HomeMy WebLinkAboutC27370A Mesa View Street Resurfacing 638-08REQUEST:
SUBMITTED BY:
APPLICANT:
DATE:
CONTENTS:
Recommendation:
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
Award Contract for Construction of the Mesa View Drive Street
Resurfacing Project (638-08)
Mark Greenwood, P.E., Director of Public Works
Hardy and Harper, Inc.
1312 E. Warner Avenue
Santa Ana, CA 92705
August 28, 2008
Contractor's Proposal
Contract Agreement
Vicinity Map
By Minute Motion:
1. Award Contract No.C27370, in the amount of $725,000.00, to Hardy
and Harper, Inc., of Santa Ana, California for Construction of the Mesa
View Drive Street Resurfacing Project (Project No. 638-08);
2. Authorize the Mayor to execute the subject agreement;
3. Approve a 10% contingency in the amount of $72,500.00; and
4. Appropriate $797,500 to Project Account.110-4311-433-3320.
Discussion:
On March 13, 2008 City Council authorized staff to call for bids for the repair and
resurfacing of Mesa View Drive. On May 27, 2008, sealed bids for the project were
opened and read aloud. After the bids were opened, Public Works staff learned of an
alternate method of construction that claimed to be more environmentally friendly. Staff
recommended that Council reject all bids so that the other method could be investigated.
At the June 26, 2008 City Council meeting, all bids were rejected and the project was re -
advertised. However, it was determined that the alternate method of construction, while
more environmentally friendly in some cases, would not be of benefit on this particular
project because the existing asphalt section is not thick enough. Using a fiberglass
pavement interlayer in the asphalt is more environmentally friendly, so that has been
added for this project.
Award Contract C27370 to Hardy & Harper, Inc.
Page 2of2
August 28, 2008
On August 5, 2008, sealed bids for the re -bid project were opened and read aloud. The
results from the bid opening are as follows:
Contractor
Hardy & Harper, Inc.
Ortiz Asphalt Paving
Hazard Construction
Granite Construction
Location
Santa Ana, California
Colton, California
San Diego, California
Indio, California
Bid Amount
$725,000.00
$737,197.64
$774,100.00
$777,175.00
As shown, Hardy & Harper, Inc, of Santa Ana, California, submitted the lowest responsive
bid in the amount of $725,000.00. Staff recommends that City Council award Contract No.
C27370 in the amount of $725,000.00 (plus a 10% contingency) to Hardy & Harper, Inc. for
construction of the Mesa View Drive Street Resurfacing Project (Project No. 638-08),
appropriate $797,500.00 to the project account, and authorize the Mayor to execute the
agreement.
Fiscal Impact:
This project was originally scheduled for Council approval at the June 26, 2008 Council
meeting, and budgeted in the 2007-08 fiscal year. Due to the process of rejecting all bids
and re -advertising, the funding for this project was lost at the end of the last fiscal year.
Staff does not want to reduce the street maintenance planned for the current fiscal year.
Therefore, staff requests approval to appropriate funds for this project in the amount of
$797,500 to Project Account 110-4311-433-3220.
Prey ed By•
R n GayW
P ject Aathininistrator
Approval:
Homer Croy
ACM for
-Or CI L. Ortega
City Manager
Departmn
Mark Greenwood, P.E.
Director of Public Works
Paul S. Gibson
Services Director of Finance
i
73 rl
..
ate+
G:IPubWorkslRyan GaylerlWord FileslStaf! ReportslAward Contract to Hardy andHer -08. rf
z
P4 W W D+ O Ca al $a
' na EEC z •:4 >
�����������r`� V��r���E���
���� V�e�� �ri�� �tree�. ��su�r��c6�g C�rojeet
I��oj��t Na. 638-08
�oc�tract No. C2737Q�
�Q: �ITY OF PALNi ���ERT, "Owner"
DAT�: . At.�gust 5 ,2008
BIDDER: Hardy & Harper,Tnc. "CONTRACTOR"
The UNDERSIGNED, "CONTRACTOR", having carefully examined the site and the
Contract Documents for the construction of, Mesa View Drive Street Resurfacing
Project, Project No. 638-08, Contract No. C27370, hereby proposes to construct the
work in accordance with the Contract Documents, including Addenda No(s). 1
for the amount stated in this Proposal.
By submitting this Proposal, CONTRACTOR agrees with Owner: - �
1. That unless withdrawn in person by CONTRACTOR or some person authorized in
writing by CONTRACTOR — not by telephone or telegram — before the time specified
in the Notice Inviting Bids for the public opening of bids, this Proposal constitutes an
irrevocable offer for 60 calendar days after that date.
2. The Owner has the right to reject any or all Proposals and to waive any irregularities
or informalities contained in a Proposal.
