HomeMy WebLinkAbout2009-324
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
2009-324
RESOLUTION NO. 2009-324
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
ISSUANCE OF A CONTRACT PURCHASE ORDER IN THE AMOUNT OF
$2,544,397 WITH FOUR (4) ONE-YEAR EXTENSIONS AT THE CITY'S OPTION TO
MATICH CORPORATION FOR STREET PAVING SERVICES FOR MILL AND
OVERLAY PROJECTS.
WHEREAS, Matich Corporation submitted the lowest bid for street paving
services for mill and overlay projects per RFO F-09-13;
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. 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 as
Exhibit "A", and incorporated herein by this reference as fully as though set forth at
length. The bid from Matich Corporation is hereby accepted as the lowest responsible
bid after applying the "Local Vendor Preference" as set forth in Section J of the
Instructions to Bidders, for a bid price equal to $89,798 and the lowest responsible bid
amount of $85,308 after applying the 5% Local Vendor Preference.
SECTION 2. That, in accordance with the Bid Documents for RFO F-09-13, and
pursuant to this determination the Director of Finance or her designee is hereby
authorized to issue a Contract Purchase Order to Matich Corporation in the amount of
$2,544,397 for FY 09-10.
SECTION 3. The Contract Purchase Order shall reference this Resolution
Number and shall read, "Matich Corporation for street paving services for mill and
overlay projects. Agreement not to exceed $2.544,397" and shall incorporate the
terms and conditions of the agreement.
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
2009-324
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
ISSUANCE OF A CONTRACT PURCHASE ORDER IN THE AMOUNT OF
$2,544,397 WITH FOUR (4) ONE-YEAR EXTENSIONS AT THE CITY'S OPTION TO
MATICH CORPORATION FOR STREET PAVING SERVICES FOR MILL AND
OVERLAY PROJECTS.
SECTION 4. The authorization to execute the above referenced Contract
Purchase Order and Agreement shall be automatically rescinded if it is not executed
by both parties within sixty (60) days after the passage of this Resolution.
III
III
III
III
III
III
III
III
III
III
III
III
III
III
III
III
III
III
2009-324
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 OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
ISSUANCE OF A CONTRACT PURCHASE ORDER IN THE AMOUNT OF
$2,544,397 WITH FOUR (4) ONE-YEAR EXTENSIONS AT THE CITY'S OPTION TO
MATICH CORPORATION FOR STREET PAVING SERVICES FOR MILL AND
OVERLAY PROJECTS.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
Mayor and Common Council of the City of San Bernardino at a ioint regular
, 2009, by the
meeting thereof, held on the 21st day of Septemh<>r
following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA x
BAXTER x
BRINKER x
x
SHORETT
KELLEY x
JOHNSON x
MCCAMMACK x
~ .l:J CL~
Ra hel G. Clark, City Clerk
The foregoing resolution is hereby approved this <--,1~/le day of
September , 2009.
~~or
City of San Bernardino
Approved as to Form:
By,~ ~~
Tim Sabo
Special Counsel
2009-324
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
VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 21st day of September 2009, 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 ofthe CITY to contract for mill and overlay services; and
WHEREAS, the City of San Bernardino did solicit and accept proposals and bids from
a number of vendors for mill and overlay services per RFQ F-09-13.
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 RFQ F-09-13, for mill and
overlay services, dated June 4, 2009, attached hereto as Attachment "2" 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 pursuant to the bid summary sheet for vendor attached hereto as
Attachment "2" and made a part hereto the not to exceed amount of $2,544,397 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 8, 2009 through June 30, 2010,
with four (4) one-year extensions at the City's option. Option year one, if exercised, shall be
Exhibit "A"
1
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
effective July 1, 2010 through June 30, 2011. Option year two, if exercised, shall be effective
July 1, 2011 through June 30, 2012. Option year three, if exercised, shall be effective July 1,
2012 through June 30, 2013. Option year four, if exercised, shall be effective July 1, 2013
through June 30, 2014. 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.
