HomeMy WebLinkAboutC31810 - Highway 111 Resurfacing Project 752-13Contract No. C31810
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: AWARD CONTRACT NO. C31810 FOR CONSTRUCTION OF
THE HIGHWAY 111 RESURFACING PROJECT TO MATICH
CORPORATION, INC., OF HIGHLAND, CALIFORNIA, IN THE
AMOUNT OF $3,109,000 (PROJECT NO. 752-13)
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
CONTRACTOR: Matich Corporation, Inc.-
P.O. Box 10
Highland, CA 92346
DATE: July 12, 2012
CONTENTS: Contract Agreement and Bonds
Contractor's Proposal
Location Map
Recommendation
By Minute Motion:
1. Waive bid irregularity;
2. Award Contract No. C31810 for construction of the Highway 111
Resurfacing Project to Matich Corporation, Inc., of Highland, California,
in the amount of $3,109,000 (Project No. 752-13);
3. Authorize the Director of Finance to set aside a 10 percent contingency
in the amount of $310,900; and
4. Authorize the Mayor to execute agreement.
Funding is available for this project in the 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 and Prop 1 B accounts: 211-4311-433-3320,
and 211-4311-433-3916.
Background
In December of 2007, the California Department of Transportation (Caltrans)
relinquished Highway 111 to the City of Palm Desert. Within the agreement, Caltrans
Staff Report
Award Contract C31810 to Matich Corporation, Inc. (Project 752-13)
July 12, 2012
Page 2 of 3
agreed to pay a stipend in the amount of $2,223,959 to improve the street to an
acceptable condition.
The Highway 111 Resurfacing Project will rehabilitate the entire length of the highway
within the Palm Desert City limits. The project limits extends from Parkview Drive to
Village Court. The project consists of grinding off the top two inches of asphalt, and
recycling the next three inches by cold -milling the existing asphalt concrete, pulverizing
it and reusing it as base paving. After placing the base paving, a two-inch surface
course will be paved.
In addition to the resurfacing, staff included Additive Alternate bid items to repave
Portola Avenue from Fred Waring to Magnesia Falls by utilizing the same recycling
method. The lowest responsive bidder was determined by selecting the lowest
combined cost of the Highway 111 paving and Portola Avenue paving.
A call for bids was advertised, and on June 26, 2012, sealed bids were opened and read
aloud. The following is a summary of the bids received:
Contractor
Location
Bid Amount
Matich Corporation
Highland, CA
$3,109,000
Granite Construction
Indio, CA
$3,314,999
Hardy and Harper
Santa Ana, CA
$3,456,000
Skanska
Riverside, CA
$3,526,285
Sully -Miller
Brea, CA
$3,711,900
Matich Corporation, Inc., submitted the lowest responsive bid (17 percent less than the
engineer's estimate). The resurfacing bid of Highway 111 was $2,790,000 and the
Portola Avenue resurfacing was $319,000; a total of $3,109,000.
Upon reviewing the proposal submitted by the apparent low bidder, an irregularity was
found. Some information related to the percentage of work to be performed was left out
of the subcontractor list. The information helps to ensure that the general contractor
performs more than fifty -percent of the work. The contractor did, however insert the
description of work that the subcontractors would be performing, allowing for the percent
of work to be determined. The City Attorney indicated that the missing data is
immaterial and the irregularity may be waived.
Upon award of this contract, the following is the anticipated timeline for the project. The
contract will be fully executed by August 10, 2012. Construction will commence August
14, 2012. The contract duration for this project is sixty days, so project completion is
expected to be October 13, 2012.
Staff Report
Award Contract C31810 to Matich Corporation, Inc. (Project 752-13)
July 12, 2012
Page 3 of 3
Fiscal Analysis
The City has received Proposition 1 B funds for this project in the amount of
$739,630.24. This will help to reduce the General Fund expenditure.
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.
Prepan�d By:
Departmernt/l lead:
Ryffljayler,yr ject Administrator Mark Gre nwood, P.E.
