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HARDY & HARPER, INC. (6)
Recording Requested By, Recorded in Official Records, Orange County 'I And When Recorded Mail To: Hugh Nguyen, Clerk-Recorder Clerk of the Council, City of Santa Ana VIII II III VIII VIII VIII VIII VIII VIII VIII VIII VIII III II NO FEE 20 Civic Center Plaza, P.O. Box 1988 Santa Ana, CA 92702 * 8 R 0 0 0 6 0 7 2 6 4 3 8 2013000451823 2:42 pm 07129113 217414N12 1 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 xt„ CJ t THIS SPACE FOR COUNTY RECORDERS USE ONLY 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 MacArthur Boulevard Rehabilitation from Bristol Street to Flower Street o under contract entered into on February 19, 2013, with Hardy & Hamer, Inc., on which m W contract International Fidelity Insurance Company is surety. The property on which such c work improvement was placed is in the City of Santa Ana, County of Orange, State of e z California, and described as Project No. 13-6786 located at MacArthur Blvd. The work w a improvement on said property was accepted as completed on July 19, 2013 . x p CITY OF SANT A, AJJUNICIPAL CORPORATION w o by F d Dated: 2 13 441"'?G City Engineer A p?? TITLE U y VERIFICATION I, the undersigned, say: I am the 441- 115' 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 -,at Santa Ana, Cal' rnia (Signahne of individual sweating that the contents of Notice of Completion are tone) THIS NOTICE OF COMPLETION MUST BE RECORDED WITHIN TEN (10) DAYS AFTER COMPLETION REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 19, 2013 TITLE: CONTRACT AWARD TO HARDY AND HARPER, INC., FOR MACARTHUR BOULEVARD REHABILITATION - BRISTOL STREET TO FLOWER STREET (PROJECT NO. 136786) C,Oti? CITY MANAG R RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED °2-/9-/3 ET As Recommended la ? As Amended ? Ordinance on 1s` Reading ? Ordinance on 2"d Reading ? Implementing Resolution ? Set Public Hearing For CONTINUED TO FILE NUMBER Award a contract to the lowest responsible bidder, Hardy and Harper, Inc., in accordance with the Base Bid, totaling $911,000, for MacArthur Boulevard Rehabilitation from Bristol Street to Flower Street. 2. Approve the Cost Analysis as shown in Exhibit 1 for a total estimated project delivery cost of $1,138,750. DISCUSSION The City's Pavement Management System has identified MacArthur Boulevard from Bristol Street to Flower Street (Exhibit 2) 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. Improvements include reconstruction of pavement and replacement of damaged concrete curb and gutter, driveway approaches, sidewalk, and construction of new cross gutters. Once completed, these improvements will extend the life of the pavement and enhance the ride quality, surface drainage, and appearance of the street. A Notice Inviting Bids was advertised on January 7, 2013, and January 8, 2013, and bids were opened on January 23, 2013. A summary of the bid invitations mailed, bids received, and bid results are as follows: Contractor Participation Data Santa Ana contractors receiving notices: 12 Contractors requesting bidding documents: 18 Bids received: 4 Bids received from Santa Ana contractors: 1 Contract Award to Hardy and Harper, Inc., for MacArthur Boulevard Rehabilitation - Bristol Street to Flower Street February 19, 2013 Page 2 Bid Results Summary RANK BIDDERS NAME LOCATION BASE BID 1 Hardy and Harper, Inc. Santa Ana $911,000.00 2 R.J. Noble Company Orange $928,309.00 3 Excel Paving Company Long Beach $1,018,011.60 4 All American Asphalt Corona $1,080,000.00 A total of four bids were received and all were deemed responsive. The lowest bidder was a Santa Ana contractor, Hardy and Harper, Inc., for $911,000. Their bid is in line with the Engineer's estimate of $907,875. ENVIRONMENTAL IMPACT Environmental Review No. 2013-6 has been completed, and Categorical Exception was filed for this project, pursuant to the California Environmental Quality Act. FISCAL IMPACT A project cost analysis determined that $1,138,750 is needed to deliver the project, which