CC SR 20170620 W - Second Amendment to Hardy & Harper Landslide Rd Maint AgmtRANCHO PALOS VERDES CITY COUNCIL
AGENDA REPORT
AGENDA DESCRIPTION:
MEETING DATE: 06/20/2017
AGENDA HEADING: Consent Calendar
Consideration and possible action to approve the second amendment to the agreement
between the City of Rancho Palos Verdes and Hardy & Harper, Inc., for Palos Verdes
Drive South Landslide Road Maintenance.
RECOMMENDED COUNCIL ACTION:
(1) Approve the Second Amendment to the Agreement; and,
(2) Authorize the Mayor and City Clerk to execute the Second Amendment to the
Agreement with Hardy & Harper Inc., for Palos Verdes Drive South Landslide
Road Maintenance extending the term of the agreement to June 30, 2017,
subject to approval as to form by the City Attorney.
FISCAL IMPACT: This work is included in the proposed FY17-18 municipal budget.
Amount Budgeted: $700,000
Additional Appropriation: None requested
Account Number(s): 215-400-0000-5101 ($18,000)
215-400-0000-5201 ($582,000)
101-400-3120-5101 ($100,000)-'."
ORIGINATED BY: Ron Dragoo, PE, Principal Engineer 11
REVIEWED BY: Terry Rodrigue, PE, Interim Director of Public Works
APPROVED BY: Doug Willmore, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Agreement with Hardy & Harper, Inc. (page A-1)
B. Draft Second Amendment to Agreement (page B-1)
C. First Amendment to Agreement (page C-1)
D. Contractor's Request for increased Rates (page D-1)
BACKGROUND AND DISCUSSION:
On October 4, 2011, the City Council authorized an agreement ("Agreement") with
Hardy & Harper, Inc. ("Contractor") for the maintenance of Palos Verdes Drive South
through the active landslide area. The annual value of the contract was $491,375.00.
The First Amendment, which was effective July 1, 2016, extended the term for one year.
The proposed second amendment ("Second Amendment") to the Agreement between
the City and the Contractor, if approved, will be effective July 1, 2017, and will extend
1
the term for one additional year. There are three (3) 1 -year extensions available under
the Agreement, and Staff recommends approval of this second extension.
The executed contract value for the base years of this agreement was $2,456,875,
with an annual not -to -exceed amount of $491,375 (the total actual expenditure on
the base years of the agreement was $2,446,339). Final expenditures this year are
anticipated to equal the budget authorization for FY16-17 of $520,000. Itis
expected that the entire amount budgeted for this work in FY17-18 will be expended
to repair Palos Verdes Drive South within the active landslide area due to the rains
this winter and associated increased landslide movement and to manage traffic as
discussed below.
At the current rate, the potential contract value is $4,226,875 if all three, one-year
options were authorized at the current annual not -to -exceed amount. The proposed
amendment will authorize the not -to -exceed amount of $650,000 for FY17-18 which
is within the proposed budget amount of $650,000.
The prices bid to perform this work in 2011 were very competitive, so Hardy &
Harper has requested an adjustment to the rates proposed in their 2011 proposal.
The increase is requested to compensate for the closure of a local landfill
(Chandlers) which required hauling material removed from the roadway (asphalt
and dirt) to a dumpsite in Colton, which requires trucking the material approximately
80 miles further. Staff has fine-tuned the budgeted estimate by evaluating the
quantities of materials used to make repairs to the roadway through the landslide
through this contract, and determined that the additional trucking costs and
anticipated increased costs due to expected increased movement following this
winter's rains—which will require an increase in the contract amount for FY17-18 to
$650,000—will be adequate to complete anticipated repairs. Increasing the dollar
amount of this contract to allow additional materials to be placed from $520,000 to
$650,000 should ensure the anticipated repairs are adequately funded.
Additionally, supplemental traffic control is needed along Palos Verdes Drive East
to manage traffic conditions during school drop-off and pick-up periods. Since
Hardy & Harper is currently providing traffic control services associated with repairs
along Palos Verdes Drive South and other locations throughout the City, providing
this service for the City at extended unit prices results in a cost savings. These
supplemental traffic control services shall be limited to six months from the effective
date of the Second Amendment, and compensation for these supplemental services
shall be limited to $50,000.