Director d Public Works
�iTYC�f►tT�TCiLA
Paul S. Gibson, Director of Finance APPROVED.bLNIL�`II
RECEIVED 01MER
Approval:
John M. Vyi*lmuth, City Manager
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NOES: .....
ABSUMM ,,...,_.
ABSTAIN:
VERIFIED BYs
Original on File with City
Officer
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mauchcorp.cor
C — CONTRACTOR'S PROPOSAL
HIGHWAY 111 RESURFACING PROJECT
PROJECT NO. 752-13
CONTRACT NO. C31810
TO: CITY OF PALM DESERT, "CITY"
�t
DATE: n N F ul4 -
BIDDER: Matich Corporation
"CONTRACTOR"
The UNDERSIGNED, "CONTRACTOR", having carefully examined the site and the
Contract Documents for the construction of, HIGHWAY 111 RESURFACING
PROJECT, PROJECT NO. 752-13, CONTRACT NO. C31810, hereby proposes to
construct the work in accordance with the Contract Documents, including Addenda
No(s). J I V for the amount
stated in this Proposal.
By submitting this Proposal, CONTRACTOR agrees with CITY:
That unless withdrawn in person by CONTRACTOR or some person authorized
in writing by CONTRACTOR — not by telephone or telegram — before the time
specified in the Notice Inviting Bids for the public opening of bids, this Proposal
constitutes an irrevocable offer for 60 calendar days after that date.
2. The CITY has the right to reject any or all Proposals and to waive any
irregularities or informalities contained in a Proposal.
3. That the contract shall be awarded only by the governing body of CITY. Said
contract shall only be deemed awarded after the CONTRACTOR'S complete
submission of all contract documents, bonds, insurance documentation, and the
CITY shall obtain all necessary signatures of the governing body, at which time
the contract shall be deemed awarded.
4. To submit to CITY such information as CITY may require to determine the
Bidder's financial standing experience and to perform the work.
5. That the accompanying certified or cashier's check or Bid Bond constitutes a
guarantee that if awarded the contract, CONTRACTOR will execute the
Agreement and deliver the required bonds and certificates of insurance within 10
days after notice of award. If CONTRACTOR fails to execute and deliver said
documents, the check or bond is to be charged with the costs of the resultant
damages to CITY, including but not limited to publication costs, the difference in
money between the amount bid and the amount in excess of the bid which costs
CITY to do or cause to be done the work involved, lease and rental costs,
additional salaries and overhead, increased interest and costs of funding the
project, attorney expense, additional engineering and architectural expense and
Page C-1
a
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cost of maintaining or construction alternate facilities occasioned by the failure to
execute and deliver said documents.
It is understood that the quantities shown hereon, except for those quantities marked
"Lump Sum", are estimates and the final payment will be based upon the actual work
performed, subject to such adjustment and alterations as elsewhere provided herein..
1.
Mobilization
LS
1
$ ,-
$
2.
Traffic Control
LS
1
3.
Clearing and Grubbing
LS
1
✓ y
4.
Lower Manholes and Valves
LS.-
5.
Cold mill full width Highway 111 - 2"
SF
1,422,000
6
Cold In -Place Recycling (CIR) 3" depth
S
SF
1,422,000
7.
Warm Mix Asphalt Overlay — 2"
SF
1,422,000
8.
Signing and Striping
LS
1,-.,µ
9.
Adjust Storm Drain Manhole to Grade
EA
8
10.
TTraffic Signal Loops
EA
465�
TOTAL BASE BID PRICE
-vie,
e i e, '(
Page C-2
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Y
A-1 Mobilization LS 1 $ $
fir;' i
A-2
Traffic Control
LS
1
$
A-3
Lower Manholes and Valves
LS
1
A-4
Cold mill Portola Avenue 1.5 Header
Cut
SF
39,000
A-5
Cold In -Place Recycling (CIR) 3" depth
(S)
SF
175,000
,...