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 officials, 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.
Exhibit "A"
2
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
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 ofthe Califomia Goverrunent Code.
7. INDEPENDENT CONTRACTOR.
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.
Exhibit "A"
3
1 8.
2
3
4
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,
qualifications, insurance and approval of whatever nature that are legally required of VENDOR
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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 "attomeys'
fees" for the purposes of this paragraph.
III
III
Exhibit "A"
4
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
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 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 subj ect 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.
Exhibit "A"
5
III
III
III
III
III
III
III
III
III
III
III
III
III
III
III
III
III
III
III
Exhibit "A"
6
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
VENDOR SERVICE AGREEMENT
MATICH CORPORATION
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated: q. 30 , 2009
VENDOR. IU
BY:~'
Dated ~./ 023, 2009
By'
Charles E. McNeel
Approved as to Form:
By:
Tim Salio
Special Coun
Exhibit "A"
7
Attachment "1"
CIP# WARD ACCOUNT # TOTAL SQUARE PROJECT LOCATION MATICH
BUDGET FOOTAGE
SS 06-31 3 129-367-5504-7887 $ 27,000 70.000 Mountain from Hill to Northpark $ 20,500
135-367-5504-7887 $ 60,500 $ 60,500
SS 10-04 6 129-367-5504-7881 $ 61,000 48,800 Donald from San Anselmo to Duffv $ 55,000
SS 10-05 6 129-367-5504-7882 $ 15,000 12,000 San Carlo Ct from San Carlo to cul-de-sac $ 13,000
SS 10-06 6 129-367-5504-7883 $ 37,000 29,600 San Anselmo from Duffv to cul-de-sac $ 32.500
SS 08-02 1,3 135-378-5504-7820 $ 468,000 374,400 G from 2nd to Mill $ 421,025
SS 08-15 1,2 135-367-5504-7793 $ 390,000 312,000 D from 5th to Baseline $ 353,650
SS 09-07 3 135-378-5504-7819 $ 78,000 62,400 Laurelwood from Tiooecanoe to Feree $ 70,000
SS 09-14 5 135-378-5504-7823 $ 172,000 70,000 Northoark from Sierra to Camous $ 157,000
SS 09-16 4 135-378-5504-7876 $ 30,000 24,000 44th from Electric to H $ 24,400
SS 09-18 4,5 135.378-5504-7877 $ 120,000 96,000 Hill from Western to G $ 109,000
SS 1 0-02 5 135-378-5504-7879 $ 160,000 48,000 Chestnut from Irvinqton to southerlv terminus $ 154,000
SS 10-08 3 135-378-5504-7885 $ 75,000 60.000 Coulston from Richardson to Ferree $ 67,000
SS 09-05 6 240-379-5504-7826 $ 386,122 240,000 Hallmark Pkw from Universitv to Saratoaa Way $ 346,672
SS 06-24 1 242-362-5504-7597 $ 660.000 160,000 Harrv Sheooard Drive $ 200,000
SS 10-03 4 258-359-5504-7880 $ 155,000 124,000 Mountain from Alto to 39th $ 140,000
SS 08-12 1.3 258-359-5504-7783 $ 99,900 27,920 Rialto from Arrowhead to E $ 91,900
SS 08-19 5 258-359-5504-7784 $ 252,500 202,000 Palm from Irvinqton to NE Terminus $ 228,250
TOTALS $ 3,247,022 $ 2,544,397
:2:
C-
o
o
M
en
o
o
N
-
'<t
~(D
....
c::
ell
E
.::
o
<ll
....
....
<C
I-
W
W
I
(f)
>-
n::
<e:
~
2
:::J
(f)
o
((J
.~~~
c::
."" t1l
... ~~,
~ ~~
!
I
~
~
I
~
If
Uj
cc
crt
El
Z
tU
~'
::,Th~;:
TIit
",,~..c
~:O';.
