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HomeMy WebLinkAboutC33420 - Frank Sinatra Dr CIP Recycling 752-14 Contract No. C33420 CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: AWARD CONTRACT NO. C33420 FOR CONSTRUCTION OF THE FRANK SINATRA DRIVE COLD IN-PLACE RECYCLING PROJECT TO MATICH CORPORATION, INC., OF HIGHLAND, CALIFORNIA, IN THE AMOUNT OF $1,684,800 (PROJECT NO. 752-14) SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works CONTRACTOR: Matich Corporation, Inc. P.O. Box 10 Highland, CA 92346 DATE: June 12, 2014 CONTENTS: Contract Agreement and Bonds Contractor's Proposal Location Map Recommendation By Minute Motion: 1. Award Contract No. C33420 including bid alternate #1 for construction of the Frank Sinatra Drive Cold In-Place Recycling (CIR) Project to Matich Corporation, Inc., of Highland, California, in the amount of $1,684,800 (Project No. 752-14); 2. Authorize the Director of Finance to set aside a 10 percent contingency in the amount of$168,480; and 3. 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. Backqround As part of the annual street resurfacing program, Frank Sinatra Drive from Monterey Avenue to Cook Street was scheduled for paving using the 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. Staff Report Award Contract C33420 to Matich Corporation, Inc. (Project 752-14) June 12, 2014 Page 2 of 2 This project originally went out to bid in April, but there was an irregularity in the apparent low bidder's bid. Additionally, during the bidding period, a pavement failure on Gerald Ford Drive began to deteriorate to a condition that requires repair. At the May 8 Council meeting, Council authorized Public Works to reject the bids and rebid the project with the repair of Gerald Ford Drive included. A call for bids for the revised project was advertised, and on May 20, 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 $1,653,980 Granite Construction Indio, CA $1,667,520 Matich Corporation, Inc. submitted the lowest responsive bid (9 percent less than the engineer's estimate). The project is scheduled to be constructed from late June to early August. 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 $30,820 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 re�mbursed $30,820 by CVWD for work done on their behalf. �, Prep ed By: �� De art ent Head: � � ' � ', j v Ry Gayler ject Administrator Ma G een ood, P.E. Director of Public Works CTTY COUNCTL AC�ON APPROVED � DENTF,D Paul S. Gibson, Director of Finance RECEIVED OTHER prov ME�TI1��lDATE �' . ' , 1 % AYES: �� � � � �f�!` �� J '" l7/1� ` NOF,S: �ry ABSENT: ohn M. o Imuth, City Manager AI3STAIN: ry �- �� VI;RIFIED I3Y: Ori�;inal on File with City rk's Office CONTRACT N0. C33420 AGREEMENT THIS AGREEMENT is made and entered into this 12th day of June, 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. FRANK SINATRA DRIVE CIR PROJECT, PROJECT NO. 752-14, CONTRACT NO. C33420, 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; Q) 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. C33420 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 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. C33420 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: Signature to be notarized TITLE: Mayor of Palm Desert, CA TITLE: Citv 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 CONTRACT NO. C33420 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) CITY ACKNOWLEDGMENT State of California ) ) SS. County of Riverside ) 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. C33420 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: FRANK SINATRA DRIVE CIR PROJECT PROJECT NO. 752-14 CONTRACT NO. C33420 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 One Million Six Hundred Eiqhty-four Thousand Eiqht Hundred and no/100 Dollars ($1,684,800.00), 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. 