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HARDY & HARPER, INC. (5)
i Recording Requested By, Recorded In Official Records, Orange County And When Recorded Mail To: Hugh Nguyen, Clerk-Recorder Clerk 0 Civic Center Plaza,1P O. Boxt19 8a 111111 I 11 dill I I?IIIIil111II111111I?I I ?I? I? II I 11111 NO FEE 2 Santa Ana, CA 92702 *$ R 0 0 0 6 0 9 5 9 1 8$* 20130004691812:24 pm 08106113 M ,a 217414N12F13 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 cn "???R C2 n„ Lil NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the undersigned City of Santa Ana, California, a municipal corporation, with the address of City Hall, 20 Civic Center Plaza, Santa Ana, California, 92701, is the owner of the property hereinafter described, that said owner has caused a construction of McFadden Avenue Rehabilitation From Harbor Boulevard to Fairview Street & w Lyon Street Rehabilitation From Chestnut Avenue to First Street and Main/First Intersection ?o w under contract entered into on October 15, 2012, with Hardy & Harper, Inc., on which contract o International Fidelity Insurance Company is surety. The property on which such work c w improvement was placed is in the City of Santa Ana, County of Orange, State of California, and c described as Project Nos. 12-6777 & 12-6775 located at: Various Locations. The work c improvement on said property was accepted as completed on July 26, 2013. xo w o CITY OF SANTA A NICIPAL CORPORATION w m...•, . ? z by a Dated: 3 Acting City Engineer a O y TITLE ------------------------------------------------------------------------------------------- VERIFICATION I, the undersigned, say: I am the Acting City Engineer of the City of Santa Ana, California; I executed the foregoing Notice of Completion acting on behalf of the owner of the property therein described; I make this verification on behalf of said corporation by authorization of the City Council of the City of Santa Ana; I have read said notice and know the contents thereof; and I declare under penalty of perjury that the facts therein stated are true. Executed on 51e-'11 at Santa Ana, Cal' ornia (Signature of individual swearing that the contents of Nonce of Completion are true,) Ay\ \? a e V S1'? THIS NOTICE OF COMPLETION MUST BE RECORDED WITHIN TEN (10) DAYS AFTER COMPLETION CLERK OF COUNCIL USE ONLY: OCTOBER 15, 2012 TITLE: PROPOSITION 1 B -PROJECT LIST AMENDMENT AND CONTRACT AWARD FOR LYON STREET: CHESTNUT TO FIRST 8. MAIN/FIRST STREET IMPROVEMENTS (PROJECT NO. 126775), AND MCFADDEN AVENUE: HARBOR TO FAIRVIEW (PROJECT NO. 126777) APPROVED a;T 15 2012 As Recommended ? S5? Amended ? Ordinance on ?s` Reading 0 Ordinance on 2"d Reading 0 Implementing Resolution Q Set Public Hearing For 1?4c.a?_ __? JC-JCY'? ' CITY MANAGER RECOMMENDED ACTION CONTINUED TO FILE NUMBER 1 . Adopt a resolution amending the project list for Fiscal Year 2009/1 O Proposition 1 B as required by the State Controller's Office. 2. Award a contract to Hardy & Harper, Inc., the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $1 ,049,000 for construction of the Lyon Street: Chestnut to First & Main/First Street Improvements (Project No. 126775), and McFadden Avenue: Harbor To Fairview (Project No_ 126777). 3. Approve the Funding Analysis as follows: Construction Contract - $1 ,049,000; Contract Administration - $31 ,470; Inspection and Testing - $52,450; Survey Staking - $20,980; Contingencies - $104,900; for a total estimated construction cost of $1 ,258,800_ DISCUSSION In the November 6, 2006, election, California voters passed Proposition 1 B (Prop 1 B) to allow the State to sell $19.9 billion in general obligation bonds for a variety of transportation priorities for cities and counties to fund the maintenance and improvement of local transportation facilities- The share of the fund that the City is allocated is determined by the State Controller's OfFce. To receive these funds, Council approved a project list for Fiscal Year 2009/10 on August 17, 2009. The Broadway from Civic Center to Santa Clara Street Rehabilitation (Project No. 1 16743) was added to the Prop 1 B list by Council action on March 15, 201 O. However, the City received State Local Partnership Program funds from the Orange County Transportation Authority to complete the project and, as a result, $2 million of the Prop 1 B funding allocation is no longer earmarked. Due to a Prop 1 B expenditure deadline of June 30, 2013, additional projects need to be added to the list in order to fully utilize these funds. Staff recommends removing Broadway from Civic Center to Santa Clara Contract Award for Lyon Street & McFadden Avenue October 15, 2012 Page 2 from the list and adding the Lyon Street, McFadden Avenue, and MacArthur Boulevard projects, as noted below, and adopting the attached Resolution (Exhibit 1 ): Modified FY 09/1 O Pro 1 B Allocation Broadwa Rehabilitation: Anahurst to Edin er Broadwa Rehabilitation: McFadden to First Raiff Street Rehabilitation: St. Gertrude to Edin er Raiff Street Rehabilitation: Warner to St. Gertrude L on Street Rehabilitation: Chestnut to First " McFadden Avenue Rehabilitation: Harbor to Fairview " MacArthur Boulevard Rehabilitation: Bristol to Flower Added In this Council request, the improvements to Lyon Street and McFadden Avenue (Exhibit 2) have been identified as high priorities for rehabilitation in the City's Pavement Management System. The pavement has deteriorated due to weather, age, and heavy usage. Portions of the adjacent curb and gutter, driveway approaches, curb ramps, and sidewalks are in disrepair and require replacement. Improvements include rehabilitation of the pavement, and replacement of damaged concrete curb and gutter, driveway approaches, and sidewalk. Once completed, these improvements will extend the life of the pavement and enhance the ride quality, surface drainage, and appearance of the streets. Additionally, the intersection of Main and First Streets is being enhanced on the southwest corner by the addition of an ADA-compliant curb ramp. The Notice Inviting Bids was advertised on September 7 8? 