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ORiGiNAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Date: January 22, 2009
Subject: Resolution of the Mayor and
Common Council of the City of San
Bernardino authorizing the execution of
an Agreement and increase to Purchase
Order Number 209512 by $66,700 to
Matich Corporation for the purchase of
asphalt materials for street repairs.
From: Ken Fischer, Director
Dept: Public Services
Meeting Date: February 17, 2009
Synopsis of Previous Council Action:
Recommended Motion:
Adopt Resolution.
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Signature
Contact person: Ken Fischer, Director
Phone:
5140
Supporting data attached:
Staff Report, Resolution, Vendor
Service Agreement and Attachment "1"
Ward:
All
Source:
$66,700
FY 08-09
Account No. 001-402-5111
(Materials & Supplies)
FUNDING REQUIREMENTS:
Amount:
Council Notes:
Finance:
l!1s-o .;2.007'-Sd-...
Agenda Item No. ~L(
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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 increase to Purchase Order Number 209512 by
$66,700 to Matich Corporation for the purchase of asphalt materials for street repairs.
Background:
The Public Services Department, Street Division is responsible for maintaining all
streets in the City, which includes, potholes, crackfilling, repair and replace and skin
patching. On a daily basis, staff utilizes approximately 4-6 tons of asphalt materials for
street repairs. Staff repairs an average of 400 potholes and 11,150 square feet of skin
patch per month. Skin patches are used to fill depressions in the street.
Early in FY 08-09, staff established an interim Purchase Order (PO Number 209512) in
the amount of $24,900 to purchase asphalt materials while staff went out for a formal
bid. On December 16, 2008 a formal bid process was initiated to solicit bids for asphalt
materials. Notices of bids were mailed to the Chamber of Commerce and three (3)
vendors. Two bids were received. Matich Corporation was determined to be the lowest
bid. The bid requested unit pricing per ton of asphalt. The vendor, their business
location, and their price per ton of asphalt are listed below:
Name
Matich Corporation
Vulcan Materials Company
Holiday Rock Company Inc.
Location
San Bernardino, CA
San Bernardino, CA
San Bernardino, CA
Price Per Ton
$64.65
$70.20
Non-responsive
Matich Corporation is a local vendor that has provided good service. The Public
Services Department, Street Division is requesting that Council approve this purchase
order for an additional $66,700 for a total Purchase Order amount of $91,600 to Matich
Corporation in order to continue with street repairs citywide. The amount requested will
allow staff to purchase the necessary asphalt materials needed for the remainder of FY
08-09. The term of this agreement shall be from February 17, 2009 through June 30,
2009, with three (3) one-year extensions at the City's option.
Financial Impact:
Funds for this increase are available in the FY 08-09 Budget, Account No. 001-402-
5111 (Materials & Supplies) in the amount of $66,700.
Recommendation:
Adopt Resolution.
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
INCREASE TO PURCHASE ORDER NUMBER 209512 BY $66,700 TO MATICH
CORPORATION FOR THE PURCHASE OF ASPHALT MATERIALS FOR STREET
REPAIRS.
WHEREAS, the current Purchase Order of $24,900 needs to be increased by
$66,700 for a total Purchase Order amount of $91 ,600; and
WHEREAS, the term of this Agreement shall be from February 17, 2009
through June 30, 2009, with three (3) one-year extensions at the City's option.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The City Manager of the City of San Bernardino is hereby
authorized to execute on behalf of said City a Vendor Service Agreement between the
City of San Bernardino and Matich Corporation, a copy of which is attached hereto,
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marked as Exhibit "A", and incorporated herein by this reference as fully as though set
forth at length.
SECTION 2. Pursuant to this determination the Director of Finance or her
designee is hereby authorized to increase Purchase Order Number 209512 by
$66,700 to Matich Corporation for a total amount of $91 ,600.
SECTION 3. The Contract Purchase Order shall reference this Resolution No.
2008
and shall read, "Matich Corporation for additional asphalt materials."
SECTION 4. The authorization to execute the above referenced Purchase
Order increase and Agreement is rescinded if it is not executed by both parties within
sixty (60) days of the passage of this resolution.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
INCREASE TO PURCHASE ORDER NUMBER 209512 BY $66,700 TO MATICH
CORPORATION FOR THE PURCHASE OF ASPHALT MATERIALS FOR STREET
REPAIRS.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
Mayor and Common Council of the City of San Bernardino at a
, 2009, by the
day of
meeting thereof, held on the
8 following vote, to wit:
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Council Members:
AYES
NAYS
ABSTAIN ABSENT
ESTRADA
BAXTER
BRINKER
VACANT
KELLEY
JOHNSON
MCCAMMACK
Rachel G. Clark, City Clerk
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The foregoing resolution is hereby approved this day of
,2009.
