No preview available
HomeMy WebLinkAbout2018-1991 2 3 4 5 6 7 8 9 10 11 12 13 14: 15 16 17 18 19� 20 21� 22 23 24 25 26 27 28 RESOLUTION NO.2018-199 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING A CONSTRUCTION CONTRACT WITH MATICH CORPORATION, IN THE AMOUNT OF $2,479,000 AND AUTHORIZING A CONSTRUCTION CONTINGENCY IN THE AMOUNT OF $247,000 FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $2,726,000; AUTHORIZING THE FINANCE DIRECTOR TO AMEND THE FY 2018/19 ADOPTED BUDGET TO ALLOCATE MEASURE I FUNDS TO THE PROJECT; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO SIGN ALL NECESSARY DOCUMENTS; AND AUTHORIZING THE CITY MANAGER TO EXPEND THE CONTINGENCY FUND, IF NECESSARY, TO COMPLETE THE PROJECT BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Matich Corporation, 1596 Harry Sheppard Boulevard, San Bernardino, California 92408 is the lowest responsive responsible bidder for Pavement Rehabilitation at Ten Locations per Plan No. 13194. A contract is awarded to said bidder in a total amount of $2,479,000.00 with a contingency amount of $247,900.00 but such contract shall be effective only upon being fully executed by both parties. All other bids, therefore, are hereby rejected. The City Manager or designee is hereby authorized and directed to execute said contract on behalf of the City. The City Manager or designee is hereby authorized and directed to execute said contingency not to exceed $247,900.00 on behalf of the City. A copy of the contract is on file in the office of the City Clerk and, incorporated herein by reference as though fully set forth at length. SECTION 2. The Director of Finance is authorized to amend FY 2018/19 Budget to allocate Measure I Funds to the project. SECTION 3. The Director of Finance is authorized and directed to issue a Purchase Order in the amount of $2,479,000 to Matich Corporation for this work. SECTION 4. This contract and any amendment or modifications thereto shall not take effect or become operative until fully signed and executed by the parties and no party shall be 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 obligated hereunder until the time of such full execution. No oral agreements, amendments, modifications or waivers are intended or authorized and shall not be implied from any act or course The authorization to execute this contract is rescinded if the parties to the contract fail to execute it and return the fully executed contract to the Office of the City Clerk within sixty (60) days of passage of this Resolution. 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING A CONSTRUCTION CONTRACT WITH MATICH CORPORATION, IN THE AMOUNT OF $2,479,000 AND AUTHORIZING A CONSTRUCTION CONTINGENCY IN THE AMOUNT OF $247,000 FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $2,726,000; AUTHORIZING THE FINANCE DIRECTOR TO AMEND THE FY 2018/19 ADOPTED BUDGET TO ALLOCATE MEASURE I FUNDS TO THE PROJECT; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO SIGN ALL NECESSARY DOCUMENTS; AND AUTHORIZING THE CITY MANAGER TO EXPEND THE CONTINGENCY FUND, IF NECESSARY, TO COMPLETE THE PROJECT I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and City Council of the City of San Bernardino at a Joint Regular Meeting thereof, held on the l st day of August 2018, by the following vote, to wit: Council Members: AYES NAYS MARQUEZ y BARRIOS VALDIVIA X (M) SHORETT y NICKEL RICHARD x X (S MULVIHILL ABSTAIN ABSENT FFA Georgean " Hanna, -C,4', City Clerk The foregoing Resolution is hereby approved this 1" day of Augus 2018. K � R. Carey Da ' , Mayor City of San ernardino Approved as to form: Gary D. Saenz, City Attorney By: /< k�,, , �-, 3 EXHIBIT "A" PROJECT DESCRIPTIONS PROJECT NO. 1 Pavement Preventive Maintenance and Rehabilitation for Various Streets This project includes design and construction of preventive maintenance, such as crack seal and/or slurry seal, and pavement rehabilitation on various streets located in the cities of Highland and San Bernardino. Highland has fronted the environmental and design costs for San Bernardino's improvements in Sectors A, B and C. San Bernardino is to program pavement improvement for its streets located in Sectors A, B and C in FY 2018-19 Budget and Sector D in FY 2019-20 Budget. PROJECT NO.2 Pacific Street Pavement Rehabilitation from Victoria Avenue to Palm Avenue This project includes design and construction of pavement rehabilitation on Pacific Street from Victoria Avenue to Palm Avenue. PROJECT NO. 3 Pacific Street Pavement Rehabilitation from Palm Avenue to Church Avenue This project includes construction of pavement removal and replacement on Pacific