HomeMy WebLinkAboutHARDY & HARPER, INC. (CIVIC CENTER REHABILITATION (SHELTON TO FLOWER ST.))INSURANCE ON FILE
WORK MAY PROCEED
UNTIL I SUR NCE EXPIRES
,l 1 R Z CITY OF 5ANTA ANA
CITY CLERK
DATE: CONSTRUCTION CONTRACT AGREEMENT
PROJECT 25-6711
CIVIC CENTER REHABILITATION (SHELTON TO FLOWER ST.)
o• of �P110 1 This CONSTRUCTION CONTRACT is made and entered into this 18'h day of March, 2025 by and
�11 ��i Np1��2 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.
MAR 2 6 20?kcreinafter "CONTRACTOR").
WITNESSETH:
The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows:
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
7. CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY,
one in the amount of One Hundred Percent (100%) of the Contract price, to guarantee the faithful
performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100%)
of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment
Bond). This Contract shall not become effective until such bonds are supplied to and approved by the
CITY.
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:
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
Bt
Y:
W17 Nellesen
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
C
Saba
Digitally signed by Nabil
N�+a ba Date:ate: 2025.03.03 08:10:54
-08'00'
NABIL SABA, PE
Executive Director
Public Works Agency
CITY OF SANTA ANA
ALVARO NUNEZ
City Manager
CONTRACTOR:
Hardy & Harper, Inc.
NAME: Michael Amundson
TITLE: Vice President
Page 3 of 3
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California 1
County of Orange )
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(o whose name(isj is/axe
subscribed to the within instrument and acknowledged to me that he/sKe/they executed the same in
his/her/their authorized capacity(i(M), and that by his/h:ar/their signature(g) on the instrument the person(sr),
or the entity upon behalf of which the person(s) acted, executed the instrument.
.�MORGAN E CHURNOCK
Notary Pibtic Caiii'ornia z
Orange County
C:omm+sxirm N Z377551
<,',,,, My
C(rmm, Cxp)res Oct 5, 2425
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
Si
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
0 Corporate Officer — Title(s): \r,-o prP.sirtent
❑ Partner — O Limited ❑ General
Individual ❑ Attorney in Fact
I ' Trustee ❑ Guardian or Conservator
i_1 Other:
Signer Is Representing:
Hardy & Harper Inc
Signer's Name:
❑ Corporate Officer — Title(s):
0 Partner — ❑ Limited ❑ General
El Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
n nthar-
Signer Is Representing:
02014 National Notary Association • www.NationalNotary.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
I
Unclassified Excavation*
1,120
CY
S 4.5. 6 0
$ � g61060.06
2
Construct 3-Day Cure PCC with Dowels
10
CY
S t j 100. 04
S)1)066.06
3
Asphalt Concrete (AC) Pavement*
1,260
TN
$ 1-7 S. O O
$1,1O.,S00.66
4
Asphalt Rubber Hot Mix (ARHM)
1,130
TN
$ 16o. o G
$) K 56 0.00
5
Cold Mill (2")
57,200
SF
$ 0 , 1.0
$ 3 y, 3 -00
6
Class 11 Base*
300
TN
$ -7 5.08
$'21, 500. 00
7
PCC Sidewalk (T=4")
2,000
SF
$ ) -A O O
SA4 ODD. 00
8
Colored PCC Sidewalk (T-4")
2,600
SF
S , 00
S 36" 4 D0 00
9
PCC Curb Ramp
200
SF
$
3o.aa
S V
100. 00o
10
PCC Curb and Gutter (Type A-2-8)•
400
LF
$ -7,0•00
� S�g om 00
1 I
PCC Cross -Gutter (Local Street)
200
SF
$
36•00
$
6,000.00
12
Root Shave
18
EA
S :66a-do
41)o00.00
13
Topsoil Backfill
20
CY
S ?DO.db
S
t1 � Ob0.00
14 1
Furnish and Install New Water Valve
Frame and Cover
20
EA
$
) A AO . C8
$
if 4., 400 ' 00
P-1 ofP-19
CITY OF SANTA ANA
PROPOSAL
PROJECT NO.. 25-67I I
CIVIC CENTER REHABILITATION
Item
Description
Qty
Unit
Unit Price
Amount
o
Adjust Sewer and Drainage Manhole to
Finished Grade
28
EA
d., i �,00.OD
d
3 j� a4. Da
1b
Furnish and Install New #6 Pul1 Box
E'4
$ y ,000.00
,�, �� 00A• 00
17
Gdet Survey Monument to Finished
rad
1
EA
15d 0 • a C
�� 500. DO
18
Furnish and Install Traffic Loops Type F
9
EA
SOO. 0O1
tJd4, a 4
19
Furnish and Install Traffic Loops Type E
21
EA
600 -00
jo, 504 .00
20
Furnish and Install Traffic Loops Type Q
3
EA
� Sao • oo
6566 •oo
21
Project Advertisement Sign
I
EA
¢3,taoa•ao
000.06
22
Signing and Striping
I
LS
23
Construction Permit
1
LS
$7,100
$7,100
P-2 of P- 19
CITY OF SANTA ANA
PROPOSAL
PROJECT NO.: 25-671 I
CIVIC CENTER REHABILITATION
TOTAL BASE BID s q 15, 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%" 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 & Harger, Inc.
