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HomeMy WebLinkAbout030606 AA and Contract Ward-Bowers Overflow Prkg LotREQUEST FOR AGENCYI COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 6, 2006 TITLE: APPROPRIATION ADJUSTMENT AND CONTRACT AWARD FOR BOWERS MUSEUM OVERFLOW PARKING LOT (PROJECT NO. 06 -3000) CITY MANAGER 4-P $d�cation 1s[ _ CLERK OF COUNCIL USE ONLY: /Ylo han •�,YP sty P.�;� AbsWMd 2.Jd . 66 lore o RECOMMENDED ACTION COMMUNITY REDEVELOPMENT AGENCY Z� APPROVED b.10 �j As Recommended ❑ As Amended ❑ Ordinance on 1� Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution funding the construction of a publicly owned improvement, a parking lot, at 2129 North Main Street in the Merged Redevelopment Project Area. CITY COUNCIL 1. Adopt a resolution consenting to the payment by the Community Redevelopment Agency of the cost of construction of a publicly owned improvement, a parking lot, at 2129 North Main Street. 2. Approve an appropriation adjustment accepting $445,900 from the Merged Redevelopment Project Sale of Land Area Fund (account no. 570 -01 -5721) and appropriating the funds to the Merged Redevelopment Project Area Capital Improvements fund (account no. 570 - 936 -6631 Project 06- 3000). 2. Award a contract to Hardy & Harper, Inc., the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $356,715.10 for construction of a new off -site parking lot of the Bowers Museum. 3. Approve a Funding Analysis with a total estimated construction cost of $445,900. 3.A. -1 AA and Contract Award for Bowers Museum Overflow Parking Lot (Project 06 -3000) March 6, 2006 Page 2 DISCUSSION In September 2005, the City Council and Redevelopment Agency approved and authorized several actions to facilitate the 30,000 square feet expansion of the Bowers Museum. The parking demand generated by the museum expansion requires supplementing the proposed on -site parking with additional off -site parking. The proposed 94 -space parking lot is located at the southeast corner of Main & Buffalo (Exhibit 1). This project provides for the construction of a new parking lot with landscaping, lighting signage and irrigation. Once completed, these improvements will provide the additional parking demand of the museum. The Notice Inviting Bids was advertised on February 1 and 3, 2006, and bids were opened on February 21, 2006. A summary of the bid invitations mailed, received, and bid results follows: Santa Ana Contractors receiving notices: Contractors requesting bidding documents Bids received: Bids received from Santa Ana Contractors 11 14 6 1 Name Of Bidder City Bid Amount 1. Hardy & Harper, Inc. Santa Ana $ 356,715.10 2. Excel Paving Company Long Beach $ 364,870.00 3. International Pavement Solutions, Inc. Mentone $ 374,890.00 4. L H Engineering Company, Inc. Anaheim $ 388,224.00 5. Faris Construction Company Dana Point $ 424,998.93 A total of 6 bids were received and all but one were responsive. Commencement of construction is scheduled to begin April 2006, and will be completed in August 2006. Under State law, a redevelopment agency is permitted, with consent of its city council, to pay for construction of publicly -owned improvements under certain conditions. This project meets those requirements. 3.A. - 2 AA and Contract Award for Bowers Museum Overflow Parking Lot (Project 06 -3000) March 6, 2006 Page 3 ENVIRONMENTAL IMPACT Pursuant to the California Environmental Quality Act, Environmental Review No. 2005 -45 has been completed and a Negative Declaration has been filed for this project. FISCAL IMPACT The Funding Analysis shows a total estimated construction cost of $445,900 for the project (Exhibit 2). Funds are available in the Merged Redevelopment Project Area Capital Improvements fund (account no. 570- 936 -6631 Project 06 -3000. James G. Ross Executive Director Public Works Agency kC a, Patricia C. Whitaker Executive Director Community Development