HomeMy WebLinkAbout18- Public Services ORIGINAL
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
From: Ken Fischer, Director Subject: Resolution of the Mayor and
Common Council of the City of San
Dept: Public Services Bernardino authorizing the execution of
an Agreement and issuance of a
Date: August 24, 2009 Contract Purchase Order in the amount
of $238,600 with four (4) one-year
extensions at the City's option to
Pavement Recycling Systems,
Incorporated for cold planing services,
labor and equipment rental for City
street repairs.
Meeting Date: September 8, 2009
Synopsis of Previous Council Action:
Recommended Motion:
Adopt Resolution.
Signature
Contact person: Ken Fischer, Director Phone: 5140
Supporting data attached: Ward: 1, 2, 3, 4, 5 and 6
Staff Report, Resolution,
Vendor Service Agreement and
Attachment "1" and "2"
FUNDING REQUIREMENTS: Amount: $238,600
Source: FY 09-10 CIP
(See Attachment "1")
Finance:
Council Notes: eso X00 - ,31
Agenda Item No. �b
A-O.Aa
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 issuance of a Contract Purchase Order in the amount of
$238,600 with four (4) one-year extensions at the City's option to Pavement Recycling Systems,
Incorporated for cold planing services, labor and equipment rental for City street repairs.
Background:
The Public Services Department, Streets Division is responsible for street repair and
maintenance activities. The Department also oversees contract mill and overlay projects
assigned as part of the Capital Improvement Budget.
On July 7, 2009 a formal bid process was initiated to solicit bids for cold planing services.
Notices of bids were e-mailed, posted to the web, printed on the newspaper and sent to the
Chamber of Commerce and three (3) vendors, Pavement Recycling Systems, Lindy's Cold
Planing and Precision Cold Planing. Pavement Recycling Systems was the only vendor that
responded. No local vendors provide this type of service. Staff called the other two vendors to
inquire on why they did not submit a bid. The results were as follows:
1. Lindy's Cold Planing indicated that they were not interested
2. Precision Cold Planing stated that they did not have the necessary equipment
The vendor, business location, and bid quote prices are listed below:
Pavement Recycling Systems, Incorporated. Fixed Fee for Overtime (after
Mira Loma, CA 8 hours" 8 hours)
1. An 86" to 101" 800 hp Cold Planing grinder with $6,590 $695
one (1) operator and one (1) spotter/grade checker.
2. An 84" to 86" 500 hp Cold Planing grinder with $5,940 $640
one (1) operator and one (1) spotter/grade checker.
3. A 60" to 72" 425 hp Cold Planing grinder with one $5,600 $600
(1) operator and one (1) spotter/grade checker.
4. A 48" 330 hp Cold Planing grinder with one (1) $3,870 $380
operator.
5. An 18" mini Cold Planing grinder with one (1) $2,250 $205
operator for eight (8) hours per day.
Total Firm Fixed Fee $24,250 $2,520
Since Pavement Recycling Systems, Incorporated was the only vendor to submit a bid and has
provided satisfactory grinding services in the past, staff recommends that we issue a Purchase
1
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report- Continued
Order in the amount of $238,600 to Pavement Recycling Systems, Incorporated for our cold
planing services, labor and equipment rental for City street repairs.
Attached is a listing of the affected wards, capital improvement CIP numbers, physical project
locations, account numbers and dollar amounts to be spent on cold planing/pavement grinding
(Attachment "1"). Approval of the proposed contract renewal option will allow these projects to
be scheduled for completion this fiscal year. The project numbers for this years proposed
projects will be filled in later.
Financial Impact:
Funds have been budgeted in the FY 09-10 Capital Improvement Projects (See Attachment "'I").
Recommendation:
Adopt Resolution.
2
COPY
1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
3 ISSUANCE OF A CONTRACT PURCHASE ORDER IN THE AMOUNT OF $238,600
WITH FOUR (4) ONE-YEAR EXTENSIONS AT THE CITY'S OPTION TO
4 PAVEMENT RECYCLING SYSTEMS, INCORPORATED FOR COLD PLANING
5 SERVICES, LABOR AND EQUIPMENT RENTAL FOR CITY STREET REPAIRS.
6 WHEREAS, Pavement Recycling Systems, Incorporated submitted the only bid
7 for cold planing services, labor and equipment rental for City street repairs per RFQ F-
8 09-20.
9 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
10 OF SAN BERNARDINO AS FOLLOWS:
11 SECTION 1. The City Manager of the City of San Bernardino is hereby
12 authorized to execute on behalf of said City an Agreement between the City of San
13
Bernardino and Pavement Recycling Systems, Incorporated, a copy of which is
14
15 attached hereto, marked as Exhibit "A", and incorporated herein by this reference as
16 fully as though set forth at length.
