HomeMy WebLinkAboutC30860 Cook Street Cold In Place Recycling Project 752-11Contract No. C30860
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: AWARD CONTRACT NO. C30860 FOR CONSTRUCTION OF
THE COOK STREET COLD IN PLACE RECYCLING PROJECT
TO MATICH CORPORATION OF SAN BERNARDINO,
CALIFORNIA, IN THE AMOUNT OF $596,960 (PROJECT NO.
752-11)
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
CONTRACTOR: Matich Corporation
P.O. Box 50,000
San Bernardino, CA 92412
DATE: June 9, 2011
CONTENTS: Contract Agreement and Bonds
Contractor's Proposal
Location Map
Recommendation
By Minute Motion:
1. Select the warm -mix asphalt alternative;
2. Award Contract No. C30860 for construction of the Cook Street Cold in
Place Recycling (CIPR) Project to Matich Corporation of San
Bernardino, California, in the amount of $596,960 (Project No. 752-11);
3. Authorize the Director of Finance to set aside a 10 percent contingency
in the amount of $59,696;
4. Appropriate $656,656 from Unobligated Fund 211 to Account No. 211-
4311-433-3320, Gas Tax Street Maintenance;
5. Authorize the City Manager to execute a reimbursement agreement
with the utility companies with facilities in the street; and
6. Authorize the Mayor to execute the subject agreement.
No General Funds will be used for this project.
Staff Report
Award Contract C30860 to Matich Corporation (Project 752-11)
June 9, 2011
Page 2 of 3
Background
The Cook Street CIPR Project will rehabilitate Cook Street between Fred Waring Drive
and Merle Street by removing three inches of the existing asphalt concrete, pulverizing it
and reusing it as base paving. After placement of the base paving, a one and one-half
inch surface course will be paved.
Three different asphalt materials were considered for the wearing course: conventional
hot -mix asphalt, rubberized asphalt, and warm -mix asphalt. When the project went out
to bid, all three materials were bid so staff could determine the best value based upon
the bid price. In order to ensure the lowest price for each alternative, the bid documents
specified that the low bidder would be determined by adding the base bid and all the
alternatives together. Therefore, the dollar values used to select the lowest responsible
bidder are higher than the actual amount that will be awarded.
The project was advertised and contractors were encouraged to submit bids. Five
contractors submitted bids at the May 24, 2011, bid opening. The breakdown is below:
Contractor
Location
Bid Amount
Matich Corporation
San Bernardino, CA
$ 941,860
Hazard Construction
San Diego, CA
$1,041,500
Granite Construction
Indio, CA
$1,050,050
Cooley Construction
Hesperia, CA
$1,058,380
Skanska
Riverside, CA
$1,100,250
Matich Corporation submitted the lowest responsive bid (9 percent less than the
engineer's estimate). The bid amount of $941,860 includes three alternatives for the
asphalt being used for the wearing course: Conventional asphalt, Rubberized asphalt,
and Warm -mix asphalt. However, only one of the alternatives, Warm -mix asphalt, is
being selected. Therefore, the contract amount will be $546,560.
Below is a summary of the project cost based upon the material being used for the
wearing course:
Base Bid Alternate Total
Base costs plus conventional asphalt $369,560 + $179,950 = $549,510
Base costs plus rubberized asphalt $369,560 + $215,350 = $584,910
Base costs plus warm -mix asphalt $369,560 + $177,000 = $546,560
The cost for warm -mix asphalt is slightly less than conventional asphalt. Rubberized
asphalt would cost an additional $38,350. The City has used warm -mix asphalt in the
Civic Center Parking Lot and on last year's Citywide Resurfacing project. The asphalt
has been wearing well; and the material was easy to pave with, providing a smooth
driving surface. Warm -mix asphalt has environmental benefits when compared to
conventional and rubberized asphalt. The process of producing warm -mix asphalt uses
less natural gas, and generates fewer emissions. Based on past performance and
environmental benefits, staff recommends using the warm -mix asphalt alternative.