Agency PCW /JLQ /mlr APPROVED AS TO FUNDS AND ACCOUNTS: �M.C�]ZLti . Francisco Gutierrez Executive Director Finance & Management Services Agency H: \ACTIONS \2006 CC \JT CC -CRA AA- ContAwardBowersParkingLot 3.A. - 3 3 -6 -06. doc THIS PAGE LEFT INTENTIONALLY BLANK 3.A. - 4 RESOLUTION NO. CRA 2006 -xxx A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA AUTHORIZING THE COMMUNITY REDEVELOPMENT AGENCY TO PAY THE COST OF CONSTRUCTION OF A PUBLICLY OWNED IMPROVEMENT, A PARKING LOT LOCATED AT 2129 NORTH MAIN STREET, PURSUANT TO SECTION 33445 OF THE HEALTH & SAFETY CODE BE IT RESOLVED BY THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA, AS FOLLOWS: Section 1: The Board of the Community Redevelopment Agency of the City of Santa Ana hereby finds, determines and declares as follows: A, The Community Redevelopment Agency of the City of Santa Ana (hereinafter referred to as the "Agency ") is engaged in activities necessary to execute and implement the Redevelopment Plan for the Merged Project Area (the Redevelopment Plan "), in the area formerly known as the Central City Project Area. B. Section I, Paragraph B of the Central City Redevelopment Plan, as amended, states that the "provision of substantial offstreet parking" in the project area is necessary to implement the objectives of the Plan. Section III, Paragraph G.2. of said Plan further provides that the Agency is authorized to construct public improvements and public facilities necessary to carry out the Plan. C. The most recent Five Year Implementation Plan of the Agency further provides that one of the prospective projects of the Agency for the period of July 2005 to June 2010 is: "Expansion of the Bowers Museum." D. Section 33445 of the Health & Safety Code, part of the California Redevelopment Law, provides that the Agency may pay for the cost of construction of a public improvement, upon the consent of the City Council of the City of Santa Ana, if the following findings can be made: 1. That the public improvement is of benefit to the project area or the immediate neighborhood in which the project is located; 1 3.A. - 5 2. That no other reasonable means of financing the public improvement is available to the community; and 3. That the payment of funds for the cost of the public improvement will assist in the elimination of one or more blighting conditions inside the project area. E. The City of Santa Ana is the owner of a vacant lot, located generally at 2129 North Main Street, within the former Central City Project Area. The City desires to construct a public improvement, a parking lot, on this vacant lot, primarily to serve as additional public parking for employees and visitors to the Charles W. Bowers Museum, a City owned, nationally renowned museum, currently being expanded. F. The City lacks funds to pay for the construction of a parking lot at this time. G. Construction of a publicly owned parking lot at 2129 North Main Street will assist in the elimination of one or more blighting conditions in that it will help reactivate the east side of north Main Street, provide additional public parking for the expanded Charles W. Bowers Museum, the cornerstone of the City's Museum District, and is called out for in both the Central City Redevelopment Plan and the most recent Five Year Implementation Plan. H. The Central City Redevelopment Plan was last amended to add territory in 1975. For this reason the findings specified in section 33445(b) of the California Health & Safety Code, although set forth above, are not required. I. Negative Declaration for Environmental Review No. 2005 -45, was approved and adopted by resolution which came before the City Council on this date. This resolution incorporates by reference, as though fully set forth herein, said Council resolution and the Negative Declaration. Section 2. The Agency is hereby authorized to contribute up to $445,900 in Agency funds from the Merged Project Area for this publicly owned improvement, in accordance with that certain Cooperative Agreement between the Agency and the City of Santa Ana. Section 3. The Executive Director of the Agency is hereby authorized to take all steps, and to sign all documents and instruments necessary to implement and carry out the Resolution on behalf of the Agency. 