A-6
Warm Mix Asphalt Overlay 1.5
SF
175,000
A-7
Signing and Striping
LS
1
$ f , ,,
$14f e'ret"r-
A-8
Adjust Storm Drain Manhole to Grade
EA
6
$
A-9
Traffic Signal Loops
EA
50
$
$
TOTAL ALTERNATE #1 BID PRICE
Page C-3
matichcorp.com
The costs of any work shown or required in the Plans and Specifications, but not
specifically identified as a Pay Item are included in the related Pay Item(s), and no
additional compensation shall be due CONTRACTOR by virtue of CONTRACTOR'S
compliance with the Plans and Specifications.
The low bid will be determined by calculating the sum of the total Base Bid Price
and the Total Alternative #1 Bid Price. No consideration will be given to
Alternative #2 with respect to determining the low bidder.
TOTAL AMOUNT BASE BID PLUS ALTERNATIVE #1 IN FIGURES $ f t'cI,t' ( C
TOTAL AMOUNT BASE BID PLUS ALTERNATIVE #1 IN WORDS 7 1-4'4 t
IN WITNESS WHEREOF CONTRACTOR executed this proposal as of date set forth on
Page C-1: _
By: '.
Signature Robert M. Matich
Title: Vice President
CONTRACTOR
State of California )
County of San Bernardino )
Subscribed and sworn to (or affirmed) before me on this M day of &ne
(month), U ('Z (year), by Robert M. a isyice President
proved to me on the basis of satisfactory evidence to be the person(s)
who appeared before me.
r � �
Signature of Notary (Seal of Notary)
e a al t Notary Public
MEGAN NADALET
COMM. #1951226
IE NOTARY PUBLIC - CALIFORNIA
SAN BERNARDINO COUNTY
My Comm. Expires Oct. 5, 2015
aveaot�vv
Page C-4
wul P-uu rl
D - INFORMATION REQUIRED OF BIDDER
The bidder is required to supply the following information. Additional sheets may be
attached if necessary.
(1) Address 1595 Harry Sheppard Blvd. San Bernardino, CA 924oa
(2) Telephone No. 909 382-74M
(3) Type of Firm (Individual, Partnership or Corporation) Corporation
(4) Corporation organized under the laws of the State of California
(5) Contractor's License No. 149783 Exp. Date 11-30-13
Contractor hereby swears under penalty of perjury that this information provided is true
and correct.
BY ' -'`� -> '`� Title: Vice President
Signature Robert M. Matich Contractor
(6) List the names and addresses of all owners of the firm or names and titles of all
officers of the corporation:
See Attached Corporate Resolution
(7)
(8)
Number of years' experience as a Contractor in construction work 6( L'
List at least three similar projects completed recently:
Contract Amount
Class of Work
Date Completed
Name, Address &
Tele hone No. of Owner
2.
3.
3
Page D-1
Matich Corporation
� _ f
CORPORATE RESOLUTION
At a meeting of the Board of Directors of MATICH CORPORATION, a California
Corporation duly called and held on the 26th day of July, 2010, a quorum being present,
the following RESOLUTION was adopted:
"Resolved, the Corporate Officers for Matich Corporation are
PRESIDENT Stephen A. Matich
VICE PRESIDENT & TREASURER Randall S. Valadez
VICE PRESIDENT & CORPORATE SECRETARY Patrick A. Matich
VICE PRESIDENT — ENGINEERING Robert M. Matich
FURTHER RESOLVED, that the above listed Corporate Officers are duly authorized to
sign documents (bids, contracts, etc.) as may be necessary on behalf of MATICH
CORPORATION
I, Patrick A. Matich, Secretary of MATICH CORPORATION have compared the
foregoing RESOLUTION with original thereof, as it appears on the records of the Board
of Directors of said company, and do so certify that the same is a true and correct
transcript there from, and of the whole said original RESOLUTION.
