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HomeMy WebLinkAboutC28900 - Fred Waring Drive Overlay-Hardy and Harper, Inc. Contract No. C28900 CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: Award Contract No. C28900 for Construction of the Fred Waring Drive Overlay Project to Hardy and Harper, Inc., of Santa Ana, California, in the Amount of$834,000 SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works CONTRACTOR: Hardy and Harper, Inc. • 1312 E. WarnerAvenue C�CO���pN Santa Ana, CA 92705 APPROVED DEN�ED RECEIVED p�g DATE: June 25, 2009 MEETING DATE CONTENTS: Contract Agreement AYES: " Contractor's Pro osal NOES: p ABSENT: Vicinity Map ABSTAIN: VERIFIED BYs Original on File w►ItL City Cle •�Qniq RECOMMENDATION: By Minute Motion: 1. Award Contract No. C28900 for Construction of the Fred Waring Drive Overlay Project to Hardy and Harper, Inc., of Santa Ana, California, in the amount of$834,000; 2. Allocate $200,000 from Account No. 400-4311-433-4001 to the subject project; 3. Appropriate $634,000 to Account No. 400-4311-433-4001 from unobligated Fund 400; 4. Transfer budget in the amount of $634,000 from Account No. 110-4311- 433-3320 (street resurfacing account) to Account No. 110-4199-499-5010 (transfer out account); 5. Transfer the funds from the General Fund to Fund 400; and 6. Authorize the Mayor to execute the subject agreement. Funding is available for this project in Capital Reserve Account No. 400-4311-433-4001. Staff Report Award Contract C28900 to Hardy and Harper, Inc. Page 2 of 3 June 25, 2009 DISCUSSION: Over the past ten years, Fred Waring Drive has been widened and improved within the city limits, with the exception of three segments between San Pascual Avenue and Highway 111. This project will rehabilitate the asphalt pavement in those sections by removing and replacing the sections where the asphalt has failed, then overlaying the street with rubberized asphalt. The project was bid with a base bid and two additive alternatives. The base bid was for the segment between San Pascual and Monterey Avenue. Alternate #1 was the segment between Monterey Avenue and Fairhaven Drive. Alternate #2 was the segment from the Palm Valley Channel Bridge to Highway 111. Bidding the project this way gives the City four options: (a) award the base bid only, (b) award the base bid plus Alternate #1, (c) award the base bid plus Alternate #2, and (d) award the base bid plus Alternates #1 and #2. The reason for bidding the project with alternates was to allow the City to select a project within available funding in this year's budget. On June 4, 2009, sealed bids for the project were opened and read aloud. The low bid was determined based on the lowest base bid amount, without consideration of the alternates. The following is a summary of the bids received: Contractor Location Bid Amount Hardy and Harper, Inc. Santa Ana, CA $ 486,000 Granite Construction Company, Inc. Indio, CA $ 527,540 Hazard Construction San Diego, CA $ 545,046 Matich Construction San Bernardino, CA $ 556,556 Tri-Star Construction Desert Hot Springs, CA $ 766,920 Hardy and Harper, Inc., submitted the lowest responsive bid in the amount of $486,000. Hardy and Harper, Inc., also submitted the lowest bid for both alternates. Below is a summary of the costs of the base bid and the two afternates: Base bid only $486,000 Base bid plus alternate #1 $680,000 Base bid plus alternate #2 $640,000 Base bid plus alternates #1 and #2 $834,000 The total bid amount for the base bid plus both alternates is $834,000. Staff recommends awarding the base bid plus both alternates. The City is receiving the benefit of economies of scale by constructing all the work under one contract. Additionally, traffic disruptions on Fred Waring will occur only once if the entire project is constructed under this contract. Staff Report Award Contract C28900 to Hardy and Harper, Inc. Page 3 of 3 June 25, 2009 FISCAL IMPACT: This is a maintenance project. It is recommended that asphalt pavement receive maintenance approximatety every six to seven years. Therefore, staff recommends that Council award Contract No. C28900 for construction of the Fred Waring Drive Overlay Project to Hardy and Harper, Inc., of Santa Ana, California, in the amount