17 SECTION 2. That pursuant to this determination the Director of Finance or her
18 designee is hereby authorized to issue a purchase order to Pavement Recycling
19 Systems, Incorporated in the amount of $238,600 for FY 09-10.
20
SECTION 3. The Purchase Order shall reference this Resolution Number and
21
22 shall read, "Pavement Recycling Systems, Incorporated for cold planing services,
23 labor and equipment rental. Agreement not to exceed $238,600" and shall incorporate
24 the terms and conditions of the agreement.
25 SECTION 4. The authorization to execute the above referenced Purchase
26 Order and Agreement is rescinded if it is not executed by both parties within sixty (60)
27 days of the passage of this resolution. Ct
28 S °�
�8
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
1
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
2 ISSUANCE OF A CONTRACT PURCHASE ORDER IN THE AMOUNT OF $238,600
WITH FOUR (4) ONE-YEAR EXTENSIONS AT THE CITY'S OPTION TO
3 PAVEMENT RECYCLING SYSTEMS, INCORPORATED FOR COLD PLANING
4 SERVICES, LABOR AND EQUIPMENT RENTAL FOR CITY STREET REPAIRS.
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 2009, by the
8 following vote, to wit:
9 Council Members: AYES NAYS ABSTAIN ABSENT
10
ESTRADA
11
12 BAXTER
13 BRINKER
14 SHORETT
15 KELLEY
16 JOHNSON
17
MCCAMMACK
18
19
20 Rachel G. Clark, City Clerk
21
The foregoing resolution is hereby approved this day of
22 2009.
23
24 Patrick J. Morris, Mayor
City of San Bernardino
25 Approved as to Form:
26 By. }•
`„ 27 mes F. Penman
ity Attorney
28
1 VENDOR SERVICE AGREEMENT
2 This Vendor Service Agreement is entered into this 8th day of September 2009, by
3 and between Pavement Recycling Systems, Incorporated ("VENDOR") and the City of San
4 Bernardino ("CITY"or"San Bernardino").
5
WITNESSETH:
6
7 WHEREAS, the Mayor and Common Council has determined that it is advantageous
8 and in the best interest of the CITY to contract for cold planing, labor and equipment rental for
9 City street repairs; and
10 WHEREAS, the City of San Bernardino did solicit and accept bids from available
11 vendors for cold planing, labor and equipment rental for City street repairs per RFQ F-09-20;
12
and,
13
14 NOW,THEREFORE, the parties hereto agree as follows:
15 1. SCOPE OF SERVICES.
16 For the remuneration stipulated, San Bernardino hereby engages the services of
17 VENDOR to provide those products and services as set forth in RFQ F-09-20, a copy of which
18 is attached hereto as Attachment"2" and incorporated by this reference.
19 2 COMPENSATION AND EXPENSES.
20
a. For the services delineated above, the CITY, upon presentation of an invoice, shall
21
22 pay the VENDOR up to the amount of $238,600, for cold planing services as per
23 Attachment 2.
24 b. No other expenditures made by VENDOR shall be reimbursed by CITY.
25 3. TERM; TERMINATION.
26 The term of this agreement shall be from September 8, 2009 through June 30, 2010,
27
with four (4) one-year extensions at the City's option. Option year one, if exercised, shall be
28 Exhibit "A"
i
1 effective July 1, 2010 through June 30, 2011. Option year two, if exercised, shall be effective
2 July 1, 2011 through June 30, 2012. Option year three, if exercised, shall be effective July 1,
3 2012 through June 30, 2013. Option year four, if exercised, shall be effective July 1, 2013
4 through June 30, 2014.
5
This Agreement may be terminated at any time by thirty (30) days prior written notice
6
7 by either party. The terms of this Agreement shall remain in force unless amended by written
8 agreement of the parties executed on or before date of expiration of current term of the
9 agreement.
10 4. INDEMNITY.
11 Vendor agrees to and shall indemnify and hold the City, its elected officials, employees,
12
agents or representatives, free and harmless from all claims, actions, damages and liabilities of
13
14 any kind and nature arising from bodily injury, including death, or property damage, based or
15 asserted upon any or alleged act or omission of Vendor, its employees, agents, or
16 subcontractors, relating to or in any way connected with the accomplishment of the work or
17 performance of service under this Agreement, unless the bodily injury or property damage was
18 actually caused by the sole negligence of the City, its elected officials, employees, agents or
19 representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its
20
21 own expense, including attorney's fees the City, its elected officials, employees, agents or
22 representatives from any and all legal actions based upon such actual or alleged acts or
23 omissions. Vendor hereby waives any and all rights to any types of express or implied
24 indemnity against the City, its elected officials, employees, agents or representatives, with
25 respect to third party claims against the Vendor relating to or in any way connected with the
26 accomplishment of the work or performance of services under this Agreement.