includes construction administration, inspection, testing, and contingencies. Funding is available to cover costs in the Proposition 1 B Fund (Account 03017660-66220), Project No. 136786. Raul Godinez II Executive Director Public Works Agency APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director , Finance & Management Services Agency RG/ET Exhibit 1: Cost Analysis 2: Project Location Map COST ANALYSIS PROJECT NO. 136786 CONTRACT AWARD FOR MACARTHUR BOULEVARD REHABILITATION - BRISTOL STREET TO FLOWER STREET Cost Analysis Construction Contract Contract Administration Inspection and Testing Contingencies TOTAL ESTIMATED CONSTRUCTION COSTS $911,000 $45,550 $91,100 $91,100 $1,138,750 Exhibit 1 6 Q W O H d? i SANTA ANA CITY COUNCIL CONTRACT AWARD TO HARDY AND HARPER FOR THE AGENDA MACARTMR BLVD REHABILITATION P W A DATE: FROM BRISTOL ST. TO FLOWER ST. FEB 19. 2013 (PROJECT NO. 13-6786) PUBLIC VORRS AGENCY v o? r- O i lL I i EXHIBIT 2 THE REGISTER 625 N GRAND AVE, SANTA ANA, CA 92701 Telephone (714) 796-7000 / Fax (714) 796.6059 PROOF OF PUBLICATION (2015.5 C.C.P.) State of Caworm County of ORANGE ) ss Notice Type: BID - NOTICE INVITING BIDS Ad Description: Macarthur Blvd Rehabilitation: Bristol to Flower 1 am a citizen of the United States and a resident of the State of California; 1 am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal dark of the printer and publisher of the THE REGISTER, a newspaper published in the English language in the city of SANTA ANA, county of ORANGE, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of ORANGE, State of California, under date 11/19/1905, Case No. A21046. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit 01/0712013, 01/08/2013 Executed on: 0110812013 At SANTA ANA, California 1 certify (or declare) under penalty of perjury that the foregoing is true and correct. E??- .may Signatur This space for rhting stamp only CNS#: 2428903 NOTICE-IS HEREBY-daN this City CaYbnra WE reof Santa Ana, ceive at the 20 P center (y(M Same Aral, Carrtomia 82701, W ?+ p.nh. on sealed bids or profor PROJECT No 13786 MACARTHUitBLVD FROM STOI ST. To FLOWER ST. Notice is hereby given BIDDERS tl i with the provimons Co: camornia de. not it= the roe ravaing of per _ pwages for each craft or 1ypa worker and rrhechhanic needed lo execute Ste contract in the locality in which Ole wok is io be performed. and not low than the "rerai.pievaiing raw of per dieovinrtlnhe m wages for and hewky determined t the Director d IrhduetlN It&# m of the State of California sIW be paid to all workers employed. Each bid &W be accompa ned by arA a cashiers or certified check payable to the City of Santa Ana, or bid bond issued by a =r rhct wise. titan won percent (10%) of the aggregate of ft bid, as a guarani" that the BIDDER will Omer into the proposed contract if the same is awarded to him. The signature at Ves BR on the bid new MUST be notarized. The City Council reserves the right to reject any or all bids. The successful BIDDER must possess or obtain a valid California aria A Caninickees karaw pillar to Ow scheduled ale- dale of this eontram substitution of secudiles for any monies withheld by the City of Santa Ana to ensure Performance, is allowed in accordance with the Pubic Contract Code. Plans aria of titePl iii be fumiahed Upon application at the Pubic Works Floor. 2 Agency counter, Civic Center ply Ross Amex, Soma Ana. California 92701. Pons and SPeeifica8om one ava8able In portable dociansra etsic cD, MyThcrocomwpact charge for the Plans and SPectrwations on Co. PWA Counter Business Hours are 9:008m to 4:OOpM Mondayy .h Thu y? CaR tM PWA PmJectaIMOrtnatlon Line at 71148{7-5680 for evaBabWty of CDe. To regisat a CD by mail, the must 4ubmt an Oman request to sit Pro thse-kilo ng infomretion: Company name, maiing address, phone nunber, FedEhr account, and 9rhhail Subject head CD to ECT 138786Rd MACARTHUR BLVD. REHAaILITATION Checks . are no willlore bale aooepwd Addenda be issued q O MM to those who received CDs dretly from the Public Works A?a,y DO NOT CALL PURCHASING DIVISION REGAROMG PUBLIC WORKS AGENCY PROJECTS. 