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1998-0715_HARDY & HARPER, INC._Bid Bond BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, Hardy & Harper, Inc. as PRINCIPAL, and St. Paul Mercury Insurance Co. , as SURETY, hereinafter called Surety, are held and firmly bound unto the CITY OF SAN JUAN CAPISTRANO, Obligee, hereinafter called City, in the sum of 10% of bid for payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, fairly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas the Principal has submitted the accompanying bid dated July 15 , 19 98 for the construction of Installation of Speed Bumps for the City of San Juan Capistrano, Orange County, California. NOW, THEREFORE, if the Principal shall not withdraw said bid within thirty (30) days after the opening of same, and shall, within fifteen (1.5) days after the agreement has been presented to him for execution, enter into a written contract with the City in accordance with the bid as accepted, and if the Principal shall give the required bond with good and sufficient sureties, or sureties for the faithful performance and proper fulfillment of such contract and for the protection of laborers and materialmen, or in the event of the withdrawal of said bid within the periods specified, or the failure to enter into said contract and give said bond within the time specified, if the Principal shall within sixty (60) days after request by the City, pay the City the difference between the amount specified in said bid and the amount for which the City may procure the required work and/or supplies if the latter amount be in excess of the former, then - - the above obligation shall be void and of no effect, otherwise to remain in full force and virtue. Further, as a part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. RB-1 I IN WITNESS WHEREOF, the above-bounden parties have executed this instrument under their several seals this gth day of ,T„ y, l9 AR , the name and corporate seal of each corporate party being affixed hereto and these presents duly signed by its undersigned representative pursuant to authority of its governing body. Two Witnesses (If Individual) HARDY & HARPER, INC. PRINCIPAL if,BY: � �V Title: Stev• Kirschner, Vice Pres. ATTEST (If Corporation) See Attachment Corporate Seal St. Paul Mercury Insurance Co. SU ETY ATTEST BY: Kar/CieeA__/L712?--eLdl--'Maas Title: ney-in-Fact Title APPROV I AS TO FORM: 1 ♦ ' John • Shaw, City • ttorney I I TheMild ST.PAUL MERCURY INSURANCE COMPANY CERTIFICATE OF Surety Washington Street,St.Paul,Minnesota 5 AUTHORITY NO. • CERTIFIED For verification of the autnenucity of this Power of Attorney,you may telephone toll free i-600-421-3880 and ask for • COPY NO. • the Power of Attorney Clerk.Please refer to the Certificate of Authority No.and the named individual(s). GENERAL POWER OF ATTORNEY- CERTIFIED COPY 4 21157 M-15439 (Original on File at Home Office of Company. See Certification.) KNOW ALL MEN BY THESE PRESENTS:That St.Paul Mercury Insurance Company,a corporation organized and existing under the laws of the State of Minnesota,having its principal office in the City of St.Paul,Minnesota,does hereby constitute and appoint: Michael S. Mahan and Kathleen E. Maas, individually, Irvine, California its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings,recognizances, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed,required or permitted by law, statute, rule, regulation, contract or otherwise, NOT TO EXCEED IN PENALTY THE SUM OF FIVE MILLION DOLLARS($5,000,000)EAC-i and the execution of all such instrument(s)in pursuance of these presents,shall be as binding upon said St.Paul Mercury 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 may be certified to and may be revoked,pursuant to and by authority of Article V,-Section 6(C),of the By-Laws adopted by the Shareholders of ST.PAUL MERCURY INSURANCE COMPANY at a meeting called and held on the 28th day of April, 1978,of which the following is a true transcript of said Section 6(C): "The President or any Vice President,Assistant Vice President,Secretary or Service Center General Manager shall have power and authority (1) To appoint Attorneys-in-fact,and to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto,bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof,and (2) To appoint special Attorneys-in-fact,who are hereby authorized to certify to copies of any power-of-attorney issued in pursuance of this section and/or any of the By-Laws of the Company,and (3) To remove,at any time,any such Attorney-in-fact or Special Attorney-in-fact and revoke the authority given him." Further,this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 12th day of December, 1967,of which the following is a true excerpt: "Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile,and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." °Nso,P"•-.,, IN TESTIMONY WHEREOF,St.Paul Mercury Insurance Company has caused this instrument to be signed and its corporate seal to a.