2 3.A. -6 ADOPTED this day of 2006. Miguel A. Pulido Chair APPROVED AS TO FORM: Joseph W. Fletcher, General Counsel By: Benjamin Kaufman Assistant General Counsel AYES: Boardmembers: NOES: Boardmembers: ABSTAIN: Boardmembers: NOT PRESENT: Boardmembers: CERTIFICATION OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Secretary of the Agency, do hereby attest to and certify the attached Resolution No. to be the original resolution adopted by the Community Redevelopment Agency of the City of Santa Ana on Date: Secretary City of Santa Ana 3 3.A. -7 THIS PAGE LEFT INTENTIONALLY BLANK 3.A. - 8 REQUEST FOR APPROPRIATION ADJUSTMENT Appropriation Adjustment No: 'e: March 6, 2006 uepartment: CDA TYPE OF ADJUSTMENT QTransfer of Funds (No Council Action Required) ® Transfer of Funds (Council Action Required) From: Merged Redevelopment Project Area Fund - Activity - Account Amount 570 -01 -5721 $ 445,900 Council Action 20 Approved: El Yes 0 No Clerk of the Council To: Merged Redevelopment Project Area 570- 936 -6631 $ 445,900 Pro!. 06 -3000 JUSTIFICATION FOR REQUEST: To recognize funds from the sale of land and appropriating the same to the Bowers Museum Expansion project. Head! APPROVED AS TO FUNDS AND ACCOUNTS: APPROVED: Accounting Date City Manager Date PREPARATION: -nit original with department head signature to Finance /Accounting M -17, and a control number je assigned. Upon approval from the Finance Director and the City Manager, a photocopy of the signed original will be forwarded to the department. For appropriation adjustments requiring Council action, the Clerk of the Council will provide photocopies for the department and Clerk's file. 3.A. - 9 THIS PAGE LEFT INTENTIONALLY BLANK 3.A. -10 PROJECT I IMITc• EXHIBIT 1 N (NTS) SANTA ANA P` CITY COUNCIL Title: AGENDA DATE: PROJECT 06 -3000 - BOWERS MUSEUM MARCH 6, 2006 OVERFLOW PARKING LOT VNBL[ WBBC5 AGFNCI THIS PAGE LEFT INTENTIONALLY BLANK 3.A. -12 FUNDING ANALYSIS PROJECT 06 -3000 BOWERS MUSEUM OVERFLOW PARKING LOT Construction Contract $356,715.10 Contract Administration 14,165.90 Inspection and Testing 21,718.00 Survey 17,621.00 Contingencies 35,680.00 TOTAL ESTIMATED CONSTRUCTION COSTS $445,900.00 Exhibit 2 3.A. -13 THIS PAGE LEFT INTENTIONALLY BLANK 3.A. -14 r F O F i-r U o O S V� o� za W N N� O � v 6 W O C A N O m a O p O O O O O O O O O S O O O O S O O O O S b O V N S S r O O O S O O VOl S S S F O W P h G\ b O V O b Vl O O h h U O y p 69 vi Vi <9 f9 y 0 0 0 0 0 0 0 0 0 0 0 6 0 0 0 0 0 0 0 0 0 0 0 0 0 vt O O S 0 0 0 0 0 0 0 0 p& p O G9 vi 64 Vl f9 f9 VOi^ N vpi O S J tM�t � � O q °So oo•S o5 °o SS °o SSS S B ppS e$t pp O n N [x W W Cl f O �O W vpi �O b .r T S O Oho F h W h 69 69 A •H f9 69 (A d' N bi 69 vi h F U » O O S O O Sy O S S O O S S O S�� oy ( ee g 9 b W Yf 6N9 (A O O Vi Vi 9 Yi (A (9 C .y azF' Q O S p .hi S S d S b [y t O b 19 01 W O 1p O A. 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'N f•a rL prr] 'ICS 7i `1 P QF� �pCq U 3 A iy A L U'.% � FFYY •� A.tl �3 `� W �8 U UU �F a O R G i Ar, g p U]dC aa`v ro U m fA oo m° w� •-� N m V H b n oo rn o .-+. .Ni .m. .Vi � b n o'0 m N 46 N N cu a CITY OF SANTA ANA PROJECT 06 -3000: BOWER'S MUSEUM OVERFLOW PARKING LOT PROPOSAL & CONTRACT AGREEMENT BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA a ; •� 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 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: Item # Bid Item Unit QuantitY Unit Price Amount 1. Clearing and Grubbing LS 1 $ c101 $ $O, op.6b 2. Unclassified Excavation CY 108 $ 7,00 , csa $ 1 LOW. U�3 3. A.C. Pavement TN 767 $ gb °�so $ (-4''6 0 can 4. A -2 -6 Curb and Gutter LF 650 $ 5. Modified A -2 -6 Curb LF 585 $ \ 3, 2 $ 89z I Z5 6. PCC Curb Ramp SF 356 $ i 0 . �� $ (0 COO 7. Parkway Culvert LF 80 $ au 8. 