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Home My WebLink About2006-371 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 NO. 2006-371 RESOLUTION OF THE MAYOR AND COMMON COUNCil OF THE CITY OF SAN BERNARDINO APPROVING AN AGREEMENT AND AUTHORIZING AN INCREASE TO PURCHASE ORDER NO. 908694 TO MATICH CORPORATION FOR ASPHALT PAVING SERVICES BE IT RESOLVED BY THE MAYOR AND COMMON COUNCil OF THE CITY OF SAN BERNARDINO AS FOllOWS: SECTION 1. That Matich Corporation provides paving services, labor and materials for City street repair services. Pursuant to this determination, the Mayor and Common Council approve the proposed agreement and the Purchasing Manager is hereby authorized to increase Purchase Order No. 908684 to Matich Corporation by $23,000.00 for a total amount not to exceed $135,320.00. SECTION 2. Purchase Order No. 908694 shall reference this Resolution No. 2006-2Z.!.... and shall be amended to read, "Purchase Order No. 908694, not to exceed $135,320.00 and shall incorporate the terms and conditions of this Resolution." SECTION 3. The authorization to execute the above referenced Agreement and Purchase Order is rescinded if not issued within sixty (60) days of the passage of this Resolution. /1/ /1/ /1/ /1/ III III /1/ /1/ 2006-371 I 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 VENDOR SERVICE AGREEMENT This Vendor Service Agreement is entered into this _16th_day of _October 2006, by and between _Matich Corporation ("VENDOR") and the City of San Bernardino ("CITY" or "San Bernardino"). WITNESSETH: WHEREAS, the Mayor and Common Council has determined that it is advantageous and in the best interest of the CITY to repair 40th street where it was damaged during a winter storm; and WHEREAS, the City of San Bernardino did award a purchase order to complete the necessary repairs; and WHEREAS, additional asphalt was needed to complete the repairs. NOW, THEREFORE, the parties hereto agree as follows: 1. SCOPE OF SERVICES. For the'remuneration stipulated. San Bernardino hereby engages the services of VENDOR to provide those products and services as set forth in Exhibit "A", Bid Specification No. FEMA Project 2082 and quote dated July II, 2006, attached hereto and incorporated herein by this reference. 2. COMPENSATION AND EXPENSES.a. For the services delineated above, the CITY, upon presentation of an invoice, shall pay the VENDOR the amount of $135,265.38 for street grinding and paving services. b. No other expenditures made by VENDOR shall be reimbursed by CITY, 3. TERM; SEVERABILITY. The term of this Agreement shall be for a period of _1_ year (s). This Agreement may be terminated at any time by thirty (30) days written notice by either party. The terms of this Agreement shall remain in force unless mutually amended. The duration 1 ~n 2006-371 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 of this Agreement may be extended with the written consent of both parties. 4. INDEMNITY. CITY agrees to indemnify and hold harmless VENDOR, its officers, agents and volunteers from any and all claims, actions, or losses, damages and/or liability resulting from CITY's negligent acts or omissions arising from the CITY's performance of its obligations under the Agreement. VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, and volunteers from any and all claims, actions, or losses, damages and/or liability resulting from VENDOR's negligent acts or omissions arising. from the VENDOR's performance of its obligations under the Agreement. In the event the CITY and/or the VENDOR is found to be comparatively at fault for any claim, action, loss, or damage which results from their respective obligations under the Agreement, the CITY and/or VENDOR shall indemnify the other to the extent of its comparative fault. 5. INSURANCE. While not restricting or limiting the forgoing, during the term of this Agreement, VENDOR shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory worker's compensation coverage, and shall file copies of said policies with the CITY's Risk Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an additional named insured in each policy of insurance provided hereunder. The Certificate of Insurance furnished to the CITY shall require the insurer to notify CITY of any change or termination in the policy. 6. NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, VENDOR shall not discriminate on the basis of race, creed, color, religion, sex, physical handicap, ethnic background or country of origin. 7. INDEPENDENT CONTRACTOR. VENDOR shall perform work tasks provided by this Agreement, but for all intents and 2 2006-371 1 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: 15 16 17 TO THE VENDOR: 18 19 Public Services Director 300 North "D" Street San Bernardino, CA 92418 Telephone: (909) 384-5140 Patrick Matich, Vice President Matich Corporation PO Box 50000 San Bernardino, CA 92412 20 10. 21 ATTORNEYS' FEES In the event that litigation is brought by any party in connection with this Agreement, the 22 23 24 25 26 27 prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions hereof. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the purposes of this 3 ~n 2006-371 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 paragraph. 