27
28 Exhibit "A"
2
1 5. INSURANCE.
2 While not restricting or limiting the foregoing, during the term of this Agreement,
3 VENDOR shall maintain in effect policies of comprehensive public, general and automobile
4 liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory
5
worker's compensation coverage, and shall file copies of said policies with the CITY's Risk
6
7 Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an
8 additional named insured in each policy of insurance provided hereunder. The Certificate of
9 Insurance famished to the CITY shall require the insurer to notify CITY of any change or
10 termination in the policy. Insurer shall give CITY 30 days notice prior to enactment of any
11 change or termination of policy.
12
6. NON-DISCRIMINATION.
13
14 In the performance of this Agreement and in the hiring and recruitment of employees,
15 VENDOR shall not engage in, nor permit its officers, employees or agents to engage in,
16 discrimination in employment of persons because of their race, religion, color, national origin,
17 ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or
18 sexual orientation, or any other status protected by law.
19 INDEPENDENT CONTRACTOR.
20
21 VENDOR shall perform work tasks provided by this Agreement, but for all intents and
22 purposes VENDOR shall be an independent contractor and not an agent or employee of the
23 CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
24 Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
25 Compensation, and other payroll deductions for VENDOR and its officers, agents, and
26 employees, and all business licenses, if any are required, in connection with the services to be
27
performed hereunder.
28 Exhibit"A"
3
1 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
2 VENDOR warrants that it possesses or shall obtain, and maintain a business registration
3 certificate pursuant to Title 5 of the Municipal Code, and any other licenses, permits,
4 qualifications, insurance and approval of whatever nature that are legally required of VENDOR
5
to practice its business or profession at all times during the term of this Agreement.
6
7 NOTICES.
8 Any notices to be given pursuant to this Agreement shall be deposited with the United
9 States Postal Service, postage prepaid and addressed as follows:
10 TO THE CITY: Public Services Director
11 300 North"D" Street
San Bernardino, CA 92418
12 Telephone: (909) 384-5140
13 TO THE VENDOR: Pavement Recycling Systems, Incorporated
14 10240 San Sevaine Way
Mira Loma, CA 91752
15 Telephone: (951) 682-1091
Contact: Don Saute
16
9. ATTORNEYS' FEES.
17
18 In the event that litigation is brought by any party in connection with this Agreement,
19 the prevailing party shall be entitled to recover from the opposing party all costs and expenses,
20 including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of
21 its rights or remedies hereunder or the enforcement of any of the terms, conditions or
22 provisions hereof. The costs, salary and expenses of the City Attorney and members of his
23
office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys'
24
25 fees" for the purposes of this paragraph.
26
27
28 Exhibit "A"
4
1 10. ASSIGNMENT.
2 VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or
3 encumber all or any part of the VENDOR's interest in this Agreement without CITY'S prior
4 written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void
5
and shall constitute a breach of this Agreement and cause for the termination of this
6
7 Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR
8 of VENDOR's obligation to perform all other obligations to be performed by VENDOR
9 hereunder for the term of this Agreement.
10 11. VENUE.
11 The parties hereto agree that all actions or proceedings arising in connection with this
12
Agreement shall be tried and litigated either in the State courts located in the County of San
13
Bernardino, State of California or the U.S. District Court for the Central District of California,
14
15 Riverside Division. The aforementioned choice of venue is intended by the parties to be
16 mandatory and not permissive in nature.
17 12. GOVERNING LAW.
18 This Agreement shall be governed by the laws of the State of California.
19 13. SUCCESSORS AND ASSIGNS.
20
This Agreement shall be binding on and inure to the benefit of the parties to this
21
22 Agreement and their respective heirs, representatives, successors, and assigns.
23 14. HEADINGS.
24 The subject headings of the sections of this Agreement are included for the purposes of
25 convenience only and shall not affect the construction or the interpretation of any of its
26 provisions.
27
28 Exhibit "A"
5
1 15. SEVERABILITY.
2 If any provision of this Agreement is determined by a court of competent jurisdiction to
3 be invalid or unenforceable for any reason, such determination shall not affect the validity or
4 enforceability of the remaining terms and provisions hereof or of the offending provision in any
5
other circumstance, and the remaining provisions of this Agreement shall remain in full force
6
and effect.
7
8 16. ENTIRE AGREEMENT; MODIFICATION.
9 This Agreement constitutes the entire agreement and the understanding between the
10 parties, and supercedes any prior agreements and understandings relating to the subject manner
11 of this Agreement. This Agreement may be modified or amended only by a written instrument
12
executed by all parties to this Agreement.
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28 Exhibit "A"
6
1 VENDOR SERVICE AGREEMENT
PAVEMENT RECYCLING SYSTEMS, INCORPORATED
2
3 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and
4 date set forth below.
