �4�Is�11"1��"iN���. Thomas O. McClellan 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 rSpW fclaimsQzurichna.com 800-626-4577 Authenticity of this bond can be confirmed at bondvalidatoraurichna.com or 410-559-8790 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 25-6711 CIVIC CENTER REHABILITATION 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: ''/z% 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 Case Lind Su-" License #/Exp. L 54 I I - DIR Reg. #/Exp. 10000 01533 Location Oran�g!!-j CA Phone —11 %4 I-'X 2 - 89 4 8 Type Of Work SV-r,, W Amount $ 4 9 000 Name SUJ?W 0r P0.\14XAtA+ ftlpfk-(:O License #/Exp. -1.1 le 3o1, DIR Reg. #/Exp. 106600 1416 License # -1-) 63o6 Location CuQres r, c.A Phone Type Of Work Amount $ qol 000 Name S-yA ►4-J\sorl E l e.c4r c License #/Exp. 614 512 1 3 f III e DIR Reg. #/Exp. 1 a o 0 0011,10 License # 614512 Location r7ranae... cft Phone Type Of Work Loops Amount $ A I l,, 000 Signatur f Bidder Michael Amundson, Vice President Name PQVC 4- ec c. in License #/Exp. 51o93 DIR Reg. #/Exp. 100000 331,3 Location -I-urUpa �1a11w Phone 9 51 i us A- 10 A I Type Of Work Col � rN1 � 11 Amount $ 't I ► 3-1 000 Namey -1, E -Trty Strdi e_L License #/Exp. 654 5 ou / a f 3ol za0-A1. DIR Reg. #/Exp. 10 o 0 o o 19 S L. License # 1.5,4506 Location d rQ,nT, cR Phone bA1 Q °1q1 -o-lo3 Type Of Work ¢.o e-1' s \n dv e- Amount $ 4-1, 000 Name License #/Exp. DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $ P-9 of P-19 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 25-6711 CHIC CENTER REHABILITATION 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 Proiect References Name and Address of owner. Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed Date Completed 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 The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. Please see attached Bond & Insurance Companies P-10 of P-19 Hardv & Harner. Inc. Past Proiect References OWNERIAGENCY CONTACT PROJECT NAME, AMOUNT, & COMPLETION DATE City of Cathedral City Armando Baldizzone Panorama Neighborhood Pavement Reconstruction 68-700 Avenida Lalo Guerrero (760) 770-0340 Contract Amount: $636,000.00 Cathedral City, CA 92234 abaldizzoneAcathedralcity.gov Completion Date: July 2024 City of Ontario Yesenia Lopez 2024 Spring Pavement Rehabilitation Project 303 East'B" Street (909) 395-2103 Contract Amount: $2,041,000.00 Ontario, CA 91764 ylopez@ontarioca.gov Com letion Date: June 2024 City of Los Alamitos Chris Kelley Bloomfield Street Improvement Project 3191 Katella Avenue (562) 431-3538 Contract Amount: $207,000.00 Los Alamitos, CA 90720 ckelle cif oflosalamitos.or Completion Date: April 2024 City of Rancho Santa Margarita Tri Nguyen Fy 23-24 Annual Residential Overlay 22112 El Paseo (949) 635-1813 Contract Amount: $829,425.00 Rancho Santa Margarita, CA 92688 tnguyengcityofrsm.org Completion Date: March 2024 City of Vernon Lissette Melendez Gifford Ave, 48th, 49th & 50th Street Improvements 4305 Santa Fe Avenue (323) 583-8811 Contract Amount: $792,000.00 Vernon, CA 90058 Imelende cif ofvemon.or Completion Date: March 2024 City of Signal Hill Davina Buenavista Palm Drive Pavement Rehabilitation Project 2175 Cherry Avenue (310) 766-6985 Contract Amount: $774,000.00 Signal Hill, CA 90755 dbuenavista koaco .com Completion Date: October 2023 City of Manhattan Beach Gilbert Ramos Cycle 2 Street Resurfacing Project 14000 Highland Avenue (310) 802-5353 Contract Amount: $3,110,000.00 Manhattan Beach, CA 90266 ramos anhattanbeach. ov Completion Date: September 2023 San Bernardino County Larry White Rain Shadow Road and Other Roads 825 East 3rd Street (909) 663-7599 Contract Amount: $830,000.00 San Bernardino, CA 92415 (white d w.sbcoun ov Completion Date: September 2023 City of El Segundo Floriza Rivera FY 23/24 Pavement Rehabilitation Project 350 Main Street (310) $24-2361 Contract Amount: $1,635,000.00 E1 Segundo, CA 90245 frivera else undo.or Com letion Date: July 2023 City of La Canada Flintridge Nasser Shoushtarian 2023 Citywide Street Resurfacing Program 1 Civic Center Drive (818) 790-8882 Contract Amount: S1,060,000.00 La Canada F'lintrid e, CA 91011 nshoushtarianlcf.ca. ov Com letion Dat: June 2023 City of Palos Verdes Estates Monica Pango FY 21-22 Street Improvements 340 Palos Verdes Drive West (951) 475-3625 Contract Amount: S1,138,000,00 Palos Verdes Estates, CA 90274 Completion Date: May 2023 _mpango@,hrgreen.com City of Norwalk Delfmo Consunji Local Streets Rehabiliation CDBG FY 22-23 12700 Norwalk Blvd (714) 686-8911 Contract Amount: $956,000.00 Norwalk, CA 90650 donsun i oe-en .com Completion Date: April 2023 City of San Gabriel Alam Mai CDBG Street Improvements Project FY 22/23 425 S. Mission Drive (626) 308-2825 Contract Amount: S490,000.00 San Gabriel, CA 91776 amai s ch.or Com letion 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 rafacl.chavez@r.ityoffullerton.com Completion Date: February 2023 City of Moreno Valley Quang Nguyen Pavement Rehab. for Various Local Streets CDBG FY 21l22 14177 Frederick Street (951) 413-3159 Contract Amount: $2,444,260,00 Moreno Valley, CA 92552 uan n moval.or Completion Date: December 2022 City of Grand Terrace Kamran Dadbeh Pavement Rehab. On Barton Rd, Van Buren St & Vivienda Ave 22795 Barton Road (909) 824-6621 Contract Amount: $570,000.00 Grand Terrace, CA 92313 kdadbeh andterrace-ca. gov Completion Date: September 2022 City of Downey Desi Gutierrez Residential Street Pavement Rehabilitation Project, Area 1 11111 Brookshire Avenue (562) 904-7110 Contract Amount: $2,87 5,000. 00 Downey, CA 90241 d tierr dowse 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(dcityoforange.org Completion Date: June 2022 City of San Fernando Manuel Fabian Pico Street Improvement Project 117 Macneil Street (818) 898-1243 Contract Amount: $465,000.00 San Fernando, CA 91340 mfabian@sfcity,org Completion Date: May 2022 Hardv & Harner. Inc. Past Proiect References OWNER/AGENCY CONTACT PROJECT NAME, AMOUNT, & COMPLETION DATE City of Downey Desi Gutierrez Residential Street Pavement Rehabilitation Project, Area 10 11111 Brookshire Avenue (562) 904-7110 Contract Amount: $2,355,000,00 Downey, CA 90241 d utierr downe ca.or Com letion Date: April 2022 City of Jurupa 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 Valle . CA 92509 dflores iuru avalle .or Completion Date: April 2022 City of Anaheim Lorenzo Rea Residential Street Improvement Project - Lotus & Torry, Group 13 200 S. Anaheim Blvd (714) 765-6893 Contract Amount: $5,806,000.00 Anaheim, CA 92805 Ire anaheim.