Patrick J. Morris, Mayor
24 Approved as to form:
25 By: ~U
26 Tim Sabo
Special Counsel
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VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 17th day of February 2009, by
and between Matich Corporation ("VENDOR") and the City of San Bernardino ("CITY" or
"San Bernardino").
WITNESSETH:
WHEREAS, the Mayor and Common Council have determined that it is in the best
interest of the CITY to contract for the purchase of asphalt materials; and
WHEREAS, the City of San Bernardino did solicit and accept proposals and bids from
a number of vendors for the purchase of asphalt materials per RFQ F-09-08.
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
For the remuneration stipulated in paragraph 2, San Bernardino hereby engages the
services of VENDOR to provide those products and services as set forth in RFQ F-09-08 Price
Form, attached hereto, marked Attachment "I" and incorporated herein by this reference as
fully as though set forth at length.
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 $91,600 to provide and perform those
products and services described in Section 1 above.
b. No other expenditures made by VENDOR shall be reimbursed by CITY.
3. TERM.
The term of this agreement shall be from February 17, 2009 through June 30, 2009,
with three (3) one-year extensions at the City's option. Option year one, if exercised, shall be
Exhibit "A"
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effective July 1,2009 through June 30, 2010. Option year two, if exercised, shall be effective
July 1, 2010 through June 30, 2011. Option year three, if exercised, shall be effective July 1,
2011 through June 30, 2012.
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.
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 or
asserted upon any or alleged act or omission of Vendor, its employees, agents, or
subcontractors, relating to or in any way connected with the accomplishment of the work or
performance of service under this Agreement, unless the bodily injury or property damage was
actually caused by the sole negligence of the City, its elected officials, employees, agents or
representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its
own expense, including attorney's fees the City, its elected officials, employees, agents or
representatives from any and all legal actions based upon such actual or alleged acts or
omiSSIOns. Vendor hereby waives any and all rights to any types of express or implied
indemnity against the City, its elected officials, employees, agents or representatives, with
respect to third party claims against the Vendor relating to or in any way connected with the
accomplishment of the work or performance of services under this Agreement.
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
Exhibit "A"
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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. Insurer shall give CITY 30 days notice prior to enactment and any
change or termination of policy.
6. NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees,
VENDOR shall not engage in, nor permit its officers, employees or agents to engage in,
discrimination in employment of persons because of their race, religion, color, national origin,
ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or
sexual orientation, or any other status protected by law, except as permitted pursuant to Section
12940 of the California Government Code.
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 licenses, if any are required, in connection with the services to be
performed hereunder.
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Exhibit "A"
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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) 382-7400
Attn: Eugene P. Boisvert
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.
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Exhibit "A"
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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
convemence only and shall not affect the construction or the interpretation of any of its
provIsIOns.
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Exhibit "A"
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16. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between the
parties, and supercedes any prior agreements and understandings relating to the subject manner
of this Agreement. This Agreement may be modified or amended only by a written instrument
executed by all parties to this Agreement.
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Exhibit "A"
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VENDOR SERVICE AGREEMENT
MATICH CORPORATION
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated:
Dated
,2009
,2009
Approved as to Form:
By:,,/
Tim Sabo, S
VENDOR
By:
Its:
CITY OF SAN BERNARDINO
By:
City Manager
Exhibit "A"
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Matich Corporatior
PRICE FORM
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ATTACHMENT "1"
REQUEST FOR QUOTES: RFQ F-09-08
DESCRIPTION OF RFQ: Asphalt Materials
COMPANY NAME/ADDRESS: Matich Corporation
1596 Harry Sheppard Blvd.
San Bernardino, CA 92408
NAME OF AUTHORIZED ~p~
REPRESENTATIVE
PRINT NAME Euqene P. Boisvert VICe l'resldent
909382-7400
TELEPHONE NO.
909 382-0113
FAX NO.
ITEM UNIT FIRM FIXED PRICE
1. Pick Up Only:
a. 3/8 inch per ton $ l:.4 .10 ~
b. 1/2 inch per ton $ h4 . b C;
c. 0/. inch per ton $ b4.bS
d. Tack Coat per gallon $ 3.11
2. Delivery to Job Site:
a. 3/8 inch 12 ton delivery $ b4.bS
b. Y, inch 12 ton delivery $ h4.G:>S
c. 0/. inch 12 ton delivery $ b4.h5
3. TOTAL FIRM FIXED PRICE: $1 ':141.(,7
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