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 ) 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) CONTRACT N0. C33420 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 June 12, 2014 described as follows: FRANK SINATRA DRIVE CIR PROJECT, PROJECT NO. 752-14, CONTRACT NO. C33420, (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 One Million Six Hundred Eighty-four Thousand Eiqht Hundred and no/100 Dollars ($1,684,800.00), 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 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 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 Corpora►ion C - CONTRACTOR'S BID FRANK SINATRA DRIVE CIR PROJECT . PROJECT NO. 752-14 CONTRACT NO. C33420 TO: CiTY OF PALM DESERT, "CITY" DRTE: �'� �D t �,0�" BIDDER: �����n "CONTRACTOR" The UNDERSIGNED, "CONTRACTOR", having carefulfy examined the site and the Contract Documents for the construetion of, FRANK StNATRA DRIVE CIR PROJECT, PROJECT NO. 752-14, CONTRACT NO. C33420, hereby proposes to construct the work in accordance with the Contract �ocuments, including Addenda No(s). � for the amount stated in this Bid. By submitting this Bid, CONTRACTOR agrees with CfTY: 1. That unless withdrawn in person by CONTRACTOR or some person authorized in writing by CONTRACTOR before the time specified in the No#ice fnviting Bids for the public opening of bids, this Bid constitutes an irrevocable offer for 60 calendar days after that date. 2. The CtTY has the right to reject any or atl Bids and to waive any irregularities or informalities contained in a Bid. 3. That the contract shall be awarded only by the goveming body of CITY. Said contract shall only be deemed awarded after the CONTRACTOR'S complete submissio� of all contract documents, bonds, insurance documentation, and the CITY shall ob#ain atl 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 execu#e the Agreement and deliver the required bonds and certificates of insurance within 10 days after notice of award. If CONTRACTOR faiis 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 rnoney befween 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, additiona! engineering and architectura( expense and cost of maintaining or construction alternate facilities occasioned by the failure to execute and deliver said documents_ Page C-1 Matfch 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 B1D ' , 1. Mobilization LS � $11��a ����-��z,�=' 2. Tra�c Control LS 1 � (p$�p� $���b00'4' 3. Clearing and Grubbing LS 1 �r2��trb►� $/Li apoaD 4. Lower Manhoies and Valves LS 1 �j3,gpQ°'-� $3 3,gp0� 5. Full Wid#h Cold miil - 2" SF 725,000 $ , �� ��52,�,�,�' 6 Cold In-Place Recycling (CIR) 3" SF 725,000 $ S�D � de th S . — 5�0,o00� 7. Warm Mix Asphalt Overlay—2" SF 725,000 � $5 $������°—` O 'i 8. Signing and Striping LS 1 $��qpp=" $Z��qpp`= 9 Adjust Storm Drain Manhole to � $ � . 9, � � Grade 3(vo, 2�$�-- 9 0. Traffic Signal Loops EA 60 $ L�.c �� ���, ��= . �� Reconstruct Pavement on Gerald �S 1 � � � � Ford Drive �2,(�op:— 32,�j,p-- � R TOTAL BASE BID PRICE $ a.;, 1 ,fo53,�SD._._ ._.__--_._�_.. . Page G2 Matich Corporaiion , ,. _. BID ALTERNATE#1 —CVWD STRUCTURE ADJUSTMENTS A-1 Adjust CVWD Manhole to Grade EA 34 � ��.� �'�.����' A-2 Adjust CVWD Valve to Grade EA 36 � � � � �•"" (lv,?.�a• � TOTAL ALTERNATE#9 BID PRICE $ �� ���, � . 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 CONTRACTOR'S compfiance with the Plans and Specifications. TOTALAMOUNT BASE BID IN FIGURES $ I , �53, � �b� T4TALAMOUNT BASE BID IN WORDS oN� M1U,�DRf 5�,�' #{�NII�,U �'1�1I ��� --t�i-�o��r.D r�l,� �-tl1t�_� '�.