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HomeMy WebLinkAbout29-Public Services ORIGINAL CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Subject: Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an Agreement and Purchase Order in the amount of $2,523,180 with three (3) one-year extensions at the City's option between the City of San Bernardino and Matich Corporation for street paving services utilized by the Public Services Department. From: Ken Fischer, Director Dept: Public Services Date: August 29, 2008 Meeting Date: September 2, 2008 Synopsis of Previous Council Action: April 2, 2007 - Resolution No. 2007-111 - Council authorized the execution of an agreement and purchase order in the amount of $2,022,995.00 with a one-year extension at the City's option per Bid Specifications No. RFO F-06-15. 0~/AJ~ Recommended Motion: Adopt Resolution. Contact person: Ken Fischer, Director Phone: Supporting data attached: Ward: Staff Report, Resolution, Vendor Service Agreement, Attachment "1" and RFO F-09-03 FUNDING REQUIREMENTS: Amount: Source: Council Notes: Finance: Jds-o 020(M'.~-l51 5140 All $ 2,523,180 FY 08-09 Account Numbers (See attached) Agenda Item No. --2!J q-t...O& CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report Subject: Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an Agreement and Purchase Order in the amount of $2,523,180 with three (3) one-year extensions at the City's option between the City of San Bernardino and Matich Corporation for street paving services utilized by the Public Services Department. Background: The Public Services Department, Streets Division is responsible for street repair and maintenance activities. On August 11, 2008 a formal bid process was initiated to solicit bids for street paving services per RFQ- F-09-03. Notices of bids were mailed to the Chamber of Commerce and three (3) vendors (Matich Corporation, NPG Corporation and Guzman Construction). However, Guzman Construction did not submit a bid. At the time, only 19 projects were anticipated to be on the CIP. As a result, the bid documents requested unit pricing for street paving services for approximately 19 projects but did not guarantee a total amount of work. The bid results were as follows: The vendor, business location, and bid price are listed below. Vendor Matich Corporation NPG Corporation Hardy & Harper Guzman Construction Co. Location San Bernardino, CA Perris, CA Santa Ana, CA San Bernardino, CA Bid Price $1,817,500 $2,581,300 $2,979,700 Non-Responsive After the bid closed, staff adjusted the scope of some of the projects. As a result, some of the project costs increased. Since Matich Corporation submitted the lowest bid for the street paving services, staff recommends awarding them the contract for all nineteen (19) projects in the amount of $2,523,180 (Attachment "1"). The Matich Corporation has provided satisfactory paving and traffic control services in support of our mill and overlay maintenance program. Attached is a listing of the capital improvement project numbers, wards, account numbers, physical project locations and dollar amounts to be spent on street paving services (Attachment "1"). Approval will allow these projects to be scheduled for completion this fiscal year. Thirteen (13) of these projects are funded with the State Infrastructure Bank Loan (I Bank) funds and must be completed and invoiced for reimbursement before November 2, 2008. Therefore, staff is seeking approval now to allow completion of these projects before the November deadline. The project numbers for this years proposed projects will be filled in later. Financial Impact: Funds for this are available after the formal adoption of the 08-09 Capital Improvement Program (CIP) and have been budgeted in the FY 08-09 CIP Budget (See attached). Recommendation: Adopt Resolution. Attachment "1" Street Paving Services 1 CIP# WARD ACCOUNT # PROJECT LOCATION MATICH SS 06-43 1 240-379-5504-7619 Rialto from 1-215 to F $ 229,350 258-359-5504-7619 $ 212,300 SS 06-08 3 240-379.5504- Rancho from Mill to Rialto $ 60,524 SS 06-09 4,7 240-379-5504- Mountain from L ynwood to Marshall $ 63,200 SS 06-12 6 240-379-5504- Rialto from Pepper to Eucalyptus $ 30,080 SS 06-22 3 240-379-5504- Auto Plaza from 1-215 to Fairway $ 202,373 SS 06-26 1 240-379-5504- 4th from E to Arrowhead $ 87,209 SS 06-37 1,3 240-379-5504-7616 4th from Mt. Vemon to 5th $ 160,648 SS 09-01 6 240-379-5504- Medical Center from 16th to Highland $ 218,797 SS 09-09 3 240-379-5504- Feree from Laurelwood to Coulston $ 48,088 SS09-11 6 240-379-5504- Macy from Highland to County Line $ 68,065 SS 09-12 6 240-379-5504- Adams from Macy to San Carlo $ 53,493 SS 09-13 6 240-379-5504- Mesa from Duffy to San Anselmo $ 58,556 SS 09-19 6 240-379-5504- San Benito Court $ 28,339 SS 08-14 1,2 242-362-5504- E from 7th to Baseline $ 288,580 SS 09-10 1 248-368-5504- Stoddard & Oak (repair drain problem) $ 21,784 SS 08-04 7 258-359-5504-7778 Lynwood from Golden to Del Rosa $ 151,441 SS 08-06 1,2 258-359-5504-7779 Mt. View from 5th to Baseline $ 274,186 SS 08-09 4,7 258-359-5504-7780 Parkdale from Mt. View to Waterman $ 132,681 SS08-11 5 258-359-5504-7782 30th from Muscupiabe to "H" $ 133,486 TOTALS $ 2,523,180 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 CCQ)~l1 1 RESOLUTION NO. 2008-354 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND PURCHASE ORDER IN THE AMOUNT OF $2,523,180 WITH THREE (3) ONE-YEAR EXTENSIONS AT THE CITY'S OPTION BETWEEN THE CITY OF SAN BERNARDINO AND MATICH CORPORATION FOR STREET PAVING SERVICES UTILIZED BY THE PUBLIC SERVICES DEPARTMENT. 