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Home My WebLink AboutC30960 2012 Citywide Resurfacing 752-12BContract No. C30960 CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: AWARD CONTRACT NO. C30960 FOR CONSTRUCTION OF THE 2012 CITYWIDE RESURFACING PROJECT TO MATICH CORPORATION OF SAN BERNARDINO, CALIFORNIA, IN THE AMOUNT OF $1,472,000 (PROJECT NO. 752-12B) SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works CONTRACTOR: Matich Corporation P.O. Box 50,000 San Bernardino, CA 92412 DATE: July 14, 2011 CONTENTS: Contract Agreement Contractor's Proposal List of Locations Location Map Recommendation By Minute Motion: 1. Award Contract No. C30960 for Construction of the 2010 Citywide Resurfacing Project to Matich Corporation of San Bernardino, California, in the amount of $1,472,000 (Project No. 752-12B); and 2. Authorize the Director of Finance to set aside a 10 percent contingency in the amount of $147,200; and 3. Authorize the Mayor to execute the subject agreement; and 4. Authorize the City Manager to execute a reimbursement agreement with the utility companies with facilities in the street. Funding is available for this project in the General Fund Street Maintenance Account: 110-4311-433-3320, and the Recycling Fund Street Maintenance Account: 236-4311-433-3320, and the Gas Tax Street Resurfacing Account: 211-4311-433-3320. Background The 2012 Citywide Resurfacing Project will rehabilitate the streets on the attached list by removing the existing asphalt concrete, pulverizing it and reusing it as base paving. After placement of the base paving, a 1.25" surface course will be paved. Staff Report Award Contract C30960 to Matich Corporation (Project 752-1213) July 14, 2011 Page 2 of 2 The project was advertised and contractors were encouraged to submit bids. Six contractors submitted bids at the June 30, 2011 bid opening. The results are as follows: Matich Corporation Hardy and Harper, Inc. Vance Corp. Hazard Construction Granite Construction Skanska San Bernardino, CA Santa Ana, CA Rialto, CA Palm Desert, CA Indio, CA Riverside, CA $1,310,000.00 $1,363,000.00 $1,384,925.00 $1,429,267.50 $1,445,445.00 $1,457,450.00 Matich Corporation submitted the lowest responsive bid (approximately 6% lower than the engineers estimate). There is an alternate bid item for the adjusting of utility facilities to finished grade after the improvements are complete. The contractor provided a price of $162,000 for these adjustments. Previously, the City included the adjustment of valves and manhole frames and covers as a cost of the project, but the City is now passing the cost of adjustments of utility facilities on to the utility purveyors. It is recommended that the contract be awarded including the Alternate Bid Item for utility adjustment, and that the work is only performed after the utility company executes a reimbursement agreement to pay the cost of the adjustments. The contract amount will include the cost of the paving process and the adjustment of the utilities for a total amount of $1,472,000. Staff recommends that Council authorize the City Manager to execute a reimbursement agreement related to this project after review and approval by the City Attorney. The reimbursement agreement would only become necessary if the utility providers want the adjustments made as part of this contract. Fiscal Analysis This street resurfacing project is being done as a part of the City's annual Street Maintenance Program. There is no fiscal impact beyond the, cooract amo�t. Prepared B Ryan Gayler,`P6je inistrator Mark Green ood, P.E. \ Director of Public Works U117 CITY COUNCILAC�'iON Paul S. Gibso irec r of -Finance APPROVED. DTNIFD RECEIVED OTHER Approval: Ink ..aNU Wohlmuth, City Manager AYES: '"`' 0 '5.=! k NOES: ABSENT:SL ABSTAIN: VERIFIED BY. - Original on File with City k's Office Contract No. C30960 AGREEMENT THIS AGREEMENT is made and entered into this 141h day of Jam, 2011, by and between City of Palm Desert, California, hereafter called "CITY" and Matich Corporation hereinafter called "CONTRACTOR". WITNESSETH RECITALS: CONTRACTOR has submitted to CITY its Contractor's Proposal for the construction of CITY Project, 1. 2012 CITYWIDE RESURFACING PROJECT, PROJECT NO. 752-12B, CONTRACT NO. C30960, in strict accordance with the Contract Documents identified below, CITY has accepted said Proposal. 2. CONTRACTOR states that it has re-examined its CONTRACTOR'S Proposal and found it to be correct, has ascertained that its Subcontractors are properly licensed and possess the requisite skill and forces, has examined the site and Contract in accordance with the Contract Documents for the money set forth in its Proposal to be paid as provided in the Contract Documents. AGREEMENT: IT IS AGREED BY THE PARTIES AS FOLLOWS: 1. Contract Documents: The entire contract consists of the following: (a) The Agreement; (b) The Notice Inviting Bids; (c) The Instruction to Bidders; (d) The Contractor's Proposal; (e) The Bidder's Bond; (f) The Performance Bond; (g) The Payment Bond; (h) The General Specifications; (i) The Special Provisions; 0) The Standard Specifications as modified in other portions of the Contract Documents; (k) The Plans; (1) Addenda No. 1; (m) The Determination of Prevailing Wage Rates for Public Work; (n) Any Change Orders issued; (o) Any additional or supplemental specifications, notices, instructions and drawings issued in accordance with the provisions of the Contract Documents. All of said Documents presently in existence are by this reference incorporated herein as if here set forth in full and upon the proper issuance of their documents they shall likewise be deemed incorporated. 