3. That the contract shall be awarded only by the governing body of OWNER. Said
contract shall only be deemed awarded after the CONTRACTOR'S complete
submission of all contract documents, bonds, insurance documentation, and the
OWNER shall obtain all necessary signatures of the governing body, at which time
the contract shall be deemed awarded.
4. To submit to Owner such information as Owner may require to determine the
Bidder's financial standing experience and to perform the work.
5. That the accompanying certified or cashier's check or Bid Bond constitutes a
guarantee that if awarded the contract, CONTRACTOR will execute the Agreement
and deliver the required bonds and certificates of insurance within 10 days after
notice of award. If CONTRACTOR fails to execute and deliver said documents, the
check or bond is to be charged with the costs of the resultant damages to Owner,
including but not limited to publication costs, the difference in money between the
amount bid and the amount in excess of the bid which costs Owner to do or cause to
be done the work involved, lease and rental costs, additional salaries and overhead,
increased interest and costs of funding the project, attorney expense, additional
engineering and architectural expense and cost of maintaining or construction
alternate facilities occasioned by the failure to execute and deliver said documents.
Page C-1
G� €s ���d�€�;�tooca t6��t 6��� c��u�r�titi�� �6�c���s��i �o�r��r�f ��d�.:�f �6r tho�e qG����ti�i�� r�r��{:��z
�`Luc�� ��rr�", ar� ���� �s�ir�nates �r�d tF�� f����� ��yr-�c���� �;riff be based �a���� �&�� actu�l
wc�r�� p�rform�d, �ub��ct tc� �uch adjustrn�nt �nd al��r�tians as el�euvh�r� pr�vided
f��reir�o
A 11 ' " �t 11 � • • �
1 Mobilization LS 1 $ �o odo $ za � �_� " �
2 Traffic Control LS 1 $ �o acry $ Za � - -
3 Localized Repair SF 52,000 $ 2 ,g� $ g 7�a -
4 2" Depth Cold Milling SF 87,500 $ . � $ 0( GZ� �
Engineered Paving Mat Interlayer
5 include crack filler where a licable SF 243,000 $ � 3-� $ o
Asphalt Rubber Hot Mix (ARHM)
6 2" Overlay SF 243,000 $ $
1/2" Maximum, Medium Caltrans Mix 1•�v� ���`� ��
7 Adjust Manhole Frame and Cover to EA 20 $ $ �
Grade ��o /y o00
8 Adjust Single Valve Frame and Cover EA 7 $
to Grade � �'ao � 3 �oo
9 Adjust Double Valve Frame and Cover EA 3 $
to Grade �0°� � 3o d°a
Adjust Triple Valve Frame and Cover
10 to Grade EA 11 $ �Zon � �3 Zoo
11 Si nin and Stri in LS 1 $ IZ OG5 $ OZ o65'
� 12 S ecial Services LS 1 $20,000.00 $20,000.00
TOTAL BID PRICE $
� 25 Ooo . o0
Page C-2
�r h� ���t� a� �r�y �r��r� �i��v��c� ��r� r���..��r�r� Qr� ��� �6�r�� a�d ���ci�o���r�,��, ���� ri��zi
�p�ci�ic�fly id�d�tifiei� a� � ���� iie�r� a�e i€�clu��d �r� th� r�iated �ay it�����), a�7d nc�
��Iditi��al com�ensatior� s���:€f be ��� ���1���CTU� �y virtue �f Cf�f���A�T(���'�
eai�piiar�ce with tt�e f�lar�s anc� Sp��ificati�ar�s.
TOTAI AMOUNT BAS� BI� IRl FIGURES $� �c..S 0� . o� ���
TOTAL AMOUNT BASE gID IIV !/`/OR�S ����� f�'��t1171�1. ��tf'v FP��r 7�faclS�Fi��'
�°��TLS �J� �10 �EeJ�'"�
IN WITNESS WHEREOF C TOR e e ut this propo al as of date set forth on
Page C-1:
By:
- eve Kirs ne �9nature
Title: Vice President
_ _ '�.�-� ; j.,.�l ._���� NTRACT
� `�
�
� 4
�' 7� �� t r1 i;�' � �L.�fi� �i�.�Fo�A� Attest b . '" .
' �����a z ` C7�: ����.re CC:�J�JTY � Y
��. � Not ublic in and for ' County and State
�� � C`�=�! , r��. r��t ��. 200�
� -�,.:: ti, . e:r-��,�-�-
Title:
Page C-3
����or����ic�� �r�������� �� �E���r
@c h� f�i�d�r i� r�quir�c� tc� s�p�ly tE�� ��I{�wF��� ir�fo�m�ti�n. �cRditi�r�al �h���� may
b� attached if nec��sary.