Staff Report
Award Contract C30860 to Matich Corporation (Project 752-11)
June 9, 2011
Page 3 of 3
There is an additional alternate bid item are for the adjusting of utility facilities to finished
grade after the improvements are complete. The contractor provided a price of $50,400
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 CIPR
process with warm -mix asphalt and the adjustment of the utilities for a total amount of
$596,960. 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 contract amount.
Ryarr/Gayler/Wject Administrator
aa,f,�
Paul S. Gibson, Director of Finance
n M. Wohlmuth, City Manager
Depa
Mark Greenyiood, P.E.
Director of Public Works
CITY COUNCIL ACTION
APPROVED 1� DFNIED
RECEIVED OTHER
MEETING, DATE
AYES:
NOES:
ABSENT: ►one. -
ABSTAIN:
NODE -
VERIFIED BY,
Original on Fite with City Clerk's Office
Contract No. C30860
AGREEMENT
THIS AGREEMENT is made and entered into this 9th day of June, 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,
COOK STREET CIPR PROJECT, PROJECT NO. 752-11, CONTRACT NO.
C30860, 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:
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;
Q) 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 30 Calendar Days from the Notice to Proceed
date to the satisfaction of the Engineer.
Contract No. C30860
3. Contractor agrees to indemnify, defend and save CITY and its officers, agents
and employees, and the Engineer harmless from:
a. Any and all liability, claims, damages, losses or injuries to any person or
other entity, including injury to Contractor's employees, and all claims
which arise from or are connected with the negligent performance of or
failure to perform the work or other obligations of this Agreement, or which
are caused or which are claimed to be caused by the negligent or
intentional acts or omissions of Contractor, its subcontractors, its agents
or employees, and, all expenses of investigating and defending against
same,
b. Any and all liability, claims, damages, losses or injuries to any and all
contractors, subcontractors, material -men, laborers, or any other person,
firm or corporation furnishing or supplying work, services, materials or
supplies in connection with the performance of the Agreement.
C. Attention is directed to the General Specifications - Claims, Liability, and
Indemnity Agreement/Hold Harmless sections, which specifications are
made part of this Agreement as set forth in Agreement paragraph 1,
above.
d. Attention is directed to Section 6-9, "Liquidated Damages" of the Standard
Specifications and is hereby amended to substitute the "City of Palm
Desert" in place of "Agency." Liquidated damages shall be $1,000.00
dollars per calendar day of delay.
4. Should any litigation or arbitration be commenced between the parties
concerning the works of improvements as referenced herein, the prevailing party
in any such litigation, being the CITY or the Contractor, should be entitled to a
reasonable sum for attorney's fees incurred in any such litigation relating to this
Contract.
5. This Agreement shall be binding upon all parties hereto and their respective
heirs, executors, administrators, successors, and assigns.
6. Contractor shall be paid in the manner set forth in the Contract Documents the
amount of its Proposal as accepted by CITY, subject to such additions and
deductions as may be made pursuant to the Contact Documents and applicable
law.
Satisfactory Performance: The prime Contractor agrees to pay each
Subcontractor under this prime contract for satisfactory performance of its
contract no later than 10 days from the receipt of each payment the prime
Contractor receives from City of Palm Desert. Any delay or postponement of
payment from the above referenced time frame may occur only for good cause
following written approval of the City of Palm Desert.
Contract No. C30860
Release of Retention: The prime Contractor agrees further to release retention
payments to each Subcontractor within 30 days after the Subcontractor's work is
satisfactorily completed. Any delay or postponement of payment from the above
referenced time frame may occur only for good cause following written approval
of the City of Palm Desert.
7. Execution of the Agreement by the parties constitutes their agreement to abide
by all applicable provisions of the California Labor Code; constitutes contractor's
certification that he is aware of the provisions of said Code and will comply with
them; and further constitutes Contractor's certification as follows:
"I am aware of the provisions of Section 3700 of the California 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 that Code,
and I will comply with such provisions before commencing the performance of the
work of this contract."