~:g
f.jll
111
i .;.r.:-tl'..fll ~
o ~'
u.. m;I
a:::
J"
~
w
e- rn
t1l c
I <C
oIJ .!l!
>- C
'0 rn
-(ij--CI)
I
'-'
CL
Z
<.>
c
>-
<C
-l
a:::
UJ
>
o
-l
-l
~
"
Z
:>
<C
n.
t1l
c::
o
~
o
U
a a
a a
a Lt)
a N
co
a a
co a
a Lt)
N
a
a
a
M
Lt)
a a
a a
Lt) '<t
Lt)
a
a
..-
Lt).
a
a
I'-
..-
a
a
Lt)
N
If)
N
..-
a
a
'<t_
N
a
a
Lt)
('")
a
a
Lt)
'"
a
a
a
Lt)
a
a
a
'<t
'<t
a a
a a
co CD
..- N
a
a
Lt)
co
a
Lt)
co
a
a
a
ll"i
a a a
a If) a
N I'- a
~ ct) ('f)
..-
If) N Lt) a
..- I'- M
C"') 0 0 0 0 0 0 LO
..!!2 -9__%* -"i_a. co _co N
ci LO I..V 'I"""" 0 ~ N N
..- Lt)
oJ)
'0::
~
W
CL
a
o a
c a
'0 I'-
~ If)
rn
c
~
W
OJ I'-
C Lt)
t1l a
(f)
a
a
a.
co
Lt)
co
Lt)
a
c
o
""
rn
<.>
a ..Q
a
a
a
a
..-
~
rr
oJ)
a a
a a
a If)
'<t
..-
a
a
a
..-
a
a
'<to
CD
a
a
~
CD
~
W
0.
..- ('")
D
D
Lt)
..-
co
N
M
Lt)
CD
I'-
I'-
..-
>-
rn
'0
~
W
o.a
a
N
D
'<t
co
N
N
'<t
..-
a
a
..-
M
Lt)
Lt)
..-
.?
~
.::
a
a
Lt)
N
a
a
Lt)
N
a
D
D
Lt)
a Lt)
D N
a ci
Lt)
c::
o
~ ~
<.> rr
o oJ)
~
W a
0. a
D
..- ..-
a
Lt)
I'-
..-
Lt)
I'-
..-
a
Lt)
N
D
D
'<t
..-
a
"':
..-
a a
D a
..- ..-
D
..-
ci
~
rr
oJ)
,
a a
a a
0. a.
..-
a
Lt)
N
N
a
D
O'l
a
O'l
a
D
..-
D
~
rr~
oJ) c::
..-
D 0
If) D
..- Lt)
o
D
Lt)
'1""""- ...;
o 0
Lt) ('")
..-
o Lt)
a N
..- O'l
..-
D
Lt)
co
..-
..-
Lt) Lt)
:"l; ('")
a -0
o
a
a
Lt)
N
Lt)
N
o
..-
o
..-
a
~
0-
rn
o a
o a
o N
..fLt)
'<t
a
o
o
o
Lt)
M
a
o
If)
N
Lt)
N
o
o
a
a
o
N
N
o
o
~
0-'0
rn t1l
, 0
a
a
o
o
a
..-
o
('")
..-
a
o
o
N
a
Lt)
a
a
a
o
..-
a
Lt)
N
a
CD
1'-.
M
v
O'l
rn
~ c
~ .9
o a
'<t Lt)
a
Lt)
N
('")
Lt)
CD
o
a
I'-
N
'<t
Lt)
a
co
<n
a
o
Lt)
..-
o
a
Lt)
..-
o
co
Lt)
I-
Z
tU
a:::
<C
C-
C-
<C
a:::
tU
CI
CI
iii
5:
o
...J
z
o 0
a 0
o. C!.
('") M
'<t '<t
..- ..-
c
rn
W
'0
C
o
...J
(f)
o 0
co co
co CIC!.
I'- ....
co co
>.