(1� Address 1312 E. Warner Ave. San�a Ana, Ca. 927�J5
(2) Telephone No. 714 444a�1851 � ___ _
(3) Type of Firm (Individual, Partnership or Corporation) Corpc�ration
(4) Corporation organized under the laws of the State of Califarnia
(5) Contractor's License No. 215952 Exp. Date 12/31/09
Contra tor hereby wears under penalty of perjury that this information provided
is nd corre t.
By: Title: Vice President
i nature Contractor
Steve Kirschner
(6) List the names and addresses of all owners of the firm or names and titles of a�l
officers of the corporation:
Fred T. Maas Jr. President 1312 E. Warner Ave Santa Ana, Ca. 92705
Steve Kirschner Vice President 1312 E. Warner Ave Santa Ana, Ca.
Kristen S. Paulino Corp Secretary 1312 E. Warner Ave Santa Ana ,Ca.
Dan T. Maas CEO 1312 E. Warner Ave. Santa Ana, a. 92705
(7) Number of years' experience as a Contractor in construction work 61 Years
(8) List at least three similar projects completed recently:
Contract Amount Class of Work Date Completed Name, Address &
Tele hone No. of Owner
1.
See Attachme t "A"
2.
3.
Page D-1
L�.ttaC11111�I1t cc�'�
Name Contact Project Location
City of Mission Viejo - Mark Chagnon Various overlay of streets
27204 E. La Paz Rd (949) 470-3091 June 2007
Mission Viejo, CA 92692 $ 1,650,000.00
City of Norco Douglas Narfolk Riding Ring Rd Improve.
2870 Clark Ave (951) 545-7894 July 2007
Narco, CA 92860 $ 600,000.00
City of Perris Lyle Hawkins Ethanac Road Const.
- 101 North "D" St (714) 493-0306 May-July 2007
Perris, CA 92570 $ 1,850,000.00
City of Agoura Hills Jay Patel 2007-08 Street Resurfacing
30001 Ladyface Ct (818) 597-7327 June-July 2007
Agoura Hills, CA 91301 $ 850,000.00
County of Riverside David Hylkeman Cornita ResLufacing
Transportation Dept. (951) 955-6885 March-June 2007
2950 Wasliington St $ 1,265,000.00
Riverside, CA 92504
City of Westininster Dave Sanchez Citywide Cap & Slurry Seal
Civic Center (714) 898-3311 July 2007
8200 Westminster Blvd � $ 998,000.00
Westminster, CA 92683
(9� ���� ��u� rt�.��c� �r�� �c�c���rs��� �� �a�i� ���b��r��r�.=���� �uh� �vi�� ���r��€��n �f�Ek ir�� c�r�
�b�ut the ;ni����k i��prav�i�en�, a��€d i��i���� wf�at �orii�ar� ��ff�� �v�r�� anriEi �e d�r�� ��< ��c,l-�
��b�ontr�c�or:
Subcontra�tor"s IVame: �?�UF�,sE?�f�� �t����� _
LicenseNurr�b�r: ��"����
Address: ���`�� �1 . ��-A UC% 5� ,4N�f.f�/� �/� 1 ��`� �
Telephone: ��� ��� �d��
Workto be performed: _ A�Pltl4�T' ��3�3�-
Subcontractor's Name: t�Rl:G15(b� co�D 1����I�A�G PN� �
License Number: 8326�(0
Address: �'�55 2 ChGlM�S� 1�t1'D . }�'3e�)t�l�" , � �2��I'
Telephone: �0� 7�� ��d
Work to be perFormed: ��n Ml�<N�
Subcontractor's Name: ����A-IIG�}i� Co .
License Number: ��Z36q �
Address: �`��a �'�7ZG��`L' /Kl�- �IA�L� b c.�}' q237�
Telephone: Ro°� ��'`t Z9 3�
Work to be performed: �(�'(A�G � StG�J��G
(10) List the name of the person who inspected the site of the proposed work for your
firm Corey Kirschner
(11) A financial statement or other information and references sufficiently
comprehensive to permit an appraisal of your current financial condition may be
required by the Owner.
Page D-2
���uw�����.a�s�r� ��fic�a���
`�� b� �x�c�°��� �� �ie�d��• ���1 ��a�r�i��e� �,re�h ���
S�A�TE O� �e4LI�ARPEI�)
) ��
�f,l1NTY OF RIVERSID�)
Steve ISirsctzner , being first duly sworn, deposes and
says that he/she is vice presi ent of Hardy & Harper, Inc. , the
party making the foregoing bid; 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 th� bidder has not in any manner, directly or
indirectly, sough# by agreement, communication, or conference with anyone to fix the
bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element
of the bid price, or of that of any other bidder, or to secure any advantage against the
pubic 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.