�j � � �u �_ iN WITNESS VIMEREQF CONTRACTOR executed this Bid as of date set forth on Page C-1: , By, ,�1�Z..-.... � `2'_ �t•'�.�--�--��._._.__.__ Signature Mark T. Hickman Title: Vbe President CONTRAGTOR State of California ) County of� �n�il��U'1� j Subscribed and swom to(or affirmed) before me on this � day of�_ (month), ��(year), by Yv'IA,YK,. t �- 1CJ�.-YriUM , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Signature of Notary �CR 1���� {Seal of Notary) Nadalet Natary Public MEGAN NADALET �, ` COMM. #1951226 � Page C-3 � �s°�rai ERNA DINO COtlN1YA y � My Comm Exp�ras Oct 5.2015 J o�v�fc�asro�ve+.vss Matich Corporation D - INF4RMATlON REQUIRED OF BIDDER TO ACCOMPANY BID The bidder is required to suppiy the following information. Additional shee#s may be attached if necessary. (1) Company Name Ms�h Co�porat�on (2) Address 1��Y ShePPab Bwd• �'n��ino.CA 924oe (3) Telephone No. ��2-�400 (4) Type of Firm (Individual, Partnership or Corporation) �P�� (5} Corporation organized under the laws of the State of C���mta (fi) Contractor's License No. ��� Exp. Date 11-30-18 (7) List the names and addresses of all owners of the firm or names and titles of all officers of the corporafion: See Attached Corporate Resolution (8) Number of years'experience as a Contractor in construction work tU (9) List at least three similar projects completed recently: Contract Amount Class of Work Date Completed Name, Address & Tele hone No. of Owner �' See Attached 2. 3. Page D-9 Matich Cotporation CORPORATE RESOLUTION At a meeting of the Boazd of Directors of MATICH CORPORATION, a California Corporation duly calted and held on the 1 lth da.y 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 SECRETA.RY Randatl S. Valadez VICE PRESIDENT—ENGINEERING Robert M.Matich VICE PRESIDENT—ESTIMATING Mark T.Hickman FURTFIER 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,Randall S. Valadez, Secretary of MATICH CORPORATION have compared the foregoing RESOLUTION with original thereof,as it appears on the records of the Boazd 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 stiIl in full force and effect. IN WITNESS THEREOF, I have hereunto set my hand as such Secretary this 1 lth day of Mazch,2014. � R dall S. Valadez, Se et Matich Corporation Matich Corporation Recent Projects: Big Bear Village Improvements Description: Street and Sidewaik Improvements Agency: City of Big Bear Lake, 39707 Big Bear Gake Blvd, Big Bear Lake, Ca Contact: joe Cylwick, 909-866-5831 Contract Amount:$5,409,0OO.OQ Completian: December 2Q13 Route 62 in)oshua Tree Description: Pavement Rehabilitation Contract Number:08-OQ7304 Agency: State of Ca, Department of Transportation,464 W. 4�h Street,San Bernardino,Ca Contact: Amgad Benjamin, 909-801-5564 Contract Amount: $12,614,OQ0.00 Completion: November 2013 Highway 111 Resurfacing Description: Roadway Resurfacing Contract Number: C31810 Agency: City oFPalm Desert, 73-510 Fred Waring Drive, Patm Desert,Ca Contact: Ryan Gaylor, 760-346-0611 Contract Amount: $3,218,040.00 Completion: October 2013 Highways 18&38 Description: Pavement Rehabilitation Contract Number: 08-OQ4804 Agency:State of Ca, Department of Transportation,464 W.4�h Street,San Bernardino,Ca Contact: Ken Tran, 909-514-1228 Contract Amount: $2,968,000.00 Completion: October 2Q12 Highway 111 Description: Pavement Rehabiiitation Contract Number: 08-OP9404 Agency:State of Ca, Department of Transportation,464 W. 4�h Street,San Bernardino,Ca Contact:John Santos, 951-538-5315 Contract Amount: $3,409,OOO.UO Completion: September 2012 Matich Corpr,ration (10) Pursuant to California Public Contracting Code, Section 4140 et. Seq., the fallowing list gives the name business address, and po�tion of work (description of work to be done) for each subcontractor that wili 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: ��VG'�ntr�(T' t��c��Gu.c./6- '�ys r�rus License Number: Slo93 sa f+- Business Address: !0 2�.o ��-�.1 S e-�A-,��c w a.