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HomeMy WebLinkAboutC33660 - 2015 St Resurfacing Prjct 752-15W DR w >- wt• w z 2 rII 11111� HOVLEY-LN W II II rr )I1 It COUNTRY CLUB DRgimoms HOVLEY L'N'E 1- N II1iii r.=, —MAGNESIA FALLS DR MI mr EV 1w, > < Eli �� > w >_ 0 ana>< 11= ��wCO w Q ' Of ram o ci. 4111110re �dH ii!idtVIiiu&1 Ma EL PASEO ali°dd ;" 1 47(. AIN DR" i = O i,D. /.:°UNT 0 ...,, _ FAIRWAY -DR 1 I GRAPEVINE-ST i� _� n z_ O z I V� a ws w 0 FRED-WARING DR 752-15 2015 STREET RESURFACING PROJECT VICINITY MAP Contract No. C33660 CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: AWARD CONTRACT NO. C33660 FOR CONSTRUCTION OF THE 2015 STREET RESURFACING PROJECT TO MATICH CORPORATION, INC., OF HIGHLAND, CALIFORNIA, IN THE AMOUNT OF $2,993,000 (PROJECT NO. 752-15) SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works CONTRACTOR: Matich Corporation, Inc. P.O. Box 10 Highland, CA 92346 DATE: July 10, 2014 CONTENTS: Contract Agreement and Bonds Contractor's Proposal Location Map Recommendation By Minute Motion: 1. Waive bid irregularity; 2. Award Contract No. C33660 including Bid Alternate #1 for construction of the 2015 Street Resurfacing Project to Matich Corporation, Inc., of Highland, California, in the amount of $2,993,000 (Project No. 752-15); 3. Authorize the Director of Finance to set aside a 10 percent contingency in the amount of$299,300; and 4. Authorize the Mayor to execute agreement. Funding is available for this project in the General Fund Street Maintenance Account: 110-4311-433-3320, Recycling Fund Street Maintenance Account: 236-4311-433-3320, the Measure "A" Street Maintenance Account: 213-4311-433-3320, and the Gas Tax Fund Street Maintenance Account: 211-4311-433-3320. Staff Repo� Award Contract C33660 to Matich Corp. (Project 752-15) Page 2 of 3 July 10, 2014 Strateqic Plan Oblective The proposed action will further the goals of the strategic plan by providing a high quality, cost-effective method of maintaining the transportation system. The paving system used to rehabilitate the streets recycles the existing asphalt into a base course on site, significantly reducing the use of non-renewable resources such as mined aggregates, and fossil fuels. Backqround As part of the annual street resurfacing program, the neighborhood south of EI Paseo between Portola Avenue and Monterey Avenue will be resurfaced. Additionally, the project will resurface portions of Country Club Drive, Hovley Lane East, and other streets that have exceeded their useful life. 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. A call for bids for the revised project was advertised, and on June 27, 2014, sealed bids were opened and read aloud. The following is a summary of the bids received: Contractor Location Bid Amount Matich Corporation Highland, CA $2,858,650 Granite Construction Indio, CA $2,947,520 Hardy and Harper Santa Ana, CA $3,210.000 Matich Corporation submitted the lowest responsive bid (2 percent higher than the engineer's estimate). The project is scheduled to be constructed from late August to early October. Upon reviewing the proposal submitted by the apparent low bidder, an irregularity was found. The contractor included the cost of the alternate bid on a line where only the base bid is requested. The correct information is clearly discernable from the line item bid sheet. The City Attorney indicated that the error is immaterial and the irregularity may be waived. 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 Matich Corporation for the subject alternate bid item. Therefore, the contract price is increased by $134,350 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. Staff Report Award Contract C33660 to Matich Corp. (Project 752-15) Page 3 of 3 July 10, 2014 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 $134,350 by CVWD for work done on their behalf. � P p red By.