Subscribed and sworn to, before e this 4th da of August , 20 o s ,
By:
Stev Kirsch e Signature
Tltle: Vice President
CONTRACTOR
��._.. r _ ...-w_ .�.,_ �.-'a..�."�'
�r _ / � s j 1 ���d�'' ��
� ] )
v�1 ��' � � � � '" �� ':'! :0��� �'i
i ,z /�}} }
� �a ' �' ��;! �-�L' °f� 'fiLi��1�Pd1'�g,� r1LLPiSI By. �
''�`����' ' ° ' '��'� ' °''�'���� � Nota ublic in and for sa unty and State
� ��
� � r r�,. ��i i �i, %Pa�€?+:
,�z.�'-�.. � . — . . , ' ., "�.i' ..
Title:
Page E-1
��lJGJ��9� GJVI'�Id
`�o E;�cornpany Propdsaf
K`JC1W ALL MEN �Y THESE Pf;�SENTS,
�"hat w�, HARDY&HARPER, i�vc. __ as principai,
���f INTERNATIONAL FIDELITY INSURANCE COMPANY aS surety, are held and
firmiy bound unto the City of Palm nesert in fhe sum of$�o°io*** (10% of bid)
to be paid to the said Owner ar its �ertain a�torney, its successars and assigns; for
which payment, well and truly to be made, we bind ourselves, qur heirs, executors and
administrators, successors or assigns,jointly and sev�r�lly, firmly by these presents.
THE CONDITl�N OF_jHIS OBLiGATiON IS SUCFi, that if the certain proposai of the
above bounden principal ta psrtorm certain work described as follows:
The_Aenera[ items of work to �e done hereunder�onsist of; mobilization� clear�nq
and �Irubbinq: asahalt cancret� pavementt_millina af existina �snhalt far header
cuts �and edqe �rinds, full depth Iocalized re air af damaqed asnhalt concret�; �
applicatian of asahait rubb�r hot mix (ARHIUI� averf ay_ or_Conventiona! asphalt
aancrete overlav; adiustment of manhole frame and c�vers to�arade; ad,justment
of water v�ye cavers ta�qrade: instalfation o{ strir�inq= p�ve�nent mark9ngs and
�aveme„�„t_markers� and iristallatian of traifiC contral devic�s required durinA
.,.. - —
Constructian of the Improvements and aft ap'purtenant wQrk as reauired bv the
plans and s�ecifications.
and dated AUGUST 5,2ooa is accepted by the City of Palm Desert,
a�d if thQ�bOVG bOUI1CI�11 pl'If1C��aI HARDY& HARPER, iNc. shall
duly enter into and execute a confiract for such construction, and shall execute and
deliver the !'erfvrmanCe Bond�nd Payment Bond and insurance certificates as required
by said contract, then this obligation sh�ll become null and void; otherwise it shali be
and remain in full force and effect.
Should it b�come necessary for the owner to institute a fawsuit, ar any athe� le��l
proc�eding to enforce the terrns and conditions of thfs bond, then all costs af said
praceeding, including attorrtey's fees, shall be awarded fo the prevai{ing party.
Page F-1
��! V1IiTNES�Wf��f�EC��=, V1�e here�r�i�o ��t o!,�� i���nda �r?d ���:jl�thi�_ so-i H , ,�au
Of JULY 2� �$
C�NT�ACTORS Name: H HARPER, . ,
CONTI�ACTQR'S Signature;
ve K' s hner
�fitle: Vice President
Addr�SS: 1312 EAST WARNER AVENUE, SANTA ANA, CA 92705
T��6phd�e: 714)444-1851
SUf��/�5 NaCI"le: INTERNATIONAL FIDE�ITY INSURANCE COPANY
Surety's Signature: _ _ ��
DWIGHT REILLY �
TIt1B: ATTORNEY-IN-FACT
AddTess: 13400 SABRE SPRINGS PARKWAY, SUITE 270, SAN DIEGO, CA 92128
Tetephane: $58) 513-1795
P�ge F-2
���������l� ���l�m����='��� ���6�����,��� ��1�'
t'...!>r`C'�* ,�r:^E`.y_^^"-��;` {r,.,:�E���^(�:1.'����:.�.�'.<.t:t�/�'�r��,C` 'i�.::%i_._�ti;n.^��,..,�„1.�1..F'. �',�h�.�.�. :.c u 1.`��'� --�y-^C`-`._r'�..�C;:�;`u
State c�f Californi�
County of Oranqe _
On August 4, 2008 __ before me, Jo-Ann Lyons, Notary Public ,
Date Here Insert Name and Title of the Officer
personally appeared _ Steve Kirschner
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person(rj whose name(a�is/a�subscribed to the
within instrument and acknowledged to me that
he/s�!/tl�r executed the same in his/i�!►/tI�Y authorized
- capacity(i�), and that by his/I�r/ti�r signature(�j on the
instrument the person(67), or the entity upon behalf of
ur�
which the person(�j acted, executed the instrument.
