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C31430 Summit Resurfacing 752-12C
Contract No. C31430 CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: AWARD CONTRACT NO. C31430 FOR CONSTRUCTION OF THE SUMMIT RESURFACING PROJECT TO MATICH CORPORATION OF HIGHLAND, CALIFORNIA, IN THE AMOUNT OF $668,000 (PROJECT NO. 752-12C) SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works CONTRACTOR: Matich Corporation P.O. Box 10 San Bernardino, CA 92346 _DATE: March 22, 2012 CONTENTS: Contract Agreement and Bonds Contractor's Proposal List of Locations Location Map Recommendation By Minute Motion: 1. Award Contract No. C31430 for Construction of the Summit Resurfacing Project to Matich Corporation of Highland, California, in the amount of $668,000 (Project No. 752-12C); 2. Authorize the Director of Finance to set aside a 10 percent contingency in the amount of $66,800; 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. (C31430A, C31430B, C31430C,etc) Funding is available for this project in the Measure "A" Street Maintenance Account: 213-4311-433-3320. Background The Summit 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 C31430 to Matich Corporation (Project 752-12C) July 14, 2011 Page 2 of 2 The project was advertised and contractors were encouraged to submit bids. Four contractors submitted bids at the March 5, 2012 bid opening. The results are as follows: Contractor Location Bid Amount Matich Corporation San Bernardino, CA $604,000 Hardy and Harper, Inc. Santa Ana, CA $616,000 Skanska Riverside, CA $677,500 Granite Construction Indio, CA $808,808 Matich Corporation submitted the lowest responsive bid (approximately 15 percent lower than the engineer's 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 $64,000 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 for 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 $668,000. 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 contract amount. Prepgrgd By: ayI , Pk0ject Administrator Paul S. Gibson, Director of Finance Approval: Jq'hln M. Wohlmuth, City Manager Departme,pt yie Mark Grf en ood, P.E' Directorlof Public Works CITY COUNCIL A9PION APPROVED ✓✓ DENiF,D RECEIVED OTHER MEET GDAT+ /// AYE NOES: ABSENT: ABSTAIN: VERIFIED BY: Original on File with City Oirk's Office Contract No. C31430 AGREEMENT THIS AGREEMENT is made and entered into this 22nd day of March, 2012, by and between City of Palm Desert, California, hereafter called "CITY" and Matich Corporation, Inc. hereinafter called "CONTRACTOR". WITNESSETH RR-ITAI R- CONTRACTOR has submitted to CITY its Contractor's Proposal for the construction of CITY Project, 1. SUMMIT RESURFACING PROJECT, PROJECT NO. 752-12C, CONTRACT NO. C31430, 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 Nos. 1 and 2; (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 Contract No. C31430 and will complete said work within 30 Calendar Days from the Notice to Proceed date to the satisfaction of the Engineer. 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 Contract No. C31430 payment from the above referenced time frame may occur only for good cause following written approval of the City of Palm Desert. 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: TITLE: CITY: BY: Signature to be notarized 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. C31430 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 , 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. C31430 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has awarded to Matich Corporation, Inc. hereinafter designated as the "Principal", a contract for: SUMMIT RESURFACING PROJECT PROJECT NO. 752-12C CONTRACT NO. C31430 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, Inc. 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 Six -Hundred Sixty -Eight Thousand and no cents Dollars ($668,000.00), 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. Page A-1 Contract No. C31430 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 INSURANCE COMPANY and/or AGENT ADDRESS TELEPHONE NUMBER State of California ) County of ) On personally appeared before me, PRINCIPAL M , 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) Page A-2 Contract No. C31430 A - 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, Inc. (hereinafter designated as the "CONTRACTOR"), an agreement dated March 22, 2012 described as follows: SUMMIT RESURFACING PROJECT, PROJECT NO. 752-12C, CONTRACT NO. C31430, (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, Inc. 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 Six -Hundred Sixty -Eight Thousand and no cents Dollars ($668,000.00), 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 Page 3 Contract No. C31430 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) (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). per thousand. 