HomeMy WebLinkAboutA8910 - MATICH CORPORATION (CP 21-01)2 Originals: Contract Change Order No. 1
Contract
Company Name:
Company Contact:
Summary of Services:
Contract Price:
Funding Source:
Contract Tenn:
C�Z/.3110 A.T46
Matich Corporation
Danielle Fox, Project Manager
CP 21-01, 2021 Pavement Rehabilitation
$5,543,681.01 (includes CCO #1 for-$214,518.99)
21-01-MEAS J-MEAS J STR-PAVMTREHAB
To be determined by the Notice to Proceed
Contract Administration
Lead Department: Development Services - Engineering Division
Contract Administrator: Joel Montalvo/Michael Lytar
Contract Approvals
Council Approval Date:
Agenda Item No.:
Contract Change Order No. 1:
Agreement Number:
Contract Compliance
July 22, 2021
Item I.J.
TBD
A8910
Exhibits:
On file
Signatures:
Attached
Insurance:
On file
Bonds:
On file
Contract prepared by: Engineering Division
Submitted on: 04/28/2022 By: Vonda Teed I'
April 15, 2022
To: Matich Corp
1596 Harry Sheppard Blvd.
San Bernardino, CA 92408
Attn: Dani Fox
CHANGES IN WORK:
CITY OF PALM SPRINGS
CONTRACT CHANGE ORDER
Project No:
Project:
Change Order No:
Agreement No.:
Purchase Order:
21-01
2021 Pavement Rehabilitation
01 (One)
A8910
22000501
This is a final, balancing, change order. This change order is inclusive of all project quantities and represents
the final contract amount.
Bid Schedule A
Item
Description
Quantity
Adjustment
Unit Price
Amount
20
Boxing Club Parkin Lot
-16,500
$2.80
-$46,200
23
Field Orders
-.804)
$200,000
(-$160,889.87
Total Deductions Bid Schedule A: ($-207,089.87)
Bid Schedule B
Item
Description
Quantity
Adjustment
Unit Price
Amount
4
Remove Existing Curb/Gutter and Footing
Excavation
(9)
$75.00
(-$675.00)
5
Construct Masonry Retaining Wall
-13
$190.00
-$2,470.00
7
Construct Curb and Gutter
-8
$44.00
-352.00
17
Field Orders
-0.315
$12,500.00
(-$3,932.12
Total Deductions Bid Schedule B:
($-7,429.12)
TOTAL CHANGE ORDER DEDUCT AMOUNT: ($-214,518.99)
Contract Change Order No. 01
CP 21-01
Page 2
SUMMARY OF COSTS:
Original Contract Amount: $ 5,758,200.00
This Change Order: $ (-214,518.99)
Previous Change Order(s): $ 0.00
Revised/Final Contract Amount: $ 5,543,681.01
I have received a copy of this Change
Matich Corp.
City of Palm Springs
�26I Z.v
Approved By:
Attest By:
Distribution:
Original Conformed Copy:
Contractor (1)
City Clerk (1)
the above AGREED PRICES are acceptable to Contractor
and
Joel Montalvo, City Engineer
/
Monique Y. L eli, Interim City Clerk
Conformed - File Co
Engineering Pay File
(1)
City Project File
(1)
Purchasinq
(1)
Finance
(1)
y_ u- zz
Date
Z:�ZZ
Date
AGREEMENT
(CONSTRUCTION CONTRACT)
THIS AGREEMENT made this 22 day of July , 2021, by and between
the City of Palm Springs, a charter city, organized and existing in the County of Riverside,
under and by virtue of the laws of the State of California, hereinafter designated as the
City, and Matich Corporation hereinafter
designated as the Contractor.
The City and the Contractor, in consideration of the mutual covenants hereinafter set forth,
agree as follows:
ARTICLE 1 --THE WORK
For and in consideration of the payments and agreements to be made and performed by
City, Contractor agrees to furnish all materials and perform all work required to complete
the Work as specified in the Contract Documents, and as generally indicated under the
Bid Schedule(s) for the Project entitled:
2021 Pavement Rehabilitation
CITY PROJECT NO. 21-01
The Work comprises of furnishing all materials, equipment, tools, labor, incidentals,
all implied requirements, and all appurtenant work as required to complete
construction of a new concrete area near the south end of the Wastewater Treatment
Plant, removal of existing and construction of a new roadway to address drainage
and slope, the installation and completion of new water service to wash down
biosolids and street sweeper areas, and the installation and completion of new
electrical service to provide lighting and surveillance for the south end of the plant as
detailed within the contract documents.