I further certify that said RESOLUTION has not been amended or revoked and is still in
full force and effect.
IN WITNESS THEREOF, I have hereunto set my hand as such Secretary this 26th day of
July, 2010.
LL
Patrick A. Matich, Secretary
1596 HARRY SHEPHARD BLVD, SAN BERNARDINO - TELEPHONE (909) 382-7400 - FAX (909) 382.0113
www.matichcorp.com
matichcorp.com
(9) Pursuant to California Public Contracting Code, Section 4100 et. Seq., the
following list gives the name business address, and portion of work (description
of work to be done) for each subcontractor that will be used in the work if the
bidder is awarded the Contract, (Additional supporting data may be attached to
this page. Each page shall be sequentially numbered, and headed "Proposed
Contractors" and shall be signed.) The Bidder shall list all subcontractors who
will perform work or labor or render service to the prime contractor in excess of
one-half of one percent of the prime's bid.
Subcontractor's Name:
License Number:
Business Address:
Telephone:
Work Description:-:^ -'' =` - Percent of Work:
Subcontractor's Name:
License Number:
Business Address:
Telephone:
Work Description: `'.:b Percent of Work:
Subcontractor's Name:
License Number:
Business Address:
Telephone: o' `, %} r
Work Description: - �. '" Percent of Work:
Matich Corporation
Name of Bidder
(10) List the name of the person who
:
firm '�,
Signature of Bidder Robert M. Mauch
Vice President
the site of the proposed work for your
(11) A financial statement or other information and references sufficiently
comprehensive to permit an appraisal of your current financial condition may be
required by the City.
Page D-2
matichcorp.com
E — NONCOLLUSION DECLARATION
To be Executed by Bidder and Submitted with Bid
The undersigned declares:
Robert M. Matich
1pm the Vice Presiderd of Matich Corporabon the
party making the foregoing bid. The bid is not made in the interest of, or on behalf of,
any undisclosed person, partnership, company, association, organization, or
corporation. The bid is genuine and not collusive or sham. The bidder has not directly
or indirectly induced or solicited any other bidder to put in a false or sham bid. The
bidder has not directly or indirectly colluded, conspired, connived, or agreed with any
bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has
not in any manner, directly or indirectly, sought by agreement, communication, or
conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any
overhead, profit, or cost element of the bid price, or of that of any other bidder. All
statements contained in the bid are true. The bidder has not, directly or indirectly,
submitted his or her bid price or any breakdown thereof, or the contents thereof, or
divulged information or data relative thereto, to any corporation, partnership, company,
association, organization, bid depository, or to any member or agent thereof, to
effectuate a collusive or sham bid, and has not paid, and will not pay, any person or
entity for such purpose.
Any person executing this declaration on behalf of a bidder that is a corporation,
partnership, joint venture, limited liability company, limited liability partnership, or any
other entity, hereby represents that he or she has full power to execute, and does
execute, this declaration on behalf of the bidder.