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) Page 4 Contract No. C31430 State of California County of On personally appeared Acknowledgment before me, , 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) Page 5 Mauch Corporation C - CONTRACTOR'S PROPOSAL SUMMIT RESURFACING PROJECT PROJECT NO. 752-12C CONTRACT NO. C31430 TO: CITY OF PALM DESERT, "CITY" DATE: M BIDDER: Matich Corporation "CONTRACTOR" The UNDERSIGNED, "CONTRACTOR", having carefully examined the site and the Contract Documents for the construction of, SUMMIT RESURFACING PROJECT, PROJECT NO. 752-12C, CONTRACT NO. C31430, 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 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. .v .q41, .-, c4✓%Y" a„^� � 7S✓ .3 Y +,. .f-} i � �� +., YYY 4 "8l'4 1. Mobilization LS 1 $�17� 3. Lower Manholes and Valves LS 1 4. Full Depth Asphalt Removal SF 325,000 $7 Cold Central Plant Recycling SF 325,000 $ $ 5. (CCPR) — 2.5" minimum (S) 6. Warm Mix Asphalt Overlay — 1.25" SF 325,000 $ ��3 $7�L� 7. Signing and Striping LS 1 $ . $ $ TOTAL BID PRICE $ =. 6P C: �% p 00 r i ne iow-ova amount will be determined by the lowest sum total of the base bid items, excluding the alternate item. 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. OV TOTAL AMOUNT BASE BID IN FIGURES $ (© OQ TOTAL AMOUNT BASE BID IN WORDS Sl X' / �7c2&AlL! r1 �C�C4A2 !Y 3 D >S IN WITNESS WHEREOF CONTRACTOR executed this proposal as of date set forth on Page C-1: Signature Robert M. Matich Title: Vice President CONTRACTOR State of California ) County of Vw Subscribed and sworn to (or affirmed) before me on this day of �tl�t kI (month), °1 (year), by 9%YIl✓V-t 1 � proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Signature of Notary k ) a (Seal of Notary) MEGAN NADALET co COMM. #1951226 � NOTARY PUBLIC - CALIFORNIA SAN BERNARDINO COUNTY My Comm. Expires OCi. 5, 2015 Page C-3 Matich Corporation ACKNOWLEDGMENT State of California County of San Bernardino ) On MAR 0 5 2012 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 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° w• � ~MEAN NADAL5 j COMM, #1951226 NOTARY PUBLIC • CALIFORNIA ra (Seal) &AN BERNARDINO COUNTY My Comm. Expires pet. 5, 2015 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 1896 Harry Sheppard Blvd. San Bemardino, CA 92408 (2) Telephone No. 909 S82-7400 (3) (4) Type of Firm (Individual, Partnership or Corporation) Corporation Corporation organized under the laws of the State of Caldornia (5) Contractor's License No. 149M Exp. Date 11-30-13 Contractor hereby swears under penalty of perjury that this information provided is true and correct. By: i�Z;e- Title: Vice Presider"t 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 Attachod Corporate Resolution (7) Number of years' experience as a Contractor in construction work ILA (8) List at least three similar projects completed recently: Contract Amount Class of Work Date Completed Name, Address & Tele hone No. of Owner 1. l L,/CrU� 2. CiGL� fG 5 7 . ,G �E'eL 7� 3. lG 1fx="x;) ce- P R-- G': r`7 y oy Z`)/ U 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 1596 HARRY SHEPHARD BLVD, SAN BERNARDINO • TELEPHONE (909) 382-7400 • FAX (909) 382-0113 www.matichcorp.com Matich Corporation, (9) Pursuant to California Public Contracting Code, Section 4100 et. Seq., the following list gives the name business address, and portion of work (description of work to be done) for each subcontractor that will be used in the work if the bidder is awarded the Contract, (Additional supporting data may be attached to this page. Each page shall be sequentially numbered, and headed "Proposed Contractors" and shall be signed.) The Bidder shall list all subcontractors who will perform work or labor or render service to the prime contractor in excess of one-half of one percent of the prime's bid. Subcontractor's Name: /"- License Number: �Z_ Business Address: .I'/, x C- � Telephone: GSJ %' � Z, l / Work Description: L (ff' / Percent of Work: 11sro Subcontractor's Name: CA c_ License Number: 6 E S 3 5 i Business Address: 5.4.E r Telephone: ? 7Z,7' Work Description: -a IWAOe-IlfGS Percent of Work - Subcontractor's Name: License Number: Business Address: Telephone: Work Description: Percent of Work: Matich Corporation Name of Bidder Signature of Bidder Robert M. Matich Vice President (10) List the name of the person who inspected the site of the proposed work for your firm 'IV- r ,K4-r?cly (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 Matich Corporation E — NON -COLLUSION DECLARATION To be Executed by Bidder and Submitted with Bid The undersigned declares: I am the Vice President of Matich Corporation the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. 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. All statements contained in the bid are true. 