• "`.•..q ; be affixed by its authorized officer,this 8th day of January,A.D. 1998. : ctPORq :co rf•c" ST.PAUL MERCURY INSURANCE COMPANY z --- n: t\S E A.L.4 ' rt,/ STATE OF NEW JERSEY County of Somerset J ss. BRIAN P.CURRY,Secretary On this 21St day of January , 19 98 , before me came the individual who executed the preceding instrument, to me personally known,and,being by me duly sworn,said that he/she is the therein described and authorized officer of St.Paul Mercury Insurance Company;that the seal affixed to said instrument is the Corporate Seal of said Company;that the said Corporate Seal and his/her signature were duly affixed by order of the Board of Directors of said Company. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal,at the township of Bedminster,New Jersey,the \SQA 5ILI°ly day and year first above written. �— o NJ7ARY �l � %_ PUBLIC t; 4�ja0 ,Q ""F NEW • iIA SMETHERS,Notary Public My Commission Expires December 16,2001 CERTIFICATION I, the undersigned officer of St.Paul Mercury Insurance Company,do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit,and the copy of the Section of the By-Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY,and that the same are correct transcripts thereof,and of the whole of the said originals,and that the said Power of Attorney has not been revoked and is now in full force and effect. MSy / IN TESTIMONY WHEREOF,I have hereunto set my hand this Fi .f " ' 8th day of July ,19 98 MARY E.STAWICKI,Secretary Only a certified copy of Power of Attorney bearing the Certificate of Authority No.printed in red on the upper right corner is binding.Photocopies,carbon copies or other reproductions of this document are invalid and not binding upon the Company. ANY INSTRUMENT ISSUED IN EXCESS OF THE PENALTY AMOUNT STATED ABOVE IS TOTALLY VOID AND WITHOUT ANY VALIDITY. 31801 Rev.4-98 Printed in U.S.A. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CA (%Ioiri F >j C• 4County of Nor,e :S,'� On 7701 before me, l.1 CL.c( S. fust<,.,, �a.0y /v(l.'( , 4 Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") (e personally appeared 041' M d l''hxS >> Name(s)of Signer(s) !• (e $personally known to me–OR–❑proved to me on the basis of satisfactory evidence to be the person(s) >> (; whose name(s) is/are subscribed to the within instrument >> i and acknowledged to me that he/she/they executed the 4 same in his/her/their authorized capacity(ies), and that by 4 ,-, _ his/her/their signature(s) on the instrument the person(s), %� (N his/her/their S MAr-)AN or the entity upon behalf of which the persons) acted, >> 4fission# f 158481 z executed the instrument. >> tilt-Colifanio ;• r;J� 4 -- My._)nm,rxpres Oct 122001 WITNESS my hand and official seal. //di/ A >j Signature of Notary Public OPTIONAL > Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent ti� i fraudulent removal and reattachment of this form to another document. 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Description of Attached Document A , Title or Type of Document: 4Document Date: Number of Pages: ;� , C Signer(s) Other Than Named Above: 4 Capacity(ies) Claimed by Signer(s) j 4 Signer's Name: Signer's Name: ;j ❑ Individual ❑ Individual . k LICorporate Officer ❑ Corporate Officer h� k Title(s): Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ;;� ❑ Attorney-in-Fact ❑ Attorney-in-Fact >> 4 ❑ Trustee ❑ Trustee ❑ Guardian or Conservator RIGHT THUMBPRINT RIGHT THUMBPRINT ` OF SIGNER El Guardian or Conservator OF SIGNER ❑ Other: Top of thumb here ❑ Other: Top of thumb here H' kSigner Is Representing: Signer Is Representing: :A" Ce A �6�:�✓:�✓3�✓:�✓:�✓3�s3�✓b'v:�✓:�d�✓:`✓:�:�:`✓3�✓:�✓:�s�:�:�✓:�✓:`✓4`✓:�3�✓:�✓:�✓:�✓y�b�✓b'�z'4�✓:�✓L�✓:�✓:�✓:�:�:�✓:�✓:�✓$" �3�✓L�i:� ®1995 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 41.