I declare under penalty of perjury under the laws of the State of California that
the foregoing is true and correct and that this declaration is executed on
AM tq 2012, at -0 1
aw Nra�lfl a�
City State
r
a
Robert M. Matich
Signature
Title: Vice President
CONTRACTOR
See attc+r�
Page E-1
matichcorp.com
ACKNOWLEDGMENT
State of California
County of San Bernardino
On 3 U {y 1A I "V I before me, Megan Nadafet, Notary Public
(insert name and title of the officer)
personally appeared Robert M. Matich
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their.signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal. MEGAN NADq ET
COMM, #1951226
Ex NOTARY PUBLIC - CALIFORNIA Cr
�Rr'k 5AN BEkNARDINO COUNTY
M1 Comm. Expires Oct. 5, 2015
Signature (Seal)
F - BIDDER'S BOND
To Accompany Proposal
KNOW ALL MEN BY THESE PRESENTS,
That we, Matich Corporation as principal,
and Liberty Mutual Insurance Compan as surety, are held and
firmly bound unto the City of Palm Desert in the sum of $ t �,Zou'�ed (10% of bid)
to be paid to the said City or its certain attorney, its successors and assigns; for which
payment, well and truly to be. made, we bind ourselves, our heirs, executors and
administrators, successors or assigns, Jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the certain proposal of the
above bounden principal to perform certain work described as follows:
HIGHWAY 111 RESURFACING PROJECT
PROJECT NO.752-13
CONTRACT NO. C31810
The general items of work to be done hereunder consist of: Cold Milling Asphalt, Cold
In -Place Recycling, Asphalt Paving, Adjusting Manhole and Valve Frames and Covers
to grade, Installing Traffic Signal Loop Detectors, Striping, Traffic Control, and other
duties necessary for full execution of the project,
and dated June 19, 2012 is accepted by the City of Palm Desert,
and if the above bounden principal Matich Corporation shall
duly enter into and execute a contract for such construction, and shall execute and
deliver the Performance Bond and Payment Bond and insurance certificates as required
by said contract, then this obligation shall become null and void; otherwise it shall be
and remain in full force and effect.
Should It become necessary for the City to institute a lawsuit, or any other legal
proceeding to enforce the terns and conditions of this bond, then all costs of said
proceeding, including attorneys fees, shall be awarded to the prevailing party.
[Remainder of this page has intentionally been left blank
Signature blocks are contained on the next page]
Page F-1
matichcorp.com
IN WITNESS WHEREOF, We hereunto set our Hands and Seals this 4th day
Of June 2012
Contractor's Name: Matich
Contractor's Sianature:
Title:
Robert M. Matich Vice President
Address: 1596 Harry Sheppard Blvd., San Bernardino, CA 92408
Telephone: _ (909) 382-7428
Surety's Name: LibSrty.Mutual Insurance,Com
Surety's Signature: VGA-'
Nanette Myers
Title: Attorney -In -Fact
Address: 330 N. Brand Blvd., Suite 500, Glendale, CA 91203
Telephone: (818) 956-4338
Acknowledgment
State of California )
County of Orange }
On 6/4/2012 before me, K. Luu, Notary Public
personally appeared Nanette Myers
, who proved to me on the basis of
satisfactory evidence to be the persons) whose name(s) isla s subscribed to the within
instrument and acknowledged to me that Jw/sheltbn executed the same in WalherWmIt
authorized capacity(ies;), and that by his/her/ttmnr signature(s) on the instrument the
person(st), 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 sea].
Signature (Seal)
Page F-2
,gym K. LUU�
Commission # 1955906
Notary Public - California n
Orange County
My Comm. Expires Nov 6, 2015
matichcorp.com
ACKNOWLEDGMENT
State of California
County of San Bernardino )
On ()1 m la , t") before me, Megan Nadalet, Notary Public
(insert name and title of the officer)
personally appeared Robert M. Matich
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal. IVIEGAN NADAT
COMM. #1951226
' f NOTARY PUBLIC • CALIFORNIA
SA N BERNARDINO COUNTY
�< Signature (Seal) MY Comm. Expires Oct. 5, 2015
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 4880828
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.
LIBERTY MUTUAL INSURANCE COMPANY
BOSTON,MASSACHUSETTS
POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts stock insurance company,
pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint RHONDA C. ABEL, JERI APODACA,
NANETTE MYERS, MICHAEL D. PARIZINO, JAMES A. SCHALLER, RACHELLE RHEAULT, KIM LUU, ALL OF THE CITY OF NEWPORT BEACH, STATE OF CALIFORNIA
, each individually if there be more than one named, its true and lawful attomey-in-fact to make, execute, seal, acknowledge and deliver, for and on its
behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding
FIVE HUNDRED MILLION AND 00/100*•*••*`•"*"•••**"*""*""*"*"""**""*"**"••**•*"••*"*"*•*•**•***••*•• DOLLARS ($ 500,000,000.00**••*—**"*"•**"•*""**"*) each, and the
execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the Company
as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons.
