HomeMy WebLinkAbout2008-354
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RESOLUTION NO. 2008-354
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
PURCHASE ORDER IN THE AMOUNT OF $2,523,180 WITH THREE (3) ONE-YEAR
EXTENSIONS AT THE CITY'S OPTION BETWEEN THE CITY OF SAN
BERNARDINO AND MATICH CORPORATION FOR STREET PAVING SERVICES
UTILIZED BY THE PUBLIC SERVICES DEPARTMENT.
WHEREAS, Matich Corporation submitted. the lowest bid for street paving
services per RFQ FO-03.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That the City Manager of the City of San Bernardino is hereby
authorized to execute on behalf of said City an Agreement between the City of San
Bernardino and Matich Corporation, a copy of which is attached hereto, marked
Exhibit "A" and incorporated herein by reference as fully as though set forth at length
and at the unit prices set forth in the bid from Matich Corporation.
SECTION 2. That pursuant to this determination the Director of Finance or
hislher designee is hereby authorized to issue a Purchase Order to Matich Corporation
in the amount of $2,523,180.
SECTION 3. The Purchase Order shall reference this Resolution No.
008-354
and shall read, "Matich Corporation for street paving services, not to
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exceed $2,523,180" and shall incorporate the terms and conditions of this Resolution.
SECTION 4. The authorization to execute the above referenced Purchase
Order and Agreement is rescinded if riot issued within sixty (60) days of the passage
of this Resolution.
2008-354
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
PURCHASE ORDER IN THE AMOUNT OF $2,523,180 WITH THREE (3) ONE.YEAR
EXTENSIONS AT THE CITY'S OPTION BETWEEN THE CITY OF SAN
BERNARDINO AND MATICH CORPORATION FOR STREET PAVING SERVICES
UTILIZED BY THE PUBLIC SERVICES DEPARTMENT.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
Mayor and Common Council of the City of San Bernardino at a joint regular
7 meeting thereof, held on the 2nd
day of September
, 2008, by the
following vote, to wit:
Council Members: AYES NAYS ABST AI N ABSENT
ESTRADA x
BAXTER x
BRINKER x
DERRY x
KELLEY x
JOHNSON x
MCCAMMACK x
~u...eIv.~ ,6. ~
Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this ~ day of
September ,2008.
2008-354
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VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 2nd day of September 2008, 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 contract for street paving services; and
WHEREAS, the City of San Bernardino did solicit and accept proposals and bids from
a number of vendors for street paving services per RFQ F-09-03.
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 Attachment "1" and Bid
Specifications No. RFQ F-09-03, for street paving services, dated August 12, 2008, in
accordance with the unit price set forth thereof, 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 up to the amount of$2,523,180 for street paving services.
b. No other expenditures made by VENDOR shall be reimbursed by CITY.
3. TERM; SEVERABILITY.
The term of this agreement shall be from September 2, 2008 through June 30, 2009,
with three (3) one-year extensions at the City's option. Option 'year one, if exercised, shall be
effective July 1, 2009 through June 30, 2010. Option year two, if exercised, shall be effective
2008-354
July 1, 2010 through June 30, 2011. Option year three, if exercised, shall be effective July 1,
2011 through June 30, 2012. Each option shall be exercised by written agreement of the parties
executed on or before expiration of the current term.
This Agreement may be terminated at any time by thirty (30) days prior written notice
by either party. The terms of this Agreement shall remain in force unless amended by written
agreement of the parties executed on or before date of expiration of current term of the
agreement.
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4. INDEMNITY.
Vendor agrees to and shall indemnify and hold the City, its elected officials, employees,
agents or representatives, free and harmless from all claims, actions, damages and liabilities of
any kind and nature arising from bodily injury, including death, or property damage, based on
asserted upon any or alleged act or omission of Vendor, its employees, agents, or
subcontractors, relating to or in any way connected with the accomplishment of the work or
performance of service under this Agreement, unless the bodily injury or property damage was
actually caused by the sole negligence of the City, its elected officials, employees, agents or
representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its
own expense, including attorney's fees the City, its elected official~, employees, agents or
representatives from any and all legal actions based upon such actual or alleged acts or
omissions. Vendor hereby waives any and all rights to any types of express or implied
indemnity against the City, its elected officials, employees, agents or representatives, with
respect to third party claims against the Vendor relating to or in any way connected with the
accomplishment of the work or performance of services under this Agreement.
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5. INSURANCE.
While not restricting or limiting the foregoing, 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 engage in, nor permit its officers, employees or agents to engage in,
discrimination in employment of persons because of their race, religion, color, national origin,
ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or
sexual orientation, or any other status protected by law, except as permitted pursuant to Section
12940 of the California Government Code.
INDEPENDENT CONTRACTOR.
7.
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VENDOR shall perform work tasks provided by this Agreement, but for all intents and
purposes VENDOR shall be an independent contractor and not an agent or employee of the
CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
Compensation, and other payroll deductions for VENDOR and its officers, agents, and
employees, and all business license, if any are required, in connection with the services to be
performed hereunder.