IN WITNESS WHEREOF the parties hereto have executed or caused to be
executed by their duly authorized officials, this Agreement which shall be deemed an
original on the date first above written.
CONTRACTOR:
BY:
Signature to be notarized
TITLE:
CITY:
BY:
Signature to be notarized
TITLE: Mayor of Palm Desert, CA
APPROVED AS TO CONTENT:
MARK GREENWOOD, P.E.
DIRECTOR OF PUBLIC WORKS
ATTEST BY:
TITLE:
ATTEST BY:
TITLE: City Clerk of Palm Desert, CA
APPROVED AS TO FORM:
DAVID J. ERWIN
CITY ATTORNEY
Contract No. C30860
CONTRACTOR ACKNOWLEDGMENT
State of California )
) SS.
County of )
On , 20_, before me, , a
Notary Public, personally appeared
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
State of California
County of
Riverside
CITY ACKNOWLEDGMENT
) SS.
(seal)
On , 20_, before me, , a
Notary Public, personally appeared f
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 (seal)
Contract No. C30860
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has
awarded to Matich Corporation
hereinafter designated as the "Principal", a contract for:
COOK STREET CIPR PROJECT
PROJECT NO. 752-11
CONTRACT NO. C30860
WHEREAS, said Principal is required under the terms of said contract to furnish
a good and sufficient bond for the performance of said contract:
NOW THEREFORE, WE, Matich Corporation
the Principal, and as Surety, are held and
firmly bound unto the City of Palm Desert hereinafter called the City, in the penal sum of
Five Hundred Ninety -Six Thousand Nine Hundred Sixty and 00/100
Dollars ($596,960.00), being 100% of the contract amount in lawful money of the United
States of America for the payment of which sum well and truly to be made, we hereby
bind ourselves, our heirs, executors, administrators, and successors, jointly and
severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounded
Principal, his executors, heirs, administrators, and successors, or assigns, shall in all
things stand to and abide by, and well and truly keep and perform the covenants and
agreements in the said contract and any alterations thereof made as therein provided,
on his or their part, to be kept and performed at the time and in the manner therein
specified, and in all respects according to their true intent and meaning, and shall
indemnify and save harmless the City, its officers and agents, as therein stipulated, then
this obligation shall become null and void; otherwise, it shall be and remain in full force
and virtue.
And the said Surety, for value received, hereby stipulates and agrees that no
change, extension of time, alteration or addition to terms of the contract or to the work to
be performed thereunder or the specifications accompanying the same shall in any wise
affect its obligations on this bond, and it does hereby waive notice of any such change,
extension of time, alterations or additions to the terms of the contract or to the work or
the specifications.
Should it become necessary for the City to institute a lawsuit or any other legal
proceeding to enforce the terms and conditions of this bond, then all costs of said
proceeding, including attorneys' fees, shall be awarded to the prevailing party.
Contract No. C30860
IN WITNESS WHEREOF, identical counterparts of this instrument, each of which
shall for all purposes be deemed an original thereof, have been duly executed by the
Principal and Surety above named, on this day of , 20
SURETY
INSURANCE COMPANY and/or AGENT
ADDRESS
TELEPHONE NUMBER
State of California )
County of )
On
before me,
PRINCIPAL
�'1
personally appeared
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 (Seal)
Contract No. C30860
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Desert (sometimes referred to hereinafter as
"Obligee") has awarded to Matich Corporation (hereinafter designated as the
"CONTRACTOR"), an agreement dated June 9, 2011 described as follows: COOK
STREET CIPR PROJECT, PROJECT NO. 752-11, CONTRACT NO. C30860,
(hereinafter referred to as the "Contract"); and
WHEREAS, said CONTRACTOR is required to furnish a bond in connection with said
Contract, and pursuant to Section 3247 of the California Civil Code;
NOW, THEREFORE, we, Matich Corporation , the undersigned CONTRACTOR, as
Principal, and a corporation organized and existing
under the laws of the State of , and duly authorized to
transact business under the laws of the State of California, as Surety, are held and
firmly bound unto the City of Palm Desert and to any and all persons, companies or
