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HomeMy WebLinkAboutC34390 - 2016 Street Resurfacing 752-16Contract No. C34390 CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: AWARD CONTRACT NO. C34390 FOR CONSTRUCTION OF THE 2016 STREET RESURFACING PROJECT TO MATICH CORPORATION, INC., OF HIGHLAND, CALIFORNIA, IN THE AMOUNT OF $1,405,010 (PROJECT NO. 752-16) SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works CONTRACTOR: Matich Corporation, Inc. P.O. Box 10 Highland, CA 92346 DATE: July 9, 2015 CONTENTS: Contract Agreement and Bonds Contractor's Proposal Location Map Recommendation By Minute Motion: Award Contract No. C34390 including Bid Alternate #1 for construction of the 2016 Street Resurfacing Project to Matich Corporation, Inc., of Highland, California, in the amount of $1,405,010 (Project No. 752-16); 2. Authorize the Director of Finance to set aside a 10 percent contingency in the amount of $140,501; and 3. Authorize the Mayor to execute the agreement. Funding is available for this project in Account No. 2364311-4332000, Recycling Fund Street Maintenance; Account No. 2134311-4332000, Measure "A" Street Maintenance; and Account No. 2114311-4332000, Gas Tax Fund Street Maintenance. Background This project is part of the annual street resurfacing program. The majority of the project will focus on arterials, including two segments of Portola Avenue between Gerald Ford Drive and Hovley Lane West, and a segment of Country Club Drive between Portola Avenue and Cook Street. This project will be utilizing the Cold In -Place Recycling (CIR) process. The process will construct a new driving surface by recycling the existing asphalt into a base course of asphalt. A final cap of warm -mix asphalt will then be paved to complete the street rehabilitation. Staff Report Award Contract C34390 to Matich Corporation, Inc. (Project 752-16) Page 2 of 2 July 9, 2015 A call for bids for the project was advertised, and on June 23, 2015, sealed bids were opened and read aloud. The following is a summary of the bids received: Contractor Location Bid Amount Matich Corporation Highland, CA $1,365,435 Granite Construction Indio, CA $1,382,520 All American Asphalt Corona, CA $1,581,105 Matich Corporation, Inc., submitted the lowest responsive bid (9 percent less than the engineer's estimate). Per an agreement the City has with CVWD (Contract No. C31910), all paving projects include an alternate bid item to raise the valves and manholes to the new grade on behalf of CVWD. CVWD has the option of accepting the price from the City's contractor and reimbursing the City for the work, or using their own forces to perform the work. CVWD has accepted the price of Bid Alternate #1 given by the contractor for the subject alternate bid item. Therefore, the contract price is increased by $39,575 for the raising of the valves and manholes to grade with the understanding that the funds will be reimbursed at the conclusion of the project. 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. The City will be reimbursed $39,575 by CVWD for work done on their behalf. Prepa)ed By: I Deparobgt Vead: Rvah Gayle r oject/4dyninis for Mark Grlewood, P.E. \ (/ Director f Public Works f. i Paul S. Gibson, g5ir¢ctor of Finance n M. Wohlmuth, City Manager Contract No. C34390 AGREEMENT THIS AGREEMENT is made and entered into this 9th day of Jam, 2015, 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 Bid for the construction of CITY Project, 1. 2016 STREET RESURFACING PROJECT, PROJECT NO. 752-16, CONTRACT NO. C34390, in strict accordance with the Contract Documents identified below, CITY has accepted said Bid. 2. CONTRACTOR states that it has re-examined its CONTRACTOR'S Bid 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 Bid 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 Bid; (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) Any Change Orders issued; (m) Any additional or supplemental specifications, notices, instructions and drawings issued in accordance with the provisions of the Contract Documents (n) The Determination of Prevailing Wage Rates for Public Work. 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. C34390 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 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 Bid 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. C34390 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 workers' 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 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. C34390 CONTRACTOR ACKNOWLEDGMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) ) 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 Contract No. C34390 A - 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: 2016 STREET RESURFACING PROJECT PROJECT NO. 752-16 CONTRACT NO. C34390 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 One Million Four Hundred Five Thousand Ten and no/100 Dollars ($1,405,010.00), 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. C34390 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 PRINCIPAL M. (Signature must be