of$834,000, and authorize the Mayor to execute the ubject ag eement. P; par By: � Dep ead: � R Gay � Mark Gree wood, P.E. Pr ect Ad nistrator Director of Public Works Appr al: omer Croy Paul S. Gibson ACM for Dev lo ent Services Director of Finance ,��c�c�GG�i✓ n M. Wohlmuth C' y Manager Contract No. C28900 AGREEMENT THIS AGREEMENT is made and entered into this 25th day of June, 2009, by and between City of Palm Desert, California, hereafter called "CITY" and Hardv and Harper Inc. hereinafter called "CONTRACTOR". WITNESSETH RECITALS: CONTRACTOR has submitted to CITY its Contractor's Proposat for the construction of CITY Project, 1. FRED WARING DRIVE OVERLAY PROJECT, PROJECT NO. 752-08A, CONTRACT NO. C28900, in strict accordance with the Contract Documents identified below, CITY 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: 1. 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; Q) The Standard Specifications as modified in other portions of the Contract Documents; (k) The Plans; (I) Addenda Nos. n/a; (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 30 Calendar Days from the Notice to Proceed date to the satisfaction of the Engineer. Page 1 Contract No. C28900 3. Contractor agrees to indemnify, defend and save CITY and its officers, agents and employees, and the Engineer harmless from: 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 CITY 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 alt 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 Proposat as accepted by CITY, 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. Page 2 ____ �..�_ --.�--.�.-_________ Contract No. C28900 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. CONTRACTOR: BY� ATTEST BY: Signature to be notarized TITLE: TITLE: CITY: BY� ATTEST BY: Signature to be notarized TITLE: Mavor of Palm Desert CA TITLE: Citv Clerk of Palm Desert CA APPROVED AS TO CONTENT: APPROVED AS TO FORM: MARK GREENWOOD, P.E. DAVID J. ERWIN DIRECTOR OF PUBLIC WORKS CITY ATTORNEY Page 3 Contract No. C28900 State of California � County of � ) On before me, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) Page 4 Contract No. C28900 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has awarded to _ Hardv and Harper Inc hereinafter designated as the "Principal", a contract for: FRED WARING DRIVE OVERLAY PROJECT PROJECT NO. 752-08A CONTRACT NO. C28900 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 and Harper Inc the Principal, and as Surety, are held and firmly bound unto the City of Palm Desert hereinafter calfed the City, in the penal sum of _ Eiqht hundred thirtv-four thousand Dollars ($834.000.00), 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 ourselves, our heirs, executors, administrators, and successors, jointly and severalty, 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, shall in all things stand to and abide by, and well and truly keep and pertorm 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 City, its officers and agents, as therein stipulated, then this obligation 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 City 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. Page 1 Contract No. C28900 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 . SURETY PRINCIPAL BY: BY: INSURANCE COMPANY and/or AGENT ADDRESS TELEPHONE NUMBER State of California ) ) County of ) On before me, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) Page 2 Contract No. C28900 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 and Harper, Inc. (hereinafter designated as the "CONTRACTOR"),� an agreement dated June 25, 2009 described as follows: FRED WARING DRIVE OVERLAY PROJECT, PROJECT NO. 752-08A, CONTRACT NO. C28900, (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 and 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 Eiqht hundred thirty-four thousand Dollars ($834,000.00), 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. 