corporations entitled to file stop notices under Section 3181 of the California Civil Code,
in the sum of Five Hundred Ninety -Six Thousand Nine Hundred Sixty and 00/100
Dollars ($596,960.00), said sum being not less than one hundred percent (100%) of the
total amount payable by the said Obligee under the terms of the said Contract, for which
payment well and truly to be made, we bind ourselves, our heirs, executors and
administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if said CONTRACTOR, his or
its heirs, executors, administrators, successors or assigns, or Subcontractors, shall fail
to pay for any materials, provisions or other supplies, implements, machinery or power
used in, upon, for or about the performance of the Public Work contracted to be done,
or to pay any person for any work or labor of any kind, or for bestowing skills or other
necessary services thereon, or for amounts due under the Unemployment Insurance
Code with respect to such work or labor, or for any amounts required to be deducted,
withheld, and paid over to the Employment Development Department from the wages of
employees of said CONTRACTOR and his or its Subcontractors pursuant to Section
13020 of the Unemployment Insurance Code with respect to such work and labor as
required by the provisions of Section 3247 through 3252 of the Civil Code, or for any
amounts required to be deducted, withheld, and paid over to the Franchise Tax Board
or Internal Revenue Service from the wages of employees of the CONTRACTOR or his
or its Subcontractors, the Surety or Sureties hereon will pay for the same in an amount
not exceeding the sum specified in this bond, otherwise the above obligation shall be
void. In addition to the provisions herein above, it is agreed that this bond will inure to
the benefit of any and all persons, companies and corporations entitled to serve stop
notices under Section 3181 of the Civil Code, so as to give a right of action to them or
their assigns in any suit brought upon this bond.
The Surety, for value received, hereby stipulates and agrees that no change, extension
of time, alteration or addition to the terms of the said Contract or to the work to be
Contract No. C30860
performed thereunder or the Specifications accompanying the same shall in any way
affect its obligations on this bond, and it does hereby waive notice of any such change,
extension of time, alteration or addition to the terms of the Contract or to the
Specifications.
No final settlement between the Obligee and the CONTRACTOR hereunder shall
abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
CONTRACTOR and Surety agree that if the Obligee is required to engage the services
of an attorney in connection with the enforcement of the bond, each shall pay Obligee's
reasonable attorney's fees incurred, with or without suit, in addition to the above sum.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this
day of , 20
PRINCIPAL/CONTRACTOR:
(Typed Name of CONTRACTOR)
(Signature)
(Typed Name and Title)
The rate of premium on this bond is $
SURETY:
(Typed Name of Surety)
0
(Signature of Attorney -in -Fact)
(Typed Name of Attorney -in -Fact)
The total amount of premium charged: $
(the above must be filled in by corporate surety).
perthousand.
IMPORTANT: Surety companies executing bonds must possess a certificate of
authority from the California Insurance Commissioner authorizing them to write surety
insurance defined in Section 105 of the California Insurance Code, and if the work or
project is financed, in whole or in part, with federal, grant or loan funds, it must also
appear on the Treasury Department's most current list (Circular 570 as amended).
THIS IS A REQUIRED FORM.
Any claims under this bond may be addressed to:
(Name, Address and Telephone No. of Surety)
(Name, Address and Telephone No. of agent or representative for service of process in
California if different from above)
Matich Corporatio
C - CONTRACTOR'S PROPOSAL
COOK STREET CIPR PROJECT
PROJECT NO. 752-11
CONTRACT NO. C30860
TO: CITY OF PALM DESERT, "CITY"
DATE:'lG
BIDDER: Matich Corporation
"CONTRACTOR"
The UNDERSIGNED, "CONTRACTOR", having carefully examined the site and the
Contract Documents for the construction of, COOK STREET CIPR PROJECT,
PROJECT NO. 752-11, CONTRACT NO. C30860, hereby proposes to construct the
work in accordance with the Contract Documents, including Addenda No(s). for
the amount stated in this Proposal.
