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Home My WebLink AboutHARDY & HARPER, INC. (8)Recording Requested By, And Whrn Recard¢d Mail To: Clerk of Be Cawcil, City of Swh Ana 20 Cir�c CrnterPlara, P.O. Box 1988 SantaAna,CA92702 Recorded in Official Records, Orange County Tom Daly, Clerk-Recorder II�III�III iIiIIIIIIIIIIIVVIIIIIIIIIPIIIIIIU !'IIIIIII�Vlllllll� No FEE 201100032330910.02 am 0)101111 227415 N12 1 0.00 0.00 0,00 D,00 o.� o 0o g.ao o.00 THIS SPACE FOR COUNTY RECORDERS USE ONLY l ^^� ly� ti NOTICE OF COMPLETION NDTICE IS HEREBY GIVEN that the wdersigned City of Santa Ana, California, a municipal corporation, with the address of Chy Half 20 Civic Center Plana, Santa An California, 92101., is the owner ofthe propedyheremafler described, that said owner has roused eonslruction of GOLDEN CIRCLE DRIVE REHABILITATION FROM PIRST STREET TO 650' NORTH DP FOURTH STREET wrier ronUaet entered into on JAMJARY 18, 2011 with HARDY & on which such work improvement was placed is N the City of Santa A�, Cowty of Orange, Sta<eof CaliPomia, rod desalbed as Project No. l l� loratdl at. GOLDEN CIRCLE DRIVE The work improvement on said properly was accepted as rompleted on JUNE 24_,2011, CIfYOFSANTA�NA,AMUNIC� C RPORATIDN 71112011 � '�� Daf¢d, Cily Engiaern rmE VERIFICATION I, thewdersigned, say I amthe City Engineer of the City of Swta Ana, Cali%mia; I executed the foregoing Notice of Completion wing on behalf of the owner of f6e property theein described; I make this verificetion on behalf of said wrpomtionby ambnaation of the City Cowcil of the City of Swta Ana; I have r¢ad said notioe rod know the contents thereof; and 1 decline wrier penally of perjury that the facts therein stated arewe. Ezecut¢d on 11112011 , al Swta Are, California PER on which rontract IIVfERNATIGNALPIDELITYINSI JRANCECOMPANY is Surety. The property RiamNrt finLvimulawpnngNalik amemt of Naiia of fempl¢uon ue rn¢J THI3 NDTICEOF WMPLETIO� MVST BE RECi1RDED wITHW TEN (10) DAYS AFTER COMPLETION REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 18, 2011 TITLE: CONTRACT AWARD FOR GOLDEN CIRCLE DRIVE REHABILITATION (PROJECT NO. 116747) CI MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ,JqN 1 8 2011 13�As Recommended � As Amended 0 Ordinance on � �` Reading 0 Ordinance on 2ntl Reading � Implementing Resolution � Set Public Hearing For CONTINUED TO FILE NUMBER Award a contract to Hardy and Harper the lowest responsible bidder, in accordance with unit bid prices in the estimated amount of $298,000 for construction of Golden Circle Drive Rehabilitation from First Street to 650 feet north of Fourth Street, and authorize the City Manager to execute necessary change orders in an amount not to exceed the contract plus approved contingency_ 2. Approve a Funding Analysis with a total estimated construction cost of $507,600. DISCUSSION The segment of Golden Circle Drive from First Street to north of Fourth Street has been identified as a high priority by the City's Pavement Management System (Exhibit 1 ). The pavement is deteriorating due to weather, age, and heavy usage. Some of the adjacent curbs and gutters are also in various states of disrepair and require replacement. This project provides for construction of new street pavement and replacement of damaged concrete curbs and gutters. Once completed, these improvements will enhance the ride quality, surface drainage, and appearance of the street. The Notice Inviting Bids was advertised on November 29 and December 1, 2010 and bids were opened on December 21 , 201 O_ A summary of the bid invitations mailed, the bids received, and the bid results follows. Santa Ana Contractors receiving notices: 13 Contractors requesting bidding documents: 15 Bids received: 8 Bids received from Santa Ana Contractors: 2 Contract Award For Golden Circle Drive January 18, 2011 Page 2 While the City made outreach effort s to Santa Ana contractors regarding the Notice Inviting Bids, only two of the 13 Santa Ana contractors submitted a bid as a prime contractor: Hardy and Harper and FM &Sons, Inc. The other 11 Santa Ana contractors did not submit a bid either because they are either not capable of performing this type of work, unable to obtain insurance because the project is too large, or they work as a subcontractor to certain prime contractors. The bids received are as follows. NAME OF RESPONSIVE BIDDER C CITY B BID AMOUNT 1 _ H Hardy &Harper S Santa Ana $ $298,000.00 2. E Excel Paving Company L Long Beach $ $323,520.00 3. A All American Asphalt C Corona $ $331 ,331 .00 4. R R_J. Noble Company O Orange $ $342,475.00 5. B Bannaoun Engineers C Chatsworth $ $360,230.00 6. F FM &Sons, Inc_ S Santa Ana $ $378,657.40 7. E Elite Bobcat Service, Inc. C Corona $ $3831 199.00 8. S Silva Construction, Inc. R Rancho Cucamonga $ $409,591.00 her review_ Categorical Exemption