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ORIGINAL
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
From: Ken Fischer, Director Subject: A resolution approving an
agreement and increasing a purchase
Dept: Public Services order to Matich Corporation for asphalt
paving services.
Date: September 12, 2006
Meeting Date: October 2, 2006
Synopsis of Previous Council Action:
8-8-2006 Resolution 2006-283 Authorized an increase to a purchase order in
the amount of$87,420.00
Recommended Motion:
Adopt Resolution.
Signature
Contact person: Ken Fischer, Director Phone: 5140
Supporting data attached: Staff Report Ward: All
Bid Specifications; Vendor Agreement; Resolution
FUNDING REQUIREMENTS: Amount: $23,000.00
Source: 004-431-5505-5073
FEMA: 75% - $17,250.00
State OES: 18.75% - $4,315.00
001-402-5505-5073
City of San Bernardino: 6.25% -
$1,435.00
Finance:
Council Notes: Kew`
Agenda Item No. —C]
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Resolution approving an agreement and increasing a purchase order to Matich Corporation for
paving services, labor, and materials.
BACKGROUND:
During the period December 27, 2004 through January 11, 2005, severe storms and flooding
resulted in heavy run-off and overflow. The overflow resulted in a washout of 800 feet (x) 50
feet of roadway including asphalt on 40th Street between Valencia and Harrison. The repair of
this road is an approved Federal Emergency Management Authority (FEMA) project.
Per FEMA's Project Worksheet Report, this project was required to be completed by August 4,
2006. Matich Corporation completed the paving services for this project on July 22"d and 23rd.
City staff has inspected the project and approved the completed work. All work completed by
Matich Corporation was completed per paving industry standards.
On August 7, 2006 Council authorized an increase to initial $24,900 purchase order in the
amount of $87,420.00. The increase provided funding for the anticipated project cost.
However, the final project cost was subject to final invoicing to the City by Matich Corporation
and approval by staff of the invoices. Matich has submitted invoices for the project totaling
$135,265.38. The $22,945.38 added cost is for additional asphalt material. The increase in
materials was necessary to apply the proper amount of asphalt for the inverted channel
roadway. To meet the proper transition for one end of the ground roadway to the other
additional asphalt material was needed. The road section that was removed and replaced was
brought back to the original road condition prior to the storm damage that occurred during the
flood.
Staff recommends approval of the attached agreement and an increase to the Matich
Corporation purchase order in the amount of $23,000.00. As noted below under Financial
Impact, upon receipt of FEMA and State reimbursements the only un-reimbursed cost to the
City for this project will be $8,500.00.
FINANCIAL IMPACT:
Per the FEMA Project Worksheet Report, the City of San Bernardino will be reimbursed
seventy-five percent (75%) of the final project cost, which would not exceed $102,000.00 by
FEMA; eighteen and three-quarters percent (18.75%) will be reimbursed of the final project cost,
which would not exceed $25,500.00 by State OES; six and one-quarter percent (6.25%) of the
final project cost, which would not exceed $8,500.00 will not be reimbursable and is the
responsibility of the City. The Public Services Department FY 2006-2007 budget, Account 001-
402-5505-5073 will be utilized for non-reimbursable costs.
RECOMMENDATION:
Adopt Resolution.
1
RESOLUTION NO. COPY
2
3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO APPROVING AN AGREEMENT AND AUTHORIZING AN
4 INCREASE TO PURCHASE ORDER NO. 908694 TO MATICH CORPORATION FOR
ASPHALT PAVING SERVICES
5
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
6 OF SAN BERNARDINO AS FOLLOWS:
7 SECTION 1. That Matich Corporation provides paving services, labor and
8
materials for City street repair services. Pursuant to this determination, the Mayor and
9
Common Council approve the proposed agreement and the Purchasing Manager is
10
11 hereby authorized to increase Purchase Order No. 908684 to Matich Corporation by
12 $23,000.00 for a total amount not to exceed $135,320.00.
13 SECTION 2. Purchase Order No. 908694 shall reference this Resolution No.
14 2006- and shall be amended to read, "Purchase Order No. 908694, not to exceed
15
$135,320.00 and shall incorporate the terms and conditions of this Resolution."