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BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
VENDOR warrants that it possesses or shall obtain, and maintain a business registration
certificate pursuant to Chapter 5 of the Municipal Code, and any other license, permits,
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qualifications, insurance and approval of whatever nature that are legally required of VENDOR
to practice its business or profession.
9.
NOTICES.
Any notices to be given pursuant to this Agreement shall be deposited with the United
States Postal Service, postage prepaid and addressed as follows:
TO THE CITY:
Public Services Director
300 North "D" Street
San Bernardino, CA 92418
Telephone: (909) 384-5140
TO THE VENDOR:
Matich Corporation
1596 Harry Sheppard Blvd.
San Bernardino, CA 92408
Telephone: (909) 382-7423
Contact: Patrick Matich
10. ATTORNEYS' FEES
In the event that litigation is brought by any party in connection with this Agreement,
the 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 ofthis paragraph.
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11. ASSIGNMENT.
VENDOR shall not voli.mtarily 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 assigrunent, 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 assigrunent 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 ofthe 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.
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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 by all parties to this Agreement.
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12 Approved as to Form:
VENDOR SERVICE AGREEMENT
MATICH CORPORATION
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated: ~ 'i
,2008
VENDOR.
By: ~dj.... A ~,).,..
Its: \JJ>
Dated 0~ 9 ,2008
CITY OF SAN BERNARDINO
BY.~ ~
Patri J. Morris, or
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By: \.~6lL
Tim Sabo
Special Counsel
Matich Corporation
2008-354
RFQ F-09-03
City of San Bernardino
TECHNICAL SPECIFICATIONS
RFQ F-09-03
PAVING SERVICES FOR MILL AND OVERLAY PROJECTS
NOTICE: "SPECIAL INSTRUCTIONS TO THE BIDDER"
The Public Services Department, Streets Division oversees mill and overlay
projects as part of the Capital Improvement Projects (CIP) of City streets. The
projects are selected segments of streets throughout the City. The total number
of projects is estimated at 19 but no guarantee has been made or implied as to
the exact quantity that will be assigned to the most responsible bidder. The
intent of this document is to solicit proposals from highly trained and qualified
vendors with experience in providing mill and overlay services. The City is
looking for the most responsive and responsible vendor that will be committed to
provide the best level of mill and overlay services. Through a competitive
qualification and bid based procurement process, the City of San Bernardino
intends to enter into an agreement with a qualified vendor for mill and overlay
services.
Services:
Bidder shall complete right-hand column indicating brief reasoning for
exceptions to requirements when not acceptable. State "Acceptable" if
requirements are agreeable as set forth in left-hand column.
Whenever the terms "Standard Specifications" is used, it shall mean the
"Standard Specifications for Public Works Construction, latest edition." In
case of conflict between these specifications and Standard Specifications,
these specifications shall take precedence over and be used in lieu of the
Standard Specifications.
FAILURE TO COMPLETE RIGHT HAND COLUMN WILL INVALIDATE BID
CATEGORY I ACCEPTABLE I AS SPECIFIED
1. SCOPE OF WORK
The Contractor recognizes and agrees that this rJ}
agreement is for the purpose of establishing a
contractual relationship between the City of San
Bernardino and the contractor for future road
improvements upon real and personal property of
the City of San Bernardino. The Work will include
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2008-354
Matich Corporation
RFQ F-09-03
crack sealing, traffic control, street sweeping,
asphalt overlay, tack coating, mobilization fees, and
hauling all materials.
2. PLACING ASP HAL T MATERIALS
The Contractor must supply all asphalt material,
manpower, and equipment to apply the material.
Asphalt material needed consist of 3/8, 1/2 or 3/4
inch PG 6410. Manpower will consist of all cdl
Supervision, labor to operate paver, rollers, delivery
drivers, sweeper operators, ground crew (to include
rakers, shovelers, clean up crew, and raising
valves). Equipment consists of paving machine 20
foot wide to apply materials, rollers (to include
knock down, finish, rubber tire) to compact the
materials, dump trucks to deliver the materials, and
sweeper to clean up site.
3. GREENBOOKSTANDARDS
All work will comply with the current GREEN BOOK" qJp
Standard Specifications for Public Works
Construction and the City of San Bernardino Public
Works Standards.
4. TRAFFIC CONTROL
A. Traffic control must comply with the most
recent dated Cal Trans Manual of Traffic
Controls for Maintenance Zones and Watch
manual. rJf
B. A Traffic Control Plan shall be prepared at
least two weeks in advance of construction ."
and submitted to the City Engineer for review
and approval. The Traffic Control Plan shall
show signs, devices, and other necessary
features in detail to properly safeguard the
public from unnecessary inconvenience or
hazard.
5. SOUND CONTROL REQUIREMENTS VI
Sound control shall comply with Chapter 8.54 of the
City of San Bernardino Municipal Code and the
followinc orovisions: The noise level from the
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2008-354
Matich GOlporatiOn
RFQ 1'-09-03
construction work, between the hours of 9:00 p.m.
and 6:00 a.m. shall not exceed 86dbA at the
distance of 50 feet and shall apply to all equipment
on the job or related to the job.