1/7, IIN13 CN&242"M THEREGINTER C? LL4 i t?1 nn? lL z -qc 0 ^V vc ? N U r ti W ? Cri e-r v ? N r as Q cC C%1 O ? O U C1, ? N O U .r. r O r s L ? ? p O cY1 ? .. 1 z? r CL)? o L. ? QJ i c3 ? ? O p CITY OF SANTA ANA PROJECT NO. 13-6786: MACARTHUR BLVD REHABILITATIONFROM BRISTOL ST. TO FLOWER ST. PROPOSAL & CONTRACT AGREEMENT BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: Hardy & Harper, Inc. REQUIREMENT: The undersigned declares that he/she has carefully examined the location of the proposed work, that he/she has examined the Plans and Specifications and read the accompanying instruction to BIDDERS, and hereby proposes to furnish all material and do all the work re quired 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: Item # Bid Item Unit Quantity Unit Price Amount I . Unclassified Excavation * CY 635 $ 41 $ 3 L S _ 2. AC Pavement * 'IN 4,300 $ O. ?? $ (0 0 (? - 3. AHRM Pavement * TN 2,500 $ ??.SO $ ?? - 4. Pulverize Material and Cement-Treat SF 188,900 $ p, $ Base (CTB) t * 5. Remove Excess Pulverized Material * CY 3,000 $ ?? $ s? OOC? - 6. Pavement Fabric SY 22,500 $ . ?o $ 7. PCC Curb and Gutter A-2-8 LF 100 $ go- $ 000- 8. PCC Cross Gutter SF 2,500 $ $?jr, 9. PCC Sidewalk (4") SF 700 $ 4. ?S $ 39?- 10. PCC Median Nose EA 3 $ 1000- $ 0 pc7 - 11. PCC Curb Ramp SF 3,300 $_? $ ! 9 $00 - 12. PCC Bus Pad SF 2,500 $ 01 S-b $ ( $'t I-Sa 13. 8" PCC Driveway Approach SF 520 $ S • ?S77 $ c2 a 1X30 - TO BE INCLUDED IN BID PACKAGE BP I of 15 CITY OF SANTA ANA PROJECT NO. 13-6786 PROPOSAL & CONTRACT AGREEMENT BID PROPOSAL, continued Item # Bid Item Unit 14. Install Water Valve Frame and Cover EA 15. Furnish and Install Traffic Signal Pull EA Box No. 6 and Adjust to Grade 16. Furnish and Install Traffic Rated EA Signal Pull Box No. 6 H/20 and Adjust to Grade 17. Furnish and Install Traffic Loop EA (Type E) 18. Furnish and Install Traffic Loop EA (Type D Circular) 19. Replace PPB with ADA Type B PPB EA 20. Adjust Manhole to Finished Grade EA 21. Furnish and Install Survey Monument EA 22. Temporary Construction Signs EA 23. SWPPP Type #2 LS 24. Signing and Striping LS BP2of15 antity Unit Price Amount 13 $ 1-00- $1,100- 6 $ -5's-0- 2 O - $ (oo(?- $ ?C Vaa- 53 $ .200 - $ 600 24 $ a3S- $ S, ?Eob- 4 $ .3o v - $ 3 $ $ g S- I $ $ 2 $ ?-?- $ oz^ 1 $ X563 $ '1. S 63 e5,mv- 857; UV0 -- 1 $ *4A7~-$ a^ OVAL . S-W?rc TO BE INCLUDED IN BID PACKAGE CITY OF SANTA ANA PROJECT NO. 13-6786 PROPOSAL & CONTRACT AGREEMENT BID PROPOSAL, continued voo- TOTAL BID---------------------------------------------------------------------- $ ...?,.? * The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the "25%" limit as stated in Section 3-2 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. This bid item is considered a Specialty Item Per Section 2-3.2 of the Standard Specifications. PROJECT NO. 13-6786: MACARTHUR BLVD BIDDER REI A.BILITATION FROM BRISTOL ST TO FLOWER ST. Fpm Hardy & Harper, Inc. Address 1312 E. Warner Ave. Santa Ana, CA 92705 Phone 714-444-1851 Fax Email 714-444-2801 er@hard dh er.c BIDDER Signature e Kirschn ce resident TO BE INCLUDED IN BID PACKAGE BP 3 of 15 CITY OF SANTA ANA PROJECT NO. 13-6786 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; %2% of the bid or $10,000, whichever is greater - Buildings, parks, or other projects: 1/z% of the bid BIDDER proposes to subcontract certain portions of the work to the firms listed below: NAME LOCATION O ra r•R,t ?C A PHONE '} (. TYPE OF WORK {-,• $ t boo - aaQS NAME ?$ tA,ki t i'E-i e3 ?? i kS?-?`rS LOCATION Yaha? ?+?/? PHONE otSl - ??9- bSCbS TYPE OF WORK $ (( ov - NAME U,y LOCATION A PHONE "-?