� Depart nt ead: Rya Gayler, ' c dministrator Mark Gree ood, P.E. Director of Public Works �' � CiTY COUNCILA�TION APPROVED � DENiED � � � EIVED OTHER_..r.—.-- �C Paul S. Gi on, Director of Finance Mi;ETING DATE �> "_�n� G Approval: AYTS: � r-) � � k �� ���jl '� NOES: ` ? � ,. � �'� ABSENT: ', ,� P�� ������--� Al3STAIN: M. Wohlmuth, City Manager VT,RtFITD 13Y: �- ��! f� Original on File with City C rk's Office J� � CONTRACT N0. C33660 AGREEMENT THIS AGREEMENT is made and entered into this 10'h day of J�, 2014, by and between City of Palm Desert, California, hereafter called "CITY" and Matich Corporation, Inc. hereinafter called "CONTRACTOR". WITNESSETH RECITALS: CONTRACTOR has submitted to CITY its Contractor's Bid for the construction of CITY Project, 1. 2015 STREET RESURFACING PROJECT, PROJECT NO. 752-15, CONTRACT NO. C33660, 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; (fl The Performance Bond; (g) The Payment Bond; (h) The General Specifications; (i) The Special Provisions; (j) The Standard Specifications as modified in other portions of the Contract Documents; (k) The Plans; (I) Addenda No. 1; (m) Any Change Orders issued; (n) Any additional or supplemental specifications, notices, instructions and drawings issued in accordance with the provisions of the Contract Documents (o) 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 45 Calendar Days from the Notice to Proceed date to the satisfaction of the Engineer. CONTRACT N0. C33660 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 attomey'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 N0. C3CCiIb60 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: ATTEST BY: Signature to be notarized TITLE: TITLE: CITY: BY: ATTEST BY: TITLE: Mavor of Palm Desert, CA TITLE: City Clerk of Palm Desert, CA APPROVED AS TO CONTENT: APPROVED AS TO FORM: MARK GREENWOOD, P.E. DAVID J. ERWIN DIRECTOR OF PUBLIC WORKS CITY ATTORNEY 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 (seal) 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: 2015 STREET RESURFACING PROJECT PROJECT NO. 752-15 CONTRACT NO. C33660 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 Two Million Nine Hundred Ninety-three Thousand and no cents Dollars ($2,993,000), 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 ar 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. 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 BY: BY: INSURANCE COMPANY and/or AGENT ADDRESS TELEPHONE NUMBER State of California ) ) County of ) �n before me, personally appeared , who proved to me on the basis of satisfactory evidence to be the persan(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) 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 July 10, 2014 described as follows: 2015 STREET RESURFACING PROJECT, PROJECT NO. 752-15, CONTRACT NO. C33660, (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, 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 payment notices under Section 9100 of the California Civil Code, in the sum of Two Million Nine Hundred Ninety-three Thousand and no cents Dollars ($2,993,000), 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 CC)NTRAGTOR 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. 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 , 20 PRINCIPAL/CONTRACTOR: SURETY: (Typed Name of CONTRACTOR) (Typed Name of Surety) By: By: (Signature) (Signature of Attorney-in-Fact) (Typed Name and Title) (Typed Name of Attorney-in-Fact) The rate of premium on this bond is $ per thousand. The total amount of premium charged: $ (the above must be filled in by corporate surety). IMPORTANT: Surety companies executing bonds must possess a certificate of authority from the California lnsurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California lnsurance 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) Acknowledgment 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 (Seal) Matich Corporation C — CONTRACTOR'S BID 2015 STREET RESURFACING PROJECT PROJECT NO. 752-15 CONTRACT NO. C33660 TO: CITY OF PAI.M DESERT, "CtTY" DATE: _��IVY�� ��� 1.