4" PCC Sidewalk SF 660 $ Sp U0 9. 8" PCC Driveway Approach SF 475 $ i , ! S $ �s 10. Bollard Assembly EA 2 $ ZOp,� $ Cy) 11. Furnish and Install Trash and Debris EA 3 $ 56O Cso $ 0p Guard 12. Striping and Signing LS 1 $ lop, $' gyp 13. Irrigation LS 1 $ fR� 38_T411 00 $--3-K,917, 14. Landscaping LS 1 $ z301SS,`R$_�3__I1 S W BPIof13 CITY OF SANTA ANA BOWER'S MUSEUM OVERFLOW PARKING LOT PROPOSAL & CONTRACT AGREEMENT BID PROPOSAL, continued Item # Bid Item Unit Quantity Unit Price Amount 15. Furnish and Install Queen Palm (24" EA 6 $ 400 A ut-) $ Z 4 00. CSta box) 16. Furnish and Install London Plane EA 5 $ 38b, $ G R per, cs� Tree (24" box) 17. Furnish and Install Brisbane Box (15 EA 19 $ �qp $�� (s0 gal.) 18. Furnish and Install Bouganvilla EA 16 $ -12, CSC g z cS?� (Red) (5 gal.) 19. Lighting System LS 1 $ 102 �,� $ la2bo� u C�� TOTALBID---------------------------------------------------- ---- ------ ----------- -- --- - -- $ -' 5—Lo -j w S a Q PROJECT 06 -3000: BIDDER BOWER'S MUSEUM OVERFLOW Firm HARDY & MFA F B, INC. PARKING LOT Address 1312 E. WARM AVE. I' BP2of13 CITY OF SANTA ANA PROJECT 06 -3000: BOWER'S MUSEUM OVERFLOW PARKING LOT 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; '' /z% of the bid or $10,000, whichever is greater - Buildings, parks, or other projects: %z% of the bid BIDDER proposes to subcontract certain portions of the work to the firms listed below: NAME Sc NAME L, , A. �i � LOCATION �Z Z. _(} LOCATION ; a) t ou T\jpA PHONE PHONE Co2ln ti -1 v��r� TYPE OF WORK d. oSc ap Q $fig 00 TYPE OF WORK t , kTN e cj $_�p�'R-1 O, � NAME `C1i�QlilY�Ck �� i�rp LOCATION PHONE ( 9 SI> 2"19 _I(Nlc 44 TYPE OF WORK (oc n$ 4Li 4sn. I NAME LOCATION _ PHONE TYPE OF WORK t►X"k a LOCATION PHONE TYPE OF WORK NAME LOCATION PHONE TYPE OF WORK NAME LOCATION PHONE TYPE OF NAME WORK LOCATION PHONE TYPE OF WORK' $ NAME LOCATION PHONE TYPE OF WORK NAME LOCATION PHONE TYPE OF WORK BP3of13 CITY OF SANTA ANA PROJECT 06 -3000: BOWER'S MUSEUM OVERFLOW PARKING LOT 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 r 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 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. Naive of Firm h Signature of Bic Title (if an NIOM116IM0111 G11i , so state) BP4of13 CITY OF SANTA ANA PROJECT 06 -3000: BOWER'S MUSEUM OVERFLOW PARKING LOT 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.) FRED T. MAAS, JR. PRESIDWj'IREASURER TRENT KRISITI`I S. PAU-Eo _ 0auWATE SEC:RFrauv DAN T. MARS cm ACTION OF COUNCIL: Date ATTEST: 20 CLERK OF THE COUNCIL APPROVED AS TO FORM: ACCEPTED FOR THE CITY OF SANTA ANA: CITY ATTORNEY EXECUTIVE DIRECTOR PUBLIC WORKS AGENCY BP5of13 CITY OF SANTA ANA PROJECT 06 -3000: BOWER'S MUSEUM OVERFLOW PARKING LOT 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 tape 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 has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his /her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractor's non - compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. BP6of13 CITY OF SANTA ANA PROJECT 06 -3000: BOWER'S MUSEUM OVERFLOW PARKING LOT 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, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any contractor of public works violating this Sectio u ct to all t na ' imposed for violation of the Chapter. Signed Title VICE PRESIDENT Firm HARDY & HARPER, INC. 02/20/06 Date BP7of13 ::; CITY OF SANTA ANA PROJECT 06 -3000: BOWER'S MUSEUM OVERFLOW PARKING LOT 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 coverage reduced except upon thirty (30) days prior written notice to the City of Santa Ana. ro" Signed Title VICE PRESIDET Firm HMY & 1LIRPER, MC. Date 02/20/06 BP8of13 CITY OF SANTA ANA PROJECT 