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 rivco.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 ](661) chassel@chinohills.org Completion Date: December 2021 Los Angeles County Peter Sanque Pavement Reconstruction (Sustainable) North LA County 900 S. Fremont Avenue 947-7173 Contract Amount:$1,873,929,57 Alhambra, CA 91803 psanque(a,)pw.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 Corn letion Date: November 2021 -.jthaipejr@lomalinda-ca.gov City of Norco Sam Nelson Sixth Street Widening 2870 Clark Avenue (951) 270-5607 Contract Amount: $785,000.00 Norco, CA 92860 snelson ci.norco.ca.us Completion Date: September 2021 City of Irwindale Luis Pimentel 2020-2021 Resurfacing Project 5050 N. Irwindale Avenue (626) 430-2259 Contract Amount: $544,311.93 Irwindale, CA 91706 1 imentel 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 man interwest .com Completion Date: May 2021 City of Colton Jess Sotto FY 20-21 Asphalt Paving Project 650 N. La Cadena Drive (909) 370-5551 Contract Amount: $2,695,493.64 Colton, CA 92324 'sotto@coltonca.gov Completion Date: May 2021 City of Burbank Adam Salehi 2020 Street Improvement Project 301 E. Olive Avenue (818) 238-3946 Contract Amount: $1,253,099.98 Burbank, CA 91502 asalehi burbankca. ov Completion Date: April 2021 City of Oxnard Renee Hatcher Thin Maintenance Overlay Project Phase II (Rebid 2) 300 West Third Street (805) 385-8280 Contract Amount: $6,550,000.00 Oxnard, CA 93030 renee.hatcher@oxnarea.org 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 i)urchasinjzdivision(&,moval.o!g Completion Date: November 2020 City of Cypress Alex Bangean Arterial Rehabilitation Project 230 5275 Orange Avenue (714) 229-6740 Contract Amount: $1,042,000.00 CVDrCSS. CA 90630 abangean(ebeypressca.org Completion Date: Au ust 2020 City of Banning Art Vela Street Rehabilitation at Various Locations 99 East Ramsey Street (951) 922-3130 Contract Amount: $1,451,000.00 Banning, CA 92220 avela bannin ca. ov Completion 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 CA 91764 urchasin ontarioca. ov Completion Date: October 2019 rOnlarnio, of Pasadena Tony An Preventative Maintenance Services N. Garfield Avenue (626)744-7403 Contract Amount: $2,424,216.00 adena, CA 91101 tan9cityofpasadena.net Completion Date: April 2019 ardy & Harper, Inc. STATE LIC. Number 21SD52 Bonds & Insurance Companies Surety: Fidelity & Deposit Company of Maryland 777 S. Figueroa Street Los Angeles, CA 90017 (213) 270-0600 Agent: Commercial Surety Bond Agency 1411 N. Batavia Street, 4201 Orange, CA 92867 (714) 516-1232 Insurance: Burnham WGB Insurance Solutions 15901 Red Hill Avenue Tustin, CA 92780 (714) 505-7000 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 25-6711 CIVIC CENTER REHABILITATION 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 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 Proiect References Name and Address of owner. Name and Telephone Number of person familiar with project. Date Completed Contract Amount Type of Work Date Completed 3. _Please see attached Past Proiect References Name and Address of owner. Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed P-11 of P-19 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 25-6711 CIVIC CENTER REHABILITATION 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 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 malting il false certification may subject the certifier to criminal prosecution. Signed Michae Mundsc f California County oil Subscribed and sworn to who appeared before me Vice President before me on this day of , 20_, by on the basis of satisfactory evidence to be the person(s) Notary Public Signature Notary Public Seal P-12 ofP-19 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) x x x0- Signature of Document Signer No. 1 Signature of Document Signer No. 2 (if any) A notary public or other officer completing this certificate verifies only the Identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange � rAH MORGAN E.CHURNOCK Notary Public - Ca[ifomia 'Y Orange County CummisMon 0 2377551 MY Comm. Expires Oct 5, 2025 Subscribed and sworn to (or affirmed) before me on this 23 day of January . 20 25 . by Date Month Year (1) Michael Amundson � T (and (2) ), Name(s) of Signer(s) proved to me on the basis of satisfactory evidence to be the persons) who appeared before me. f Signature na re of o Public Seal Place Notary Sea/ Above OFWONAL 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: Signers) Other Than blamed 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.: 25-6711 CIVIC CENTER REHABILITATION NON-DISCRIMINATION CERTIFICATE The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: 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-13 of P-19 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 25-6711 CIVIC CENTER REHABILITATION 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 of the Chapter. Signed: Title: Michael Amundson. Vice President Firm: Hardy & Harper, Inc. Date: January 20. 2025 P-14 of P-19 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 25-6711 CIVIC CENTER REHABILITATION 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: 1. Apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. 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 California Apprenticeship Council. Signed: Title: Michael Amundson, Vice President Firm: Hardy & Harper, Inc. Date: January 20, 2025 P-15 of P-19 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 25-6711 CIVIC CENTER REHABILITATION 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 entitled. Signed: Title: Michael Amundson, Vice President Firm: Hardy & Harper, Inc. Date: January 20, 2025 P-16 of P-19 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 25-6711 CIVIC CENTER REHABILITATION FLEET COMPLIANCE CERTIFICATION Bidder hereby acknowledges that they have reviewed the California Air Resources Board's policies, rules and regulations and are familiar with the requirements of Title 13, California Code of Regulations, Division 3, Chapter 9, effective on January 1, 2024 (the "Regulation"). Bidder hereby certifies, subject to penalty for perjury, that the option checked below relating to the Bidder's fleet, and/or that of their subcontractor(s) ("Fleet") is true and correct: The Fleet is subject to the requirements of the Regulation. and the appropriate Certificate(s) of Reported Compliance have been attached hereto. The Fleet is exempt from the Regulation under section 2449. 