Staff has evaluated the quality of service provided by Hardy & Harper, Inc. and
found it to be excellent. In addition, the company has demonstrated a willingness to
immediately address any noted deficiencies in work performed and is flexible in
addressing community needs. Staff recommends approval of the Second
Amendment to the Agreement with Hardy & Harper, Inc., which will extend the term
for one year, through June 30, 2018. The funding source for the contract is within
2
the "Infrastructure Improvements Department, Proposition C" budget program and
included in the FY17-18 proposed budget.
ALTERNATIVES:
In addition to the Staff recommendations, the following alternative action is available for
the City Council's consideration:
Direct Staff to advertise the project and receive proposals at current
construction rates for the work. Staff does not recommend this alternative.
The current pricing is based on bids received in 2011 and which appear to
be lower than the current prices being bid on other projects with similar
work items. As such, there is uncertainty as to whether or not a better (or
lower) cost would be received.
9
CITY OF RANCHO PALOS VERDES
CONTRACT FOR:
Palos Verdes Drive South Landslide Road Maintenance
THIS AGREEMENT is made and entered this 4th day of October, 2011 by and between the CITY OF RANCHO
PALOS VERDES, hereinafter referred to as "City" and Hardy and Harper, Inc., hereinafter referred to as "Contractor."
WITNESSETH:
WHEREAS, Contractor and Contractor's Surety are providing the bonds attached hereto and incorporated by this
reference, and
WHEREAS, City desires to contract with Contractor to perform the services detailed in this contract, including the
Proposal, arid
WHEREAS, Contractor has represented that it is fully qualified to assume and discharge such responsibility;
NOW, THEREFORE, the parties hereto do agree as follows:
Scope of Services. City hereby employs Contractor to perform the work and provide the services and materials
for the project identified as: Palos Verdes Drive South Landslide Road Maintenance, as described in these
Plans and Specifications, attached hereto and incorporated herein by this reference, including miscellaneous
appurtenant work. Such work shall be performed in a good and workmanlike manner, under the terms as
stated herein and in these Plans and Specifications, and in accordance with the latest edition of the Joint
Cooperative Committee, Southern California Chapters of the American Public Works Association and the
Associated General Contractors of America, document entitled "Standard Specifications" or as specifically
designated in the Plans and Specifications. In the event of any conflict between the terms of this agreement
and any of the above -referenced documents, the terms of this agreement shall be controlling. The term of this
contract shall begin December 1, 2011 and continue through June 30, 2016 with up to three (3) mutually
agreed one (1) year extensions.
2. Compensation. In consideration of the services rendered hereunder, Contractor shall be paid according to the
prices as submitted on the Bid Sheet of the Proposal, attached hereto as a part of these Plans and Specifications
and in accordance with the Special Provisions.
Independent Contractor. It is specifically understood and agreed by all parties hereto that Contractor is, for the
purposes of this Agreement, an independent contractor and not an employee of the City. Accordingly,
Contractor shall not be deemed the City's employee for any purpose whatsoever. Contractor shall not incur or
have the power to incur any debt, obligation or liability whatever for or against City.
4. Assignment. This agreement may not be assigned by Contractor, in whole or in part, without the prior written
consent of City.
Termination. This Agreement may be canceled by City at any time without penalty upon thirty (30) days'
written notice. In the event of termination without fault of Contractor, City shall pay Contractor for all services
rendered prior to date of termination, and such payment shall be in full satisfaction of all services rendered
hereunder.
C-1 A-1
6. Worker's Compensation Insurance. California Labor Code Sections 1860 and 3700 provide that every
contractor will be required to secure the payment of compensation to its employees. In accordance with the
provisions of California Labor Code Section 1861, the Contractor hereby certifies as follows:
"I am aware of the provisions of Section 3700 of the 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 that code, and I will comply with such
provisions before commencing the performance of the work of this
contract."
7. General Rate of Per Diem Wages. Pursuant to the Labor Code of the State of California, the Director of
Industrial Relations has determined the general prevailing rate of wages and employer payments for health and
welfare, vacation, pension and similar purposes applicable to the work to be done. This rate and scale are on
file with the Director of Public Works and copies will be made available to any interested party on request.
The Contractor to whom the contract is awarded, and the subcontractors under him must pay not less than these
rates for this area to all workers employed in the execution of this contract.