Environmental Review No. 2010 -144 was filed for this project_ FISCAL IMPACT The funding analysis shows a total estimated construction cost of $507,600 for the project (Exhibit 2). Funds are available in the Proposition 1 B Fund (accounting unit 03017660- 62200)_ APPROVED AS TO FUNDS AND ACCOUNTS: J Raul Godinez II Francisco Gutierrez r 3 Executive Directo Executive Director Public Works Agency Finance & Mgmt. Services Agency RG/WA Exhibit 1: Project Location Map 2: Funding Analysis ...... - EXHIBIT 1 SANTA ANA T�E: � P W A � A ,,°�,1° �'�= GOLDEN CIRCLE DRIVE REHABILITATION o�a�� .o+R� �GENCr (PROJECT NO. 116747) FUNDING ANALYSIS PROJECT NO. 116747 GOLDEN CIRCLE DRIVE FROM FIRST STREET TO 650 FEET NORTH OF FOURTH STREET Construction Contract $298,000 Contract Administration $9,700 Inspection and Testing $20,000 Survey Staking $15,000 Contingencies $164,900 TOTAL ESTIMATED CONSTRUCTION COSTS $507.600 Exhibit 2 �'�y.. �'^ �• R sa <'F.. h� �YY r E R i F� TM M r" F h � 7 � Y � � 6 j q 5 {IC. N t ��J • Y ? A� Y _ y ry� 1 1 1 i , l � O 4 5 f � (� 0� °� � '� � !� f 's > E Y r --, _ .F - � Y. t r � ,� � �' � E i ' e � J � x - � 2 { �, Y �! + j � G + , 4 k.: . ml - Y �E. � ,1. e �. 1( 1 ] 1 f � k %S? `n. �' J ��"T,vd�' �.�.a.?? � i �).n, � �'.4� � � & j'q+' �c M NI �� {jn �.. . .i�Y' �� .tt n. r \�i': �iLF:I �'' i �. . a*�y �V _ Y? Y � s ii � s i '�� T R . - ! � x Fti- � �. [.�. � � F � r�� _. �: �� - ,.. � `� _ � i � _ _ �. 1 �r : ; � � � � � � S � j e ). - � � i J � . M" � N; 6 ,V V � _ / � ' � S l i y;'�` r' j t � n a° ) �T 1 l �% P a _ f t � - h3�"+� �sni�Y �'�m n�Ky' �r R:. .ae `R.� � eN r r �'� '� � d � S i�r NSt'� - 1 F,lf, jj,. fy ��. �� I e � - � i �r y '�' " � .. Y d� �' � � i P � �+ � � r '�.� f _. � 1 ;�_ `ri 5 t � 2' � �1 'A i . uNa �,^' a ry ��' � -' :r � l� p . r � � r) � 4 � !„eo1W.ti7 y d d r, d.. F � � �i`' '� c� � 5. �I x n � j _ � � � Y'� >�` 1 E �� . S � > ti` _ � ! �ll ', � i s � t }+ �� 9 _ r, 1. ].J, � ' � � � Y Y: F r� � i - -� � ,'. ,� dk S F � � � - ;„ � u r � T _ ,.; xr� .. .,. ._ ._ __ ..�. .. _.. _ .. ^ir. � *.r .,� ,.� � _ __ _ . -_. __�.E �'�y.. �'^ ORANGE COUNTY REPORTER —SINCE 7927 — 600 W SANTA ANA BLVD, SANTA ANA, CA 92707 Telephone (714) 543 -2027 /Fax (774) 542 -6841 Dina Melgar SANTA ANA/PUBLIC WORKS AGENCY 20 CIVIC CENTER PLAZA 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 Description: Gdden Circle Dr Rehab 1 am a citizen of the United States and a resident of the States 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: 1 1 /29/201 O, 12/01 /'LO 1 O Executed on: 12/01/2010 At Los Angeles, California I certify (or declare) under penalty oJ�p9FjurJ/th [h reg�ing is true and correct. � / �� ` Thls space Ia aling stamp only OR �: 79957 57 NOTICE WVfTM10 BIDS NOTICE IS IEREBY GIVEN that the Gry of Santa Me. Catlbmie witl reeelw et Gry Hell -ROp Mne; (hF43). 20 Gylc Gaoler Rae, Santa Ma, CelCOmla !r2]Ot, the Publl W A FI R , at Or Ore r o P.m. on uestlay, Ueeembar 21, 2010 palatl des. snd/or proposals br PROJECT NO. 11$]4]: GOLDEN CIRCLE DRIVE REHABIUTATgN FIRST STREET TO B60' N/O FOURTH STREE7 (Walt tra;ludp eecavpon, asphalt oonaero peverrronL repleeement of trodbetor erltl putter. inetallatbn 01 loops, uWlry atljuatnronrs, siprinp. entl stdPinp.) Notice fe herepy ptwn BIDDERS Crot In accordance with Cte proNSbna of Ms CWfanla Labor Cods. not lace Man the prevlYNnp rate of per dlem wages for aeU creh or type of worker entl maehanfe nestled b epwte the convect ti the IoeeNry M wMeh Cro work la m be perhxmed, entl trot Nee than Cte general Ratn1Nnp tar a par dam weep rot day antl oyerYrne work m tletermined M stsete�a CaNf°fomi �t� bselaHOns of �� «�� paltl b ell Eeeh bltl ehaH be aeeonpenlW Dy aroh, a eashlers or oertlaed cheek payable to Ma City d Santa Me. or dtl bontl Issued by e ewporate wrey, br en artnunt not less Men tan percent (10%) or Me nlpale d tlro 01d. es a Queramee Mat Me BIDDER will enter mb Me propaaed rAmroet H Me aerro Is awarded b hlm. The sloQnettea M tM BIDDER a0 Sro b1tl borM M115T a roMSd. TYts City Caurx:ll rspryp the rlpht w reiect erry or all ads. The sueeapfW BIDDER rrerot pwseu or dxaln a veCtl CalCOmie Class A Contraelpr'e Ilwnp pda td Ma echetlWatl award date of Mla eoneraet. Subetku4on of eeeudaae fa any malip wlMhald by Ma Ciry of Soma Ana to errrrre paAartrnea le elbwed in aceadarca with tlro Pubtle Contract Code. Comdata seta rN the Plena antl $oect a mee�e— IurmTdta� the 1�ena amp apanncatwns are aver able in pomade document Mmtet (PDF) on oortQact tllak (CD) antl in paper t. There ro no charge br Crop Plena enrl Spsdficaaona on CD. Thera la a 524.53 charge (non- raluntlabla) la Mesa Rana erw Speclflcatlaro M paper lomret, p1w a 514.42 adtlltlonal tea if rralNetl. Makes cheep payable b the Gry d Santa Me. DO NOT CALL PURCHASING DIVISION REGARDING AVAILABILrfY OF PLANS AND SPECIFICATIONS. 