1 (f)(2), and a signed description of the subject vehicles, and reasoning for exemption has been attached hereto. Bidder and/or their subcontractor is unable to procure R99 or R100 renewable diesel fuel as defined in the Regulation pursuant to section 2449.1(f)(3). Bidder shall keep detailed records describing the normal refueling methods, their attempts to procure renewable diesel fuel and proof that shows they were not able to procure renewable diesel (i.e. third party correspondence or vendor bids). The Fleet is exempt from the requirements of the Regulation pursuant to section 2449(i)(4) because this Project has been deemed an Emergency, as defined under section 2449(c)(18). Bidder shall only operate the exempted vehicles in the emergency situation and records of the exempted vehicles must be maintained, pursuant to section 2449(i)(4). The Fleet does not fall under the Regulation or are otherwise exempted and a detailed reasoning is attached hereto. Name of Bidder: Hardy & Harper, Inc. Signature: Name: Michael Amundson Title: Vice President Date: January 20, 2025 P-17 of P-19 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 25-6711 CHIC CENTER REHABILITATION PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE In conformance with Public Contract Code Section 10162, the BIDDER shall complete, under penalty of perjury, the following questionnaire: Has the BIDDER, any officer of the BIDDER, or any employee of the BIDDER who has a proprietary interest in the BIDDER, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local 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-18 of P-19 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 25-6711 CIVIC CENTER REHABILITATION STATEMENT REGARDING COMMUNITY WORKFORCE AGREEMENT (CWA) REQUIREMENTS This is to certify that the undersigned BIDDER, and subcontractors, have read and understood the CWA entered into by and between the City of Santa Ana, the Los Angeles/Orange Counties Building and Construction Trades Council, and the signatory Craft Councils and Local Unions, effective as of June 6, 2023. The undersigned BIDDER hereby agrees to comply with all terms and conditions of the CWA, and is capable of completing construction of the project continuously, and without interruptions or delays. If awarded any work covered by the CWA, BIDDER will also be required to sign the Letter of Assent that appears as Attachment A to the CWA. The undersigned BIDDER has reviewed the Public Works Construction Permit and required deposit described in Section 2-2a and the Notice of Inviting Bids. Signed: Title: Michael Amundson, Vice President Firm: Hardy & Harper, Inc. Date: January 20, 2025 P-19 of P-19 muiinuriminu unun�mwiuiinuiun�i�i iiii STATE OF CALIFORNIA Office of the Secretary of State • STATEMENT OF INFORMATION CORPORATION California Secretary of State 1500 11th Street Sacramento, California 95814 (916)657-5448 Entity Details Corporation Name HARDY & HARPER, INC. Entity No. 0443071 Formed In CALIFORNIA Street Address of Principal Office of Corporation Principal Address 32 RANCHO CIRCLE LAKE FOREST, CA 92630 Mailing Address of Corporation Mailing Address 32 RANCHO CIRCLE LAKE FOREST, CA 92630 Attention Street Address of California Office of Corporation Street Address of California Office 32 RANCHO CIRCLE LAKE FOREST, CA 92630 Officers For Office Use Only -FILED - File No.: BA20241230236 Date Filed: 7/1/2024 Officer Name Officer Address Position(s) Kristen S. Paulino 32 RANCHO CIRCLE Secretary, Chief Financial Officer Lake Forest, CA 92630 DANIEL THOMAS MAAS 32 RANCHO CIRCLE Chief Executive Officer LAKE FOREST, CA 92630 Additional Officers Officer Name Officer Address Position Stated Position Michael A Amundson 32 RANCHO CIRCLE LAKE FOREST, CA 92630 Vice President Directors Director Name Director Address Tessa Irene Maas 32 Rancho Circle Lake Forest, CA 92630 0 Daniel Thomas Maas 32 RANCHO CIRCLE LAKE FOREST, CA 92630 0 Kristen S Paulino 32 RANCHO CIRCLE LAKE FOREST, CA 92630 The number of vacancies on Board of Directors is: 0 Agent for Service of Process Agent Name Agent Address KRISTEN S. PAULINO 32 RANCHO CIRCLE LAKE FOREST, CA 92630 Type of Business Type of Business ASPHALT PAVING CONTRACTOR N ao m i N W co r 0 0 N N O N N O m (D 0 ro N- ro PZ tr' n f) F- F' - rn 0 n hN- N co (D C] n ro rt fv 0 rr, to rr 0) rr (D Page 1 of 2 Email No0cations Opt -in Email Notifications Yes, I opt -in to receive entity notifications via email. Labor Judgment No Officer or Director of this Corporation has an outstanding final judgment issued by the Division of Labor Standards Enforcement or a court of law, for which no appeal therefrom is pending, for the violation of any wage order or provision of the Labor Code. Electronic Signature ® By signing, I affirm that the information herein is true and correct and that I am authorized by California law to sign. Kristen S. Paufino Signature 0710112024 Date Page 2 of 2 CONTCTORS C�Ca STATE L CENSE BOARD40 i l ACTIVE LICENSE k �..,....215952 F CORP . .... HARDY & HARPER INC � .�A C-8 C92 12/31 /2025 cslb.ca.00v www _ 5128/24, 9:15 AM Registrations Contractor Information Legal Entity Name HARDY & HARPER, INC. Legal Entity Type Corporation Status Active Registration Number 1000000076 Registration effective date 07/01/24 Registration expiration date 06/30/25 Mailing Address 32 Rancho Circle Lake Forest 92630 CA United State... Physical Address 32 Rancho Circle Lake Forest 92630 CA United State... Email Address cicamen@hardyandharper.com Trade Name/DBA License Number (s) CSLB:215952 CS1.8:215952 Legal Entity Information Corporation Entity Number: President Name: Vice President Name: Treasurer Name: Secretary Name: i CEO Name: Ag2w- for Service: Agent of Service Name: Agent of Service Mailing Address: 4stration 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 07/01/23 06/30/24 07/01/24 06/30/25 C0443071 Daniel Maas Commercial Surety Bond Agency 1411 N. Batavia Street, #201 Orange 92867 CA United States of America ......... ......... .... ..... .. .... Worker's Compensation 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 Carver: Policy Number: Inception date: Expiration Date: No Hardy & Harper, Inc. BITCO General insurance Corporation CAP3742814 04/15/24 04/15/25 https:llcadir.my.salesforce-sites.comIContractorSearchlregistrationSearchDetails?idma1 R8y000001vmkbEAA 111 F:�a,q-� "�•`ar•11lltt"•-. - ��ir' !i!;-la ® •w•� A�t•r a; ..pri`1¢IIlAf18*1d •�� �` yllA!!1� !ds•r�tt jtilAAlit 1�� I�r ..4 Iralgt +1daa" a9tt! d1•`�--r•tlPlllll•^. ! •^. a {tIR4la • • tills a';- i ,. �,.r i � � tit91ailA1l0 j0(3$j0l11'rld�d ,'� °� stl',tA44ig4#!