.c
"'C
ell
..,
...
o
o
ell
a:::
z
z
>-
~
Z
~
o
>-
~
~
o
'0
C
W
>
rn
<.>
o
...J
If) Il)
..- ..-
CD lD
M M
0> en
co
0>
I'-
0>
co
Cii
..... :::R t./)
o 0 ...J
I- Lt) <c
..6 ~ I-
:J W 0
(f) ...J I-
0'
O'l
'<t
'<t
~
ilg~B.E~.~~.~~~~.~~~~I~.~~.
o 0 a
..- a 0
Lt) a
o a
..- ..-
o
rn
c 0
.8 a
, 0
o
..-
a
o 0
..- Lt)
a
o
N
('")
a
a
Lt)
..-
'<t
CD
a
a
Lt)
..-
a
Lt)
I'-
('")
a
o
Lt)
..-
Lt)
I'-
a
o
Lt)
..-
c
o
""
[l5
..Q
~
W
0.
,
..-
co 3:
o 0
M i:::
.c 0
co ::;;
CI
>.
.c
"'C
ell
o
c::
:J
o
C
C
I1l
"'C
C
<ll
"'C
ell
c::
ell
C.
o
1..~...~~m.I~~;~M~~I~.~~.-~1I
o~rcnr ~tn~~....lr.01....lr.....lr.....lr.....lr.....lr.Nv.>....lr.....lr.,~~(JJ
""CQCD c: 0 1000000000 10, I 0 JT:fj~:mc:r
CD -I (/) rr (") "'0 I I 0 0 I 0 0 0 0"'0 0 "C "0 _0 "'tJ -<n.~;-~ CD
::l~'" -I' III CD -" 00-' OOOCD 0 CD CD 0 <)> ''''''t'''~l'Il
l'Il U1 < ""'OroooO I I ,-,;:;r""""'O - ~;~';fUj,~
c.';::RO o::J....,o,:J:J 0""0.00 Z :;e..~:cn
Illenolii~ ()"'O' ","'~1:l1:l1:l()'<~()", G1 j;lJ~~
::::s a. 2t QJ~..o ;:::s:o;:::s:o~2t S-.a:s:
c. Q o' a.. ~ o' ,5" ;:;.
II> .-,-< ::l ~ :::l:::l r
::l r
::l 0 0
o ~ <
c Z m
::l ~ ;:u
n r
l'Il )>
~ -<
CT
'<
0
..... .....
$: N N
0 !'- ..,. Z
~ 01 U1
~
0 01 U1
:E 0 0
N N .....
OJ N 0 0 ..... U1 0 U1 0
U1 --J 0 0 OJ N N 0 to 0 0 --J r
0 0 0 (J) N U1 ..... W U1 U1 0 U1 0 0 U1 III
I
III
0-
--J iil
w OJ (J) OJ ..... W U1 ..... N ..... (J) ..... U1
OJ U1 0 0 tv N (J) 0 0 N U1 to 0 U1 0
U1 0 0 0 0 U1 0 0 0 U1 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0
..... U1 !=' w ..... N en
OJ 0 w W N '..,. 0 III
U1 ..... 0 U1 ..... U1 :::l
0 U1 N W U1 W N 0 ..... 0 w (J) 0 U1
0 0 0 U1 U1 U1 W U1 OJ OJ 0 --J 0 0 --J III
CD
,
:::l
III
U1 ,
..... N ..,. W U1 ..... W W N W N -l> N ,--J ~
. or
U1 to OJ U1 U1 --J W N 0 ..... U1 --J W U1 0 0
0 N 0 0 0 U1 0 U1 OJ OJ 0 ..,. OJ 0 0
0 U1 0 0 0 0 0 0 0 0 0 0 0 0 0
\D
W
lD
O'l
o
to
OJ
CD
o
U1
~
Co
..,.
~
-<
;0
l'Il
n
o
..,
~
l'Il
~
CT
':':
en
r
o
:::l
0.
ro
III
:::l
~?-
I
,~
,~
=
~gr
~~
-,<,,,.,
"'=
:sa:
,-,"=*.