11/29. 12/1H0 IIIIIN IIII IIIII IIIII IIIII IINI Illy 11111111 IIIN 11� IIIII INII III IIII tlt A 0 0 0 0 0 1 9 5 7 4 6 7 1k OR- 1ppelSle CITY OF SANTA ANA PROJECT NO. 1 16747: GOLDEN CIRCLE DRIVE REHABILITATION FIRST STREET TO 650' NORTH OF FOURTH STREET PROPOSAL 8r. CONTRACT AGREEMENT BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: Hardy & Harper, Inc. REQUIREMENT: The undersigned declares that he /she has carefully examined the location of the proposed work, that he /she has examined the Plans and Specifications and read the accompanying instruction to BIDDERS, and hereby proposes to furnish all material and .do all the work required to complete the said work in accordance with said plans, specifications and special provisions, for the unit prices) or lump sums) set forth in the following schedule: Item # Bid Item Unit uanti ,U/n�it Price Amount 1. Unclassified Excavation CY 1,640 $ `Z $�� 2. AC Pavement TN 3,250 $ � S — $ 2. `i ' �s 0 — 3. PCC Curb and Gutter (Type A -2 -8) LF 370 $ �� —' $ `__� , $�0 — 4. Adjust Manhole Frame and Cover to EA 5 $ ��S $ 3 33 — Finished Grade 5. Furnish and Install Water Valve Box EA 10 $ �d0 $ Frame and Cover 6. Pothole Unmazked Utilities EA 5 C $ �-7 � � — $�U 7. Tra1I"ic Loop Detector j' EA 18 $ ZD � —' $� — 8. Temporary Construction Sign EA 3 $ ��0 '— $��Q — 9. Signing and Striping j- LS 1 $� $ �� Z �`� TOTAL BID------------------------------------------------------------------- -- - - -- e Zq S'C . l"�O _' The lowest responsible bidder shall be selected based on the low TOTAL BID. f This bid item is considered a Specialty Item per Section 2 -3.2 of the Standazd Specifications. TO BE INCLUDED IN BID PACKAGE BP 1 of 13 CITY OF SANTA ANA PROJECT NO. 116747: GOLDEN CIRCLE DRIVE REHABILITATION FIRST STREET TO 650' NORTH OF FOURTH STREET PROPOSAL 8c CONTRACT AGREEMENT BID PROPOSAL, continued PROJECT NO. 1 16747 BIDDER GOLDEN CIRCLE DRIVE REHABILITATION Firm FROM FIRST STREET TO 650' NORTH OF Hardy & Harper, Snc. FOURTH STREET Address 1312 E . Warner Ave . Santa Ana., CA 92705 Phone 714- 444 -1851 Fax 714- 444 -2801 Email c] rschna ar andharp r_com BIDDER Signature tava Rirs hnar Vice President TO BE INCLUDED IN BID PACKAGE BP 2 of 13 CITY OF SANTA ANA PROJECT NO. 116747: GOLDEN CIRCLE DRIVF_ RF_HABILITATION FIRST STREET TO 650' NORTH OF FOURTH STREET PROPOSAL AND CONTRACT AGREEMENT LIST OF SUB - CONTRACTORS Section 4100 ct. seq. of the Public Contract Code requires listing of all subcontractors with [he bid for all subcontract work exceeding the following amount: - Streets, highways including bridge projccts; '' /z% of the bid or $ 10,000, whichever is greater - Buildings, parks, or other projccts: '' /z% of the bid BIDDER proposes to subcontract certain portions of the work to the firms listed below: NAME � •�.� S�l \ NAME LOCATION LOCATION PHONE - q �--(S S PHONE TYPE OF WORK j.-,r- . $ S'-- TYPE OF WORK _$ NAME cjr�r.��{%SCx� �, D � � NAME LOCATION LOCATION PHONE '}I�{ C.�c��. - S�'� PHONE TYPE OF WORKT{r0. � $ 3, S" �(�— TYPE OF WORK $ NAME �� U }-� �;,1.�� ►J G��S��ctq NAME LOCATION _� prp,^�, I � J LOCATION PHONE �- "j, _TTY (off PHONE TYPE OF WORK ��/Sa- $ O � TYPE OF WORK $ NAME NAME LOCATION LOCATION PHONE PHONE TYPE OF WORK $ TYPE OF WORK $ NAME NAME LOCATION LOCATION PHONE PHONE TYPE OF WORK $_ TYPE OF WORK $ H rdy & Harper Snc. n£Fi ubmi i g Bid Signa e o D e Kirschner Vice President TO BE INCLUDED IN BID PACKAGE BP3of13 CITY OF SANTA ANA PROJECT NO. 1 16747: GOLDEN CIRCLE DRIVE REHABILITATION FIRST STREET TO 650' NORTH OF FOURTH STREET PROPOSAL 8c 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 B[DDER and the AGENCY only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Public Works Agency Executive Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to BIDDER or deposited with the United States Postal Service properly addressed to the BIDDER with the correct postage aftixed 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 (1 O) 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 BIDDFR'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 tinal 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 [he Workers' Compensation Insurance Certificate are to be incorporated by reference into this Agreement and are made specifically as part of this bid- Name of Firm Hard�/�& Harper, _ Signature BIDDER Title Vice President (if an individual, so state) Steve Kirschner TO BE INCLUDED 1N BID PACKAGE BP4of l3 CITY OF SANTA ANA PROJECT NO. 1 16747: GOLDEN CIRCLE DRIVE REHABILITATION FIRST STREET TO 650' NORTH OF FOURTH STREET PROPOSAL AND CONTRACT AGRFEMENT BIDDER'S STATEMENT continued (If a firm or co- partnership, state the firm name and give the names of all individual co- partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) See Attachment A Awarded �� on the basis of owest ponsible and sponsive