16
SECTION 3. The authorization to execute the above referenced Agreement
17
18 and Purchase Order is rescinded if not issued within sixty (60) days of the passage of
19 this Resolution.
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Y
1
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
2 SAN BERNARDINO APPROVING AN AGREEMENT AND AUTHORIZING AN
3 INCREASE TO PURCHASE ORDER NO. 908694 TO MATICH CORPORATION FOR
ASPHALT PAVING SERVICES
4 1 HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
5
Mayor and Common Council of the City of San Bernardino at a
6
7 meeting thereof, held on the day of 2006, by the
8 following vote, to wit:
9 Council Members: AYES NAYS ABSTAIN ABSENT
10 ESTRADA
11 BAXTER
12
VACANT
13
DERRY
14
15 KELLEY
16 JOHNSON _
17 MCCAMMACK
18
19 Rachel G. Clark, City Clerk
20
The foregoing resolution is hereby approved this day of
21 , 2006.
22
23 Patrick J. Morris, Mayor
City of San Bernardino
24 Approved as to Fo m:
25 By: - _
26 Special Coy sel
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1
VENDOR SERVICE AGREEMENT
3
4 This Vendor Service Agreement is entered into this _16th_day of_October 2006, by
5 and between Matich Corporation ("VENDOR") and the City of San Bernardino ("CITY" or "San
6 Bernardino").
WITNESSETH:
7
8 WHEREAS, the Mayor and Common Council has determined that it is advantageous and
9 in the best interest of the CITY to repair 401h street where it was damaged during a winter storm; and
10 WHEREAS, the City of San Bernardino did award a purchase order to complete the
11 necessary repairs; and
12 WHEREAS, additional asphalt was needed to complete the repairs.
13 NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
14
For the remuneration stipulated, San Bernardino hereby engages the services of VENDOR
15
16 to provide those products and services as set forth in Exhibit "A" , Bid Specification No. FEMA
17 Project 2082 and quote dated July 11, 2006, attached hereto and incorporated herein by this
18 reference.
2. COMPENSATION AND EXPENSES.a. For the services delineated above, the CITY,
19
20 upon presentation of an invoice, shall pay the VENDOR the amount of $135,265.38 for street
21 grinding and paving services.
22 b. No other expenditures made by VENDOR shall be reimbursed by CITY,
23 3. TERM; SEVERABILITY.
24 The term of this Agreement shall be for a period of 1 year (s).
25 This Agreement may be terminated at any time by thirty(30) days written notice by either
26 party. The terms of this Agreement shall remain in force unless mutually amended. The duration
27 1
I of this Agreement may be extended with the written consent of both parties.
2 4. INDEMNITY.
3 CITY agrees to indemnify and hold harmless VENT'DOR, its officers, agents and volunteers
4 from any and all claims, actions, or losses, damages and/or liability resulting from CITY's negligent
5 acts or omissions arising from the CITY's performance of its obligations under the Agreement.
6 VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, and
7 volunteers from any and all claims, actions, or losses, damages and/or liability resulting from
8 VENDOR's negligent acts or omissions arising from the VENDOR's performance of its obligations
9 under the Agreement.
10 In the event the CITY and/or the VENDOR is found to be comparatively at fault for any
11 claim, action, loss, or damage which results from their respective obligations under the Agreement,
12 the CITY and/or VENDOR shall indemnify the other to the extent of its comparative fault.
13 5. INSURANCE.
14 While not restricting or limiting the forgoing, during the term of this Agreement, VENDOR
15 shall maintain in effect policies of comprehensive public, general and automobile liability insurance,
16 in the amount of $1,000,000.00 combined single limit, and statutory worker's compensation
17 coverage, and shall file copies of said policies with the CITY's Risk Manager prior to undertaking
18 any work under this Agreement . CITY shall be set forth as an additional named insured in each
19 policy of insurance provided hereunder. The Certificate of Insurance furnished to the CITY shall
20 require the insurer to notify CITY of any change or termination in the policy.
21 6. NON-DISCRIMINATION.
22 In the performance of this Agreement and in the hiring and recruitment of employees,
23 VENDOR shall not discriminate on the basis of race, creed, color, religion, sex, physical handicap,
24 ethnic background or country of origin.