� . =: <. ��1 f�5��,
,�,., � ' �, ,��i����� I certify under PENALTY OF PERJURY under the laws
' :r���-{��;��;� of the State of California that the foregoing paragraph is
i , ��&i ,. i�^
�,;� �� :� , ��'� � r� ,�.r�����'r' �-��� true and correct.
� 4:� " ;�2. i7. 2C��!:
.�w�;-
�"� �" WITNESS y and and o � ial seal.
Signature �
Place Notary Seal Above Signature of Notary ublic
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
� Bid Bond
Title or Type of Document:
Document Date: July 30, 2008 Number of Pages: 2
Signer(s) Other Than Named Above: Dwight Reilly
Capacity(ies) Claimed by Signer(s)
Signer's Name:_ StPve Kirschner Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer—Title(s): Vis�-Prgsiden+- ❑ Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General
❑ Attorney in Fact � � ❑Attorney in Fact . • -
❑ Trustee Top of thumb here �TI'USt82 Top of thumb here
❑ Guardian or Conservator ❑Guardian or Conservator
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
Hard�i�Harper, Inr
OO 2007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotary.org�Item#5907 Reorder.Call Toll-Free 1-800-876-6827
. �.�_,p�:.� -�.- .�-,.��-�,:_.�.,��_.���..�� -� �
��������,�-������
State of California
County of ORANGE �
On JULY 30, 2008 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(�) whose name(� is/�e
subscribed to the within instrument and acknowledged to me that he%�f�� executed the same in
his/17����ry�authorized capacity(�, and that by his/DC�,�K signature(�) on the instrument the
person(�, 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. '
SUSAN PUGH
WITN ESS my hand and official seal. ��t� commisston # i�3a68o
Z •"�_ . Notory public -CaUfornlo �
� Orange County
? /� tv►YCa�nm.E�es Mca 28.2011 +
Signature�'��� -���.-��%� (Seal)
SUSAN PUGH
'�',,.; �c,7')f,7.�-"?>.�0 T�Y,�� �—� `� � s� ,r��,¢ �i�,,� ����—;r
���� C �..�&.� l� � ,,. b 1: v�_��� la.
���.�r��,u�-�C��`����l°��� �`��_�:�����:_`� �' ����r����'r/�.��!�A�� �r��.�l��.����!�r
H�tIViE O��I�L: O1dE NG�ifF,-F�4 ��''N'i'EF°� "l0'�'ii ��,l�Cl�
NLiVRI:I;, l`:�,VJJL;RS3sS' ('710�,-�7,�J7
�Vd:W.9llat�55�1"if6�E'�i1JPiiil6.�171'Y�7Liitrh���,11se��jlY�
KNOW AI,L R�;N QY'I'I3YsS1,PRLSEN'fS: That IlV'I'EI�IY�,TIONAl.FLDEi.i'i'I'�,'VSUYieWCE.C�MI'ANl', a coeporation organized and existing
taws of die State nf New Jersey,and having i[s principa!office in the Ciry of Newark, New Jersey,does hereby consritute and appoint
___ _._...._... ___ ____. .............. .........._,..._.._.,... ... ..... _._.....
UWIGI-3T REILLY, HAL DCIECIK
Anaheim, CA.
_ . ._ .._ . .. _ _ ..... ... .......__ -
_..... .. ........ . ..... ___..._
its 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 indemniry and
other writings obligatory m the nature thereof,which are or may be allowed, required or pernvtted by law,stature eule re&ulation,contract or otherwise, and
the execution of such mstniment(s) in pursuance of these presenu, shall be as binding upon the said INT�RNATIONAL �IDELITY INSLJKANCE
COMPAIYl', as Cully and amply, to alt intenu and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its
principal office.
This Power of Attorney is executed and may be tevoked,pursuant to and by authority of Article 3-Section 3,of the By-Laws adopted by the Board of
Directors of INTERNATIONAL FII)ELI1'Y INSURANCE COMPANY at a meeting called and held on the 7th day of February, 1974.
The Presidant or any Vice President, Executive Vice President,Secretary or Assistant Secretary,shalt have power and authority
(I)To appoint Attomeys-in-fact,and to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto,bonds and
undertakings,contracts of indemnity and other writings obligatory in the nature thereof and,
(2)To remove,at any time,any such attorney-in-fact and revoke the authoriry given.
Further,this Power of Attomey is signed and sealed by facsimile pursuant ro resolution of the Board of Directors of said Company adopted at a meeting
duly called and held on the 29th day of Apnl, 1982 of which the following is a t�ue excerpt
Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by
facsimile,and any such power of attorney or certifcate bearing such facsimile s�gnatures or facsunile seal shall be valid and bindmg upon the Company and any
such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any
bond nr undcrtaking ro which it is attached.
