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HomeMy WebLinkAbout26-Public Services ORIGINAL CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION From: Ken Fischer, Director Subject: A resolution authorizing the execution of an agreement and Dept: Public Services purchase order in the amount of $2,022,995.00 with a one-year Date: March 12, 2007 extension at the City's option, between the City of San Bernardino and Matich Corporation street paving services utilized by the Public Services Department, Streets Division. Meeting Date: April 2, 2007 Synopsis of Previous Council Action: Recommended Motion: 1) Adopt Resolution . Signature Contact Contact person: Ken Fischer, Director Phone: 5140 Supporting data attached: Ward: All Staff Report, Resolution, Bids Agreement FUNDING REQUIREMENTS: Amount: $ 2,022,955.00 Source: FY 06-07 Account Numbers (See attached) ,//�� Finance: Council Notes: ��sa Agenda Item No. �� CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION Staff Report i Subject: A resolution authorizing the execution of an agreement and purchase order in the amount of $2,022,955.00 with a one-year extension at the City's option, between the City of San Bernardino and Matich Corporation for street paving services utilized by the Public Services Department, Streets Division. Background: On December 1, 2005 a formal bid process was initiated to solicit bids for street paving services. Matich Corporation submitted the lowest bid and a purchase order was approved which included two additional one-year contract extensions at the option of the City. The Public Services Department, Streets Division would like to exercise the first option year. The option allows an adjustment to the current pricing structure not to exceed five (5) percent. The current contract for Matich Corporation has a list of services that the City uses for milling and overlay projects. The Public Services Department, Street Division has assisted Matich Corporation with rolling asphalt and traffic control to save costs on projects. Matich Corporation has agreed to supply these services (see the attached list for services and cost). The added services will not exceed the current fund budget for this project, and will allow staff to work on other street repairs not part of this contracted work. Financial Impact: Funds for these repairs are available and have been budgeted in the FY 06-07, Account Numbers: (see attached) Recommendation: Adopt Resolution. Financial Impact CIP # FUND SOURCE Amount SS O4-15 129-367-5504-7200 SS 06-80 129-367-5504-7684 SS 07-12 129-367-5504-7682 $558,000.00 SS 07-13 129-367-5504-7590 SS 07-25 129-367-5504-7683 SS 07-11 126-369-5504-7679 $60,000.00 SS O4-27 126-369-5504-7476 SS04-154 240-379-5504-7687 SS04-155 240-379-5504-7688 SS05-08 240-379-5504-7689 $379,455.00 SS06-15 240-379-5504-7690 SS06-18 240-379-5504-7691 SS 06-82 240-379-5504-7692 SS 06-83 240-379-5504-7693 $188,000.00 SS 06-87 240-379-5504-7694 SS 07-27 135-378-5504-7730 SS06-33 135-378-5504-7686 $612,500.00 SS 07-28 135-378-5504-7731 SS O4-28 246-366-5504-7136 $225,000.00 Total $2,022,955.00 CITY OF SAN BERNARDINO PUBLIC SERVICES DEPARTMENT MATICH CORPORATION - MATERIAL AND LABOR RATES - 1/01/07 THRU 12/31/07 Description Unit of'Measure Total -with Tax S Delivery Asphalt Materials 1. Type 1/2"III C-3-AR 4000 Per Ton 48.30 2. Type 3/4"III B-2-AR-4000 dense medium coarse Per Ton 48.30 3. Type 3/4"III B-3-AR-4000 Per Ton 48.30 4. Type '/2"111 C-2-AR-4000 Per Ton 48.30 5. Type 3/8"III D-2-AR-4000 Per Ton 48.30 6. Type E extra fine Per Ton 48.30 7. Asphalt emulsion SS1H Per Gallon - Same as Item 8 XmkmKX :3.40 8. Tack material Gallon 3.40 9. Asphalt Grindings Haul-Away Per Ton 5.25 Asphalt Paving Machines Equipment 10. Asphalt Paving Machine with one (1) operator and two (2) screedrnen Daily Rental Rate 1 How many miles per eight(8)hour day Ir8 Hour Da 3 11. Tack Truck with one(1)Operator Daily Rental Rate How many miles per eight(8)hour day? N/A 8 Hour Da 12. Sweeper with one(1)Operator 8 Hour Day How many miles per eight(8)hour day? Daily Rental Rate j 13. Other Cost- Move In & Out Equipment per Location 420.00 i 14. Other Cost- Additional Move In & Out per Location for each additional piece of equipment 15. Asphalt Roller with Operator (8 Hour Day) Daily Rental Rate 1144.00 16. Asphalt-Foremen with Pickup (8 Hour Day) Daily Rental Rate 17. Asphalt Laborer (8 Hour Day) Daily Rental Rate, 18. Asphalt Crew Truck w/Traffic Control Materials Daily Rental Rate` QAA AA 13 CH PORATION SINCE 1918 January 2, 2007 City of San Bernardino Public Services Department Attn: Randy K Re: RFQ F-06-15 Pricing Updates Dear Randy, Per page 12 of the above referenced RFQ I am submitting to the City of San Bernardino the additional cost increases that Matich Corporation is intitled to per the Annual Purchase Order. If you have any questions please give me a call. Sincerely, Patrick Matich V.P. Asphalt Sales P.O. BOX 50,000 SAN BERNARDINO.CA 92412 1596 HARPY SHEPPARD BLVD.SAN BERNARDINO TELEPHONE !909)382.7400 FAX(9091 382-0169 www.matichcorp.com CH P®RATION SINCE 1918 December 1 . 2005 City of San Bernardino 300 N. "D" Street, 4th Floor San Bernardino, Ca 92418 Re: RFQ F-06-15 Attention: Sheila A. Futch 1. Presentation Matich Corporation, 1596 Harry Shepard Blvd, San Bernardino, Ca 92408, phone # 909 382-7423, fax # 909 382-0169 hereby submits a bid for RFQ F-06-15. Matich Corporation will be self-performing all work for this proposal. We will not be utilizing any subcontractors. To our knowledge no addenda were issued for this RFQ. Patrick A. Matich, Vice President, 1596 Harry Sheppard Blvd, San Bernardino, Ca 92408, phone # 909 382-7423, fax 909 382-0169 will be the contact person during bid evaluation. This RFQ will remain in effect for a period of 120 days. The authorized person for this RFQ is Patrick A. Matich. 2. Exceptions / Deviations Matich Corporation has no exceptions or deviations form the requirements of this RFQ. 3. Qualifications, Related Experience & References of Bidder Matich Corporation has been in business for 87 years, and annually produces thousand of tons of quality Asphalt Concrete for public agencies as well as the private sector. At the present time Matich Corporation operates three asphalt concrete hot plants and can service this RFQ in a timely manner. P.O.BOX 50,000 SAN BERNARDINO,CA 92412 • 1596 HARRY SHEPPARD BLVD,SAN BERNARDINO • TELEPHONE(909)382-7400 • FAX(909)382-0169 www.matichcorp.com P IATICH CORPORATION Matich Corporation takes pride in meeting schedules on all of our projects, and has on outstanding record of meeting the schedule. Once a project is scheduled the commitment is made to keep the schedule. A few of the many public agency clients that are serviced annually by Matich Corporation are: State of California, County of San Bernardino, County of Riverside, City of San Bernardino, City of Redlands, City of Yucaipa, City of Rialto, City of Fontana, City of Twentynine Palms, and many more municipalities. Matich Corporation was founded in 1918, and has been a leader in construction for 87 years. Matich Corporation is currently being managed by the third generation. Three references are: County of San Bernardino 825 East 3`d Street, Room 147 San Bernardino, Ca 92415-0835 Jerry Ivy, Director of Transportation 909 387-7920 City of Redlands P.O. Box 3005 Redlands, Ca 92373 Allan Griffith, Public Works Engineer 909 798-7586 City of Yucaipa 34272 Yucaipa Blvd Yucaipa, Ca 92399 Ray Casey, City Engineer 909 797-2489 Matich Corporation has business licenses in all Cities that it operates in and our contract's license number is 149783 A & B. Copies of San Bernardino's and contractors licenses are included. AHATC—h CORPORATION San Ilerfl-ar in November 16, 2005 SUBJECT: REQUEST FOR QUOTE RFO F-06-15 Gentlemen/Ladies: The City of San Bernardino (City) invites bids from qualified vendors for: Asphalt for Paving and Paving Machines Rental on behalf of the City's Public Services Department—Street Division. Please read this entire RFQ package, paying particular attention to due dates,the Instructions to Bidders, Technical Specifications, General Specifications and Price Forms.Bids must include all requested information and forms, and must be signed by an authorized agent of the offering company in order to be considered responsive. Closing Date: Bids must be submitted at or before 2:30, PM, Thursday, December 1, 2005, at City Hall, 300 N. "D" St., 4th floor, San Bernardino, CA 92418 Sincerely, Sheila A. Futch Purchasing Division MATICH CORPORATION SECTION I. INSTRUCTIONS TO BIDDERS MIATIC1% CORPpRATION 1. INSTRUCTIONS TO BIDDERS A. Examination of Bid Documents 1. By submitting a bid. the Bidder represents that it has thoroughly examined and become familiar with the items required under this RFQ and that it is capable of quality performance to achieve the City's objectives. 2. The City reserves the right to remove from its mailing list for future RFQs, for an undetermined period of time, the name of any Bidder for failure to accept a contract, failure to respond to two (2) consecutive RFQs and/or unsatisfactory performance. Please note that a"No Bid" is considered a response. B. Addenda Any City changes to the requirements will be made by written addendum to this RFQ. Any written addenda issued pertaining to this RFQ shall be incorporated into the terms and conditions of any resulting Purchase Order. The City will not be bound to any modifications to or deviations from the requirements set forth in this RFQ as the result of oral instruction. C. Clarifications 1. Examination of Documents Should a Bidder require clarifications of this RFQ,the Bidder shall notify the City in writing in accordance with Section C.2 below. Should it be found that the point in question is not clearly and fully set forth, the City will issue a written addendum clarifying the matter, which will be sent to all persons who have requested the RFQ. 2. Submitting Requests a. All questions, clarifications or comments shall be put in writing and must be received by the City no later than November 21, 2005, and be addressed as follows: City of San Bernardino 300 North "D" Street 4th floor,Attn: Sheila A. Futch San Bernardino, CA 42418 b. The exterior envelope of all requests for clarifications, questions and comments must be clearly labeled, "Not an Offer." The City is not responsible for failure to respond to a request that has not been labeled as such. 2 MATICH CORPORATION The Citv will also accept questions sent bN facsimile machines: however. all faxed questions must be received by the City no later than the date and time specified above. Send facsimile transmissions to (909) 384-5043. attention Sheila A. Futch. C. Inquiries received after November 21, 2005, will not be accepted. 