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 III 28 WHEREAS, Matich Corporation submitted the lowest bid for street paving services per RFQ FO-03. BElT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That the City Manager of the City of San Bernardino is hereby authorized to execute on behalf of said City an Agreement between the City of San Bernardino and Matich Corporation, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length and at the unit prices set forth in the bid from Matich Corporation. SECTION 2. That pursuant to this determination the Director of Finance or hislher designee is hereby authorized to issue a Purchase Order to Matich Corporation in the amount of $2,523,180. SECTION 3. The Purchase Order shall reference this Resolution No. 008-354 and shall read, "Matich Corporation for street paving services, not to exceed $2,523,180" and shall incorporate the terms and conditions of this Resolution. SECTION 4. The authorization to execute the above referenced Purchase Order and Agreement is rescinded if not issued within sixty (60) days of the passage of this Resolution. 2008-354 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND PURCHASE ORDER IN THE AMOUNT OF $2.523,180 WITH THREE (3) ONE-YEAR EXTENSIONS AT THE CITY'S OPTION BETWEEN THE CITY OF SAN BERNARDINO AND MATICH CORPORATION FOR STREET PAVING SERVICES UTILIZED BY THE PUBLIC SERVICES DEPARTMENT. 1 2 3 4 5 6 Mayor and Common Council of the City of San Bernardino at a joint regular 7 8 9 10 11 12 13 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the meeting thereof, held on the 2nd day of September , 2008, by the 14 15 16 17 18 following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA x BAXTER x BRINKER x DERRY x KELLEY x JOHNSON x MCCAMMACK x The foregoing resolution September , 2008. ~u..eIu1~. ~ Rachel G. Clark, City Clerk is hereby approved this 4r>> day of 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 VENDORSER~CEAGREEMENT This Vendor Service Agreement is entered into this 2nd day of September 2008, by and between Matich Corporation ("VENDOR") and the City of San Bernardino ("CITY" or "San Bernardino"). WITNESSETH: WHEREAS, the Mayor and Common Council has determined that it is advantageous and in the best interest of the CITY to contract for street paving services; and WHEREAS, the City of San Bernardino did solicit and accept proposals and bids from a number of vendors for street paving services per RFQ F-09-03. NOW, THEREFORE, the parties hereto agree as follows: 1. SCOPE OF SER~CES. For the remuneration stipulated, San Bernardino hereby engages the services of VENDOR to provide those products and services as set forth in Attachment "I" and Bid Specifications No. RFQ F-09-03, for street paving services, dated August 12, 2008, in accordance with the unit price set forth thereof, attached hereto and incorporated herein by this reference. 2. COMPENSATION AND EXPENSES. a. For the services delineated above, the CITY, upon presentation of an invoice, shall pay the VENDOR up to the amount of$2,523,180 for street paving services. b. No other expenditures made by VENDOR shall be reimbursed by CITY. 3. TERM; SEVERABILITY. The term of this agreement shall be from September 2, 2008 through June 30, 2009, with three (3) one-year extensions at the City's option. Option year one, if exercised, shall be effective July I, 2009 through June 30, 2010. Option year two, if exercised, shall be effective Exhibit "A" 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 July 1, 2010 through June 30, 2011. Option year three, if exercised, shall be effective July 1, 2011 through June 30, 2012. Each option shall be exercised by written agreement of the parties executed on or before expiration of the current term. This Agreement may be terminated at any time by thirty (30) days prior written notice by either party. The terms of this Agreement shall remain in force unless amended by written agreement of the parties executed on or before date of expiration of current term of the agreement. 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 accomplislunent 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 accomplislunent of the work or performance of services under this Agreement. III Exhibit "A" 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 6. NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, VENDOR shall not engage in, nor permit its officers, employees or agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or sexual orientation, or any other status protected by law, except as permitted pursuant to Section 12940 of the California Government Code. 