-:tm"
f'j~~~
'-"=.
""""
7.,"""
"",,',
j~~
l::l i
ro
:::l
(;;~ ~-
o o' I'll
c: :::lZ
!:!: ID :l:E)
o - '"
:::l m
'" '!,i<J
i
;r'.Si
.:~-;;:.;-:
~~
-."',,"~
""=.
I
~!:E
JI
I
::m~
"''''''
~'"''
'!;TiE
~Jf:>;i
"H'..~
,,~'"
J.~j
""'''
~f
~~
-,~2;;-
~?:
"%~
~
"1J
OJ
<
CD
~
CD
'"
-
:::l
()
'<.--
;0
"0)
0_
"0
0
O(j)
'Pc
.....
wS:
s:
)>
::0
-<
(j)
I
m
m
-i
)>
::l:
II>
n
::T
3
l'Il
::l
....
O'l "1
-
..,.
-
N
0
0
CD
~
0
0
-0
~
-0
en
-I
June 4,2009
City .of San Bemardino
Purchasing Division
300 North "D~, Street, 4th Floor
San Bemardino, Ca 92418
Re: Paving Services for Mill and Overlay Projects
Attention: Deborah R. Morrow
Matich Corporation hereby submits our bid for the aforementioned project.
Matich Corporation has an excellent working relationship with the subcontractors that
will be utilized on this project, Cal Stripe of San Bernardino, License # 685358 and
Rubberized Crackfiller Sealant Inc of Fullerton, License # 484758.
Matich Corporation acknowledges receipt of Addendum # 1.
This bid will remain valid for a period of 90 days from date of submittal. The signature of
Eugene P. Boisvert appears below and is authorized to bind the Bidder along with the
Officers ofthe Corporation.
Matich Corporation has been in business for 91 years. And has 3 asphalt plants that are
capable of providing the necessary materials for this project. The company has its
Corporate office as well as being based in San Bernardino.
See attached list of references.
Respectfully,
MATICH CORPORATION
~/P
Eugene P. Boisvert
Vice President
P.O. BOX 50,.000 SAN BERNARDINO. CA. 92412 . 1596 HARRY SHEPHARD BLVD, SAN BERNARDINO. TELEPHONE (9091 382-7400 .. fAX (909) 382.0113
www.matichcorp.com
Matichcorporatio['
RFQ F-09-13
Paving MiWOveday
City of San Bemardino
II. TECHNICAL SPECIFICATIONS
RFQ F.o9.13
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 intent of this
document is to receive unit pricing for all items on Attachment 1 and 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 mY I and
oyerlay services. Through a competitive qualification and bid based
procurement process, the City of San Bemardino intends to enter into an
agreement with a qualified vendor for mill and overlay services for one year with
possible annual extensions.
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.
I
I
,
FAILURE TO COMPLETE RIGHT HAND COLUMN WILL INVALIDATE BID
CATEGORY t ACCEPTABLE I AS
SPECIFIED
1. SCOPE OF WORK
The City of San Bemardino traditionally completes IICcOTlMut
several mill and overlay projects per year all
averaging 100,000 square feet per project. For
bidding purposes and to better compare pricing, the
100,000 square foot average will be used to
establish the unit cost for all items 1-15 listed on
Matich Corporatio
RFQF-09-13
Paving M11110verl.y
Attachment 1. The Contractor recognizes and
agrees that this agreement is for the purpose of
establishing a contractual relationship between the
City of San Bemardino and the contractor for future
road improvements upon real and personal property
of the City of San Bernardino.
2. PLACING ASPHALT MATERIALS
The Contractor must supply all asphalt material,
manpower, and equipment to apply the material.
Asphalt material needed consist of 3/8, 112 or 3/4
inch PG 6410. Manpower will consist of all fta-aT II- i3 U!