�0�� BIDDER: Nlatich Corporation "CONTRACTOR° The UNDERSIGNED, °CONTRACTORn, having carefully examined the site and the Contract Documents for the construction of, 2015 STREET RESURFACING PROJECT, PROJECT P10. 752-15, CONTRACT NO. C33660, hereby proposes to construct the work in accordance with the Contract Documerrts, inciuding Addenda No(s). � for the amount stated in this Bid. By submitting this Bid� CONTRACTOR agrees with CRY: 1. That unless withdrawn in person by CONTRACTOR or some person authorized in writing by CONTRACTOR before the time speafied in the Notice inviting Bids for the public opening of bids, this Bid constitutes an irrevocabie offer for 60 calendar days after that date. 2. The CITY has the right to reject any or alt Bids and to waive any irregularities or informalities contained in a Bid. 3. That the coMract shall be awarded only by t�e goveming body of CITY. Said coritract shap only be deemed awarded after the CONTRACTOR'S complete submission of all contract documents, bonds, insuranc:e documerrtation, and the CITY shall obtain all necessary signatures of the goveming body, at which time the corrtrad shaN be deemed awarded. 4. To submit to CITY such information as CITY may require to detecmir� the Bidder's financial standing experience and to perform the work. 5. That the acxompanying certified or cashie�'s chedc or Bid Bond constitutes a guararrtee that if awarded the contrad, CONTRACTOR will execute the Agreemerrt 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 casts of the resultaM damages to CITY, induding but not limited to public�tion costs, the difference in money between #he amount bid and the amount in excess of the bid which costs CITY to do or cause to be done the work invdved, lease and rental costs, additiona! salaries and overhead, increased interest and costs of funding the projec�, attaney expense, additional engine�ing and architectural expense and cost of mairrtaining or construction altemate faalibes occasioned by the failure to execute and deliver said documents. Page C-1 Matich Co�ration It is understood tha# the quantities shown hereon, except for those quantities marked "Lump Sum", are estimates and the final payment will be based upon ti�e actual vu�rk performed, subject to such adjustment and aiterations as elsewhere provided herein. 1. Mobilization LS 1 $�i�+ i�, $'��.'�2?5 2. Traffic Corrtrol LS 1 $ _ $ �;� 6&c'�GD�- 3. Clearing and Grubbing LS 1 $ $ „ �f'OGt�� �� �' 4. Lower Manhofes and Valves LS 1 $��o� _ $s��o, 5. Asphalt Removal and Transport SF 1,250,000 $ �/ $ , Q .r. 38��"a� Cold Central Plant Recycling (CCPR) SF � 1,250,000 $ $ 6. —3"minimum(S) (��� ��i2 S� Warm Mix Asphatt Overlay — 1.5" SF 793,775 $ $ 7. %"-mix-Residerrtial C7 6� .S�39 7�7� Warm Mix Asphalt Overlay — 2„ SF 456,225 $ � $ 8. $/."-mix-Commercial Q ,,.r ��� --�- 9.. Adjust Storm Drain Manhale to G�ade FA 10 $ �6p� $ 7 6bd 10. Signing and Striping LS 1 $L Soc�-- $zS�� 11. Traffic Signal Loops EA 44 $ Z �d �., $�d� ��,_ TOTAL BID PRtCE $ �/ �Sg/ !„� � .�. Page C-2 , . Matich Cotpcxation BtQ ALTERNATE#'1 —CVWD STRUCTURE ADJU NTS . ... A-1 Adjust GVWD Manhole#o Grade EA 85 � � ,� � A-2 Adjust CVWD Valve to Grade EA 150 � $ � r � TOTAL ALTERNATE#�1 BID PRICE $`��— i �tH Page C-3 , Mstich Corporatfon The costs of any work shown or required in the Plans and Specifications, but not specifically identified as a Pay Item are inciuded in the related Pay Item(s), and no additional compensation shall be due CONTRACTOR by virtue of CONTRACT4R'S comptiance with the Plans and Specifications. TOTAL AMOUNT BASE BID IN FIGURES$ Z.