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 Page 3 Contract No. C28900 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: SURETY: (Typed Name of CONTRACTOR) (Typed Name of Surety) By: By: (Signature) (Signature of Attorney-in-Fact) (Typed Name and Title) (Typed Name of Attorney-in-Fact) The rate of premium on this bond is $ per thousand. The total amount of premium charged: $ (the above must be filled in by corporate surety). Signature (Seal) 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) Page 4 � � i C — C4NTRACTOR'S PROPOSAL � FRED WARING DRIVE OVERLAY PROJECT PROJECT NO. 752-08A j'' CONTRACT N0. C28900 l T�: CITY OF PALM DESERT, "CITY" � DATE: �L�n q � BIDDER: xardy & Harper. Tnc. uCONTRACTOR" � The UNDERSIGNED, "CONTRACTf�R", having carefuliy examined the site and the � Contract Documents for the canstructian of, FRED WARING DRIVE 4VERLAY � PROJECT, PROJECT NO. 752-0$A, CONTRACT NO. C28900, he�eby proposes to construct the work in accordance wifh the Contract Documents� incfuding Addenda � No(s). for #he amount stated in this Proposal. � By submitting this Proposal, CONTRACTOR agrees with CITY: 1. That unless withdrawn in person by CONTRACTOR ar soms person authorized in writing by CONTRACT�R — not by telephone or #elegram — before the time � specifted in the Notfce [nviting Bids for the publ'sc opening of bids, this Proposal constitutes an irrevocable offer for 60 calendar days after that date. � 2. The CITY has the right to reject any or all Praposals and ta waiva any irregularities ot informalities contained in a Proposai. � 3. That the contract shall be awarded only by the governing body of CITY. Said contract shall only be deemed awarcied after the CONTRACTOR'S complete � submission of ali contract documents, bonds, insu�ance dacumentation, and the . CITY shall obtain all necessary signatures of the governing body, at which time the contract shall be deemed awarded. � 4. To submit to CITY such information as CITY may require to determine the Bldder's financial standing experience and to perform the wark. � 5. That the accom�anying certified or cashier's check or Bid Band constitutes a guaran#ee that if awarded the contract, CONTRACTOR will execute the � Agreement and deliver the required bonds and certificates of insurance within �0 days after notice of award. If CONTRACTOR fails to execute and detiver said documents, the check or bond is to be charged wit� the costs of the resultant � damages to CITY� including,but not iimited to publicatian costs� the difference in maney be#ween the amaunt bid and the amount in excess of the bid which casts CiTY to do or cause ta be done the work involved, lease and rental costs, aciditianal salaries and overhead, increased interest and costs of funding the � project, attorney expense, additianal engineering and architectural expense and � Page C-1 � � � cost of malntaining or construction al#ernate facilities accasioned by the failure to j execute and deliver said documents. � � It is understood that the quantities shown hereon, except #or those guantities mariced "Lump Sum", are estimates and the final payment wili be based upon the � actual wark performed, subject to such adjustment and alterations as efsewhere provided herein. � � � � :;� g � S 1 Mobflization �� � ,�':� '�" .L$ ,� � $ �" �S' aoo ZS� o00 4 2 Traffic Control �g � $ $ z5� ��� 25',aoo � 3 Localized Asphalt Repair SF 62,aao � Z. �s � 133�300 4 Cold Milt Asphai# Concrete SF 72,200 � � � 5 $�� 83� � � 5 Engineered Paving Mat Interlayer SF 222,Opp $ � Z� $ �2� 16� i � 6 Asphalt Rubber Hot Mix— 1.5" SF 222,000 $ �$v $ 177 6ao 7 Adjust Manhole Frame and Cover EA 17 � 7vv � I'1 qvc� �' 8 Adjust Valve Frame and Cover EA �6 � 5vo � �,. !$'. ooca ,� 9 Traffic Signal Laop Detectors EA 46 � $ `IZ � Zoc� vo 10 Signing and Striping LS 1 ��3 ��� �r � d � � � � � � � � $ � TOTAL BASE 61lJ PRICE � � ��� add . �v �' l The lawes# bid shall be the Cowest bid pric� on the base contract without m� consideration ef the prices an the sdditive items. � � Page G2 � � ( � � � � �+ F' p', � { ^, ,� �i�r' �w �,�.�.� 'f,�, .,f.���3���: �;. �, ' .� ,+���� � A1-1 Mobiliza#ion LS 1 $ $� Z 5' o u o 2.S oco A1-2 Traffic Cantrol LS 1 $ $ �" zS'ooa Z$ o00 � A1-3 Localized Asphalt Repa9r SF 10,000 $ Z . �5 $ Z 5a� i A1-4 Cold Mill Asphalt Concrete SF 29,5Qp $ �S $ �{ Z s A1-5 Engineered Paving Mat Interlayer SF 94,000 � �s �8. $z� zo � ,3 A1-6 Asphalt Rubhec Hot Mix— 1.5" SF 94,000 $ �� $� S �oo A1-7 Adjust Manhole Frame and Cover EA 5 � y � � �°O 3 Soo ` A1-8 Adjust Valve Frame and Cover EA 6 $ 5d� $ 3 �a� � . A'E-9 Traffic Signal Loop Detectors EA 5 $ Z� $ � �v4 � � A1-10 Signing and Striping LS 1 $ $ „ 9 b5S 4 as$ TOTAL ALTERNATIVE#1 PRICE $ r�� �Q Q + o 0 � The Iowest bid shall be the lawest bld price on the base contract without �' cons�deration ef the prtces on the additive items. � �, � � . . � � Page C-3 � � r� i � i���� 'A, ' � � ... ,e • � , � + . r ti.'