5
6 Dated: 12009 Pavement Recycling Systems, Incorporated
7 By:
8
9
Dated 2009 CITY OF SAN BERNARDINO
10
By:
11 Charles E. McNeely, City Manager
12 Approved as to Form:
13
By:
14 James F. Penman, City Attorney
15
16
17
18
19
20
21
22
23
24
25
26
27
28 Exhibit"A"
7
ATTACHMENT "2rr
Pavement Recycling Systems
10240 San Sevaine Way,Mira Loma, CA 91752
PH: (951)682-1091
FAX: (951) 682-1094
�Mep� www.pavementrecycling.com
94FMer4EEE eWREO
Pavement Recycling Systems, Inc
10240 San Sevaine Way
Mira Loma, CA 91752
Phone:951-682-1091
Fax: 951-682-1094
Established in 1989 as a California Corporation.
CA Contractors License #569352 Type: "A"
PRSI is an Employee Owned Company (ESOP) with approximately 150 employees.
Our main office is in Mira Loma. Additional offices are located in Lancaster, Bakersfield,
Fowler, San Diego, and Reno Nevada. Recycle Sites are located in Colton, Lancaster, and
Chula Vista
PRSI has over 70 machines for Pulverizing, Cold Planing, Cold Recycling, Slurry Seal,
and Stabilization. We completed over 2,400 milling projects in 2008. Our service is
outstanding, as is witnessed by your own Field Management.
San Diego:704 Rock Springs Road,Escondido,CA 92025•Phone:760.489.6888•Fax:760.489.0808
Palmdale/Lancaster 46205 N.Division Street,Lancaster,CA 93535•Phone 661.948.5599•Fax:661.948.5588
Bakersfield:2280 S.union,Bakersfield,CA 93307•Phone:661.833.2280•Fax:661.833.2288
Fresno:4692 E.Lincoln Avenue,Fowler,CA 93625•Phone:559.627.6788•Fax:559.627.9159
Reno/Carson Valley:68 Carry Way,Carson NV 89706•Phone:775.246.2500•Fax:775.246.2501
RFQ F-09-20
Cold Planing Services
City of San Bernardino
TECHNICAL SPECIFICATIONS
RFQ F-09-20
COLD PLANING SERVICES
NOTICE: "SPECIAL INSTRUCTIONS TO THE BIDDER"
The Public Services Department, Streets Division oversees cold planing
projects as part of the Capital Improvement Projects (CIP) of City streets.
The projects are selected segments of streets throughout the City. The
intent of this document is to receive unit pricing for cold planing services
based on a daily rate per piece of equipment. Two grinders will be used
each scheduled day for 8-hours per day for the planing of the asphalt.
The main section of the street will need a large planer from the 101-inch
to 48-inch and the 18-inch planer for manholes, ridges, water gate valves
and header cuts. The City wishes to solicit bids from highly trained and
qualified vendors with experience in providing cold planing services. The
City is looking for the most responsive and responsible vendor that will be
committed to provide cold planing 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
cold planing services for one year with possible annual extensions.
Services:
Bidder shall complete right-hand column indicating brief reasoning
for exceptions to requirements when not acceptable. State
"Acceptable" if requirements are agreeable as set forth in left-hand
column.
Whenever the terms "Standard Specifications" is used, it shall
mean the "Standard Specifications for Public Works Construction,
latest edition." In case of conflict between these specifications and
Standard Specifications, these specifications shall take precedence
over and be used in lieu of the Standard Specifications.
FAILURE TO COMPLETE RIGHT HAND COLUMN WILL INVALIDATE BID
CATEGORY ACCEPTAELE /AS :]
SPECIFIED
RfQ P-09-''0
Cold Planin_e Scn ices
1. SCOPE OF WORK
The Contractor will provide two (2) grinders, two (2)
operators and one (1) spotter/grade checker for
maintenance and repair operations.
The City of San Bernardino traditionally completes
several projects per year. For bidding purposes
and to better compare pricing, the specified
equipment used must be cost-out per day to
establish the unit cost. The unit price items 1-4
(below) will include the cost for the spotter/grade
checker. Item 5 (below) will only include the unit
cost for the equipment and operator. The
Contractor recognizes and agrees that this
agreement is for the purpose of establishing a
contractual relationship between the City of San
Bernardino and the Contractor for future road
improvements upon real and personal property of
the City of San Bernardino.
Please note: Mobilization must be included with the
daily rate.
RFQ F-09=20
Cold Planine Services
2. EQUIPMENT
The Contractor must supply the following items
(equipment):
1. An 86" to 101" 800 hp Cold Planing grinder with
one (1) operator and one (1) spotter/grade
checker.
2. An 84" to 86" 500 hp Cold Planing grinder with
one (1) operator and one (1) spotter/grade
checker.