� ��3� OQU� TOTAL AMOUNT BASE B1D IN W�ORDS �"CVYO VVI.t�Irl O�/I M l��, �1�,Y� tv►�e�i -t�ur-��2 1"In�vC�rt� �ol It�1rS �. Nb C-�� IN 1MTNESS WHEREOF CONTRACTOR executed this Bid as of date set forth on Page C-1: , gy. ���-�. � �►�d�- `� Signature Mark T. Hickman Tr�e: �P�� CONTRACTOR Sta#e of Califomia ) San pemardino � County of ) Subscribed and swom to(or affirmed)before me on this �� day of W�� (month), 'LIi t� {Year), by_Mark T. Hickman , proved to me an the basis of satisfactory evidence to be the person(s) who appeared before me. Signature of Not (Sea! of Notary) Me9an Nadalet Notary Pub�C (WEGq�NADALET � � COMM. #1851226 �a NOTARY PUBLIC-CA:.FORN q SAN BERNARD�NO CpUNTY My Comm,Ezp'ros Od 5,2075 Pag@ C-4 , Matich Corporatbn D — fNFORMATION REQUIRED OF BIDDER TO ACCOMPANY BID The bidder is required to supply the following iMormation. Additionai sheets may be attached if necessary. (1) Company Name Matich Co�poration (2) Address 1596 Ha�'N Sha�aR181vd. San Bemendino,CA 92408 (3) Telephone No. ��-�� (4j Type of Firm (Individual, Partnership or Corporation} �'�'0��0" {5) Corporation organized under the laws of the State of ���fomla (6) Contrador's License No. 149783 Exp. Date 11-30-15 (7) �ist the names and addresses of all owners of the firm or names and titles of ali officers o#the corporation: Se�Rttached Comorate Resolution (8) Number of years'experience as a Contractor in construction work (9) List at least three similar projeds completed recer�tiy: Contract Amount Class of Work Date Compieted Name,Address R Tele hone No. of Owner 1' �G P IL. ,r(JDU ZO!� j�pt ,t,� ��s�,2 y,. See Attached y�z �-'� `' �..0 DRS�' G'�,- L�-�f 76/�-776•- G�tfU 2' CGPQ. �tlOU L�Jz ��� i! Gb o v a�' �..�t t"� �JUt�t�Gl�7" 3. �,� s��7-- ��� �, 3 09 t�av-- P,o�,� ,�s��2, f� IJ Page D-1 . Matich Corporatian CORPORATE RESOLUTION At a meeting of the Boazd of D'uectors of MATICH CORPORATION, a California Corporation duly cailed and held on the 1 lth day of March,2014,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 Randall S. Valadez VICE PRESIDENT—ENGINEERING Robert M. Matich VICE PRESIDENT—ESTIMATING Mark T.Hickman FUR.THER RESOLVED,that the above listed Corporate Officers are duly authorized to sign documents(bids,contracts,etc.)as may be necessary on behalf of MATICH CORPOR.ATION I,Randall S. Valadez, Secretary af MATICH CORPORATION have compared the foregoing RESOLtTTION with original thereof,as it appears on the records of the Baard of Directors of said company,and do so certify that the same is a true and correct transcript there from,and of the whoie said original RESOLUTION. I further certify that said RESOLUTION has nat 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 11 th day of March,2014. ' R dali S. Valadez, Se et Matich Co�poration (10) Pursuant to Califomia Public Co�acting Code, Secction 4100 e#. Seq., the following list gives the name business address, and partion �f worlc (description of work to be done) for each subcontractar that will be used in the work if tl�e bidder is awarded the Cor�tract, {Additional supporting data may be attached to this page. Each page shali be sequentially numbered, and headed "Proposed Contractors" and shail be signed.) The Bidder shall list all subcontractors who will perform work or labor or render senrice to the prime contractor in excess of one-half of one pe�cent of the prime's bid. Subcontractor's Name: P�S L'icense Number: �r� 9 3�2 Business Address: �v�+�,D�b Lte��(e�,. G� � Telephone: `��1"6FlZ- /d�/ Work Description: G G �12- Percent of Work: y y�o Subconiractor's Name: ��I�. S T�.�Pe License Number: ��s 3 �7 Business Address: Cd L i ox� �.�d Telephone: �C3 S���1'�i 7Z� Work Description: 5 7"� >P� �'-� Percerrt of Work: l�o Subcontractor's Name: 3.4/ �7"�sah CG�'G7'Q �G License Number: �/y��g Business Address: O��i,.ca5� c�Q Telephone: ��- Sy'�'- 7 S�� 1Nork Description: G�D/�S Percent of Work: � ��� (91} List#he name of the person who inspected the site of the prop�sed work for your firrn �Z��`�'` �'ti�lC.