06 -3000: BOWER'S MUSEUM OVERFLOW PARKING LOT 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 ATTACHIM "A" 2 3. Name and Address of Owner. Name and Telephone Number of person familiar with project. Contract Amount Name and Address of owner. Type of Work Name and Telephone Number of person familiar with project. Contract Amount Name and Address of owner. Date Completed Type of Work Date Completed 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. CROSBY INSURANCE 0J1ApNY P.O.B OX 31150 ANAHEIM, CA. 92809 (714)221 -5200 KATHLEEN MARS TRAVaM CASUALTY AND SURETY OF AMERICA 21688 GATEWAY CQVI'ER DR. DIAMOND BAR, CA. 91765 91' ditfurth (909)612 -3650 BP9of13 & Harper, Inc. uaZtA" caaor"eo'r STATE LIC. Number 215952 1312 EAST WARNER AVENUE S SANTA ANA, CA92705 (714) 444.1851 • FAX (714) 444 -2801 ATTACHMENT "A" Name & Address of Rep & Telephone Type of Work, Year completed Owner /Agency & $ amount Santa Ana U.S.D. (714)558 -5614 Santa Ana High School #6 1601 E. Chestnut Ave. Fred 09/30/05, $1,010,090.00 Santa Ana, Ca. 92701 Placentia -Yorba Linda U.S.[) (714)996 -2550 Annual Concrete Maintenance 1301 E. Orangethorpe Rick Guadarama Contract 06/30/04- 06/30/05 Placentia, Ca. 92670 $500,000.00 Tustin U.S.D. (714)730 -7301 TustinH.S., Foothill H.S.,Arroyo 1302 Service Rd. Don Bishop And Nelson H.S. Tustin, Ca. 92780 $562,041.00 09/18/04 CITY OF SANTA ANA PROJECT 06 -3000: BOWER'S MUSEUM OVERFLOW PARKING LOT 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 employs journeymen or apprentices on the public work, in the same amount or upon the same basis and in the same manner as the other contractors, except contractors not signatory to the trust agreement shall pay a like amount to the California.Arnrenticcsh.m Ornunril Signed Title VICE Firm HARDY & HARPER, INC. (; 02/20/05 Date BP 10 of 13 CITY OF SANTA ANA PROJECT 06 -3000: BOWER'S MUSEUM OVERFLOW PARKING LOT 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, 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 ortion thereof shall also constitute signature of this Non - collusion Affidavit. Bidders are ca at makir g a alse rt fication may subject the certifier to criminal prosecution. Signed Subscribed and sworn to before me this Notary Seal: JO —A,NN LYON COMM. 115701461 �! WARY PUKIC- (,ALIFORNIAr4 OFtANfC COUNTY MY COMM. EMP. APR, 17, 2009 y BP 11 of 13 CITY OF SANTA ANA PROJECT 06 -3000: BOWER'S MUSEUM OVERFLOW PARKING LOT 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 be prohibited from inducing, by any means, any person employed in the construction or repair work, toXvp tp an �part of the compensation to which he /she is otherwise entitled. Signed Title VICE PRF9= Firm H9W & I1t1=, INC. Date 02/20/06 BP 12 of 13 CITY OF SANTA ANA PROJECT 06 -3000: BOWER'S MUSEUM OVERFLOW PARKING LOT 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. BANTA ANA, CA. 92705 Telephone: (714)444 -1851 State Contractor's License No. and Class: 215952 A,C- 8,C -12 Expiration Date: Signed: Title: ��a BP 13 of 13 BID BOND TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA Hartford, Connecticut 06183 KNOW ALL MEN BY THESE PRESENTS, that we Hardy & Harper, Inc. as Principal, hereinafter called the Principal, and Travelers Casualty and Surety Company of America a corporation duly organized under the laws of the State of Connecticut as Surety, hereinafter called the Surety, are held and firmly bound unto City of Santa Ana as Obligee, hereinafter called the Obliges, in the sum of * ** Dollars ($ 10% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Project 06 -3000: Bower's Museum Overflow Parking Lot NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter Into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished In the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. * * *(10) Ten Percent of total amount bid Signed and sealed this 15th day of ** 20 06 Hardy & Harper, Inc. (Principal) VICE