Supervision, labor to operate paver, rollers, delivery
drivers, sweeper operators, and ground crew (to
include rakers, shovels, 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. GREENBOOK STANDARDS
All work will comply with the current
"GREEN BOOK" Standard Specifications for Public flCU:J>IIlB~
Works Construction and the City of San Bemardino
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.
B. A Traffic Control Plan shall be prepared at least A cUi'fTfl Bw
two weeks in advance of constructlon and
submitted to the City Engineer for review and
approval. The Traffic Control Plan shall show
signs, devices, and ather necessary features in
detail to properly safeguard the publiC from
unnecessary inconvenience or hazard.
5. SOUND CONTROL REQUIREMENTS
Sound control shall comply with Chaater 8.54 of the
I
Maticl1Corporation
RFQ F.09-13
Paving MillIOVerlay
Gity of San Bemardino Municipal Code and the
following provisions: The noise level from the
consbuction work. between the hours of 9:00 p.m. Ace-&TMi$
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)
REQUIREMENTS
All work shall comply with NPDES requirements
pursuant to the State Water Resources Board and
the Gal Trans Storm Water Quality handbooks to tI Cc..&ffle. Lit.
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 Acct,:'"P'ffiIJt.i
parking signs 72 hours in advance before the
project start date.
8. PROJECT APPEARANGE
Work crews shall maintain a neat appearance to
the work. In any area visible to the public, the
following shall apply: When practicable, broken
asphalt, concrete and other debris developed ftu~'irl6W
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
When pavement grinding has occurred, the street A cc.f!'PTII # t.t=
shall be paved back no later than seven calendar
days.
10. DUST CONTROL
After grinding, the street shall be periodically Acce.Y'i It6lf
watered and/or swent to keeo dust to a minimum
I
i
,
MatichCorporat,on
RFQ F-09-13
Paving MillIOveday
and during high winds, more frequent waterlng will
be required.
11. PAVEMENT TRANSITIONS
A temporary asphalt concrete remp shall be
placed to provide a smooth transition for
vehicles at all transverse cold mill areas. A cc.lWffPSUt
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 notification has been provided to
Underground Service Alert (USA) at least Pr<:.dfTl;eU
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 7:00 a.m. and 5:00 p.m. Monday hcct:"'f1ftpW
through Friday, unless approved othelWise
by the City Engineer or Public Services
Director, or his designee.
14. COORDINATION
The Contractor will have to coordinate with
Milling Contractor hired by the City for the
milling process and provide trucking along ftCc.i,...../'TMU
with traffic control during the milling process.
Contractor must supply a supervisor to
coordinate all activities.
15. REFERENCE LIST
Provide three (3) local government agencies 5~ fl7rADlfZtJ
and/or company's previous or current contact
references that support your ability to provide
mill and overlay Services as described in this
I
Malien Corporation
RFQ F-09.13
Paving Mill/Overlay
proposal.
16. CONTRAGTLENGTH
The length of this contract shall be for one (1) year ftaeP7A6U
with four (4) one-year extensions at the City's -
opllon.
..
17. QUALlFICA TION/LlCENSES
The vendor represents that it, its employees and
subcontractors have all licenses, permits, sa h7lACfIiJ
quafiflCStlons and approvals of whatever nature that
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
Supply a unit cost per ton of asphalt for any asphalt ftuRlTflIM.e
materials deemed necessary.
19. LABOR RATES
PrevaUing wage must be paid for the term of this
contract. Prevailing wage reports shall accompany
all invoices.
For the work to be completed on City property, the prime PrcuPr IMLe
contractor and all subcontractors are required to pay
their laborers and mechanics employed under !his
Contract, a wage not less than minimum wage
classification, as specified in both the Federal and State
Wage Decision when the Contract amount for the Prime
Contract exceeds $2,000. The higher ofthe two
applicable wage classifications, either State
Prevalllng Wage or Davls-Bacon Federal Prevailing
Wage, will be enforced for all work under this
Contract. The prime contractor is responsible for
ensuring subcontractor compliance with Davis-Bacon
and related Act Requirements. The Federal Labor
StandardS Provisions (HUD 4010) apply to this project.