Street from Palm Avenue to Church Avenue. The existing pavement is beyond repairs and will require a total reconstruction. A portion of the design is included in the Cooperative Agreement dated May 10, 2016. PROJECT NO.4 Pacific Street Bikeway Improvements from Guthrie Street to Church Avenue This project entails design and construction of signing and striping modifications on Pacific Street from Guthrie Street to Church Avenue with new bike lanes in each direction, to be achieved by reducing lane width and adding striping where none currently exists. Prior to project advertisement, appropriate parking restrictions shall be defined and legislated by each agency. PROJECT NO. 5 Tippecanoe Avenue Pavement Improvements from 9th „Street to Vine Street This project entails design and construction of pavement rehabilitation on Tippecanoe Avenue from 9th Street to Vine Street. San Bernardino is to front and pay for the design and construction of Highland's improvements. Highland is to program the cost of its share for this project in FY 2018-19 Budget. PROJECT NO.6 Street Light Improvements on 3 d Street near Palm Avenue Maintenance onl Through a joint project with Inland Valley Development Agency (IVDA), the City of Highland will pay for construction of a number of street lights located within the City of San Bernardino city limits at the southwest corner of 3rd Street and Palm Avenue. These street lights will be constructed and classified as LS -2 street lights. Upon their completion, City of San Bernardino will take over their maintenance and pay for the energy cost. Ln z 0 ts J H W I 0 w CL w d d N 7 O .` m c O m m s fY -o c �o c m c a� c to c a� a c w E a� a m L a O o CA O U 7 ei aL+ w 0 Z U c W m LU c 00 OCG a CL c i►t cl r f� jl ti � JI OAV-#ajjrA.7. c si? R M il! 0 t OPJUOB J AY 40 . PM POOAUula JIGMSQU r F _. h L N O .` m W C O m CV w m U C m C N c .m v r G a c as E v m � O C y O t � En Q C Z v C W c � C d0 � a Off V. , JOPI I — T PI%A L1e 4i N Vlr t Y! ti '$AV 184ue- C -e11 Q � IA m tll IS I1 c.: c -OAV poplooll„ + Le I SAV40100 N� 0 I" LA .j+ a+� DAV 4OUN 9- Ave M! Go �1 va � 4.& DAV AOIJ-PA3W N CO) cl is M! Go �1 va � 4.& DAV AOIJ-PA3W N CO) I m W a 0 a V O 0 a V) FU iz 0 0 c 0 s c c a� 2 m ++ c a E M L [Z 0 0 C 0 3 a� � U 0 Z v ri c ro W_ C O w W 0 CL Q C+1 T Ave Asplincq Icaa a� a e cy fq kfG tvf C fto IA ... Ln A is EXHIBIT "B" PROJECT LOCATION MAPS PROJECT NO.2 Pacific Street Pavement Rehabilitation from Victoria Avenue to Palm Avenue L PROJECT NO.3 Pacific Street Pavement Rehabilitation from Palm Avenue to Church Avenue Sunrw Ln Bernarctim 'EO - F E 1sth S►_. F . It I Zr�z HISTORICAL 1r 11 —` _L bfsi sic r - r PROJECT NO.4 Pacific Street Bikeway (Road Diet) Construction from Guthrie Street to Palm Avenue E Highland Ave 0 21t) L EXHIBIT "B" PROJECT LOCATION MAPS PROJECT NO.5 Design and Construction of Tippecanoe Avenue from Vine Street to 9"' Street T w I sa rn oe"ddl;. Tippecanoe...Ave w a. 3 N PROJECT NO.6 Construction of Street Lights on 3'd Street near Palm Avenue/Alabama Street SthiSt ' - Sthrst, 3rdrSt= G �C CG G N W W D H z W X000 W F_ - C N m Q N X (' tC W Z 2 O w a O cc CL LU cr a O 2 LA Q 0O 2 � d Iv N M a O Ln C cu w O CLC J C Z 4' o L on W J V 4, Z ami Z W N H Z O Ln Ln Ql 00 00 N C1 V Ln rri LMM �O 00 Ln W 01 O V? . r -I N Z � i/? t4 ih iR H W O1 O O r-1 r -I 00 N Z OC _ ce i N rkD-I an Rt U' H q* r -i r -I O O Ln Ln H t0 LO r -I 00 00 ri ri V1 C) W N f" O M i -I 0 r^i r^ -I Rt 4.4 r -I H pq Lr) N t/'► th t/1 00 4A IA N N M O Lri M M a 00 V M M 00 N O 00 00 O W Z (D V} lzt t/? W i/)- t/). r -I t/). r -I 4A. O N Z t/► co H W r�-I Ln O V0? V0} r- LM Z cC LA ri r� 00 LC N N r -It/} tD LU H t/? t/? V/ - ih CO Z 00 Lr) en Ln ILD 00 H O � � I 0�1� 000 HMH O O N 00 l0 M 11 O LD LD O O � H tN W O� 00 I, M O Ln V1 Z O 00 M 00 t0 LA N J fA it N 01 LD N 00 m L' rtih N M 00 O Ln N r -I A^ tn 4j)- V�- M O� t~!1 00r- O O r -I N O lD -t LO 00 l0 M ri z O n lrlr N to M W J ^ Lo r -I Z 00 rq Q OO LC r i / i} N M M H H Ll) N r -I t/} W O Z Q V? V)- N 0 vq t/► O U J V m O -1 O rn O H Q N N N r -I N O ZIQ a 00 cc m O 0) 00r N 01 H -I O O� O O O Z O VLL CIJ N r4 NO z LU LL uj LL LL \ Z N N LLLL LLLL ISL Q Z O C9 Z _ t3 .0 Q L .-� (1 > t W J OJ ++ Q L +' Ln H' Z Q 41 CC 'O C (U EL O C H Nu m C7 01 V E U W D rc o aJ a, y > p °U L L OJ 9 Y .--. Q i Z v a a> 'm W a; a� ami Q a v m cccc o a= L N aaa w V,a' Z a C c U i U L U W U W N � M Lj U Lj CL Q. Q C. 7 0 C U f0 Ln a - LU LU Ofu O Ln Q M Z CL a a LU cr a O 2 LA Q 0O 2 � d Iv N M a O Ln C cu w O CLC J C Z 4' o L on W J V 4, Z ami Z W N H Z AGREEMENT CITY OF SAN BERNARDINO THIS AGREEMENT is made and concluded this 154 day of bjWSi" , 2018 , between the City of San Bernardino (owner and hereinafter "CITY"), and h1 jG i Gor D c rab o n (hereinafter "CONTRACTOR"). 