3. Citv Responses Responses from the City will be communicated in writing to all recipients of this RFQ, and will be postmarked no later than November 23, 2005. D. Submission of Bids 1. Date and Time All bids are to be submitted to City of San Bernardino, Attention: Sheila A. Futch.Bids received after 2:30 PM, Thursday, December,1, 2005,will be rejected by the City as non-responsive. 2. Address Bids shall be addressed as follows: City of San Bernardino 300 N. "D" Street,4th floor San Bernardino,CA 92418. Bids may be delivered in person to the Purchasing Division,4th floor of the above address. 3. Identification of Bids Bidder shall submit a bid package consisting of. a) one (1) signed original and one(1) copy . The bid package shall be addressed as shown above, bearing the Bidder's name and address and clearly marked as follows: "RFQ F-06-15: Asphalt for Paving and Paving Machines Rental" 4. Acceptance of Bids a. The City reserves the right to accept or reject any and all bids, or any item or part thereof, or to waive any informalities or irregularities in bids. 3 MATICH CORPORATION b. The Cite reserves the right to withdraw this RFQ at any time without prior notice and the City makes no representations that am contract %vill be awarded to any Bidder responding to this RFQ. C. The City reserves the right to postpone bid opening for its own convenience. E. Pre-Contractual Expenses Pre-contractual expenses are defined as expenses incurred by the Bidder in: 1. preparing its bid in response to this RFQ; 2. submitting that bid to City; 3. negotiating with City any matter related to this bid; or 4. any other expenses incurred by the Bidder prior to date of award, if any, of the Agreement. The City shall not, in any event, be liable for any pre-contractual expenses incurred by Bidder in the preparation of its bid. Bidder shall not include any such expenses as part of its bid. F. Contract Award Issuance of this RFQ and receipt of bids does not commit the City to award a Purchase Order. The City reserves the right to postpone bid openinli for its own convenience, to accept or reject any or all bids received in response to this RFQ, and to negotiate with other than the selected Bidder(s) should negotiations with the selected Bidder(s) be terminated. The City also reserves the right to apportion the award among two or more Bidders. G. Acceptance of Order The successful Bidder will be required to accept a Purchase Order in accordance with and including as a part thereof the published Notice Inviting Bids, and the RFQ documents including all requirements, conditions and specifications contained therein, with no exceptions other than those specifically listed in the written purchase order. 4 MATICH CORPORATION SECTION H. TECHNICAL SPECIFICATIONS 5 NIA11CF CORPORATIOt4 City of San Bernardino TECHNICAL SPECIFICATIONS BID SPECIFICATION NO: RFQ F-OE-I Asphalt for Paving and Paving Machines Rental NOTICE: "SPECIAL INSTRUCTIONS TO THE BIDDER" 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. Equipment: Bidder shall complete right-hand column indicating specific size and or make and model of all components when not exactly as specified. State ".As Specified" if item is exactly as set forth in the left-hand column. FAILURE TO COMPLETE RIGHT HAND COLUMN WILL INVALIDATE BID GENERAL ACCEPTABLE/AS SPECIFIED This specification describes the Public Services Street Division's requirements for the purchase of Asphalt for Paving and for Paving Machines ACCEPTABLE Equipment Rental. Bidders are expected to meet or exceed thesespecifications in their entire REQUIREMENTS The contractor shall provide schedule services within 48 hours of receiving order from the City of San Bernardino. All asphalt materials will be ACCEPTABLE delivered to job site. Asphalt grindings will be hauled away by contractor.Daily rental rate will be based on an eight- 8 hour workday. ASPHALT MATERIALS—CATEGORY I Contractor shall provide Asphalt Materials as required. Tax and delivery shall be included I ACCEPTABLE 6 MAGI ,k CORPORATION I. Type '/" III C-3-AR-4000 2. Type 3i4" I1I B-2-AR-4000 dense medium coarse 3. Type '14" Ill B-3-AR-4000 4. Type 1/2" 11I C-2-AR-4000 ACCEPTABLE 5. Type 3/8"III D2-AR-4000 dense fine 6. Type E extra fine 7. Asphalt emulsion.SS1H 8. Tack material ASPHALT PAVING MACHINES EQUIPMENT RENTAL - CATEGORY II Contractor shall provide Asphalt Paving Machines Equipment as required: A. Asphalt paving machine with operator and two- AS SPECIFIED (2) screedmen. How many miles per eight(8)hour day? N7A B. Tack truck with operator AS SPECIFIED How many miles per eight (8)hour day? N/A C. Sweeper with operator AS SPECIFIED How many miles per eight 8 hour day? N/A The contractor shall provide job site supervision in coordination with the Street Division at all times to AS SPECIFIED ensure adequate production. The contractor shall coordinate delivery of asphalt materials. 7 MATICH CORPORATION SECTION III. BID CONTENT AND FORMS s "C"'ORATION, III. BH) CONTENT AND?FORMS A. BID FORMAT AND CONTENT 1. Presentation Bids should not include any unnecessarily elaborate or promotional material. Information should be presented in the order in which it is requested. Lengthy narrative is discouraged, and presentations should be brief and concise. Bids shall contain the following: a. identification of Bidder, including name,address and telephone; b. proposed working relationship between Bidder and subcontractors, if applicable; C. acknowledgment of receipt of all RFQ addenda, if any; d. name, title, address and telephone number of contact person during period of bid evaluation; e. a statement to the effect that the bid shall remain valid for a period of not less than 120 days from the date of submittal; and f. signature of a person authorized to bind Bidder to the terms of the bid. Bidder may also propose enhancement or procedural or technical innovations to the Technical Specifications which do not materially deviate from the objectives or required content of the project. 2. Exceptions/Deviations State any exceptions to or deviations from the requirements of this RFQ, stating "technical" exceptions on the Technical Specifications form, and "contractual" exceptions on a separate sheet of paper. Where Bidder wishes to propose alternative approaches to meeting the City's technical or contractual requirements,these should be thoroughly explained. 3. Qualifications,Related Experience and References of Bidder This section of the bid should establish the ability of Bidder to satisfactorily perform the required work by reasons of experience in performing work of a similar nature; demonstrated competence in the services to be provided; strength and stability of the firm; staffing capability; work load; record of meeting schedules on similar projects; and supportive client reference. 9 NiATice, c©RPcRAT;Oty Bidder shall: a. provide a brief profile of the firm, including the types of services offered; the year founded; form of the organization (corporation, partnership, sole proprietorship): number. size and location of offices; number of employees; b. describe the firm's experience in performing work of a similar nature to that solicited in this RFQ: C. provide, as a minimum, three (3) references as related to experience; reference shall include the name, title, address and telephone number of the person(s) a the client organization who is most knowledgeable about the work performed. 4. Appendices Information considered by Bidder to be pertinent to this RFQ and which has not been specifically solicited in any of the aforementioned sections may be placed in a separate appendix section. Bidders are cautioned, however, that this does not constitute an invitation to submit large amounts of extraneous materials; appendices should be relevant and brief. B. LICENSING AND CERTIFICATION REOUIE EM[ENTS By submitting a bid, bidder warrants that any and all licenses and/or certifications required by law, statute, code or ordinance in performing under the scope and specifications of this RFQ are currently held by bidder, and are valid and in full force and effect. Copies or legitimate proof of such licensure and/or certification shall be included in bidder's response. Bids lackine copies and/or proof of said licenses and/or certifications may be deemed non-responsive and may be rejected. C. COST AND PRICE FORMS Bidder shall complete the Price Form in its entirety including: 1) all items listed and total price; 2) all additional costs associated with performance of specifications; and 3) Bidder's identification information including a binding signature. Bidder shall state cash discounts offered. Unless discount payment terms are offered, payment terms shall be "Net 30 Days". Payment due dates, including discount period, will be computed from date of City acceptance of the required services or of a correct and complete invoice, whichever is later, to the date City's check is mailed. Any discounts taken will be taken on full amount of invoice, unless other charges are itemized and discount thereon is disallowed. 10 MATICH CORPORATION Freight terms shall be F.O.B. Destination.. Full Freight Allowed. unless otherwise specified on price form. Price Form REQUEST FOR QUOTES; RFQ F-06-1 II CORPORATION DESCRIPTIO?