� ljl1lp/� d+v`s s atti il4yliAil gjj � t� o. is tt � Ay q 1 b1 a1 �� .� tt ltl{`4 jq fl j al r. r r 4t lil j !rl ia• er :: j `� /, s �!1 �..r , �\ �� ¢ �1y�✓yw. ����,, �l � ,1�11 �i�11� r �, .. `!��11�� ��lly f �..a i 1 ":�.—fir•, r � _ A •S: 1 � - •.��d ".�9d �� �S= 1v1 r: di�!} j jjaa 1`1{ t Ito rs�/+f °f��J J{ 1e 8 �Ifl��1�4��1 t. Ik8 i f���&�l���11 1 t�I I d l�l������3 tt a�5> ! 4.°°y r° �'ai3p i�i � 1t'r11 r'/ 1.f ��S t t � r��j° Ep�Ig1 � �i� 1i1ef 6 �.��5i�j e; � F��d ii��� t t�� ifd �d�fi��l���� 1 t� - ° •d ':aataersalil4i�e1�'++' �It�•'I eid�dd111i11tlllliati`r 17� `:apda';'l�iiAA[bllltiva .e4e��i1AAlAA``14tta;' �:r�!`1111A1LAp41{Sten' ? '� S;" ..___°•�41.8EE!`l aa.. 44111lilt n4111ahis: fa• _`•: NalMAP 'ttl,�.r: r•.«�Sasvti ar���ri ell I 0 e,�4..�•�.�.f?f A11!!tl�,���„�,,,,,, EXHIBIT 3 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT 25-6711 CIVIC CENTER REHABILITATION (SHELTON TO FLOWER ST.) This CONSTRUCTION CONTRACT is made and entered into this 181h day of March, 2025 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 Civic Center Rehabilitation (Shelton to Flower St.) Project (hereinafter referred to as the "WORK OF IMPROVEMENT") identified in and in accordance with the Contract Documents prepared by the City's Public Works Agency and approved by the City Council. 2. The complete Construction Contract consists of the "Contract Documents" as defined by the Standard Specifications for Public Works Construction and which include the following: • Notice Inviting Bids • Information to Bidders • Bid Proposal • Bid Bond • Contract Form • Contract Bonds • General Provisions • Special Provisions • Technical Provisions and Project Plans • Community Workforce Agreement • Appendices In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Construction. 3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the WORK OF IMPROVEMENT the sum total amount not to exceed Nine Hundred Fifteen Thousand Dollars and No Cents ($915,000), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A". The BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable. Page 1 of 3 4. CONTRACTOR agrees to complete the WORK OF IMPROVEMENT within the time specified in the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit "A") including commencing construction within the timeframe therein specified after issuance of a Notice to Proceed. 5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the WORK OF IMPROVEMENT a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law. 6. if applicable, the CONTRACTOR shall adhere to the CITY'S Community Workforce Agreement (CWA), a pre -hire collective bargaining agreement, which establishes the labor relations policies and procedures for CONTRACTOR to follow in the crafts persons employed to complete the WORK OF IMPROVEMENT as more fully described in the CWA. The CWA may be found on the City's website at: CWA City of Santa Ana 12-20-2023 CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY, one in the amount of One Hundred Percent (100%) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100%) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY. 8. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond shall also be required as a condition of project acceptance. For projects up to Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of Ten Thousand Dollars ($10,000) or Twenty Percent (20%) of the final contract price. For projects above Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of One Hundred Thousand Dollars ($100,000) or Ten Percent (10%) of the final contract price. 9. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY. 10. INDEMNIFICATION. To the fullest extent allowed by law, CONTRACTOR and its Subcontractors hereby agree to defend, indemnify, and hold harmless CITY, its City Council, boards and commissions, officers, agents, employees, representatives and volunteers (hereinafter collectively referred to as "Indemnitees"), through legal counsel acceptable to CITY, from and against any liability, claims, actions, costs, damages or losses, including reasonable costs and attorney's fees, for injury, including death to any person or damage to any property, arising directly or indirectly from, or in any manner relating to, any of the following: (i) Performance or nonperformance of the Work of Improvement by CONTRACTOR or its Subcontractors of any lower tier; (ii) Performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of any of the obligations under the Contract Documents; Page 2 of 3 (iii) The construction activities of CONTRACTOR or its Subcontractors of any lower tier, either on the project site or on other properties; (iv) The payment or nonpayment by CONTRACTOR of any of its Subcontractors of any lower tier, for Work of Improvement performed on or off the project site; and (v) Any personal injury, property damage or economic loss to third persons related to and arising from the performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of the Work of Improvement. (vi) The indemnity obligations of Subcontractors provided by this Section shall be included in all subcontract documents issued by CONTRACTOR. Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in favor of CONTRACTOR against CITY or any other Indemnitee. IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: JENNIFER L. HALL City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: A /'/AV''L Nellesen Assistant City Attorney RECOMMENDED FOR APPROVAL: Digitally signed by Nabil N d b 1 Ilala r\^ ✓ a b a Date: 2025.03.03 08:10:54 -08'00' NABIL SABA, PE Executive Director Public Works Agency CITY OF SANTA ANA ALVARO NU&EZ City Manager CONTRACTOR: Hardy & Harper, Inc. G NAME: Michael Amundson TITLE: Vice President Page 3 of 3 CALIFORNIA•. .. •. 