That this power is made and executed pursuant to and by authority of the following By-law and Authorization:
ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the
chairman or the president may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make,
execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -
in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and
execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if
signed by the president and attested by the secretary.
By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys -in -fact:
Pursuant to Article XIII, Section 5 of the By -Laws, David M. Carey, Assistant Secretary of Liberty Mutual Insurance Company, is hereby authorized
to appoint such attorneys -in -fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety
any and all undertakings, bonds, recognizances and other surety obligations.
That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of Liberty
Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this day of 26th day of September
2011
r �t LIBERTY MUTUAL INSURANCE COMPANY
By
David M. Carey, Aggistant Secretary
COMMONWEALTH OF PENNSYLVANIA ss
COUNTY OF MONTGOMERY
On this 26th day of September 1 2011 , before me, a Notary Public, personally came David M. Carev, to me known, and
acknowledged that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed
the above Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said
corporation.
IN TESTIMONY
first above writte
subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year
B
Tere a Pastella, Notary Public
CERTIFICATE `ypLt,`-
1, the undersigned, Assist arty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing is
a full, true and correct copy, a and effect on the date of this certificate; and I do further certify that the officer or official who executed the said
power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys -in -fact as provided in Article XIII,
Section 5 of the By-laws of Liberty Mutual Insurance Company.
This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following
vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980.
VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified
copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company with the
same force and effect as though manually affixed. JUN 0 4 2012
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company, this day of
rSC��rq,.r:•�a
Gregory Davenport, Assistant Secretary
Contract No. C31810
AGREEMENT
THIS AGREEMENT is made and entered into this 12th day of July, 2012, 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 Proposal for the construction of
CITY Project,
1. HIGHWAY 111 RESURFACING PROJECT, PROJECT NO. 752-13,
CONTRACT NO. C31810, in strict accordance with the Contract Documents
identified below, CITY has accepted said Proposal.
2. CONTRACTOR states that it has re-examined its CONTRACTOR'S Proposal
and found it to be correct, has ascertained that its Subcontractors are properly
licensed and possess the requisite skill and forces, has examined the site and
Contract in accordance with the Contract Documents for the money set forth in
its Proposal to be paid as provided in the Contract Documents.
AGREEMENT:
IT IS AGREED BY THE PARTIES AS FOLLOWS:
1. Contract Documents: The entire contract consists of the following: (a) The
Agreement; (b) The Notice Inviting Bids; (c) The Instruction to Bidders; (d) The
Contractor's Proposal; (e) The Bidder's Bond; (f) The Performance Bond; (g)
The Payment Bond; (h) The General Specifications; (i) The Special Provisions;
0) The Standard Specifications as modified in other portions of the Contract
Documents; (k) The Plans; (1) Addenda Nos..1 and 2; (m) The Determination of
Prevailing Wage Rates for Public Work; (n) Any Change Orders issued; (o) Any
additional or supplemental specifications, notices, instructions and drawings
issued in accordance with the provisions of the Contract Documents. All of said
Documents presently in existence are by this reference incorporated herein as if
here set forth in full and upon the proper issuance of their documents they shall
likewise be deemed incorporated.
2. Contractor shall commence the work within ten calendar days after the date of
the Notice to Proceed and will do all things necessary to construct the work
generally described in Recital No. 1 in accordance with the Contract Documents
and will complete said work within 60 Calendar Days from the Notice to Proceed
date to the satisfaction of the Engineer.
Contract No. C31810
3. Contractor agrees to indemnify, defend and save CITY and its officers, agents
and employees, and the Engineer harmless from:
a. Any and all liability, claims, damages, losses or injuries to any person or
other entity, including injury to Contractor's employees, and all claims
which arise from or are connected with the negligent performance of or
failure to perform the work or other obligations of this Agreement, or.which
are caused or which are claimed to be caused by the negligent or
intentional acts or omissions of Contractor, its subcontractors, its agents
or employees, and, all expenses of investigating and defending against
same,
b. Any and all liability, claims, damages, losses or injuries to any and all
contractors, subcontractors, material -men, laborers, or any other person,
firm or corporation furnishing or supplying work, services, materials or
supplies in connection with the performance of the Agreement.