bidder in the amount of $ �� UU ATTEST: �� 2 titer_ � � flL�- r' -y CLF_RK OF T I-1E COUNC APPROVED AS TO FORM: �' I tir �� P r2{� -t'� ,��CITY ATTORNEY � ACTION OF COUNCIL: Date � 2p �_ ACCCEPTED FOR THE CITY OF SANTA ANA: ■ EXE IVE DIRE OR PUBLIC WORKS A NCY BPSof13 TO BE INCLUDED IN BID PACKAGE AttachiYient A .Ifarciy c�7- Larper, Inc. Corporate Officers Fred T. Maas, Jr., President, Treasurer, 1312 E. Warner Avenue Managing Officer Santa Ana, CA 92705 hone: 714 444 -1851 Dan T. Maas, CEO 1312 E. Warner Avenue hone: 714 444 -1851 Santa Ana, CA 92705 Steve Kirschner, Vice President 1312 E. Warner Avenue hone: (714 444 -1851 Santa Ana, CA 92705 Kristen S. Paulino, Corporate Secretary 1312 E. Warner Avenue hone: 714 444 -1851 Santa Ana, CA 92705 Surety 8z Agent for Bonds International Fidelity Insurance Company 13400 Sabre Springs Parkway, Suite 270 phone: (800) 336 -1533 San Diego, CA 92128 contact: Dwi ht Refill Commercial Surety Bond Agency 1411 N. Batavia St., Suite 201 phone: (714) 516 -1232 Orange, CA 92867 contact: Allison Ritto Insurance Agent Wood Gutman 8z Bogart Insurance Brokers 15901 Red Hill Ave., Suite 100 phone: (714) 505 -7000 Tustin, CA 92780 contact: Paula Mowles CITY OF SANTA ANA PROJECT NO. 116747: GOLDEN CIRCLE DRIVE REHABILITATION FIRST STREET TO 650' NORTH OF FOURTH STREET PROPOSAL AND CONTRACT AGREEMENT CERTIFICATION OF NONDISCRIMINATION BY CON "TRACTOR The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: L The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin- The Contractor shall take affirmative action to ensure that applicants arc employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin - 3- The Contractor shall send to each labor union or representative of workers with which he /she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the C'ontractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employmcnt- 4. The Contractor shall comply with all provisions of Executive Order 1 1246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Contractor shall furnish all information and reports required by Executive Order 1 1246 of September 24, 1 965, 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 1 1246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 1 1246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. TO BE fNCLUDED IN BID PACKAGE BP6of13 CITY OF SANTA ANA PROJECT NO_ 1 16747: GOLDEN C[RCLE DRIVE REHABILITATION FIRST STREET TO 650' NORTH OF FOURTH STREF_T PROPOSAL AND CONTRACT AGREEMENT CERTIFICAT[ON 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 1 1246 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 Stales. 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 s rovid -n Section 14 ,and any contractor of public works violating this Section is bj t ;o all a enal es posed for violation of the Chapter_ Signed taVa Kirschner Title Vice Presidan Firm Hardy & Harper, Snc. Date 12/13/10 TO BE INCLUDED IN B1D PACKAGE BP7of13 CITY OF SANTA ANA PROJECT NO. 1 16747: GOLDEN CIRCLE DRIVE REHABILITATION FIRST STREET TO 650' NORTH OF FOURTH STREET 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 Codc Section 3300, unless the hired cmployec(s) is (arc) persons excluded by said Labor Code, I shall furnish the City of Santa Ana with an insurance certificate from my workers' compensation surance carrier certifying that I carry such insurance and that the policy shall not be canceled nor Overage %e�ced�cept upon thi�(30) days prior written notice to [hc City of Santa Ana. I Signed Title Vice President Firm Hardy & Harper, Inc. Date 12/13/10 Steve Kirschner BP8ofl3 TO BE INCLUDED IN BID PACKAGE CITV OF SANTA ANA PROJECT NO. 1 16747_ GOLDEN CIRCLE DRIVE REHABILITATION FIRST STREET TO 650' NORTH OF FOURTH STREET PROPOSAL AND CONTRACT AGREEMENT REFERENCES The following are the names, addresses, and telephone numbers for three public agencies for which BIDDER has performed similar work within the past two years. 1. See Attachment B Name and Address of Owner_ Name and Tclephonc Number of person familiar with project. Contract Amount Type of Work Date Completed 2. Name and Address of owner. Name and Tclephonc Number of person familiar with project. Contract Amount Type of Work Date Completed 3. Name and Address of owner. Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties tiom whom BIDDER intends to procure insurance and bonds_ See Attachment A TO BE INCLUDED IN BID PACKAGE BP9of13 Attachment B 7farcfy 6Z.Ifarper, Inc. Owner /Agency Contact Project (Amount 8� End Date) City of Diamond Bar Kimberly Molina, PE Preventive Street 21825 E. Copley Drive (909)839 -7000 Maiiztenance Program Diamond Bar, CA 91765 f. (909)861 -3117 $ 1,521,000.00 5 /10 City of Irvine Darrell Hartman, PE Redhill Ave. Rehabilitation One Civic Center Plaza (949)724 -7546 $ 1,715,000.00 4/10 Irvine, CA 92623 -9575 f. (949)724 -6187 City of Glendora Jason Roehrborn, PE Grand Ave. Grind & Overlay 116 E. Foothill Blvd. (626)914 -8253 1,276,000.00 3/10 Glendora, CA 91741 -0338 f. (949)455 -2589 Anaheim Union High John Oskoui, PE Magnolia High School School District (714)999 -5456 Paving Project 501 Crescent Way f. (714)956 -1954 826,000.00 12/09 Anaheim, CA 92803 City of Temecula John Salazar, PE De Portola Road Pavement 43200 Business Park Dr. (951)694 -6411 Rehabilitation Temecula, CA 92589 -9033 f. (951)694 -1999 $ 1,374,000.00 12/09 CITY OF SANTA ANA PROJECT NO. 1 16747_ GOLDEN CIRCLE DR[VE REHABILITATION FIRST STREET TO 650' NORTH OF FOURTH STREET PROPOSAL AND CONTRACT AGREEMENT BIDDER'S STATEMENT REGARDING APPRENTICESHIP REQUIREMENTS The undersigned BIDDER is familiar with the requirements of Section 1777.5 of the Sta[c Labor Codc 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 fiords in each craft or trade in which he /she employs journeymen or apprentices on the public work, in the same amount or upon the same basis and in the same manner as the other cont tors, excep�ontra ors not signatory the trust agreement shall pay a like amount to the Calif ntuentice�ri Co c / Signed Title Vice President Firn� Hardy & Harper, Snc. Date 12/13/10 Steve Kirschner BP 10 of 13 TO BE INCLUDED IN BID PACKAGE CITY OF SANTA ANA PROJECT NO. 1 16747: GOLDEN CIRCLE DRIVE REHABILITATION FIRST STREET TO 650' NORTH OF FOURTH STREET PROPOSAL AND CONTRACT AGREEMENT NON - COLLUSION AFFIDAVIT (Title 23 United States Code Section 1 12 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 1 12 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 rtion thcrco � shall als -onstihrtc signa of this Non - collusion Affidavit. BIDDERS ar ea ed t at Maki g false e ification subject the certifier to criminal prosecution. Signed /</�! va Kirschriex, Vica President State of California County of Subscribed and sworn to (or affirmed) before me on this day of 20 by ,proved to me on the basis of satisfactory evidence to be the persons) who appeared before me. Notary Public Signature Notary Public Seal TO BE INCLUDED IN BID PACKAGE BP 11 of l3 CALIFORNIA ALL - PURPOSE AC}CTJOWLEDGMENT State of California Orange County of December 20, 201 O o- nn Lyons, Notary Public On before me, Dale Steve IrB(� ame and T[la of the Officer ' personally appeared who proved to me on the basis of satisfactory evidence to be the person(�j whose name( is /a® subscribed to the within instrument and acknowledged to me that he /s�.sao /thy executed the same in his /iamr /tll�r authorized capacity(iea), and that by his /I�at'tll�tr signature(tS3j on the instrument the person(, or the entity upon behalf of which the person(�j acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNES my h nd and o 'al seal. � � , Signature Place Nolary Seal Above Signature of Nclary Poblic OPTIONAL Though the information below is not required by law, it may prove va /uable to persons relying on the document and cou /d prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document NonCollusion Affidavit Title or Type of Document: Document Date: Signers) Other Than Named Above: Capacity(ies) Claimed b�t��jres�gr December 20, 201 O Number of Pages: Signer's Name: Vice President .�'`, JO -ANN LYONS �'��.r;_, -' COM M. #18 h13_29 -_� _��-,�' a Notary Pu Ulic- California My OriANGF COUNTY _ Conun. Expires npr. 17. 2013 who proved to me on the basis of satisfactory evidence to be the person(�j whose name( is /a® subscribed to the within instrument and acknowledged to me that he /s�.sao /thy executed the same in his /iamr /tll�r authorized capacity(iea), and that by his /I�at'tll�tr signature(tS3j on the instrument the person(, or the entity upon behalf of which the person(�j acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNES my h nd and o 'al seal. � � , Signature Place Nolary Seal Above Signature of Nclary Poblic OPTIONAL Though the information below is not required by law, it may prove va /uable to persons relying on the document and cou /d prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document NonCollusion Affidavit Title or Type of Document: Document Date: Signers) Other Than Named Above: Capacity(ies) Claimed b�t��jres�gr December 20, 201 O Number of Pages: Signer's Name: Vice President Signer's Name: � Individual O Individual Corporate Officer — Title(s): O Corporate Officer — Title(s): � Partner — O Limited O General _ __ _ � Partner — O Limited � General O Attorney in Fact - _ _ O Attorney in Fact - O Trustee Top of thumb here O Trustee Top of thumb here O Guardian or Conservator O Guardian or Conservator O Other: O Other: Hardy 8 Harper, Inc. Signer Is Representing: Signer Is Representing: 2007 Nallonel Nolary Assoriatlon - 9350 Oa Solo Ave., P.0.0ox 2402 - Chatsworth, CA 91313 -2402 - www.NaHonelNa[ary.org Item fR590] Rearder:Call Toll -Free 