- 1 q TYPE OF WORK NAME LOCATION _ PHONE TYPE OF WORK It NAME LOCATION PHONE TYPE OF WORK $ Harder & Harper, Inc. Nate offirrn SobmittkS Bid ture of BIDDE NAME i r.c ' Si o 4. co th a..i.?q LOCATION N"c, a-&' PHONE coq -b, oo( a TYPE OF WORK $ (? co - e- G2vr.?r+ ?,,, NAME Qv?ti.co L' aw.?h _??1nbi?.at_S?vict LOCATION ",r ?t 4 (1 ' PHONE _:4.14 - taq - cE to ,,,,T..YSSPEOF WORK S(?,$??6b WOiME LOCATION PHONE TYPE OF WORK NAME LOCATION PHONE TYPE OF WORK NAME LOCATION PHONE TYPE OF WORK TO BE INCLUDED IN BID PACKAGE BP4of15 CITY OF SANTA ANA PROJECT NO. 13-6786 PROPOSAL & 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 fonn 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 Fridays, 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 of work satisfactorily completed. All 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 _ Hardy & Harper, Inc. Signature of BIDDER Title Steve Kirschner, Vice President (if an individual, so state) TO BE INCLUDED IN BID PACKAGE BP5of15 CITY OF SANTA ANA PROJECT NO. 13-6786 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 firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) See Attachment A Awarded W-5 , t on the basis ()I lowest r ponsible an responsive bidder in the amount of ACTION OF COUNCIL: Date 20 A3 ATTEST: CLERK OF THE COUNCIL APPROVED AS TO FORM: ITY ATTO Y ACCEPTED FOR THE CITY OF SANTA ANA: E CUTIVE DIRECTOR P LIC WORKS AGENCY BP6of15 TO BE INCLUDED IN BID PACKAGE Attachment A .7fardy e0faTer, 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 phone: (714) 444-1851 Santa Ana, CA 92705 Surety & Agent International Fidelity Insurance Company 13400 Sabre Springs Parkway, Suite 270 phone: (800) 336-1533 San Diego, CA 92128 contact: Dwight Reilly Commercial Surety Bond Agency 1411 N. Batavia Street, Suite 201 phone: (714) 516-1232 Orange, CA 92867 contact: Susan Pugh email: Susan@commercialsurety.com Insurance Broker Wood Gutmann & Bogart Insurance Brokers 15901 Red Hill Avenue, Suite 100 phone: (714) 505-7000 Tustin, CA 92780 contact: Paula Mowles CITY OF SANTA ANA PROJECT NO. 13-6786 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 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Govermnent 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 NO. 13-6786 PROPOSAL AND CONTRACT AGREEMENT CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR (continued 7. The Contractor shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, No discrimination shall be made in the employment of persons upon public works because of race, religious creed, col , national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such er , except as p ovi . d in S io 1420, and any contractor of public works violating this Se n i ect all th a ties i ose or a violatio} of the Chapter. Signed Title Steve Kirschner Vice President Firm Hardy & Harper, Inc. Date 1/18/13 TO BE INCLUDED IN BID PACKAGE BP8of15 CITY OF SANTA ANA PROJECT NO. 13-6786 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 rage reduce?e Cept n thirty (30) days prior written notice to the City of Santa Ana. Signed Title Steve Kirschner Vice President Firm Hardy & Harper, Inc. Date 1/18/13 TO BE INCLUDED IN BID PACKAGE BP9of15 CITY OF SANTA ANA PROJECT NO. 13-6786 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. Name and Address of owner. Name and Telephone Number of person familiar with project. Date Completed Contract Amount Type of Work 3. 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 INCLUDED IN BID PACKAGE BP 10 of 15 Attachment B Yfardy c0farper, Inc. Owner/Agency Contact Project (Amount & End Date) City of Huntington Beach Eric Charlonne, PE Rehabilitation of Center, 2000 Main Street (714)536-5430 Magnolia & Springdale Huntington Beach, CA 92648 $ 2,393,000.00 8/12 Minor Street Rehabilitation - City of Riverside Edward Lara, PE Phase 3 S 2,234,000.00 9/12 3900 Main St. (951)826-2337 Riverside, CA 92522 elara@riverside.ca.gov Minor Streets Maintenance - Phase 1 $ 1,296,000.00 9/12 City of Upland Eddie Rea, PE Diamond Ct. & Vallejo 460 N. Euclid Ave. (909)291-2973 Way Rehabilitation Upland, CA 91785 erea@ci.upland.ca.us $ 389,000.00 8/12 City of Montebello Joe Boada, PE Washington Boulevard 1600 W. Beverly Blvd. (323)887-1460 Improvements Montebello, CA 60640 jboada@cityofmontebello.org $ 555,000.00 8/12 City of Seal Beach Cesar Rangel, PE Arterial & Local 211 8th St. (562)431-2527 Resurfacing Project Seal Beach, CA 