C. Attention is directed to the General Specifications - Claims, Liability, and
Indemnity Agreement/Hold Harmless sections, which specifications are
made part of this Agreement as set forth in Agreement paragraph 1,
above.
d. Attention is directed to Section 6-9, "Liquidated Damages" of the Standard
Specifications and is hereby amended to substitute the "City of Palm
Desert" in place of "Agency." Liquidated damages shall be $1,000.00
dollars per calendar day of delay.
4. Should any litigation or arbitration be commenced between the parties
concerning the works of improvements as referenced herein, the prevailing party
in any such litigation, being the CITY or the Contractor, should be entitled to a
reasonable sum for attorney's fees incurred in any such litigation relating to this
Contract.
5. This Agreement shall be binding upon all parties hereto and their respective
heirs, executors, administrators, successors, and assigns.
6. Contractor shall be paid in the manner set forth in the Contract Documents the
amount of its Proposal as accepted by CITY, subject to such additions and
deductions as may be made pursuant to the Contact Documents and applicable
law.
Satisfactory Performance: The prime Contractor agrees to pay each
Subcontractor under this prime contract for satisfactory performance of its
contract no later than 10 days from the receipt of each payment the prime
Contractor receives from City of Palm Desert. Any delay or postponement of
payment from the above referenced time frame may occur only for good cause
following written approval of the City of Palm Desert.
Contract No. C31810
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.
[Remainder of this page has intentionally been left blank.
Signature blocks are contained on the next page]
Contract No. C31810
CONTRACTOR:
BY:
Signature to be notarized
TITLE:
CITY:
BY:
Signature to be notarized
TITLE: Mavor of Palm Desert. CA
APPROVED AS TO CONTENT:
MARK GREENWOOD, P.E.
DIRECTOR OF PUBLIC WORKS
ATTEST BY:
TITLE:
ATTEST BY:
TITLE: City Clerk of Palm Desert, CA
APPROVED AS TO FORM:
DAVID J. ERWIN
CITY ATTORNEY
Contract No. C31810
CONTRACTOR ACKNOWLEDGMENT
State of California )
) SS.
County of )
On , 20 , before me, , a
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California
that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
State of California
County of
Riverside
CITY ACKNOWLEDGMENT
) SS.
(seal)
On , 20 , before me, , a
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California
that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
Contract No. C31810
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:
HIGHWAY 111 RESURFACING PROJECT
PROJECT NO. 752-13
CONTRACT NO. C31810
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
Three Million One -Hundred Nine Thousand Dollars and No Cents
Dollars ($3,109,000), being 100% of the contract amount in lawful money of the United
States of America for the payment of which sum well and truly to be made, we hereby
bind ourselves, our heirs, executors, administrators, and successors, jointly and
severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounded
Principal, his executors, heirs, administrators, and successors, or assigns, shall in all
things stand to and abide by, and well and truly keep and perform the covenants and
agreements in the said contract and any alterations thereof made as therein provided,
on his or their part, to be kept and performed at the time and in the manner therein
specified, and in all respects according to their true intent and meaning, and shall
indemnify and save harmless the City, its officers and agents, as therein stipulated, then
this obligation shall become null and void; otherwise, it shall be and remain in full force
and virtue.
And the said Surety, for value received, hereby stipulates and agrees that no
change, extension of time, alteration or addition to terms of the contract or to the work to
be performed thereunder or the specifications accompanying the same shall in any wise
affect its obligations on this bond, and it does hereby waive notice of any such change,
extension of time, alterations or additions to the terms of the contract or to the work or
the specifications.
