HomeMy WebLinkAbout2008-348
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RESOLUTION NO. 7nnR-<48
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING AMENDMENT NO. 1 TO THE VENDOR
SERVICE AGREEMENT WITH PAVEMENT RECYCLING SYSTEMS
INCORPORATED FOR COLD PLANING SERVICES, LABOR AND EQUIPMENT
RENTAL FOR CITY STREET REPAIRS AND AUTHORIZING EXERCISE OF THE
SECOND YEAR OPTION AND ISSUANCE OF A PURCHASE ORDER IN THE
AMOUNT OF $460,494.
WHEREAS, Pavement Recycling Systems Incorporated previously submitted
the lowest bid for cold planing services, labor and equipment rental for city street
repairs in the amount of $284,000 per Resolution No. 2007-107.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That the City Manager of the City of San Bernardino is hereby
authorized to execute on behalf of said City an Amendment between the City of San
Bernardino and Pavement Recycling Systems, Incorporated, a copy of which is
attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as
though set forth at length.
SECTION 2. This purchase is exempt from the formal contract procedures of
Section 3.040.010 of the Municipal Code, pursuant to Section 3.04.010. B.3 of said
Code, "Purchases approved by the Mayor and Common Council."
SECTION 3. Pursuant to this determination the Director of Finance or hislher
designee is hereby authorized to issue a purchase order to Pavement Recycling
Systems, Incorporated in the amount of $460,494.
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2008-348
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING AMENDMENT NO. 1 TO THE VENDOR
SERVICE AGREEMENT WITH PAVEMENT RECYCLING SYSTEMS
INCORPORATED FOR COLD PLANING SERVICES, LABOR AND EQUIPMENT
RENTAL FOR CITY STREET REPAIRS AND AUTHORIZING EXERCISE OF THE
SECOND YEAR OPTION AND ISSUANCE OF A PURCHASE ORDER IN THE
AMOUNT OF $460,494.
SECTION 4. The Purchase order shall reference this Resolution No.
2008 348
and shall read, "Pavement Recycling Systems, Incorporated for cold
planing services, labor and equipment rental for city street repairs."
SECTION 5. The authorization to execute the above referenced Purchase
Order is rescinded if it is not issued within sixty (60) days of the passage of this
resolution.
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2008-348
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING AMENDMENT NO. 1 TO THE VENDOR
SERVICE AGREEMENT WITH PAVEMENT RECYCLING SYSTEMS
INCORPORATED FOR COLD PLANING SERVICES, LABOR AND EQUIPMENT
RENTAL FOR CITY STREET REPAIRS AND AUTHORIZING EXERCISE OF THE
SECOND YEAR OPTION AND ISSUANCE OF A PURCHASE ORDER IN THE
AMOUNT OF $460,494.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
Mayor and Common Council of the City of San Bernardino at a joint regular
2nd
day of September
, 2008, by the
meeting thereof, held on the
following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA x
BAXTER x
BRINKER x
DERRY x
x
KELLEY
JOHNSON x
MCCAMMACK x
~I~:C~
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The foregoing resolution is hereby approved this ~
September , 2008.
day of
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City of San Bernardino
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2008~348
AMENDMENT NO.1 TO VENDOR SERVICE AGREEMENT
PAVEMENT RECYCLING SYSTEMS INCORPORATED
This Agreement is entered into this 2nd day of September 2008, by and between
Pavement Recycling Systems Incorporated ("VENDOR") and the City of San
Bernardino ("CITY" or "San Bernardino").
RECITALS
A. October 1, 2007, Pavement Recycling Systems Incorporated and the City of San
Bernardino entered into a Vendor Service Agreement for cold planing services,
labor and equipment rental for City street repairs in the amount of $245,300 by
exercising its first year option per Resolution No. 2007-410.
B. The CITY and VENDOR now desire to exercise the second year option and alter
the Agreement to increase the amount of the Agreement by $215,194 for a total
not-to-exceed purchase price of $460,494 as set forth in Attachment "I" and
made a part hereto.
AGREEMENT
In consideration of the mutual promises contained III the Vendor Service
Agreement, the parties agree as follows:
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The total Agreement price shall be increased by $215,194 for-a not-to-exceed
the amount of $460,494.
The term of this Agreement shall be for a period of one year.
The other provisions of the written contract are reaffirmed as originally stated.
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2008-348
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AMENDMENT NO.1 TO VENDOR SERVICE AGREEMENT
PAVEMENT RECYCLING SYSTEMS INCORPORATED
3 IN WITNESS THEREOF, the parties hereto have executed the Agreement on the day
4 and date first above written.