��,�,ITY/pf IN TESTTMONY WHEREOF,INTERNATIONAL FiDELITY INSIJRANCE COMPAIYP has caused this instrument to be
l�\O�pop-��/� signed and its corporate seal[o be affixed by its authorized officer,this 29th day of August,A.D.2003.
y� G w� Z IIVTERNATIONAL FIDELITY INSURANCE CO NY
a SEAL �
� STATE OF NBW JERSEY
� y �9�� p County of Essex
�d��'1Etl`' 3`
1N� � �� Secreta
On this 29th day of August 2003, before me came the individua!who exacuted the preceding���ms[rument, to me personall known, and, being by me duly
sworn, said the he is the therein described and auUtotized officer of the IN1'ERNATIONAL FIDELTI'Y INSURANCE C�MPANY;that the seal affixed to
said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of
said Company.
�ARQ� IN T�STIMONY WHEREOF,I have hereunto set my hand affixed my Official Seal,
�Q`' � at the Ciry of Newark,New Jersey the day and year first above written.
� NOTARY �,,,
O �
� PUSLIC �
'k * � L�
2�'i'JEA`�G�
A NOTARY PUBLIC OF NEW JERSBY
CERTIFICATION My Commission Expires Nov.21,2010
I,the undersigned officer of INTERNATIONAL FIDELI'I'P INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the
Power of Attomey and affidavit,and the copy of[he Section of Che$y-Laws of said Company as set forth in said Power of Attomey,with the ORIGINALS ON
IN THE HOME OFFICE OF SA[D COMPANY,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 tk�is 30TH day of JULY, 2008
s'�'(�f.o�/`�/ �d�l�-G� -
Assistant 5ecretary
Contract No. C27370A
Agreement
THIS AGREEMENT is made and entered into this 28th day of Auqust, 2008, by
and between City of Palm Desert, California, hereafter called "Owner" and Hardv &
Harper, Inc. hereinafter called "CONTRACTOR".
WITNESSETH
RECITALS:
CONTRACTOR has submitted to Owner its CONTRACTOR'S Proposal for the
construction of Owner Project,
2007 Resurfacing Project, PROJECT NO. 638-08, CONTRACT NO. C27370, in
strict accordance with the Contract Documents identified below, Owner has
accepted said Proposal.
2. CONTRACTOR states that it has re-examined its CONTRACTOR'S Proposal
and found it to be correct, has ascertained that its SUBCONTRACTORS are
properly licensed and possess the requisite skill and forces, has examined the
site and Contract in accordance with the Contract Documents for the money set
forth in its Proposal to be paid as provided in the Contract Documents.
AGREEMENT:
IT IS AGREED BY THE PARTIES AS FOLLOWS:
Contract Documents: The entire contract consists of the following: (a) The
Agreement; (b) The Notice Inviting Bids; (c) The Instruction to Bidders; (d) The
CONTRACTOR'S Proposal; (e) The Bidder's Bond; (f) The PerFormance Bond;
(g) The Payment Bond; (h) The General Specifications; (i) The Special
Provisions; (j) The Standard Specifications as modified in other portions of the
Contract Documents; (k) The Plans; (I) Addenda No. 1; (m) The Determination
of Prevailing Wage Rates for Public Work; (n) Any Change Orders issued; (o)
Any additional or supplemental specifications, notices, instructions and drawings
issued in accordance with the provisions of the Contract Documents. All of said
Documents presently in existence are by this reference incorporated herein as if
here set forth in full and upon the proper issuance of their documents they shall
likewise be deemed incorporated.
2. CONTRACTOR shall commence the work within ten calendar days after the date
of the Notice to Proceed and will do all things necessary to construct the work
generally described in Recital No. 1 in accordance with the Contract Documents
and will complete said work within thirty (30) calendar days from the Notice to
Proceed date to the satisfaction of the Engineer.
3. CONTRACTOR agrees to indemnify, defend and save Owner and its officers,
agents and employees, and the Engineer harmless from:
Contract No. C27370A
a. Any and all liability, claims, damages, losses or injuries to any person or other
entity, including injury to CONTRACTOR'S employees, and all claims which
arise from or are connected with the negligent performance of or failure to
perform the work or other obligations of this Agreement, or which are caused
or which are claimed to be caused by the negligent or intentional acts or
omissions of CONTRACTOR, its subcontractors, its agents or employees,
and, all expenses of investigating and defending against same,
b. Any and all liability, claims, damages, losses or injuries to any and all
contractors, subcontractors, material-men, laborers, or any other person, firm
or corporation furnishing or supplying work, services, materials or supplies in
connection with the performance of the Agreement.
c. Attention is directed to the General Specifications - Claims, Liability, and
Indemnity Agreement/Hold Harmless sections, which specifications are made
part of this Agreement as set forth in Agreement paragraph 1, above.
d. Attention is directed to Section 6-9, "Liquidated Damages" of the Standard
Specifications and is hereby amended to substitute the "City of Palm Desert"
in place of "Agency." Liquidated damages shall be $1,000.00 dollars per
calendar day of delay.