By submitting this Proposal, CONTRACTOR agrees with CITY:
1. That unless withdrawn in person by CONTRACTOR or some person authorized
in writing by CONTRACTOR - not by telephone or telegram — before the time
specified in the Notice Inviting Bids for the public opening of bids, this Proposal
i constitutes an irrevocable offer for 60 calendar days after that date.
2. The CITY has the right to reject any or all Proposals and to waive any
irregularities or informalities contained in a Proposal.
3. That the contract shall be awarded only by the governing body of CITY. Said
contract shall only be deemed awarded after the CONTRACTOR'S complete
submission of all contract documents, bonds, insurance documentation, and the
CITY shall obtain all necessary signatures of the governing body, at which time
the contract shall be deemed awarded.
4. To submit to CITY such information as CITY may require to determine the
Bidder's financial standing experience and to perform the work.
5. That the accompanying certified or cashier's check or Bid Bond constitutes a
guarantee that if awarded the contract, CONTRACTOR will execute the
Agreement and deliver the required bonds and certificates of insurance within 10
days after notice of award. If CONTRACTOR fails to execute and deliver said
documents, the check or bond is to be charged with the costs of the resultant
damages to CITY, including but not limited to publication costs, the difference in
money between the amount bid and the amount in excess of the bid which costs
CITY to do or cause to be done the work involved, lease and rental costs,
additional salaries and overhead, increased interest and costs of funding the
project, attorney expense, additional engineering and architectural expense and
Page C-1
Matich Corporation
cost of maintaining or construction alternate facilities occasioned by the failure to
execute and deliver said documents.
It is understood that the quantities shown hereon, except for those quantities marked
"Lump Sum", are estimates and the final payment will be based upon the actual work
performed, subject to such adjustment and alterations as elsewhere provided herein.
tip£' f; s £ .r''Y: '., ,✓ ed`, "'``,i f ;;W��+� `z-'K �� h r '.,
93
'`$,Y� PE`m`. 'f£
?� 1 .`, H' L Y 4 i^*Ay'�'ti` Y•rr�%J x'ak��r..'"!$✓ -Ao, Y s y'r'�Y f' .'
1.
Mobilization
LS
1
$ q,, 066-
$ q 1) 0bb1_
2.
Traffic Control
LS
1
$/Z� wo-
$fZ� 1,W '
3.
Lower Manholes and Valves
LS
1
$G ,'
$413,1��'
4
Cold In -Place Recycling (CIPR) - 3"
SF
295,000
$ Q�
$4,ysL�"
depth
5.
HMAC Overlay - 1.50"
SF
295,000
$
6.
Adjust Storm Drain Manhole to Grade
EA
4
9c'90 `
7.
Signing and Striping
LS
1
� > '
>�ox
8.
Traffic Signal Loops
EA
42
TOTAL BASE BID PRICE
$ 5 q q
2.j5,3,r-P-
Page C-2
Matich Corporation
The costs of any work shown or required in the Plans and Specifications, but not
specifically identified as a Pay Item are included in the related Pay Item(s), and no
additional compensation shall be due CONTRACTOR by virtue of CONTRACTOR'S
compliance with the Plans and Specifications.
Page C-3
Matich Corporation
The low bid will be determined by calculating the sum of the Base Bid Amount and
Alternative #1 and Alternative #2. No consideration will be given to Alternative #3 with
respect to determining the low bidder.
TOTAL BID AMOUNT IN FIGURES (BASE BID + ALTERNATES #1 and #2)
$
TOTAL BID AMOUNT IN WORDS (BASE BID + ALTERNATES #1 and #2) 1iMNI h- ►
Ire\1A I��.,_�_�l_►!.11t �- 1�11�.�i1'.. ��L� �fV1
IN WITNESS WHEREOF CONTRACTOR executed this proposal as of date set forth on
Page C-1:
Signature Robert M. MaUc
Title: Vice President
CONTRACTOR
State of California )
Bernardino
San Berna)
County of )
Subscribed and sworn to (or affirmed) before me on this day of _ 111' ?,
(month), (year), by Hobert M. Matich
proved to me on the basis of satisfactory evidence to be the person(s)
who appeared before me.