PREST[M (Title) Travelers Casualty and Surety Company of America (Surety) (Sean Attorney -In -Fact (Title) The Company executing this bond vouches that this document conforms to American Institute of Architects Document A310, February 1970 Edition TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183 -9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S) -IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies ") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Dwight Reilly, Hal Dueck, Kathleen Maas, of Anaheim Hills, California, their true and lawful Attomey(s) -in -Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is shade under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chairman, any Executive. Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President -nay delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is a writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the. President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attomeys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and.by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS: CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. (02 -05) unlimited IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Vice President and their corporate seals to be hereto affixed this 28th day of February, 2005. STATE OF CONNECTICUT }SS. Hartford COUNTY OF HARTFORD WWYWWIx �tY A/y Rp��F�y W NARTPCRb, i u' q�19 $ 2 p d Via\ v�b hN +D ry • A� X I TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY George W. Thompson Senior Vice President On this 28th day of February, 2005 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn; did depose and say: that he /she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations described in and which executed the above instrument; that he /she•knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; and that he /she executed the said instrument on behalf of the corporations by authority of his /her office under the Standing Resolutions thereof. 0 t5 ftl My commission expires June 30, 2006 Notary Public Marie C. Tetreault CEl TIFICATE I, the undersigned, Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority; are now in force. Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this 15 th day of February 12006 •• ,WWA�W�.ba, �tY AN Pp6UIBfh� eJP °•S GABU�f ' l CXbEVN.•', ".+'f i 'CCNN. 0 7s�1,. t�D; IMAW By Nicholas Seminara Senior Vice President CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California I as. County of Orange On February 20, 200%eforeme, Jo -Ann Lyons Notary Public Dote Netne end Title of ORlcer (it,, "Jane Doe, Notary Pebllo") personally appeared Steve Kirschner Name(.) of Slgner(s) EXpersonally known to me ❑ proved to me on the basis of satisfactory evidence J�— IVN LYONS CO *1570145y NGihRY PU3lIC- CALIFORNIAy C),'AR;3F COUNTY r Y MY C,01 lid. C:XP. APR. 17, 2009 to be the person(A) whose name(o) is/am subscribed to the within instrument and acknowledged to me that he /a e/flay executed the same in hisA0r /tl=4r authorized capacity(#I), and that by his /laer /their signature(o on the instrument the person(#), or the entity upon behalf of which the person(o acted, executed the instrument. ?SSmyhap /Q a'n1d officials SlgnaWre of Notary Public OPTIONt Though the information below Is not required by law, it may prove valuable to persons relying on the docurnenl and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Bid Bond. Document Date: February 15, 2006 Signer(s) Other Than Named Above: None - - -- Capacity(ies) Claimed by Signer Signer's Name: Steve Kirschner Number of Pages: 1 ❑ Individual Top or thumb here Corporate Officer — Title(s): Vice President ❑ Partner — O Limited ❑ General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Hardy & Harper, Inc. 9 109U N3110W(Notary PSsoclatlon- 9150 Be Soto Ave., P.O. Box 2402- Chatsworth, CA 913132402• w1vwnetl0nelnotaryorg