� OF RFQ: Asphalt for Pavinc and Paving Machines Rental BIDDER'S NAME/ADDRESS: MATICH CORPORATION 1596 HARRY SHEPPARD BLVD SAN BERNARDINO, CA. 92408 NAME/TELEPHONE NO, OF AUTHORIZED REPRESENTATIVE PATRICK MATICH (909)382-7423 (909)228-1649 ANNUAL PURCHASE ORDER Effective on or about July 1, 2005 through July 30, 2006 plus two (2) single year options, for City's partial requirements, on an as-needed basis,with no guaranteed usage. Option year one, if exercised, shall be effective July 1, 2006 through June 30, 2007 Option year two, if exercised, shall be effective July 1, 2007 through June 30,2008. Prices may be adjusted annually (on the day the contract was signed by the City of San Bernardino and the vendor). Under no circumstances will adjustments in the fees exceed five (5) percent per additional period. Vendor must provide the City 60 (sixty) day written notification of any proposed price increase. Price increases shall become effective 30 (thirty) days after the City receives written notification of such increases. Vendor must also pass on any decreases in the same way. Actual option year pricing shall be negotiated with the successful Bidder(s) prior to exercising of arty given option year. Option years shall become effective only upon issuance by the City of a duly authorized Purchase Order. Please provide detailed Firm Fixed Price cost information in the spaces provided below and any other incidental or additional costs required to complete the Technical Specification requirements. PRICE FORM ASPHALT FOR PAVING AND PAVING MACHINES RENTAL 12 XIATiCH CORPCRATiOh Description unit of Measure Total I with Tax& Delivery Asphalt Materials 1. Type 1/2" II1 C-3-AR 4000 Per Ton I 46.00 i 2. Type 3/4" ITI B-2-AR-4000 dense medium coarse Per Ton 46.00 �r3. Type 3/4" IIl B-3-AR-4000 I Per Ton 46.00 4. Type '/27 III C-2-AR-4000 Per Ton 46.00 5. Type 3/8"111 D-2-AR-4000 Per Ton 46.00 6. Type E extra fine Per Ton 46.00 7. Asphalt emulsion SS I H (SAME AS ITEM #8) GALLON Pb*XT6 h 3.23 8. Tack material Gallon 3.23 9. Asphalt Grindings Haul-Away Per Ton 5.00 Asphalt Paving Machines Equipment 10. Asphalt Paving Machine with one(1)operator and two(2)screedmen Daily Rental Rate 2640.00 How many miles per eight(8)hour day N?A 11. Tack Truck with one(1)Operator Daily Rental Rate 1000.00 How many miles per eight(8)hour day? N/A 12. Sweeper with one(1)Operator How many miles per eight(8)hour day? N/A Daily Rental Rate 1024.00 13. Other Cost- MOVE-IN & OUT - ASPHALT PAVING MACHINE PER LOCATION 400.00 14. Other Cost- 13 s MiATICH CORPpRATION Are there am other additional or incidental costs. which will be required by Your firm in order to meet the requirements of the Technical Specifications? 'es /trN (circle one). 1 1 you answered "Yes', please provide detail of said additional costs: Please indicate any elements of the Technical Specifications that cannot be met by your firm. NONE Have you included in your bid all informational items and forms as requested Yes / No (circle one). If you answered"No",please explain: This offer shall remain firm for 120 days from RFQ close date. Terms and conditions as set forth in this RFQ apply to this bid. Cash discount allowable % 0 days; unless otherwise stated,payment terms are: Net thirty(30)days. In signing this bid,Bidder warrants that all 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 firm, and the date said Addenda was/were received. Verification of Addenda Received Addenda No:— Received on: Addenda No: Received on: Addenda No: Received on: 14 MATICH CORPDRAYIp;4 AUTHORIZED SIGNATURE` PRINT SIGNER'S NAME AND TITLE: PATRICK MATICH VICE-PRESIDENT- ASPHALT SALES DATE SIGNED: DECEMBER 1, 2005 MATICH CORPORATION COMPANY NAME & ADDRESS: 1596 HARRY SHEPPARD BLVD SAN BERNARDINO CA (909)382-7423 PHONE: FAX: (909)382-0169 924 IF SUBMITTING A "NO BID",PLEASE STATE REASON(S) BELOW: 15 NATICh CORPORATION NON - COLLUSION AFFIDAVIT TO: THE COMMON COUNCIL. CITZ' OF SAN BERNARDINO In accordance with Title 23. United States Code; Section 112, the undersigned hereby states, under penalty of perjury: That he/she has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken action in restraint of free competitive bidding in connection with RFQ F-06-15. Business Name MATICH CORPORATION 1596 HARRY SHEPPARD BLVD Business Address SAN BERNARDINO, CA. 92408 Signature of bidder X SAN BERNARDINO, CA. Place of Residence S+- Subscribed and sworn before me this day of NC-C r'n ber ,2005. Notary Public in and for the County of ���Vt ra'llt►�c11�G , State of California. My commission expires i�1 I (�j 2001 . J JULIA BERNAL - Commission# 1483361 z %Y Notary Publk-California y� San Bernardino County Nty Comm.Expires Apr 13,2008 16 i KMAT ICH CORPORATION CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT f. State of California ss. County of San Bernardino fi � On 1-Dec-05 before me, Julia Berna!, Notary Public Date Name and Tive of Officer(e.g.."Jane Doe,No,ary Pub!ic'; (' personally appeared Patrick A. Mauch Name(s)of Signer(s) , jF personally known to me y? ❑ proved to me on the basis of satisfactory evidence to be the person(-l;4-whose name(s)- is/are i subscribed to the within instrument and acknowledged to me that he/s4Q4;i4 executed the same in his/bsa44 i�- authorized capacity(ies), and that by his/hQi;11I;iQiw signature(s}on the instrument the person(&), or �� JULIABERNAL the entity upon behalf of which the persons) j Commission 1483361 acted, executed the instrument. Notory Public-Ca6fomb l Son Beardk►o County my hand and official seal. of y m Comm.Expires Apr 13.2008 Al ! Signature o otary Pob`c OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document ) t Title or Type of Document:Non-CoIIUSioin-Affidavit Document Date: 1-Dec-05 _ —Number of Pages: one 1 t' Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer t Patrick A. Matich t , Signer's Name: --------- ---- --- Individual Top of thumb here Corporate Officer— Title(&):_- f ❑ Partner — ❑ Limited ❑General 5 ❑ Attorney-in-Fact i l� ❑ Trustee „ ❑ Guardian or Conservator I . ❑ Other: 1 , Signer Is Representing: Matich Corporation 1999 National Notary Association-9350 De Soto Ave.,P.O.Box 2402•Chatsworth.CA 91313-2402•www.nationalnotary org Prod.No,5907 Reorder.Ce,i Toll-Free 1-800-876-6877 MATCH CUA�RaTIOH SECTION V. GENERAL SPECIFICATIONS 17 Dtir"'tr,F=' CORPQRATION GENERAL. SPECIFICATIONS 1. Each bid shall be in accordance with Request for Quotes(RFQ)Number F-06-15.Ali specifications are minimum.Bidders are expected to meet or exceed these specifications as written. Bidder shall attach to their bid a complete detailed itemization and explanation for each and every deviation or variation from the RFQ specifications and requirements. Conditional bids.or those that take exception to the RFQ specifications and requirements. may be considered non-responsive and may be rejected. 2. The Citv reserves the right to accept or reject any and all bids and to award a contract to the bidder whom best meets the City's requirements. This may include waiver of minor irregularities or discrepancies,or nonconformity to specifications in appropriate circumstances. Purchase shall be on a best buy basis after due consideration of all relevant factors,including but not limited to,workmanship,accessibility of parts and service,known evidence of manufacturer's responsibility and record.durability and known operational record of product and suitability as well as conformity to City needs and requirements.In all cases the best interest of the City shall prevail in all contract awards. 3. The City of San Bernardino reserves the right to purchase more or less than the quantities specified at unit prices bid. 4: Bids shall be firm offers,subject to acceptance or rejection within 120 days of the opening thereof. 5. Regular dealer.No bidder shall be acceptable who is not a reputable manufacturer or dealer of such items as submitted for bid consideration. 6. All materials,workmanship and finish entering into the construction of the equipment must be of the best of these respective kinds and must conform to the character of the equipment and the service for which it is intended to be used and shall be produced by use of the current manufacturing processes. "Seconds",factory rejects,and substandard goods are not acceptable. 7. Each bidder shall submit with their bid a copy of the proposed product specifications,complete detailed drawings,and other descriptive matter in sufficient detail to clearly describe the equipment,materials and parts offered. 8. Manufacturer and/or Contractor shall defend any and all suits and assume all liability for any and all claims made against the City of San Bernardino,or any of its officials or agents for the use of any patented process, device or article forming a part of equipment or any item furnished under the contract. 9. Each bidder must state in their bid the guaranteed delivery date of product and/or services in number of calendar days from the date of contract execution by the City of San Bernardino,time is of the essence relative to this contract. Contractor shall prosecute the work continuously and diligently and shall deliver the items at the earliest possible date following the award of the contract. 10. Each bidder shall list in their bid all factory,manufacturer's and/or dealer's warranty and/or guarantee coverage and shall submit such written documents evidencing the same attached to the bid. 11. Successful bidder(s)(Contractor)shall furnish and deliver to the City complete equipment as bid and awarded, ready for installation and fully equipped as detailed in these specifications. 12. Price shall be quoted F.O.B.San Bernardino(all transportation charges shall be fully prepaid),and shall include all discounts. Bid shall include California sales tax,where applicable,computed at the rate of 7.75%(this will normally be shown as a separate line item on the price form). 13. City shall make payment within thirty(30)days after the complete delivery and acceptance of the specified items by the City of San Bernardino and receipt of the Contractor's priced invoice.. 14. All"standard equipment"is included in any bid.Bidders furnishing bids under these specifications shall supply all items advertised as"standard"equipment even if such items are not stipulated in the specifications,unless otherwise clearly accepted in the bid. 15. The items which the bidder proposes to furnish the City must comply in all respects with the appropriate safety regulations of all regulatory commissions of the Federal Government and the State of California,whether such safety features and/or items have been specifically outlined in these specifications or not. 16. Contractor delivering equipment pursuant to these RFQ specifications shall guarantee that equipment meets specifications as set forth herein. If it is found that equipment delivered does not meet requirements of these specifications the Contractor shall be required to correct the same at their own expense. 17. By submitting a bid,each bidder agrees that in the event complete delivery is not made within the time or times set forth pursuant to this specification,damage will be sustained by the City,and that it is,and will be 18 ►biATI;P, CORPORATION impractical and extremei difficult to.ascertain the actual damage which the Cit% will sustain in the event o and b- reason of such dela". 