3. A 60" to 72" 425 hp Cold Planing grinder with
one (1) operator and one (1) spotter/grade
checker. 1 I Ql
4. A 48" 330 hp Cold Planing grinder with one (1) A
operator.
5. An 18" mini Cold Planing grinder with one (1) �Ge�
operator for eight (8) hours per day.
The Contractor shall provide services on a unit cost
per day Rental price that includes all manpower, all
equipment, insurance and mobilization costs.
Please provide a pricing bid that is a fixed fee
(unit cost) based on 8 hours a day for all items
mentioned above.
Also include an hourly overtime rate for all work
that is completed after 8 hours for all items
listed above.
3. GREENBOOK STANDARDS
All work will comply with the current
"GREENBOOK" Standard Specifications for Public �I22
Works Construction and the City of San Bernardino P
Public Works Standards. �Q�
RBQ F-09-_0
Cold I'lanine SetA ice,
4. SOUND CONTROL REQUIREMENTS
Sound control shall comply with Chapter
8.54 of the City of San Bernardino Municipal
Code and the following provisions: The noise I�
level from the construction work, between b
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 [�C
related to the job. 1'
5. NATIONAL POLLUTANT DISCHARGE
ELIMINATION SYSTEM (NPDES)
REQUIREMENTS
All work shall comply with 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 r
discharge from the construction site, both
during construction and after construction
completion.
6. ADVANCE NOTICE
The Contractor will post temporary no �I�
parking signs 72 hours in advance before the n
project start date. t
7. PROJECT APPEARANCE
Work crews shall maintain a neat
appearance to the work. In any area visible
to the public, the following shall apply: When
practicable, broken asphalt, concrete and ` p�
other debris developed during clearing, a19
removal, and grubbing shall be disposed of �p
concurrently with its removal. If stockpiling is CC j
necessary, the material shall be removed or
disposed of weekly.
RFQ F-09-20
Cold Planine Smices
8. UTILITY REQUIREMENTS
It is the responsibility of the Contractor to
ensure notification has been provided to �(
Underground Service Alert (USA) at least 'pip
two working days in advance of construction
work involving excavation near or around any
utility substructures.
g. WORK HOURS
Work hours shall be confined to the hours
between 7:00 a.m. and 5:00 p.m. Monday
through Friday, unless approved otherwise
by the City Engineer or Public Services LG�
Director or his designee.
10. REFERENCE LIST
Provide three (3) local government agencies
and/or company's previous or current contact
references that support your ability to provide
Cold Planing Services as described in this n ��
bid. n
11. CONTRACT LENGTH
blv
The length of this contract shall be for one (1) year
with four (4) one-year extensions at the City's n CCQp
option. N 1
12. QUALIFICATION/LICENSES
The vendor represents that it, its employees and
subcontractors have all licenses, permits,
qualifications and approvals of whatever nature that
are legally required to perform the Services,
including a City Business License, and that such p,Q�
licenses and approvals shall be maintained P/
throughout the term of this Contract.
RF Q F-09-20
Cold i'Ianim__Services
113. SUBCONTRACTOR
Contractor must list all subcontractors used
for the duration of this contract. If a new
subcontractor is hired to provide services IL
during the contract, the contractor must
submit the name of the new subcontractor,
subcontractor's license, and insurance
information one-week prior to work n C�
performed.
14. CONTRACTOR NON-COMPLIANCE
A. If the Public Services Department Director or his
designee, determines that there are deficiencies
in the performance of this Agreement, the Public
Services Director, or his designee, will provide a
written notice to the vendor stating the
deficiencies and specifying a time frame to
correct the specified deficiencies. This time
frame shall be reasonable, as determined by the
Public Services Department Director, or his
designee, to correct the specified deficiencies.
B. Should the vendor fail to correct any deficiencies
within the stated time frame, the Public Services
Department Director, or designee, may exercise
the following measures:
1. Deduct from the vendor's payment the amount
necessary to correct the deficiency, including
City overhead costs and impose a deficiency
deduction.
2. Withhold the entire or partial payment.
3. Terminate the contract and award to second
bidder.
O
RFQ F-09=20
Cold Planing SerN ices
PRICE FORM
REQUEST FOR QUOTES: RFQ F-09-20
DESCRIPTION OF RFQ: Cold Planing Services
COMPANY NAME/ADDRESS: i S
0 S A r 0A, n2
M,' tA ( ot,,A� CA
NAME OF AUTHORIZED
REPRESENTATIVE
PRINT NAME ��o� SAn — ic✓ �s� i rva
gSl- 1o$ z- � 09 �
TELEPHONE NO.
951 - bSz - \v9 �/
FAX NO. / EMAIL
The Contractor Will Provide: Fixed Fee Overtime
For 8 Hrs` (after 8 Hrs)
1. An 86" to 101" 800 hp Cold Planing
grinder with one (1) operator and one (1) �59p= Co 95
spotter/ grade checker. t
2. An 84" to 86" 500 hp Cold Planing grinder '/
with one (1) operator and one (1) spotter/ �59.7C)
grade checker.