8, 2012, and bids were opened on September 26, 2012. A summary of the bid invitations mailed, the bids received, and the bid results follows: Santa Ana contractors receiving notices: 13 Bids received: 5 Bids received from Santa Ana contractors: 1 NAME OF RESPONSIVE BIDDER CITY BID AMOUNT 1 . Hardy & Harper, Inc. Santa Ana $1 ,049,000 2. All American Asphalt, Inc_ Corona $1 ,059,1 56 3. R.J. Noble, Inc. Orange $1 ,066,429 4. Bannaoun Engineers Constructors Corp. Chatsworth $1 ,076,554 5. Excel Paving, Inc. Long Beach $1 ,295,072 The Engineer's Estimate was $1,140,350. A total of five bids were received and all were responsive. The lowest bid was submitted by Hardy & Harper, Inc., for $1,049,000. Contract Award for Lyon Street & McFadden Avenue October 15, 2012 Page 3 ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, these recommended actions are exempt from further review. Categorical Exemption ER Nos. for all three projects are: ER-2012-62 (McFadden), ER-2012-63 (Lyon), and ER-2012-67 (Main/First). FISCAL IMPACT The Funding Analysis shows a total estimated construction cost of $1,258,800 for the project (Exhibit 2). Funds are available in: Gas Tax TCR HUT Construction Fund (accounting unit 059-17- 663-12677701028) and Proposition 1 B Fund (accounting unit 03017660-66220). APPROVED AS TO FUNDS AND ACCOUNTS: r Raul Godinez II Francisco Gutierrez Executive Director Executive Director Public Works Agency Finance & Management Services Agency RG/ET Exhibits: 1. Resolution 2. Project Location Map 3. Funding Analysis EXHIBIT 1 RESOLUTION NO. 2012- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING THE PROJECT LIST FOR USE OF PROPOSITION 1 B FY 2009/1 O I ss 10/5/21 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. On November 7, 2006, the people of the State of California enacted Proposition 1 B, the Highway Safety, Traffic Reduction, Air Quality and Port Security Bond Act of 2006 ("Prop 1 B"), authorizing General Obligation Bonds, to be sold to fund transportation projects to relieve congestion, improve the movement of goods, improve air quality and enhance the safety and security of the transportation system; and B. The California Department of Transportation (CalTrans) is responsible for administering two billion dollars ($2,000,000,000) of Prop 1 B funds under the Local Street and Road Improvement, Congestion Relief, and Traffic Safety Account of 2006 (LSR), to be used for improvements to transportation facilities that will assist in reducing local traffic congestion and further deterioration, improving traffic flows, or increasing traffic safety; and C. LSR funds are allocated to cities based on total population of the city relative to all cities in the State. In Fiscal Year 2009/10, the City of Santa Ana was awarded an allocation of five million, two hundred fifty-four thousand, one hundred eighty-one dollars ($5,254,181); and D. As required by CalTrans, the City adopted a list of proposed projects to be funded by Prop 1 B funds for each fiscal year in which funds were awarded. The approved lists are included in the City's Capital Improvement Budget; and E. Since the adoption of the project lists, additional projects have been recommended for Prop 1 B funding; and F. The City of Santa Ana possesses the legal authority to submit the projects for inclusion in the Transportation Improvement Program and to finance, acquire, and construct the projects. Section 2: The City Council of the City of Santa Ana approves the following amended list of proposed projects for funding under Prop 1 B under the Local Street and Page ? of 3 Road Improvement, Congestion Relief, and Traffic Safety Account of 2006, and authorizes the Executive Director of Public Works to submit these projects to the California Department of Finance: •- ? Broadway from Anahurst to Edinger ?- Street Rehabilitation Broadwa from McFadden to First Street Rehabilitation Raitt Street from St. Gertrude to Edin er Street Rehabilitation Raitt Street from Warner to St. Gertrude Street Rehabilitation c+?ee+ oe?,??.:r+.?+:.... L on Street from Chestnut to First Street Rehabilitation McFadden Avenue from Harbor to Fairview Street Rehabilitation MacArthur Blvd from Bristol to Flower Street Rehabilitation Strikeout indicates Project removed from list Bold indicates Project added to list Section 3: The City Council certifies that the City of Santa Ana will comply with applicable provisions of the California Environmental Quality Act, the National Environmental Policy Act, the Americans with Disabilities Act, the Secretary of the Interior's Standards and Guidelines for Archaeology and Historic Preservation, and any other Federal, State, and/or local laws, rules and regulations. Section 4: The City Council appoints the City Manager, or the Executive Director of the Public Works Agency or his designee, as agent for the City of Santa Ana to conduct all negotiations, execute and submit all documents, including but not limited to applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the projects. Section 5.: This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of 2012. Miguel A. Pulido Mayor Page 2 of 3 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Laura Sheedy Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN Councilmembers NOT PRESENT Councilmembers CERTIFICATE OF ORIGINALITY I, Maria D. Huizar, Clerk of the Council, do hereby certify the attached Resolution No. to be the original resolution adopted by the City Council of the City of Santa Ana on __ 20'12. Date: Clerk of the Council City of Santa Ana Page 3 of 3 0 J m m FIRST ST cn z WALNUT ST PROJECT LIMITS EXHIBIT 2 11 FIRST ST SANTA ANA TITLE CRy CpUNC?L MCFA?DEN AVENUE REHABILfTAT10N ? P W A ] ?'4 ? 0;2 L ?, Ns-rRRERS?r IN?TEHR? EcT1oN? °°a"? '°°`? •?E"?" (PROJECT NO. 126777, 126775) it FUNDING ANALYSIS PROJECT NOS 126775 ? 126777 LYON STREET: CHESTNUT TO FIRST 8? MAIN/FIRST STREET IMPROVEMENTS AND MCFADDEN AVENUE: HARBOR TO FAIRVIEW Construction Contract $1,049,000 Contract Administration $31 ,470 Inspection and Testing $52,450 Survey Staking $20,980 Contingencies $104,900 TOTAL ESTIMATED CONSTRUCTION COSTS 1.258.800 Exhibit 3 - .. C01?Y . .?_ . THE REGISTER 625 N GRAND AVE, SANTA ANA, CA 92701 Telephone (714) 796-7000 /Fax (714) 796-u059 TMs spa® for NMg stamp poly C N S N: 2373770 NOT CE INV RIND BIDS 5111 _ IC RRGCGO IOCry IOrlaat POF7 On • OomWOt dlak (C ) ONy. Ttmro la n0 Ihal Ina Qty pl Senle AAA. Il1 1 ill N CI C charppae /o/ dte Plana end l CO P A l tl bm 8 w repe B e et Iy . W Spoe t ea Ons On Hall-Rosa MneL (11422) 20 Counter Bualneu I+ouro era Clvlp Center Plaza. Santa l p:00em t0 e:00pm, Morgey l Ane, CaYfom a p2]Ol, No NnJ T luratlayy. Call tlM PWA PrOlocls YdOrmatlOn Llrr on or at T1LMT-6680 for ore a ouro '00 rrt ayalWbalty of CDs. an 9ap[amber 26th. 2012 To request a CD by mall, Itla PROOF OF PUBLICATION aealW Wde •nd/pr proposals tor: Gon[reaw rR51 wbrnl[ on email reWeat t0 Prpfed No. 126]TI: carman OSSnfa-ane.orp end McFadden Ava. Imm Wrbc- proylOa tim Idlawlnp (2015.5 C.C.P.) ? Blvd. to Fairview at. PROJECT tJO. t2-6Tr51 nlwrMllon: Ca^'DanY name. nulling atldrece, pnvne Lyon SL FROM Choimpt number. FedEx erpcount, end $ta[e Of Callfornla ) A••?. •? Flrol St. AND MAINS 1 RET-FIRST ertmll Subbel hoednp: CD Rpisoat Ior <prOJae1 QOllnly o! ORANGE ) 93 STR?EI rMER$EGTION ' ro.> <PrOjaet OarrN>. .tPROVEMENTS Ghecka are no topper N01? la turoby given apCa Plrld. Addenda will bo E:'>DERS that In arsortlsnea Wsuod by ertWS b tttom who Notlca Types: BID -NOTICE INVITING BIDS with the provislpna of the recsivee CDe erectly Iron Calilomle Lebw Code, not the Publlc Works Agency Was trun me proveilirg rate DO NOT Cwll al per Olem wapea /w eadl PURCNa$Ikq DIY1910N Ad DOSCn tiOn: crab w typo of worker and REOARDWO PUBLIC p modienic needed la execute WOR1t8 AO ENCY McFadden Ave. Rehabilitation: Harbor to Fairview and Lyon St. Rehabilitation: mo wnirocf M the lmaliry In wrad, tt» wurk la ev be PROJECTa. pn, waltz Chestnut t0 First pertormed, sod not Wee Limn CNa-29TJ]Y0a Iho general pravaisrq rate of THE REOIaTER per dom waves Iw holiday end ovordme work ea neri dw ? i ilr ui o I am a citizen of the United States and a rB8ldent of the State of California: 1 am laa lon uair aa o VI over the age of eighteen years, and not a rt to Or interested In the above Pa y smle of cailromle shell Da aid to all workeR em Ipyed entitled matter. 