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 performedh~eunder. Exhibit "A" 1 8. 2 3 4 5 6 7 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. 9. NOTICES. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Any notices to be given pursuant to this Agreement shall be deposited with the United States Postal Service, postage prepaid and addressed as follows: TO THE CITY: Public Services Director 300 North "D" Street San Bernardino, CA 92418 Telephone: (909) 384-5140 TO THE VENDOR: Matich Corporation 1596 Harry Sheppard Blvd. San Bernardino, CA 92408 Telephone: (909) 382-7423 Contact: Patrick Matich 10. ATTORNEYS' FEES In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions hereof. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the purposes of this paragraph. III III Exhibit "A" 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 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. Exhibit "A" 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 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 III III III III III III III III III III III III III III III III III III Exhibit "A" 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: ,2008 VENDOR. By: Its: Dated ,2008 CITY OF SAN BERNARDINO By: Patrick J. Morris, Mayor Approved as to Form: By: Tim Sabo Special Counsel Exhibit "A" 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 2008-354 VENDORSER~CEAGREEMENT This Vendor Service Agreement is entered into this 2nd day of September 2008, by and between Matich Corporation ("VENDOR") and the City of San Bernardino ("CITY" or "San Bernardino"). WITNESSETH: WHEREAS, the Mayor and Common Council has determined that it is advantageous and in the best interest of the CITY to contract for street paving services; and WHEREAS, the City of San Bernardino did solicit and accept proposals and bids from a number of vendors for street paving services per RFQ F-09-03. NOW, THEREFORE, the parties hereto agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated, San Bernardino hereby engages the services of VENDOR to provide those products and services as set forth in Attachment "I" and Bid Specifications No. RFQ F-09-03, for street paving services, dated August 12, 2008, in accordance with the unit price set forth thereof, attached hereto and incorporated herein by this reference. 2. COMPENSATION AND EXPENSES. . a. For the services delineated above, the CITY, upon presentation of an invoice, shaH pay the VENDOR up to the amount of$2,523,180 for street paving services. b. No other expenditures made by VENDOR shaH be reimbursed by CITY. 3. TERM; SEVERABILITY. The term of this agreement shall be from September 2, 2008 through June 30, 2009, with three (3) one-year extensions at the City's option. Option .year one, if exercised, shall be effective July I, 2009 through June 30, 2010. Option year two, if exercised, shall be effective 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 2008-354 July I, 2010 through June 30, 2011. Option year three, if exercised, shall be effective July 1, 2011 through June 30, 2012. Each option shall be exercised by written agreement of the parties executed on or before expiration of the current term. This Agreement may be terminated at any time by thirty (30) days prior written notice by either party. The terms of this Agreement shall remain in force unless amended by written agreement of the parties executed on or before date of expiration of current term of the agreement. 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 indenmity, Vendor agrees to protect and defend at its own expense, including attorney's fees the City, its elected official~, employees, agents or representatives from any and all legal actions based upon such actual or alleged acts or omissions. Vendor hereby waives any and all rights to any types of express or implied indemnity against the City, its elected officials, employees, agents or representatives, with respect to third party claims against the Vendor relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement. III 2008-354 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 pursuantto Section 12940 of the California Government 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. 2008-354 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 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. 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 "0" Street San Bernardino, CA 92418 Telephone: (909) 384-5140 TO THE VENDOR: Matich Corporation 1596 Harry Sheppard Blvd. San Bernardino, CA 92408 Telephone: (909) 382-7423 Contact: Patrick Matich 10. ATTORNEYS' FEES In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions hereof. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the purposes of this paragraph. III III 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 2008-354 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. 14. This Agreement shall be govemed by the laws of the State of California. SUCCESSORS AND ASSIGNS. . This Agreement shall be binding on and inure to the benefit of the parties to this Agreement and their respective h:eirs, 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. 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 2008-354 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 III III III III III III III III III III III III III III III III III III .. 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 2008-354 VENDOR SERVICE AGREEMENT MATICH CORPORATION IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: ,2008 Dated ".t-c.. 9' ,2008 . Approved as to Form: BY:'I~~ Tim Sabo Special Counsel VENDOR. By: Its: CITY OF SAN BERNARDINO BY.~. ~ Patri J. Morris, or . IVlaU!.;11 \"oUlf-IVlC1l1UII 2008-354 RFQ F-09-03 City of San Bernardino TECHNICAL SPECIFICATIONS RFQ F-09-03 PAVING SERVICES FOR MILL AND OVERLAY PROJECTS NOTICE: "SPECIAL INSTRUCTIONS TO THE BIDDER" The Public Services Department, Streets Division oversees mill and overlay projects as part of the Capital Improvement Projects (CIP) of City streets. The projects are selected segments of streets throughout the City. The total number of projects is estimated at 19 but no guarantee has been made or implied as to the exact quantity that will be assigned to the most responsible bidder. The intent of this document is to solicit proposals from highly trained and qualified vendors with experience in providing mill and overlay services. The City is looking for the most responsive and responsible vendor that will be committed to provide the best level of mill and overlay services. Through a competitive qualification and bid based procurement process, the City of San Bernardino intends to enter into an agreement with a qualified vendor for mill and overlay services. Services: Bidder shall complete right-hand column indicating brief reasoning for exceptions to requirements when not acceptable. State "Acceptable" if requirements are agreeable as set forth in left-hand column. Whenever the terms "Standard Specifications" is used, it shall mean the "Standard Specifications for Public Works Construction, latest edition," In case of conflict between these specifications and Standard Specifications, these specifications shall take precedence over and be used in lieu of the Standard Specifications. , FAILURE TO COMPLETE RIGHT HAND COLUMN WILL INVALIDATE BID CATEGORY I ACCEPTABLE I AS SPECIFIED 1. SCOPE OF WORK The Contractor recognizes and agrees that this rJJ 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. The Work will indude 8 '''..llCn L;orporation 2008-354 RFQ F-09-03 crack sealing, traffic control, street sweeping, asphalt overlay, tack coating, mobilization fees, and hauling all materials. 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, 1/2 or 3/4 inch PG 6410. Manpower will consist of all cJl Supervision, labor to operate paver, rollers, delivery drivers, sweeper operators, ground crew (to include rakers, shovelers, clean up crew, and raising valves). Equipment consists of paving machine 20 foot wide to apply materials, rollers (to include knock down, finish, rubber tire) to compact the materials, dump trucks to deliver the materials, and sweeper to clean up site. 3. GREENBOOK STANDARDS All work will comply with the current GREEN BOOK" rJI Standard Specifications for Public Works Construction and the City of San Bernardino Public Works Standards. 4. TRAFFIC CONTROL A Traffic control must comply with the most recent dated Cal Trans Manual of Traffic Controls for Maintenance Zones and Watch manual. vI B. A Traffic Control Plan shall be prepared at least two weeks in advance of construction . and submitted to the City Engineer for review and approval. The Traffic Control Plan shall show signs, devices, and other necessary features in detail to property safeguard the public from unnecessary inconvenience or hazard. 5. SOUND CONTROL REQUIREMENTS rJ Sound control shall comply with Chapter 8.54 of the City of San Bernardino Municipal Code and the followina provisions: The noise level from the 9 2008-354 IWlau"",, '"'U'JJUfi:ltMl RFQ F-09-03 construction worK, between the hours of 9:00 p.m. and 6:00 a.m. shall not exceed 86dbA at the distance of 50 feet and shall apply to all equipment on the job or related to the job. 6. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) EQUIREMENTS City construction worK shall comply with all the ~f NPDES requirements pursuant to the State Water Resources Board and the Cal Trans Storm Water Quality handbooks to prevent pollutant sources affecting the quality of storm discharge from the construction site, both during construction and after construction completion. 