1- 800- 8]B�H2] CITY OF SANTA ANA PROJECT NO. l 16747: GOLDF_N CIRCLE DRIVE REHABILITATION FIRST STREET TO 650' NORTH OF FOURTH STREET PROPOSAL AND CONTRACT AGREEMENT BIDDER'S STATEMENT REGARDING "ANTI- KICKBACK" RE )UIREMENTS 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 (1 8 USC 74) as supplemented in the Department of Labor regulations (29 CFR, Part 3). This act provides that each contractor or subcontractors 1 be prohi ite from cing, by any me s, any person employed in the construction or repair o _ c wRrk,_to�iv�up�a p rt of the com �sation to which he /she is otherwise entitled. Signed "Title Vice President Firm Hardy & Harper , Snc _ Date 12/13/10 Steve Kirschner TO BE INCLUDED IN BID PACKAGE BP 12 of 13 CITY OF SANTA ANA PROJECT NO. 116747: GOLDEN CIRCLE DRIVE REHABILITATION FIRST STREET TO 650' NORTH OF FOURTH STREET PROPOSAL AND CONTRACT AGREEMENT CONTRACTOR'S LICENSING STATEMENT The undersigned contractor, or corporate officer, declares under penalty of perjury that the following is taste and correct_ Contractor's Name: Hardy & Harper Sne BusinessAddress: 1312 E. Warner Ave_ Telephone: 7 1 4 — 4 4 4 —1 8 5 1 State Contractor's License No_ and Class: 215952 A. C8 . C12 r.xp�ra Da[e: Signed Title: Vice President TO BE INCLUDED IN BID PACK_ACiE BP 13 of 13 II cS...,oy `„Band Wince 190J International Fidelity 1 N S U R A N C E C O M P A N Y One Newark Center Newark, New Jersey 07102 (973) 624 -7200 Bond No. HARHA -216 KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned, Hardy & Harper, Inc_ as Principal, and THE INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation of the State of New Jersey, as Surety, are hereby held and firmly bound unto City o£ Santa Ana In the penal SLJm Of Ten Percent o£ the Total Amount Bid ($ 10 °s 1 for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns. Signed, this 14th day of December 2O 10 The condition of the above obligation is such that whereas the Principal has submitted to City of Santa Ana a certain bid, attached hereto and hereby made a part hereof, to enter into a contract in writing for Golden Circle Drive Rehabilitation First Street to 650' North o£ Fourth Street NOW, THEREFORE, (a) If said bid shall be rejected, or in the alternate (b) If said bid shall be accepted and the Principal shah execute and deliver a contract in the form of contract attached hereto, properly completed in accordance with said bid, and shall furnish a bond for the faithful pertormance of said Contract, and for the payment of the persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said bid; THEN, THIS OBLIGATION SHALL BE VOID, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligation of said Surety and its bond shall be in no way impaired or affected by any extension of time within which the said bid may be accepted; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety have hereto set their hands and seals, and such of them as are corporations have caused their corporate seals, to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. Signed, sealed and delivered in the presence of: ATTEST: ATTEST: Bid Bond Date 12/14/10 Ha rb2 Principal Steye K�rschne�,, jLi.ce Prey. INTERNATIONAL FIDELITY INSURANCE CO. B Dwight Reilly, Attorney -1 n -Fact CALIFORNIA ALL - PURPOSE ACICNOWLEDGMETIT State of California Orange County of Decem er o- nn Lyons, Notary Public On before me, Oate teve IP®B tName and Title of [he Ofticer personally appeared who proved to me on the basis of satisfactory evidence to be the person(R) whose name( is /a® subscribed to the within instrument and acknowledged to me that ' he /efts /ttx�j executed the same in his/F�Ba /tk�r authorized capacity(iQy), and that by his /haa�ttmir signature( on the instrument the person(a), or the entity upon behalf of which the person(�j acted, executed the instrument. �o .ANN woNS I certify under PENALTY OF PERJURY under the laws s�,4 a' coY,m :,teat �e - of the State of California that the foregoing paragraph is _- NOt.II F'ubllc -( illtprn is ORI�N(.F COU �iY - true and correct. My Conun E zpiros Apr 17. 707 -. �( WITNES my h nd and ial seal. �` Signature � r Place Notary Seal Above Signature of Notary Public OPT /O/VAL Though the information below is not required by law, it may prove valuable to persons relying on the document and cou /d prevent fraudulent removal and reattachment of this lorm to another document. Description of Attached Document Bid Bond Title or Type of Document: December 14, 201 O 1 Dwight Reilly Document Daie: Number of Pages: Signers) Other Than Named Above: Capacity(ies) Claimed b��34�i1rEF�gr Signer's Name: Vice President Signer's Name: D Individual O Individual Corporate Officer — Title( :): O Corporate Officer — Title( :): � Partner — p Limited O General _ _ _ p Partner — O Limited � General O Attorney in Fact _ _ _ _ � Attorney