1 am the principal clerk of the printer and publish ar of the THE . ?aa1 bid snap i>e REGISTER, a newspaper published in the English language In the city of cea snpllne°Yana ca enrpda u;e? SANTA ANA, county of ORANGE, end adjudged a newspaper of general payada Io the ciiy o1 sanm circulation as defined b the laws of the State of Califomia b the Su crier Y Y P ?^a. or tad bond mewed by a rporote aurotY. tar an Court of the County of ORANGE States or California under date 11/19/1905 a^KK+^I ^r+I leas roan Wn , , , Case No- A27046. That the notice, of which the annexed Is a inted co Pr PY• haB percent (IOVS) or the apvrapate of Ina bid, as a been published in each regular and entire issue of said newspaper and not in puaranloa Ins1 Ina BIDDER any supplement thereof on Iha fdlowing dales, to-wit: wnI as r ilroppie same ?i awarded to hurt. The alpruture Of [M BIDOEq on tM bid bond MUST b• rWtariHad. The CJIy Coundl rewrves Iho Wont to rata[[ anY ar ell dde. Tho sazvsalul BIDDER 09/072012, 09/08/2012 Waal posses[ pr obtain a used CalHOrnla Gaes A Contractor's licerme pier :o We acnedWed award date of dtla cpn:recl. 9ubstltptlpn of aeoudkas for any rrgnlae Mrithheld :.r Ina Gry d Sama Ana tp ensure E xectJted on: 09/08/2012 pertorms.-..;.: ? allowed In At SANTA ANA, Californa ?? a ?? m tiw PubIY: Co eta ???vlr?p?''pc som vl fy (or declare) under enah of er chac the for of Is true and 1 certi P Y P Jury COfreCt. the Piano ?dikulbnc w.;l be Iumislmd upon applicatl On ar foe Publlc Wpfki Apenry pOUnmq Firal Fbor, 20 CMC Center Plaza, / Roos Mnet Sane Ana. / Celtlomla p2]O1. P4ru and / Spsd6utlona aro ayellabW In poRabN document lilllll IIII IIIII IIIII IIIII IIIII IIIII VIII VIII VIII VIII VIII VIII IIII IIII ,k A O O O O O Z 8 O l 0 9 7 'ik G??? P ? ?? ? V Recorded in Official Reconls, Oran(le County FILED Tom Daly; County Recorder ?? ?ppq illlitllllllllllillllllllllllllllllllllllllllllllllllill NO FEE pEC .w?.coweH peP? DEC 1 52009 200985001081 1 1 OS am 12/15/09 ZO 197 OR03 Z01 TOMD ?ECO ER 0.00 50.00 0.00 0.00 0.00 0.00 0.00 0.00 DEPUTY ey MAYOR CITY MANAGER Miguel A. Pulido David N. Ream MAYOR PRO TEM CITY ATTORNEY Claudia C. Alvarez `? ?? Joseph W. Fletcher COUNCIL MEMBERS - ' ? CLERK OF THE COUNCIL P_ ??? Bsnavidea - Maria D. Hufzar Carlos Bustamante - Mlrl?ab Martinez S>i :oa"°`°?'t° CITY OF SANTA ANA PLANNING 6 BUILDING AGENCY 20 Civic CerKSr Plaza (M-20) P.O. BOX 7966 . Santa Ana, Californb 92702 (714) 667-2700 • Fan (774) 973-146 arww.santa-ana.org NOTICE OF EXEMPTION From the Requirements of the California Environmental Quality Act (CEQA) Fee Exemption per California Government Code Section 6103 TO: COUNTY CLERWCounty of Orange FROM: City of Santa Ana P.O. Box 238 Planning & Building Agency Santa Ana, CA 92702 20 Civic Center Plaza Santa Ana, CA 92702 PROJECT TITLE: Local Street Pavement Rehabilitation DATE OF DECISION: 12/14/09 PROJECT NUMBER(S): PW-2009-26 ER NUMBER: ER 2009-182 PROJECT LOCATION: Lyon Street from Edinger Avenue to Chestnut StreetClTY: Santa Ana COUNTY: Orange DESCRIPTION OF THE PROJECT: The project involves full depth reconstruction pavement, reconstruction of PCC access ramps, adjusting utility structures to new grade, replacing loop detectors, and striping and pavement markings on Lyon Street from Edinger to Chestnut. NAME 8 ADDRESS OF APPLICANT: City of Santa Ana Putriic =.:orks Agency, 20 Civic Center Plaza, M-36, Santa Ana, CA 92701 NAME OF PUBLIC AGENCY APPROVING PROJECT: City of Santa Ana City Council NAME OF PERSON OR AGENCY CARRYING OUT PROJECT: Mindy Ly, (714) 647-5665 City of Santa Ana Public Works Agency, 20 Civic Center Plaza, M-36, Santa Ana, CA 92701 EXEMPT STATUS: ? Ministerial (Sec. 15268) ? Declared Emergency (Sec. 15269 (a) ) Q Emergency Project (Sec. 15269(a)8.(b) ) ? General Rule (Sec. 15061(b)(3) ) ? Statutory Exemption: State Code number ® Categorical Exemption: State class and section number:15301 Class 1 REASON(S) WHY PROJECT IS EXEMPT FROM CEQA: Project involves improvements and rehabilitation of existing right-of-way street facilities. CITY CONTACT PERSON: Hally Soboleske, TITLE: Associate Planner TELEPHONE NO: (714) 647-5842 SIGNATURE: DATE: ?Z1JT? Rer?rdetl In O'rTlclal Records, Orange County FILED OCT 2 b 2012 NO FEE Nln I!! 1?81??11? III III ql? ICI I? Illu III IM I? I I Iq all + S R 0 0 0 5 2 7 4 6 8 4 S +• read oases 201285001045 2:04 pm 10/25/12 ?a \ 1?____ _ CT - __ p?r-? 4 t 13 Z07 0.00 60.00 0.00 0.00 0.00 O-? 0.00 0.00 MAYOR ?,, clTr MANAGER Miguel A. Pulido ? ?? ?;:'. Paul M. Walters MAYOR PRO TEM _ - CITY ATTORNEY Claudia C. APVare2 Son}a R. Carvalho COUNCIL MEMBERS -? ,?? ? CLERK OF THE COUNCIL \ P. David Benavides Marfa D. Hufzar M Carlos Bustamanta Michele Martinet Vincent F. Sarmiento Sal Tinalero CITY OF SANTA ANA ?-- PLANNING 8 BUILDING AGENCY 20 C}vlc Center Plaza (M-20) P.O. BOX 1988 ? Santa Ana. California 97702 (714) 667-2700 -Fax (714) 97}1461 ?- www.santa-ana.org ? NOTICE OF EXEM? i ION From the Requirements of the California En ?ironmental Quality Act (CEQA) r Fee Exemption per California Government Code Section 6103 To: COUNTY CLERK From: City of Santa Ana County of Orange Planning & Building Agency ._L_ P.O. Box 238 20 Civic Center Pla;ca M-20 Santa Ana, CA 92702 -Santa Ana, CA 92702 Project Title: Main Street and First Street Irt) QrS?cl??oln Date of Approval: 10/15/2012 Project Number{s): PWA-2072-756-CIP Project location: 1 Citywide (Partial) City: Santa Ana County: Orange ER Number: ER-2012-67 Projset Description: Reconstruct existing curb and gutter and curb ramp and widen existing sidewalk and relocate appurtenances as necessary to better facilitate ADA transportation and all pedestrian users in the southwest comer of the intersection. Applicant Name: lVtiv.?. cq S.A?eT' , Ci ? ? Sgrt}? 'T??1 Applicant Address: C;j..,l of S?r.,.ty.-•t ?-?,?, ?O G:.??c ?.-aS-cr P?azq Sr. rte---1 ,4r,... , C h '1 ?7 o ate. Name of Public Agency Approving Project City Council, Namg of Person or Agency Carrying Out Projsct: Suter, Monica Exempt statue: POSTE D ? Ministerial (Sec. 15288) . O Declared Emergency (Sec. 15269 (a)) ?? 2 5 ?? ? Emergency Project (Sec. 15269 (b through e)) ? General Rule (Sec- 15061(b)(3)/(5)) ??-Y• (-R O Statutory Exemption: OEiv?Y 0 Categorical Exemption: 153o1(c) Reason(s) Why Project is Exempt From CEQA: Rehabilitation of existing public facility. City ContacL• Suzi Furjanic Telephone: (714) 571-4241 Signature: t' T1tfe:/???'c ' P?L P??+'?+?