notarized) (Signature must be notarized) INSURANCE COMPANY and/or AGENT ADDRESS TELEPHONE NUMBER SURETY ACKNOWLEDGEMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of ) On before me, 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 Contract No. C34390 PRINCIPAL ACKNOWLEDGEMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On before me, 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 Contract No. C34390 B — 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 July 9, 2015 described as follows: 2016 STREET RESURFACING PROJECT, PROJECT NO. 752-16, CONTRACT NO. C34390, (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 9100 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 payment notices under Section 9100 of the California Civil Code, in the sum of One Million Four Hundred Five Thousand Ten and no/100 Dollars ($1,405,010.00), 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 9100 et seq. 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 payment notices under Section 9100 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Contract No. C34390 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 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 120 PRINCIPAL/CONTRACTOR: (Typed Name of CONTRACTOR) (Signature) (Typed Name and Title) (Signature must be notarized) The rate of premium on this bond is $ SURETY: (Typed Name of Surety) By: (Signature of Attorney -in -Fact) (Typed Name of Attorney -in -Fact) (Signature must be notarized) 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) Contract No. C34390 SURETY ACKNOWLEDGMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of On before me, 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 Contract No. C34390 PRINCIPAL ACKNOWLEDGMENT ,A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document." State of California ) County of ) ME before me, 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 Matich Corporation C - CONTRACTOR'S BID 2016 STREET RESURFACING PROJECT PROJECT NO. 752-16 CONTRACT NO. C34390 TO: CITY OF PALM DESERT, "CITY" DATE: V Vylt �3, "K BIDDER: Matich Corporation "CONTRACTOR" The UNDERSIGNED, "CONTRACTOR", having carefully examined the site and the Contract Documents for the construction of, 2016 STREET RESURFACING PROJECT, PROJECT NO. 752-16, CONTRACT NO. C34390, hereby proposes to construct the work in accordance with the Contract Documents, including Addenda No(s). for the amount stated in this Bid. By submitting this Bid, CONTRACTOR agrees with CITY: 1. That unless withdrawn in person by CONTRACTOR or some person authorized in writing by CONTRACTOR before the time specified in the Notice Inviting Bids for the public opening of bids, this Bid constitutes an irrevocable offer for 60 calendar days after that date. 2. The CITY has the right to reject any or all Bids and to waive any irregularities or informalities contained in a Bid. 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 cost of maintaining or construction alternate facilities occasioned by the failure to execute and deliver said documents. Page C-1 Matich Corporation 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. BASE BID 1 Mobilization LS 1 $/11, ow- $Ilq,(Joo r 2 Traffic Control LS 1 _J $ $ SZ, 000 5210.00" 3 Lower Manholes and Valves - LS 1 $ 32,100 32,100 _ _ 4 Cold Mill - 2" Header Cut SF 77,500 $ Zt 5 Cold Mill - 2' Full Street Width 6 Cold In -Place Recycling - 3" SF SF 253,500 Z,o i 585,500 $ q-L $ _ S3Y', to�v0 - - 7 Warm -Mix Asphalt - 2" overlay SF J .� 1585,500 $503.530 _ �8 Ad —just Storm Drain Manhole to Grade EA 6 9 Traffic Signal Loop Detector EA 75 $ $ 2 Sp 10 Signing and Striping LS 1 $ 2q 50� vi S ---- -- -- _ _. TOTAL BASE BID PRICE $ 13�5-435 al"- - -- 1 —J A-1 I . - - - ..s BSc.. ,,i 2'` - .. -. •2: ,. BID ALTERNATE #1 - CVWD STRUCTURE ADJUSTMENTS - Adjust CVWD Manhole to Grade EA 35 $ $ A-2 'Adjust CVWD Valve to Grade TOTAL ALTERNATE #1 BID PRICE EA 1 55 q 00 -000- 4�os" ! 2s,519 1$ 3q,57s- 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. TOTAL AMOUNT BASE BID IN FIGURES $ ', 3( 5, -35 TOTAL AMOUNT BASE BID IN WORDS OVl-C M4W-00 0WJU jjMq" S10W l'ii► NT111M1 1 M l 1wTow IN WITNESS WHEREOF CONTRACTOR executed this Bid as of date set forth on Page C-1: Signature Mark T. Hickman Title: Vice President _ CONTRACTOR A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Uyk �iQJll 11r(,I��) Subscribed and sworn to (or affirmed) before me on this 'L-�— day of kly"f (month), JAIS (year), by MVVl-t. Kj (,J�Vh ah proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Signature of Notary MEGAN NADALET comm. #1951226 J NOTARY PUBLIC - CA;JPORNIA 5AN BERNARDINO COUNTY KAy Comm. Expires Oct. 5. 