4. Should any litigation or arbitration be commenced between the parties
concerning the works of improvements as referenced herein, the prevailing party
in any such litigation, being the Owner or the Contractor, should be entitled to a
reasonable sum for attorney's fees incurred in any such litigation relating to this
Contract.
5. This Agreement shall be binding upon all parties hereto and their respective
heirs, executors, administrators, successors, and assigns.
6. Contractor shall be paid in the manner set forth in the Contract Documents the
amount of its Proposal as accepted by Owner, subject to such additions and
deductions as may be made pursuant to the Contact Documents and applicable
law.
Satisfactory Performance
The prime Contractor agrees to pay each Subcontractor under this prime
contract for satisfactory performance of its contract no later than 10 days from
the receipt of each payment the prime Contractor receives from City of Palm
Desert. Any delay or postponement of payment from the above referenced time
frame may occur only for good cause following written approval of the City of
Palm Desert.
Contract No. C27370A
Release of Retention
The prime Contractor agrees further to release retention payments to each
Subcontractor within 30 days after the Subcontractor's work is satisfactorily
completed. Any delay or postponement of payment from the above referenced
time frame may occur only for good cause following written approval of the City
of Palm Desert.
7. Execution of the Agreement by the parties constitutes their agreement to abide
by all applicable provisions of the California Labor Code; constitutes contractor's
certification that he is aware of the provisions of said Code and will comply with
them; and further constitutes Contractor's certification as follows:
"I am aware of the provisions of Section 3700 of the California 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 that Code, and I will comply with such provisions before
commencing the performance of the work of this contract."
IN WITNESS WHEREOF the parties hereto have executed or caused to be
executed by their duly authorized officials, this Agreement which shall be deemed an
original on the date first above written.
�Remainder of this page has intentionally been left blank.
Signature b/ocks are contained on the next pageJ
Contrac� No. C27370A
CONTRACTOR:
BY:
Signature to be notarized
TITLE:
OWNER:
BY:
Signature to be notarized
TITLE: Mavor of Palm Desert. CA
APPROVED AS TO CONTENT:
MARK GREENWOOD, P.E.
DIRECTOR OF PUBLIC WORKS
ATTEST BY:
TITLE:
ATTEST BY:
TITLE: Citv Clerk of Palm Desert, CA
APPROVED AS TO FORM:
DAVID J. ERWIN
CITY ATTORNEY
Contract No. C27370A
Pertormance Bond
KNOW ALL MEN BY THESE PRESENTS
awarded to Hardv & Harper, Inc.
"Principal", a contract for:
That whereas the City of Palm Desert has
hereinafter designated as the
Mesa View Drive Street Resurfacing Project
PROJECT NO. 638-08
CONTRACT NO. C27370
WHEREAS, said Principal is required under the terms of said contract to furnish
a good and sufficient bond for the perFormance of said contract:
NOW THEREFORE, WE, Hardv & Harper, Inc. the Principal, and
as Surety, are held and firmly bound
unto the City of Palm Desert hereinafter called the Owner, in the penal sum of
Seven hundred twentv-five thousand and no cents Dollars
($725,000.00 ), being 100% of the contract amount in lawful money of the United States
of America for the payment of which sum well and truly to be made, we hereby bind
ourseives, our heirs, executors, administrators, and successors, jointly and severally,
firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounded
Principal, his executors, heirs, administrators, and successors, or assigns, shali in all
things stand to and abide by, and well and truly keep and perform the covenants and
agreements in the said contract and any alterations thereof made as therein provided,
on his or their part, to be kept and performed at the time and in the manner therein
specified, and in all respects according to their true intent and meaning, and shall
indemnify and save harmless the Owner, its officers and agents, as therein stipulated,
then this obfigation shall become null and void; otherwise, it shall be and remain in full
force and virtue.
And the said Surety, for value received, hereby stipulates and agrees that no
change, extension of time, alteration or addition to terms of the contract or to the work to
be performed thereunder or the specifications accompanying the same shall in any wise
affect its obligations on this bond, and it does hereby waive notice of any such change,
extension of time, alterations or additions to the terms of the contract or to the work or
the specifications.
Should it become necessary for the Owner to institute a lawsuit or any other legal
proceeding to enforce the terms and conditions of this bond, then all costs of said
proceeding, including attorneys' fees, shall be awarded to the prevailing party.