-- Date: ??' yg - ?Z' ?.O D Recorded in 01TICla1 Records, Orange county TI IIII ! IbII?III? !I? III III ?I?? I? ??I ?Vl III I I II III NO FEE OCT ? 6 2012 .. s R o 0 o s z 11BUD ? Y,CLERK-RECOROEA 20128500'1044 2:0? pm 10/25/12 41 ? S 20'1 DEP1J?Y 0.00 50.00 0.00 0.00 0.00 0.00 0.00 0.00 MAYOR - CITY MANAGER Miguel A Pulido Paul M. Walters MAYOR PRO TEM CITY ATTORNEY ClaudW C. Alvarez Sonia R. Carvafho COUNCIL MEMBERS CLERK OF THE COUNCIL V P. David Benavides Maria D. Mufzar (?/) Carlos Bustamante Michele Martinez Vincent F. Samtiento Sal Tinajero CITY OF SANTf\ ANA LL?- PLANNING 8 BUILDING AGENCY `'i= ? 20 Civlc Center Plaza (M-20) ? . P.. RO. BOX 1986 Santa Ana, California 92702 (714) 667-2700 - Faz (714) 973-1461 vvuvw.santa-ana.org ? NOTICE OF EXEMPTION From the Requirements of the California Environmental Quality Act (GEQA) Fee Exemption par California Government Code Section 6103 ? To'. COUNTY CLERK From: City of Santa Ana -L County of Orange Planning 8 Building Agency P.O. Box 238 20 Civic Center Plaza M-20 Santa Ana, CA 92702 Santa Ana, CA 92702 Project Titie: McFadden Rehab-Harbor to Fairview Date of Approval: 09/1 72 01 2 Project Number(s): PWA-2012-692-CIP Project Location: 1 Citywide (Partlal) City: Santa Ana County: Orange ER Number: ER-20122 Project DBSCriptlon: Reconstruct existing pavement with cement treated base, resurface existing pavement with grind and overlay, and slurry seal. Replace damaged curb, gutter, sidewe'k, driveways, ramps and x?utters. Applicant Name: Monica Suter r Cam ? ?c•n}-. +4?w Applicant Address: City of Santa Ana, 20 Civic Center Plaza SANTA ANA, CA 92702 POSTE D Name oT Public Agency Approving Project City Council Name of Person or Agency Carrying Out Project Suter, Monica OCT 2 ? 2012 Exempt Status: ? Ministerial (Sec. 15268) ra+wle.r cLERx-q[-?tpEp ? Declared Emergency (Sec. 15269 (a)) DErtfrY O Emergency Project (Sec. 15269 (b through e)) ? General Rule (Sec. 15061(b)(3)/(5)) l7 Statutory Exempiion? E3 Categorical Exemption: 15301(c) Reason(s) Why Project is Exempt From CEQA: Rehabilitation of existing public facilities. wpw ?? City Contact: Suii Furjanic TeleJphone: (714) 571-424'1 Signature: ? TIt1e: ??? • ?/ i- ?(? K'?? Date: IU -Z9- "1 y' Recorded in OTTlclal Records, Orange county Tom D al , G oun R ?co r der POSTED I ?? IIII N ? ? I JJ'' U?? ?j r pl l?l p l ?? ? ?? j?j'I III I I ? N?1 ? ' ?? I ry ll ??I 'I 19 + p 1 I?II ? p I II ? ? I ? q ? II?? N O F E E + i R 0 0 0 5 2 7 4 5 9 6 E ,k OCT 2 5 ?012 201285001043 1:57 pm 10/25/12 41 7 3 Z07 TOAr Y, aRPoC-RECOiiOiEw 0.00 50.00 0.00 'J.00 0.00 0.00 0.00 0.00 DEPt)rY MAYOR CITY MANAGER ? ? Miguel A. Pulido "' Paul ML Walters . -? `+?' MAYOR PRO TEM - CITY ATTORNEY Claudia C. Alvarez Sonia Ft. Carvalho COUNCIL MEMBERS s! CLERK OF THE COUNCIL P David Benavides ?' - Maria D- Muizar Carts Bwtamante Michele Martinez Vincent F. Sanniento salnnaiero CITY OF SANTA ANA PLANNINf3 8 BUILDING AGENCY ?"., mss: ;.. 20 Civic Center Plaza (M-20) P.O. BOX 7988 Santa Ana, California 92702 (7t4) 667-2700 • Fax (714) 973-14fi1 ?- www.santa-ana.org -? NOTICE OF EXEMPTION From the Requirements of the California Environmental Quality Act (CEQA) ? Fee Exemption per California Government.Code Section 6703 ?" To: COUNTY CLERK From: City of Santa Ana County of Orange Planning & Building Agency ?O Civic Center Plaza M-20 P.O. Box 238 r. Santa Ana, CA 92702 .Santa Ana. CA 92702 ? Project Title• Lyon Street Rehab-Chestnut to ? ?S}' ^aEe of Approval: 09/17/2012 Project Number(s): PWA-2012-693-CIP Project Location: 1 Citywide (Partial) 'C City: Santa Ana County: Orange ER Number: ER-2072-63 ? Project Description: Reconstruct existing pavement with cement treated base and replace damaged curg, gutter, dirveways, ? ramps, and x-gutters. Applicant Name: Monica Suter ? ? ? ?.,i off- Sa..?1 ?.n ?H-ti Applicant Address: City of Santa Ana, 20 Civic Center Plaza SANTA ANA, CA 92702 Name of Public Agency Approving Projsct City Council P 1 ? ? D Name of Person or Agency Carrying Out Project Suter, Monica r r Exempt Status: p Ministerial (Sec. 75268) OCT `? ? 2012 O Declared Emergency (Sec. 75269 (a)) TouoaLV, RK-RECOwDER O Emergency Project (Sec. 75269 (b through e)) A, o?y O General Rule (Sec. 15067 (b)(3)/(5)) O Statutory Exemption: AJ Categorical Exemption: 15307 (c) Reason(s) Why Protect is Exempt From CEQA: Rehabilitation of existing street facilities. i F rj an ic z u City Contact: Su Telephone: (7'14) 571241 ? ? ? _ ? ? Signature: ?o>?? ?1?? Title:'7n-?• ?L '>°1?-? 'h''? Date: ???2¢-?? CITY OF SANTA ANA ADDENDUM NO. ONE PROJECT NO. 12- 6777: MCFADDEN AVE. FROM HARBOR BLVD. TO FAIRVIEW ST. PROJECT NO. 12-6775: LYON ST. FROM CHESTNUT AVE. TO FIRST ST. AND MAIN ST. 8c FIRST ST. INTERSEC"PION IMPROVEMENTS PROPOSAL 8r CONTRACT AGREEMENT BiD PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: Hardv & Harper, Snc. REQUIREMENT: The undersigned declares that he/she has carefully examined the location of the proposed work, that he/she Itas examined the Plans and Specifications and read the accompanying instruction to BIDDERS, 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), specifications and special provisions, for the unit price(s) or lump sum(s) set forth in the following schedule: stein # Bid Item Unit Quantity Unit Price Amount 1_ Unclassified Excavation* CY 2,100 $ y(J _ d ?? $ S 6aa - 6 d 2. AC Pavement* TN 5,400 $ 73 • ??r $ ?,/Q9? a? d • ? ? 3_ Asphalt Concrete Pavement With 2% TN 1,640 $ 7,3- ? ? $ 9 '? ?• ? d Latex 4. Pulverized Material and Cement- SF Treated Base* 5. Remove Excess Pulverized CY Material* 6. Pavement Fabric SY 7. Removal of PCC Pavement* CY 8. Construct PCC Curb and Gutter* LF 9. C;onstnxct PCC Sidewalk* SF 10. Construct PCC Driveway SF Approach* 11 . Construct PCC Curb Ramp SF ]25,370 $ ?• ? `? $?r? ? 3?-?O 1,_560 $ ??- ?? $ ??? o??Q- ?? 15,390 $_ 320 $d??• ?? 1 ,470 $o? 3,350 $ ? " 9.S" 720 $ -?. ?? $?4 X92 9d $ ? ?oa_oa $_ 9??s-a $ 3, a?3-. as 860 $_??4 -- $? a ?•!? , o 0 TO BE INCLUDED IN BiD PACKAGE BP 7 of 15 CITY OF SANTA ANA ADDENDUM NO. ONE PROJECT NOS. 12- 6777 AND 12-6775 PROPOSAL c? CONTRACT AGREEMENT BID PROPOSAL, continued Item # Bid Item Unit Quantity Unit Price Amount 12. Construct PCC Bus Pad SF 5,000 $ ? 7`? $ ? ? Q? 13. PCC Grinding LF 100 $ ??. QO $?? ? 14. Furnish and Install New Traffic EA 5 $ 7Q7.40 $ 3? ?S.3J`' a ? Signal Pull Box No. 6 1 5. Adjust Manhole Frame and Cover to EA 8 $ ?• ?(? $ ??- Cj0 Finished Grade 16. Furnish and Install New Water Valve EA 17 $ 9io. oo $ ice, y?o- G U Frame and Cover to Grade ? 17. Root Shave EA 6 $ ?,`3?. ?0 $_??O • Q U 18. Replace Existing Ped Push Button EA 1 1 $ ??? • QO $??• ? U with New ADA Type B (40") 19. Furnish and Install Traffic Loops EA 61 $ ? 9? ? U $ / ? 96 Q o Type E -j- 20. Furnish and Install Bicycle Loop EA 26 $ his oo $ ??o• o d Detector Type D -? 21. Signing and Striping Lyon Ave. LS 1 $y. d$O? ?Za ?• Q YL? 9g ? o __ Y'G 9 7»?a ? ? 22. Signing and Striping McFadden Ave. LS 15 $ T - ? ? ? . ?c. 23. Signing and Striping Main St./First St. LS 1 $ / OG3.6d $ / ?, aG?