�l -����+ v��-4 N L'Ma 9���.� Te{ephone: q�� (o S a. �-i �q � Work Description: ��Q P���� t G p� Percent of Work: �4'3 ��� Subcontractor's Name: �8s �cr���r�c5 I'�D>�.a.ST//��- . �ti��� License Number: `i 3�.��i8 � Business Address: t 320 �. b��'''� �r. ��ncK.i,a . C-� �t Z6�ti , Telephone: `�S 1 Z�7 9 - 1�E��9 Work Description: a U.>u..sT- M w-�r����s, V h c..v�s Percent of Work: 3,�l lo `l� Subcontractor's Name: JC,M�T H-�de�/ ���r+2��' , f ti(C . License Number: !o+ `I ��f� Business Address: ��3S E• {L�TELLA A-v� pe.+�,v6� � L�,* �'�-�-� Telephone. '��H 9 5 ��- 9.�s� Work Description: Lad�s Pe�cent of Work: .��� (11) List the na�me of the pe on who inspected the site of the proposed work for your firm Mka.w -T- i-'��c.k.n.�,,�r (12) A financial statement or other information and references su�ciently comprehensive to permit an appraisal of your current financial condition may be required by the City. (13) Contractor hereby swears under penalty of perjury that this information provided is true and correct. .� By: /'���-''� ����`��` �`" Title: ��e President Signature � � �c man Contracto� Page D-2 ��,; C.�1,- Sfi C�'►P�. 1,�,�, #� : ��S 3�'i �DF-�s � S� ���-!P-Dl�,�'t- wv t�K,�- S1'�t Pt N� ��� � ���- ��. �atich Corp�ratiort E — NONCOLLUSION DECLARATION To be Executed by Bidder and Submitted with Bid The undersigned declares: I am the Vice Presiderd of Ma6ch Co�pOratwn 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 indirectiy 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 frx any overhead, prafit, or cost element of the bid price, or of fhat 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, o�ganization, bid depository, or to any member or agent thereof, to effectuate a callusive 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, fimited liabitity 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 _�_ �, , 20�, at �n �cYlaY�ll�l,� , Q�,IA�pYYLI A City State By. ���,�,.� 2.5�=�'G�''�---_.. Mark T. Hic man Signature Title: v�Presideni CONTRACTOR Matich Corporatio� Page E-1 ' Matich Corporation F — BIDDER'S B�ND To Accompany Bid KNOW ALL MEN BY THESE PRESENTS, That we, _____ Matich Corporation as prinapal, and Libertv Mutual insurance Companv as surety, are held and �rmly bound unto the City of Palm Desert in the sum of$Ten Percent of Bid(10% of bid) to be paid to the said Ci#y or its certain attomey� its successors and assigns; far which payment, w►efi and truly to be made, we bind ourseives, our heirs, executors and administrators, successors or assigns,jointly and severatly,firmly by these presents. THE CONDIT(ON OF THIS OBLIGATION IS SUCH, that if the certain bid of the above bounden p�incipat to perfarm certain work described as follows: FRANK SINATRA DRIVE CIR PR�JECT Project Np. 752-74 Cantract No. C33420 The general items of work to be done hereunder consist of: Unclass'rf'ied Excava�on, Unclassified Fill, InstaUation of Geotextile Fabric, Cold Milling Asphalt, Cotd In-Place Recycling, Asphalt Paving, Adjusting Manhole and Valve Frames and Covers to grade,� Instalting Traffic Signal Loop Detectors, Striping, Tra�c Control, and other duties necessary for full execution of the project, and dated Ma 2U, 2014 is accepted by the City of Pa�m Desert, and if the above bounden principal�datich Cor orn ation shall duly enter into and execute a contract for such construction, and shall exeaate and deliver the Perfamance Bond and Payment Bond and insurance certificates as required by said corrtract, then this obligation shall l�come null and void; othervvise