25 7. INDEPENDENT CONTRACTOR.
26 VENDOR shall perform work tasks provided by this Agreement, but for all intents and
27 2
I purposes VENDOR shall be an independent contractor and not an agent or employee of the CITY.
2 VENDOR shall secure, at its expense, and be responsible for any and all payment of Income Tax,
3 Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other
4 payroll deductions for VENDOR and its officers, agents, and employees, and all business licenses,
5 if any are required, in connection with the services to be performed hereunder.
6 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
7 VENDOR warrants that it possesses or shall obtain, and maintain a business registration
8 certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits,
9 qualifications, insurance and approval of whatever nature that are legally required of VENDOR to
10 practice its business or profession.
11 9. NOTICES.
12 Any notice to be given pursuant to this Agreement shall be deposited with the United States
13 Postal Service, postage prepaid and addressed as follows:
14 TO THE CITY: Public Services Director
300 North "D" Street
15 San Bernardino, CA 92418
Telephone: (909) 384-5140
16
17 TO THE VENDOR: Patrick Matich, Vice President
Matich Corporation
18 PO Box 50000
San Bernardino, CA 92412
19
20 10. ATTORNEYS' FEES
21 In the event that litigation is brought by any party in connection with this Agreement, the
22 prevailing party shall be entitled to recover from the opposing party all costs and expenses, including
23 reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or
24 remedies hereunder or the enforcement of any of the terms, conditions or provisions hereof. The
25 costs, salary and expenses of the City Attorney and members of his office in enforcing this
26 Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the purposes of this
27 3
I paragraph.
2 11. ASSIGNMENT.
3 VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or encumber
4 all or any part of the VENDOR's interest in this Agreement without CITY's prior written consent.
5 Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute
6 a breach of this Agreement and cause for the termination of this Agreement. Regardless of CITY's
7 consent, no subletting or assignment shall release VENDOR of VENDOR's obligation to perform
8 all other obligations to be performed by VENDOR hereunder for the term of this Agreement.
9 12. VENUE.
10 The parties hereto agree that all actions or proceedings arising in connection with this
11 Agreement shall be tried and litigated either in the State courts located in the County of San
12 Bernardino, State of California or the U.S. District Court for the Central District of California,
13 Riverside Division. The aforementioned choice of venue is intended by the parties to be the
14 mandatory and not permissive in nature.
15 13. GOVERNING LAW.
16 This Agreement shall be governed by the laws of the State of California.
17 14. SUCCESSORS AND ASSIGNS.
18 This Agreement shall be binding on and inure to the benefit of the parties to this Agreement
19 and their respective heirs, representatives, successors, and assigns.
20 15. HEADINGS.
21 The subject headings of the sections of this Agreement are included for the purposes of
22 convenience only and shall not affect the construction or the interpretation of any of its provisions.
23 16. ENTIRE AGREEMENT; MODIFICATION.
24 This Agreement constitutes the entire agreement and the understanding between the parties,
25 and supercedes any prior agreements and understandings relating to the subject manner of this
26 Agreement. This Agreement may be modified or amended only by a written instrument executed
27 4
I by all parties to this Agreement.
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8 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and
9 date set forth below.
10 Dated: L�-I�okj�`Cj , 200& VENDOR.
11
By:
12 Its: �•�
13
14 Dated , 200 CITY OF SAN BERNARDINO
15
16 By.
Patrick J. Morris, Mayor
17
18 Approved as to Form:
19 -
20
21 /
By: (.-
22 _..
Special Cou sei
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Page ` of
City of San Bernardino
TECHNICAL SPECIFICATIONS
BID SPECIFICATION NO. Ferns Project 2082
(Maintenance Repairs to asphalt on 40`h St. City of San Bernard ric)
NOTICE: "SPECIAL.INSTRUCTIONS TO THE SI DEK
Services, Specifications, and Requirements
Bidder shall complete right-hand column indicating brief reasoning for
exceptions to service, specifications or requirements when not acceptable.
State `:Acceptable" if requirements are agreeable as set forth in left-hand
column.