18. In case the deliver of the items under this contract is delaved due to strikes, injunctions,government controls. or by reason of any cause or circumstance beyond the control of the Contractor.the time for delivery may be extended(in the City's sole discretion)b% a number of days to be determined in each instance by mutual written agreement between the Contractor and the Purchasing Manager of the Cite of San fiernardino. The Cin shall not unreasonably refuse such extension. 19. Contract. Each bid shall be submitted and received with the understanding that acceptance by the City of San Bernardino of bid in response to this solicitation shall constitute a contract between the Contractor and the Cite. This shall bind the Contractor to furnish and deliver at the prices bid and in complete accordance with all provisions of RFQ No. F-06-15.In most cases the basis of award will be the City's standard purchase order that may or may not incorporate this solicitation by reference. 20. Prohibited interest. No member.officer,or employee of the City or of any agency of the City during his tenure or for one year thereafter shall have any interest,direct or indirect in this contract or the proceeds thereof. Furthermore,the parties hereto covenant and agree that to their knowledge no board member,officer or employee of the City has any interest,whether contractual,non-contractual,financial or otherwise,in this transaction,or in the business of the contracting part other than the City,and that if any such interest comes to the knowledge of either party at any time,a full and complete disclosure of all such information will be made in writing to the other party or parties,even if such interest would not be considered a conflict of interest under Article 4(commencing with Section 1090)or Article 4.6(commencing with Section 1120)of Division 4 of Title I of the Government Code of the State of California. 21. One Document.These specifications,the notice inviting bids,RFQ F-06-15,the Contractor's bid,any written agreement executed by the parties,the purchase order and all documents referred to in the complete specifications and purchase order,and all written modifications of said documents shall be construed together as one document.Anything called for in any one of said documents shall be deemed to be required equally as if called for in all. Anything necessary to complete the work properly shall be performed by the contractor, whether specifically set out in the contract or not.All sections of the specifications shall be read as constituting a whole and not as an aggregation of individual parts,and whatever is specified in one section shall be construed as applying to all sections. 22. The City of San Bernardino reserves the right to accept or reject any and all bids. 23. Prompt payment.Each bidder may stipulate in their bid a percentage prompt payment discount to be taken by the City in the event the City makes payment to the Contractor within ten(10)working days of receipt of material and approval of invoice. For the purpose of this provision,payment is deemed to be made on the date of mailing of the City che,;k.NOTE:prompt payment discounts will only be used during bid evaluation in the case of ties. 24. Inquiries. Direct all inquiries to Sheila A.Futch at 909-384-5085.Technical questions may be sent via fax to 909-384-5043. The answers to material questions will be provided to all potential bidders. 25. Bid/Price forms.No bid will be acceptable unless prices are submitted on the pricing forms furnished herein, and all required forms are completed and included with bid.Deliver all bids,signed and sealed,to the Purchasing Division,Finance Department at 300 North"D"Street,4`'Floor,City Hall.,San Bernardino, California 92418. CLEARLY MARK THE RFQ SPECIFICATION TITLE"ASPHALT FOR PAVING AND PAVING MACHINES RENTAL"AND NUMBER F-06-15 ON THE OUTSIDE OF THE ENVELOPE. 26. Time. All bids must be received in the Purchasing Division no later than 2:30 P.M.Thursday,November 23, 2005, where at such time and said place bids will be publicly opened,examined and declared. Any bid may be withdrawn by bidder prior to the above scheduled time for the opening of bids.Any bid received after that time and date specified shall NOT be considered. 27. The City of San Bernardino reserves the right at its own discretion to award separate contracts for each category,or to award multiple contracts,or to award one contract for furnishing and delivering of all equipment and/or services in all categories. 28. Equipment.In the purchase of equipment,Contractor shall be required to furnish one(1)OPERATORS MANUAL and one(1)PARTS MANUAL for all equipment bid. 29. In submitting a bid to a public purchasing body,the bidder offers and agrees that if the bid is accepted,it will assign to the purchasing body all rights,title,and interest in and to all causes of action it may have under Section 4 of the Clayton Act(U.S.C. Sec 15)or under the Cartwright Act(Chapter 2,commencing with Section 19 "ATlrH CORPORATION 16700 of Part 2 of Division:7 of the Business and Professions Code).arising from purchases of goods, materials.or services by the bidder for sale to the purchasing bo&, pursuant to the bid.Such assienment shall be made and become effective at the time the purchasing bode tenders final payment to the bidder. 30. Contractor shall indemnify.defend and hold City,its officers. employees and agents harmless from anv claim. demand.liability,suit,judgment or expense(including.without limitati on.reasonable costs of defense)arising out of or related to Contractor's performance of this agreement.except that such duty to indemnify,defend and hold harmless shall not apply where injure•to person or property is caused by City's willful misconduct or sole negligence.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 "attorney's fees" for the purposes of this paragraph. 31. While not restricting or limiting the foregoing,during the term of this Agreement.Contractor shall maintain in effect policies of comprehensive public,general.and automobile liability insurance.in the amount of $1,000.000 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.The policies shall name the City as an additional insured and shall provide for ten(10)day notification to the City if said policies are terminated or materially altered. 32. FAITHFUL PERFORMANCE BOND/BID BOND. Not required.The Contractor will be required to furnish a cashier's check,certified check or faithful performance bond/bid bond made payable to the City of San Bernardino in an amount equal to 100%/ 10%of the bid price to insure the contractor's faithful performance of this contract.Said surety shall be subject to the approval of the City of San Bernardino,bonds shall be in accordance with Ordinance No. 821,Section 2400,and the corporation issuing said bond shall have a rating in Best's most recent insurance guide of"A"or better. 33. Written contract documents,duly authorized and signed by the appropriate authority,constitute the complete and entire agreement(s)that may result from the RFQ. 34. City may,at its discretion,exercise option year renewals for up to 2 years,in one year increments. 35. By submitting a bid,bidder warrants that any and all licenses and/or certifications required by law,statute,code or ordinance in performing under the scope and specifications of this RFQ are currently held by bidder,and are valid and in full force and effect. Copies or legitimate proof of such licensure and/or certification shall be included in bidder's response. Bids lacking copies and/or proof of said licenses and/or certifications may be deemed non-responsive and may he reiected. 20 KEEP FOR YOUR RECORD' CITY OF SAN BERNARDINO BUSINESS REGISTRATION CERTIFICATE: t This Business Re istratton Certificate don net indicate in-ie i operation or this business at the iocation Otner a orovais by other City , ACCT NO. ACCOUNT s €a p. 10595 ri=artm t;,such as Devciopment smites may be requvei This Certificate is issued witnoct vcnncanon tnat the eertinca¢is subject to or NUMBER ue :from licensing by the State of Calitomr � DATE PAID 07/05/2005 10595 RENEW'A: Tnc Business Owner is responsibie for timck renewa' Not rece-rg a rent-a! notice fnr w)v reason does not relieve responsibility for Umeiy paymen.. if not paid within Yi ae s of the expiration date snow-.a 50..penalty wi'I ce 1rrmsec 545A $150.00. BUSINESS CLASS: GENERAL ENGINEERING EXPIRATION DATE t DATE PAID NOTES 6/30/2006 07/05/2005 BUSINESS LOCATION: PO BOX 50000 OwrnrER.FIRM OR MATICH CORP CORPORATION z% 1, 50 `i BUSINESSNAME MATICH CORP .,N r', `9�J BALANCE .00 E' I ATTENTION Rachel'i MAILING ADDRESS PO BOX 50000 Rachel' U. Ciark. SAN BERNARDINO, CA, 92412-0100 CITY CLERI.: POST'IN kCONSPICUOUS • • • 'e ® tP CITY OF SAN BERNARDINC State Of California CONTRACTORS STATE LICENSE BOARD ACTIVE LICENSE ° AHain nor:�wme.� 149783 CORP MATICH CORPORATION A B Un -,--pz' i 11 012007 � Financial Impact CIP # FUND SOURCE Amount SS 04-15 129-367-5504-7200 $23,000.00 SSO4-154 240-379-5504-7687 $22,500.00 SSO4-155 240-379-5504-7688 $38,300.00 SS05-08 240-379-5504-7689 $66,155.00 SS06-15 240-379-5504-7690 $70,000.00 SS06-18 240-379-5504-7691 $182,500.00 SS06-33 135-378-5504-7686 $350,000.00 SS 06-80 129-367-5504-7684 $343,500.00 SS 06-82 240-379-5504-7692 $86,500.00 SS 06-83 240-379-5504-7693 $15,000.00 SS 06-87 240-379-5504-7694 $86,500.00 SS 07-11 126-369-5504-7679 $35,000.00 SS 07-12 129-367-5504-7682 $25,000.00 SS 07-13 129-367-5504-7590 $72,500.00 SS 07-27 135-378-5504-7730 $162,500.00 SS 07-28 135-378-5504-7731 $100,000.00 SS 07-25 129-367-5504-7683 $94,000.00 ss 04-28 246-366-5504-7136 $225,000.00 ss 04-27 126-369-5504-7476 $25,000.00 Total $2,022,955.00 3/13/2007 11:47 AM Page 1 1 RESOLUTION NO. COPY 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 3 SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND PURCHASE ORDER IN THE AMOUNT OF $2,022,955.00 WITH A ONE-YEAR 4 EXTENSION AT THE CITY'S OPTION, BETWEEN THE CITY OF SAN BERNARDINO AND MATICH FOR STREET PAVING SERVICES UTILIZED BY THE 5 PUBLIC SERVICES DEPARTMENT, STREET DIVISION. 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 7 OF SAN BERNARDINO AS FOLLOWS: 8 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized to 9 execute on behalf of said City an Agreement between the City of San Bernardino and 10 Matich Corporation, a copy of which is attached hereto, marked Exhibit "A" and 11 incorporated herein by reference as fully as though set forth at length. 12 13 SECTION 2. This purchase is allowed as the first one-year contract extension 14 hereby accepted as part of the original bid awarded on December 1, 2005. 