-000414.01001110 46,9 0 i .42 DOID* .• UTj • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT _iate. ,. ,..... , . , 4 CALIFORNIA ;;� 4: State of • (r ORANGE County of A i' On July 14, 1998 before me, Kristen S . Paulino , Notary Public C' Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") Vie: personally appeared Steve Kirschner , (G >> Name(s)of Signer(s) .'j (: personally known to me–OR–❑proved to me on the basis of satisfactory evidence to be the personN (e whose name} is/a1)(subscribed to the within instrument 'A 4 and acknowledged to me that he/SR/tt executed the g % same in his/111gr/th C authorized capacity(•i 5), and that by ,t , .lr � _._`. °�'"'' his/tS�r/thKsignature on the instrument the person KRISTEN S. PAUJLINO ) or the entity upon behalf of which the person$ acted, 1n executed the instrument. (. COMM. #1057981 �� (��.. �� NOTARY PUBLIC•C:�LiFOkNIA a (r . •' ORANGE COUNTY N WITNESS my hand and offi ial seal. II COMMfSS10N EXPIRE MAY..16,�1�93r 9"A-4An--- elk. :.i Signature of Notary Public OPTIONAL r� 4 Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent �� ffraudulent removal and reattachment of this form to another document. .g (G Description of Attached Document :� 4Title or Type of Document: >j i' >> ( Vie, Document Date: Number of Pages: • ( Signer(s) Other Than Named Above: `%� C, Capacity(ies) Claimed by Signer(s) >> 4 Signer's Name: Signer's Name: yj Ce ❑ Individual ❑ Individual hj 4 ❑ Corporate Officer ❑ Corporate Officer ;a� 4 Title(s): Title(s): a� (: ❑ Partner—El Limited ❑ General ❑ Partner—❑ Limited ❑ General >> ( ❑ Attorney-in-Fact ❑ Attorney-in-Fact 4 ❑ Trustee ❑ Trustee '>> RIGHT THUMBPRINT RIGHT THUMBPRINT '4 ❑ Guardian or Conservator OF SIGNER ❑ Guardian or Conservator OF SIGNER ❑ Other: Top of thumb here ❑ Other: Top of thumb here ) (. J� Vie; Signer Is Representing: Signer Is Representing: A • �,`a7`a7`•✓'i"•✓'i"•i7.%7.%J.l7.%J"•✓')"•✓'>'.'>'.•%".-� ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ .l>"•✓'>'•✓'i'•✓'i"•✓'7'•✓•7.l'i'.•li"•✓"i'✓i'•✓•>'•✓'7'•✓'7.l7.t7X<- .J'�.%�.7Y �� ®1995 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 • 4Jliw, volks1 • ith I yAi 32400 PASEO ADELANTO MEMBERS OF THE CITY COUNCIL SAN JUAN CAPISTRANO,CA 92675 COLLENE CAMPBELL JOHN GREINER (949) 493-1171 • e 1 mtoorouno WYATT HART (949)493-1053 (FAX) • tssanis�n 1961 GIL JONES 1776 DAVID M.SWERDLIN • I� • CITY MANAGER GEORGE SCARBOROUGH June 25, 1998 ADDENDUM NO. 1 INSTALLATION OF SPEED BUMPS The following changes to the plans and specifications are promulgated through this addendum. Notice Inviting Bids Delete time and date for receiving bids up to 2:00 p.m. on the 1st day of July, 1998. Add time and date for receiving bids up to 2:00 p.m. on the 25th day of August, 1998. A signed copy of this addendum shall accompany the bid. ' ' i ,APRE' C. • ontractor Si-ve Kirschner, Brian Perry V ce President Senior Civil Engineer brian\bmpadn.1 DRUG USE IS ,'AB San Juan Capistrano: Preserving the Past to Enhance the Future aJoao r, iv„,, - 32400 PASEO ADELANTO MEMBERS OF THE CITY COUNCIL CAMPSAN JUAN CAPISTRANO,CA 92675 JOHN OHN G EREINER LL d � � NER (949) 493-1171 Imcoiroomno WYATT HART (949)493-1053 (FAX) ' IsIInisHHI 1961 GIL JONES • 1776ilk • DAVID M.SWERDLIN CITY MANAGER GEORGE SCARBOROUGH June 29, 1998 ADDENDUM NO. 2 INSTALLATION OF SPEED BUMPS The following changes to the plans and specifications are promulgated through this addendum. Notice Inviting Bids Delete time and date for receiving bids up to 2:00 p.m. on the 25th day of August, 1998, per Addendum No. 1. Add time and date for receiving bids up to 2:00 p.m. on the 15th day of July, 1998. A signed copy of this ad. -ndum shall accompany the bid HARDY & RPER, K C.ntractor Ste e Kirschner, Brian Perry Vi e Pres. Senior Civil Engineer briar\bmpadn.2 DRUG USE 1S AB San Juan Capistrano: Preserving the Past to Enhance the Future BID PROPOSAL For the: INSTALLATION OF SPEED BUMPS Lic. #: 215952 From: HARDY & HARPER, INC. "A" Contractor, License No. & Classification To the Members of the City Council City of San Juan Capistrano Gentlemen: The undersigned, as bidder, declares that he has carefully examined the location of the proposed work as described, examined the Plans, Specifications, Special Provisions, and the Standard Specifications for Public Works Construction, 1997 Edition, including all supplements