Signature of Notary Ay"AU'A �
Page C-4
(Seal of Notary)
G NADALLET����
i COMM. #1771099
NOTARY PUBLIC-CAI.IF013"
SAN BERNARDINO 00t1NTY =
My Connn. Expires Oct 5,201
Matich Corporation
D — INFORMATION REQUIRED OF BIDDER
The bidder is required to supply the following information. Additional sheets may be
attached if necessary.
(1) Address
1596 Harry Sheppard Blvd. San Bernardino, CA 92408
(2) Telephone No. ",Va-74Q0
(3) Type of Firm (Individual, Partnership or Corporation) Corporation
California
(4) Corporation organized under the laws of the State of
(5) Contractor's License No. 149783 Exp. Date 11-30-11
Contractor hereby swears under penalty of perjury that this information provided is true
and correct.
Title: Vice President
Y=
Signature Robert M. Matich Contractor
(6) List the names and addresses of all owners of the firm or names and titles of all
officers of the corporation:
See Attached Corporate Resolution
(7) Number of years' experience as a Contractor in construction work
(8) List at least three similar projects completed recently:
L l� 5
Contract Amount
Class of Work
Date Completed
Name, Address &
Telephone No. of Owner
1. ovv �4yv
5TV,V, r -
,
/Z�"//0
4- --Yd., e�
�
2.
3.
G � %� � r" %. ✓L f�J
Page D-1
Matich Corporation
CORPORATE RESOLUTION
At a meeting of the Board of Directors of MATICH CORPORATION, a California
Corporation duly called and held on the 26th day of July, 2010, a quorum being present,
the following RESOLUTION was adopted:
"Resolved, the Corporate Officers for Matich Corporation are
PRESIDENT Stephen A. Matich
VICE PRESIDENT & TREASURER Randall S. Valadez
VICE PRESIDENT & CORPORATE SECRETARY Patrick A. Matich
VICE PRESIDENT — ENGINEERING Robert M. Matich
FURTHER RESOLVED, that the above listed Corporate Officers are duly authorized to
sign documents (bids, contracts, etc.) as may be necessary on behalf of MATICH
CORPORATION
I, Patrick A. Matich, Secretary of MATICH CORPORATION have compared the
foregoing RESOLUTION with original thereof, as it appears on the records of the Board
of Directors of said company, and do so certify that the same is a true and correct
transcript there from, and of the whole said original RESOLUTION.
I further certify that said RESOLUTION has not been amended or revoked and is still in
full force and effect.
IN WITNESS THEREOF, I have hereunto set my hand as such Secretary this 26th day of
July, 2010.
Patrick A. Matich, Secretary
(9) List the names and addresses of each Subcontractor who will perform work in or
about the work improvement,
and indicate what portion of the work will be done
by each Subcontractor:
F12—
Subcontractor's Name:
-5
License Number:
E� j �r 2-
Address: %o %U 45�4 1414, l�>�� A
Telephone:
7
Work to be performed:
i
Subcontractor's Name:
License Number:
� f3Cs'2
Address: s' S
�<"� ; 1� s����-�l�i/°; I Z �11U
Telephone:
Work to be performed:
Subcontractor's Name:
License Number:
Address:
Telephone:
Work to be performed:
(10) List the n m of the �e„rson
wwh_o inspected the site of the proposed work for your
firm �b 111111,t1LYi
(11) A financial statement or other information and references sufficiently
comprehensive to permit an appraisal of your current financial condition may be
required by the City.
Page D-2
►wat►ch Corporation
E - NON -COLLUSION AFFIDAVIT
To be Executed by Bidder and Submitted with Bid
STATE OF CALIFORNIA )
COUNTY OF
San Bernardino j SS
Robert M. Matich being first duly sworn, deposes and
says that he/she is Vie President of Matich corporation , the
party making the foregoing bid; 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 other
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 pubic 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.