15 SECTION 3. That Matich Corporation submitted the lowest bid for street paving 16 services in the amount of $2,022,955.00. Pursuant to this determination the 17 Purchasing Manager is hereby authorized to issue a purchase order to Matich 18 Corporation in the amount of $2,022,955.00 19 SECTION 4. The Purchase order shall reference this Resolution No. 20 21 2007 and shall read, "Matich Corporation for street paving services." 22 23 n� G� Ill 25 26 27 28 �l �D • `P I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND 2 PURCHASE ORDER IN THE AMOUNT OF $2,022,955.00 WITH A ONE-YEAR 3 EXTENSION AT THE CITY'S OPTION, BETWEEN THE CITY OF SAN BERNARDINO AND MATICH FOR STREET PAVING SERVICES UTILIZED BY THE 4 PUBLIC SERVICES DEPARTMENT, STREET DIVISION. 5 SECTION 5. The Agreement shall reference this Resolution No. 6 2007 and shall read "Matich Corporation for street paving services. 7 Agreement not to exceed $2,022,955.00" and shall incorporate the terms and 8 conditions of the agreement. 9 10 SECTION 6. The authorization to execute the above referenced Purchase 11 Order and Agreement is rescinded if it is not issued within sixty (60) days of the 12 passage of this resolution. 13 14 Ill 15 16 17 18 19 20 /ll 21 22 23 n.8 14 1* 25 26 27 28 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND 2 PURCHASE ORDER IN THE AMOUNT OF $2,022,995.00 WITH AONE-YEAR 3 EXTENSION AT THE CITY'S OPTION, BETWEEN THE CITY OF SAN BERNARDINO AND MATICH FOR STREET PAVING SERVICES UTILIZED BY THE 4 PUBLIC SERVICES DEPARTMENT, STREET DIVISION. 5 1 HEREBY CERTIFY that the foregoing Resolution was duly adopted by the 6 Mayor and Common Council of the City of San Bernardino at a 7 meeting thereof, held on the day of 2007, by the 8 following vote, to wit- 9 10 Council Members: AYES NAYS ABSTAIN ABSENT 11 ESTRADA 12 BAXTER 13 BRINKER 14 DERRY 15 KELLEY 16 JOHNSON 17 18 MCCAMMACK 19 Rachel G. Clark, City Clerk 20 21 The foregoing resolution is hereby approved this day of 2007. 22 Patrick J. Morris, Mayor 23 City of San Bernardino Approved as to Form: 24 By- Speci ftbunsel 26 27 28 VENDOR SERVICE AGREEMENT This Vendor Service Agreement is entered into this 2nd day of April 2007, 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 utilized by the Public Services Department, Streets Division; and WHEREAS, the City of San Bernardino did solicit and accept proposals and bids from a number of vendors for street paving services utilized by the Public Services Department, Streets Division. 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 Bid Specifications No. RFQ F- 06-15. for street paving services, dated December 1, 2005, 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$2,022,955.00 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 for a period of one year. 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 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 claim, 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 this 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 th e 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 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. 8. 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 to practice its business or profession. IL I 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 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 of this 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 by all parties to this Agreement. iii IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: , 2007 VENDOR. By: Its: Dated , 2007 CITY OF SAN BERNARDINO By: Patrick J. Morris, Mayor Approved as to Form: By: �: �r- Special C nsel Financial Impact CIP # FUND SOURCE Amount SS O4-15 129-367-5504-7200 SS 06-80 129-367-5504-7684 SS 07-12 129-367-5504-7682 $558,000.00 SS 07-13 129-367-5504-7590 SS 07-25 129-367-5504-7683 SS 07-11 126-369-5504-7679 $60,000.00 SS O4-27 126-369-5504-7476 SS04-154 240-379-5504-7687 SS04-155 240-379-5504-7688 SS05-08 240-379-5504-7689 $379,455.00 SS06-15 2411'-379-5504-7690 SS06-18 240-379-5504-7691 SS 06-82 240-379-5504-7692 SS 06-83 240-379-5504-7693 $188,000.00 SS 06-87 240-379-5504-7694 SS 07-27 135-378-5504-7730 SS06-33 135-378-5504-7686 $612,500.00 SS C7-28 + 135-378-55C4-7731 SS O4-28 246-366-5504-7136 $225,000.00 Total $2,022,955.00 CITY OF SAN BERNARDINO PUBLIC SERVICES DEPARTMENT MATICH CORPORATION - MATERIAL AND LABOR RATES - 1/01/07 THRU 12/31/07 1 r i Description Unit of Measure Total -with Tax & Delivery 1 I iAsphah Materials . 1 . 1 Type i Ill C 3 A 4000 Per Ton � 48.30 I _ IZ _- 2. Tv e 4' III B-2-AR-4000 dense mediun; coarse Per Ton •3 :P I I^ I• i B-3-AR-4000 Per Ton � ��. Type e r4" I11 B-i-AR-40JU yP � . 48.30 4. T v V2 2-AR-4000 Per Ton 48.30 e _ III C TN/Pe 3/E, III D-2-AR-4000 Per Ton 48.30 16. Type E extra fine Per Ton 48.30 17. Asphalt emulsion SS1H Per Gallon - Same as Item 8 XX'KX)i11X I -.3.40 8. Tack material Gallon 3.40 19. Asphalt Grindings Haul-Away Per Ton 5.25 , jAs halt Pavine Machines Equipment I j10. Asphalt Paving Machine with one (1) operator and two (2) screedrnen Daily Rental Pate How many miles per eight(8)hour day 8 Hour Da I 111. Tack Truck with one(1)Operator Daily Rental Rate How many miles per eight(8)hour day? NIA 8 Hour Da 12. Sweeper with one(1)Operator 8 Hour Day How many miles per eight(8)hour day? Daily Rental Rate 113. Other Cost- Move In & Out Equipment per Location 420.00 14. Other Cost- Additional Move In & Out per Location for each additional piece ui men 115. Asphalt Roller with Operator (8 Hour Day) Daily Rental Rate 1144.00 16. Asphalt Foremen with Pickup (8 Hour Day) l Daily Rental Rate 17. .Asphalt Laborer (8 Hour Day) Daily Rental Rate ' 420.00 18. Asphalt Crew Truck w/Traffic Control Materials Daily Rental Rate A' CH 4 t RPORATION SINCE 1918 January 2, 2007 City of San Bernardino Public Services Department Attn: Randy K Re: RFQ F-06-15 Pricing updates Dear Randy, Per page 12 of the above referenced RFQ I am submitting to the City of San Bernardino' the additional cost increases that Matich Corporation is intitled to per the Annual Purchase Order. If you have any questions please give me a call. Sincerely, Patrick Matich P.P. Asphalt Sales P.O. BOX 50.000 SAN BERNARDINO,CA 92412 1596 HARPY SHEPPARD BLVD. SAN BERNAPDINO • TELEPHONE !909)382-7400 FAX(909)382-0169 www.matichcorp.com jig CH PORAZIOH SINCE 1918 j Decern er 200 i 6 City of San Bernardino 300 N. "D' Street. 4`r' Floor San Bernardino, Ca 92418 Re: RFQ F-06-1 Attention Sheila A Futch 1 . Presentation Matich Corporation, 1596 Harry Shepard Blvd, San Bernardino, Ca 92408, phone # 909 382-7423, fax # 909 382-0169 hereby submits a bid for RFQ F-06-15. Matich Corporation will be self-performing all work for this proposal. We will not be .itilizing any subcontractors. To our knowledge no addenda were issued for this RFQ. Patrick A. Matich. Vice President, 1596 Harry Sheppard Blvd, San Bernardino, Ca 92408, phone # 909 382-7423, fax 909 382-0169 will be the contact person during bid evaluation. This RFQ will remain in effect for a period of 120 days. The authorized person for this RFQ is Patrick A. Matich. 2. Exceptions / Deviations Matich Corporation has no exceptions or deviations form the requirements of this RFQ. 3. Qualifications, Related Experience & References of Bidder Matich Corporation has been in business for 87 years, and annually produces thousand of tons of quality Asphalt Concrete for public agencies as well as the private sector. At the present time Matich Corporation operates three asphalt concrete hot plants and can service this RFQ in a timely manlier. P.O. BOX 50,000 SAN BERNARDINO,CA 92412 • 1596 HARRY SHEPPARD BLVD,SAN BERNARDINO • TELEPHONE(909)382-7400 • FAX(909)382-0169 www.matichcorp.com MATICH CORPORATION Matich Corporation takes pride in meeting schedules on all of our projects, and has on outstanding record of meeting the schedule. Once a project is scheduled the commitment is made to keep the schedule. A few of the many public agency clients that are serviced annually by Matich Corporation are: State of California, County of San Bernardino, County of Riverside, City of San Bernardino, City of Redlands, City of Yucaipa, City of Rialto, City of Fontana, City of Twentynine Palms, and many more municipalities. Matich Corporation was founded in 1918, and has been a leader in construction for 87 years. Matich Corporation is currently being managed by the third generation. Three references are: - County of San Bernardino 825 East 3`d Street, Room 147 San Bernardino, Ca 92415-0835 Jerry Ivy, Director of Transportation 909 387-7920 City of Redlands P.O. Box 3005 Redlands, Ca 92373 Allan Griffith, Public Works Engineer 909 798-7586 City of Yucaipa 34272 Yucaipa Blvd Yucaipa, Ca 92399 Ray Casey, City Engineer 909 797-2489 Matich Corporation has business licenses in all Cities that it operates in and our contract's license number is 149783 A & B. Copies of San Bernardino's and contractors licenses are included. ^ORPQRATION November 16, 2005 SUBJECT: RFOUEST FOR QUOTE RFQ F-06-1-5 Gentlemen/Ladies: The City of San Bernardino (City) invites bids from qualified vendors for: Asphalt for Paving and Paving Machines Rental on behalf of the City's Public Services Department— Street Division. Please read this entire RFQ package, paying particular attention to due dates, the Instructions to Bidders, Technical Specifications, General Specifications and Price Forms.Bids must include all requested information and forms, and must be signed by an authorized agent of the offering company in order to be considered responsive. Closing Date: Bids must be submitted at or before 2:30, PM, Thursday, December 1, 2005, at City Hall, 300 N. "D" St., 4th floor, San Bernardino, CA 92418 Sincerely, Sheila A. Futclt Purchasing Division i I 'I WATICH CCRPORATiCl� SECTION I. INSTRUCTIONS TO BIDDERS I i,;:Tint CoaPORATICt4 t i. INSTRUC I1(1 10 BIDD[:It� A. Examination of Bid Documents B% submitting- a bid. the Bidder represents that it ha, thoroushh examined and become familiar with the items required under this RFQ and that it i�, capable of cluaiit\ performance to achieve the City's objectives. �. The City resents the right to removc from its mailing_ list for fature RFQs. for an undetermined period of time, the name of an\ Bidder for failure to accept a contract, failure to respond to two (2) consecutive RFQs and/or unsatisfactory performance. Please note that a"No Bid" is considered a response. B. Addenda Any City changes to the requirements will be made by written addendum to this RFQ. Any «Titten addenda issued pertaining to this RFQ shall be incorporated into the terms and conditions of any resulting Purchase Order. The City will not be bound to any modifications to or deviations from the requirements set forth in this RFQ as the result of oral instruction. C. Clarifications 1. Examination of Documents Should a Bidder require clarifications of this RFQ,the Bidder shall notif},the City in writing in accordance with Section C.2 below. Should it be found that the point in question is r.