ARTICLE 2 -- COMMENCEMENT AND COMPLETION
The Work to be performed under this Contract shall commence on the date specified in
the Notice to Proceed by the City, and the Work shall be fully completed within the time
specified in the Notice to Proceed.
The City and the Contractor recognize that time is of the essence of this Agreement, and
that the City will suffer financial loss if the Work is not completed within the time specified
in Article 2, herein, plus any extensions thereof allowed in accordance with applicable
provisions of the Standard Specifications, as modified herein. The parties also recognize
the delays, expense, and difficulties involved in proving in a legal proceeding the actual
loss suffered by the City if the Work is not completed on time. Accordingly, instead
of requiring any such proof, the City and the Contractor agree that as liquidated damages
or delay (but not as a penalty), the Contractor shall pay the City the sum specified in Section
6-9 of the Special Provisions for each calendar day that expires after the time specified in
Article 2, herein. In executing the Agreement, the Contractor acknowledges it has
reviewed the provisions of the Standard Specifications, as modified herein, related to
liquidated damages, and has made itself aware of the actual loss incurred by the City due
to the inability to complete the Work within the time specified in the Notice to Proceed. This
2021 PAVEMENT REHABILITATION
CITY PROJECT NO. 21-01 AGREEMENT FORM
AGREEMENT AND BONDS - PAGE 1
55575.18165\32900158.2
Section does not exclude recovery of other damages specified in the Contract Documents.
Liquidated damages may be deducted from progress payments due Contractor, Project
retention or may be collected directly from Contractor, or from Contractor's surety. These
provisions for liquidated damages shall not prevent the City, in case of Contractor's
default, from terminating the Contractor.
ARTICLE 3 -- CONTRACT PRICE
The City shall pay the Contractor for the completion of the Work, in accordance with the
Contract Documents, in current funds the Contract Price(s) named in the Contractor's Bid
Proposal and Bid Schedule(s), and any duly authorized Construction Contract Change
Orders approved by the City. The amount of the initial contract award in accordance with
the Contractor's Bid Proposal is $5,758,200.
Contractor agrees to receive and accept the prices set forth herein, as full compensation
for furnishing all materials, performing all work, and fulfilling all obligations hereunder.
Said compensation shall cover all expenses, losses, damages, and consequences arising
out of the nature of the Work during its progress or prior to its acceptance including those
for well and faithfully completing the Work and the whole thereof in the manner and time
specified in the Contract Documents; and, also including those arising from actions of the
elements, unforeseen difficulties or obstructions encountered in the prosecution of the
Work, suspension of discontinuance of the Work, and all other unknowns or risks of any
description connected with the Work.
ARTICLE 4 -- THE CONTRACT DOCUMENTS
The Contract Documents consist of the Notice Inviting Bids, Instructions to Bidders, the
prevailing rate of per diem wages as determined by the Director of the California Department
of Industrial Relations, the accepted Bid and Bid Schedule(s), List of Subcontractors, Local
Business Preference Program — Good Faith Efforts, Non -Discrimination Certification, Non -
Collusion Declaration, Bidder's General Information, Bid Security or Bid Bond, this
Agreement, Worker's Compensation Certificate, Performance Bond, Payment Bond,
Standard Specifications, Special Provisions, the Drawings, Addenda issued during bidding
(if any), and all Construction Contract Change Orders and Work Change Directives which
may be delivered or issued after the Effective Date of the Agreement and are not attached
hereto.
ARTICLE 5 -- MUTUAL OBLIGATIONS
For and in consideration of the payments and agreements to be made and performed by
the City, the Contractor agrees to furnish all materials and perform all work required for the
above stated project, and to fulfill all other obligations as set forth in the aforesaid Contract
Documents.
City hereby agrees to employ, and does hereby employ, Contractor to provide the
materials, complete the Work, and fulfill the obligations according to the terms and
conditions herein contained and referred to, for the Contract Price herein identified, and
hereby contracts to pay the same at the time, in the manner, and upon the conditions set
forth in the Contract Documents.