11. ASSIGNMENT. VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for the termination of this Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR of VENDOR's obligation to perform all other obligations to be performed by VENDOR hereunder for the term of this Agreement. 12. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the State courts located in the County of San Bernardino, State of California or the U.S. District Court for the Central District of California, Riverside Division. The aforementioned choice of venue is intended by the parties to be the mandatory and not permissive in nature. 13. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. 14. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the parties to this Agreement and their respective heirs, representatives, successors, and assigns. 15. HEADINGS. The subject headings of the sections of this Agreement are included for the purposes of convenience only and shall not affect the construction or the interpretation of any of its provisions. 16. ENTIRE AGREEMENT; MODIFICATION. This Agreement constitutes the entire agreement and the understanding between the parties, and supercedes any prior agreements and understandings relating to the subject manner of this Agreement. This Agreement may be modified or amended only by a written instrument executed 4 ~n 2006-371 by all parties to this Agreement. 2 II 3 II 4 5 6 7 8 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and 9 date set forth below. Dated: Q:.:foberq , 200" 10 11 12 13 14 Dated~, 200.f IS 16 17 18 Approved as to Form: 19 20 ~~ BY:s;;:~ 23 24 25 26 27 ~n VENDOR. ~J-- By:~ V.J::> - Its: CITY OF SAN BERNARDINO BY:~ Patr k 1. Morris, ~ 5 ~ f/ 2006-mJ" hi t A Palle . 0(0 City of San Bernardino I;ECllNICAL SugrU::A no.tii BID SPECIFICATION NO. Fema Project 2082 (Maintenance Repairs to asphalt on 40th St. City of San 8cmardino) NOTICE: "SPECIAL INSTRUCTIONS TO 11iE BIDDER" Services, Specifications. and Requirements Bidder shall complete ri&ht-hand cohmm indicating brief reasoning fur exceptions to service. specifications or requirements when not acceptable. Stale '"Acceptable" if requirements are agreeable as set furth in left-hand column. 'AlLURE TO COMPLETE RIGHT QA,ND COLUMN WIl.l. ~"I.mATI BID CATEGORY I ACCEPTABLE I AS SPEClnED The City of San BcrnardlDO Public Services Department is IOquesdllli bids b ro&UntenlUl<<O l'Oad repair to 40th street. The street was damlgcd dllC to a hip water flow durina: the storms of 200'. The project is Iocllted on 40. street between valencia A vc. lIIld Harmon street. The project limis are marked in white paint. TIle quaIifted contractor must mobilize and complete the repairs to the road SCl:tion by August 4111 2006. For ini>rmatlon concerning the project contal:t Randy Kuettle at (909) 384-5020. 1. SCOPE I SPEClFlCATIONS 1. Contractor must supply all material, DIlIlIpOwer, and equipment to complete the project. 2. Contn\l.'.tor must provide aU traffic control accoreJina to the Cal Trans Manual of Traffic Controls and submit the traffic control plan to Public Scrvic:es fur approval. Work. can oot commence until an approved copy oCthe plans is returned to the ccntractor. 3. Contractor must col1lDlv with "Greenbook" StaIldard Bid Spec:. # f'()l... 2006-371 Specification for Public Works Constl'llCtion ror an phases of the project. 4. Contractor must replace 800 feet x 50 feet x 0.5 feet ofdamiged section of road. S. Contractor will replace Pavement markings on entire section of road rqlIIired. 6. Contractor must can USA dig alert to locate all utilities in the construction zone. 7. Contraclor must submit a schedule for the nopairs lUId attend a pre-job moeting after m:eiving award of project with Superintendent of Streets. 8. Contractor must coq1ly with all NPDES requirements the full duration of the project. 2. REQUIREMENTS I, This ill a prevailing WIlge pro~t. 2. Contractor must have S 1,000,000 dollar liability insuraIlce IIIlIIIing City of San Bernardino as additional insured. 3. Contractor must have City of San Bernardino busincl5S license. 4. ConlractDr mllllt have current A contractor licenses trow the State of California. S. Contrlll:tor must submit certified navroll. s~-AM~J2- T echniea.l Authority V. 'i"'-. (Name &: Title) . r-. Date Signed (Depertment Head Namc) (Titk) Date 10" 0 ~-o'-' Pas. 0 of 0 Bid S~. N F.CI." 2006-371 JULY 13, 2006 crn OF SAIl llJ!UWlDUlO PlJBLIC SERVICES DVAJrI'MI!ft A'!:TN: lWIDY ~ Rll: i'EIl.\ PiOJ!CT 2082 40Tll STIIEET AS'BAL'r lW'AliJtS DEAl. 1lAllDY. ,Ell YOIll REQUESt TIIJt ABOVE &.IlFERDlCED IlOU IS 1'1lICED AS FOLLOWS: L) 'IlOVIDE StllEllT ctDSUU 111m ADEQ1W$ Dll'l"Ollll SIGl!lAGE 2) COLJ)l!I.o\R .. IWIL 0" .50' .AI: PAVl!tIIDlT 40,000 5.1'. (Soono) 3) TACXCOAT 40,000 5.1'. 4) J'lIID1ISS-Dl!1.IV\Dl.-LAY .50'AI; PAVllIC 40,000 5.1'. s} PIlOVlDl PAVllMD'l JlABDlGS TO BE lIILLKD BY TOR OF AS~T ~ 1,440 TORS @ '78.CO/TOR - $ 112,320.00 tillS lIOlllt WILL (;I1NN1OIl!ll ON RIllAY 7-21-06 AllD WILL BE COHPLKTED BY MOHllAY 7-24-06 II' TOO IIAV! ANY QUES'UOIIS ~ GIV! !Ill A CALL. . SIHCllllELY, ,. ~..4, ,'vI..1;t;.L PAnJeI: MTICR 'i1ICE-1'iI!SlDmrr ASPIIALT SALBS MANAGIIl ,.0. lOX 50,000 $AN .,._NO. c;.I> _~ . ,... H4WlY $HJ"""P IUID,..... .._ ' "'_"1-1 ~'2-7_ . 1'All1M9l M200'''' I www.m.tfCh~.rp.c.m