Contract No. C27370A
IN WITNESS WHEREOF, identical counterparts of this instrument, each of which
shall for all purposes be deemed an original thereof, have been duly executed by the
Principal and Surety above named, on this day of , 20
SU RETY
C'3'�
PRINCIPAL
:
INSURANCE COMPANY and/or AGENT
ADDRESS
TELEPHONE NUMBER
Contract No. C27370A
Payment Bond
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Desert (sometimes referred to hereinafter as
"Obligee") has awarded to Hardv & Harper, Inc. (hereinafter designated as the
"CONTRACTOR"), an agreement dated Auaust 28, 2008 described as follows: Mesa
View Drive Street ResurFacing Project, PROJECT NO. 638-08, CONTRACT NO.
C27370, (hereinafter referred to as the "Contract"); and
WHEREAS, said CONTRACTOR is required to furnish a bond in connection with said
Contract, and pursuant to Section 3247 of the California Civil Code;
NOW, THEREFORE, we, Hardv & Harper, Inc. , the
undersigned CONTRACTOR, as Principal, and
a corporation organized and existing under the laws of the State of
and duly authorized to transact business under the laws of the State of California, as
Surety, are held and firmly bound unto the City of Palm Desert and to any and all
persons, companies or corporations entitled to file stop notices under Section 3181 of
the California Civil Code, in the sum of Seven hundred twentv-five thousand and no
cents Dollars ($725,000.00), said sum being not less than one hundred percent (100%)
of the total amount payable by the said Obligee under the terms of the said Contract, for
which payment well and truly to be made, we bind ourselves, our heirs, executors and
administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if said CONTRACTOR, his or
its heirs, executors, administrators, successors or assigns, or Subcontractors, shall fail
to pay for any materials, provisions or other supplies, implements, machinery or power
used in, upon, for or about the performance of the Public Work contracted to be done,
or to pay any person for any work or labor of any kind, or for bestowing skills or other
necessary services thereon, or for amounts due under the Unemployment Insurance
Code with respect to such work or labor, or for any amounts required to be deducted,
withheld, and paid over to the Employment Development Department from the wages of
employees of said CONTRACTOR and his or its Subcontractors pursuant to Section
13020 of the Unemployment Insurance Code with respect to such work and labor as
required by the provisions of Section 3247 through 3252 of the Civil Code, or for any
amounts required to be deducted, withheld, and paid over to the Franchise Tax Board
or Internal Revenue Service from the wages of employees of the CONTRACTOR or his
or its Subcontractors, the Surety or Sureties hereon will pay for the same in an amount
not exceeding the sum specified in this bond, otherwise the above obligation shall be
void. In addition to the provisions herein above, it is agreed that this bond will inure to
the benefit of any and all persons, companies and corporations entitled to serve stop
notices under Section 3181 of the Civil Code, so as to give a right of action to them or
their assigns in any suit brought upon this bond.
Contract No. C27370A
The Surety, for value received, hereby stipulates and agrees that no change, extension
of time, alteration or addition to the terms of the said Contract or to the work to be
performed thereunder or the Specifications accompanying the same shall in any way
affect its obligations on this bond, and it does hereby waive notice of any such change,
extension of time, alteration or addition to the terms of the Contract or to the
Specifications.
No final settlement between the Obligee and the CONTRACTOR hereunder shall
abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
CONTRACTOR and Surety agree that if the Obligee is required to engage the services
of an attorney in connection with the enforcement of the bond, each shall pay Obligee's
reasonable attorney's fees incurred, with or without suit, in addition to the above sum.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this
day of , 20 .
PRINCIPAL/CONTRACTOR:
(Typed Name of CONTRACTOR)
By:
(Signature)
(Typed Name and Title)
The rate of premium on this bond is $
:
The total amount of premium charged: $
(the above must be filled in by corporate surety).
SURETY:
(Typed Name of Surety)
(Signature of Attorney-in-Fact)
(Typed Name of Attorney-in-Fact)
per thousand.
IMPORTANT: Surety companies executing bonds must possess a certificate of
authority from the California lnsurance Commissioner authorizing them to write surety
insurance defined in Section 105 of the California lnsurance Code, and if the work or
project is financed, in whole or in part, with federal, grant or loan funds, it must also
appear on the Treasury Department's most current list (Circular 570 as amended).
THIS IS A REQUIRED FORM.
Any claims under this bond may be addressed to:
(Name, Address and Telephone No. of Surety)
(Name, Address and Telephone No. of agent or representative for service of process in California if different from above)
Legend
MESA VIEW DRIVE PAVEMENT
Pavement - 235,788 Sq Feet
Medians - 34,961 Sq Ft