1. For and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the CITY, and under the conditions expressed in the bond as deposited with the CITY, receipt of which is hereby acknowledged, the CONTRACTOR agrees with the CITY, at the CONTRACTOR's own proper cost and expense in the Special Provisions to be furnished by the CITY, to furnish all materials, tools and equipment and perform ii I i the work necessary to complete in good workmanlike and substantial manner the PAVEMENT REHABILITATION AT TEN LOCATIONS in strict conformity with Plans and Special Provisions No. 13194, and also in accordance with Standard Specifications for Public Works/Construction, 2015 Edition, on file in the Office of the City Engineer, Public Works Department, City of San Bernardino, which said Plans and Special Provisions and Standard Specifications are hereby especially referred to and by such reference made a part hereof. 2. The CONTRACTOR agrees to receive and accept the prices as set forth in the Bid Schedule as full compensation for furnishing all materials and doing all the work contemplated and embraced in this agreement; also for all loss or damage arising out of the nature of the work aforesaid or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work and for all risks of every description connected with the work, also for all expenses incurred by or in consequence of the suspension or discontinuance of work, and for well and faithfully completing the work and the whole thereof, in the manner and according to the Plans and Special Provisions, and requirements of the Engineer under them. 3. The CONTRACTOR herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on the basis of race, color, national origin, religion, sex, marital status, or ancestry in the performance of this contract, nor shall the CONTRACTOR or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection of subcontractors, vendees, or employees in the performance of this contract. Failure by the CONTRACTOR to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as recipient deems appropriate. AGREEMENT: PAVEMENT REHABILITATION AT TEN LOCATIONS PER PLAN NO. 13194 4. CITY hereby promises and agrees with the said CONTRACTOR to employ, and does hereby employ the said CONTRACTOR to provide the materials and to do the work according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions above set forth; and the same parties for themselves, their heirs, executors, administrators, and assigns, do hereby agree to the full performance of the covenants herein contained. 5. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid of said CONTRACTOR, then this instrument shall control and nothing herein shall be considered as an acceptance of said terms of said bid conflicting herewith. IN WITNESS WHEREOF, the parties of these present have hereunto set their hands the year and date first above written. CONTRACTOR Name of Firm: Mckh� �l Cor porn fi n BY: TITLE: Vim Visit MAILING ADDRESS: 10 160 I►1, 1 I, 1 � ii � � � MITI k in Me WIT, 1'1 NOTE: Secretary of the Owner should attest i t' Contractor is a corporation, Secretary should attest. CITY OF SAN BERNARDINO BY: _ Brea M. it ler, City Manager City of San Bernardino ATTEST: Greorgea anna City Clerk APPROVED AS TO FORM: Gary D. Saenz, City Attorney Premium: $15,940.00 Bond No. 24234753 Executed in Four (4) Counterparts Document A312 TM -2010 Conforms with The American Institute of Architects AIA Document 312 Perfonnance Bond CONTRACTOR: (Name, legal status and address)i Matich Corporation 1596 Harry Sheppard Blvd. San Bernardino, CA 92408 OWNER: (Name, legal states and address) City of San Bernardino 201-B North "E" Street, 2nd Floor San Bernardino. CA 92401 SURETY: (Name, legal status amt principal place of business) Liberty Mutual Insurance Company 790 The City Drive South, Suite 200 Orange, CA 92868 Mailing Address far Notices Same as Above This document has Important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONSTRUCTION CONTRACT Date: August 1, 2018 Amount: S 2,479, 000. 