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 On February 26 2025 before me, Morgan E. Churnock, Notary Public Date Here Insert Name and Title of the Officer personally appeared Michael Amundson Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(x) whose name(ls is/aye subscribed to the within instrument and acknowledged to me that he/sKe/they executed the same in his/her/their authorized capacity(48), and that by his/hoer/their signature(8) on the instrument the person(*, or the entity upon behalf of which the person(s) acted, executed the instrument. MORGAN E. CHURNOCK j a, z ss Notary Public California orange County Commission H 7377551 My Comm. Expires Oct 5, 2025 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 Sig Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Michael Amundson ❑ Corporate Officer — Title(s): vine 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: 02014 National Notary Association - www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 EXHIBIT A CITY OF SANTA ANA PROPOSAL PROJECT NO.: 25-6711 CIVIC CENTER REHABILITATION BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: Hardy & Harper Inc REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the following schedule: Item Description Qty Unit Unit Price Amount 1 Unclassified Excavation* 1,120 CY $ i 5, e 0 $ 4t 000`00 2 Construct 3-Day Cure PCC with Dowels 10 CY S 3 Asphalt Concrete (AC) Pavement* 1,260 TN $• o O S�,ADJSOO,OQ 4 Asphalt Rubber Hot Mix (ARHM) 1,130 TN $ 1 0 • d O $) 5 Cold Mill (21 57,200 SF $ D, L. 0 S 3 y J 3 ".00 6 Class II Base* 300 TN $ 15 , O 0 1,2) SDO.00 7 PCC Sidewalk (T=4") 2,000 SF $ ) -A , O 0 $24t 006• 00 8 Colored PCC Sidewalk (T=4") 2,600 SF S 1y•00 S 310�1 460. 00 9 PCC Curb Ramp 200 SF $ 10.,60 $ 000.00 10 PCC Curb and Gutter (Type A-2-8)* 400 LF $ 10.00 $ KObO. 00 11 PCC Cross -Gutter (Local Street) 200 SF $ 30•60 $fs,000-00 12 Root Shave 18 EA S SO O -Co q) 000.00 13 Topsoil Backfill 20 CY $ ?Oa.00 $ t; � 0130.00 14 Furnish and Install New Water Valve Frame and Cover 20 EA $ I, 100.00 $240oo0 • oO P-1 ofP-19 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 25-6711 CIVIC CENTER REHABILITATION Item Description Qty Unit Unit Price Amount 15 Adjust Sewer and Drainage Manhole to 28 EA i ;LD4.Oj OEi. 04 Finished Grade 16 Furnish and Install New #6 Pull Box 5 EA $ j, o00 , oo $ S, Ob4• ad 17 Adjust Survey Monument to Finished Grade 1 EA , 504 . o G I, Soa. as 18 Furnish and Install Traffic Loops Type F 9 EA 19 Furnish and Install Traffic Loops Type E 21 EA $Soo.00 �Io,Soa.00 20 Furnish and install Traffic Loops Type Q 3 EA 4 SDO. 00 1 J666 •54 21 Project Advertisement Sign I EA $3,600-60 #3,coo. oo 22 Signing and Striping 1 LS $}i3, 480.06 Pl31o$4.oa 23 Construction Permit 1 LS $7,100 $7,100 P-2 of P-19 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 25-6711 CIVIC CENTER REHABILITATION TOTAL BASE BID S 1 l 5, 00 0.0 0 The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add -alternate bid items (if any). * The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the "25°/d' limit as stated in Section 7-3.5 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. t This bid item is considered a Specialty Item per Section 3-2 of the Standard Specifications. TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within number (45) working days after the commencement date stated in the Notice to Proceed. The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $4,000 per calendar day. Name of Firm Hardy & Signature of BIDDER Title - Michael Amundson. Vice Pre�jdent (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) P-3 ofP-19 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 25-6711 CIVIC CENTER REHABILITATION IDDER'S STAIEMENT BIDDER understands and agrees that this Bid Proposal, Contract Documents and subsequent Construction Contract Agreement shall constitute the entire agreement between BIDDER and the AGENCY only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Public Works Agency Executive Director or his/her duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to BIDDER or deposited with the United States Postal Service properly addressed to the BIDDER with the correct postage affixed thereto. BIDDER further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish AGENCY all required bonds and certificate of liability insurance within ten (10) business days or the funds, check, draft, or BIDDERS bond substituted in lieu thereof accompanying this proposal shall become the property of the AGENCY and shall be considered as payment of damages due to the delay and other causes suffered by AGENCY because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered is difficult to ascertain; otherwise said funds, check, drafts, or BIDDER'S bond substituted in lieu thereof shall be returned to the undersigned. BIDDER understands that a bid is required for the entire work, the estimated quantities set forth in the bid schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. The BIDDER also certifies that the bid is a balanced bid. In accordance with Section 7028.15 of the California Business and Professions Code, the undersigned certifies under penalty of perjury that the foregoing is true and correct. Name of Firm Signature of BIDDER Title Michael Amundson, Vice PrS5ident (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-4 of P-19 THE FINAL PREMIUM IS PREDICATED ON THE FINAL CONTRACT AMOUNT CITY OF SANTA ANA APPENDIX C PROJECT NO.: 25-6711 CIVIC CENTER REHABILITATION PERFORMANCE BOND This bond was issued in two (2) original counterparts Bond No. 7673615 Premium: $4,426.00 WHEREAS, the City of Santa Ana (hereinafter referred to as the "City") has awarded to Hardy & Harmer Inc. _, (hereinafter referred to as the "Contractor") an agreement for Contract No. " (hereinafter referred to as the "Project"); "Project No.: 25-6711, Civic Center Rehabilitation WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated -.March: 18th, 2025 (hereinafter referred to as "Contract Documents"), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents. NOW, THEREFORE, we, the undersigned Contractor and Fidelity and Deposit Company of Ma land . as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of 7 ne Hundred Fifteen Thousand and oomoo Dollars, ($ 915,000.00 , said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one (1) year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officials, officers, employees, and authorized volunteers, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorney's fees, incurred by the City in enforcing such obligation. As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by the City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City's rights or the Contractor or Surety's obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure Section 337.15. CITY OF SANTA ANA APPENDIX C PROJECT NO.: 25-6711 CIVIC CENTER REHABILITATION Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City's option: Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or ii. Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. Permit the City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor. Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City's objection to Contractor's further participation in the completion of the Project. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] CITY OF SANTA ANA APPENDIX C PROJECT NO.: 25-6711 CIVIC CENTER REHABILITATION IN WITNESS WHEREOF, we have hereunto set our hands and seals this 26th day of February , 2025 . (Corporate Seal) (Corporate Seal) (Attach- Attorney -in -Fact Certificate) Hardy & Harper, Inc. Contractor/ Pr' ' 1 By �— Title Michael Amundson, Vice President Fidelity and Deposit Company of Maryland Surety By Attorney -in -Fact, Dwight Reilly Title Attorney -in -Fact The rate of premium on this bond is $6.60/$4.85/$4.40 per thousand. The total amount of premium charges is $ 4,426.00 (The above must be tilled in by corporate attorney.) THIS IS A REQUIRED FORM Any claims under this bond may be addressed to: (Name and Address of Surety) Fidelity and Deposit Company of Maryland 777 South Figueroa Street, Suite 3900 Los Angeles CA 90017 (Name and Address of Agent or Commercial Surety Bond Agency Representative for service of 1411 N. Batavia St., Suite 201 process in California, if different Orange CA 92867 from above) (Telephone number of Surety Surety: (213) 270-0600 / Agent: (714) 516-1232 and Agent or Representative for service of process in California) CITY OF SANTA ANA APPENDIX C PROJECT NO.: 25-6711 CIVIC CENTER REHABILITATION Notary Acknowledgment A notary public or other officer completing this certificate verifies only the Identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF Orange On February 27 2025 , before tne, Morgan E. Churnock , Notary Public, personally Da(e• Name And Title Of Officer (e.g. 'Jane Doe. Nolan- Public") appeared Michael Amundson , who proved to me on the basis of satisfactory Nunn(,) of Signcr(s) evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correc MORGAN E. CHURNOCK W Notary Public - California Z WITNESS m hand and official seal. Orange County >; y Commission 112377551My , wrim. Expires Oct 5, 2025 Place Noun Seal Abo,e Sig IUfe 'ultl I'U l OP ONAL Though the information beloir is not required by larv. it may prove valuable to persons relving on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ Individual ❑ Corporate Officer Title(s) Title or Type of Document ❑ Partner(s) ❑ Limited ❑ General Number of Pages ❑ Attorney -In -Fact ❑ Trustee(s) ❑ Guardian/Conservator Date of Document ❑ Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for Contractor/Principal. CITY OF SANTA ANA APPENDIX C PROJECT NO.: 25-6711 CIVIC CENTER REHABILITATION Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, ane not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF Orange On February 26th 2025 , before me, Melissa Ann Vaccaro , Notary Public, personally Date None .And Title Of Officer (e.g "lane Doe. Notary Public') appeared Dwight Reilly , who proved to me on the basis of satisfactory Names) of Signers) evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. MELI55A ANN VACCARO COMM. #2401942 N WITNESS my hand and official seal. _- Notary PubllcCalifornia a .p ORANGE COUNTY a My Comm. Expires May 12, 2026 Place Notary Seal Above Signature of Notary Public Melissa Ann Vaccaro OPTIONAL Though the information below is not required b), law, it may prove valuable to persons relying on the document and could prerent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ Individual ❑ Corporate Officer Title(s) ❑ Partner(s) g Attorney -In -Fact ❑ Trustee(s) ❑ Guardian/Conservator ❑ Other: Signer is representing: Name Of Person(s) Or Entity(ies) ❑ Limited ❑ General Fidelity and Deposit Company of Maryland Performance Bond Title or Type of Document Five (5) Number of Pages February 26th, 2025 Date of Document Signer(s) Other Than Named A NOTE: This acknowledgment is to be completed for the Attorney -in -Fact. The Power -of Attorney to local representatives of the bonding company must also be attached. END OF PERFORMANCE BOND Bond No. 7673615 ZURICH A.NIERICAN INSURANCE COMPANY COLONIAL A14tFRICAN 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 ofthe State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation ofthe State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation ofthe State of Illinois (herein collectively called the "Companies"), by Christopher Nolan, Vice President, in pursuance of authority granted by Article V, Section S. of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute_ and appoint Daniel HUCKABAY, Frank MORONES, Dwight REILLY, Arturo AYALA, Shaunna ROZELLE OSTROM, Benjamin WOLFE, Chelsea LIBERATORE, Ben STONG, Michael D. STONG, R. NAPPI, Adrian LANGRELL, Magdalena R. WOLFE of Orange, California, its true and lawful agent and 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 ifthey 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 notes and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 20th day of February, A.D. 202S. If__ SEAL fj ,. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Christopher Nolan Lice President By: Dawn E. Brown Secretary State of Maryland County of Baltimore On this 20 th day of February, A.D. 2025, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Christopher Nolan, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly swom, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Sea] the day and year first above written. Genevieve M. Malson Notary Public My Commission Expire January 27, 20A Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 EXTRACT FROM BY-LAWS OF THE COMPANIES ".Article V, Section 8, Attorneys -in -Fact. The Chief Executive Officer, the President. or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, 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 1, the undersigned, Vice President ofthe 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 Attomey 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 I Oth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President. Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 26th day of February 2025 �,N+,iu,x.x• k,x.. yb. ,c'C' aPc`n tgyOq� s_FPPj..z. D Rr�gLu rod» a0 ma: s � SEAL $� � sEai s S 4�) c ff S a, -4A� Pd _, Mary lean 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 reportsfelaimsazurich na.cont 800-626-4577 Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 THE FINAL PREMIUM IS This bond was issued in two (2) PREDICATED ON THE CITY OF SANTA ANA original counterparts FINAL CONTRACT AMOUNT BONDS Band No. 7673615 PROJECT NO.: 25-6711 CIVIC CENTER REHABILITATION PAYMENT BOND (LABOR AND MATERIALS). WHEREAS, the City of Santa Ana (hereinafter designated as the "City"), has awarded to Hardy'& Harper_ Inca - (hereinafter designated as the "Principal") an agreement for Contract No. *' (hereinafter referred to as the "Project"); "Project No.: 25-6711, Civic Center Rehabilitation WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated March 18ti , 2026 , (hereinafter referred to as "Contract Documents"), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth. NOW THEREFORE, we, the Principal and i=ideiityand Deposit compar;yofMaryhnd , as Surety, are held and firmly bound unto the City in the penal sum of ** Dollars ($915.000.00 lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. **Nine Hundred Fifteen Thousand and 001100 THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Civil Code section 9100, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Revenue and Taxation Code Section 18663, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by the City in such suit, including reasonable attorneys' fees, court costs, expert witness fees and investigation expenses. This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so as to give a right of action to such persons or their assigns in any suit brought upon this bond. It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants 1 of 5 CITY OF SANTA ANA BONDS PROJECT NO.: 25-671 1 CIVIC CENTER REHABILITATION otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or the City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Civil Code Section 9100, and has not been paid the full amount of his claim. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract to be performed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of Contract, including but not limited to, the provisions of Sections 2819 and 2845 of the California Civil Code. IN WITNESS WHEREOF, we have hereunto set our hands and seals this 26th day of February , 2025. (Corporate Seal) (Corporate Seal) Hardy & Harper, Inc. Contractor/ Princ' By, Title Michael Amundson, Vice President Fidelity and Deposit Company of Maryland Surety By Attorney -in -Fact, Dwight Reilly (Attach Attorney -in-Fact Certificate) Title Attorney -in -Fact 2of5 CITY OF SANTA ANA BONDS PROJECT NO.: 25-6711 CIVIC CENTER REHABILITATION Notary Acknowledgment A notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF Orange On February 27 20 25, before me, Morgan E. Churnock , Notary Public, personally Date Name And Title orOfficer (e g. -Jane Doe. Nutan Public") appeared Michael Amundson , who proved to me on the basis of satisfactory Names) of-Signer(s) evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is trite and correct. MORGAN E. CHURNOCK Notary Public - California WITNESS my hand and offic- 1 seal. Orange County Commission 11 2377551 My Comm. Expires Oct 5, 2025 Place Nolan Seal Above 8igna re of N ary P tc OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudtdent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ Individual ❑ Corporate Officer ❑ Partner(s) ❑ Limited ❑ General ❑ Attorney -In -Fact ❑ Trustee(s) ❑ Guardian/Conservator ❑ Other: Signer is representing: Nance Of Person(s) Or Entity(ies) Title or Type of Document Number of Pages Date of Document Signer(s) Other Than Named Above NOTE: This acknowledgment is to be completed for Contractor/Principal. 3 of 5 CITY OF SANTA ANA BONDS PROJECT NO.: 25-6711 CIVIC CENTER REHABILITATION Notary Acknowledgment A notary public or other officer completing this certificate verities only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF Orange On February 26th 2025 , before me, Melissa Ann Vaccaro , Notary Public, personally Date Natne And Title Of Ofrtcer (e.e, "Jane Doe. NotaryPublic) appeared Dwight Reilly , who proved to me on the basis of satisfactory Natne(s)ofS%b r(s) evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. MELISSA ANN VACCARO COMM. #2401942 H WITNESS my hand and official seal. Notary Public California a > ORANGE COUNTY LL My Comm. Expires May 12.2026 'M� cCcO�J Place Notary Seal Above Signature of Notary Public Melissa Ann Vaccaro OPTIONAL Though the information below is not required by 1mv. it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT n Individual Corporate Officer Title(s) Partner(s) X Attorney -In -Fact Trustee(s) Guardian/Conservator Other: Signer is representing: Name OfPerson(s) Or Entity(ies) Limited General Fidelity and Deposit Company of Maryland Payment Bond (Labor and Materials) Title or Type of Document Four(4) NOTE: This acknowledgment is to be completed for the Attorney -in -Fact. The Power -of -Attorney to local representatives of the bonding company must also be attached. END OF PAYMENT BOND 4of5 Bond No. 7673615 ZURICH 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 ofthe State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation ofthe State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation ofthe State of Illinois (herein collectively called the "Companies"), by Christopher Nolan, Vice President, in pursuance of authority granted by Article V, Section S. of the By -Laws of said Companies, which arc set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Daniel HUCKABAY, Frank MORONES, Dwight REILLY, Arturo AYALA, Shaunna ROZELLE OSTROM, Benjamin WOLFE, Chelsea LIBERATORE, Ben STONG, Michael D. STONG, R. NAPPI, Adrian LANGRELL, Magdalena R. WOLFE of Orange, California, its true and lawful agent and Attorney -in -Pact, 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 ofthe COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers ofthe FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland-, in their own proper persons Thesaid Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 20th day of February, A.D. 2025. f� 3 C� ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONML AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Christopher Nolan Vice President By: Dawn E. Brown Secretary State of Maryland County of Baltimore On this 20 th day of February, A.D. 2025, before the subscriber, a Notary Public ofthe State of