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HomeMy WebLinkAbout06177 - HARDY & HARPER INC EMERGENCY REPAIR WORK OF AIRPORT RUNWAY Page I of 1 Kathie Hart From: Steve Bowser Sent: July 23, 2012 4:27 PM To: Kathie Hart Cc: Caren Nelson; Jay Thompson Subject: RE: A6177 - Hardy and Harper Kathie, Yes. PO 12-0527 was provided in accordance with A6177 (for a lump sum of$22,000). This PO was closed out on 12/12/11. Thanks Steve Bowser, C.M., AAAE Deputy Director of Aviation, O&M Palm Springs International Airport Tele: 760 318 3845 Cell: 760 898 0359 From: Kathie Hart Sent: Monday, July 23, 2012 4:02 PM To: Steve Bowser Cc: 'Jay Thompson' Subject: A6177 - Hardy and Harper Hi Steve! The agreement with the above was for Emergency Runway Repair. Has it been completed? May I close the agreement file? Let me know, ok? Thx! Kathie Hart, CMC Chief Deputy City Clerk City of Palm Springs (760)323-8206 3200 E Tahquitz Canyon Way 8 (760)322-8332 Palm Springs, CA 92262 ®Kathie.Hart@PolmSpringsCA.goov Please note that City Hull is open 8 a.m. to 6 p.m.Monday through Thursday,and closed on Fridays at this time. 07/25/12 AGREE NT THIS AGREEMENT made this At day of ✓fib Ek--'in the year 2011, by and between the City of Palm Springs, a charier city, organized and existing in the County of Riverside, under and by virtue of the laws of the State of California, hereinafter designated as the City, and Hardy& Harper, Inc. hereinafter designated as the Contractor. The City and the Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 --THE WORK The Contractor shall complete the Work as specified entitled: EMERGENCY REPAIR OF AIRPORT RUNWAY The Work is generally described as follows: Providing all materials, supplies, equipment and labor necessary to properly repair the airport runway by sawcutting both sides approx. 1000LF, grind existing asphalt depth 1 '/" and repave with Type A CalTrans mix PG 70-10 ''/2" approx. 1936 SF at the Palm Springs International Airport in Palm Springs CA. ARTICLE 2 --COMMENCEMENT AND COMPLETION The Work to be performed under this Contract shall commence on the date specified in the Notice to Proceed by the City, and the Work shall be fully completed within the time specified in the Notice to Proceed. The City and the Contractor recognize that time is of the essence of this Agreement, and that the City will suffer financial loss if the Work is not completed within the time specified in Article 2, herein, plus any extensions thereof allowed in accordance with applicable provisions of the Standard Specifications, as modified herein. They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the City if the Work is not completed on time. Accordingly, instead of requiring any such proof, the City and the Contractor agree that as liquidated damages or delay (but not as a penalty), the Contractor shall pay the City the sum of$ 0 (waived) for each calendar day that expires after the time specified in Article 2, herein. ARTICLE 3 --CONTRACT PRICE The City shall pay the Contractor for the completion of the Work, in accordance with the Contract Documents, in current funds the Contract Price(s) named in the Contractor's Bid . ORIGINAL BID AMU/OR AGREEMENT i ARTICLE 4 --THE CONTRACT DOCUMENTS The Contract Documents consist of the accepted Bid and Bid Schedule, List of Subcontractors, this Agreement, Worker's Compensation Certificate, (Waived), Payment-Bend (Waived), Standard Specifications, Special Provisions (Exhibit "A"), the Drawings (if applicable), Addenda numbers _none to _none inclusive, and all Change Orders and Work Change Directives which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto. ARTICLE 5 --PAYMENT PROCEDURES The Contractor shall submit Applications for Payment in accordance with the Standard Specifications as amended by the Special Provisions. Applications for Payment will be processed by the Executive Director of the Airport or the City as provided in the Contract Documents. ARTICLE 6 -- NOTICES Whenever any provision of the Contract Documents requires the giving of a written Notice, it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the Notice. ARTICLE 7--MISCELLANEOUS Terms used in this Agreement which are defined in the Standard Specifications and the Special Provisions will have the meanings indicated in said Standard Specifications and the Special Provisions. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. The City and the Contractor each binds itself, its partners, successors, assigns, and legal representatives, to the other party hereto, its partners, successors, assigns, and legal representatives, in respect of all covenants, agreements, and obligations contained in the Contract Documents. IN WITNESS WHEREOF, the City and the Contractor have caused this Agreement to be executed the day and year first above written. 