in Fact O Trustee Top of thumb hero Tap at thumb here O Trustee O Guardian or Conservator O Guardian or Conservator O Other: O Other: Hardy 8. Harper, Inc. Signer Is Representing: Signer Is Representing: ®200] National Notary Association - 9350 Oe Soto Ara., P.O. 0or< 2402 -Chatsworth, CA 91 31 3 -2602 - www.NalionalNOtary . org Item p690] Reortler: Call Tall -Free t- 600.8"16 -682] ACKNOWLEDGMENT State of California County of Orange ) On December 14th 2010 before me, Allison Ritto, 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(�j whose names) is/�� subscribed to the within instrument and acknowledged to me that he/sta+eitiaay� executed the same in hisf#t�i�fFi'f34t� authorized capacity(), and that by his#tdxaor signature(') on the instrument the personQg9, or the entity upon behalf of which the persontrs9 acted, executed the instrument. 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. California s Signature (Seal) u- 20�2�' A icon Ritto -? Te }. (973) 624 >7200 P� �' /`. �/ R ' OF AT O i INTERNATIONAL FIDELITY INSURANCE "COMPANY HCiME OFFICE: ONE NEW4RIi'CENTER 26TH FLOOR � NEWARK; NEW JERSEY 67102 .5207 KNOW ALL MEN$Y THESE PRESENTS: __= That INTERNATIONAL.FIDELITY INSURANCE COMPANY, a corporation: :organized and existing laws'of the$tate of New Jersey, and having its principal office in,t#te City of Newark,New Jersey, does hereby consu[u[e and appoint: DWIGHT RETLLY, RALPH EIDEM, JR_, ARTURO AYALA, DANIEL'HUCKABAY Orange, CA. its true and lawful attorneys) m -fact Co execute, seal and deliver for and on itsbehalf as surety, any and all bonds and undertakings, convacts of indemnity and other wnnngsobbgatory to Ute nature thereof, which are or may be allowed, required or perm�ited by law:; stature, rule reggulation, contract or otherwise, and the execuuon'of such msvument(s) inpursuance of these presems, shallbe .as binding upon the said INTERNATI(NAL FIDELITY INSURANCE COMPANY,..as fully and amply, to all intents 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 mayy be revoked pursuant to and by authority of Article 3- Section 3, of the By Laws adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY a[ a meeting called and held on [he 7th day of February, 1974. The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority (1) To appoint Attorneys -in -fact, and [o authorize them [o execute on behalf of [he Company, and attach the Seal of the Company thereto, bonds and undertakings, convac[s 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 authority given. Further, this Power of Attorney is si ned and sealed by facsimile pursuant to resolution of [he Board of Directors of said Company adopted a[ a meeting duly called and held on [he 29th day ofgApril, 1982 of which [he following is a [rue excerpt. Now therefore the signatures of such officers and [he seal of [he Company may be affixed m any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signamres or facsimtle seal shall be valid and binding upon [he 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 or undertaking to which i[ is attached. o�P ORgr 'Py= �' SEAL ``� � � y 7 904 �. O �d'�1� ;E *�a�' IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY 1NSIIRANCE COMPANY has caused [his instrument to be signed and its corporate seal to be affixed by its authorized officer, [his 16th day of October, A.D. 2007. INTERNATIONAL FIDELITY INSURANCE COMPANY STATE OF NEW JERSEY County of Essex Secretary On this 16th day of October 2007, before me came the individual who executed [he receding instrument to me ppeersonally known, and, being by me duly sworn,said the he is the therein described and authorized officer of [he INTERNATIONAL FIDELITY 1�1VSURANCE COMPANY; chat the seal affixed Co said insvumen[ is the Corporate Seal of said Company; that [he said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. �„d� N1I i/.qz �M:.� IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my OfficialSea1, ` ?!'�U1P�_� Y4 OG �''. at the City of Newark, New Jersey [he day and year first above written_ s ->s". .... �i� �M�s�S A NOTARY PUBLIC OF NEW JERSEY -_ �� ••..........vt• CERTIFICATION. My Commission Expves.March.. 