• ? v 24. Temporary Construction Sign EA 6 $ ?`9?. OD $?_,3 Oa d ? 25. SWPPP Risk Level 1 (McFadden LS 1 $? ?OD• 00 $ ,?? ? QO• 4 U Only) 26. Construct 4" PCC Colored Sidewalk SF 2 ] O $ ? - ?-"-?-- $ ?? a ? ? ' ? 6 27. Construct PCC Colored Curb Ramp SF 200 $ ? Q Q $ /i 600 - o d ? - TO BE INCLUDED IN BII? PACKAGE BP2of15 CITY OF SANTA ANA ADDENDUM NO. ONE PROJECT NOS. 12- 6777 AND 1 2-6775 PROPOSAL 8c CONTRACT AGREEMENT BID PROPOSAL, continued 28. Relocate ADA Pedestrian Push EA 1 $ -?//-? $ ?/J`?a• ? O Button 29. Construct Local Depression EA 1 $ ?fQ.aQ $ ? ?? ?• ? (Including Dowels) 30. Slurry Seal REAS Type II SF 91,000 $ ? _ 8'O $Q . O O 31. Additional 1% Cement Content * Sr 20,000 S QO • Q TOTAL BID--- rx12-g--- "•'?---------------- z-- $ ?/ ?Y? 00? a !? * The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the "251/16" limit as stated in Section 3-2 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. t This bid item is considered a Specialty Item per Section 2-3.2 ofthe Standard Specifications. PROJECT NO. 12- 6777: MCFADDEN AVE. BIDDER FROM HARBOR BLVD. TO FAIRVIEW ST. Firm Harc3v & Harper, Inc. PROJECT NO. 12-6775: LYON ST. FROM CHESTNUT AVE. TO FIRST ST. AND MAIN ST. &Y FIRST ST. INTERSECTION Address 1312 E. warner Ave . IMPROVEMENTS Santa Ana. CA 92705 Phone 714-444-1851 Fax 714-444-2801 Email ck' cline hard ndhar er. com BIDDER Signature _ eve Kir chner, Vice President TO BE INCLUDED IN 131D PACKAGE BP3of15 CITY OF SANTA ANA PROTECT NOS. 12- 6777 AND 12-6775 PROPOSAL AND CONTRACT AGREEMENT 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: - Streets, highways including bridge projects; `/,% of the bid or $10,000, whichever is greater - Buildings, parks, or other projects: %m% of the bid BIDDER proposes to subcontract certain portions of the work to the firms listed below: <-' i3 s ? f : Y ? -y . cs r?-dJ /Yl SL ?'/-??-?,2 • c NAME NAME LOCATION ?? r o ,-? ? LOCATION R r? ? h c ?-+'? PHONE Qi/.S? ?-? ? L. ,y- (o ?j PHONE 7 / y Coq 3 y?'3 8° TYPE OF WORK /}? _ u k?.1 :1-t? (? ?IS? pOTYPE OF WORKED c ??. ? ? $ ? ?-/? ?//S' O O ?? / NAME ? et .sue L' o - NAME ?' {? o m a 9 (? ? c ? o M ? S? c?" LOCATION R l o ?.,.. •_.-, ?. ?-,., 2j C!4 LOCATION (?7•_ \ ?,?,,,,? ?, 2 PHONE _ ?j Q 9 7 Silo O 3 S' lv PHONE 7 (? ?, ? _? ? (e 3 U TYPE OF WORK S??„^ „T $ S'? ? TYPE OF WORKG ? $ . ?9. ooo. O d cats c.?. 07G-ao -1-r??--t- Asti NAME ? NAME LOCATION LOCATION PHONE PHONE TYPE OF WORK $ T?CYPE OF WORK $ NAME GZ I ? G r/? ? i" : G Ci r ?' S`?//?1?7AME r.6 --- PHONE s 4S/ 7 3G ?G O 4 PHONE TYPE OF WORK $ 70. oc?. o o TYPE OF WORK $ S/vrry St°.. / ? NAME NAME LOCATION LOCATION PHONE PHONE TYPE OF WORK. $ TYPE OF' WORK $ Hardy & Harper. =nc. Name of Firm Submitting Bid TO BE INCLiJDED 1N BID PACKAGE BP4of15 CITY OF' SANTA ANA PROJECT NOS. 12- 6777 AND 12-6775 PROPO_S__AL 8r CONTRACT AGREEMENT BIDDER'S STATEMENT BIDDER understands and agrees that this written proposal (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter AGENCY) 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 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) days (excluding Saturdays, Sundays and AGENCY'S Legal holidays), 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, that 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 o£work satisfactorily completed_ AlI terms contained in the Specifications, the Certification of Non-Discrimination by Contractors, and the Workers' Compensation Insurance Certificate are to be incorporated by reference into this Agreement and are made specifically as part of this bid. Name of Firm Signature BIDDER Title Steve Kirschner Vice President (if an individual, so state) TO BE INCLUDED I1V BID PACKAGE BPS of15 Cl'1'Y OF SANTA ANA PROJECT NOS_ 12- 6777 AND 12-6775 PROPOSAL AND CONTRACT AGREEMENT BIDDER'S STATEMENT continued (If a firm or co-partnership, state the firm name and give the names of all individual co-partners composing the finn_ If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) See Attachment A AWardled t < ??d/??O/t , ?41yjd ACTION OF COUNCIL,: qn the basis of t ponsible a d responsive bidder in the amount of $ /. O ?'/9. CX? C'? ?c/`..sf.,e?r /S? 20 /02 Date ATTEST: '?f'yl ?,? ? •/?i CLERK OF TIIE COUNC - APPROVED AS 'I'O FORM: ACCEPTED FOR THE CITY OF SANTA ANA: ? n / .?, PUBLIC WORKS TO BE INCLUDED IN BID PACKAGE BP6of15 Attachment A ,?fardy c?,?farper, Inc. Corporate Officers Fred T. Maas, Jr., President, Treasurer 1312 E. Warner Avenue hone: 714 444-1851 Santa Ana, CA 92705 Dan T. Maas, CEO, Managing Officer 1312 E. Warner Avenue hone: 714 444-1851 Santa Ana, CA 92705 Steve Kirschner, Vice President 1312 E. Warner Avenue hone: 714 444-1851 Santa Ana, CA 92705 Kristen S. Paulino, Corporate Secretary 1312 E. Warner Avenue horse: 714 444-1851 Santa Ana, CA 92705 Surety 8z Agent International Fidelity Insurance Company 13400 Sabre Springs Parkway, Suite 270 phone: (800) 336-1533 San Diego, CA 92128 contact: Dwi ht Reill Commercial Surety Bond Agency 1411 N. Batavia Street, Suite 201 phone: (714) 516-1232 Orange, CA 92867 contact: Susan Pugh email: Susan@commercialsuret .com Insurance Broker Wood Gutmann 8z Bogart Insurance Brokers 15901 Red Hill Averrue, Suite 100 phone: (714) 505-7000 Tustin, CA 92780 contact: Paula Mowles CITY OF SANTA ANA PROJECT NOS. 12- 6777 AND 12-6775 PROPOSAL AND CONTRACT AGREEMENT CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: 1. The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; Layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor shall comply with all provisions of Executive Order 1 1246 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 b 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_ TO BE INCLUDED IN BID PACKAGE BP7of15 CITY OF SANTA ANA PROJECT NOS. ] 2- 6777 AND 12-6775 PROPOSAL AND CONTRACT AGREEMENT CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR (continued) 7. The Contractor shall include the portion of the sentence irntnediately 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 1 1246 of September 24, L 965, so that such provisions will be binding upon each subcontract or purchase order as the achninistering 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, exce t as pr vided in Section 1420, and any contractor of public works violating g on is subj t ??e?p?e?nalties i for a violation of the Chapter. Signed C%???s.?-1f??0/? .i4?A/I/I/[ Title S v Kir hn r V? Pr ? d n Firm Hardy S? Harper, Inc . Date q /tea /? ? TO BE INCLUDED IN BID PACKAGE BP8of15 CITY OF SANTA ANA PROJECT NO5. 12- 6777 AND 12-6775 PROPOSAL AND CONTRACT AGREEMENT WORKERS' COMPENSATION INSURANCE CERTIFICATION As required by California Labor Code Section 1860 and 1861, the Contractor certifies as follows: I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this contract. If I, as the Contractor, now or at any time during the course of this agreement, qualify as an employer under California Labor Code Section 3300, unless the hired employee(s) is (are) persons excluded by said Labor Code, I shall furnish the City of Santa Ana with an insurance certificate from my workers' compensation insurance carrier certifying that I carry such insurance and that the policy shall not be canceled nor the cov age reduced except upon thirty (30) days prior written notice to th Santa Ani? Signed !