2 i 'ATTEST: CITY OF PALM SPRINGS, CALIFORNIA JJ BY.. City Clerk Cify ger APPROVED AS TO FORM: Date By C iey APPROVED BY THE CITY COUNCIL: Date // 3 26 // Date APPROVED BY CITY MANAGER b Agreement No. Corporations require two notarized signatures: one signature must be from Chairman of Board,President, or any Vice President. The second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant Treasurer,or Chief Financial Officer. i i CONTRACTOR: Name: Hardy & Harper, =86etk onei_IndividualPartnership!Corporation Address: 1312 E. Warner Avenue S to Ana, CA 9 5 i By. S n ure(notar d) By Sigma ure(notarized} i Name: Steve Kirschner Name: Kristen S Pauli.no Tftle: Vice President Title: Corporate Secretary (This Agreement must be signed in the above This Agreement must be signed in the above space by one of the following: Chairman of the space by one of the following:Secretary,Chief Board,President or any Vice President) Financial Officer or any Assistant Treasurer) Stateof California (] State ofCA,ifornia CountyofOrange Eks Countyof Orange Qss Not to Exceed $ LL 55 Without The Expre Written Authorization Of The City Manager 3 ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By By City Clerk City Manage APPROVED AS TO FORM: Date By City Attorney APPROVED BY THE CITY COUNCIL: Date Date Agreement No. Corporations require two notarized signatures: One signature must be from Chairman of Board, President, or any Vice President. The second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer. CONTRACTOR: Name:Hardy & Harper, In Check one:—Individual_PartnershipX Corporation Address: 1312 E. Warner Avenue S nta Ana, CA 9270 By: By. in t razed) Sig ture notarized) Name: Steve Kirschner Name: Kristen S. Paulino Title: Vice President Title: Corporate Secretary (This Agreement must be signed in the above This Agreement must be signed in the above space by one of the following: Chairman of the space by one of the following: Secretary, Chief Board, President or any Vice President) Financial Officer or any Assistant Treasurer) Stateof California ❑ Stateof California ❑ County of Orange ❑ss County of Orange ❑ss 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On November 1R, 2n11 before me, Jo-Ann Lyons, Notary Public Data Here Insert Name and Title or Me Ctticer personally appeared Namalsl ar sgnans) Kristen S. Paulino who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) e/are subscribed to the within instrument and acknowledged to me that Oe/40e/they executed the same insl9kAMr/their authorized capacity(ies), and that by*#M%r/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. i � (� I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is J �r true and correct. WITNESS and and al seal. Place Notary$eel Abwe Signature r $IyndlYfB el Notary Pu is OPTIONAL Though the information below is not required by law,.it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Aqreement Document Date: Nniemher 18 2011 Number of Pages: 3 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Steve Kirschner Signer's Name: Kristen S.Paulino ❑ Individual ❑ Individual IF Corporate Officer—Title(s): Vice President 5P Secretary Ifd Corporate Officer—Tid g . ❑ Partner—❑ Limited ❑ General _ _ ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ❑ Attorney in Fact ❑ Trustee Top of Numb here • - ❑Trustee Top at Thumb here ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: Hardy&Harper Inc 02007Nalional Notary Assonaficn•93500e Sofa AM.190.80z2402•Chae^eoren,CA 913I3-2902•www.WtvnalNataryorq Item p590] Reartler.Call TdFFree 1-B06.9]6E827 On On before me, before me, personally appeared personally appeared who proved to me on the basis of satisfactory who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and is/are subscribed to the within instrument and acknowledged to me that he/she/they executed acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon instrument the person(s), or the entity upon behalf behalf of which the person(s)acted, executed the of which the person(s) acted, executed the instrument. instrument. I certify under PENALTY OF PERJURY under I certify under PENALTY OF PERJURY under the the laws of the State of California that the laws of the State of California that the foregoing foregoing paragraph is true and correct. paragraph is true and correct. WITNESS my hand and official seal. WITNESS my hand and official seal. Notary Signature: Notary Signature: Notary Seal: Notary Seal: 4 ardy A Harper, Inc. Proposal #: 51073 �4't� e*'� Page 2 of 2 � , MEMBER OF: 1812 E.WARNER AVE. Associated General Contractors of America SANTA ANA,CALIFORNIA$2106 Tustin Chamber of Commerce Better Business Bureau Q14I444-1861 Fax Q1 41 4 40-28 01 STATE LIC.NO.215962 Date: 11-17-2011 Job Name/Location: ATTN: STEVE BOWSER PALM SPRINGS AIRPORT PALM SPRINGS INT'L AIRPORT RUNWAY REPAIR TERMS AND CONDITIONS OF CONTRACT: In this agreement Contractor means Hardy&Harper,Inc.and owner means owner and/or any general contractor and/or agent or owner. This is a proposal per owner's request,not a complete property evaluation. 