20. SUBCONTRACTOR
Contractor must list all su bcontractors used
\
\.
1
I
I
,
i
,
!
I.
I
i
,
,
I
I;
,.
!
I
I:
MalichCorporation
RFQ F-09-13
pavmg MiWOVerlay
for the duration of this contract. If a new
su bcontractor Is hired to provide services
during the contract, the contractor must
submit the name of the new subcontractor, f'1cc.Iff'PIlJ8tk
subcontractor's license, and insurance
Information one-week prior to work
performed.
21. TEMPORARY STRIPING
Contractor must install temporary striping
after milling operation and paving street. It CU""PT ft'f>t.b
Painted striping is required for the milling
process and reflectorized tabs for the
finished asphalt street.
22. BID AND PERFORMANCE BONDS
Contractor must submn a 100% performance f'rUffT MuJ'
bond.
23. CONTRACTOR NON-COMPLIANCE
A. If the Public Services Department Director, or
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 stating the deficiencies and specifying a
time frame to correct the specified deficiencies.
This time frame shall be reasonable, as
determined by the Public Services Department ltc.c.t!'I'Tfl ~W
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 Department Director, or
designee, may exercise the following
measures:
1. Deduct from the vendor's payment the
amount necessary to correct the
deficiency. including City overhead costs
and impose a deficiency deduction.
~
,
i'
I.
I
I
I
Matich CorpOration
RFQF.09-13
Paving MiWOverlay
2. Withhold the entire or partial payment
3. Terminate the contract and award to
second bidder.
24. PRICE FORM
Complete Attachment 1 (Price Form) on A-CLePffl&e
page 19-A
f
I
I
I
I
I
,...-
MalichCorpora/ion
RFQF-09-13
Paving MilIIOverlay
Price Form (contI)
ANNUAL PURCHASE ORDER
Effective on or about September 1, 2009 through June 30. 2010 plus four (4) single-year
renewal options. at the City's discretion for City's requirements,
Ootion vear one if exercised. shall be effective July 1, 2010 through June 30, 2011.
Ootlon vear two if exercised. shall be effective July 1, 2011 through June 30, 2012. .
Ootion vear three if exercised, shall be effective July 1,2012 through June 30. 2013.
Opllon vear four if exercised, shall be effective July 1. 2013 through June 30, 2014.
Actual option year pric1ng shall be negotiated with the successful Bidder(s) prior to exercising
of any given option year. Option years shall become effective only upon issuance by the City
of a duly authorized Purchase Order.
Are there any other additional or incidental costs, which will be required by your
~n orderto meet the requirements of the Technical Specifications? Yes I
~ (circle one). If you answered "Yes", please provide detail of said additional
I
I
Please indicate any elements of the Technical Specifications that cannot be met
by your firm.
Have you included in your bid all informational items and forms as requested~~
I No (circle one). If you answered "No", please explain: \.::::V
This offer shall remain firm for 90 days from RFQ close date.
Terms and conditions as set forth in this RFQ apply to this bid.
MatiChCorpotaUon
RFQ F-09-13
Paving MilIIOverlay
Cash discount allowable %
are: Net thirty (30) days.
days; unless otherwise stated. payment tenns
In signing this bid. Bidder warrants that aU certifications and documents requested
herein are attached and properly completed and signed.
From time to time, the City may issue one or more addenda to this RFQ. Below,
please indicate all Addenda to this RFQ received by your finn, and the date said
Addenda wasJwere received.
Verification of Addenda Received
Received on: /"-1-09
Received on:
Received on: -:I,J. r+-
b:JVJV/ ~
PRINT SIGNER'S NAME AND TITLE: EugeneP.Boisverl
Addenda No:
Addenda No:
Addenda No:
I
AUTHORIZED SIGNATURE:
Vice Preside~l
DATE SIGNED;
COMPANY NAME & ADDRESS:
PHONE: 90113ll:2-7400
I.. -.If -cJ9
MatichCorporation 1596 HarrySheppard Blvd
SanBerr....ntn(l, c~ 9~%'d
FAX: 909382,OH3
EMAIL: 6B~;svERT"@mI/TI~H.C....Cd....