FAILURE TO COMPLETE RIGHT RAND LOLL= WILL INVALIDATE gID
CATEGORY 1 ACCErTABLE/AS SPECIFIED
The City of San Bernardino Public Services Department
is requesting bids for maintenance road repair to 406'
street. The street was damaged due to a higb water flow
during the storm of 2005. The project is located on 40'h
street between Valencia Avc. and Harrison st:-cet. The
project limits are marked in white paint. The qualified
contractor must mobilize and complete the repairs to the
road section by August 4h 2006. For information
concerning the project contact Randy Kuettle at (909)
384-5020. _
L SCOPE l SPECIFICATIONS
1. Contractor must supply all material, manpower, and
equipment to complete the project.
2. Contractor must provide all traffic control according
to the Cal Trans Manual of Traffic Controls and
submit the traffic control plan to Public Services for
approval. Work can not commence until an approved
copy of the plans is returned to the contractor.
3. Contractor must co Iv with "Greenbook" Standard
Bid Spec. # F-01-•'
Page • I•
Specification for Public Works Construction for all �.
phases of the project.
4. Contractor must replace 800 feet x 50 feet x 0.5 feet
of damaged section of road.
5. Contractor will replace Pavement markings on entire
section of road repaired.
6. Contractor must call USA dig alert to locate all
utilities in the construction zone.
7. Cornractor must submit a schedule for the repairs and
attend a pre-jab rzieeting after receiving award of
project with Superintendent of Streets.
8. Contractor must comely with all NPDES
requirements the full diuvion of the project.
2. REQUIREMENTS
L Ilis is a prevailing wage project.
2. Contractor must have $1,000,000 dollar liability
insurance naming City of San Bernardino as
additional insured.
I Contractor must have City of San Bernardino
business licenw.
4. Contr tc wr must have current A contractor licenses
from the State of California.
5. Contractor must submit certified avroll.
Signe Date
Technical Authority Y
(Name & Title) -
Signed —-- Date
(Department Head Name)
(Title)
Bid Spec.0 P-01-*•
CH
PORATION
SINCE Ins
,PJLY 13. 2006
C77Y OF SAN BERNARDINO
P06LIC SERVICES D'EPART*UNT
ATTN; BANDY KUEI'I%E
RE: FW. PRGJSCT 2082
40TR STREET ASPHALT KIYAI,RS
OUR RANDY,
PER YOUR REQUEST TAE ABOVE UPERENCIRD WORK IS PRICE:D AS FOLT.OWS:
1) PROVIDE STUET CWSURE WITH ADEQUATE DI70UR SIGNAGE
2) COLUPLANE & FAM OFF .50' AC PAVEKfNT 40,000 S.F. (SOOK50)
3) TACKWAT 40,000 S.F.
4) FMTSA-DELIVER-LAY .50'AC PAVING 40,000 S.F.
5) PROVIDE PAVEWME MARKINGS
TO BE BILLKD BY TON OF A5PtW,T > 1,440 TONS @ ; 78.00/TON $ 112.320.00
TUS WORK WILL COKKZNCE ON FRIDAY 7-21-06 AND WILL BE COHPLFT. ED BY MONDAY 7-24-06
IP YOU HAVE ANY QU'ES'TIONS FIXASE GIVE NE A CALL.
S INiCaELT,
r
PATRICK MATICH
VICE--PRESIDENT
ASPHALT SALES MANAGER
f
r
4.0.BOX!i0,000 SAN MINARDINO,CA 9240 1596 HARRY SHUPARD BWD,SAN AERNAR01N0 •TELEPHONE(909)182 7400•MAX(9W 981-0169
www.ma+fchcorp.ce n
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ORIGINAL.
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
From: Ken Fischer, Director Subject: A resolution increasing a
purchase order to Matich Corporation
Dept: Public Services for asphalt paving services.
Date: September 12, 2006
Meeting Date: October 2, 2006
Synopsis of Previous Council Action:
August 7, 2006; Resolution 2006-283 authorized an increase to a purchase order in the
amount of$87,420.00
Recommended Motion:
Adopt Resolution.