This contract is subject to the provision of Article 1.5 (commencing at Section 20104) of Division 2, Part 3 of
the California Public Contract Code regarding the resolution of public works claims of less than $375,000.
Article 1.5 mandates certain procedures for the filing of claims and supporting documentation by the
contractor, for the response to such claims by the contracting public agency, for a mandatory meet and confer
conference upon the request of the contractor, for mandatory non-binding mediation in the event of litigation is
commenced, and for mandatory judicial arbitration upon the failure to resolve the dispute through mediation.
This contract hereby incorporates the provisions of Article 1.5 as though fully set forth herein.
8. Suit, Recovery of Attorney Fees & Costs. Should either party bring any action to protect or enforce its rights
hereunder, the prevailing party in such action shall be entitled to recover, in addition to all other relief, its
reasonable attorneys fees and court costs.
9. Price Adjustments. The unit prices listed in the proposal sheets shall be applicable for the period from
December 1, 2011 through June 30, 2016. Each July 1 the prices shall be increased by the Producer Price
Index for Finished Goods for Los Angeles.
IN WITNESS WHEREOF, the parties hereto have executed the within Agreement the day and year first above written.
CITY OF RA UHOYALOS VERDES
IM
Chairman
ATTEST: C /
Ci Jerk T
CONT •Hard Ha r
By:
Steve Kirschner, Vice President
C-2
A-2
r
7
CITY OF RANCHO PALOS VERDES
BID SHEET
NAME OF COMPANY: Hardy & Harper, Inc.
To the Honorable Mayor and Members of the City Council:
In compliance with the Notice Inviting Sealed Bids, the undersigned hereby agrees to enter into a contract
to furnish all labor, materials, equipment and supplies for the project identified as Palos Verdes Drive
South Landslide Road Maintenance in accordance with the specifications and plans in the Contract
Documents which are on file in the office of the Director of Public Works of the City of Rancho Palos
Verdes to the satisfaction and under the direction of the Director of Public Works at the following prices:
Palos Verdes Drive South Landslide Road Maintenance
Bid Sheet Type One Items of Work
ITEM ESTIMATED UNIT EXTENDED
NO. DESCRIPTION QUANTITY UNIT PRICE AMOUNT
1-1
4" Asphalt remove and
5,500
SF
4.90
26,950.00
reconstruct per location
1 — 500 SF
Per additional inch in depth of
2,000
SF
1.00
2,000.00
asphalt removal and
replacement 1— 500 SF
1-2
4" Asphalt remove and
reconstruct per location
5,500
SF
4.10
22,550.00
501-1000 SF
Per additional inch in depth of
2,000
SF
1.00
2 , 000.00
asphalt removal and
replacement 501 — 1,000 SF
1-3
4" Asphalt remove and
5,500
SF
3.60
19 , 8 0 0. 0 0
reconstruct per location
1,001-2,000 SF
Per additional inch in depth of
2,000
SF
1.00
2,000.00
asphalt removal and
rqplacement 1,001 — 2,000 SF
1-4
4" Asphalt remove and
reconstruct per location
4,000
SF
3.00
12,000.00
(>2,000 SF
Per additional inch in depth of
1,000
SF
2.00
2,000.00
asphalt removal and
r lacement >2,000 SF
1-5
AC Cold Milling less than 3"
15,000
SF
I 1'00
5,000.00
AC Fill less than 3"
5,000
SF13.30
16 , 5 0 0.0 0
P-3
A-3
ITEM
NO. DESCRIPTION
ESTIMATED UNIT EXTENDED
QUANT.I,TY UNIT PRICE AMOUNT
1-6
AC Cold Milling greater. than.
3 "to 6"
5,000
SF
1,00_
51000.00
AC Fill Freater than 3"to 6"
5,000
SF
4.30
21,500-00
1-7
AC Cold Milling greater. than
611to 8"
3,500
SF
1.40
4,900.00
AC Fill Eeater than. 6"to 8"
3,500
SF
5.00
17,500.00
1-8
AC Cold Milling greater than
85,to 10"
3,500
SF
2,00
7,000-00
AC rill greater than 8"to 10"
3,500
SF
6.30
22,050-00
1-9
AC Cold h• Pli.ng greater than
1,0"to 1.2"
3,500
SF
2.80
9,800.00
AC rill greater than 12"
3,500
SF
7.00
24,500.00
1-10
Skin. Patching
Up to 2"
50,000
SF
2.10
105,000-00
1-11
Traffic Striping & Raised
Pavement Markers
8
EA
2, 5 0 0. C
0
20,000-00
1-1.2
Full, day flagging operation
8
EA
1,800.