90740 crangel@sealbeachca.gov $ 414,000.00 9/12 PROJECT NO. 13-6786 PROPOSAL AND CONTRACT AGREEMENT BIDDER'S STATEMENT REGARDING APPRENTICESHIP REOUIREMENTS 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 contra rs, except contractors not si„Agatory to the trust agreement shall pay a like amount to the Cal' rni renticeshiD Colanci'l. ) Signed Title Steve Kirschner Vice President Firm Hardy & Harper, Inc. Date 1/18/13 BP 11 of 15 TO BE INCLUDED IN BID PACKAGE CITY OF SANTA ANA PROJECT NO. 13-6786 PROPOSAL AND CONTRACT AGREEMENT NON-COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 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 indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, prof t, 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 poytion thereof shall also cons itute signature of this Non-collusion Affidavit. BIDDERS cau d ? iat making'a Vse ce d is tion may suet he certifier to criminal prosecution. Signed. State of California County of t Vi Subscribed and sworn to (or affirmed) before me under penalty of perjury on this day of , 20, by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Notary Public Signature Notary Public Seal BP 12 of 15 TO BE INCLUDED IN BID PACKAGE CALIFORNIA JURAT WITH AFFIANT STATEMENT Y see Attached Document (Notary to cross out lines 1-6 below) ? See Statement Below (Lines 1-6 to be completed only by document signer[s], not Notary) 1 2 3 5 -------- ----------------------------------------------- 6 Signature of Document Signer No. 1 Signature of Document Signer No. 2 (if any) State of California County of Orange JO-ANN LYONS ` COMM. #1841329 n Notary Public-California C -3 J ORANGE COUNTY ? My Conan. Expires Apr. 17, 2013 Place Notary Seal Above Subscribed and sworn to (or affirmed) before me on this 22 day of January 20 13 , by Date Month Year (1) Steve Kirschner Name of Signer proved to me on the basis of satisfactory evidence to be the person who appeared before me (and None Name of Signer proved to me on the basis of satisfactory e ' nce to be th pe on who pearere me.) Signature Signature of Notary c OP TIONAL 81 "1' ;&11 Lei III 4mr-41111111111 Though the information below is not required by law, it may prove valu- Top of thumb here Top of thumb here 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 NonCollusion Title or Type of Document: January 22, 2013 1 Document Date: Number of Pages: None Signer(s) Other Than Named Above: 0 2009 National Notary Association • NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5910 CITY OF SANTA ANA PROJECT NO. 13-6786 PROPOSAL AND CONTRACT AGREEMENT BIDDER'S STATEMENT REGARDING "ANTI-KICKBACK" REQUIREMENTS The undersigned is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with the Copeland "Anti-Kickback" Act (18 USC 74) as supplemented in the Department of Labor regulations (29 CFR, Part 3). This act provides that each contractor or subcontractor shall prohibited from inducing, b any means, any per-son employed in the construction or rep ' of pu o , to give p a part o e ompensatio which he/she is otherwise entitled. Signed Title Steve Kirschner Vice President Firm Hardy & Harper, Inc. Date 1/18/13 TO BE INCLUDED IN BID PACKAGE BP 13 of 15 CITY OF SANTA ANA PROJECT NO. 13-6786 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 & Harper, Inc. Business Address: 1312 E. Warner Ave . Santa Ana CA 92705 Telephone: 714-444-1851 State Contractor's License No. and Class: 215952 A, C8 , C12 Expiration Date: Signed: Title: Steve Kirschner, Vice President TO BE INCLUDED IN BID PACKAGE BP 14 of 15 CITY OF SANTA ANA PROJECT NO. 1.3-6786 PROPOSAL AND CONTRACT AGREEMENT DISCLOSURE OF LOBBYING ACTIVITIES Comnlefe this form to disclnse lnhhvinv activifies rorcsjiant to 31 TT C C 1359 1. Type of Federal Action 2. Status of Federal Action 3. Report Type: ® a Contract ® a.. Bid/offer/application ® a. initial b. Gant b. initial award b. material change c. Corporate Agreement c, post-award d Ban For Material Change only: e. Loan Guarantee Year quarter f Loan Insurance date of last report 