Signature
Contact person: Ken Fischer, Director Phone: 5140
Supporting data attached: Staff Report Ward: All
FUNDING REQUIREMENTS: Amount: $23,000.00
Source: 004-431-5505-5073
FEMA: 75% - $17,250.00
State OES: 18.75% - $4,315.00
001-402-5505-5073
City of San Bernardino: 6.25% - $1,435.00
Finance:
Council Notes:
n 161sa�OT45L.2-O
Agenda Item No. a7
I
I
I
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Staff Report
Subject:
Resolution increasing a purchase order to Matich Corporation for paving services, labor,
and materials.
Background:
During the period December 27, 2004 through January 11, 2005, severe storms and
flooding resulted in heavy run-off and overflow. The overflow resulted in a washout of
800 feet (x) 50 feet of roadway including asphalt on 40th Street between Valencia and
Harrison. The repair of this road is an approved Federal Emergency Management
Authority (FEMA) project.
Per FEMA's Project Worksheet Report, this project was required to be completed by
August 4, 2006. Matich Corporation completed the paving services for this project on
July 22"d and 23rd. City staff has inspected the project and approved the completed
work. All work completed by Matich Corporation was completed per paving industry
standards.
On August 7, 2006 Council authorized an increase to initial $24,900 purchase order in
the amount of $87,420.00. The increase provided funding for the anticipated project
cost. However, the final project cost was subject to final invoicing to the City by Matich
Corporation and approval by staff of the invoices. Matich has submitted invoices for the
project totaling $135,265.38. The $22,945.38 added cost is for additional asphalt
material. The increase in materials was necessary to apply the proper amount of
asphalt for the inverted channel roadway. To meet the proper transition for one end of
the ground roadway to the other additional asphalt material was needed. The road
section that was removed and replaced was brought back to the original road condition
prior to the storm damage that occurred during the flood.
Staff recommends an increase to the Matich Corporation purchase order in the amount
of $23,000.00. As noted below under Financial Impact, upon receipt of FEMA and State
reimbursements the only un-reimbursed cost to the City for this project will be
$8,500.00.
Financial Impact:
Per the FEMA Project Worksheet Report, the City of San Bernardino will be reimbursed
seventy-five percent (75%) of the final project cost, which would not exceed
$102,000.00 by FEMA; eighteen and three-quarters percent (18.75°/x) will be
reimbursed of the final project cost, which would not exceed $25,500.00 by State OES;
six and one-quarter percent (6.25%) of the final project cost, which would not exceed
$8,500.00 will not be reimbursable and is the responsibility of the City. The Public
Services Department FY 2006-2007 budget, Account 001-402-5505-5073 will be utilized
for non-reimbursable costs.
Recommendation:
Adopt Resolution.
(COPY
1
RESOLUTION NO.
2
3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING AN INCREASE TO A PURCHASE ORDER
4 WITH MATICH CORPORATION FOR ASPHALT PAVING SERVICES
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
6
7 SECTION 1. That Matich Corporation provides paving services, labor and
8 materials for City street repair services. Pursuant to this determination, the
9 Purchasing Manager is hereby authorized to increase the purchase order Matich
10 Corporation by $23,000.00 for a total amount not to exceed $135,320.00.
11
SECTION 2. The Purchase Order shall reference this Resolution No. 2006-
12
and shall read, "Purchase Order 908694, not to exceed $135,320.00 and shall
13
14 incorporate the terms and conditions of this Resolution."
15 SECTION 3. The authorization to execute the above referenced Purchase
16 Orders is rescinded if not issued within sixty (60) days of the passage of this
17 Resolution.
18 1H
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1
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
2 SAN BERNARDINO AUTHORIZING AN INCREASE TO A PURCHASE ORDER
3 WITH MATICH CORPORATION FOR ASPHALT PAVING SERVICES
4 1 HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
5 Mayor and Common Council of the City of San Bernardino at a
6 meeting thereof, held on the day of 2006, by the
7
following vote, to wit:
8
Council Members: AYES NAYS ABSTAIN ABSENT
9
10 ESTRADA
11 BAXTER
12 VACANT
13 DERRY
14 KELLEY
15
JOHNSON
16
MCCAMMACK
17
18
19 Rachel G. Clark, City Clerk
20 The foregoing resolution is hereby approved this day of
21 , 2006.
22 Patrick Morris, Mayor
23 City of San Bernardino
24 Approved as to Form:
25 By.
26
JAMES F. PENMAN,
27 City Attorney
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