3. A 60" to 72" 425 hp Cold Planing grinder
with one (1) operator and one (1) spotter/ po'' �/ es
grade checker. S,6 Co DD
4. A 48" 330 hp Cold Planing grinder with
one (1) operator. �3, Vom {� 60
5. An 18" mini Cold Planing grinder with one
(1) operator for eight (8) hours per day. ® )} a°
TOTAL FIRM FIXED FEE:
' Must include all manpower,equipment, insurance,and mobilization costs.
i
RFQ F-09.20
Cold Planing Services
PRICE FORM (cont.)
ANNUAL PURCHASE ORDER
Effective on or about August 1, 2009 through June 30, 2010 plus four (4) single-year
renewal options, for City's requirements,
Option year one if exercised, shall be effective July 1, 2010 through June 30, 2011.
Option year two if exercised, shall be effective July 1, 2011 through June 30, 2012.
Option year three if exercised, shall be effective July 1, 2012 through June 30, 2013.
Option year four if exercised, shall be effective July 1, 2013 through June 30, 2014.
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.
Are there any other additional or incidental costs, which will be required by
' goP7 firm i rder to meet the requirements of the Technical Specifications?
oo (circle one). If you answered "Yes", please provide detail of
Id additional costs:
Please indicate any elements of the Technical Specifications that cannot be
met by your firm.
Have you included in your bid all informational items and forms as
requeste e / No (circle one). If you answered "No", please explain:
This offer shall remain firm for 90 days from RFQ close date.
Terms and conditions as set forth in this RFQ apply to this bid.
Cash discount allowable %A 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.
KFQ 1=-09-20
Cold Planins Srn ices
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:
AUTHORIZED SIGNATURE: c `
PRINT SIGNER'S NAME AND TITLE::. Jan le
DATE SIGNED: a Q
COMPANY NAME & ADDRESS: m1rp 1/0 •,Q-4 C44 Z-
PHONE: /9�1'la�Z—/�9/ FAX: 9 U9
EMAIL:
IF SUBMITTING A "NO BID", PLEASE STATE REASON(S) BELOW:
I VENDOR SERVICE AGREEMENT
2 This Vendor Service Agreement is entered into this 8th day of September 2009, by
3 and between Pavement Recycling Systems, Incorporated ("VENDOR") and the City of San
4 Bernardino ("CITY" or"San Bernardino").
5
WITNESSETH:
6
WHEREAS, the Mayor and Common Council has determined that it is advantageous
7
8 and in the best interest of the CITY to contract for cold planing, labor and equipment rental for
9 City street repairs; and
10 WHEREAS, the City of San Bernardino did solicit and accept bids from available
11 vendors for cold planing, labor and equipment rental for City street repairs per RFQ F-09-20;
12
and,
13
NOW, THEREFORE, the parties hereto agree as follows:
14
15 1. SCOPE OF SERVICES.
16 For the remuneration stipulated, San Bernardino hereby engages the services of
17 VENDOR to provide those products and services as set forth in RFQ F-09-20, a copy of which
18 is attached hereto as Attachment "2" and incorporated by this reference.
19 2 COMPENSATION AND EXPENSES.
20
a. For the services delineated above, the CITY, upon presentation of an invoice, shall
21
22 pay the VENDOR up to the amount of$238,600, for cold planing services as per
23 Attachment 2.
24 b. No other expenditures made by VENDOR shall be reimbursed by CITY.
25 3, TERM; TERMINATION.
26 The term of this agreement shall be from September 8, 2009 through June 30, 2010,
27
with four (4) one-year extensions at the City's option. Option year one, if exercised, shall be
28
1
1 effective July 1, 2010 through June 30, 2011. Option year two, if exercised, shall be effective
2 July 1, 2011 through June 30, 2012. Option year three, if exercised, shall be effective July 1,
3 2012 through June 30, 2013. Option year four, if exercised, shall be effective July 1, 2013
4 through June 30, 2014.
5
This Agreement may be terminated at any time by thirty (30) days prior written notice
6
by either party. The terms of this Agreement shall remain in force unless amended by written
7
8 agreement of the parties executed on or before date of expiration of current term of the
9 agreement.
10 4. INDEMNITY.