-ut clearly and fully set forth, the City will issue a written addendum clarifj!ing the matter, which will be sent to all persons who have requested the RFQ. 2. Submitting Requests a. All questions, clarifications or comments shall be put in writing and must be received by the City no later than November 21, 2005, and be addressed as follows: City of San Bernardino . 300 North "D" Street 4th floor, Attn: Sheila A. Futch San Bernardino, CA 92418 b. The exterior envelope of all requests for clarifications, questions and comments must be clearly labeled; `Not an Offer." The City is not responsible for failure to respond to a request that has not been labeled as such. p huTICM COPPORAT1111,; i Thy Cite "Ill aiso accent cue=lion sent b'. lacsimil: machines: hoN�ever. all faxed question, mus? b: received b.• the Cin no later than the date and time specified above. Sent facsimiie transmissions t(, (9091 384-504 . attention Sheila A. Futch. C. Inquiries received after No\ember 21. 200-5. will not be accepted. 3. Cite Responses Responses from the Cite will be communicated in writing to all recipients of this RFQ, and will be postmarked no later than November 23. 2005. D. Submission of Bids 1. Date and Time All bids are to be submitted to City of San Bernardino, Attention: Sheila A. Futch. Bids received after 2:30 PM, Thursday, December 1, 2005, will be rejected by the City as non-responsive. 2. Address Bids shall be addressed as follows: City of San Bernardino 300 N. "D" Street,4th floor San Bernardino,CA 92418. Bids may be delivered in person to the Purchasing Division,4th floor of the above address. 3. Identification of Bids Bidder shall submit a bid package consisting of: a) one (1) signed original and one(1) copy . The bid package shall be addressed as shown above, bearing the Bidder's name and address and clearly marked as follows: "RFQ F-06-15: Asphalt for Paring and Paving Machines Rental" 4. Aceeptance of Bids a. The City reserves the right to accept or reject any and all bids, or any item or part thereof, or to waive an,. infomialities or irregularities in bids. hl�l?t�N, %JRP�RgT;Crd i. "i tle Cit\ reserves tnc• right to withdray.' inIS RF-0 at an 11111c V.itrotrt pr1o7 notict and the City makes n;, representations that an_, contra_'. %vill be a��arde:' to an,. Bidde responding to this RFU. C. The City reserve, tht right to postpone bid openinL� for i1c, ay.n convenience. E. Pre-Contractual Expenses 1're-contractual expenses are defined as expenses incurred b\ the Bidder 1111: 1. preparing its bid in response to this RFQ: 2, submitting that bid to City: 3. negotiating with City any matter related to this bid, or 4. any other expenses incurred by the Bidder prior to date of award, if any, of the Agreement. The City shall not, in any event, be liable for any pre-contractual expenses incurred by Bidder in the preparation of its bid. Bidder shall not include any such expenses as part of its bid. F. Contract Award Issuance of this RFQ and receipt of bids does not commit the City to award a Purchase Order. The City, reserves the right to postpone bid openir.q for its own convenience, to accept or reject any or all bids received in response to this RFQ, and to negotiate with other than the selected Bidder(s) should negotiations with the selected Bidder(s) be terminated. The Citv also reserves the right to apportion the award among two or more Bidders. G. Acce0tance of Order The successfid Bidder will be required to accept a Purchase Order in accordance with and including as a part thereof the published Notice Inviting Bids, and the RFQ documents including all requirements, conditions and specifications contained therein, with no exceptions other than those specifically listed in the written purchase order. 4 MATICH CQRPOF;4T►0N SLCTIO!\ I1. TECHNICAL SPL•CIFICATIONS MA'I112F �JRPpggTtGN Cit', of Sari Bernardino TECH.Nr]CAL SPEC fFJCATIO S BID SPI=.CIFICATl0 NCB: RFC)F-W-l_ Asphalt for Paving and Paving Machines Rental ] C710E: '`SPECIAL INSTRUCTIONS TO THE BIDDER" 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. Equipment: Bidder shall complete right-hand column indicating specific size and or make and model of all components ��hen not exactly as specified. State "As Specified" if item is exactly as set forth in the left-hand column. FAILURE. TO COMPLETE RIGHT HAND COLUMN WILL INVALIDATE BID GENERAL ACCEPTABLE/AS SPECIFIED This specification describes the Public Services Street Division's requirements for the purchase of Asphalt for Paving and for Paving Machines ACCEPTABLE Equipment Rental. Bidders are expected to meet or exceed thesespecifications in their entire REQUIREMENTS The contractor shall provide schedule services within 48 hours of receiving order from the City of San Bernardino. All asphalt materials will be ACCEPTABLE delivered to job site. Asphalt grindings will be hauled away by contractor. Daily rental rate will be based on an eight-(8) hour workday.I ASPHALT MATERIALS—CATEGORY I Contractor shall provide Asphalt Materials as required. Tai and delivery- shall be included. ACCEPTABLE 6 MATI:'R CORPORATION 7 pe Ill C- -AR-4000 III B-2-AF•'-4000 dense medium coarse �I 3. Type ;<" I11 B--)-AR-4000 h 4. Type Y" III C-2-AR4000 v. Tvpe 3/8"I11 D2-AR-4000 dense fine i 6. 7 ype E extra fine 7. ,Asphalt emulsion SSIH 8. Tack material I t ASPHALT PAVING MACHINES EQLTTPME-N-T RENTAL - CATEGORY 11 Contractor shall provide Asphalt Paving Machines Equipment as required: A. Asphalt paving machine N ith operator and two- AS SPECIFIED (2) screedmen. How many miles per eight(8)hour day? N7A B. Tack truck with operator AS SPECIFIED i How many miles per eight (8)hour day? N/A C. Sweeper with operator AS SPECIFIED How many miles per eight(8)hour day? N/A The contractor shall provide job site supen ision in coordination with the Street Division at all times to AS SPECIFIED ensure adequate production. The contractor shall coordinate delivery of asphalt materials. 7 tAAT;CH CORPORATION SECTION III. BII) C 0 NTE NT AND FORMS i i � i I . s I11. BID COTE\1 AND FORNJ1, A. BID FORMAT AND CONTENT 1. Yresentatioi, Bids should no: inclu%-K, am unnecessari! elaborate )A pmir,otionai material. Information should be presented in the order in which it is requested. Lengthy narrative is discouraged. and presentations should be brief-and concise. Bids shall contain the following: a. identification of Bidder, including name, address and telephone; b. proposed working relationship between Bidder and subcontractors, if applicable; C. acknowled(yment of receipt of all RFQ addenda, if any: d. name, title, address and telephone number of contact person during period of bid evaluation; e. a statement to the effect that the bid shall remain valid for a period of not less than 120 days from the date of submittal; and f. signature of a person authorized to bind Bidder to the terms of the bid. Bidder may also propose enhancement or procedural or technical innovations to. the Technical Specifications which do not materially deviate from the objectives or required content of the project. 2. Exceptions/Deviations State any exceptions to or deviations from the requirements of this RFQ, stating "technical" exceptions on the Technical Specifications form, and "contractual" exceptions on a separate sheet of paper. Where Bidder wishes to propose alternative approaches to 'meeting the City's technical or contractual requirements, these should be thoroughly explained. 3. Qualifications. Related Experience and References of Bidder This section of the bid should establish the ability of' Bidder to satisfactorik, perform the required work by reasons of experience in performing work of a similar nature; demonstrated competence in the services to be provided; strength and stability of the firm; staffing capability; work load; record of meeting schedules on similar projects; and supportive client reference. 9 .r.QRPC,�RATr.7w IiI iUe:'scull' a prop ide a brier profile o` the firm_ inciudin� the t}pes of s;n ices off, :: the .ear founded. town of the organization (corporation. partner ship, sole proprietorship): number. size anc ic,cation o' offices: number of employ ces: h describe the fi-m.'S tsptrlcncc 17, per,uriiling vvori; of a simi al natLil: to that solicited in this RFQ: C. provide, as a minimum. three (3 references as related to experience: reference shall include the name, title, address and telephone number of the person(s) a the client organization who is most knowledgeable about the work performed. 4. Appendices Information considered by Bidder to be pertinent to this RFQ and which has not been specifically solicited in any of the aforementioned sections may be placed in a separate appendix section. Bidders are cautioned, however, that this does not constitute an invitation to submit large amounts of extraneous materials: appendices should be relevant and brief. B. LICENSING A rD CERTIFICATION REQUIREMENTS By submitting a bid, bidder warrants that any and all licenses and/or certifications required by law, statute, code or ordinance in performing under the scope and specifications of this RFQ are currently held by bidder, and are valid and in full force and effect. Copies or legitimate proof of such licensure and/or certification shall be included in bidder's response. Bids lacking copies and/or proof of said licenses and/or certifications may be deemed non-responsive and may be rejected C. COST AND PRICE FORMS Bidder shall complete the Price Form in its entirety including: 1) all items listed and total price; 2) all additional costs associated with performance of specifications; and 33) Bidder's identification information including a binding signature. Bidder shall state cash discounts offered. unless discount payment terms are offered, payment terms shall be "Net 30 Days". Payment due dates,including discount period, will be computed from date of City acceptance of the required services or of a correct and complete invoice, vvhichever is later, to the date City's check is mailed. Any discounts taken will be taken on full amount of invoice, unless other charges are itemized and discount thereon is disallowed. 