1. Standard Exclusions: Engineering,Soils Test,Permits,Compaction Test and/or Inspection Fees unless noted. 2. Prices are firm for thirty(30)days from the date of the proposal unless otherwise stated. 3. Owner agrees to indemnify contractor from any claim or suit for bodily injury or property damage arising from the design construction or installation of speed bumps or wheel stops. 4. Any changes required by owner shall be authorized in writing and paid by owner at contractor's prevailing rates unless quoted and agreed upon in writing. 5. Owner agrees to furnish to jobsite necessary and adequate water supply at owner's expense. 6. Contractor assumes no liability for damage to underground pipes,septic tanks,cesspools or other underground structures;and any extra expense caused by the contractor by the existance or location thereof shall be charged to buyer. 7. Owner agrees to pay attorneys and court costs in event suit is instituted to collect amounts due contractor. 8. If work is performed according to owner's specifications of labor and materials,contractor does not assume responsibility for the defects. 9. If work is to be performed by contractor to provide labor and material in a workmanlike manner to accomplish the owner's purposes,contractor agrees to repair a replace any defects of which owner gives notice to contractor within 5 days after cornpletion of work. 10. Delays or damage caused by building trades other than contractor not employed by contractor,shall be owner's responsibility. 11. Contractor shall be responsible for clean-up and removal of contractor's work and materials only. 12. If asphalt compaction tests are required by customer or agency,these must be performed while asphalt is being laid. Tests performed at a later date are not an acceptable method,and we assume no responsibility for those results. 13. Contractor is not responsible for proper drainage if grade is less than 1%. 14. Grades are to be furnished plus and minus one tenth(.10)of a foot with dirt to balance. 15.Jobstle must be acessable to heavy equipment. NOTICE IS HEREBY GIVEN THAT WORK AND MATERIAL FURNISHED BY CONTRACTOR MAY SUBJECT THE PROPERTY ON WHICH SAID WORK IS PERFORMED TO THE LIEN LAWS OF THE STATE OF CALIFORNIA PURSUANT TO SECTION 1193 OF THE CODE OF CIVIL PROCEDURE OF SAID STATE.CUSTOMER ACKNOWLEDGES THAT HE HAS RECEIVED A LEGIBLE COPY OF THIS TWO PAGE PROPOSAL. Payment in full upon completion or it is agreed that 1%per month will be charged when account becomes overdue. WORKER'S COMPENSATION CERTIFICATE (AS REQUIRED BY SECTION 1861 OF THE CALIFORNIA LABOR CODE) I am aware of the provisions of Section 3700 of the California Labor Code, which require every employer to be insured against liability for worker's compensation, or to undertake self-insurance in accordance with the provisions of said Code, and I will comply with such provisions before commencing the performance of the Work of this Contract. Co rdy 8 H r er, I By / Title Steve Kirschner-Vice President 5 State Cf California C �CONTRACTORS STATE LICENSE BOARD 9k ACTIVE LICENSE ae� 215952 CORP HARDY & HARPER INC AC-8C12 ° 12/31/2011 CITY OF PALM SPRINGS BUSINESS LICENSE 3200 E TAHQUITZ CANYON WAY, PALM SPRINGS, CA 92262 (760) 323-8289 ,PLEASE NOTE THAT IT IS YOUR RESPONSIBILITY TO RENEW AND UPDATE THIS LICENSE ANNUALLY. BUSINESS NUMBER: 20013262 EXPIRATION TAX/ADMIN. FEE CERT NO BUSINESS TYPE: CONTRACTOR-PAVING 03/31/2012 18.00 43626 OWNER NAME: FRED T MAAS JR 03/31/2012 166.00 43628 DANIEL T MAAS BUSINESS NAME: HARDY&HARPER, INC. BUSINESS ADDRESS: 1312 E WARNER AVE SANTA ANA,CA 92705 HARDY& HARPER INC. ISSUANCE OF THIS LICENSE DOES NOT ENTITLE 1312 E WARNER AVE THE LICENSEE TO OPERATE OR MAINTAIN A BUSINESS IN VIOLATION OF ANY OTHER LAW SANTA ANA CA 92705 OR ORDINANCE. THIS IS NOT AN ENDORSEMENT OF THE ACTIVITY NOR OF THE APPLICANT'S QUALIFICATIONS. MUST BE POSTED IN A CONSPICUOUS PLACE " y gip{ rV. 8