� ',a, , ,j„ k �" h" y . �� ` � ;j�1 � . I'tG-� �.`ei�4`•��.i'r�u MobilEz�tion �g � ` $� � ZS o0o ZS o00 �' A2•2 Tra�c Control �S T �2 5,o00 $ �Z„S a o 0 A2-3 Lacallzed Asphalt Repair SF 12,000 $ �' Z. � 5 �z� 9�un A2-4 Cold Mill Asphalt Concrete SF 13,�OQ $ �5 $ j Sa n � 2 � A2-5 Engineered Paving Mat Interlayer SF 55,000 $ . ��,, $ t y' oc� A2-6 Asphalt Rubber Hot Mix— �.5" SF 55,000 $ �$.p � y �ao � y A 2-7 A�jus t Man ho le Frame and Caver EA 2 � '7 va $ � Ov �, A 2-8 Adjust Valve Frame ar�d Cover EA 7 � svQ $ 3,Soo A2-9 Trafftc Signa! Lo�p Detectors EA 23 $�ao � y 6a o fi , A2-10 Signing and Striping LS 1 $ � �,3So 7 3S0 ,�, TOTAL ALTERNATIVE#2 PRICE $ /S y odo . a" rn The lowest bid shall be the lowest bld price on the base contract without consideration of the prices on the addittve items. �` The costs af any work shown or required in the Pians and Specifications, but not specificafly identified as a Pay I#em are inciuded in the related Pay Item(s), and no � additional com�ensation sha[I be due CONTRACTOR by virtue af CONTRACTOR'S compliance with the Plans and Specifications. � � � � �' Page C-4 � � 6� TOTAL BASE BID !N FlGURES $_�5�6 j �� • �' TOTAL BASE BID IN WpRDS ���2 n�t7,�E11 E"/G s tX �s�v � __, l� AaLL f�12 5 ���/ � TOTAL BASE B1D PLUS ALTERNATIV G n �� E#1 !N FiGURES $ `� oo . {"' TOTAL BASE BID PLUS ALTERNATIVE #4 IN WORDS St� /ytJN��,�� �GM.-r=�/ � � 7���� OdGU�-�eS �7A.�� TOTAL BASE BID PLUS ALTERNATIVE #21N FIGURES $ �0� aoo , `O _ � TOTAL. BASE B!� PLUS A�TERNATIVE#2 IN 1NORDS �2E�j ��Z�(' c ,��iI�V�) F7a�'C'�j�5..�-�C'V � TOTA� 6ASE BfD PLUS ALTERNATIVES#1 &#2 IN FIGURES $ S',�y Ovo . �" � TOTAL BASE B1D PLUS ALTERNATIVES #1 & #2 IN WQRDS ���1`f� /iL�/j,j,�'L� 7�/� �v TJ��s/iv,p ,�°�t�3�S �u�� �' iN WITNESS WHEREOF CONTRACT execut i posal as of ate set forth on Page C-1: ,� i BY� � Signature � Tifle: Steve Kirschner Vice President ` C�NTRACTOR � State of Califomia ) l � Caunty of � �' Subscribed and swom to (or affimned) before me on this day of � (month}, (year), by , proved to me on the basls of satisfactory evidence tp be the person(s}who appeared before me. �' i � � . Signature of Notary � (Sea! of Notary) � Page C-� i CQ►LIF4�R.P11�1 ALL-Pl7F�PflSE ACKN�WLEaGIV1EN'� _ - .�- _ .�_ .� State of California County ofi Orange �� June 3, 2009 Jo-Ann Lyons, Notary Public before me, �nte Her Insert Name and Titie of the 011�er Steve Kirsc�iner personally appeared Name(s}af Slgr�er(s� i wha proved to me on the basis of satisfactory evidence to be the person(h whose name{� is/a6� subscribed ta the within instrument and acknowledged to me fhat he/s�tt� executed the same in his/I�'/tl�ir authorized capacity(i�t9), and that by his/hh�rr/tfcrll�signature(B�on the instrument the person(�e1�, or the entity upon beha(f of ;;;-.,, JO•ANN LYONS �� which the person(¢�acted, executed the instrument. ��'� CONIM.t11841329 ' Y•``:'�., ' . � , .e Notary Publio-Cali(ornia �: `"'� naANCEcouNrY = I cer�ify under PENALTY OF PERJURY under the laws �, ��,,, myco,,,u,.�ui�esnu�.ir.2o>>i= of the State of California that the foregoing paragraph is true and carrect. WITNES my nd and a ! seai. Signature Place Nolary Seal Above Signawt of Not ry nAc OPTlONAL Though the in/ormatian below is not required by law,it may prove valuable to persons relying on fhe document and could preveni fraudulent�emova!and reatfachment of this form to another document. Description of Attached Dacument Proposal Title or Type o#Document: Document Date: Number of Pages: Signer(s}Other Than Named Above: Capacity(ies) Claimed by Signer(s) Steve Kirschner Signer's Name: Signer's Name: � Individual Vice President � fndividual � Corporate Officer—Title(s}: ❑Corporate Officer—Title(s): ' ❑ Partner—p Limited O General ❑Partner—p Limited [�General ❑ Attorney in Facf � • •. p Attorney in Fact • ❑ l'rustee 7op of thumb here p Trustee iop oF thumb here ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: • ❑Other: Signerls Repre�,����� Signer Is Fiepresenting: �s2007 Nntlonal Naiary Assocfatian•9350 pe Smo Ave.,P.O.Box 2402•Chatsworth,CA 9t313-2402�www.Nationalkptary.org Item b5807 Reartier:CallTop-Ftee 1-800-876-6827 � � t D — (NFORMATIQN REQUIRED OF BIDDER � The bidder is required to suppiy the following information. Additional sheets ma be attached if necessary. y � . (1) Address 1312 E. warner Ave. , Santa Ana, CA 92705 �'" {2� Telephane No. 714-444-1851 (3} Type af Firm (Individual, Partnership or Corporation) cor oration � {4) Corporation organized under the laws of the State of California � (5) Contr ctor's License No. 215 9 52 Exp. Date 12/31/0 9 Cflntrac#or reby swear u er penalty of rjury that this information provided is true and e � 1 BY� T[tle: vice President � S�g st Kirschner Contractor � (6) List the names and addresses of ail owners of the firm or narnes and titles of all �fficers of the corporation: � See Attachment A � '� (7} Number of years' experience as a Contractor in construction work 63 � (8j List at least three similar projects comple#ed recently: Contract Amount Class of Work �ate Completed Name, Address & Tele hone No. of Owner � 1. See Attachmen B � 2. . m 3. n :� � Page D-1 Attachmeut A �f'ardy aZ,�farpey .Inc. Cor��o�•ate Officers Fred T. Maas, Jr.,Presitlent,.Treasurer;. I3I2 E. Warner Avenue Managin�Officer ` Santa Aiza, CA 92705 lione: (71�) 4�4A 1851` Dan T..'Maas,CE0 . I3.12.E::Wariier �venue hone 7:14 4�4;4 1851. Santa Ana, CA 92705 . Steve.I{.i�rsc�►ner,Vice President I3I2 �.,Wax•ner. Avenue kione:. 714�) 4�4�4-1851:.. Sant;a Ana, CA 92705 I�risten S.Paulino, Corgorate Sccretary T312 �. Warner Avenue �ione: 7I4� 4A�A�-1851 ' S�nta Ana, CA 92705 Attaclunent B .7�farcfy aZ9farper, Inc. - Uwr�er/AgeiYey Contact Project{Aino�txit &End Datc) Analieim Unio�t Hi�h Sclioo! John Oslcoui, P.E. Loara T-Iigh School Distriet (714�)999-S�1�Sb Paving Improveme�it, l'roject SO1 Crescent Way f. (714�}95G-195�1� �2,3Q0,000.00 11/Uf3 A��lheim, CA 92$fl3 City of San Jaeinto H1bi.b 1'Iotlagh,P.E. 2007 Dorvntown P�vement 2�i,8 �. M1in St (95l)��87-7330 $2,023,667.00 ��/08 San Jacinto, CA 92583 f. (951)487-7382 County o:f Riversi�le Gabi�icl tUIunoz, PVI �Cr�clio .Rcsurfacin.g c� 2950 W1shi.i�g�on S� (71��)985-8n.4�0 Reconstruction Rivcrside, CA 9250�1� E {951)955-3164� 52,028,769.00 2/08 CiEy of Westminster Dave Sanchez, P.\'I. Citywide Cap & Slui•r,•y SeaE 8200 Westminster Blvd (714}898-3311 �816,300.00 g/07 1�cstininster, GA 92683 f. (714�)$95-�I.�1�99 City of Fontana ICei�h Krarr�er, P.IT. Paving Various LoeaCions Per $353 Sierra Ave (909)350-6760 l3i.cl # l)T3-58-Q1 I'oiit�na; CA 92335 f. (909) 350-G755 �2,683,90�.00 7/07 � � 1 (9) List the names and addresses of each Subcontractor who witl perform work in or j"" about the work improvement, and indicate what portion of fhe work will be done ! by each Subcontractor: � Subcontractor's Name: G - 1 $ fnC - �.icense Number: �3 � 23� � Address: � ZD E . 3� S� � � - ����en� , C�4 �1Z2Z� � q y Telephone: _ 1 �J � � 5 3a�� � � l Work to be perfoRned: _ ��P��y�c� � Subcontractor's Name: G' — 9/�p �q J 5 'n y�C , License Number: �3�- 7`�� � Address: ��ZD C 6 S-1 5� . � ��n`1 cA qZ��q � TeEephone: 95� 2 �8'C q t � Work fo be pertormed: _ /'?�A��afGS Subcontractor's Name:_ 1�iu�5'i��al �,�is�f ���,�5 � License Number. C 2, � Address: �'� /U � �����. ,� � /4-n�iyNi � Gf{ °jZSd � � Telephone: _ 71� �`��l 8�6 .. Work to be perFormed: FI� ��GWC �?v�� /� �'n f p � � (10) List the name of the erson p who inspected the s�te of the proposed work for your � f�m _ Corev Kirschner, VPO {11) A financia! statement or other information and references sufficiently � comprehenslve to permit an apprafsal of yaur current�nanaial conditiQn may be required by the City. � � Page D-2 � � E -- NON-CULLUSION AFFIDAVIT - � Tn be Executed by Bidder and Submitted with Bid � STATE OF CALIF4RNIA ) ) SS COUNTY OF pxange � � Steve Kirschner , being first duly swom, deposes and SayS that h�lShe is _Vice President p{ Hardy & Harper, Inc. the party making the foregaing bid; that the bid is not made in the interest of, or on behalf of � any undisciosed person, partnership, company, association, organizatian, 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 