Pred. No. 6907 Reorder'. Cell TO Be. 1.800 9760827 CALIFORNIA ALL-PURPOSE ACKNOWLEDOMEN7 State of California County of Orange as. On February 15, 2006 before me, _Susan Pugh NOtarV Public Date Neme arW T11a of Oflleer(e.0•,'Jene Coe, Notary PublW) ' personally appeared Kathleen Maas Neme(e) of 816ner(e) "'SAN PUt3H COMM. # 1407796 NOTAriY PU®uDs CMJFORNW ORANGEccUNfY Comm. Ex . MARCH 26 2007 Place Notary Seal Above ,'personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(41 whose nameW IslaW subscribed to the within Instrument and acknowledged to me that Wshe /j>W executed the same in VfterlfflAr authorized capacity(WO, and that by A /herlWaW signatureoYon the Instrument the person(* or the entity upon behalf of which the person(Aj acted, executed the Instrument. WIT4ESS my hand,aSd offiClat�eal. Susan Pugh spnemre or Not ryOa 80 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: Bid Bond Document Date: February 15, 2006 Number of Pages: 1 Signers) Other Than Named Above: None-------------------------------------------------------- - - - - -- Capacity(tes) Claimed by Signer Signer's Name: Kathleen Maas • Individual Top of thumb here • Corporate Officer — Title(s): ❑ Partner —❑ Limited ❑ General Cf Attorney in Fact • Trustee • Guardian or Conservator ❑ Other: Travelers Casualty And Surety Signer Is Representing: Company of America 0 1997 National Notary Aeaoclatlon • 9360 De Sato Ave., P.C. Box 2402 • Chatewodh, CA 61313.2402 Prod. No. 5907 Reorder. Call Toll -Free 1-800 - 67&-8821 ORANGE COUNTY REPORTER - SINCE 1921 - 600 W SANTA ANA BLVD, SANTA ANA, CA 92701 - telephone (714) 543 -2027 / Fax (714) 542 -6841 Jay Ponce CITY OF SANTA ANA /PUBLIC WORKS PO BOX 1988 SANTA ANA, CA - 92702 PROOF OF PUBLICATION (2015.5 C.C.P.) State of California ) County of ORANGE )SS Notice Type: BID.- NOTICE INVITING BIDS Ad Descripelon: Notice Inviting Bids This space for filing slam, only OR#:921773 NOTICE INVITING BIDS NOTICE IS HEREBY GIVEN that the City of Santa Ana, Calilornla will receive at City Hall-Ross Annex, (0431, 20 Civic Center Mean Banta Ana, California 92701, the Public Works Atgncy Fourth Floor�ftec¢ o s on or bonds the hear 4 21 .I11),..p;,m on uesday. February 21. 2066 sealed bids andfdr irmia tlis %r " "' Plnjod 063000: Bowefa Museum Ovetllow parking lot (Work includes excavallon, asphalt concrete, Pee curb, gutter, sidewalks, driveway approaches, landscaping and irrigation, parking lot Iighling, slgnage, sirlping and markings,) I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the ORANGE COUNTY REPORTER, 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 06/20/1922, Case No, 13421. 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: 02/01/2006, 02/03/2006 Executed on: 02/03/2006 At Los Angeles, California I certify (or declare) under penalty of perjury that the foregoing is true and correct, 7�kau'-� Signature Each bid shall be accompanied by rash, a cash'mr's or r artfied check payable to the City of Santa Ana, or bid bond Issued by a corporate surety, far an amount nor less than ten percent (10 %) of lice aggregate of the bid as a guarantee trial the bides, will enter into the proposed Conrad if the .am is awarded to him. The signature of the Bidder on the bid bond MUST ba notarized. The Chy Council reserves the right to reject any or all bids. The successful Bidder must possess or obtain a valid California Class A Contractor s license prior to the Scheduled award date of this contract, Bnbefrtallon of securities for any monies withheld by the City of Santa Ana to emir. pedormanc, Is allowed in accordance whit the Public Contract Code Complete se ls l o the IPlane n tl S�&i r l I h upon o tC c Wrker Agpncv dditgetlon t F t FI 20 9 h t PI S t - Ana, California 2701, Priced 171 1 641 5680. There Is a $20.75 charge (non- refundable) ter these Plans antl lapel mailed ha n ke aabde ditional 1. the City of Santa Ana. 2/1,2/3106 011,9217730