0 14,400-00
1-13
Half day fla.gging operation.
8
E,4
9 0 0.0 C
7,200.00
1-14
Changeable Message Sign.
5
EA
150.0 C
750.00
1-15
Flmvable Fill (sand/concrete
Slurry)
20
YD
50.0(
1,000.00
Subtotal Type One WorK-
371,400.00
P -4R
&m"
Bid Sheet Type Two Items of Work
ITEM ESTIMATE PRICE EXTENDED
NO DF.SCRTPTIC)N nUANTITY UNIT UNIT AMOUNT
2-1
Laborer
200
Hours
15,000-00
2-2
Backhoe with operator
100
Hours
100.00
10,000.00
2-3
Roller with operator
40
Hours
2-4
Skip loader with operator
200
Hours
110.00
22,000.00
2-5
Laborer with Dump Truck
160
Hours
90-00
14
2-6
Sidewalk Grinding Crew
200
Hours
20.00
4 000.00
2-7
Bobcat with operator
75
Hours
100.00
7,500.00
2-8
Bobcat with operator and
grinder
50
Hours
110.00
5,500-00
2-9
Sawcut Truck with
operator
100
Hours
100.00
10 , 0 0 0. 0 0
2-10
Paving machine with
Operator
50
Hours
1
50000
'
2-11
Screed Operator
50
Hours
25 00
4,250.00
2-12
Forman
100
Hours
85.00
8,500.00
2-13
Vacuum Sweeper
25
Hours
-125.00
7, 1 25. 00
2-14
Pickup Truck
10
Dail
200-00
2,000.00
2-15
Crew Truck
10
Daily
200.00
2,000.00
2-16
Compressor with 901b
hammer
20
Hours
20.00
400.00
Subtotal Type Two Work
19,975.00
P-5
M
7
c
Summary of Work
Total Base Bid Amount in Words:
Four Hrndred Ninety One Thousand Three Hundred Seventy Five Dollars
and No Cents
7
C
rM NOTE: The estimated quantities listed in the Proposal Bid Sheets are approximate and are
to be used only as a comparison of bids. Payment for quantities will be made from field
measurements. If the actual quantities show either and increase of decrease form the
quantities given in the Proposal Bid Sheets, the Contract Unit Prices will prevail. Increases
or decreases in quantities shall not be subject to Section 3-2 of the Standard Specifications.
Full compensation will be paid at the contract price for the actual work completed, and no
additional compensations will be allowed therefore. Payment will not be made for
materials wasted or disposed of in a manner not called for under the Contract; this
►'' includes rejected material not unloaded from vehicles and material rejected after it has
been placed. No compensation will be allowed for disposing of rejected or excess material.
The City reserves the right to reject all bids and to increase or decrease the amount of any
quantity shown on the Proposal Bid Sheets. In case of a variation between the unit price
and the totals shown by the bidder, the unit price will be considered to be the correct bid.
The remainder of this page has intentionally been left blank
t
F P-6
MO
Subtotal Type One Work
371,400.00
Subtotal Type Two Work
119 , 975.00
Total Base Bid Amount
491,375.00
Total Base Bid Amount in Words:
Four Hrndred Ninety One Thousand Three Hundred Seventy Five Dollars
and No Cents
7
C
rM NOTE: The estimated quantities listed in the Proposal Bid Sheets are approximate and are
to be used only as a comparison of bids. Payment for quantities will be made from field
measurements. If the actual quantities show either and increase of decrease form the
quantities given in the Proposal Bid Sheets, the Contract Unit Prices will prevail. Increases
or decreases in quantities shall not be subject to Section 3-2 of the Standard Specifications.
Full compensation will be paid at the contract price for the actual work completed, and no
additional compensations will be allowed therefore. Payment will not be made for
materials wasted or disposed of in a manner not called for under the Contract; this
►'' includes rejected material not unloaded from vehicles and material rejected after it has
been placed. No compensation will be allowed for disposing of rejected or excess material.