fatse or sham bid, l and has not directfy or indirectly colluded, conspired, connived, or agre�d w�th any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; ('' #hat #he bidder has not in any manner, directly or indirectfy, saught by agreement, � communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to f�x any averhead, profit, ar 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 af anyone inte�ested in the proposed contract; #hat all statements contained in the bid are true; and, further, that the bidder has nat, directly or indirectly, submitted his or her �'� bid price or any breakdown thereof, or #he contents thereof, ar divutged information or data relative thereta, or pa1d, and will not pay, any e to any corporatian, partnership, company, associatinn, organization, bid deposito , r to any m mber r agent thereof � to effectuate a coltusive ar sham bid. � � By: Signatur Steve r chner � Tlt�@:____. �li nr� pra.ai�nr CONTRACTOR � State of Califomia � Counfy of Subscribed and swam to (or a�rmed), before me this day of � (month), 20 (year), by , prnved to me on the basis of satisfactory evidence to be the person who appeared before me. � Signature of Notary: Nota Public in and for said ry � County and State (seal of natary) j� Page E-1 l CA1.IF�RAIIA A�L-PUR'POSE ACKiM�WLEUGM��IT - . . . . _ _ _ . . , . , _ -,�-,P,�.- . . = -�.�-- State of California County of Orange On �une 3, 2009 Jo-Ann Lyons, Notary Public before me, Dale He e nsert Name and Titla of the Of(icer Steve Kirsc�ner personally appeared Name(s)oF Signe�(s} r who proved to me on the basis of satisfactory evidence to be the person(f�j whose name(p� is/are subscribed to the within instrument anc! acknowledgec! to me that he/s�/�ey executed the same in his/h�'tkr�tr authorized capacity(,�), and fhat by his/�r/tfA2ir signature(� on the � JO NN LYO� instrument the person(a�; or the entity upon behalf of = '�� comn�.nisaiazs � which the person{�►j acted, executed the instrument. 7�,�,'�'! Notary Publlc-Cnlifomia w ' ,}. QRANGE COUNTY �- I certif under PENALTY O� PERJURY under the laws � MyComro.Expiresl�pr.i7,20t3 y of the State af California that the foregoing paragraph is true and correct. WITNE my and and icial seal. Pface Notary Seal Above Signature Signuturg ol NOt public OPTIONA� Though the inlormatian below is not required by law,it may prove valua6le to persons relying on the document and could prevent fraudulent remova!and reattachment of this form to anolher document. Description of Attached Document {�onCollusion Affidavit Title or Type of Document: Document Date: � Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Steve Kirschner Signer's Name: Signer's Name: O Individual Vice President � Endividual Carporate Officer—Title(s): p Corporaie Officer—Ttle(s): Partner—O Limited ❑General ❑ Partner—p Limited ❑Generat ❑ Attorney in Fact � • �- ❑Attorney in �act � • � 7rustee Top of thumh here �TfUStee top ot Ihumb here � Guardian or Conservator p Guardian or ConservaEor L� Other: • ❑Other: Signer Is Repre���q:Harper,Ir� Signer Is Representing: �2D07NationalNolaryAssoci�tion•93500e5otoAve.,P.O.Box2402•Chatswqrth,CA91313�2q02•�w�w,NaUanelNotary.org (temq5907 Reorder:CaIITa9-F�ee1-800-876-6827 F �- BIDDER'S BpND -- To Accompany Prapasal KNOW ALL MEN BY Ti�ESE PRESENTS, �"hat we, HARDY&HARPER, INC. as �rincipal, a�y(j INTERNATIONAL FIDELITY INSURANCE COMPANY 8S surety, are held £�Cld flrmly bound unto the City of Palm �esert in the sum of$ �o°�o**W �10°/a of bid) to be paid to the said City or its certain attorney, fts successors and assfgns; for which payment, well and truly to be made, we bind aurselves, our he�rs, executors and adminlstrators, successors or assigns,Jo�nt[y and sev�raily,flrmly by these pre5ents. THE GONDiT10N OF THIS pBLIGATION 15 SUCH, that If the certain prnposal of the abov� bounden pr€ncipaf to pertorm certain work descrlbed 2�s follows: The genera► i�ems of work to be done hereund�r c�nsist of: Col� MiN)ng Asphalt. Localized Repair, Ins#a(ling Paving Fabrlc, Pavin� wi#h Asph�(t Ficabber Hot MIx, Adjusting Manhole and Valve Frames and Cvvers to grade, Installing TrafFic Signa! Loop Detectors, Stri�ing,Traf��Control, and ofiher duties rtecessary fior full execufion of the projecf, and