Signature Robert Matich
Title: Vice President
CONTRACTOR
State of California
County of San Bernardino
Subscribed and sworn to (or affirmed), be f re this •�,<' day ofl t,.
(month), 20i_ (year), by Robert N� Ma 16 „ proved td me on the
basis of satisfactory evidence to be the person who appeared before me.
Signature of Notary:
County and State
Page E-1
Notary Public in and for said
(seal of notary)
••••••••••••• MEGAN� N DALET •••�
COMM. #177� Wtmv
sAN RNARDINO COUNTY
Matich Corporation
F — BIDDER'S BOND
To Accompany proposal
KNOW ALL MEN BY THESE PRESENTS,
That we, Matich Corporation as principal,
and Safeco Insurance Company of America as surety, are held and
firmly bound unto the City of Palm Desert in the sum of $ Ten Percent of Bid (10% of bid)
to be paid to the said City or its certain attorney, its successors and assigns; for which
payment, well and truly to be made, we bind ourselves, our heirs, executors and
administrators, successors or assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the certain proposal of the
above bounden principal to perform certain work described as follows:
COOK STREET CIPR PROJECT
PROJECT NO.752-11
CONTRACT NO. C30860
The general items of work to be done hereunder consist of; Cold Milling Asphalt; Cold
In -Place Recycling, Asphalt Paving, Adjusting Manhole and Valve Frames and Covers
to grade, Installing Traffic Signal Loop Detectors, Striping, Traffic Control, and other
duties necessary for full execution of the project,
and dated May 24, 2011 is accepted by the City of Palm Desert,
and if the above bounden principal Matich Corporation shall
duly enter into and execute a contract for such construction, and shall execute and
deliver the Performance Bond and Payment Bond and insurance certificates as required
by said contract, then this obligation shall become null and void; otherwise it shall be
and remain in full farce and effect.
Should it become necessary for the City to institute a lawsuit, or any other legal
proceeding to enforce the terms and conditions of this bond, then all costs of said
proceeding, including attorneys fees, shall be awarded to the prevailing party.
[Remainder of this page has intentionally been left blank
Signature blocks are contained on the next page]
Page F-1
Matich Corporation
IN WITNESS WHEREOF, We hereunto set our Hands and Seals this 1 Bth day
Of May 2011
Contractor's Name: Matich Corporation o
Contractor's Signature: a u- d q.
Title: -Vice President Robert M. Matich
Address: 1596 Harry Sheppard Boulevard, San Bernardino, CA 92408
Telephone: (909) 382-7400
Surety's Name: Safeco Insurance Company of America
Surety's Signature:
Title: Nanette Mariella-Myers, Attorney in Fact
Address: 330 No. Brand Blvd., Suite 500, Glendale, CA 91203
Telephone:
(818) 956-4338
Acknowledgment
State of California )
County of - orange )
On May 18, 2011 before me, Jeri Apodaca
personally appeared Nanette Mariella-Myers
, who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) islare 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 (Seal)
-.__.
JfRI APODACA
Commission * 1904081 L
Page F-2 Notary Public - California
orange County
My Comm. fx ires Oct 12, 2014
Matich Corporation
ACKNOWLEDGMENT
State of California
County of San Bernardino
On '.t, ` f Megan Nadalet, Notary Public
' before me, 9 rY
(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 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.o-eNe..•..+•N•v••N*Ne,•*•eeee.e�
MEGAN NADALET
COMM. #1771699
-s NOTARY PUBLIGCALIFORNIA
Signature (Seal) SAN BERNARDINO COUNTY
My Comm. E Oct 512011 •
-+e e..eeeeeeeeNNeNeNe•e1eNNNeeeZ
• , Matich CorporaUap
I t!�Nutual,
bel"% POWER OF ATTORNEY
KNOW ALL BY THESE PRESENTS:
No. 9675
Safeco Insurance Company of America
General Insurance Company of America
1001 4th Avenue
Suite 1700
Seattle, WA 98154
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a
Washington corporation, does each hereby appoint
**RHONDA C. ABEL; JERI APODACA; LISA K, CRAIL; LINDA ENRIGHT, JANE KEPNER; NANETTE MARIELLA-MYERS;
MIKE PARIZINO; RACHELLE RHEAULT; JAMES A. SCHALLER; Irvine, California***********************************
its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other
documents of a similar character issued in the course of its business, and to bind the respective company thereby.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF
AMERICA have each executed and attested these presents
this
21 st day of March 1 2009
Dexter R. Legg, Secretary Timothy A. Mikolaiewski, Vice President
CERTIFICATE
Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
"Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice
President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as
attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and
other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing
such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or
undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced;
provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking"
Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970.