The City reserves the right to reject all bids and to increase or decrease the amount of any
quantity shown on the Proposal Bid Sheets. In case of a variation between the unit price
and the totals shown by the bidder, the unit price will be considered to be the correct bid.
The remainder of this page has intentionally been left blank
t
F P-6
MO
AMENDMENT NO.2
TO AGREEMENT FOR CONTRACTUAL SERVICES
THIS AMENDMENT TO THE AGREEMENT FOR CONTRACTUAL SERVICES
("Amendment") by and between the CITY OF RANCHO PALOS VERDES ("City") and
HARDY AND HARPER, INC., a California corporation ("Contractor") is effective as of the 20th
day of June, 2017.
RECITALS
A. City and Contractor entered into that certain Agreement for Contractual Services
dated October 4, 2011 ("Agreement") whereby Contractor agreed to provide Landslide Road
Maintenance Services for Rancho Palos Verdes Drive South.
B. On July 1, 2016, the City and Contractor entered into that certain Amendment No.
1 ("First Amendment") to the Agreement in order to extend the term of the Agreement by one
year, to expire on June 30, 2017 and to increase the Contract Sum to $2,976,875.
C. Contractor has requested an increase in the bid prices from 2011 due to the fact
Chandlers dumpsite has closed, and Contractor now faces increased costs due to this closure.
Specifically, the increases are 25% for items 1-1 through 1-5, and 45% for the removal portion of
items 1-6 through 1-9.
D. City and Contractor also desire to add Supplemental Traffic Control Services to
direct vehicle and pedestrian traffic safely through and around the intersection of Palos Verdes
Drive East at Via Canada. However, compensation for these Supplemental Traffic Control
Services is limited to $50,000 and shall be provided for six months following the effective date of
this Amendment. These services are procured on an emergency basis pursuant to Rancho Palos
Verdes Municipal Code section 2.44.140.
E. City and Contractor now desire to enter into this Amendment No. 2 to the
Agreement ("Second Amendment") to extend the term of the Agreement until June 30, 2018,
establish a not -to -exceed amount for this extended term of $650,000, and increase the total
Contract Sum to $3,626,875.
TERMS
1. Contract Changes. The Agreement is amended as provided herein (new text is
identified in bold italics, deleted text in str-ikethfeugh)
(a) Section 2 "Compensation" is hereby amended as follows:
"Compensation. In consideration of the services rendered hereunder, Contractor
shall be paid according to the prices submitted in the Bid Sheet of the Proposal, attached
hereto as a part of these Plans and Specifications and in accordance with the Special
Provisions. However, for Type I services provided from July 1, 2017, until June 30, 2018,
Contractor shall be paid according to the prices set forth in Exhibit "A"to Amendment
No. 2 to this Agreement. Total compensation for the services provided under this
Agreement shall not exceed Two Million ,.rine Hundred and Seventy Six TL,.,,,s.,,...a E;,,>,+
Rundr-ed and Seventy Five Dellafs ($2,976,875) Three Million Six Hundred Twenty Six
Thousand Eight Hundred Seventy Five Dollars ($3,626,875) ("Contract Sum"). Total
compensation for the services provided from July 1, 2016, until June 30, 2017, shall not
exceed Five Hundred and Twenty Thousand Dollars ($520,000). Total compensation for
the services provided from July 1, 2017, until June 30, 2018, shall not exceed Six
Hundred Fifty Thousand Dollars ($650,000)."
(b) Section 10 "Term" is hereby amended as follows:
"Term. This Agreement shall commence on October 4, 2011, and shall remain in
effect until the tasks described herein are completed to the City's satisfaction and approval,
but in no event later than June 30, 201-78, unless sooner terminated pursuant to Section 5
of this Agreement. Additionally, there shall be two (2) one (1) one-year options to renew
the Agreement at the existing rates with the mutual written consent of both parties. If not
renewed prior to the June 30, 201-78, the Agreement may continue on a month-to-month
basis under the same terms and conditions for a maximum period not to exceed six (6)
months or until renewed or awarded to a new contractor, whichever is less."