it shalt be and remain in full force and effect. Should it become necessary for the Ci#y to institute a lawsuit, or any other legal proceeding ta enforce the terms and conditions of this bond, then all costs of said proceedjng, including attorney's fees, shall be awarded to the prevailing party, (Remaind�r of this page has intentionatly been left blank. ' Signat�re blecks are contained on fhe nexf page] Page F-1 IN WlTNESS VIMEREOF, We hereurito set our Hands and Seals this 14th day of_ ���y 2p 14 Contractor's Name:_ Matich Comoration Cor�tractor's Signature: �'�� � �L� Title: �ark T. Hickman Vtce President Address:__1596 Hariv She�c�ard Blvd.. San Bemardino. CP 92408 Telephone:_ (909}382-7400 Surety's Name: Liberty Mutual Insurance Company '� _ Surety's Signature: ^ ` ' _ Title: Heather Saltarelli, Attomev-in-Fact Address:_ 330 N. Brand Blvd.,�Suite 500, Glendale, CA 91203 Telephone:__�818�956-4250 � Acknowledgment State of Californta ) ) County of Oranqe ) On Mav 14, 2014 before me, K. Luu, Notary Public personally appeared_ Heather Saltarelli who proved ta me on the basis of satisfactory evidence to be the person(�)whose name(�) is/are subscribed to the within instrument and acknowledged fo me that I�p/she/#�i executed the same in Y1�Iherfth►�jt authorized capacity(1��), and that by t1�glherlth���r signature(�} on the instrumerrt the person��), or the entity upon behalf of which the person(�) ac�ed, executed the instrument. I certify under PENAL'fY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and carrect. WITNESS my hand and official seal. Signature (Seal) Page F-2 '�''`� ,�. .�: ..,.,_,; . . ..,._ � v �� ,.. � ��� � c'. ' - 2'@�.d��� V !�iI Y �'�' .�. . � ,.. s' � �`� .'u�'r't �t . � ' f"�"M�^` . 'nk�'�pm�.�.* . . '�s' ., .. , .. . .. ' Maticn Corporation ACKNOWLEDGMENT State of California County of San Bemardino � on � 2 � � before me, Megan Nadalet, Notary Public (insert name and title of the officer) personally appeared Mark T. Hickman , who proved to me on the basis af satisfactory evidence to be the person(s�whose name(s)islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and fhat by his/hedtheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted,executed the instnament. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. WITNESS my hand a�d official seal. MEGAN AN DALET v, COMM. #1951226 � - NOTARY PUBLIC-CALiFORNiA � SAN BERNARDINO COUNTY � Signatu � �$ea'� � My Comm.Expires Oct.5,2015 R ' TH�S POWER OF ATTORNEIf tS NOT VALID UNLESS IT IS PRIMTED ON RED BACKGROUND. Th(s Pov�er of Attomey U�s the acts of thoes�amed fie►eM,and they have no authodty to bNM the ComQany except in 1he mann�and W tho extoet t�sMed. Certificate No � � American F'Ke and CasuaitY Comp�Y Liberty Mutuai It►sur�ttce Company The Ohio CasuaNy In�a�ce Company West American Insur�c:e Cornpany i, �, POWER OF ATTORNEY ' iwovu�au�Rsoas eY T�se�Es�rs: me�a�F�e a c.�su�ycor�y sna tne ot�o casua�y u�,rance com�,r���dayo�ma�nc�me ia�s a Y�e SteRe of Naw Harnpstrre,that L�edy Mudml Ir�a�ce Campatry�a capore�on duly age�ed undetthe lews of tl�e StaM of N�setls,and WeslAmencan I�urance Company is e caporadon duly agemized underthe laws of the Steb of Indiane(#�rein coAxEirely cared the`Cortqfanies7.pursuaM to and by aWwri�r he�ek►aet brlh,does hereby rreme,cons�ute end appoint,_„ r �i•Jam •Kim .Pari ' eli Rh C. 1 � �of tl�e cMy of Plewoon Beach ,sta�e of Cn �d►indNidualiy iF 6�re be mae tl�an are named.ils bue and�wtut e�y-in�fact to m�ce.e�u1e.seat,adcrww�dge I �d defver.for and on i2s behal(es suneEy and as iL5 act end deed.at►y�d al w�deAalcirgs.bonds,recogrprances a�otleer surety obwgadons.in p�ss�oi these p�eseMs and shell be as bindi�g up�tlfe Compsnies as if�ey have been dulY st9ned bY Ihe pres�ent and at�sted by�e secrelary of tl�e Compani�in tl�eir aMm P�P�• IN VNTNE5S WHEREOF.