10 MATICH CORPOpATtpN Ireigh. te, n-z shall be hestinat[C)M I:ull Freight Allowed. unless othern�is speci11�e on price fo-m. Price Form REQUEST FOR QUOTES: RFQ F-06-15 ii CORPORATION ---- _ BIDDLI''S '�.y;ti1L .-1UI�RESS: r•��'I:, -- -;r �9 Nn%. Su.�1 BEi'J R� 9240; NAME/7ELEPHONT1 NO. OF AUTHORIZED REPRESENTA'IATE PATPICr.. MAT ICH (909)382-7423 (909)228-1649 AIN'NUAL PURCHASE ORDER Effective on or about July L 2005 through July 30, 2006 plus two (2) single year options, for City's partial requirements, on an as-needed basis,with no guaranteed usage. Option year one, if exercised, shall be effective July 1, 2006 through June 30, 2007 Option year two, if exercised, shall be effective July 1, 2007 through June 30, 2008. Prices may be adjusted annually (on the day the contract was signed by the City of San Bernardino and the vendor). Under no circumstances will adjustments in the fees exceed five (5) percent per additional period. Vendor must provide the City 60 (sixty) day written notification of any proposed price increase. Price increases shall become effective 30 (thirty) days after the City receives written notification of such increases. Vendor must also pass on any decreases in the same way. Actual option year pricing 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. Please provide detailed Firm Fixed Price cost information in the spaces provided below and any other incidental or additional costs required to complete the Technical Specification requirements. PRICE FORM ASPHALT FOR PAVING AND PAVLNG MACHINES RENTAL 12 hS,�.TIZ:H CORPrC)RAT1p►, Description L nit of M1leasure Total With Ta\ & Uelh ery :asphalt ivlaterials — ---- - -- J. TYpe C-3-AR 4000 Per 7 or, 1 46.GL 2, Type 3/" III R-2-AR-4000 dense medium coarse Per Tor, 46,OC 3. Type %n' III B -AR-4000 —_ Pe Ten 1 46.00 14. J�pe ,/2" II1 C-2-AR-4000 Per Tor, j !�. 46.0Type 3/v III D-2-AR-4000 6r on 4 16. Type E- extra fine Per Ton _ ! ! 46.00 i. Asphalt emulsion SSIH (SAME AS ITEM fig) GGALLON #XlCffiI� 3.23 8. Tack material Gallon ! 3.23 9. Asphalt Grindines Haul-Awav Per Ton 5.00 i As halt Paving Machines Equipment i 10. Asphalt Paving Machine with one(1)operator and two (2)screedmen j Daily Rental Rate 12640.00 How many miles per eight (8)hour day N7r 11. Tack Truck with one (1)Operator Daily Rental Rate 1000.00 rHow many miles per eight(8)hour dav? . N/A rl?: Sweeper with one(1)Operator i - How many miles per eight(8)hour day? N/A Daily Rental Rate 1024.00 �13. Other Cost- MOVE-IN & OUT - ASPHALT PAVING MACHINE H o Ek LOCATION 4 0.00 14. Other Cost- 13 MA! CH CotIPpRATIOt4 . tfic l'c an. Uthci' aildlilOnu U; lI -ldentai 'LOSU,. %VillCri N%iii be reQUired h� ,-Our I M order t- i;;ee; the requirement, ( the Te;:nnica? Sne:ifi anon_`' Ye: ,',� . (circle one;. I: •.oU ans«ered ".e_ piease provide detail of said additional ;;nsts: Pleas-, indicate any elements of the Technical Specifications tha.cannot be met by your firm. NONE Have you included in your bid all informational items and forms as requested Yes ! No (circle one). If you answered "No",please explain: This offer shall remain firm for 120 days s from RFQ close date. Terms and conditions as set forth in this RFQ apply to this bid. Cash discount allowable % o days; unless otherwise stated, payment terms are: Net thirty(30)days. In signing this bid, Bidder warrants that all 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 firm, and the date said Addenda was/were received. Verification of Addenda Received Addenda No: Received on: _ .Addenda No: Received on: Addenda No: _ Received on- 14 MATICH C0RPCRa3-lr-,„ I}1O1�1Z1:.1) S1Cr':.� P1?I SIC-i Ek'S -NA%TEL NT) TTTI-T,: DATE SIGNED: cEC_MB_� 1, 200 C UJINIPA;�Y N AAlE &- ADDRESS: MeT I N rn�onp,p-; 159F, HAPPY SHIEPPmED ! VD SAN BERNAFDINC C-r. PHO-\t : !909)382-742 FAX: (909)382-0169 924 IF SUBMITTING A "NO BID",PLFASE STATE REASON(S) BELOW: 15 NA'NCh CC)RPORAT!oN NON - ('(()LLt!.SJON AFFIDANIT TO.- THE C0 .'Vl,'\l0NC0LTNCIL. CITY 01' SAN BERNARDINO In accordance with Title 2_. United States Cod Section 1! 12. the undersigned hereby states, under penaIT-\ of perjure!: That he she has not. either direct!\ or indirectl\. entered into any agreement, participated in any collusion. or othemise taken action in restraint of free competitive bidding In connection with RFQ F-06-1 5. Business Name MAT ICH CORPORATION 1596 HARRY SHEPPARD BLVD Business Address SAN BERNARDINO, CA. 92408 Signature of bidder X - SAN BERNARDINO, CA. Place of Residence Subscribed and sworn before me this I dav of C C)"i 1)(?r- 2065. Notar,,, Public in and for the County of Vv ­rJWU State of California. My commission expires Lpn I I Q 20q L. JULIA 11RNA1 Commission# 148 336 .fie E Notary Pub4ic -Cafifomlo San Bernardino County r My Comm.Expires Apr 13,2008F 16 grrTiCf: CORPORATION CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Slat9 of California o r Z, VDU 1'y o. Safi Fsernardinc_ t . n Or,— — _Dec-05 ._ Delore me.__. .idle-Bern1 Notary Public_-- t; Derscnaliy appeared Patrick A. Mauch X personally Known to me proved to me on the basis of sa,lsfactory L evidence , to be the person(c4-whose name(s). is/are. r subscribed to the within instrument and '. acknowledged to me that helsh&A14e4 executed } the same in hisltier#Iae authorized capacity(ies), and that by his/h-,42 oi� signature(s)on the instrument the person(•&), or JULIA BERNAL the entity upon behalf of which the person(s) acted, executed the instrument. Commission# 1483361 4, My Notory Public-CaRfornio WITNESS my hand and official seal.Son Bernarc*)o Cou�y Comm Expires Apr 13.2008 ` Signature o, ovary Pub¢ fi OPTIONAL Trough the Information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document:Non- Collusion Affidavit Document Date: 1-Dec-05 Number of Pages: one Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Patrick A. Matich Signer's Name: _ 7, Individual Top of thumb here �-: Co r porate Officer — Title(s): Partner — Limited 'D General Attorney-in-Fact E. Trustee Guardian or Conservator I rSS __ Other: -- — Signer Is Representing:_ Matich Corporation I � g 1999 N21-Cna:Notary Assvcwtor•935'..Ce Solo Ave P0 cox 24,02•Chatsworth.CA 91313.2002•www na'-0181n9tan c,g °oa Nc 5407 Renrne•C^��Ton-c,e,.j.8.10-F76-69;? MATICH "pr"ORAT10H SECTION V. CrENERAL SPECIFICATIONS 17 IL hTI h: C)"ORATION GENERAL SPECIFICATIONS I Leach bid shall De in accordance vyjtj Request for Quotes (RFQ)Number 1-06-15. Ali snecificatlo!,.s ar- Minimum. BiJder.i are exr)ectuj to'meet OF eXcecd these soecifications as written. Hicidlz'r shall attach t(;tnei- llcrr, aricj ex'r.,idnati(ji to-ea(:):and ever:• je-,Jai;.w, 1), variaLion trod?tn,,: soccification.,anG reouirci-nents. Conjitionai bid-,. or those that take exception to th,_RFQ]sneeificationr,and 'cquiremcni-,. may be considered. non-responsive Lna nia•. .bt rciecWd. 2. The C",\ reserve,the 1`12fir to accept or reiect an and a l l'bi 6, and to award a contract to the bidder whon-, bes-, meet,the Cir,'s requiremenis. T`H;ma. inciude Waive•0' min—irrepiarities(1,discrepancies. n, noncrinformit, V.;specifications ir. appropriate CirCUMSIanL:C;. Purchase shal! b::oj-, a best bu-, basis after due consideratior,of all rele%ant factors. including but not limited to,workmanship.accessibility of parts and service,known evidence of manufacturer's responsibility and record.durability and known operational record of product and suitabilit% as well as conformit., to Cite needs and requirements.In all cases the best interest of the Cite shall prevail in all contract awards. 3. The CitN of San Bernardino reserves the right to purchase more or less than the quantities specified at unit prices bid. 4. Bids shall be firm offers,sub"ject to acceptance or rejection within 120 days of the opening thereof. 5. Regular dealer.No bidder shall be acceptable who is not a reputable manufacturer or dealer of such items as submitted for bid consideration. 6. All materials,workmanship and finish entering into the construction of the equipment must be of the best of these respective kinds and must conform to the character of the equipment and the service for which it is intended to be used and Shall be produced bN use of the current manufacturing processes. "Seconds". factory rejects,and substandard goods are not acceptable. 7. Each bidder shall submit with their bid a cop),of the proposed product specifications,complete detailed drawings,and other descriptive matter in sufficient detail to cleady describe the equipment,materials an parts offered. d pa 8. Manufacturer and/or Contractor shall defend any and all suits and assume all liability for any and all claims made against the City of San Bernardino,or 4.nv of its officials or agents for the use of any patented process, device or article forming a part of equipment or any item furnished under the contract. 9. Each bidder must state in their bid the guaranteed d'eliven date of product andior services in number of calendar days from the date of contract execution by the City of San Bernardino,time is of the essence relative to this contract. Contractor shall prosecute the work continucuslN and diligently and shall deliver the items at the earliest possible date following the award of the contract. 10. Each bidder shall list in their bid all factory,manufacturer's and/or dealer*s vvarranty,and/orguarantee coverage and shall submit such written documents evidencing the same attached to the bid. 11. Successful bidder(s)(Contractor)shall furnish and deliver to the City complete equipment as bid and awarded, ready for installation and fully equipped as detailed in these specifications. 12. Price shall be quoted F.O.B. San Bernardino(all transportation charges shall be fully prepaid),and shall include all discounts. Bid shall include California sales tax,where applicable,computed at the rate of 7.75%(this will normally be shown as a separate line item on the price form) 13. City shall make payment within thirty(30)days after the complete deliver- ' and acceptance of the specified items b,,,,the Cito, of San Bemardino and receipt of the Contractor's priced invoice. 