Maryland, duly commissioned and qualified, Christopher Nolan, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by the duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction ofthe said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. ......... GenWeve M. Maison Notary Public My Commission Expre January 27, 2029 Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attornevs-in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate sea], appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney -in -fact to affix the corporate 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 1 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 1 Oth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 26th day of February 2025 Al �''x a3p9 vogYrs?x,' ¢v8EAL oqw ¢: SEAT = ' 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 reportsfclai m sn zuriclt na.com 800-626-4577 Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 EXHIBIT 4 ORANGE COUNTY CLERK -RECORDER C5QA FILING COVER SHEET Recorded in Official Records, Orange County Hu h! N uII en, Clerk -Recorder I � llI�1Il III I�IIf�I III�II�IIfilII�llllll II�II ���lilll �� NO FEE *$ R 0 0 5 3 0 6 8 3 3$ 20248500110210:30 am 12/19/24 428 Vitindx Z01 0.00 60.00 0.00 0.00 0.00 0.00 0.00 0.00 :30 — t 2.. 11 q/ .20�2 4— l 95 THIS SPACE FOR CLERK'S USE ONLY Complete and attach this form to each CEQA Notice filed with the County Clerk -Recorder TYPE OR. PRINT CLEARLY Prolect Title CIVIC CENTER REHABILITATION SHELTON TO FLOWER Check Document belna Filed: 0 Environmental Impact Report (EIR) OMitigated Negative Declaration (MND) or Negative Declaration (ND) Notice of Exemption (NOE) 0 Other (Please fill In type: FILED DEC 19 2024 HUGH NNGUYEN, CLERK -RECORDER By. t1" 4 DEPUTY FILED IN THE OFFICE OF THE ORANGE COUNTY CLERK -RECORDER ON Decembei19,204 Posted for 30 days DEPUTY MELISSA GOMEZ Filing fees are due at the time a Notice of Determination/Exemption Is filed with our oflice,For more information on fi[Ing fees and No Effect Determinations, plesse refer to California Code of Regulations, Title 14, section 783.5. MAYOR Valerie Amezoua MAYOR PRO TEM Thai Viet Phan COUNCILMEMBERS Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Perialoza Benjamin Vazquez PUBLIC WORKS AGENCY 20 Civic Center Plaza (M-36) P.O. BOX 1988 . Santa Ana, California 92702 (714) 647-5890 • Fax (714) 647-5823 www.sonta-ano.org CITY MANAGER Alvaro Nufiez CITY ATTORNEY Sonla R. Carvalho CLERK OF THE COUNCIL Jennifer L. Hall NOTICE OF EXEMPTION From the Requirements of the California Environmental Quality Act (CEQA) Fee Exemption per California Government Code Section 6103 To* COUNTY CLERK From: City of Santa Ana County of Orange Public Works Agency P.O. Box 238 20 Civic Center Plaza (M-36) Santa Ana, CA 92702 Santa Ana, CA 92702 P'rojectTitle: Civic Center Rehabilitation Shelton to Flower Project Number(s): 25-6711 Project Location: Civic Center Rehabilitation from Shelton to Flower in the City of Santa Ana City: Santa Ana County: Orange ER Dumber: ER-2024-114 Date of Approval: 07/16/2024 Project Description: Reconstructionfresurfacing of asphalt concrete pavement. Portland cement concrete pavement, curb & gutter, cross gutter, and curb ramp repairs. Traffic improvements include traffic loops and striping. Applicant Name: City of Santa Ana, Public Works Agency Applicant Address: 20 CIvic Center Plaza M-36 Santa Ana, CA 92702 Name of Public Agency Approving Project: City Council Name of Agency Carrying Out Project: Public Works Agency Exempt Status: ❑ Mlnlsterial (Sec. 15268) ❑ Declared Emergency (Sec. 15269 (a)) ❑ Emergency Project (Sec. 15269 (b through e)) ❑ General Rule (Sec. 15061(b)(3)1(5)) ❑ Statutory Exemption: m Categorical Exemption: 15301(c) Reason(s) Why Project Is Exempt From CEQA: 16301(c) consists of existing streets, sidewalks, gutters, bicycle trials, and similar facilities. City Contact: Alexandru Bengean Title: Senior Civil Engineer Signature:__ SANTA ANA CITY COUNCIL FILED DEC 19 2024 HUGH NGIUYEN, CLERK•RECQRBER BY. I C-:g' DEPUTY Telephone: j(714) 647-5665 sidewalk, Valerie Amezeua Thai Met Phan Jessie Lopez BodamIn Vazquez Phil Bacerra Johnathort Ryan Hernandez David Penaloza Mayor Mayor Pro Tern, ward 1 Ward 3 Ward 2 Ward A Ward 5 Ward 5 vamez u a- a n �hanl�santaana.ora lessletooez eante One vru bvazauez(Msanla-sna.om pbacerna0sama ana.ora an a dez Santa-ana.o doecaioza(dlsante-ona.om State of California - Department of Fish and Wildlife 2024 ENVIRONMENTAL DOCUMENT FILING FEE CASH RECEIPT DFW 753.5n (REV. 01/01123) Previously DFG 753.5e t�lnt 5tartaver "Save RECEIPT NUMBER: 30 -- 12/19/2024 -- 1085 STATE CLEARINGHOUSE NUMBER (if applicable) SEE IKSTRUCTIONS ON REVERSE. TYPE ORPRINTCLEARLY. LEADAGENCY LEADAGENCY EMAIL DATE CITY OF SANTA ANA 12/19/2024 COUNTYISTATEAGENCY OF FILING DOCUMENT NUMBER Orange 202485001102 PROJECT TITLE CIVIC CENTER REHABILITATION SHELTON TO FLOWER PROJECT APP LICANT NAME PROJECT APPLICANT EMAIL CITY OF SANTA ANA, PUBLIC WORKS AGENCY PROJECT APPLICANT ADDRESS CITY 20 CIVIC CENTER PLAZA M-36 SANTA ANA PROJECT APPLICANT (Check appropriate box) © Local Public Agency ❑ School District [ Other Special District CHECK APPLICABLE FEES: ❑ Environmental impact Report (EIR) ❑ MitigatedlNegaUve Declaration (MND)(ND) ❑ Certified Regulatory Program (CRP) document - payment due directly to CDFW El Exempt from fee 21 Notice of Exemption (attach) ❑ CDFW No Effect Determination (attach) ❑ Fee previously paid (attach previously issued cash receipt copy) PHONE NUMBER (714 ) 647-5665 STATE ZIP CODE CA 92702 ❑ State Agency Q Private Entity $4,051.25 $ 0.00 $2,916.76 $ O.OD $1,377.25 $ 0.00 ❑ Water Right Appllcation or Petltion Fee (State Water Resources Control Board only) $850.00 $ 0.00 ❑ County documentary handling fee $ ❑ Other $ PAYMENT METHOD. ❑ Cash ❑ Credit ❑ Check ❑ Other TOTAL RECEIVED $ 0.00 SIGNATURE AGENCY OF FILING PRINTED NAME AND TITLE X %/�,MELISSA GOMEZ, DEPUTY ORIGINAL -PROJECT APPLICANT COPY -COMABB COPY-LEADAGENCY COPY -COUNTY CLERK DPWM.5atROV,01Io11=3) LO F- 2 k W F- LU w _ m Ub q� %L) >.w LL �0. «a LU \w boc IL U� k IL « Q f /4a &/}f »kt( 2§am &±ate t>f\ {//)y wets/ \&/\a \/G&% f§±§\ [2m�a ±/\\/ �\)\\ # R, Lu\�&E# 2 e$ R \f Q{[£!ƒ LU O%22t; �/t222 awoa&\ / Co � \ R±\ �\ �§/ wk w2 w § Lu Q j 5 0.0 -3 .@ 0% / kk ao� am< /z \ . CD, n n \ \ , . � � , . , . i i LL LL LL LL to co LL LL © © § 8� @ 8 2 C C 4 C C � 3 & 04 a (D L co� LL / 00 0 0 R R U) 2 R 0LLk O 2 ® w # \ E ) / 0 \ IL m &