�is Power of Adomey has 6e�seLscri6ed by an autlw►aed otbcer or oi6eid ot�Companies and tlie coiporale aeals of the Co�Aeve been�Axed Iher�olMs t9�h deyof February 20t4 �• American Fir�e and Ca�sualty Cortipany � The Ohio Casuaky lnsurance Company a uberty M�p��lnsu�ance Company = V1�st ' an In�rance Company � w � d ++ �. Dewd M.Caie .As�t Settetary C � STATE OF PE1�15YLVANIA ss C .s'� COUNiY OF MONTG�Iu�RY .r � m � On tl�is tah dey a Febn,ary , 20�4.betore me peBonaiy appeared Oauid M Cerey,wtw ecimow�dged hbr�self lo be tlre Assistent Secretary oi Amenc�Fi�e and �i— c� m Casually Company.LlbeAy lutudisl lnsurence ComPenY.71re Otuo C�Y M�x�oe CompanY.and West par�azican Insurance ConpanY,and thel t�e,as suc�►.being aWaiized ao b do, � p 3 exe�te tl�e(aegang ir�strumant fa Uie pmposes U�ein contained by signing on behe�of the coryuraUa�s by himseif as a duty autlarized o�t. �� IN VNTNESS VN�REOF.1 have t�neu�subscribed m�l t�ne end eifixed my ra�rid seal�PPynputh Maeli�.Pennsykania.on the day atM year fi►st above wrNten. Q e��f —�3 � !q'.�Z��/ �� ���� `� $� �� re�esa Pasteqa.Not�r P�ic c � «�+ � d � C a 7his Pawer o(Atbmey is mede and exeaited�,b and�b�r au�o�y of tl�e(ollowing By-laws smlAWhoriza5ons ofAmerican FB and CesimNY Compeny The Ohio Cesueky h►s�uance �A p ai.�.. �a�Y.�Y AlhAual 1�Compeny.��Mquranrs Comperryr Mddd►res�6o�are now in fidl toroe and e�ect ieading as fopaws' ,�� �m ARTICLE IV-OFFICERS-Seaion 12 Power ofAtbn�eY.Any�or oiher otfidal ot tl�e Ca�poraGoo eutlariaed tor tl�et PwDoee in�by 9ie Cheinr�ar Ihe President.aid subject O � m� lo such iqridatlon as Ufe Cherrtmri or the Preside�N n�ay pestxiUe.�all appoint sucfi adomeysandact,as ma�r be nece�ay�act in behelf of ihe Corya+�lion to meice.execub,aeal, � �C admowledge and dei�re�as�refy�r and aA w�rlakeiqs.bonds.�aM otl�r s�rary abf8alio�. Such allomeyaio-fect,subjeci tn 11�e im�dons sel bM n tieir respeatiMe �� �y" P�����Y.sheN heve iutl power 6a bind the Corpora�on bY�eir s�hre ar�!execu�n oE s�y such ins�pneMs and to eCech theneto�►e aed of�e Corpaetlon. VYhen so �a� `O a ezeaAed,such ins6u�shaY be ag be►diip ag H aigned by tl�e Piesident end�b by tl�e SeaemrY��Y D����Y 9���Y�or etlomeyan-�ct under > "' `' Ihe pno�ieia�s of ffiis ar6de�y be tavoked a1 any 6me by the Boeid.�e Chainnen,lhe P►esdeM ar by�e otficer or o1�s granting such poiaer or aWha�r. m� aa C ARTICLE X81-FxeaiUon of Cor�acts-SECTION 5 Surety Bads and lhiderfekin9s My o1R�er oi ire Campeny a�Atio�ixed for Ihel pupose�wdting by 1he chdnnan or tlie president. �� > � end subject 10 s�Mi1�lalbns es tl1e Cha�man or ihe PreaideM may Rrescr�e.sheA eppOirM 3uch edDmeysin�.es r�y be�y to ed In behe�Of MIB CompmY t0 meke.e�cule, �'M O � Beal.ecknowledge end defnrer es swety aity end aR uideAekings,bonds,�ogNxances end oUler stna1y ob6gaqons. Such allomeys�h�tact subjed to qte 6n�lior�s sd foAh in 1he's �� 2 v �e P���Y,shaA tiava h�M paNer�bind the Compeny by d�sipnaqne�d exec�Afon of any such�strumenls and b aqech tl�re10 U�e 9eal of Uie Compenq. When so v� exec�Aed such insbu�nt�she�l6e as b�ding as ff sigfled by Me plesident a��1e.5�d bY���Y O� Cs�tlflcs�e of D�don-The Presi�nt af the Company actln9 PusuaM to fhe Bylaws of Ihe CompaMc au0arizes Dawd M.Carey.A�Secrelary to eppaM such etlonieYs�- ~� fact aa mey be necessery lo act on beh�f of the Canpeny b m9ke.exeCute.9�d,�end de8ver as Suneiy mry end eR�p�ldngs,bor�ds,�tizar�ces and offier surety � AuNarWtlon-BY unar�Mnous ca�sent of Ihe Con'iPmys Boend of Direc�ors.the Company conse�s lhat fecsimUe or�re�oduced si9nahre of any�steM secaetary of the �P�Y���8�e��PY d a�y power ot e�Faney issued by ihe Compsny in camection wilh sur�r bonds.sheA be vel�aid bi�ng�on the Cortpeny w�lh tlia s�ne to�ce�d eRect as tlrough n�iaAy a�xed. I,Gregory W.