2021 PAVEMENT REHABILITATION
CITY PROJECT NO. 21-01 AGREEMENT FORM
AGREEMENT AND BONDS - PAGE 2
55575.18165\32900158.2
Contractor specifically acknowledges and agrees to be bound by the Wage Rates and
Labor Code requirements specified in the Contract Documents, including the requirement
to furnish electronic certified payroll records directly to the Labor Commissioner (via the
Division of Labor Standards Enforcement), and shall pay the general prevailing rate of per
diem wages as determined by the Director of the Department of Industrial Relations of the
State of California.
ARTICLE 6 -- PAYMENT PROCEDURES
The Contractor shall submit Applications for Payment in accordance with the Standard
Specifications as amended by the Special Provisions. Applications for Payment will be
processed by the City Engineer as provided in the Contract Documents.
ARTICLE 7 -- NOTICES
All notices shall be in writing and either served by personal delivery or mailed to the
other party. Written notice to the Contractor shall be addressed to Contractor's
principal place of business unless Contractor designates another address in writing
for service of notice. Notice to the City shall be addressed to the City as designated
in the Notice Inviting Bids unless the City designates another address in writing for
service of notice. Notice shall be effective upon receipt or five (5) calendar days
after being sent by first class mail, whichever is earlier. Notice given by facsimile
shall not be effective unless acknowledged in writing by the receiving party.
ARTICLE 8 -- INDEMNIFICATION
The Contractor agrees to indemnify and hold harmless the City, and all of its officers and
agents from any claims, demands, or causes of action, including related expenses,
attorney's fees, and costs, based on, arising out of, or in any way related to the Work
undertaken by the Contractor hereunder. This Article 8 incorporates the provisions of
Section 7-15 "Indemnification," of the Special Provisions, which are hereby referenced
and made a part hereof.
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Contractor agrees to fully comply with all applicable federal and state labor laws
including, without limitation California Labor Code Section 1720, et seq., and 1770,
et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq.
("Prevailing Wage Laws"). Contractor shall bear all risks of payment or non-payment of
prevailing wages under California law, and Contractor hereby agrees to defend,
indemnify, and hold the City, its officials, officers, employees, agents and volunteers, free
and harmless from any claim or liability arising out of any failure or alleged failure to
comply with the Prevailing Wage Laws.
Contractor specifically acknowledges and agrees to be bound by the Wage Rates and
Labor Code requirements specified in the Contract Documents, including the requirement
to furnish electronic certified payroll records directly to the Labor Commissioner (via the
Division of Labor Standards Enforcement), and shall pay the general prevailing rate of
per diem wages as determined by the Director of the Department of Industrial Relations
of the State of California.
2021 PAVEMENT REHABILITATION
CITY PROJECT NO. 21-01 AGREEMENT FORM
AGREEMENT AND BONDS - PAGE 3
55575.18165\32900158.2
ARTICLE 10 -- CONFLICT OF INTEREST
Contractor acknowledges that no officer or employee of the City has or shall have any
direct or indirect financial interest in this Agreement nor shall Contractor enter into any
agreement of any kind with any such officer or employee during the term of this
Agreement and for one (1) year thereafter. Contractor warrants that Contractor has not
paid or given, and will not pay or give, any third party any money or other consideration
in exchange for obtaining this Agreement.
ARTICLE 11--NON-DISCRIMINATION
In connection with its performance under this Agreement, Contractor shall not discriminate
against any employee or applicant for employment because of actual or perceived race,
religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin,
immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation,
gender identity, gender expression, physical or mental disability, or medical condition (each
a "prohibited basis"). Contractor shall ensure that applicants are employed, and that
employees are treated during their employment, without regard to any prohibited basis. As
a condition precedent to City's lawful capacity to enter this Agreement, and in executing this
Agreement, Contractor certifies that its actions and omissions hereunder shall not
incorporate any discrimination arising from or related to any prohibited basis in any
Contractor activity, including but not limited to the following: employment, upgrading,
demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of
pay or other forms of compensation; and selection for training, including apprenticeship;
and further, that Contractor is in full compliance with the provisions of Palm Springs
Municipal Code Section 7.09.040, including without limitation the provision of benefits,
relating to non-discrimination in city contracting.