Dated: 9//"
,
,2008
PAVEMENT RECYCLING SYSTEMS
INCORPORATED
By:4--4-
Dated: 9/i ,2008
BERNARDINO
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17 ATTEST:
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Rachel Clark, City Clerk
23 Approved as to form:
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James F. Penman
25 City Attorney
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2008-;-348
Attachment "1"
Cold Planing Services, Labor and Equipment Rental
CIP# WARD ACCOUNT # PROJECT LOCATION PAVEMENT
RECYCLING
SS 09-07 3 126-369-5504- Laurelwood from Tippecanoe to Feree $ 7,400
SS 08-02 1,3 129-367-5504- G from 2nd to Mill $ 43,000
SS 06-43 1 240-379-5504-7619 Rialto from 1-215 to F $ 9,600
258-359-5504-7619
5S 06-08 3 240-379-5504- Rancho from Mill to Rlaito $ 7,800
SS 06-09 4,7 240-379-5504- Mountain from Lynwood to Marshall $ 6,500
SS 06-12 6 240-379-5504- Rialto from Pepper to Eucalyptus $ 3,800
SS 06-22 3 240-379-5504- Auto Plaza from 1-215 to Fairway $ 22,000
SS 06-26 1 240-379-5504- 4th from E to Arrowhead $ 10,000
SS 06-37 1,3 240-379-5504-7616 4th from Mt. Vernon to 5th $ 18,000
SS 09-01 6 240-379-5504- Medical Center from 16th to Highland $ 24,500
SS 09-,09 3 240-379-5504- Feree from Laurelwood to Coulston $ 5,000
SS 09-11 6 240-379-5504- Macy from Highland to County Line $ 7,500
SS 09-12 6 240-379-5504- Adams from Macy to San Carlo $ 5,500
SS 09-13 6 240-379-5504- Mesa from Duffy to San Anselmo $ 6,000
5S 09-19 6 240-379-5504- San Benito Court $ 3,000
SS 08-14 1,2 242-362-5504- E from 7th to Baseline $ 30,400
SS 09-10 1 248-368-5504- Stoddard & Oak (repair drain problem) $ 2,400
SS 08-04 7 258-359-5504-7778 Lynwood from Golden to Del Rosa $ 16,900
SS 08-06 1,2 258-359-5504-7779 Mt. View from 5th to Baseline $ 29,750
SS 08-09 4,7 258-359-5504-7780 Parkdale from Mt. View to Waterman $ 14,090
SS 08-11 5 258-359-5504-7782 30th from Muscupiabe to "H" $ 13,000
5S 08-12 1,3 258-359-5504-7783 Rialto from Arrowhead to "E" $ 9,000
SS 08-19 5 258-359-5504-7784 Palm from Irvington to terminus $ 22,954
SS 04-147 3 258-359-5504-1 B2 Victoria from Tippecanoe to Richardson $ 13,000
SS 06-17 1 258-359-5504-1 B2 Tippecanoe from Baseiine to Channel $ 6,000
SS 08-17 1 258-359-5504-1 B2 Sierra from 4th to 9th $ 21,500
SS 09-03 5 258-359-5504-1 B2 Sun Valley from 48th to Reservoir $, 11,500
SS 09-04 2 258-359-5504-1 B2 29th from Lincoln to H $ 11,000
S5 09-05 6 258-359-5504-1 B2 Hallmark Pkwy from University to Sun $ 23,000
SS 09-06 7 258-359-5504-1 B2 33rd from E to D $ 4,000
SS 09-08 4 258-359-5504-1 B2 Eureka from Camelia to Del Rosa $ 9,000
SS 09-14 5 258-359-5504-1 B2 Northpark from Sierra to Campus Pkwy $ 20,500
WB onlv)
SS 09-15 7 258-359-5504-1 B2 Genevieve from 34th to 38th $ 14,500
S509-17 3 258-359-5504-1 B2 Coulston from Tippecanoe to Ferrell $ 8,400
TOTALS $ 460,494
2007-107
VENDOR SERVICE AGREEMENT
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This Vendor Service Agreement is entered into this 2nd day of April
2007, by and between Pavement Recycling Systems, Inc. ("VENDOR") and the City of San
Bernardino ("CITY" or "San Bernardino").
WHEREAS, the Mayor and Common Council has determined that it is advantageous
and in the best interest of the CITY to contract for the completion of cold milling, labor and
equipment rental for City street repairs; and
WHEREAS, the City of San Bernardino did solicit and accept proposals and bids from
a number of vendors for cold milling, labor and equipment rental for City street repairs.
NOW, THEREFORE, the parties hereto agree as follows:
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-
07-29, for Cold Planning Services, dated January 30, 2007, attached hereto and incorporated
herein by this reference.
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 $284,000.00 for cold milling, labor and
equipment rental for City street repairs (Cold Planing Services).
b. No other expenditures made by VENDOR shall be reimbursed by CITY,
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
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2 either party. The terms of this Agreement shall remain in force unless mutually amended. The
3 duration of this Agreement may be extended with the written consent of both parties.
4 4. INDEMNITY.
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17 Agreement, the CITY and/or VENDOR shall indemnify the other to the extent of this
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19 S. INSURANCE.
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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
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
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2 termination in the policy.