14. All "standard equipment"is included in arjy bid. Bidders furnishing bids under these specifications shall supply all items advertised as"standard"equipment even if such items are not stipulated in the specifications,unless otherwise clearly accepted in the bid. 15. The items which the bidder proposes to furnish the Citv,must comply in all respects with the appropriate safety regulations of all regulatory commissions of the Federal Government and the State of California, ,+,hether such safet-, features and/or items have been specificalIN outlined in these specifications or not. 16. Contractor delivering equipment pursuant to these RFQ specifications shall guarantee that equipment meets specifications as set forth herein. If it is found that equipment delivered does not meet requirements of these specifications the Contractor shall be required to correct the same at their own expense. 17. By submitting a bid.each bidder agrees that in the event complete delivery is not made within the time or times set forth pursuant to this specification, damage Nvill be sustained by the City,and that it is,and will be 18 OAATtON :.. .:.ti en:. crnci ul,a.J:certru ,iii actuc:• Ual',1a2 o.ih:_ lir_ ., s !i;: in the c,C, a: .,d. In JCI'".Cr' ( ,n' 1[cr''',aura,_­ l"�"1,MtfaC' i:, e"'Ure to s;rir.e:,. InIU°CLIOn_Uii,'e*Riiheih' COn[rUl`;. reif5(iri 0 aT", CaUSe Ur Circumstance be ont? Lne'contro. o;the ConLractoT.the tine for dehver\ rna% be e:\teilac;! 1 1 the CII:, s Sow uhsCfetior!1 n_ =numner Oi aa,"l!• b_UUterm;nLC1 t^ e'ac'h tnswnc;'h•:mutu,-°. 0,rittc-, aflrecmell: bct'\iec,. the(nnlractor aria the PurCnt:Sl"_ 18na1c't,l lnC(.li' h` lierRardln.i� The Cit., snal: rot unreasonabj'. reiuse such extension. - 19. Contract. 'tact; bid shall be submitted and received with the•understanaing ma:acceptance b•:the Cir. of p gar, lici-nardino of bid ir, response to this soucitation shall constitute e.rmtrac* renNeen the Contractor and the Cit_,. This snail bind the Contractor to furnish and aeii,er at the prices I and in compiete accordance v,itth a!! Pro,iswns of RFQ No. F-06-1 S. In most cases the basil of a,%ard ,will be in:Cit\.'s standard purchas;: order that ma., w may not incorporate this solicitation b, reference. 20. Prohibited interest. No member.officer,or employee of the Cit, or of am•agenc, of the Cin during his tenure or for one year thereafter shall have an% interest.direct or indirect in this contractor the proceeds thereof. Furthermore.the parties hereto covenant and agree that to their knowledge no board member,officer or employee of the City has am interest,,whether contractual,non-contractual,financial or otherwise.in this transaction,or in the business of the contracting party other than the Cite,and that if an,' such interest comes to the knowledge of either pam at any time;a full and complete disclosure of all such information will be made in writing to the other party or parties,even if such interest would not be considered a conflict of interest under Article 4(commencing with Section 1090)or Article 4.6(commencing with Section 1]20)of Division 4 of Title i of the Government Code of the State of California. 21. One Document.These specifications.the notice inviting bids,RFQ F-06-15,the Contractor's bid,any ,written agreement executed by the parties,the purchase order and all documents referred to in the complete specifications and purchase order,and all written modifications of said documents shall be construed together as one document. Anything called for in and' one of said documents shall be deemed to be required equally as if called for in all. Anything necessary to complete the work properly shall be performed by the contractor, whether specifically set out in the contract or not.All sections of the specifications shall be read as constituting a,whole and not as an aggregation of individual parts,and whatever is specified in one section shall be construed as applying to all sections. 22. The Cin•of San Bernardino reserves the right to accept or reject any and all bids. 23. Prompt payment.Each bidder may stipulate in their bid a percentage prompt payment discount to be taken by the City in the event the City makes payment to the Contractor within ten(10)working days of receipt of material and approval of invoice. For the purpose of this provision,payment is deemed to be made on the date of mailing of the City cht,:k.NOTE: prompt payment discounts will only be used during bid evaluation in the case of ties. 24. Inquiries. Direct all inquiries to Sheila A.Futch at 909-384-5085.Technical questions may be sent via fax to 909-384-5043. The answers to material questions will be provided to all potential bidders. 25. Bid/'rice forms.No bid will be acceptable unless prices are submitted on the pricing forms furnished herein, and all required forms are completed and included with bid.Deliver all bids,signed and sealed,to the Purchasing Division,Finance Department at 300 North"D"Street,41h Floor,City Hall,San Bernardino, California 92418. CLEARLY'MARK THE RFQ SPECIFICATION TITLE"ASPHALT FOR PAVING AND PAVING MACHINES RENTAL" AND NUMBER F-06-15 ON THE OUTSIDE OF THE ENVELOPE. .26. Time. All bids must be received in the Purchasing Division no later than 2:30 P.M.Thursday,November 23, 2005, where at such time and said place bids will be publicly opened,examined and declared. Any bid may be withdrawn by bidder prior to the above scheduled time for the opening of bids.Any bid received after that time and date specified shall NOT be considered. 27. The City of San Bernardino reserves the right at its own discretion to award separate contracts for each category,or to award multiple contracts,or to award one contract for furnishing and delivering of all equipment and'or services in all categories. 28. Equipment.In the purchase of equipment,Contractor shall be required to furnish one(l)OPERATORS MANUAL and one(1)PARTS MANUAL for all equipment bid. 29. In submitting a bid to a public purchasing body,the bidder offers and agrees that if the bid is accepted,it will assign to the purchasing body all rights,title,and interest in and to all causes of action it may have under Section 4 of the Clayton.Act(U.S.C. Sec I )or under the Cartwright act(Chapter 2.commencing with Section to OATICH CORPORATION 1670',of Par;2 o Dig isio:: _o'tnc• HusiP.;s and Proiession� Coax).arisir,-, iron, purchases n; euod: materials. c-sen ice r% the oidac-ion sale t"tnc nurcnastn Gi G` pUrSUant to the biL. Sur;a,st2r.rn nt shay be made and become efiectivc a: the time the nurcnasin., bow tender-. iina, payment to th c bidae:. 30. Contractor shall inciemnii\. aciend and void Cir.. its officer;, err,pio.:ee• and agents harmless from an"claim. deman::. liabiht:_suit, iudgment or cspensc iincludin,,�. v:ithout ii nna:ion.reasonabic costs of defense)arising out of or reiated to Contractors performance ot'tnis agreement. excm.tnat suer,dut to indemnity.defend and hold harmless shall not apply where iniur: u,person; or propert: is caused b: Cio's will u'misconduct or sole negligence.The costs. salan and expenses of the Cir. Attorne: and members of his office in enforcing this Aereement on behalf of the Cite shall b,,considered as 'attome*\'s fees" for the purposes of this paragraph. 31 ��;h is not restricting or limiting the foregoing:.during the terry,of this Agreemen:..Contracto-shall maintain in effect policies of comprehensive pubiic,general.and automobiir liabilitn insurance.in the amount of S1.000.000 combined singic limit.and statuton worker's compensation coverage.and shaii file copies of said policies with the Cit's Risk Manager prix-to undertaking any wort: under this Aereemem.The policies shall name the Cin as an additional insured and shall provide for ter, (10)day notification to the City if said policies are terminated or materialIN altered. 32. FAITHFUL PERFORMANCE BOND/BID BOND. Not required. The Contractor will be required to furnish a cashier's check,certified check or faithful performance bond;bid bond made payable to the City of San Bernardino in an amount equal to 100`ro/ 100/;of the bid price to insure the contractor's faithful performance of this contract. Said surety shall be subject to the approval of the City of San Bernardino. bonds shall be in accordance with Ordinance No. 521.Section 2400.and the corporation issuing said bond shall have a rating in Best's most recent insurance guide of"A"or better. 33. Written contract documents,dul} authorized and signed by the appropriate authority,constitute the complete and entire agreement(s)that may result frorr; the RFQ. 34. City may,at its discretion,exercise option year renewals for up to 2 years,in one year increments. 35. By submitting a bid,bidder warrants that any and all licenses and/or certifications required by Jaw,statute,code or ordinance in performing under the scope and specifications of this RFQ are currently held by bidder,and are valid and in full force and effect. Copies or legitimate proof of such licensure and/or certification shall be included in bidder's response. Bids lacking copies and/or proof of said licenses and/or certifications may be deemed non-responsive and may be rei:cted. -- i it 20 4 do_4 77,may' 47 le,' •".C' K;—:Er,`rD"OUR REZORD' CITY OF SAN BERNAIWINO B[ SINESS I(FGISTRArio,, C ERTIFIC 1T1 I I ! -AC_COl'17 ..,;kr : ..-i a 0- . _Y 1' oucz -:.. o n , l ^nn:. urn::G;'• rs::,T NCi I059� .... -.srrv;c:. a`cz_r use._ ,�_, ......a.. rr...•rrc crrt•i:ae a s�om:::r,m 1t'11I3E1i z•. . ,._ DATEPAIr: C) OS 200: ii i a r:a•, cea nc rale.c 5A 5A $1so.oc BI:SINLS:, _ '.S GENET AL ENG INEF k E?'"IR TI0` DATL DATE PAID NOTE' 6'3u,'Doo 20 _ P,) BJX 5000 -F F?—%!o , CORI' 1 Y�I _ V BALANCE Woo DUSINESS NAME MATICH CORD '%:M1,�•_w`�e� ATTENTION _ t MAIUNG ADD}L:SS PO BOX 50000 Ra.-he! V. Ciao ! SAN BERNARDINO, CA, 92412-0100 CITE`CLEM. POST s «E- PHOTOCOMS AFLE e n CITY Or SAN BERNARDINC State OI California j CONTRACTORS STATE LICENSE BOARD ACTIVE LICENSE co�m�r (,r4ilr" AHuir, v,.•+,wme, 149783 CORP b •,»,rom, MATICH CORPORATION A B • _,.._._..._. i i iiGi 2u07 I Financial Impact CIP # FUND SOURCE Amount SS 04-15 129-367-5504-7200 $23,000.00 SSO4-154 240-379-5504-7687 $22,500.00 SSO4-155 240-379-5504-7688 $38,300.00 SS05-08 240-379-5504-7689 $66,155.00 SS06-15 240-379-5504-7690 $70,000.00 SS06-18 240-379-5504-7691 $182,500.00 SS06-33 135-378-5504-7686 $350,000.00 SS 06-80 129-367-5504-7684 $343,500.00 SS 06-82 240-379-5504-7692 $86,500.00 SS 06-83 240-379-5504-7693 $15,000.00 SS 06-87 240-379-5504-7694 $86,500.00 SS 07-11 126-369-5504-7679 $35,000.00 SS 07-12 129-367-5504-7682 $25,000.00 SS 07-13 129-367-5504-7590 $72,500.00 SS 07-27 135-378-5504-7730 $162,500.00 SS 07-28 135-378-5504-7731 $100,000.00 SS 07-25 129-367-5504-7683 $94,000.00 ss 04-28 246-366-5504-7136 $225,000.00 ss 04-27 126-369-5504-7476 $25,000.00 Total $2,022,955.00 3/13/2007 11:47 AM Page 1