� (92) A finanaai statement or other information and references sufficientiy comprehensive to permit an appraisal of your curre� financial condition may be required by the City. (13) Cuntractor hereby swea�rs, under penalty of perjury that this infonmation provided is true and correct. By:_ ,e���� Title: Vice President Signature Mark T. Hickman Contrado� Page D-2 , . Matl�h CorporaGon E — NONCOLl.USION DECLARATiON To be Executed by Bldder and Submitted with Bid The undersigned declares: I am the v�ce Prestdent of Matich Corporatioc� , �e party making the foregoing bid. The bid is not made in the interest of, or on behatf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not cotlusive or sham. The bidder has not directly or indirecdy induced or solicited any other bidder to put in a false or sham bid. The bidder has not direc�ly or indirectly colluded, conspired, connived, or agre�l with any bidder or anyone etse to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directlyy 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 arry ovefiead, profit, or cost element of the bid price, or of that of any other bidder. A!1 statements contained in the bid are true. The bidder has not, directly or indirediy, submitted his or her bid price or any breakdown thereof, or the conterrts 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 coltusive or sham bid� and has not paid, and will not pay, any person or etitity for such purpose. Any person executing this dedaration on behaif of a bidder that is a corporation, partnership, joint veMure, limited liability comparry, limited liability partnership, or any other entiiy, he�eby represents that he or she has full power to execute, and does execute,this declaration on behalf of the bidder. I dedare under penaltyr of peryury under the laws of the State of Califamia that the foregoing is true and correct and that this dedaration is executed on _�1 ,v�e, '2� , 20„�, et San eemaracno � Ca{ifomia c��,r �e sy: �..,�- Mark T_ �c man Signature Title- v�e President CONTRACTOR Page E-1 , ' M�tich Corporation F- BIDDER'S B4ND To Accompany Bid KNOW ALL MEN BY THESE PRESENTS, That we, Ma#ich Corporation as principal, and Libertv Mutual Insurance Comaanv as surety, are held and finnly bourMi unto the City of Palm Desert in the sum of�7en Percent of Tota�a�d(10% of bid) to be paid to the said City or its certain attomey, its successors and assigns; for which payment, v�ll and truly to be made, u� bind oursetves, our heirs, executors and administrators, successors or assigns,jointly and severatly,firmly by thess presents. THE CONDITION OF THIS OBLtGATION (S SUCH, that if the certain bid of the above bounden p�incipai to perForm aertain work described as fioliows: 2015 STREET RESURFACING PROJECT PROJECT NQ.752-15 CONTRACT N0. C33880 The general items of�nrork to be done hereunder consist of: Cold Milling Asphait, Cold Central Plant Recycling, Asphalt Paving, Adjus6ng Manhote and Valve Fremes and Covers to grade, installing Traffic Slgnal Laop Detecto�s, Striping, TrafEic Controt, and other duties necessary for futl execution otthe project, ' and dated June 27, 2014 is accepted by the City of Palm Desert� and if the above bounden prinapal Matich Cor�oration shail du{y enter into and execute a c�onUact fior such construction, and shali execute and deliver the Performar�e Bond�d Payrnent Bond and insurance certificates as required by said cantract� then this obiigation shall become nuU and void; otherwise it shalt be and remain in futl forc�e and effect. Shouid it become necessary for the City to insti�te a lawsuit, or any ather Iegal proce8ding to enfarce the terms and condi�ons of this bond, then ail costs of said proceeding, including attamey`s fees,shaA