2015 Page C-3 Matich Corporation D - INFORMATION REQUIRED OF BIDDER TO ACCOMPANY BID The bidder is required to supply the following information. Additional sheets may be attached if necessary. (1) Company Name mancn uuMurauun (2) Address 1596 Harry Sheppard Blvd. San Bemardino, CA 92408 (3) Telephone No. 909 382-7400 (4) Type of Firm (Individual, Partnership or Corporation) Corporation (5) Corporation organized under the laws of the State of California (6) Contractor's License No. 149783 Exp. Date 11-30-15 (7) Department of Industrial Relations Contractor Registration number: 1000004260 (8) 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 (9) Number of years' experience as a Contractor in construction work q1 (10) List at least three similar projects completed recently: Contract Amount Class of Work ' Date Completed Name, Address & Telephone No. of Owner 1. See Attached 2. 3. Page D-1 Matich Corporatiarl CORPORATE RESOLUTION At a meeting of the Board of Directors of MATICI-I CORPORATION, a California Corporation duly called and held on the 1 1th day of Nlarch, 2014, a quonim 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 SECRF I'ARY Randall S. Valadez VICE PRESIDENT — ENGINEERING Robert NR. Matich VICE PRESIDENT — ESTIMATING Mark T. Hickman FURTHER RESOLVED, that the above listed Corporate Officers are duly authorized to siy7n documents (bids, contracts, etc.) as may be necessary on behalf of MATICH CORPORATION I, Randall S. Valadez, Secretary of MATICH CORPORATION have compared the foregoin- RESOLUTION with original thereof, as it appears on the records ofthe Board of Directors of said company, and do so certif,, that the same is a true and correct transcript there from, and of the whole said original RESOLUTION. 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 m� March. 2014. hand as such Secretary this 11 th da- of Randall S. Valadez. Sec(e�,r% Mauch Corporation Matich Corporation Recent Projects: PARIS 2013 Resurfacing Project (35-566) Description: Pavement Rehabilitation Contract Number: 41056 Agency: City of Redlands, 35 Cajon Street, Redlands, Ca 92373 Contact: Goutam Dobey, 909-798-7584 Contract Amount: $13,210,000.00 Completion: February 2015 Route 62 in Joshua Tree Description: Pavement Rehabilitation Contract Number: 08-491804 Agency: State of Ca, Department of Transportation, 464 W. 41h Street, San Bernardino, Ca Contact: Amgad Benjamin, 909-801-5564 Contract Amount: $10,560,000.00 Completion: October 2014 Big Bear Village Improvements Description: Street and Sidewalk Improvements Agency: City of Big Bear Lake, 39707 Big Bear Lake Blvd, Big Bear Lake, Ca Contact: Joe Cylwick, 909-866-5831 Contract Amount: $5,409,000.00 Completion: December 2013 Highway 111 Resurfacing Description: Roadway Resurfacing Contract Number: C31810 Agency: City of Palm Desert, 73-510 Fred Waring Drive, Palm Desert, Ca Contact: Ryan Gaylor, 760-346-0611 Contract Amount: $3,218,000.00 Completion: October 2013 Highway 111 Description: Pavement Rehabilitation Contract Number: 08-OP9404 Agency: State of Ca, Department of Transportation, 464 W. 41h Street, San Bernardino, Ca Contact: John Santos, 951-538-5315 Contract Amount: $3,409,000.00 Completion: September 2012 Matich Corporation (11) 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. Failure to include the subcontractor's DIR registration number may result in the bid being reiected as non -responsive. Subcontractor's Name: V06 Viil0tif-d N41Sy !!t no` , Ivt.t; . License Number: R3S IM DIR Contractor Registration No. 10000042%(o Business Address: 13TO IF t t- l9�" Sfi�-eP�C. Suiil WO, C.Oroyld, Co. ci2.t Telephone: (°l 50 21`I - kpw q Work Description: �,d VEk Mav% n%tVtb tya1v44 Percent of Work: 5.7AT Subcontractor's Name: ?4VeMCVKt QOCAI"!M S je,Wti9 License Number: 5tor13S2 DIR Contractor Registration No. 10000O331p3 Business Address: to240 Sah 9eVd4P10_ y" , Jvr!AfGt VAJtnf, CA qI I5 Z- Telephone: tgso l�gZ —loq 1 Work Description: Gold K Ik 4 Cold tvx r[ut Mott Percent of Work: 38.417- Subcontractor's Name: Syw *fOYl EICCY1'6 License Number: (p I9519 DIR Contractor Registration No. 1000001WO Business Address: N3 9 U . VAKIIA AAKW , OvasIgt , CG Telephone: (119) nli-Ic'SIP Work Description: 1'r0.-R c tU* Percent of Work: 2 S % (12) List the nam firm (� (13) (14) cted the site of the proposed work for your 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. Contractor hereby swears under penalty of perjury that this information provided is true and correct. 'e-0, 2. Title:_Vice President _ Signature Mark T. Hickman Contractor Page D-2 Matich Corporation (11) 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. Failure to include the subcontractor's DIR registration number may result in the bid bein_g rejected as non -responsive. Subcontractor's Name: Cw� License Number: to $M"I DIR Contractor Registration No. I OuO0011 Ob Business Address: U'10 E. �JtP/I Cq Telephone: 0 oII) ft4 117b Work Description: Stq)21'tIR Percent of Work: IA Subcontractor's Name: License Number: DIR Contractor Registration No. Business Address: Telephone: Work Description: Percent of Work: Subcontractor's Name: License Number: DIR Contractor Registration No. Business Address: Telephone: Work Description: Percent of Work: (12) List the name of the person who inspected the site of the proposed work for your firm wq KI(,I�rnah (13) 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. (14) Contractor hereby swears under penalty of perjury that this information provided is true and correct. 