(c) Section 11 "Supplemental Traffic Control Services" is hereby added as
follows:
"Supplemental Traffic Control Services. Contractor shall, at the City's request,
provide professionally trained and equipped traffic controller (flagger) for the purpose of
directing vehicle and pedestrian traffic safely through and around the intersection of Palos
Verdes Drive East at Via Canada. Contractor shall be paid for such services upon
submission of a valid invoice, in a form acceptable to the City, at the rates described in
Exhibit "A" of Amendment No. 2 to this Agreement, and total compensation for these
services shall not exceed Fifty Thousand Dollars ($50,000). The services described in this
Section 11 shall be provided for six (6) months following the effective date of Amendment
No. 2 of this Agreement."
2. Continuing Effect of Agreement. Except as amended by this Agreement, all
provisions of the Agreement shall remain unchanged and in full force and effect. From and after
the date of this Amendment, whenever the term "Agreement" appears in the Agreement, it shall
mean the Agreement, as amended by this Amendment to the Agreement.
3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and
Contractor each ratify and reaffirm each and every one of the respective rights and obligations
arising under the Agreement. Each party represents and warrants to the other that there have been
no written or oral modifications to the Agreement other than as provided herein. Each party
represents and warrants to the other that the Agreement is currently an effective, valid, and binding
obligation.
Contractor represents and warrants to City that, as of the date of this Amendment, City is
not in default of any material term of the Agreement and that there have been no events that, with
01203.0006/383882.1 -2-
the passing of time or the giving of notice, or both, would constitute a material default under the
Agreement.
City represents and warrants to Contractor that, as of the date of this Amendment,
Contractor is not in default of any material term of the Agreement and that there have been no
events that, with the passing of time or the giving of notice, or both, would constitute a material
default under the Agreement.
4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that
they have each received adequate and independent consideration for the performance of the
obligations they have undertaken pursuant to this Amendment.
5. Authority. The persons executing this Agreement on behalf of the parties hereto
warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute
and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party
is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement
does not violate any provision of any other Agreement to which said party is bound.
01203.0006/383882.1
[SIGNATURES ON FOLLOWING PAGE]
-3-
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year first -above written.
ATTEST:
Emily Colborn, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
Dave Aleshire, City Attorney
CITY:
CITY OF RANCHO PALOS VERDES, a
municipal corporation
Brian Campbell, Mayor
CONTRACTOR:
HARDY AND HARPER, INC., a California
corporation
By:
Name: Insert
Title: Insert
By:
Name: Insert
Title: Insert
Address:
Two corporate officer signatures required when Contractor is a corporation, with one signature required from
each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any
Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR'S SIGNATURES
SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS
MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR
REGULATIONS APPLICABLE TO CONTRACTOR'S BUSINESS ENTITY.
01203.0006/383882.1
me
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the
identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
COUNTY OF XXXX )
On
Date
personally appeared
before me,
Here Insert Name and Title of Officer
Name(s) of Signer(s)
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 of Notary Public
Place Notary Seal Above
01203.0006/383882.1
B-5
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the
identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
COUNTY OF XXXX )
On
Date
personally appeared
before me,
Here Insert Name and Title of Officer
Name(s) of Signer(s)
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 of Notary Public
Place Notary Seal Above
01203.0006/383882.1
B-6
EXHIBIT "A"
BID PRICES FOR TYPE ONE ITEMS OF WORK FROM JULY 1, 2017 TO JUNE 30, 2018
ITEM
DESCRIPTION
ESTIMATED
UNIT
UNIT PRICE
EXTENDED
NO.