00 Two Million Four Hundred Seventy Nine Thousand Dollars and 00/100 Description: (Name and location) Pavement Rehabilitation at Ten Locations per Plan No. 13194 BOND Date: September 12, 2018 (Not earlier than Construction ( ontract Date) Amount S 2,479,000.00 Two Million Four Hundred Seventy Nine Thousand Dollars and 00/100 Modifications to this Bond: ® None See Section 16 CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Matich Corporation Signature: Name Mark T- H' ',A an and Title: — WePoddot SURETY Company: (Corporate Seal) Liberty Mutual Insurance Company Signature 4wift Name Heather Saltarelli and Title: Attorney -in -Fact (Airy additional signatures appear on the last page of this Perfonuance Bond) (FOR INFORt AVON ONLY —Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Alliant Insurance Services, Inc. (Architect, Engineer orotherparty) 1301 Dove St., Suite 200 Newport Beach, CA 92660 (949)756-0271 S-18VJAS 8M0 § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contrail, which is incorporated herein by reference. § 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Section 3. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise atter .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Ommey Contractor and Surety to discuss the Contractor" s performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety's receipt of the Owners notice. If the (honer, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owners right, if any, subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. § 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. § 5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one of the following actions: § 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; § 5.2 Undertake to perform and complete the Construction Contract itself; through its agents or independent contractors; § 5.3 Obtain bids or negotiated proposals Fran qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section T in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or § 5A Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable atter the amount is determined, make payment to the Owner, or .2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. § 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days alter receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 5A, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owns shall be entitled to en force any remedy available to the Owner. S-18WJAS 8110 § 7 If the Surety elects to act under Section S. 1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Section 5; and .3 -liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. § 8 If the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond. § 9 The Surely shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns. § 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor coased working or within two years after the Surety refuses or fails to perform its obligations under this Bend, whichever occurs first. if the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. § 13 When this Bond has been famished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrorn and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so fimiishcd, the intent is that this Boras shall be construed as a statutory bond and not as a common lawbond. § 14 Definitions § 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behal f o f the Contractor under the Construction Contrail. § 14.2 Construction Contract, The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. § 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. § 14.4 Owner Default Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terns of the Construction Contract. § 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 15 if this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the tern Owner shall be deemed to be Contractor. S-18WAS 8110 § 16 Modifications to this bond are as follows: (Space is provided below for additional signahires ofadded parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Signature: Name and Title: Address S-18521AS 8/10 SURETY Company: (Corporate Seal) Signature: Name and Tide: Address CALIFORNIA ALL- PURPOSE CERTIFICATE OF 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 San Bernardino On September 17, 2018 before me, Morgan E. Rierson, Notary Public , leve insert name and title or 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) sure subscribed to the within instrument and acknowledged to me that ((Q5he/they executed the same in is er/their authorized capacity(ies), and that by Is er/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. MORGAN E. RIERSON WITNESS m hand and official seal. Commission No. 2151473 y NOTARY PUBUC-CAUFORNIA n SAN_ BERNARDINO COUNTY My Comm. Expires APRIL 30, 2020 ota P is Signalure (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and DESCRIPTION OF THE ATTACHED DOCUMENT ifneedet; should be completed and attached to the document Acknowledgments from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. (Titre or description of attached document) • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which (Title or description of attached document continued) must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her Number of Pages Document Date commission followed by a comma and then your title (notary public). • Print the namc(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they, is /ere ) or curling the correct forms. Failure to correctly indicate this ❑ Individual (s) information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a (Title) sufficient area permits, otherwise complete a different acknowledgment form. El Partner(s) • Signature of the notary public must match the signature on file with the office of the county cleric. ❑ Attorney -in -Fact . Additional information is not required but could help to ensure this E]Trustee(s) •• acknowledgment is not misused or attached to a different document. Other s'• Indicate title or type of attached document, number of pages and date. E] Indicate the capacity claimed by the signer. If the clauned capacity is a ffi d' tb 'tl CEF corporate o cer, m trate e h e (i.e. O C V, Seerctary). www.NotaryClasses.com 800-873-9865 • Securely attach this document to the signed document with a staple. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CML CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the j document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Califomia County of Orange On SEP 12 2018 before me, Date Lekim H. Luu, Notary Public Here Insert Name and Title of the Officer personally appeared Heather Saltarelli Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the perso�n(g) whose name(} is/am subscribed to the within instrument and acknowledged to me that hatshettl't@y executed the same in his/herltbek authorized capacity(iy}. and that by hiSfherttt eir signature(* on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument. LEKIM H. LUU J Commission # 2135634 Notary Public - California z Orange County D My Comm. Expires Dec 3, 2019 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 ar al seal. Signature ... Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: R Document Date: Number of Pages: ._ _ Signer(s) Other Than Named Above: _ Capacity(ies) Claimed by Signer(s) Signer's Name: Corporate Officer — Title(s): Partner — Limited 71 General Individual 91 Attomey in Fact Trustee fD Guardian or Conservator Other: Signer Is Representing: Signer's Name: ,..._ I Corporate Officer — Title(s): i t Partner -- Limited ° !General 10 Individual C. Attorney in Fact Ej Trustee D Guardian or Conservator --! Other: Signer Is Representing: 02014 National Notary Association • www.NationaiNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 Bond No. 24234753 Payment Bond CONTRACTOR: (Name, legal staters and address) Executed in Four (4) Counterparts Document A312 TM -2010 Conforms with The American Institute of Architects AIA Document 312 Matich Corporation 1596 Harry Sheppard Blvd. San Bernardino, CA 92408 OWNER: (Varna, legal status and address) City of San Bernardino 201-B North "E" Street, 2nd Floor San Bernardino, CA 92401 SURETY: (Nance, legal stains and principal place of business) Liberty Mutual Insurance Company 790 The City Drive South, Suite 200 Orange, CA 92868 Mailing Address for Notices Same as Above This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONSTRUCTION CONTRACT Date: August 1, 2018 Amount: $ 2,479,000.00 Two Million Four Hundred Seventy Nine Thousand Dollars and 00/100 Description: (Name and location) Pavement Rehabilitation at Ten Locations per Plan No. 13194 BOND Date: September 12, 2018 (Not earlier than Construction Contract Date) Amount: $2,479,000.00 Two Million Four Hundred Seventy Nine Thousand Dollars and 00/100 Modifications to this Bond ® None Q See Section 18 CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Matich Corporation Signature: ' d Name Mark T, Hit; ir" and Title: - VI'S (Any additional signatetres appear on the last page ofthis Payment Bond) (FOR WOMWATlONONLY —Name, address and telephone) AGENT or BROKER: Alliant Insurance Services, Inc. 1301 Dove St., Suite 200 Newport Beach, CA 92660 (949)756-0271 S-21491AS tii10 SURETY Company: (Corporate Seal) Liberty Mutual Insurance Company.