�ort,ihe undersigned,Assis�t Seaet�y of American f�e er�d Cesu�ly Compemy,The ONo CesueqY�nsu►aioe Comper�.Li�erh Muk�al q�xa�Compeny,and Wlest Amedca�In�Comp�Y do herebY cerd7Y tl�al tl�e ai9inal powe�of altomey of wlpch tl�e�Oing is a tutl.htre end oared capy of tl�e Power of Attomey exea�led by said Cart�penies.is n tuY faoe ed e�Ct and has not been revoked. �AY � � ZO� w�sre�r wr�r�aF.i n�e nere�ro�my�a era a�ea me se�s or s�d com�ar�es�as dey or .20 _---___ sy. c�on�w navenv«�.n�secxewr t�15 12873 t22ots 37'of 500 Matich Corporetion ��':° � F�� �-5�. � �� ,;��,,� iy �� 1 '.1: � .... S • CITY OF PALAA DESERT CALIFORNIA ADDENDUM NO. 1 Frank Sinatra Drive CIR Project PROJECT N4. 752-14 CONTRACT NO. C33420 ISSUED May 12, 2014 � Z BO CHEN, P.E. CITY ENGINEER {MPORTANT NOTE: RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED IN CONTRACTOR'S PROP4SAl Matich Corporation This addendum revises the Notice Inviting Bids to increase the contract duration to 45 calendar days. Replace Page A-1 with attached Page A-1 revised. t�;titich Corporation CITY OF PALM DESERT A - NOTfCE INVITING BIDS FRANK SINATRA DRIVE CIR PROJECT PROJECT NO. 752-14 CONTRACT NO. C33420 PUBLfC NOTiCE IS HEREBY GIVEN that the City of Palm Desert, as City invites sealed bids for the above stated project and wilt receive such bids in the offlces of the City Cterk up to the hour of 2:00 a.m., on Mav 20. 2014, at which time they will be publicly opened and read aloud. The work to be done consists of furnishing all materiats, equipment, tools, labor, and incidentals as required by the Plans, Specifications and Contract Documents for the above stated project. Copies of said Ptans, Specifications, and Cantract Documents are available from the C'rty upon payment of a $20.00 non-refundable fee. This project is to be completed within 45 Calendar Days from the date specified in the Notice to Proceed. Time for commencement and completion of the work is important, and is to be of the essence of the Con#ract. The successful bidder should plan to order any long tead-time equipment items immediately folfawing Notice of Award. I n accordance with California Labor Code Sections 1770, 1773, 1773.1, 9 773.6 and '1773.7 as amended, the Director of the Department of industrial Relations has determined the general prevailing �ate of per diem wages in accordance with the standards set forth in Section 1773 for the locality in which the Work is to be performed. In accordance with City Ordinance No. 859, this project shall require prevaifing wage payments. Any contract entered into pursuant to this notice will incorporate the provisions of the State labor Code. A copy of said wage rates can be obtained by accessing the Department of Industrial Relations website at: www.dir.ca.4ovIDLSR/statistics research.html or by contacting the District Office at 464 West Fourth Street, San Bemardino, California 92401. The contract documents call for monthly progress payments based upon the engineer's estimate of the measurement of work completed. The City will retain five (5) percent of each progress payment as security for completion of the balance of the work. At the request and expense of the successfut bidder, the City will pay the amounts so retained upon compliance with the requirements of the Public Contract Code Section 22300 and the provisions of the contract documents pertaining to the Substitution of Securities. 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' . a ..... _ ...._. , � . . ,'. I . j ..,� � � 3 ? t �._...._' _,...... - _ ������ 752-14 � � +/- 753,063 SCZFT � �� � � ��' ` � ���o��`°