IF SUBMITTING A "NO BIOD, PLEASE STATE REASON(S) BELOW:
I
I'
i
,
I
;
~~
a.ll
~5
~1
~
....
~ H
~ Z
~~
~~
.~U
..<
~!::
<
'0
~
::;
'E
p.,
o
j
~
~
<J)
~
E-<
i
u
.... .f::
d ~ N
.0" is -g l3 :::. i
Co ~.,8 . ~ ts8 00 f;j
N 0 ,,_ ~ >-1" - Sl,
I >-1 gi ~ 0 ~~ ~ a
_~ .g I3 8 ~ j oi .~ z
~ ~ 8~ I ~U> <J) 4
"U ". ~b~.s ~ -
~ It ~~",g. _liJSl;l::; gJ ~ S~
>, '::1 " ::l ~ ca i:l:i U 1 '" gs 0 ...""
.c ~ S ~ ,0 53 !I~ lU +> m 0
>, ;:I 00 1il 'ol ,n ll_ .~Mi ~ is g'li
.. a ~N"o ~-p.,] "~a >-1~
] u ~5.3~ ~~l~~ ~:~~ ~8
o :B t;j ~ g ~ - ~ - ..:;: C!l >>. .lJ c!J Q !11.2
I ~~~~1~~1~1~1;~~~~ ]1
~ po I ~N>,"'~~5::..:;:gg~1lEJ!~i~~~.,;
. ~~Qoj~]~~1~~~~~~~~$t5~
'" ~'" .0;.."""''' -'"' ,,2.... CI~..E
~ ~~u~~~~~~~8M~SFO~~I'~:
~~,nE'o!-~fE.~~~-~~~: ~~
5:: ~ ::s .a E-< ~ <J) ~ .s ~ ~1:3 ~ 1J ~ ~ ~ :I! ~~ E-< 1 ~
::l ~j
o t)~l)b ~ 1rt ~O~
"+I <ll <ll <ll .s <ll J!. al "t;j .ll '~r
~ I~ g ~ ~ ~!;l !: ~ 0 0 j l
a a !i g e, 2.~ ~ g. I.. Ii jg ~ 'w 1l
p., ~~ oooo'OO>-1E-<<J)I~~. ~~9
~ ~
~.s
~~
- g."
II
~i
~_!3
.8~
boll
N ~ ~~ ~~oo~s~ ~~~ ~2e
~11
I]
~K~[ ~.,
'ail: 4J ~
:::::;,@. ....s
~
;!oj
~11)"S
ol:l<ll
.~ ~ 0
~" lil
....:2: 6-
<Zl
""
0;0:..0
1i!'13 8
..Ej ~ 6
&l&~
~ .;
~z _
~I
'Q
o
Q
N
It)
\ ~I iI
~ ~ ~
-...s '<\' ft\
\t
"I
t:~
~-,;;
S
1il
]
Il
~
-
'"
~~ i\ t\ 1\ 81 &\
~ i'l .. " \) <)
\n'~~~"'~
. .... ~I
.1 .1.1" i,'
\l ~ \l ~ ';\ ~
~,;\.~c-~",
~ "itv\ "\'-..: Il'
.,.
Ol" . tl
" '1" I ,\ \)
~Pp'l;!J"
~
~I ~ rg S ~
In >l~"''''tI.l
c-.~~~~~
"'tI.lEo<~
o o~
Eo< E-<
~I ~l &\
(l ~ ~
~-
000 0
ooogo8
oqq.-t()cS
---- "1"""1
o
800
..... '"
8
....
~\
~
~
~
MatiChcorporatiOO!
i
('\0
~
1
::!:
"
..
e
'"
-
tI.l