// Title Steve Kirschner Vice President F?rn? Hardv & Harper, =nc . Date 9/24 TO BE INCLUDED IN BiD PACKAGE BP9of15 CITY OF SANTA ANA PROJECT NOS. 12- 6777 AND 12-6775 PROPOSAL AND CONTRACT AGREEMENT REFERENCES The following are the names, addresses, and telephone numbers for three public agencies for-which BIDDER has performed similar work within the past two years. 1. See Attachment B Name and Address of Owner. Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed 2. 3. Name and Address of owner. Naine and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed 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. See Attachment A TO BE INCLiJDED 1N BID PACKAGE BP 10 of 15 Attactunent B ,7fardy c?,?farper, Inc. Owner/Agency Contact Project Amount 8z End Date) Cit of Yorba Linda Bastanchury Road Street P.O. Box 87014 Mark L. Stowell, PE Rehabilitation Yorba Linda, CA 92885- (714)961-7170 8714 mstowell@yorba-lirida.org $ 506,000.00 1/12 City of Hemet Jorge Biagioni, PE Lyon Avenue Rehab 445 N. Florida Ave. (951)765-2360 Hemet, CA 92543 jbiagioni@cityofhemet.org 532,000.00 3/12 City of Irvine Darrell Hartman, PE Culver Drive Street. One Civic Center Plaza (949)724-5640 Rehab Irvine, CA 92623-9575 dhartman@ci.irviue.ca.us $ 790,000.00 2/12 City of Perris Chris Sunde, PE Downtown Street & Alley 101 North D Street. Tri Lake Consultants Rehabilitation Perris, CA 92572 (951)943-6504 chris@trilakeconsultants.corn $ 1,876,000.00 2/12 City of Gardena John Felix, Associate Engineer Denker Ave et al 1717 W. 162=d Street (310)217-9643 Street Improvements Gardena, CA 90247 jfelix@ci.gardena.ca.us $ 1,118,000.00 2/12 CITY OF SANTA ANA PROJECT NOS. 1 2- 6777 AND 12-6775 PROPOSAL AND CONTRACT AGREEMENT BIDDER'S 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 alifornia Appre tices - ouncil. Signed `/ Title Steve Kirschner, Vice President Firm Hardy ? Harper, Inc. Date 9/?4/? TO BE INCLUDED IN BID PACKAGE BP 11 of 15 CITY OF SANTA ANA PROJECT NOS. 12- 6777 AND 12-6775 PROPOSAL AND CONTRACT AGREEMENT NON-COLLUSION AFFIDAVIT (Title 23 United States Code Section 1 12 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance 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 indu•ectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to &x 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_ Signing this Proposal on the signature portion thereof shall also constitute signature of this Non-collusion Affidavit_ BIDDERS are cautioned that making a false certification may subject the certifier to criminal Signed County of Vice P Subscribed and sworn to (or affirmed) before me on this day of 20 by ,proved to me on the basis of satisfactory evidence to be the person(s) who appeazed before me_ Notary Public Signature Notary Public Seal TO BE INCLUDED IN BID PACKAGE BP 12 of 15 CALIFORNIA JURAT WITH AFFIANT STATEMENT Q'See Attached Document (Notary to cross out lines 1-6 below) O See Statement Below (Lines 1-6 to be completed only by do ment signer[s], not Notary) 1 2 3 4- 5 ./ Signature of Document Signer No. 1 State of California Orange County of JO-ANN LYONS _ COMM. #1841329 n ••'??? Notary Public{alifornla _ ?'+8- ORANGE COUNTY My Conlin. Expires Apr. 17. 2013 Place Notary Seal Above None Though the information be/ow is not required by law, it may prove valu- able to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further Description of Any Attached Document Non-Collusion Affidavit Title or Type of Document: September 26, 2012 Document Date: Signer(s) Other Than Named Above: Signature of Document Signer No. 2 (ii any) Subscribed and sworn to (or affirmed) before me 26 September 12 on this day of 20 , Data Monlh Year by Steve Kirschner (1) , Name of Signer proved to me on the basis of satisfactory evidence to be the person who appeared before me (.) (,) (and None (2) Name of Signor proved to me on the basis of satisfactory a idence to be th - on who peered o me.) Signature Signature of Notary P Ilc OPT/ONAL Number of Pages: 1 Top of thumb here Top of thumb here ® 2009 National Notary Association NationalNOlary.org 1-800-VS NOTARY (t-a00-876-6827) Item M5910 CITY OF SANTA ANA PROJECT NO5. 12- 6777 AND 12-6775 PROPOSAL AND CONTRACT AGREEMENT BIDDER'S STATEMENT REGARDING "ANTI-KICKBACK" REOULREMENTS 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 constructio r repair of p lic wor give up any part of the compensation to which he/she is othe n d. Signed Title Steve Kirschner. Vice President Firm Hardy & Harper, Inc . Date 9 /tea /? 2 TO BE INCLIJI?ED IIV BID PACKAGE BP 13 of 1.5 CITY OF SANTA ANA PROJECT NOS. 12- 6777 AND 12-6775 PROPOSAL AND CONTRACT AGREEMENT CONTRACTOR'S LICENSING STATEMENT The undersigned contractor, or corporate officer, declares under penalty of perjury that the following is true and correct. Contractor's Name: Hardy S? Harper, Snc_ Business Address: 1312 E. Warner Ave. Santa Ana, CA 92705 Telephone: 7 14 - 4 4 4- 1 E State Contractor's License No. Class: Expiratio-- Date: and 215952 A, C8,C12 Signed.: Title: TO BE 1NCL.UDED 1N BID PACKAG)? BP 14 of 15 Steve Kirschner, Vice President CITY OF SANTA ANA PROJECT NOS. 12- 6777 AND 12-6775 PROPOSAL AN:D CONTRACT AGREEMENT PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT 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. TO BE IIVCLIJDED IN BID PACKAGE BP 15 of 15 I I CSetne/J .wand cSin ca l90i International Fidelity 1 N S U R A N C E C O M P A N Y KNOW ALL MEN BY THESE PRESENTS= That we, the undersigned, Hardy & Harper, Inc. One Newark Center Newark, New Jersey 07102 (973) 624-7200 Bond No. HARHA-1041 as Principal, and THE INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation of the State of New Jersey, as Surety, are hereby held and frmly bound unto City o£ Santa Ana In the penal SLm of Ten Percent o£ Amount Bid ($ 1 Oa * ? ? * ? ? ? ) for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns. Signed, this zoth day of septembar 20 1z The condition of the above obligation is such that whereas the Principal has submitted to City o£ Santa Ana a certain bid, attached hereto and hereby made a part hereof, to enter into a contract in writing for Project No. 12-6777; McFadden Ave. £rom Harbor Blvd. To Fairview St. Project No. 12-775: Lyon St. £rom Chestnut Ave. to First St and Main St. & First St. Sntarsect ion Improvements NOW, THEREFORE, (a) If said bid shall be rejected, or in the alternate (b) If said bid shall be accepted and the Principal shall execute and deliver a contract in the farm of contract attached hereto, properly completed in accordance with said bid, and shall furnish a bond far the faithful performance