} Signature: Name Heather Saltarelli and Title: Attorney -in -Fact OWNER'S REPRESENTATIVE: (Architect, Engineer or other party:) § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owncr to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. § 2 If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, then the Surcty and the Contractor shall have no obligation under this Bond. § 3 If there is no Owner Default under the Construction Contract, the Surcty's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment finished for use in the performance of the Construction Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety. § 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense defend, indemnify and hold hamnless the Owner against a duly tendered claim, demand, lien or sail. § 5 The Surety's obligations to a Claimant under this Bond shall arise after the following: § 5.1 Claimants, who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last perforated labor or last furnished materials or equipment included in the Claim; and .2 have sent a Claim to the Surety (at the address described in Section I3). § 5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the address described in Section 13). § 6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to finnish a written notice of non-payment under Section 5.1.1. § 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: § 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days afk r receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and § 7.2 Pay or arrange for payment of any undisputed amounts. § 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Section 7.1 or Section 7.2, the Surety shall indemnify the Claimant for the reasonable attorney% fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. § 8 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided under Section 73, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. § 9 Amounts coved by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all fimds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owners priority to use the fiords for the completion of the work. S-21491AS 8110 § 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf oZ Claimants or otherwise have any obligations to Claimants under this Bond. § 11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were famished by anyone under the Construction Contract, whichever of (1) or (2) fust occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be suffmciert compliance as of the date received. § 14 When this Bond has been famished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy ofthis Bond or shall permit a copy to be made. § 16 Definitions § 16.1 Claim. A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done, or materials or equipment fivaished; .3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance of the Construction Contract; A a brief description of the labor, materials or equipment furnished; .5 the date on which the Claimant last performed labor or last famished materials or equipment for use in the performance of the Construction Contract; .6 the total amount tamed by the Claimant for labor, materials or equipment finnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant; and .8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim. § 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract. The tem Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanies lien may be asserted in the jurisdiction where the labor, materials or equipment were famished § 16.3 Construction Contract The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. 5-21491AS 8110 § 16A Owner Default Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terns of the Constriction Contract § 16.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the tern Owner shall be deemed to be Contractor. § 18 Modifications to this bond are as follows: (Space is provided below for additional signatttres of added parties, other than those appearing on the cover page) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: Signature: _ Name and Title: Address S-2148/AS 8M Signature: Name and Tide: Address (Corporate Seal) CALIFORNIA ALL- PURPOSE CERTIFICATE OF 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 San Bernardino On September 17, 2018 before me, Morgan E. Rierson, Notary Public , Here 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(a share subscribed to the within instrument and acknowledged to me that ie he/they executed the same in Is er/their authorized capacity(ies), and that by Is er/their signature(e) on the instrument the person(a), 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 Califomia that the foregoing paragraph is true and correct. MORGAN E. RIERSON ,q WITNESS my hand and official seal. Commission No. 2151473 NOTARY,PISUC-CALIFORNIA SAN BERNARDINO COUNTY My comm. Expres APRIL 30. 