dat�d JUNE 4,2009 , „ _�is accapt�d by the �ity of Patm peser�, and i�the above bounden princfpal ��HARDY&HARPER, iNc. shall du ly enter into and execute a confract for such construction, and shall execufe and deUver#he Pertormance Bond and Payment Bond and insurance certi€icates as required by said cantract, thet� this obligation shafl becom�s null and vo}d; otherwise it shalt be and rem�in in full force and effect, Should it become necessary fqr the Gity to instifiute a I�wsuit, ar any other legal proceeding to enforce thQ tetnts snd oonditions af fihis bond, then ell costs af s�id praceeding, including attqmey�s fees, shall be awarded to the prevail{ng party, Page ��1 fN W1TNE�5 WH�R�OF, We herettnfo set our Hands and Seals thls �sT day - Of JUNE 20 09. Con#rac#or's Name: HAR ER, INC Contractor's Signature: 1'Itle: Steve Kirschn r, Vice r sident Address: 1312 EAS7 WARN�R AVENUE, SANTA ANA,CA 92705 Tel��hOt1e; 714}444-i851 SUC'�'��/'s Name: INTERNATfONAL FIDELITY INSURANCE COMPANY Surety's Signature: DWIGHT REILLY TItl6: ATTORNEY-IN-FACT Address: 13400 SABRE SPRINGS PARKWAY,SUITE 270,SAN DIEGO,CA 92128 7elephone: 858)513-1795 Page F-2 CAI.IFQRAlIA ALL-PWRP�SE ACKNQW�LEi3GMENT �"� - - ,F-s-:. - ,�e,-. . . ...�,.-:,�. ,�, Sta#e of California County of Orange On �une 3, 2009 Jo-Ann l.yons, Notary Pubfic before me, Date He e Insert Name and 7ftle ot Ihe Olfcar personally appeared Steve Kirsc�ner Neme�s)ot 5igner(s� who proved to me on the basis of satistactory evidence to be the person{� whose name(a�+is/� subscribed to the within instrument and acfcnowledged to me that he/�/ii�+ executed the same in his/�2r/t�ir authorized capaciry(i�), and that by his/f�r/Sb�ir signature{� on the instrument the person(a�j, or the entity upon behalf of --- _— "'� which the person(�acted, executed the instrument. JO-ANN LYON5 =`���`.�, -I4f� GOMM.#1841329 r , ,�,,�: , �o Notary Public-Colifornis � 1 certify under PENALTY OF PERJURY under the laws ' ':s.;; � oRaNSE couNrr - of the State of California that the fore oin ara ra h is My Cnmm.Fxptres AUc 17.2013 g 9 P 9 P true and correct. WITNES y nd and ' 'al seal. Place Notery Seal Above ��gnature � Slgnature af Nolary P IEc OPTlONAL Though the information below fs not required 6y law,it may prove valuable to persons relying on the document and could prevant fraudulent remova!and reattachment of this form to another documenf. Description of Attached Document Bid Bond Title or Type of Document: Document Date: ' Number of Pages: Dwig ei y Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Steve Kirschner . 5igners Name: Signets Name: [� individual Vice President ❑ lndividual Corporate Officer—Ti#le(s): ❑Corporate Officer—Title(s): Partner—O�imited p Generai ❑Partner—p Limited 0 General ❑ Attorney in Fact � - ❑Attorney in Fact � � D Trustee Top of thumh here p Trusiee 7op of Ihumb here ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: � C�Other: Signer Is Repre���:Ha��,i_„� Signer Is Representing: �2007 National Notary AssocfaUon•4350 Oe Sa10 Ave.,P.O.Box 2402•Chatswonh,CA 91313-2402•ww�v,NalionalNotary.org Item a5907 qearder.CallToq-Free 1-800-876-682� ACKNOWLEDGMENT - State nf Califiornia Caunty of ��N�� � On JUNE 1, 2009 before me, SUSAN PUGH, NOTARY PUBLIC (insert name and title of fhe officer} personalfy app�ared DWiGHT REILLY who proved to me on the basis of satisfactory evidence to be the person(�€)whose name(�) is/�(� subscribed to the within instrument and acknowledged to me#hat he%�����pr executed the same in his/l�e��q�au#horized capacity�, and that by his/bt�(C�signature(�} on the instrument fhe person(�, or the entity upon behalf of which the person(�) acted, execu#ed the instrument. l certify under PENALTY 4F PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. �� WITNESS my hand and official seal. • sUSAN pu�� " �+ � , Commfsslon # i 734680 � ."� �; Notary Public -�a�(fornla Z O►ange County � ���,������201 i Signature ' � (Seal} .: - SUSAN PUGH Tel(973}624-7200 pp�R OF ATTORNEY INTERNATIQNAL FID�LITY INSURANCE COMPANY HOME OFFICB:ONE NBWARK CENT�R,20TH FL.00R DtEWARK,NEW JSRSEY 07102-3207 - FOR BID BC?NA/RQ?�R/COI�SENTS/AFF'IDAVITS i�lOW ALL h�N BY TIII.+SE PRF.