ARTICLE 12 -- MISCELLANEOUS
Terms used in this Agreement which are defined in the Standard Specifications and the
Special Provisions will have the meanings indicated in said Standard Specifications and the
Special Provisions. No assignment by a party hereto of any rights under or interests in the
Contract Documents will be binding on another party hereto without the written consent of
the party sought to be bound; and specifically, but without limitation, monies that may
become due and monies that are due may not be assigned without such consent (except
to the extent that the effect of this restriction may be limited by law), and unless specifically
stated to the contrary in any written consent to an assignment, no assignment will release
or discharge the assignor from any duty or responsibility under the Contract Documents.
The City and the Contractor each binds itself, its partners, successors, assigns, and legal
representatives, to the other party hereto, its partners, successors, assigns, and legal
representatives, in respect of all covenants, agreements, and obligations contained in the
Contract Documents.
Each and every provision of law required to be included in these Contract Documents shall
be deemed to be included in these Contract Documents. The Contractor shall comply with
2021 PAVEMENT REHABILITATION
CITY PROJECT NO. 21-01
AGREEMENTFORM
AGREEMENT AND BONDS - PAGE 4
55575.18165\32900158.2
all requirements of applicable federal, state and local laws, rules and regulations, including, but not
limited to, the provisions of the California Labor Code and California Public Contract Code which are
applicable to this Work.
SIGNATURES ON NEXT PAGE
2021 PAVEMENT REHABILITATION
CITY PROJECT NO. 21-01
AGREEMENTFORM
AGREEMENT AND BONDS - PAGE 5
55575.18165\32900158.2
IN WITNESS WHEREOF, the City and the Contractor have caused this Agreement to be
executed the day and year first above written.
CITY OF PALM SPRINGS,
CALIFORNIA
By
Justin Cli
City Manager
A
f:3
APPROVED AS TO FORM:
By
J ffr . Ballinger
City Attorney
RECOMMENDED:
By
Joel Montalvo, P.E.
City Engineer
2021 PAVEMENT REHABILITATION
CITY PROJECT NO. 21-01
APPROVED BY THE CITY COUNCIL:
Date '711Z1 Zo21 l5.
Agreement No.
AGREEMENTFORM
AGREEMENT AND BONDS - PAGE 6
55575. l 8165\32900158.2
CONTRACTOR
By: Matich Corporation
Firm/Company Name
By:
ig t
ure (notarized)
Name: Jason G. Jones Name: Randall S.Valadez
Title: Vice President Title: Vice President
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.
(This Agreement must be signed in the above
space by one having authority to bind the
Contractor to the terms of the Agreement.)
State of California )
County of San Bernardino )ss
(This Agreement must be signed in the above space
by one having authority to bind the Contractor to the
terms of the Agreement.)
State of California )
County of San Bernardino )ss
On O :1. X On J
before me, Lg 0,Qj ktrrs q.jrs before me, .k, 6ccdnal Ktr.eSgic s NoAuu o%&blk-
personally appeared Jason G. Jones personally appeared Randall S.Valadez
who proved to me on the basis of satisfactory who proved to me on the basis of satisfactory
evidence to be the personK whose name(Q
is re subscribed to the within instrument and
acknowledged to me that �iee she/they executed
the same in [Esher/their authorized capacity(?sq
and that by is er/their signatures(4 on the
instrument the person(s), or the entity upon behalf
of which the person(* 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.
Notary Signature: ',v
G. M. BERNAL KLEESPIES
COMM. #2356450
Notary S Notary Public -Califomia
ryn SAN BERNARDINO COUNTY
My Comm. Exp. MAY 4, 2025
2021 PAVEMENT REHABILITATION
CITY PROJECT NO. 21-01
evidence to be the person(4 whose name()
i�s are subscribed to the within instrument and
acknowledged to me that &Ahe/they executed
the same in i her/their authorized capacity(ies),
and that by i her/their signatures(sQon the
instrument the person(4 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.
i
Notary Signature:&,�1,..(�,,,�(
BERNAL KLEESPIES
x
COMM. #2356450
Notary Seal:
Notary Public -Califomia
SAN BERNARD11N0 COUNTY
My Comm. Exp. MAY 4. 2025
AGREEMENTFORM
AGREEMENT AND BONDS - PAGE 7
55575.18165\32900158.2