11 Vendor agrees to and shall indemnify and hold the City, its elected officials, employees,
12
agents or representatives, free and harmless from all claims, actions, damages and liabilities of
13
any kind and nature arising from bodily injury, including death, or property damage, based or
14
15 asserted upon any or alleged act or omission of Vendor, its employees, agents, or
16 subcontractors, relating to or in any way connected with the accomplishment of the work or
17 performance of service under this Agreement, unless the bodily injury or property damage was
18 actually caused by the sole negligence of the City, its elected officials, employees, agents or
19 representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its
20
own expense, including attorney's fees the City, its elected officials, employees, agents or
21
22 representatives from any and all legal actions based upon such actual or alleged acts or
23 omissions. Vendor hereby waives any and all rights to any types of express or implied
24 indemnity against the City, its elected officials, employees, agents or representatives, with
25 respect to third party claims against the Vendor relating to or in any way connected with the
26 accomplishment of the work or performance of services under this Agreement.
27
28
2
1 5. INSURANCE.
2 While not restricting or limiting the foregoing, during the term of this Agreement,
3 VENDOR shall maintain in effect policies of comprehensive public, general and automobile
4 liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory
5
worker's compensation coverage, and shall file copies of said policies with the CITY's Risk
6
7 Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an
8 additional named insured in each policy of insurance provided hereunder. The Certificate of
9 Insurance furnished to the CITY shall require the insurer to notify CITY of any change or
10 termination in the policy. Insurer shall give CITY 30 days notice prior to enactment of any
11 change or termination of policy.
12
6. NON-DISCRIMINATION.
13
In the performance of this Agreement and in the hiring and recruitment of employees,
14
15 VENDOR shall not engage in, nor permit its officers, employees or agents to engage in,
16 discrimination in employment of persons because of their race, religion, color, national origin,
17 ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or
18 sexual orientation, or any other status protected by law.
19 INDEPENDENT CONTRACTOR
20
VENDOR shall perform work tasks provided by this Agreement, but for all intents and
21
22 purposes VENDOR shall be an independent contractor and not an agent or employee of the
23 CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
24 Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
25 Compensation, and other payroll deductions for VENDOR and its officers, agents, and
26 employees, and all business licenses, if any are required, in connection with the services to be
27
performed hereunder.
28
3
1 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
2 VENDOR warrants that it possesses or shall obtain, and maintain a business registration
3 certificate pursuant to Title 5 of the Municipal Code, and any other licenses, permits,
4 qualifications, insurance and approval of whatever nature that are legally required of VENDOR
5
to practice its business or profession at all times during the term of this Agreement.
6
7 NOTICES.
8 Any notices to be given pursuant to this Agreement shall be deposited with the United
9 States Postal Service,postage prepaid and addressed as follows:
10 TO THE CITY: Public Services Director
300 North"D" Street
11 San Bernardino, CA 92418
12 Telephone: (909) 384-5140
13 TO THE VENDOR: Pavement Recycling Systems, Incorporated
10240 San Sevaine Way
14 Mira Loma, CA 91752
15 Telephone: (951) 682-1091
Contact: Don Sante
16
9. ATTORNEYS' FEES.
17
18 In the event that litigation is brought by any party in connection with this Agreement,
19 the prevailing party shall be entitled to recover from the opposing party all costs and expenses,
20 including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of
21 its rights or remedies hereunder or the enforcement of any of the terns, conditions or
22 provisions hereof. The costs, salary and expenses of the City Attorney and members of his
23
office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys'
24
25 fees" for the purposes of this paragraph.
26
27
28
4
1 10. ASSIGNMENT.
2 VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or
3 encumber all or any part of the VENDOR's interest in this Agreement without CTTY's prior
4 written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void
5
and shall constitute a breach of this Agreement and cause for the termination of this
6
Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR
7
8 of VENDOR's obligation to perform all other obligations to be performed by VENDOR
9 hereunder for the term of this Agreement.
10 11. VENUE.
11 The parties hereto agree that all actions or proceedings arising in connection with this
12 Agreement shall be tried and litigated either in the State courts located in the County of San
13
Berardino, State of California or the U.S. District Court for the Central District of California,
14
15 Riverside Division. The aforementioned choice of venue is intended by the parties to be
16 mandatory and not permissive in nature.
17 12. GOVERNING LAW.
18 This Agreement shall be goveraed by the laws of the State of California.
19 13. SUCCESSORS AND ASSIGNS.
20
This Agreement shall be binding on and inure to the benefit of the parties to this
21
22 Agreement and their respective heirs, representatives, successors, and assigns.
23 14. HEADINGS.
24 The subject headings of the sections of this Agreement are included for the purposes of
25 convenience only and shall not affect the construction or the interpretation of any of its
26 provisions.
27
28
5
1 15. SEVERABILITY.
2 If any provision of this Agreement is determined by a court of competent jurisdiction to
3 be invalid or unenforceable for any reason, such determination shall not affect the validity or
4 enforceability of the remaining terms and provisions hereof or of the offending provision in any
5
other circumstance, and the remaining provisions of this Agreement shall remain in full force
6
and effect.
7
8 16. ENTIRE AGREEMENT; MODIFICATION.