3 6. NON-DISCRIMINATION.
4 In the performance of this Agreement and in the hiring and recruitment of employees,
5 VENDOR shall not discriminate on the basis of race, creed, color, religion, sex, physical
6 handicap, ethnic background or country of origin.
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VENDOR shall perform work tasks provided by this Agreement, but for all intents and
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10 purposes VENDOR shall be an independent contractor and not an agent or employee of the
11 CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
12 Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
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INDEPENDENT CONTRACTOR.
Compensation, and other payroll deductions for VENDOR and its officers, agents, and
performed hereunder.
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.
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Any notices to be given pursuant to this Agreement shall be deposited with the United
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3 States Postal Service, postage prepaid and addressed as follows:
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TO THE CITY:
Public Services Director
300 North "D" Street
San Bernardino, CA 92418
Telephone: (909) 384-5140
TO THE VENDOR:
Pavement Recycling Systems, Inc.
P.O. Box 1266
Riverside, CA 92502
Telephone: (951) 682-1091
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ATTORNEYS' FEES
In the event that litigation is brought by any party in connection with this Agreement,
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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
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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 ofCalifomia.
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.
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IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
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10 Approved as to Form:
and date set forth below.
Dated: , 2007
By:
Its:
D""'+' 2007
CITY OF SAN BERNARDINO
BY:~ .ct.~
Pat 'ck J. Morn, ayor
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F. Penman, City Attorney
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RFQ F-07-29
City of San Bernardino
TECHNICAL SPECIFICATIONS
BID SPECIFICATION NO: RFQ F-07-29
COLD PLANING SERVICE
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:
The City of San Bernardino is accepting bids for the cold planing of
approximately 2,000,000 Square Feet of 1.5 inch of asphalt on various
City streets. Two grinders wiU be used each scheduled 8 to 10 hour days
for the planing of the asphalt. The main section of the street wiU need a
large planer from the 96-inch to 48-inch and the I8-inch planer for
manholes, ridges, water gate valves, and header cuts. Bidder shaU
complete right-hand column indicating specific size and or make and
model of all components when not exactly as specified. State "As
Specified" ifitem is exactly as set forth in the left-hand column.
FAILURE TO COMPLETE RIGHT HAND COLUMN WILL INVALIDATE BID
REQUIREMENTS ACCEPTABLE! AS SPECIFtED
The contractor wiU provide (2) two grinders, (2)
operators and (I) one spotter/grade checker for
maintenance and repair operations for the Street Division A teep~\::'\-e....
of the Public Service Department for the City of San
Bernardino rer soecifications below.
The Contractor will provide:
1) A 96" 800 hp Cold Planing grinder with one operator and one ~c.c.-c-f'.t-A-bl,",-
spotter! grade checker.
The Contractor will provide:
2) A 84" Cold Planing grinder with one operator and one spotter! A c.c.'p\-a~\<-.
grade checker
The Contractor will provide:
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. RFQ F-07-29
3) A 72" Cold Planing grinder with one operator and one spotter! ~ (.e.~-\-ft\:'I....
grade checker.
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The Contractor will provide:
4) A 48" Cold planing grinder with one operator. Mobilization ~ c.(.~:p.\-...ble
must be included with the daily rate.
The Contractor will provide:
5) A 18" mini Cold Planing grinder with one operator eight hour A. ~ a..?-+...\':> I.....
day. Mobilization must be included with the daily rate.
The Contractor will provide the following service:
The contractor shall provide services on a per day Rental price that A (.c:..e.p+~b Ie.
includes all manpower, all equipment, insurance, and mobilization
cost.
Please state daily rate on Request for Quotation fonn attached.
BIDDER'S SIGNATURE:
~c _~/\~
(pRINT NAME)
D~ S'a^.k, ~;c./ [s'/"-a:b:
-p 0 is O)t. \'-..l.:.(.
ADDRESS:
~ ; 04-("S i QQ.) c.A <1L.SC Z-
NAME AND TELEPHONE
NO. OF AUTHORIZED
REPRESENTATIVE:
c.. #dl.. Q. ~ ~ \3 v..-\\- ~ ~ ~ '1.. ~
'\$ \-l.. 'l. '2- - \O~\
RFQ F-07-29
REQUEST FOR QUOTES:
RFQ F-07-29
DESCRIPTION OF RFQ:
Cold Planing Services
BIDDER'S NAME/ADDRESS:
~Av~OV\.-\-~e.crli "\..5 <;:\~~Sr LJc..
--Po ~Oy; IL..101,.,
't< ; \,) us I U <2.) Q.../A ~ "'LS O""L.
NAMEffELEPHONE NO. OF
AUTHORIZED REPRESENTATIVE
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ANNUAL PURCHASE ORDER
Effective on or about July I, 2006 through July 30, 2007 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, 2007 through June 30, 2008 Option year two, if
exercised, shall be effective July 1, 2008 through June 30, 2009,
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.