4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and. Address ofPrime: ® Prime ? Subwardee N/A Tier. If hmivn Congressional District, f knoww Co ional District, f known 6. Federal Department/Agency: 7. Federal Program Name0escription N/A N/A CFDA Number, If applicable 8. Federal Action Number, if known 9. Award Amount, f known 10. a. Name and Address ofLobbying Entity b. Individual Performing Services (irhLk a"-e sff YfromA7o. pd Iadnw l Av IGb) None None (attach Continuation Sheets if necessary) 11. Amount of Payment (check all that apply): 13. Type of Payment (check all that apply) $ None ? Actual ? Planned ? a. retainer ? b. onefiime fee 12. Form ofPayment (check all that apply): ? c. commission ? a. cash ? d. contingent fee ? b. in-Bond; specify: nature ? e. deferred value ® f. other, specify__ 14. Brief Description of Services Performed or to be performed and Date(s) of Service, including officer(s), employee(s), or member(s) contacted, for Payment indicated in item 11: Hardy & Harper has not paid funds to anyone in regards to this project. (affach Conf mtwion Sheet( s) nwesscn 15. Continuation Sheets attached: ? Yes 16.lnfrArafimm ie,sfedthtougbftfcansa&aizodbyTitle3lUSCSittig 13521hisdisclosumoflobbyingackvifmisarnWzidrelxti imoffidupm Signature whirhmbmxwaspboedbythetierabuwwbm #i,-twsawmwas nr&crataed %LOOW info.Th's&doRnismTzedpimmtto3lU.S_C1352T1isinbrnatunwme Print Name Steve Kirschner rTortedtotheCan_msssm i-auvrallyandvabewallablefxpMci gvcdan. Anypmanwhofitlstofilethem4xeddisdm=sbObesubjed.baadpamltyof Title Vice President rrot less than $10,000 and nd mae than. $100,000 far each such faflure Tel hone No. 714 - 4 4 4 -18 51 Date 1/8/13 Feda=WseOnly I AubxLwd for Local RqxWucton standardnoRil-LLL TO BE INCLUDED IN BID PACKAGE BP 15 of 15 ,IDF &V6, Omit &7ae 1.04 One Newark Center International Fidelity Newark, New Jersey 07102 i N S U R A N C E C o M P A N Y (973) 524-7200 Bond No. HARHA-1130 KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned, Hardy & Harper, Inc. as Principal, and THE INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation of the State of New Jersey, as Surety, are hereby held and firmly bound unto City of Santa Ana ******* ) in the penal sum of Ten Percent of Amount Bid ($10% 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 17th day of January , 2013 The condition of the above obligation is such that whereas the Principal has submitted to City of Santa Ana a certain bid, attached hereto and hereby made a part hereof, to enter into a contract in writing for Project No. 13-6786: MacArthur Blvd. Rehabilitation from Bristol St. to Flower St. 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 form of contract attached hereto, properly completed in accordance with said bid, and shall furnish a bond for 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 for any and all claims hereunder shall, 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 seals, 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 rd rper, 10?, o 4/6 .14 IA A TTEST- Prinal v it c ne ice tires . ATTEST: INTERNATIONAL FIDELITY INSURANCE CO. By: - Bid Bond Date Dwight Reilly January 17, 2013 Attorney-In-Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On before me, jo-Ann , jantlctryEN, 2()13 e e a of the Officer personally appeared Steve Signer(s) JO-ANN LYONS COMM. #1841329 Notary Public-California ORANGE COUNTY - My Conun. Expires Apr. 17. 2013 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(*) whose name(O) is/atw subscribed to the within instrument and acknowledged to me that he/silro/they executed the same in his/kerA teir authorized capacity(ics), and that by his/l?