Signature of BIDDER
Title bdicbael Amundson ice 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 ofP-19
CITY OF SANTA ANA
PROPOSAL
PROJECT NO.: 25-6711
CIVIC CENTER REHABILITATION
BIDD^ ER'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 Liardy & Harper. Inc.
Signature of BIDDER
Title Michael A
Ti an individual, so state. If a firm or eo-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.)
P4 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: $4,426.00
WHEREAS, the City of Santa Ana (hereinafter referred to as the "City") has awarded to
Hardv & Harder, Inc. (hereinafter referred to as the "Contractor") an agreement for
Contract No. " (hereinafter referred to as the "Project");
*Project No.: 25-6711, Civic Center Rehabilitation
WHEREAS, the work to be performed by the Contractor is more particularly set forth in the
Contract Documents for the Project dated Marx 18th,:2025 , (hereinafter referred to as
"Contract Documents"), the terms and conditions of which are expressly incorporated herein by
reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof
and to furnish a bond for the faithful performance of said Contract Documents.
NOW, THEREFORE, we, the undersigned Contractor and
Fidelity and Deposit Company of Maryland . as Surety, a corporation organized
and duly authorized to transact business under the laws of the State of California, are held and
firmly bound unto the City in the sum of W' *M* Hundred Fifteen Thousand and 001100 Dollars,
($ 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:
i. 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.
iii. 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.: 25-671 l
CIVIC CENTER REHABILITATION
IN WITNESS WHEREOF, we have hereunto set our hands and seals this 26th day of
February 2025 .
(Corporate Sea])
(Corporate Seal)
(Attach Attorney -in -Fact Certificate)
Hardy & Harper, Inc.
Contractor/ PrLRtmal
By
Title Michael Amundson Vice President
Fidelity and Deposit Company of Maryland
S urety
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
char(yes 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 FebruaoL27 2025 , before me, Morgan E. Churnock _, Notary Public, personally
Date Name And Title OrOn'icer (e g "Jane Doe, Nolan Public")
appeared Michael Amundson , who proved to me on the basis of satisfactory
Nwww or Signer(s)
evidence to be the persons) 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
i., PO RGAN C CHURNOCK
W )N faryPtn +� cdr,Iornia WITNESS my hand and official seal.
Otange County
Commis on # LCV5.20j
551
+,�,� Fkr ' otnm. Expires
Place Notan Seal Abute Sig ture a ota Pu
OP ONAL
Though the information below is not required by law, it may prove valuable to persons relying on the docitntent
and could prevent fraudtdent 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
❑ Attorney -In -Fact
❑ Trustee(s)
C7 Guardian/Conservator
❑ Other:
Signer is representing:
Name Of Persons) or Enutyties)
NOTE: This acknowledgment is to be completed fbr Contractor/Principal.
Number of Pages
of Document
Signer(s) Other Than Named Above
CITY OF SANTA ANA
APPENDIX C
PROJECT NO.: 25-671 l
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 26th2025 , before me. Melissa Ann Vaccaro Notary Public, personally
Date Name .And Title Of Officer (e.g. 'Jane Doe, Norary Pubbe')
appeared Dwight Reilly who proved to me on the basis of satisfactory
Na111d(S) orsigw4s)
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 hisilier/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 AN VACCARO K
COMM. #2401942 N WITNESS my hand and official seal.
y _=qY•I Notary Public -California LL '
n • .,i '` ) ORANGE COUNTY
„xs y COMM. Expires htay 12, 2026
Ptace Notary Seal Abow Signature of Notary Public Melissa Ann Vaccaro
OPTIONAL
Though the information below is not required fiv law, 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
Individual
Corporate Officer
Title(s) ^
Partner(s)
X Attorney -In -Fact
❑ Trustee(s)
Guard ian.?Conservator
Other:
Signer is representing:
Name Of Person(s) Or Entitynes)
rl Limited
n General
Fidelity and Deposit Company of Maryland
Performance Bond
Title or Type of Document
Number
February 26th, 2025
Date of Document
s)
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 AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY CONIPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois and the FIDELITY AND DEPOSIT COMPANY
OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Christopher Nolan, 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 HUCK ABAY, 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 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 20th day of February, A.D. 202S.