be awarded to the prevailing party. jRemainder of this page has infer►tionelly been lef�blank. Signafure biocks ar�s contarned an the next pageJ Page F-1 A�tich Corporation IN WITIVESS WHEREOF,iNe hereunto sefi our Nands and Seals this 17th day of June 2014 . Cor�tractor's Name: Matich Corporation Contractor's Signature: � � a . �ckman Title: Vlce Presidant Address: 1596 Harry Shep�ard Blvd.. San Bernardino. CA 92408 Telephone:_ (909)382-7404 Surety's Name: Liberty Mutual Insurance Company Surety's Signature: �' � � -` e er a are i Title: Attorney-in-Fact Address: 330 N. Brand Bivd., Suite 500, Glendale, GA 91203 Telephane:_(818)956-4250 Acknowledgment State of Califomia } Cour�ty of Orange j On June 17, 2014 p��me� K. Luu, Notary Public personally appeared Heather Saltarelli , who proved to me on the basis of satisi�ctory evidence tfl be the person(�) whose name(�)isJ�b subsa�'becf to tf�e within instrurr�ent�d adcnowledged to me that f�/she�executed the same in HT�/heNtN� authorized capacity{i�), and that by t�/hert�lir signature($j on the instrume�t the person(��, or the entity upon behalf of which the person(S) acted, execufied the instrumerrt. i cerMy under PENALTY OF PERJURY under the laws af the State of California that the foregoing paragraph is true and correct. WITNESS my hand and of�iaai seal. S�gnature (Seal} k� .-t.r . :... :�., �. .. , _ L Page F-2 ` ' �' ss . � Mat�ch Co►�poratb� ACKNOWLEDGMENT State of Califomia County of San Bemardino � On �N Z 7 ���4 before me, Megan Nadaiet, Notary Pubiic (insert name and title of the officer) personally appeared Mark T. Hickman who proved ta 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(sj 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. WITMESS my hand and official seal. �'°"p'"""'�'�'r f��A� ���A���, � - COMM. #1Q51228 � 'v� NOTARY�Ug�IC-CA!�URN A � SAt3 dER��)AR�INC Ci1U'v;y Signature Seal �+y comm.E�g�`��°�� � ) �`�`"".�. TH�S POWER OF ATTORNEY IS NOT VALID UNLE33 IT IS PRlNTED ON RED BACKGROUND. �� This Power otAttomey NmNs fhe acb ot fhoee named hereln,and they have no su0writy to�nd the Company except in the mann�and W tlb exterq heroin sql�d. CeA�cxte No e�e2� American Fire and CasuaNY CompanY Liberty Mutual Insurance ComP�Y The Ohio Casualty In�rance Company West American lnsur�c�Company POWER OF ATTORNEY KNOWN Atl PERSONS BY THESE PRESENTS:ThetAm�Fire 8 CesuaNy Company�d The Olim Cawat�r M�urance Canparry are corpaeAions duly oigariud under the Nws of tlx Stale of New Hampffir�e.ihat L�erty AMAuaI Insurar�ca CompanY�s e oorpor�ion dulY a9ani�ed undertl�e iaws of tlre�abe of h�usetb,end WbstA�Ineurance CompniY is a caporaCwn duly organized ur�e►Ihe lays of the State of In�ana(herein coNecthrely ceNed the'Compenies�,Pu�ant to and by aWhorNy hereN►aet kor0►,does he+eby name.cor�lute and appoet, Heather Seltareill:James A Schalier Jeri Anodaca•Kim(,yu Michael D Panzino•Rachelle�jheg�L•Rhonda C.Abet ,^ � �I of the city of Newoon seacn ,sia�of cA each individualiy ff there be more U�an aie named.ks We and lawful ffiromey�io-tact to rtaka execute.seai,ackn�ledge and deliver,fa and ai its behaa es surery a�x!as its act and deed.any and d!unde�takings.bonds.rawgn�s end�her sureiy obYgatio�.in pwsuance of these presenls end shall be as binding upon�e Compenies es if tl�ey Naue been duly aigned b1'the presid�t and ettes�d by the secrelery of tl�e Compenes in U�r own P�opa Pa�s. � IN WITNESS VNiEREOF,tl�is Power of AttomeY has baen suhscnbed by an autlarized officer or of�iai of the Comperias end 1he corporale seats of 1he Companies have been etfixed � Ihefeto tl�is �9�h dBy of Febniary , 2014 . � A�ric�Fire and CasuaRy Company � � The Ohio Casuaily Insurance Company � Liberly Mutual insurance Company c West mencan Insurance Corrq�any � � . � �. Oevid M Care Assfstant Seaetary � � STATE OF PENBdSYLVANIA ss te � +_'� COUMY Of MONTGObERY ,,,, � � � � 011 UIiS 191h �y pf Febn�ary , 2014 betoB mC Pet50r1idl��P@ffied D9uld M Ca18y.Who eCknoWledged himSCfl t0 be d1e ASSiS18nt SeCretafy o(AmBriCen File end v I- v a� CasuaAY ComPany LibeAy Mutual Insurance Company,The Ohio Cesuafty Insureau:e Company.