7. ADVANCE NOTICE The Contractor will post temporary no parKing signs cJl 72 hours in advance before the project start date. 8. PROJECT APPEARANCE WorK crews shall maintain a neat appearance to df the worK. In any area visible to the public, the following shall apply: When practicable, broken asphalt, concrete and other debris developed during clearing, removal, and grubbing shall be disposed of concurrently with its removal. If stockpiling is necessary, the material shall be removed or disposed of weekly. 9. PAVEMENT GRINDING rJl When pavement grinding has occurred, the street , shall be paved no later than seven calendar days . later. 10. DUST CONTROL rJ! After grinding, the street shall be periodically watered and/or swept to keep dust to a minimum and during high winds, more frequent watering will be required. 11. PAVEMENT TRANSITIONS 10 2008-354 ...-...-.. ....U"tlV1QUUII RFQ F-09-03 A temporary asphalt concrete ramp shall be placed to provide a smooth transition for vehicles at all 111 transverse cold mill areas. Ramps shall be full width or as approved by the City Engineer and are to be placed on the same days as the cold mill operation and shall be removed prior to permanent asphalt concrete pavement. 12. UTILITY REQUIREMENTS It is the responsibility of the Contractor to ensure r}1 notification has been provided to Underground Service Alert (USA) at least two worKing days in advance of construction worK involving excavation near or around any utility substructures. 13. WORK HOURS WorK hours shall be confined to the hours between cJl 7:00 a.m. and 5:00 p.m. Monday through Friday, unless approved otherwise by the City Engineer or Public Services Director. 14. COORDINATION The Contractor will have to coordinate with Milling 1/ Contractor hired by the City for the milling process and provide trucking along with traffic control during the milling process. Contractor must supply a supervisor tei coordinate all activities, and supervise in the field during the milling activities. 15. REFERENCE LIST Provide three (3) local government agencies and/or 11/ . company's previous or current contact references that support your ability to provide mill and overlay Services as described in this proposal. 16. CONTRACT LENGTH The length of this contract shall be for one (1) year cJl with three (3) one-year extensions at the City's option. 17. QUALIFICATION / LICENSES 11 2008-354 RFQ F.o9-03 The vendor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that Vi are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Contract . 18. TONNAGE COST FOR ASPHALT JI Supply cost per ton for requested asphalt to project. 19. LABOR RATES Prevailing wage must be paid for the term of this tJf coptract Prevailing wage reports must accompany all invoices. 20. SUBCONTRACTOR Contractor must list all subcontractors used for the vi duration of this contract. If a new subcontractor is hired to provide services during the contract, the contractor must submit the name of the new subcontractor, subcontractor's license, and insurance information prior to work performed. 21. TEMPORARY STRIPING Contractor must install temporary striping after 1/1 milling operation and paving street. Painted striping is required for the milling process and reflectorized tabs for the finished asphalt street. 22. BID AND PERFORMANCE BONDS , Contractor must submit a 10% bid bond and a fll 100% performance bond. 23. CONTRACTOR NON-COMPLIANCE A. If the Public Services Department Director, or rJl his designee, determines that there are deficiencies in the performance of this Agreement, the Public Services Director, or his designee, will provide a written notice to the vendor statina the deficienCies and 12 2008-354 RFQ F -09-03 specifying a time frame to correct the specified deficiencies. This time frame shall be reasonable, as determined by the Public Services Department Director, or his designee, to correct the specified deficiencies. B. Should the vendor fail to correct any deficiencies within the stated time frame, the Public Services Director, or designee, may exercise the following measures: rJP 1. Deduct from the vendor's payment the amount necessary to correct the deficiency, induding City overhead costs and impose a deficiency . deduction. 2. Withhold the entire or partial payment. 3. Terminate the contract and award to second bidder. .. 13 RFQ F-09-03 2008-354 PRICE FORM REQUEST FOR QUOTES: RFQ F-OS-03 DESCRIPTION OF RFQ: Paving Services for Mill and Overlay Projects BIDDER'S NAME/ADDRESS: MalichCorporation 1~HanySheppardBlvd San BernanSino. CA 92408 NAMEI TELEPHONE NO. OF . AUTHORIZED REPRESENTATIVE PatrickA. Matich 909382-7400 (See Next Page) , 19 II o-t CIl-lr ..........00...........~1\)1\)1\).....0101.......... ~,~"tl ,,0 c)> 0 (0 0 0 OJ 0 c.n pt 9' pt (0 0 -..l (0 OJ ~~m c CD -t OJ X f;l "U o~ o~ 0000 "U 0 Cl "U O{P~e.;S!: =)> -l - aO-'pr+OOOOaI,lEa.P"V ~I~~. 0' 8. r.: 0 < ~' ~Or+ lil 00 g =. ~ ~ ;; CD' g US CD' 00 )1>< (l!t].'.~.~ '" -' <D ,,0. VI::J VI VI VI " ., _ " _ .g",,, en III )>---,::J r+ ::J VI 0 ~ (\) .c ;:.; .c r+ VI :tf r+ 0 Z e!iY~....', CD = c. 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