6. NATIONAL POLLUTANT DISCHARGE
ELIMINATION SYSTEM (NPDES) EQUIREMENTS
City construction work shall comply with all the cJf
NPDES requirements pursuant to the State Water
Resources Board and the Cal Trans Storm Water
Quality handbooks to prevent pollutant sources
affecting the quality of storm discharge from the
construction site, both during construction and after
construction completion.
7. ADVANCE NOTICE
The Contractor will post temporary no parking signs cJl
72 hours in advance before the project start date.
8. PROJECT APPEARANCE
Work crews shall maintain a neat appearance to df
the work. In any area visible to the public, the
following shall apply: When practicable, broken
asphalt, concrete and other debris developed
during clearing, removal, and grubbing shall be
disposed of concurrently with its removal. If
stockpiling is necessary, the material shall be
removed or disposed of weekly.
9. PAVEMENT GRINDING vi
When pavement grinding has occurred, the street ,
shall be paved no later than seven calendar days
later.
10. DUST CONTROL cJ!
After grinding, the street shall be periodically
watered and/or swept to keep dust to a minimum
and during high winds, more frequent watering will
be required.
11. PAVEMENT TRANSITIONS
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2008-354
Matich Corporation
RFQ F-09-03
A temporary asphalt concrete ramp shall be placed
to provide a smooth transition for vehicles at all 911
transverse cold mill areas. Ramps shall be full
width or as approved by the City Engineer and are
to be placed on the same days as the cold mill
operation and shall be removed prior to permanent
asphalt concrete pavement.
12. UTILITY REQUIREMENTS
It is the responsibility of the Contractor to ensure r}1
notification has been provided to Underground
Service Alert (USA) at least two working days in
advance of construction work involving excavation
near or around any utility substructures.
13. WORK HOURS
Work hours shall be confined to the hours between vI
7:00 a.m. and 5:00 p.m. Monday through Friday,
unless approved otherwise by the City Engineer or
Public Services Director.
14. COORDINATION
The Contractor will have to coordinate with Milling 111
Contractor hired by the City for the milling process
and provide trucking along with traffic control during
the milling process. Contractor must supply a
supervisor to coordinate all activities, and supervise
in the field during the milling activities.
15. REFERENCE LIST
Provide three (3) local government agencies and/or wi ,
company's previous or current contact references
that support your ability to provide mill and overlay
Services as described in this proposal.
16. CONTRACT LENGTH
The length of this contract shall be for one (1) year 111
with three (3) one-year extensions at the City's
option.
17. QUALIFICATION / LICENSES
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2008-354
RFQ F-09-03
The vendor represents that it, its employees and
subcontractors have all licenses, permits,
qualifications and approvals of whatever nature that Vi
are legally required to perform the Services,
including a City Business License, and that such
licenses and approvals shall be maintained
throughout the term of this Contract.
18. TONNAGE COST FOR ASPHALT JI
Supply cost per ton for requested asphalt to project.
19. LABOR RATES
Prevailing wage must be paid for the term of this tJl
COlJtract. Prevailing wage reports must accompany
all invoices.
20. SUBCONTRACTOR
Contractor must list all subcontractors used for the vi
duration of this contract. If a new subcontractor is
hired to provide services during the contract, the
contractor must submit the name of the new
subcontractor, subcontractor's license, and
insurance information prior to work performed.
21. TEMPORARY STRIPING
Contractor must install temporary striping after vI
milling operation and paving street. Painted striping
is required for the milling process and reflectorized
tabs for the finished asphalt street.
22. BID AND PERFORMANCE BONDS ,
Contractor must submit a 10% bid bond and a fll
100% performance bond.
23. CONTRACTOR NON-COMPLIANCE
A. If the Public Services Department Director, or cJl
his designee, determines that there are
deficiencies in the performance of this
Agreement, the Public Services Director, or
his designee, will provide a written notice to
the vendor statina the deficienCies and
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Matich l;orporallO[l
2008-354
RFQ 1'-09-03
specifying a time frame to correct the
specified deficiencies. This time frame shall
be reasonable, as determined by the Public
Services Department Director, or his
designee, to correct the specified
deficiencies.
B.
Should the vendor fail to correct any
deficiencies within the stated time frame, the
Public Services Director, or designee, may
exercise the following measures:
cJ?
1. Deduct from the vendor's payment the amount
necessary to correct the deficiency, including
City overhead costs and impose a deficiency
deduction.
2. Withhold the entire or partial payment.
3. Terminate the contract and award to second
bidder.
."
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2008-354
RFQ F-09-03
PRICE FORM
REQUEST FOR QUOTES: RFQ F-09-03
DESCRIPTION OF RFQ: Paving Services for Mill and Overlay Projects
BIDDER'S NAME/ADDRESS: Matich Corporation
loSt) HanySheppard Blvd
San Berrlaldino. CA92408
NAME/ TELEPHONE NO. OF
AUTHORIZED REPRESENTATIVE
PatrickA. Matich
909382-7400
(See Next Page)
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