�d West American Ir�suramx Company.et►d U�at he.as such bec�g e�►otized sa�do. '.LL p? execule Ihe foregoing instn�nem tor the purposes tl��ein contained by signrg on heheif oF tl�e corpo�atiau by himselt as a duly autlronzed officec = a`� � IN WIfiNESS WHEREOf,t haue h�eur��bscribedm�rteme and sffixed�+nota�is9 seal eA Plyrtiadh Mee6ng.Pen�ylvania.on the dsy�d raa fi�above wrdteo � � �� � /q�.�Z.I,.C.c�c.R� a d C•�fA gY O � ` Taesa PasteAa�NobrY Pubik �f[ R �O � Q _� This PowerofAtlamay is mede end�ecuied pursua►tio and'by aupwrily of the fdbwinp Bglans andAulhaizaUons ofArtierican Flre and C�r Cortpeny,The Ohio Casually insurar�e ,_,w� y.. Co�.L"ibaiY Nhduel Insiaance Compeny,aid Wlesi Ame�ican In�Campmry wtid►�esoMitions se now n fuq fo�e end efiect readrg ag(olawa• ,t a �d ARTH�.E IV-OFFICEt�-Section 12 Powa�ofAMomey Any ofi�a�heroffiaal of tlis Caporatlon aulhaiud fortl�at purpose m�b�r the Ch�a Oie PresMeM.and�bjeet � t �� ��uch imiladai as tlie Cheimian or Uie P�esideM may p�a.shad appord s�h dbrt�eys�in�fact�mey be�rp to act in behelf of tlre Corpa86on�melte.execule.seel �► ai por O= eduiowl�dge end de6uetes sur�y eny a1K!al aldeAeidllps.bonds.rowOnimlrxs emQ dhet Surety C�bGgffii0ns Such e�Yg-in�fect,Subjed b tl18 NId�Yons�et torlh in Aleir�pedirie 'C � poweis of apomey,shaA l�ra full powe�'to 6in�11he Caipae�a�bY tl�eir a�ue and e�fon of ary such i�utrurt�ro.a and to��eb�e 9e�of fhe Capore�on. W118n so ia� O'� exeCiAed.such irebumeMs sheN be as bindug es if signed by tl�e Pr�aM s�b by tl�e SeaelaY��Y P�efa e��Y 9�ed m anY�deUus o►atlomey-in-fact� Y � � tlie provisions of Ws arElde me�t be revok�d al er�y timB bY tl�e Board.9�e Cheaman,tl1e�or by tl1e o�er a o�cers gra��wd1 poMKv a autl�odty �� io C ARTiCLE Xtq-Exeadion of ConUads-SECTION 5 Surety Baids acM lfidertdungs My oifwar of tlie Compeny authorized for tl+eR qupose h wrl�g by�e cha�rt�a the President, � > � and subjed b sw,h i 'm�'ions es the cheirtnen orthe Praident►ne�'p�xibe.sheA aPPad auch albmeysi►�acl,as may be necessery�o act m behelf of tl�e Conpmry b meke.execule �r z� ���a�a e�n e��a o w e�b�c o m�e n r�r�e a e�u n aa y����a n a a�n�e e�a a�e c o�y�in��o � a�nea s�d,inegume�s snae�s as anda�es�t�,ed�n+e p�saen�ena ene�ee ey r,e seae�y. o ca�tl�a oe�gnanon-rne P�a�e cAmpenr.eding p�q b nie eyl�of u,e C�,�iz�nand wL cae�,assi�ar seae�err�eppoM�cn e�rrreys-io- ~ ; � fact es mey be neoessary!o act on betielf ot the Co�any to trtake.�scule.seal.ada+owledge and deiret es surety erry and aN undertaki�gs,bonds.�ecog�i�senees mid othet surety �g. Awtlarladon-By unanimous oa�seM of Ihe Conpanys Board of Dir�rs.tlre Company t�nserqs tl�d fet�imNe or med�eniceYy Rprod�ced s�B�of e�y��oi tl�e I Compeny+M�erever ePPeam9�n a ce�ed copy oi any po►Ater ot eUaney iss��ed by the Compmry in aoix�ectlon wrh su�ety bonds.s1�aN be veid and tirrlinp upon the Conpeny with the seme taee arM eflect as tlw�ph menueBy d�ced j 1.Gregory W Devenport.the unde�signed.As�aaA Seael�,of M�cer�Fra and CasueNf'Canpenr,The�ha Casuat�r M�surance Compeny.liberty MuWd In�Compan%and � W�esl Art�ancen Insur�ce Ca�r��Y�Y lhat tlie agurel Po�aer of allomey d xA�ich the faegang�s a fu6 true�d cared copy d the Power of Aaaney execuled by�aod � Compa�uea is in fi�l face and e�d and has no1 bea►revoked ; u��srn�oNrw�r��.i n�n��mrn�a�e�a��or�e co�u� aaya JUN 17 2014 � � i � �--._` � � $y,; � c�ago,y w�wrer�pon,nss;sisn�seaecery 1 i � i � � Ll1S_12873_1Y2073 317 p1$�p � _ _.,__....______..__.___.. � _...�________�__, ------..__...._.e...e.._�,.... v__.�.....�.__ _ _,.,_._.,_...�_.__..__.._.�._...� .._.._._ _.,....�,