27, 2014 1:, die undersigned ofFcer of> INTERNATIONAL FIDEL3TY INSURANCE COMPANY dohereby certify tha:LI have comparedthe foregoing copyof the '. Power of Attorney and.!affidavit,_;and dle'. copy of the Secuon=of the !By -Laws o €.satd'Company as set forth in said'I'ower of Attorney, with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY, a.nd that the same .are. correct vanscripts thereof, aad of the whole of the said originals, and that the said Power of Attorney has noS been revoked and is now n full forceand effecF ` - IN TESTIMONY WHEREOF, I have hereunto set my hand this ].4tI1 :: day of. I�Cr�rtiY�ar /r ZQ1:Q �/ � �� Assistant Secretary MEMORANDUM David Ream To: City Manager From: Subject Date: May 18, 2011 Raul Godinez 11, Executive Director '� Public Works A enc REQUEST FOR APPROVAL OF CHANGE ORDE O. 1; PROJECT NO. 11 -6747 Contractor: Change Order Number: Account Unit: 03017660 Original Contract Cost: Hardy 8. Harper, Inc_ 1312 E. Warner Avenue Santa Ana, CA 92705 Project Description: Golden Circle Drive Rehabilitation between First Street and 650' North of Fourth Street 1 Estimated Amount: $58,392 Account: 66220 Activity: 1 1 674701 028 $298,000 of Original Amount of The Change Order: $58,392 19.6% -0- -0 - $58,392 19.6% 11: $164,900 55.3 Previously Approved Change Orders: Total Change Orders: Contingency approved by Council on January 1855.3% REASON FOR CHANGES This project .is funded with proposition 1 B. The bid came much lower than the engineer's estimate; to maximize the use of the available funds, cross gutters were reconstructed on Golden Circle at First and Fourth Streets; also, driveways approaches along Golden Circle were reconstructed. The contractor shall be paid based on negotiated unit prices and actual quantities. Prior approval for this change order was granted on March 8, 2011. ESTIMATED COST = $58,392 Project 1 1-6747 RFA Change Order No. 1 May 18, 2011 Page 2 Raul Godinez, II Executive Director Public Works Agency PROJECTS /CO/77 -6747\ RFA CO 7 APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez �g Executive Director Finance and Management Services Agency _ #Y � y 1 � Y .�' �i t � `r � F O P w CITY OF SANTA ANA PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER rotec um er -6747; GOLDEN CIRCLE DRIVE REHABILITATION Change Order Number 1 BETWEEN FIRST STREET AND 650' NORTH OF FOURTH STREET To Hardy &Harper, Inc. Contractor You are hereby directed to make the herein changes from the plans and specifications or do the following described work not included in the plans and specifications on this contract. NOTE: THIS CHANGE ORDER IS NOT EFFECTIVE UNTIL APPROVED BY THE CITY COUNCILOR CITY MANAGER. __ Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be matle for idle time. Change requested by PUBLIC WORKS AGENCY ADD THE FOLLOWING LINE ITEMS TO THE CONTRACT Line Estimated Unit Item # Line Item Unit Quantity Price 10 Remove and Construct SF 3,633 $15.50 Crossgutter per Standard Plan No.1109 1 1 Remove and Construct Driveway Approach per Standard Plan No.1112 II II Page � of 2 SF 260 $8.00 O£ � i � � ^/ :,, _�� y, Y. (, tl ` 1 J F () R p CITY OF SANTA ANA PUBLIC WORKS AGENCY CONTRACT CHANGE ORDER Project Number 1 1 -6747; GOLDEN CIRCLE DRIVE REHABILITATION Change Order Number BETWEEN FIRST STREET AND 650' NORTH OF FOURTH STREET To Hardy &Harper, Inc. contractor You are hereby directed to make the herein changes from the plans and specifications or do the following described work not included in the plans and specifications on this contract. NOTE: THIS CHANGE ORDER IS NOT EFFECTIVE UNTIL APPROVED BY THE CITY COUNCIL OR CITY MANAGER. Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time. Change requested by Pt teal tr \/Vnr�l,ts �(]PAI (`V The compensation both time and cost set forth in this final change order comprises the total compensation due the Contractor, all Subcontractors, and all Suppliers for all work performed per this change order, including impact on unchanged work. By signing this final change order, the Contractor acknowledges and agrees on behalf of himself, all Subcontractors, and all Suppliers, that the stipulated compensation includes payment for all work contained in this final change order, plus all payment for interruption of schedules, extended field overhead, home office overhead, profit, delay, and all impact, ripple effect or cumulative impact on all other work under this Contract. The signing of this final change order constitutes full mutual accord and satisfaction for all changes and work performed on this project, and that the time and cost paid per this final change order constitutes the total equitable adjustments owed the Contractor, all Subcontractors, and all Suppliers for all work performed on this project. The Contractor on behalf of himself, all Subcontractors, and all Suppliers agrees to waive all rights, without exception or reservation of any whatsoever to file any further claim related to this project. Estimated TOTAL COST THIS CHANGE ORDER: DECREASE $ _ _ _ _ _ INCREASE $ 58,392 By reason of this order the CONTRACT TIME completion will be adjusted as follows: NOne. We the undersigned contractor have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all service necessary for the work above specified, and will accept as full payment therefor the prices shown above. Accepted, Date -3�_ Contractor Hardy &Harper, Inc. By �� title' � `�iai7: e- ��%� °��r Approval recommended by 1 ( �� PUBLI $ Approved by C( CITY MANAGER Page 2 of 2 Date J�� 20�l Date S/ ZL ` �