ISE
ATTEST:
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
By: Christopher Nolan
Dice 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 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 of the said Corporations.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Sea] the day and year first above NTitten.
M Yyf
+nr:, rz- •.','�� ,,;,i
Genevieve M. Maison
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, 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 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
1, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY
AND SURETY COMPANY., and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power
of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the
Companies is still in force.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998.
RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary
and the Seal of the Company may be affixed by facsimile on any Power of Attorney... Any such Power or any certificate thereof bearing such
facsimile signature and seal shall be valid and binding on the Company."
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors ofthe 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 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 .
ceavc�q cfQ<yoq���t 3FtF�oQeo�'�"05
05 pi ^� 6
�,,.—}/
W"S sr+ f
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-I056
repoitsfelaitossc@zurichna.com
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 originai counterparts
FINAL CONTRACT AMOUNT BONDS Bond 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
Haa;[y& Hamer. Inc. _ (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 Mardi 18th, 2025 , (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 Fidelity and Deposit company afmwyiana_, 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 00/100
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 l
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)
(Attach Attorney -in -Fact Certificate)
Hardy & Harper, Inc.
Contractor/ Princ' a C-.
By
Title Michael Amundson, Vice President
Fidelity and Deposit Company of Maryland
Surety
By
Y Attorney -in -Fact, Dwight Reilly
Title Attorney -in -Fact
2of5
CITY OF SANTA ANA
BONDS
PROJECT NO.: 25-6711
CIVIC CENTER REHABILITATION
Notary Acknowledgment
A notary viublic 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 Of Officer (e g. 'lane Dx. Notan Public")
appeared Michael Amundson , who proved to me on the basis of satisfactory
Name(s) 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 true and correct.=-_-
y s MORGAN E. CN! RNOCK
r 4 Notary Public - California WITNESS my hand and offie' I seal.
y a ) s Orange County
commission ti 2377551
Comm. Expires Oct 5, 2025
Place Notan Seal Above Siena/re oi' Nf5ry
OPTIONAL
Though the information below is not required by lacy, it pray prove valuable to persons relying on the doctunent
and could prevent fraudulent removal and reattachment of this form to another doclu»ent.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ Individual
❑ Corporate Officer
Titles) 'title or Type of Document
i Partner(s) ❑ Limited
General Number of Pages
Attorney -In -Fact
❑ Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Persons) Or Entimies)
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 Nana And Title Of Officer (e g. *Jane Doe. Norary Public")
appeared Dwight Reilly , who proved to me on the basis of satisfactory
Nails) 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.
MELISSA ANN VACCARO
COMM.i2401942 WITNESS my hand and official seal.
� r N
Notary Public -California tC
a ::a ORANGE COUNTY a
Comm.ExpiresMay
+ t
hty Ma P Y 12,2026
Place Votary Seal above Siznature of Notary Public Melissa Ann Vaccaro
OPTIONAL
Though the information below is not required by lair, 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
Individual
Corporate Officer
Title(s)
Partner(s) Limited
General
X Attorney -In -Fact
Trustee(s)
Guardian/Conservator
Other:
Signer is representing:
Name OfPerson(s) Or Entity(ics)
Fidelity and Deposit Company of Maryland
Bond (Labor and Material
Title or Type of Document
Four(4)
Number of Pales
*uary 26th, 2025
Date of Document
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 AIMERICANI INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY
OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Christopher Nolan, 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 LIBERATORE, Ben STONG, Michael D. STONG, R. NAPPI, Adrian
LANGRELL, Magdalena R. WOLFE of Orange, California, its true and lawful agent and Attomey-in-Fact, to make, execute, seal and deliver, for, and on
its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these
presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the
regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons.
The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of
said Companies, and is now in force.
IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH
AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT
COMPANY OF MARYLAND, this 20th day of February, A.D. 2025.
l,�r,J P�"41 {, 1.YV � n�F 9•j
1 jy t�5
"•«-; N'.' '�� ,..�.. ATTEST:
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
By: Christopher Nolan
Free 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 the 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 or the said Corporations.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written.
• - f MyIL- yT._
Genevieve M. Maison
Notary Public
W Commission Expire 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, Atoornevs-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 seat thereto; and may with or without cause modify of revoke any such appointment or authority at any time."
CERTIFICATE
1, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY
AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power
of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the
Companies is still in force.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998.
RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary
and the Seal of the Company may be affixed by facsimile: on any Power of Attorney ... Any such Power or any certificate thereof bearing such
facsimile signature and seal shall be valid and binding on the Company."
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May,
1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting
duly called and held on the IOth 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
QS'pR*Dy�b's2
uSEALm 1 �¢� cP3EALfi
SEAL t=�
�,
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
reportsfclaitu snzurichna.com
800-626-4577
Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790