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, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on te�ttii"i 1'� 20at San Bernardino California City State Signature Title: Robert M. Matich Vice President CONTRACTOR Sce 'kotcvla "t�O'A IQd nam Page E-1 Matich Corporation ACKNOWLEDGMENT State of California County of San Bernardino On MAR 0 5 2012 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 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. SignatureA M N DALET COMM. #1951228 E NOTARY PUBLIC • CALIFORNIA SAN BERNARDINO COUNTY My Comm. Expires Oct. 5, 2075 (Seal) Matich COTOration i 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 the Total * (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. •Amount Bid THE CONDITION OF THIS OBLIGATION IS SUCH, that if the certain proposal of the above bounden principal to perform certain work described as follows: SUMMIT RESURFACING PROJECT Project No.752-12C Contract No. C31430 The general items of work to be done hereunder consist of: Mobilization, Cold Milling Asphalt, Cold Central Plant Recycling, Asphalt Paving, Adjusting Manhole and Valve Frames and Covers, Striping, Traffic Control, and other duties necessary for full execution of the project, and dated March 5, 2012 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 force 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 attorney's 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 27th of _ February 2012 Contractor's Name: MATICH CORPORATION Contractor's Signature: � '�'' ` ,4 -Z Title: Vice President Robert M. Matich Address. 1596 Harry Sheppard Blvd., San Bernardino, CA 92408 Telephone: 909 382-7428 day Surety's Name: Safeco Insurance Company of America 7 Surety's Signature: tA- a e yers -- Title: Attorney -in -Fact Address: 330 N. Brand Blvd., Suite 500 Glendale, CA 91203 Telephone: 818 956-4338 Acknowledgment State of California ) ) County of Orange ) On February 27, 2012 before me, K. Luu, Notary Public personally appeared Nanette Myers , who proved to me on the basis of satisfactory evidence to be the person(g) whose name(d) is/aM subscribed to the within instrument and acknowledged to me that Mb/she/1N* executed the same in hW/her/Mlt authorized capacity(lft), and that by M/her/tWAlt signature(A) on the instrument the person(g), or the entity upon behalf of which the person(t) 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) Page F-2 yI;i;; Commission # 1955906 Z . `� Notary Public - California i Orange County My Comm. Expires Nov 6, 2015 Matich Corporatim ACKNOWLEDGMENT State of California County of San Bernardino On MAR 0 5 2012 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 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) Matich Corporatinr� CALIFORNIA•ACKNOWLEDGMENT s�Sc1..,.1C�'�n�!-�C!=�S..q. � � ��. • =1 o�i cLC,:'�.' %�>�'�'f7..v��4�i.,�aS� >�" =ai �C.!-.s..a>.35...�a5.,.3C,�.<ti. State of California County of Orange On FEB 2 7 2012 before me, K. Luu, Notary Public Date Here Insert Name and Title of the Officer personally appeared Nanette Myers Names) of Signers) K.LUU ' Commission # 1 a : � �, 955906 z ^.Y Notary Public - California z Mz �� a orange County D V Comm. Expires 6, 2015 who proved to me on the basis of satisfactory evidence to be the person(S) whose name($) is/;00 subscribed to the within instrument and acknowledged to me that Me/she/ttYb' executed the same in Yes/her/WAit authorized capacity(X&), and that by ffig/her/ftf signature(6) on the instrument the person(b), or the entity upon behalf of which the person($) 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. Place Notary Seal Above Signature Signature of Notary Public OPTIONAL Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ■ ■ ■ ■ Corporate Officer — Title(s): — Partner — ❑ Limited ❑ General Attorney in Fact Trustee Guardian or Conservator ❑ Other: Signer Is Representing RIGHTTHUMBPRINT OF SIGNER Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: �:v.�.:C✓s'✓:C✓;Gv:�;:L.'+'�.%C✓..-:r;v:C✓.<�✓:� v:'✓'.C':,:C✓,.C✓:i�:C✓S� .�;.. ;'�dilur i uorporatiort THIS POWER OF ATTORNEY I�NOT%ALT� U�hiL���fi�' 1�'Ti�li��5 •UA6: -____ _-______ 471 g301 This mower 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 herein 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'), 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, KIM LUU, ALL OFTHE CITY OF NEWPORT BEACH, STATEOF 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 00/100*************************** 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 20th dayof July 2011 SAFECO INSURANCE COMPANY OF AMERICA 54 .w�f { By v ,,.... David M. Carey, A966tant Secretary COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF MONTGOMERY On this 20th day of July 2011 before me, a Notary Public, personally came David M. Carey, 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 WHERE O ,avet'"tNebu subscribed my name and affixed my notarial seal at Plymouth Meetin , Pennsylvania, on the day and year first above written. , toNwi, 11 t u T Or ' Xf 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. CERTIFICATE e r a B ° ^ Tere Pastella, Notary Public 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 suretERE y bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. p IN TESTIMONY WHEREOF, I have hereunto subscribed my name affixed the corporate seal of the said company, it MY" � � $0�2 day of �� ,t'' Gregory W. Davenport, Vice President 760-341-7098 ividuc ri uorporavon 10:49:17a.m. 02-27-2012 1/3 CITY OF PALM DESERT CALIFORNIA ADDENDUM NO. 1 Summit Resurfacing Project PROJECT NO.752-12C CONTRACT NO. C31430 ISSUED February 24, 2012 BO CHEN, P.E. CITY ENGINEER IMPORTANT NOTE: RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED IN CONTRACTOR'S PROPOSAL Matich Corporation 760-341-7098 10:49:29 a.m. 02-27-2012 2 /3 The City has received a written question. Below are the question and the response. 