/tIOr signature(o on the instrument the persor*), or the entity upon behalf of which the person(#) 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. WITNES and and ial seal. Signature Signatu a of otary P lic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Rid Bond Document Date: 1=,,nnt 17 2 Number of Pages: I Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: stpvp Kirsrhner Individual Signer's Nal ? Individual Corporate Officer - Title(s): /ire President ? Corporate Officer - Title(s): Partner - ? Limited ? General ? Partner - ? Limited ? General ? Attorney in Fact ? Trustee ? Guardian or Conservator ? Other: Signer Is Representing: Top of thumb here ? Attorney in Fact ? Trustee ? Guardian or Conservator ? Other: Signer Is Representing VNI; 111M. Mill Top of thumb here 0 2007 National Notary Association - 9350 De Soto Ave., P. O. Box 2402 -Chatsworth, CA 91 31 3-2402- www.NationalNotaryorg Item #5907 Reorder: Call Toll-Free 1-800-876-6827 ACKNOWLEDGMENT State of California County of Orange ) On January 17, 2013 before me, Susan Pugh, Notary Public (insert name and title of the officer) personally appeared Dwight Reilly who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/arm subscribed to the within instrument and acknowledged to me that he/shetttw executed the same in his/ire authorized capacity(ues), and that by his/b[ef & 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. SUSAN PUGH WITNESS my hand and official seal. < COMM. 01934229 M '?? Notary Public-California 9 ORANGE COUNTY W My Comm. Expires Apr 2g, 2015 Signature ??k-- ? (Seal) Susan Pugh Tel (973) 624-7200 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY ALLEGHENY CASUALTY COMPANY ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 KNOW ALL MEN BY THESE PRESENTS: That< INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the "State' of New Jersey, and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the State of Pennsylvania, having their principal office in the City of Newark, New Jersey, do hereby constitute and appoint DWIGHT REI'LLY, ARTURO AYALA, DANIEL HUCKABAY Orange, CA. their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity' and other writinggs obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INfiERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By-Laws of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 20th day of July, 2010 and by the Board of Directors of ALLEGHENY CASUALTY COMPANY at a meeting duly held on the 15th day of August, 2000: "RESOLVED, that (1) the President, Vice President, or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attomeys-in-Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written' obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments' of joint-control custodians, agents for acceptance of process, and Attorneys-in-fact with authority to execute waivers and consents on behalf of the Corporation; and 3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, rec nizance contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the G4orporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and attested these presents on this 12th day of March, 2012. GASUAZry STATE OF NEW JERSEY C +t?t County of Essex N 1936 1904 ROBERT W. MINSTER j Executive Vice President/Chief Operating Officer 'dYLV (International Fidelity Insurance Company) and President (Allegheny Casualty Company) On this 12th day of March 2012, before me came the individual who executed the preceding instrument, to me 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 ; that the seals affixed to said instrument are the Corporate Seals of said Companies; 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 frst above written. s ' A NOTARY PUBLIC OF NEW JERSEY %, "•; ;'"0y,.w My Commission Expires Mar. 27, 2014 h+ee?wtF+?+?? CERTIFICATION I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that 1 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, I have hereunto set my hand this 17th day of January, 2013 MARIA BRANCO, Assistant Secretary 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 PDF'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, NJ 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: I NEW JERSEY 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 California Department of Insurance Page 1 of 1 http://interactive.web.insurance. ca. gov/companyprofile/companyprofile?event=companyPr... 2/19/2013