2020 Nota kPW is Signa re (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or desaiption of attached document) (Title or description of attadted document continued) Number of Pages Document Date CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) Other www.NotaryClasses.com 800-873-9865 INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and ifneedea, should be completed and attached to the document Acknowledgments from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i_e. helshe/they; is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible_ Impression must not cover text or lines. If seal impression smudges, re -seal i I a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document ee Indicate title or type of attached document, number of pages and date. ee Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary) • Securely attach this document to the signed document with a staple. CALIFORNIA ALL-PURPOSE ACKNOWLEDC`VENT CML CODE § 1189 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 SEP 12.2018 before me, Date personally appeared Lekim H. Luu, Notary Public Here Insert Name and Title of the Officer Heather Saltarelli Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persoqW whose name(} is/aoa subscribed to the within instrument and acknowledged to me that he/shelffidy executed the same in his/her/their authorized capacity(U), and that by Fisfher/%Wr signature(o on the instrument the person(s}, or the entity upon behalf of which the person(s) acted, executed the instrument. L. KIM H. LUU Commission # 2135634 z •'" w . Notary Public - California D Orange County My Comm. Expires Dec 3J 20, .1 g1 I certify under PENALTY OF PERJURY under the taws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and ffnrial seal. Signature - Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: �.. Capacity(ies) Claimed by Signer(s) Signer's Name: Corporate Officer — Title(s): Partner — Limited 0 General Individual K-1 Attorney in Fact Trustee Cj Guardian or Conservator Other. _ Signer Is Representing: _ Signer's Name: Corporate Officer — Title(s): Partner — Limited .J General Individual 0 Attorney in Fact 0 Trustee a.] Guardian or Conservator Other: Signer Is Representing: _ 02014 National Notary Association - www.NationaiNotary.org -1-800-US NOTARY (1-800-876-6827) Item #5907 TMV 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. Cerbhwte Nu. 8131111.13 Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation 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 West American 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, Rhonda C. Abel; Jeri Apodaca; Maria Guise; Kim Luu; Michael D. Parizino; Rachelle Rheault: Heather Saltarelli; James A. Schaller all of the city of Newport Beach , state of CA each individually if there be more than one named, its tnre 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 seats of the Companies have been affixed thereto this 27th day of June 2018 z 7929 T 1912 " 7497 3 �,y�WhSM+S'P41 �J 4S'si %P.fr�e� l "rKxAtya STATE OF PENNSYLVANIA ss COUNTY OF MONTGOMERY The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West American Insurance Company By David M. Care -1- Assistant Secretary On this 27th day of June , 2018 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty 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 King of Prussia, Pennsylvania, on the day and year first above written. r•� �v�AF� COt91}/ONWfAITk OF PENNSYLYAi £fA Notarial Sea! � /�� z f %J ti %r, I Teresa Pastella, Notary Putilc By: .7/ ` " Uoper MerionTwo.. Montpomery County My Commission Expires Marc: 28, 2021 Teresa Pastella, Notary Public i - c^rr.,1� Member. PtKmsyhazua kssoriate±n or Notaries This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of 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 attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such adomeys-in-fact, subject to the limitations set forth in their respective powers of attomey, 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 attomey-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, >m 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, O 3 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 Z v 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 attorneys -in - fad 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 attorney 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, Renee C. Llewellyn, the undersigned, Assistant Secretary, 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 Attorney 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 'q INs INvAy ti R�Yr •,.c%tNs�k ,a 14is � .� 7412 � r 1447 day of . SEP 12 2018 20 By: V4ir++ Renee C. scant Secretary 204 of 325 O v 1— 0Ja UJ CEL - 0 0Q < M 0 O � to OE LW M O t o O = N a, CD �V .-. C4 E N v o FO•