of said Contract, and for the payment of the persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said bid; THEN, THIS OBLIGATION SHALL BE VOID, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety fnr any and all claims hereunder shalt, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligation of said Surety and its bond shall be in no way impaired or affected by any extension of time within which the said bid may be accepted; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety have hereto set their hands and seats, and such of them as are corporations have caused their corporate seals, to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above- Signed, sealed and delivered in the presence of: ATT)=ST: ATTEST: ar Harper c Pr' Steve Klrschn2r, Vice Pres_ INTERNATIONAL FIDELITY INSURANCE CO. By: `. Bid Bond Date Dwight Reilly septamber z o , 2012 Attorney-In-Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California _ County of nrangP On September ?n ?n?? before me, .lo-Ann Lyons Notary Public , Date Here Insert Name and Tille of the Officer personally appeared ama(s of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(tlr) whose name(1) is/? subscribed to the within instrument and acknowledged to me that he/6F1e/may executed the same in hisRt@r/tl?}r authorized capacity(i¢9), and that by his/14L?/tfnBA? signature(?jj on the instrument the person(s+j, or the entity upon behalf of ".:_ .: JO-ANN LYONS which the person(?J acted, executed the instrument. ' = COMM. A1841329 n :+Vb~?r• a Notary PublicLalifornia ORANGE COUNTY - I certify under PENALTY OF PERJURY under the laws My Cotmu. Expires Altr. 17. 2013 of the State of California that the foregoing paragraph is true and correct. WITNES my nd and al seal. Signature Place Notary Seal Above Signature of Notary Publi OPT/ONAL Though the information be/ow is not required by law, it may prove va/uable to persons relying on the documenf and cou/d prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Bid Bond Document Date: _ September 20, 2012 Number of Pages: ? Signer(s) Other Than Named Above: Dwight Reilly Capacity(ies) Claimed by Signer(s) Signer's Name: Steve Kirschner Signer's Name: ? ?lndividual O Individual d Corporate Officer - Title(s):vice President O Corporate Officer -Title(s): O Partner - ? Limited O General _ __ O Partner - O Limited O General O Attorney in Fact • - O Attorney in Fact _ O Trustee Top of thumb here O Trustee Top of thumb here O Guardian or Conservator O Guardian or Conservator O Other: O Other: Signer Is Representing: Signer Is Representing: ®200] National Notary Association • 9350 De Solo Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNOtary.org Item #5907 Reord¢r. Call Toll-Free 1-BOO-B76-6827 ACKNOWLEDGMENT State of California County of o On September 20, 2012 before me, Susan Puyh, Notary Public (insert name and title of the officer) personally appeared __ nwiQht Reilly , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ate subscribed to the within instrument and acknowledged to me that he/s#?ettt?_y executed the same in hislYtet authorized capacity(r?), and that by his/txe?i?c 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 and and official seal. Signatur-._ t-?a'2-ld Susan Pugh ? y ., ?lY C? n Fxpi sA?2 9 ?013 (Seal) IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE 'COMPANY.and ALLEGHENY: CASUALTY COMPANY have each executed .and attested these `p?re?sents on this 12th day of March, 20:'12. s,+`+?? I G?UA?r3' '- STATE OF NEW JERSEY ?,f?"? ? ' ?'G G'C,?. County of Essex ? ? h 4 " 1936 ?Y? ? '? ROBERT W-.MINSTER .t?,?4 Executive Vice President/Chief OperatingOfficer 'M' ?? "t`f1'SYLV A? (International: Fidelity InsuranceCOmpany) and President (Allegheny Casualty Company). ' On this 12th day 'of March 2012, before me came the individual who executed the'.precedinginstrument..tolme personally known,. and, being by me duly sworn,.. said he is the therein described and authorized. officer of INTERNATIONAL FIDELITY INSURANCE' COMPANY and ALLEGHENY CASUALTY COMPANY : thaf the seals affixed to said Instrument' are the Corporate Seals of said.Companes:. that .the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my. Official Seal, .... „,,,,,.. at the City of Newark, New Jersey the day and year first above written. VAZ' -oft _?,. °s`.a'•.-?(/??\??_ gA NOTARY PUBLIC OF NEW JERSEY -Q -- - '?? Qr My Commission Expires Mar. 27, 2014 CERTIFICATION 1, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have .....compared the foregoing copy of the Power of Attorney and affidavit,. and the copy of the. Sections of the. By-Laws of said Companies. as set forth. in said... Power of Attorney, with the originals on file in the home office of said. companies, and that the same. are correct transcripts' thereof, and. of the. whole of the said originals, and that. the said Power of Attorney has not. been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, shave hereunto set my hand this 20th dayof Sept'ember,.. 2012 MARIA BRANCO, AssistantSecretary Company Profile Company Profile Company Search Company Search Results Company Information Old Company Names Agent for Service Reference Information NAIC Group List Lines of Business Workers' Compensation Complaint and Request for Action/Appeals Contact Information Financial Statements PD F's Annual Statements Quarterly Statements Company Complaint Company Performance & Comparison Data Company Enforcement Action Composite Complaints Studies Additional Info Find A Company Representative In Your Area View Financial Disclaimer COMPANY PROFILE Company Information INTERNATIONAL FIDELITY INSURANCE COMPANY ONE NEWARK CENTER 20TH FL NEWARK, N] 07102-5207 Old Company Names Effective Date Agent For Service DOROTHY O'CONNOR-MANSON 2999 OAK ROAD SUITE 820 WALNUT CREEK CA 94597 Reference Information NAIC #: 11592 California Company ID #: 4341-4 Date Authorized in California: 02/09/1996 License Status: UNLIMITED-NORMAL Company Type: Property ? Casualty State of Domicile: NEW ]ERS EY back to top NAIC Group List NAIC Group #: 4705 AIA Holdings Inc Grp Lines Of Business The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. SURETY back to top © 2008 Calrtornia Department of Insurance Page 1 of 1 http://interactive.web. insurance. ca. gov/companyprofile/companyprofile?event=company... 