1. Has the City identified any locations for the Cold Central Plant and stockpiles? The City has Identified a City -awned lot on the west side of the Palm Valley Channel, for use in this project. The contractor must only utilize City of Palm Desert property for the cold central plant. operation. The contractor will be required to obtain an encroachment permit from Coachella Valley Water District to use the haul route that crosses CVWD property. The contractor will be required to submit a haul -route plan to the City for approval. The contractor will be required to completely remove any grindings and seal the lot after construction operations are concluded. See the attached map for the Cold Central Plant location. matich Corporation 760-341-7098 04:50:02 p.m. 02-29-2012 1/3 CITY OF PALM DESERT CALIFORNIA ADDENDUM NO.2 Summit Resurfacing Project PROJECT NO.752-12C CONTRACT NO. C31430 ISSUED February 29, 2012 4 BO CHEN, P.E. CITY ENGINEER IMPORTANT NOTE: RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED IN CONTRACTOR'S PROPOSAL 760-341-7098 vlatich Corporation 04:50:14 p.m. 02-29-2012 2 /3 The City has received written questions. Below are the questions and the responses. 1. Section 1.27 talks about other contractors or utility companies working in the area. What additional work does the City anticipate in the area? It is expected that Coachella Valley Water District will be upgrading water lines in advance of the project. If their work schedule runs longer than anticipated, the contractor must coordinate with CVWD on the project. 2. For Item A-1, does the quantity include storm drain manholes, or is it just CVWD manholes? No City -owned manholes were found when quantities were being calculated. The quantity includes only CVWD manholes. 3. For Item A 2, does the valve cover quantity Include gas valves or only CVWD valves? if gas valves are not included, how will they be paid for? The quantity for A-2 includes only CVWD valve covers. The cost for any gas valve coves being raised to grade shall be included in line item 3: Lower Manholes and Valves. 4. Section 2.4 In the spec says that "if the existing asphalt is less than 2.5 Inches the contractor shall remove asphalt and base or native soil to a depth of 2.5 inches". If the asphalt is greater than 2.5 inches, is all the asphalt removed and incorporated into the CCPR? If more than 2.5 inches is removed how is the additional removal amount paid for? The intent of the project is that all the asphalt is removed and the streets are paved back with at least the same thickness of CCPR mix. The CCPR process Is paid for at the square foot price regardless of depth. 5. If the existing asphalt Is less than 2.5 Inches, does the CCPR section remain 2.5 Inches? If so, should more material from outside the jobsite be figured to make up the difference? The CCPR section shall remain a minimum of 2.5 inches. S. Has coring been done to determine the existing asphalt depth? No coring has been done by the City. The average asphalt thickness is not known. Contractors may take core samples to determine existing thickness. fWailUrl UOrparation 760-341-7098 04:50:32 p.m. 02-29-2012 3 /3 7. Has the City allowed time for the CCPR mix design in the 30-day contract time? No. Contract days will start when the contractor mobilizes to lower manholes and valves. 8. Will the City replace the monuments destroyed in the asphalt -removal process? Yes. Any monuments in the project area will be properly replaced by the City. RESURFACING STREETS AND LIMITS Crestview Drive — entire street Sundown Lane — entire street Sun Valley Lane — entire street Opal Drive — entire street Theodora Lane — entire street Summit View Drive — entire street Greenbriar Lane — entire street Valley View Drive — entire street Spyglass Lane — entire street Olympic Drive — entire street North View Drive — entire street Quail Hollow Drive — entire street Shady View Drive — entire street Vista Viejo Drive — entire street UPPER WAY WE,gr OR k WR / cli RIM DR CANYON LN LJ J CR�sT lNl� o° M lFr �lj)pl N� 004t, `0 � FRs�rOR RYyVALE / WA �D, D xl m mm 'I,_ —�i1C�/. 0�g IL 3: Z- w 4 pL W _J_ G HILLS WAY T. t I I I I I I I I I L I I I I I I I 1aI BEL AIR RD HOMESTEAD RD DR MESA VIEW d LAKE. 752-12C +/- 312,458 SOJT DAVIS RD �-- W CAM AN ITA CIR �I S ALAN CIR WHITE DR DR CREST CT CLAY CT ji 3� T GRASS CT LQFB El8 PUl " Qe B EV u R JCL] 9 mm ct CARRIAGE TRL --1 i ►�4CALLE a DE LA SILL M 1 I'm ER CT e VICINITY MAP -4 k;- ta 4k� N