therefore, read the Instructions to Bidders, and is familiar with all proposal requirements, and hereby proposed and agrees, if the proposal is accepted, to complete the said construction in accordance with the Contract Documents, as defined in Section 1-2 of the Standard Specifications, in the time stated herein, for the unit price or lump sum given on the following pages of this proposal, amounting to a total of: Twenty Two Thousand, Seventy Dollars and no cents $ 22,070.00 Words Figures Said amount to include and cover all taxes, the furnishing of all materials, the performing of all the labor requisite or proper and the providing of all necessary machinery, tools, apparatus, and other means of construction; also, the performance and completion of all the work in the manner set forth, described and shown in the Specifications or the drawings for the work. If the contract is awarded, the undersigned agrees to enter into a contract with the City of San Juan Capistrano and to commence work within fifteen (15) calendar days from the date of execution thereof, and to diligently prosecute the work to completion before the expiration of fifteen (15) calendar days. All bids are to be computed on the basis of the given Estimated Quantities of Work, as indicated in this proposal, times the unit prices as submitted by the bidders. In case of discrepancy between words and figures, the words shall prevail. In case of discrepancy between unit prices and the extension thereof, the unit price shall prevail and bids will be computed as indicated above and compared on the basis of corrected totals, given solely as a basis for comparison of bids. It is understood that the City does not expressly, nor by implication, agree that the actual amount of work will correspond 3 • ' therewith, but reserves the right to increase or decrease the amount of any item or portion of the work or to omit portions of the work as may be deemed expedient by the Engineer. It is also understood by Bidder that the City of San Juan Capistrano has the right to reject this proposal or to award a contract to the undersigned at the prices stipulated. If the proposal is rejected, then any check or cashier's check shall be returned to the undersigned within thirty (30) days. No bid bonds will be returned. If the proposal is accepted and the undersigned fails to enter into a contract within fifteen (15) days after the agreement is delivered to him for signature, or within such further time as may be granted by the Members of the City Council, then said check shall be cashed or said bond declared forfeit and an amount equal to the difference between the lowest bid and the next lowest bid who will execute a contract shall be paid into the treasury of the City of San Juan Capistrano as liquidated damages for the failure of the undersigned to comply with the terms of this proposal. Accompanying this proposal is a bid bond (Insert "$ 10% cash," cashier's check, certified check or bidder's bond on the forms from pages BB-1 and BB-2 of these Contract Documents, as the case may be), in an amount equal to at least ten percent (10%) of the total bid. The following is the name and place of business of the surety company which will furnish the required bonds as surety if the work is awarded to the undersigned: MAHAN INSURANCE BROKERS #25 Mauchly #327, Irvine, CA 92618 Attn: Kathleen Maas Licensed in accordance with an act providing for the registration of contractors -- License No. 215952 and Classification A •oil nature of :idde Steve Kirschner, Vice President 4 • ' • (If an individual, so state. If a firm or co-partnership, state the firm name and give the names of all individual co-partners composing the firm: President, Secretary, Treasurer, and Manager thereof) July 13, 1998 1312 E. Warner Ave. Dated: • Business Address DateOly 13, 1998 (714) 444-1851 Telephone Number Further, the undersigned bidder certifies that he has thoroughly checked the figures set forth in this proposal, that they are correct to the best of his knowledge and that they constitute his proposal for the work called out herein. HARDY, HARPE' , NC. Dated: July 13, 1998 %1`/� �41' Signature of Bi+der Steve Ki rschner,Vi ce Pres. Dated: July 13, 1998 (714) 444-1851 Telephone Number Corporate Officers: President Fred T. Maas, Jr. Treasurer Fred T. Maas, Jr. Gen. Mgr. Fred T. Maas, Jr. Vice Pres. Steve Kirschner