1� Vice President By. Title: Signature Mark T. Hickman Contractor Page D-2 Matich Corporation E NONCOLLUSION DECLARATION To be Executed by Bidder and Submitted with Bid The undersigned declares: I am the Vice President of Matirh Cn=ratinn 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 VUY1�, �3 201� , at %,Y► RVV140t CO.f oYMA City State By: Mark T. Hickman Signature Title: We President CONTRACTOR Page E-1 ., ,,!ich Corporation F -- BIDDER'S BOND To Accompany Bid KNOW ALL MEN BY THESE PRESENTS, That we, Matich Corporation as principal, and Liberty Mutual Insurance Company as surety, are held and firm) bound unto the City of Palm Desert in the sum of $ r°tai A imin[ H' �" ° y y � (10 /o 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 bid of the above bounden principal to perform certain work described as follows: 2016 STREET RESURFACING PROJECT PROJECT NO. 752-16 CONTRACT NO. C34390 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 June 23, 2015 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 1atich Corporation IN WITNESS WHEREOF, We hereunto set our Hands and Seals this 16th day of June 2015 Contractor's Name: Matich Corporation Contractor's Signature: Mark T. Hickman Must be Notarized Title: Vice President Address: 1596 Harry Shepard Blvd., San Bernardino, CA 92408 Telephone: (909) 382-7400 Surety's Name: Liberty Mutual Insurance Company Surety's Signature: Ileather Saltarel I i Muke Notarized Title: Attorney-in-1 act Address: 790 The City Drive South, Suite 200, Orange. CA 92868 Telephone: (714) 634-5719 Page F-2 Matich Corporation ACKNOWLEDGMENT State of California County of San Bernardino ) On Ny%t 'v3, r1before me, Megan Nadalet, Notary Public (insert name and title of the officer) personally appeared Mark T. Hickman 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. MEGAN NADALET COMM. #1951226 NOTARY PUBLIC - CALIFORNIA N SAN BERNARDINO COUNTY MY Comm. Exp res Oct. 5. 2015 Signature (Seal) Matich Corporation Acknowledgment A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange On June 16, 2015 before me, Jeri Apodaca. Attorney -in -fact personally appeared I leather Saltarelli , who proved to me on the basis of satisfactory evidence to be the person(g) whose name() is/XX subscribed to the within instrument and acknowledged to me that fx/she/tom( executed the same in Wher/tMY authorized capacity(N,V, and that by hip/her/tVir signature(K) on the instrument the person(, or the entity upon behalf of which the person(K) acted, executed the instrument. 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 n JERI APODACA Commission # 2081689 Notary Public - California Orange County Acknowledgment My Comm. Ires Oct 12, 2018 A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) ) County of _ ) On before me, 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. Signature WITNESS my hand and official seal, Page F-3 M tich QOrp4.ratiran T"rIIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 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 herein stated. Certificate No. e889`)4 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and WestAmerican Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Heather Saltarelli; James A. Schaller; Jeri Apodaca; Kim Luu; Michael D. Parizino; Rachelle Rheault; Rhonda C. Abel all of the city of Newport Beach , state of CA 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 pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 2nd day of March 2015 American Fire and Casualty Company The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West American Insurance Company By: -- STATE OF PENNSYLVANIA ss David M. Coe , Assistant Secretary COUNTY OFMONTGOMERY On this 2nd day of March 2015 , before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting. Pennsylvania, on the day and year first above written. °_� Teresa Pastella , Notary Public This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of American Fire and Casualty Company. The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: 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 limitation as the Chairman or the President may prescribe. shall appoint such attorneys 'n-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 execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII — Execution of Contracts — SECTION 5. Surety Bonds and Undertakings. Any officer of the Company 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 attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute. seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company. authorizes David M. Carey, Assistant Secretary to appoint such attomeys-in- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attomey 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. I, Gregory W. Davenport, the undersigned. Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attomey executed by said Companies. is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of J U N 16 2015 20 By !� Gregory W. Davenport, Assistant Secretary ca C O V N >' d W Lc-C E 0a Q M O� L. 0 3M OE aM N o to �+ Q1 O C _Ad d >X11 dCD w � E M C 00 V� H� CMS 12873 122013 908 of 1000 0