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(1) The provisions of Article V, Section 13 of the By -Laws, and
(ii) A copy of the power -of -attorney appointment, executed pursuant thereto, and
(iii) Certifying that said power-of-attomey appointment is in full force and effect,
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof."
I, Dexter R. Legg Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY
OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these
corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the
Power of Attorney are still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
this MAY 18 2011 day of
'COW=
SEAL
x i
S-0974/DS 3109
* R, III
Dexter R. Legg, Secretary
WEB PDF
760=341-7098 02:07:11 p.m, 05-19-2011 1 /2
Matich Corporation
CITY OF PALM DESERT
CALIFORNIA
110 4 10111 11 ! •
COOK STREET CIPR PROJECT
PROJECT NO.752-11
CONTRACT NO. C30860
ISSUED May 19, 2011
CITY ENGINEER
IMPORTANT NOTE: RECEIPT OF THIS ADDENDUM MUST BE
ACKNOWLEDGED IN CONTRACTOR'S PROPOSAL
760-341-7098 02:07:21 p.m, 05-19-2011 2i2
Matich Corporation
The City has received written questions. Below are the questions and the
responses.
1. Is it the City's intent to perform CIPR operations in the low water crossing on
Cook Street? If so, is there a minimum of 3" of asphalt In the crossing? Also, if
there is work within the low water crossing is there a CVWD encroachment
permit required, and if so, what is the cost of the permit?
Answer: It is the City's intent to perform the CIPR through the low-water
crossing. The core samples that were taken show a minimum asphalt thickness
greater than three inches. No CVWD permit is required for performing the work.
2. Page 12 of the Special Provisions states that. survey monuments will be located,
marked and referenced by the City's land surveyor. Page 40 states that the
Contractor is responsible for survey. Will the City's Land Surveyor tie out and re-
set all survey monuments within the work area or is this the Contractor's
responsibility? If it is the Contractor's responsibility, how many monuments are
there to tie out and where is this work paid? In addition, Page 13 states that if
there is an existing monument well (handhole frame and cover), the Contractor
shall raise the monument well flush in the new asphalt. How many monument
wells, if any, are anticipated to be raised by the Contractor and where Is the work
paid?
Answer. The City will perform the tie -out and resetting of monuments. The
contractor shall remove the monument wells (handhole frame and cover), and
the work shall be paid for as part of item 3, Lower Manholes and Valves. The
contractor shall show due care in protecting the monuments during the removal
of the monument wells. The monument wells are being abandoned, so no
adjustment is required.
3. Will Southern Califomia Edison, Verizon and the Gas Company lower their own
facilities within the work area?
Answer. The Southern California Edison vaults will be left in place. The
contractor shall lower the Gas Company valve covers. The contractor shall also
adjust the Gas Company valve covers to finish grade after the wearing course is
paved. No concrete collar is required around the Gas Company valve covers.
The adjustment of the Gas Company valve covers shall be paid for as part of
item 3, Lower Manholes and Valves. Verizon Manholes shall be lowered by a
contractor authorized by Verizon to adjust their manholes
4. Page 61 makes reference to the mixing and spreading of cement and lime. is
lime or cement required on this project and if so, what are the requirements?
Answer. Cement and lime are used to accelerate the curing of the emulsion.
With the historical temperatures in this area during the summer, it is unlikely that
lime or cement will be needed on this project.
9
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