�IITS: T1�rc UV7ER1VA7YOHAG F'[DEL17'Y WSIJRANCE COh�AtVY, a co�aranon or��nized end cxlsring laws of U�e Sdte af New Iersey,�nd tuving lu principal o�ce in the Ciry of Newu�,New Jersey,does henby constitute and appaint DWCGHT REILLY,HAL DUEGK Anaheim,CA. _.................�.,...............................,..,.......................,......,............................._............,.,................,..................,..................................,........................................................: iu we rnd Iswtul uwmey(a�in-fect to exeeute,seAl and doHva�for�nd on its behalf sa aurery eny�tnd iA boMs ud unle�ulcinga,conv�cu of indemniry And other writings obligzwry m otm�a theroof,which trs or miy 6a rUowed,roquired orpermtined by law,steturo tule rogulaoon,coflp�ct or othecwisa and tlie exuwion nf such instn►rnent(�) in pursu�ace of thae preseats, shall be u bind3ny upon the seid I1V'I'�RN�TioNAL FIDL+LiTY IIVSURANCE CO�ANY,as fulEy and unply,to gll inunn a�pucpoua,as if the ume had 6an duly executed u�d acknowledged by it�reguiady elecud of�cen at i�s principd nf(ice. This Powet of Attame.yis ezecated uid mey�b�e revoked pvisuQnt to and hy awhoriry of Artiale 3-Secqon 3,of the 8y-Lawa�doptcd by U►e Bossd of Directors of IIV'LEItNA110NA[,(�EId1'Y WS{3RANC�CO[1�ANY at a meeling called uu!held ort the 7th day ot Febcuary, [97a. Tl�e Pmsbinnt ur 4ny VICe Prestdent,Bxeeutiva Vice President,Srccetary ar Aasistatll Secretuy,shatE hpve pawer�nd auU�oriry (t)To appoint Aaarneys•in-fict,and to autho�e them ro axecute on behaif ot the Compu�y,�nd aaach ihe Sezi of the Company thcnw,bonds ind undnrukfngs,contracta of indemnlry pni qcher wrian�e abiigatory in the naWn thereoF�nd, (2)Tn remnve,�t sny time,any such taarney-in-[ott tnd rovoka�he nuthadqr givsn. Further �his Powcr of Attomey is signed ind seale3 by fse:imile pursuiae w reeolutioa of�he Board of Bireccore of s�id Campany edopa4 u�meecing duly calle�and hcld on the 29th d�y of April,I982 of which the following is a aue txce[pt: Mow�serefore�he rigarmrec of sueh ofi5cen tad the utt of ttte Comp4ny,nuiy bc rfYixod�o any auehpower of�uomey or an cerdfieate nletine theroto by taeslmfle,w�a any such power ot aaomay or sartitica[e Gaaring such thcsim�le s�gnxtunc or i�c:imile seal shalt be vtlid tnd bindYag upon tl�e Compsny and eny such power oo execuced and cartified by tacsimile signatuma and tacsimile seal shril be valid snd binding npon the Comp�ny in�he fumre wi�h rospcci to sny bond or unde�uking w which ic is nteached. Qf�jY//r�. IN TE5'fIMQNY WHEREOF,IIVV'["E�RIVAITONAi,FTDELITY INS[JRANCE COMPANY has caused this insavment w 6e ��0��� l/� signcd and iu corponu sral sn he allixed hy its euthorized offlcer,this 19rh diy ot August,A.D.2W3, � V �E�` � � INIERNATIQNA[, IAELiTY[NSURANCE CO � �8�� STATE OP NEW JEASEY Counry of Essex �1N1 � T��I'�►a sur�� � On thls 24�h day of August 4003,bcfacc me cama tho indiv)dual who executod the�_�pneceding_i_n��tiument to�m��e� personall tnown and,beirtg by me duly swom,�aid 1he he u the tharein dc�cri6ed a��uthorized officct uf dio [IV'CERNATIbNAL FiRELY1Y�NSUR�[NCE C�MFANf;thit the sul�ftlxed w seid instrumeeu is the Corpoate Seal of said Comp�ny;that the said Cotpor�ie Sratl�nd hi�aiynawro wen duly�fttxed by acdec of the Boord of Direcmrs of said Compsny. �{��}(�� IN TESTlMONY WH&RHaF,l have herwnro set my 6nnd afF�xed my O�cial Sed, ��P• � u rt�e Ciry oF Nawnrk.New lersey the dry and yrar firsc�bove wriaen. 4 NOTARY �, � "� PUBLIC � ` �_ � ~ !.+ �Ir �r +�� ���E��� A NOTARY PUHLIC OF AffiW tERS�Y CBftTIFICATlON My Carsunibsion BxQims Nov.21,2010 I,the undenigned officer of AV'IEit1�IATtUFtAL FiAEL1TY ENSURANCE COMPAIVlt do hercby certity thu[h�ve comp�red�he fore�oin;copy of�he Powe�of Aaorncy and aftidavit,aad the eopy of the Sec�ton uf LL�e By-Lews uf sald CompRny e�au torth In teld Power of Anarney,with the ORIGINALS ON (N THE HOMfi OFFICfi OP SAID COMPATIY,�nd thtt the sune tre cornct ttanscripts thera�f,�a4 oF the who[e of the sdid oripinals,sad thtt Ihe soid Power oE Attomey has not been revoked 4nd'u now in Full forco and etfect IN TESTIMONY WF[ERE�F,t have herounco aet my hand tl�is �$'( day uf JUNE,ZOfl9 �'�'!� ��"`�V Assiseant Secrenry � � � Nvil vea Z N� �-�as naQ ,�y �+ ' .w w. xa � � 7 a . 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