10/25/2012 MEMORANDUM To: From: Subject: Kevin O'Rourke Interim City Manager Date: May 20, 2013 Raul Godinez II, Executive Director Public Works Agency Project No. 12-6775 Lyon Street Rehabilitation: Change Order No. 1 Contractor: Hardy & Harper, Inc. 1312 E. Warner Avenue Santa Ana, CA 92705 Project Description: Lyon Street Rehabilitation - Chestnut Avenue to First Street Change Order Number: 1 Change Order Total: $19,617.67 Accounting Unit-Account-Activity Number: 03217662 - 12677501028 JUSTIFICATION A new McDonald's was recently constructed at 1100 S. Grand Avenue; as part of the improvements a new driveway was installed adjacent to an existing bus stop. Due to the anticipated high volume of traffic to the restaurant, the Orange County Transportation Authority has requested that the bus stop be relocated form the northwest corner to the northeast corner of McFadden Avenue and Grand Avenue. Since the roadway work was not part of the original contract, they do not have a contract with a public works contractor to construct the bus pad. Subsequently, they requested and provided the funds to the City for the construction of the bus pad. An appropriation adjustment to accept the funds from McDonalds was approved by Council on December 3, 2012 in the amount of $27,700. City staff is recommending constructing the new bus pad and incidental construction items as part of an existing contract, Project No. 12-6775 - Lyon Street Rehabilitation Project. The prior approval was received on January 10, 2013 and the work was completed on February 12, 2013. CONTRACT COST SUMMARY Original Contract Total $1,049,000.00 Amount % of Contract_ This Change Order $19,617.67 Increase 1.9% _ Total CCO to date $19,617.67 Increase 1.9% Adjusted Contract Total $1,068,617.67 Project 12-6775 Request for Approval of Change Order No. 1 May 20, 2013 Page 2 of 4 SCHEDULEIMPACT The contract time will be extended by 13 days to allow the contractor time to perform the work included in this change order. The revised completion date will be April 1, 2013. APPROVED AS TO FUNDS AND ACCOUNTS: Godinez II, Executive Director Works Agency ?' C\M 4 Aa ? ? n Francisco Gutierrez, Executive Director Finance & Management Services Agency Attachment: Change Analysis Project 12-6775 Request for Approval of Change Order No. 1 May 20, 2013 Page 3 of 4 CHANGE ANALYSIS DETAILED JUSTIFICATION The City's Pavement Management System identified Lyon Street as a high priority for rehabilitation. The pavement has deteriorated due to weather, age, heavy usage, and poor drainage. Portions of the adjacent curb and gutter, driveway approaches, curb ramps, and sidewalks are either missing or in disrepair and require replacement. A contract was awarded to Hardy & Harper, Inc. on October 15, 2012 for the rehabilitation of Lyon Street; the improvements include the reconstruction of the pavement, replacement of damaged concrete curb and gutter, driveway approaches, and sidewalk, and the construction of new wheelchair ramps. The original contract did not include this location but prices were agreed upon per the cost analysis below. Although the request was for a concrete bus pad, there was incidental work that needed to be completed. The driveway approach at 1131 South Grand Avenue and adjacent to the bus pad could not be salvaged due to cracking and had to be replaced. In addition, the existing bus pad has deeper than anticipated and required aggregate base backfill. ^.t J w nMf r ;faaax n mus q P' 1 ? sN ..? ? JSY. f ? ! ff39 3 tA}R W W. <1 Ai. ?... . t} - dr rvke. `' ?? '• ? ? td W .`1?.?:.ty ••• $ ? tY1k1MC[ ? k I?.+..«a... _?....... -h- kkwsx _ ...,..__ ?y{.?4 F.....,.,.q.w? bf ??pp ..s..... ..... ( ..... .... ..... ? ...,..__....y lti}W C. McFADDEN AVENUE I !rk ? R Wi t I °a 15Yan ri rauu, iAttJWllY?tiiJ! Project 12-6775 Request for Approval of Change Order No. 1 May 20, 2013 Page 4 of 4 COST ANALYSIS Revised Bid Item Quantities (The contractor will be paid for actual quantities added and deleted, as verified in the field.) BID ITEMS UNIT QTY UNIT PRICE COST I Unclassified Excavation CY 65 $40.00 $3,400.00 12 Construct PCC Bus Pad SF 1,000 $5.75 $5,750.00 Add Construct PCC Drivewa Approach (T=8" SF 425 $5.75 $2,443.75 Add Miscellaneous Crushed Base TN 17.42 $8.09 $140.92 Add Traffic Loops EA 10 $350.00 $3,500.00 Add AC Saw Cut LS I $1,200.00 $1,200,00 Add Traffic Control LS 1 $2,025.00 $2,025.00 Add Mobilization LS l $1,158.00 $1,158.00 TOTAL CHANGE ORDER NO. 1 $19,617.67 CITY OF SANTA ANA PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number Project No. 12-6775 - Lyon Street Rehabilitation: Change Order Number 1 Chestnut Avenue to First Street To Hardv & Harper. Inc. Contractor You are hereby directed to make the herein changes from the plans and specifications or do the following described work not included in the plans and specifications on this contract NOTE: THIS CHANGE ORDER IS NOT EFFECTIVE UNTIL APPROVED BY THE CITY COUNCIL OR CITY MANAGER. Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time, Change requested by PUBLIC WORKS AGENCY EXTRA WORK AT AGREED PRICES 1. Construction of bus pad, driveway approach and incidental construction items, per Prior Approval dated January 10, 2013. The work was completed on February 12, 2013. AGREED PRICE $ 19,617.67 / Page 1 of 2 CITY OF SANTA ANA PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number Project No. 12-6775 - Lyon Street Rehabilitation: Change Order Number Chestnut Avenue to First Street To Hardy & Harper, Inc. Contractor You are hereby directed to make the herein changes from the plans and specifications or do the following described work not included in the plans and specifications on this contract. NOTE: THIS CHANGE ORDER IS NOT EFFECTIVE UNTIL APPROVED BY THE CITY COUNCIL OR CITY MANAGER. Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time, Change requested by PUBLIC WORKS AGENCY The compensation both time and cost set forth in this change order comprises the total compensation due the Contractor, all Subcontractors, and all Suppliers for all work performed per this change order, including impact on unchanged work. By signing this change order, the Contractor acknowledges and agrees on behalf of himself, all Subcontractors, and all Suppliers, that the stipulated compensation includes payment for all work contained in this change order, plus all payment for interruption of schedules, extended field overhead, home office overhead, profit, delay, and all impact, ripple effect or cumulative impact on all other work under this Contract. The signing of this change order constitutes full mutual accord and satisfaction for all changes and work performed on this project, and that the time and cost paid per this change order constitutes the total equitable adjustments owed the Contractor, all Subcontractors, and all Suppliers for all work performed on this project. The Contractor on behalf of himself, all Subcontractors, and all Suppliers agrees to waive all rights, without exception or reservation of any whatsoever to file any further claim related to this project. TOTAL COST THIS CHANGE ORDER: DECREASE $ - _ _ _ - INCREASE $ 19,617.67 By reason of this order the CONTRACT TIME completion will be adjusted as follows: Thirteen (13) Working Days We the undersigned contractor have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all service necessary for the work above specified, and will accept as full payment therefor the prices shown above. Accepted, Date By Vice Presi Approval recommended by Contractor r-H9 'y & t ve rschne'r of!? 64,l/ 7 Dale Approved by `\, /%\ ??. Date ! r C-9- / 3 Page 2 of 2