Should it become necessary for the City to institute a lawsuit or any other legal
proceeding to enforce the terms and conditions of this bond, then all costs of said
proceeding, including attorneys' fees, shall be awarded to the prevailing party.
Contract No. C31810
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
INSURANCE COMPANY and/or AGENT
ADDRESS
TELEPHONE NUMBER
State of California
County of
before me,
PRINCIPAL
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. C31810
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Desert (sometimes referred to hereinafter as
"Obligee") has awarded to Matich Corporation, Inc. (hereinafter designated as the
"CONTRACTOR"), an agreement dated July 12, 2012 described as follows: HIGHWAY
111 RESURFACING PROJECT, PROJECT NO. 752-13, CONTRACT NO. C31810,
(hereinafter referred to as the "Contract"); and
WHEREAS, said CONTRACTOR is required to furnish a bond in connection with said
Contract, and pursuant to Section 3247 of the California Civil Code;
NOW, THEREFORE, we, Matich Corporation, Inc. the undersigned
CONTRACTOR, as Principal, and a corporation
organized and existing under the laws of the State of , and
duly authorized to transact business under the laws of the State of California, as Surety,
are held and firmly bound unto the City of Palm Desert and to any and all persons,
companies or corporations entitled to file stop notices under Section 3181 of the
California Civil Code, in the sum of Three Million One -Hundred Nine Thousand Dollars
and No Cents Dollars ($3,109,000), said sum being not less than one hundred percent
(100%) of the total amount payable by the said Obligee under the terms of the said
Contract, for which payment well and truly to be made, we bind ourselves, our heirs,
executors and administrators, successors and assigns, jointly and severally, firmly by
these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if said CONTRACTOR, his or
its heirs, executors, administrators, successors or assigns, or Subcontractors, shall fail
to pay for any materials, provisions or other supplies, implements, machinery or power
used in, upon, for or about the performance of the Public Work contracted to be done,
or to pay any person for any work or labor of any kind, or for bestowing skills or other
necessary services thereon, or for amounts due under the Unemployment Insurance
Code with respect to such work or labor, or for any amounts required to be deducted,
withheld, and paid over to the Employment Development Department from the wages of
employees of said CONTRACTOR and his or its Subcontractors pursuant to Section
13020 of the Unemployment Insurance Code with respect to such work and labor as
required by the provisions of Section 3247 through 3252 of the Civil Code, or for any
amounts required to be deducted, withheld, and paid over to the Franchise Tax Board
or Internal Revenue Service from the wages of employees of the CONTRACTOR or his
or its Subcontractors, the Surety or Sureties hereon will pay for the same in an amount
not exceeding the sum specified in this bond, otherwise the above obligation shall be
void. In addition to the provisions herein above, it is agreed that this bond will inure to
the benefit of any and all persons, companies and corporations entitled to serve stop
notices under Section 3181 of the Civil Code, so as to give a right of action to them or
their assigns in any suit brought upon this bond.
Contract No. C31810
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:
(Typed Name of CONTRACTOR)
(Signature)
(Typed Name and Title)
The rate of premium on this bond is $
SURETY:
(Typed Name of Surety)
(Signature of Attorney -in -Fact)
(Typed Name of Attorney -in -Fact)
The total amount of premium charged: $
(the above must be filled in by corporate surety).
per thousand.
IMPORTANT: Surety companies executing bonds must possess a certificate of
authority from the California Insurance Commissioner authorizing them to write surety
insurance defined in Section 105 of the California Insurance Code, and if the work or
project is financed, in whole or in part, with federal, grant or loan funds, it must also
appear on the Treasury Department's most current list (Circular 570 as amended).
THIS IS A REQUIRED FORM.
Any claims under this bond may be addressed to:
(Name, Address and Telephone No. of Surety)
(Name, Address and Telephone No. of agent or representative for service of process in
California if different from above)
Contract No. C31810
State of California
County of
M,
Acknowledgment
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)
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