2. Contractor shall commence the work within ten calendar days after the date of the Notice to Proceed and will do all things necessary to construct the work generally described in Recital No. 1 in accordance with the Contract Documents and will complete said work within 45 Calendar Days from the Notice to Proceed date to the satisfaction of the Engineer. Matich Corporation Page C-3 THIS, POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 4645 821 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent hereirr stated. SAFECO INSURANCE COMPANY OF AMERICA SEATTLE, WASHINGTON POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Safeco Insurance Company of America (the "Company'l, a Washington stock insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint RHONDA C. ABEL, JERI APODACA, NANETTE MYERS, MICHAEL D. PARIZINO, JAMES A. SCHALLER, RACHELLE RHEAULT, ALL OF THE CITY OF NEWPORT BEACH, STATE OF CALIFORNIA.......................................................................................................................................................................................................................................................... ................................................................................................................................................................................................................................................................................. , each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding FIVE HUNDRED MILLION AND DOLLARS ($ 500,000,000.00"""""""•"`""" ) each, and the execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the Company as If they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By-law and Authorization: ARTICLE IV - Officers: Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitations as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in - fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and executed, such instruments shall be as binding as if signed by the president and attested by the secretary. By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys -in -fact: Pursuant to Article IV, Section 12 of the By-laws, David M. Carey, Assistant Secretary of Safeco Insurance Company of America, is authorized to appoint such attorneys -in -fact as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of Safeco Insurance Company of America has been affixed thereto in Plymouth Meeting, Pennsylvania this 15th dayof ,rune 2011 t<' SAFECO INSURANCE COMPANY OF AMERICA By r w� David M. Carey, A9619tant Secretary COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF MONTGOMERY On this 15th day of June 2011 before me, a Notary Public, personally came David M. Car ev, to me known, and acknowledged that he is an Assistant Secretary of Safeco Insurance Company of America; that he knows the seal of said corporation; and that he executed the above Power of Attorney and affixed the corporate seal of Safeco Insurance Company of America thereto with the authority and at the direction of said corporation. IN TESTIMONY WHEREO , volt r subscribed my name and affixed my notarial seal at Plymouth Meetin , Pennsylvania, on the day and year first above written. otaw �1„ r— — —� ' a >#arr 1 jai ��'� �'r.'�" yrr 6r Tx;t. m +qrn>�rp Cn y y -- OF "Ac>> > , r .� x� ea ^a+• r a� u Tere Pastelia, Notary Public CERTIFICATE I, the undersigned, Vice Insurance Company of America, do hereby certify that the original power of attorney of which the foregoing is a full, true and correct co orce and effect on the date of this certificate; and I do further certify that the officer or official who executed the said power of attorney is an Officer specially authorized by the chairman or the president to appoint attorneys -in -fact as provided in Article IV, Section 12 of the By-laws of Safeco Insurance Company of America. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Safeco Insurance Company of America at a meeting duly called and held on the 18th day of September, 2009. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF I have hereunto subscribed my namec� � affixed the corporate seal of the said company, this { t day of �5 Vie, �ysa Gregory W. Davenport, Vice President ACKNOWLEDGMENT State of California County of San Bernardino On JUN s 0 2011 before me, Megan Nadalet, Notary Public (insert name and title of the officer) personally appeared Robert M. Matich who proved to me on the basis of satisfactory evidence to be the per sono whose name( is/afe subscribed to the within instrument and acknowledged to me that he/t*eAhey executed the same in hisA#er4ieir authorized capacity0es), and that by hisA%Wtheir signature(4) on the instrument the person(.f4, or the entity upon behalf of which the person( 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. ; MEGAId NADALET COMM. #1 ni 699 0 NOTARY PUBL"ALIFORNIA SAN BERNWINO COUNTY Signature — (Seal) 2...•.•.••••.:Com:Ei:�:::::: ..•.2 *4\ r.w««...n. HWY111 HWY III "w.,..n..nw 11WY111 HWY III ASEO = EL PASEO K PASEO S EL pSg i0 NIIIN ... ` .... �` w....r.rr..,... ....a.r� ..r woo... .u..ee.. d 4 .n�.e ---- ... «xROR GRAPEVINE Sr y a � i � s «ww...n ry,ww "' «,. HAYSTACK RD HAYSTACK RD ppp a •' Is I: sg ems° i aor MESA VIEW OR - 6 J a • '• W.W. tl a ` • ,II. t � pDR PORTO" AVE �y h VICINITY MAP 752-12B e VICINITY MAP RESURFACING STREETS AND LIMITS SILVER SPUR AREA Arrow Trail — entire street Birdie Way — entire street Buckboard Trail — entire street Broken Arrow Trail — entire street Feather Trail — entire street Little Bend Trail — entire street Moon Lane — entire street Riata Trail — entire street Siesta Trail — entire street Silver Lane — entire street Silver Moon Trail — entire street Silver Spur Trail — entire street except northeast bound lane from Silver Spur Roundabout to Sun Corral Trail Sun Lane — entire street Sun Corral Trail — entire street GARDEN SQUARE AREA Garden Square — entire street Larrea — from Lantana Avenue to Garden Square PALMA VILLAGE ALLEYS AREA Alley (Lot C) — From San Gorgonio to Lot D Alley (Lot D) — From Las Palmas to San Pablo Alley (Lot H) — From San Gorgonio to Alessandro Drive Alley (Lot J) — From San Pablo to De Anza Way