QUANTITY
AMOUNT
1-1
4" Asphalt remove and
5,500
SF
6.125
33,687.50
reconstruct per location (1-500
SF)
Per additional inch in depth of
2,000
SF
1.25
2,500
asphalt removal and
replacement (1-500 SF)
1-2
4" Asphalt remove and
5,500
SF
5.125
28,187.50
reconstruct per location (501-
1000 SF)
Per additional inch in depth of
2,000
SF
1.25
2,500
asphalt removal and
replacement (501-1000 SF)
1-3
4" Asphalt remove and
5,500
SF
4.50
24,750
reconstruct per location (1,001-
2,000 SF)
Per additional inch in depth of
2,000
SF
1.25
2,500
asphalt removal and
replacement (1,001-2,000 SF)
1-4
4" Asphalt remove and
4,000
SF
3.75
15,000
reconstruct per location (>2,000
SF)
Per additional inch in depth of
1,000
SF
2.50
2,500
asphalt removal and
replacement (>2,000 SF)
1-5
AC Cold Milling less than 3"
5,000
SF
1.25
6,250
AC Fill less than 3"
5,000
SF
4.125
20,625
1-6
AC Cold Milling greater than
5,000
SF
1.45
7,250
3" to 6"
AC Fill greater than 3" to 6"
5,000
SF
4.30
21,500
1-7
AC Cold Milling greater than
3,500
SF
2.03
7,105
6" to 8"
AC Fill greater than 6" to 8"
3,500
SF
5.00
17,500
01203.0006/383882.1
B-7
1-8
AC Cold Milling greater than
8" to 10"
3,500
SF
2.90
10,150
AC Fill greater than 8" to 10"
3,500
SF
6.30
22,050
1-9
AC Cold Milling greater than
10" to 12"
3,500
SF
4.06
14,210
AC Fill greater than 12"
3,500
SF
7.00
24,500 (262,765)
1-10
Skin Patching
Up to 2"
50,000
SF
2.10
105,000.00
1-11
Traffic Striping & Raised
Pavement Markers
8
FA
2,500.00
20,000.00
1-12
Full day flagging operations
8
EA
1,800.00
14,400.00
1-13
Half day flagging operations
8
EA
900.00
7,200.00
1-14
Changeable Message Sign
5
EA
150.00
750.00
1-15
Flowable Fill (sand/concrete
slurry)
20
YD
50.00
1,000
Subtotal Type One Work
411,115
01203.0006/383882.1
B-8
FIRST AMENDMENT TO AGREEMENT FOR
MAINTENANCE SERVICES FOR PALOS VERDES DRIVE SOUTH LANDSLIDE
ROAD MAINTENANCE
BETWEEN THE CITY OF RANCHO PALOS VERDES
AND HARDY AND HARPER, INC.
This agreement is the First Amendment to the Palos Verdes Drive South Landslide
Road Maintenance agreement between the City of Rancho Palos Verdes ("City") and
Hardy and Harper Inc. ("Contractor") dated October 4, 2011 ("Agreement"). This First
Amendment to the Agreement is effective as of July 1, 2016 and is being made to extend
the term of the Agreement for one year.
Section 1. A new section, Section 10 is hereby added to the agreement and
reads as follows:
"Term. This Agreement shall commence on October 4, 2011, and shall remain in
effect until the tasks described herein are completed to the City's satisfaction and
approval, but in no event later than June 30, 2017, unless sooner terminated pursuant
to Section 5 of this Agreement. Additionally, there shall be two (2) one-year options to
renew the Agreement with the mutual written consent of both parties. If not renewed
prior to the anniversary date, the Agreement may continue on a month to month basis
under the same terms and conditions as this Agreement for a maximum period not to
exceed six (6) months or until renewed or awarded to a new contractor, whichever is
less."
Section 2. Section 2 of the Agreement is hereby amended to read as follows:
"Compensation. In consideration of the services rendered hereunder, City shall
pay Contractor a not to exceed amount of Five Hundred Twenty Thousand dollars
($520,000) in accordance with the prices as submitted in Contractor's Proposal,
attached hereto as Exhibit "A" and incorporated herein by this reference."
Section 3. Except as expressly amended by this First Amendment to the
Agreement, all of the other provisions of the Agreement shall remain in full force and
effect.
C-1
IN WITNESS WHEREOF, the parties hereto have executed this Second
Amendment as of the date and year first above written.
ATTEST:
-31
City Clerk
CITY OF RANCHO PALOS VERDES
("CITY")
Mayor
HARDY AND HARPER INC.
Signature:
Printed Name: Steve Kirschner
Title: Vice President
Signature:
Printed Name: Kristen Paulino
Title: Corporate Secreta
C-2
May 26"', 2017
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes, CA 90275
Dear Ron,
Hardy & Harper, Inc is requesting a unit price increase of 25% for items 1-1 thru 1-5 & 45% for the
removal portion of 1.6 to 1.9. Since the original bid in 2011, Chandlers dumpsite has closed. Due to that event,
Hardy & Harper, Inc must now have to travel an additional SO miles one way from old Chandlers & Agua
Mansa dumpsite in Colton. Thank you for your consideration
Thank you,
Steve Kirschner — Vice President
D-1