Secretary Kristen S. Paulino Director Fred T. Maas, Sr. II I 5 fl 1 • SCHEDULE OF WORK ITEMS INSTALLATION OF SPEED BUMPS Item Approximate Work Items With Unit Price Unit Price Total Amount Quantity (Written in Words) (In Figures) 1 L.S. Project layout for the lump sum price of_ Fifteen Hundred dollars. $1,500.00 $ 1,500.00 2 4 Ea. Provide City notification signs for the unit price of Eight Hundred and Ten Dol 1 arst}ollars per each. 810.00 $ 3,240.00 3 L.S. Off-street storage of equipment and materials for the lump sum price of Three Hundred Seventy Five. dollars. $ 375.00 $ 375.00 4 L.S. Traffic Control for the lump sum price of_ Seven Hundred _dollars. $ 700.00 $ 700.00 5 3 Ea. Asphalt Bump, complete, in place, on Via De Agua for the unit price of Eight Hundred Thirty Fivedollars per each. $ 835.00 $ 2,505.00 6 8 Ea. Asphalt Bump, complete, in place in alley, for the unit price of 31X Hundred Twenty Five dollars per each. 625.00 $ 6,600.00 7 10 Ea. Speed Bump sign, complete in place, for the unit price of Two Hundred .. . . dollars per each. 200.00 $ 2,000.00 8 L.S. Thermoplastic striping, complete in place for the lump sum price of Five Thousanc One Hundred Fifty dollars. $5,150.00 $ 5,150.00 Total Bid Price (Enter here and on Page 3) Twenty Two Thousand Seventy Dollars and no Cents $ 22,070.00 Words Figures 6 ' • NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID STATE OF CALIFORNIA ) ) SS. County of ORANGE ) Steve Kirschner , being first duly sworn deposes and says that he is Vice President of HARDY & HARPER, INC. , the party making the foregoing bid; that such bid is not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization or corporation; that such bid is genuine and not collusive or sham; that said 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 said bidder has not in any manner, directly or indirectly, sought by agreement, communication or conference with anyone to fix the bid price of said bidder or of any other bidder, or to fix the bid price of or cost element of such 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 such bid are true; and further, that said bidder has not directly or indirectly, submitted his 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 in connection therewith, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, or to any other individual except to any person or persons as have a partnership or other financial interest with said bidder in this general business. HARD ARPER, IN . 411 DATED: July 13, 1998 //�c� SIGNATU'I Steve Kirschner, Vice Pres. On this the 14th day of July , 19 98 before me, the undersigned, a Notary Public in and for said State, personally appeared Steve Kirschner personally known to me/proved to me on the basis of satisfactory evidence, to be the person(i) whose name( s subscribed to the f' within instrument, and acknowledge that he executed it. WITNESS my hand and official seal. --- � 4111111 f N S. PAIE1.1N N. ary Public in and for said State Kristen S. Paul inor.t. .. . ;,ti .� tt-,,:)7981 ,UUP TY 11 MY COMMISSION EXPIRES MAY 16, 1999 7 • DESIGNATION OF SUB-CONTRACTORS I Submit with Proposal. U In compliance with the Provisions of Section 4100-4107 of the Government Code of the State of California as amended, the undersigned certifies that he has used the sub-bids of the following listed sub-contractors in making up his bid, and that the sub-contractors listed will be used for the work for which they bid, subject to the approval of the Engineer, and in accordance with the applicable provisions of the Specifications. It is understood and agreed that all those portions of the work called for in the contract documents for which a sub contractor is not listed will be performed by the undersigned through his forces. If no sub-contractors are listed, all bonds and insurance will be written in the name of the general contractor only. Item of Work Sub-contractor License No. Address Phone & Classification I 40764 exp. 3/31/99 1. Layout Land Surveyor 1316 Candelwood 714/774-8336 Anaheim, CA 92805 ' Notification 346095 C-32 183 N. Pixley 714/639-4550 Signs Orange, CA 92668 3. I 4. 5. 6. Speed Bump 183 N. Pixley 7. Sign 346095 C-32 Orange,_CA _92668 714/639-4550 Thermo Plastic 8. Striping 346095 C-32 183 N. Pixley 714/639-4550 Orange, CA-92668_ HJ' DY & HARPER, INC. BIDDER'S NAME — — - el/ //AA.", • ORIZED :IGNATURE Steve Kir chner, Vice Pres. 1! 8