9 This Agreement constitutes the entire agreement and the understanding between the
10 parties, and supercedes any prior agreements and understandings relating to the subject manner
11 of this Agreement. This Agreement may be modified or amended only by a written instrument
12
executed by all parties to this Agreement.
13
14
15
16
17
18
19
20
21
22
23
24 ///
25
26
27
28
6
1 VENDOR SERVICE AGREEMENT
PAVEMENT RECYCLING SYSTEMS,INCORPORATED
2
3 IN WITNESS T�IEREOF, the parties hereto have executed this Agreement on the day and
4 date set forth below.
5
6 Dated: , 2009 Pavement Recycling Systems, Incorporated
7 By:
8
9
Dated 12009 CITY OF SAN BERNARDINO
10
By:
11 Charles E. McNeely, City Manager
12 Approved as to Form:
13
By: v ' / P�
14 Jam Penman, City Attorney
15
16
17
18
19
20
21
22
23
24
25
26
27
28
7
ATTACHMENT EEZEY
Pavement Recycling Systems
10240 San Sevaine Way,Mira Loma,CA 91752
PH: (951) 682-1091
FAX: (951) 682-1094
www.pavementrecycling.com
4y0YEE O00 G�Mf'+
Pavement Recycling Systems, Inc
10240 San Sevaine Way
Mira Loma, CA 91752
Phone:951-682-1091
Fax: 951-682-1094
Established in 1989 as a California Corporation.
CA Contractors License 4569352 Type: "A"
PRSI is an Employee Owned Company (ESOP) with approximately 150 employees.
Our main office is in Mira Loma. Additional offices are located in Lancaster, Bakersfield,
Fowler, San Diego, and Reno Nevada. Recycle Sites are located in Colton, Lancaster, and
Chula Vista.
PRSI has over 70 machines for Pulverizing, Cold Planing, Cold Recycling, Slurry Seal,
and Stabilization. We completed over 2,400 milling projects in 2008. Our service is
outstanding, as is witnessed by your own Field Management.
San Diego:704 Rock Springs Road,Escondido,CA 92025•Phone:760.489.6888•Fax:760.489.0808
Palmdale/Lancaster:46205 N.Division Street,Lancaster,CA 93535•Phone 661.948.5599•Fan:661.948.5588
Bakersfield:2280 S.Union,Bakersfield,CA 93307•Phone:661.833.2280•Fax:661.833.2288
Fresno:4692 E.Lincoln Avenue,Fowler,CA 93625•Phone:559.627.6788•Fax:559.627.9159
Reno/Carson Valley:68 Carry Way,Carson NV 89706•Phone:775.246.2500•Fax:775.246.2501
r
RFQ F-09-20
Cold Planine Services
City of San Bernardino
TECHNICAL SPECIFICATIONS
RFQ F-09-20
COLD PLANING SERVICES
NOTICE: "SPECIAL INSTRUCTIONS TO THE BIDDER"
The Public Services Department, Streets Division oversees cold planing
projects as part of the Capital Improvement Projects (CIP) of City streets.
The projects are selected segments of streets throughout the City. The
intent of this document is to receive unit pricing for cold planing services
based on a daily rate per piece of equipment. Two grinders will be used
each scheduled day for 8-hours per day for the planing of the asphalt.
The main section of the street will need a large planer from the 101-inch
to 48-inch and the 18-inch planer for manholes, ridges, water gate valves
and header cuts. The City wishes to solicit bids from highly trained and
qualified vendors with experience in providing cold planing services. The
City is looking for the most responsive and responsible vendor that will be
committed to provide cold planing 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
cold planing services for one year with possible annual extensions.
Services:
Bidder shall complete right-hand column indicating brief reasoning
for exceptions to requirements when not acceptable. State
"A(;ceptable" 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
CATEGORYI ACCEPTABLEIAS
SPECIFIED
RFQ
Cold I'lanin^_Sen ices
[The ORK
ll provide two (2) grinders, two (2)ne (1) spotter/grade checker for repair operations.
The City of San Bernardino traditional ly completes
several projects per year. For bidding purposes
and to better compare pricing, the specified
equipment used must be cost-out per day to
establish the unit cost. The unit price items 1-4
(below) will include the cost for the spotter/grade
checker. Item 5 (below) will only include the unit
cost for the equipment and operator. The
Contractor recognizes and agrees that this
agreement is for the purpose of establishing a
contractual relationship between the City of San
Bernardino and the Contractor for future road
improvements upon real and personal property of
the City of San Bernardino.
Please note: Mobilization must be included with the
daily rate.
Rho 1--())-20
Cold 11Inninn sen ices
2. EQUIPMENT
The Contractor must supply the following items
(equipment):
1. An 86" to 101" 800 hp Cold Planing grinder with
one (1) operator and one (1) spotter/grade
checker.
2. An 84" to 86" 500 hp Cold Planing grinder with
one (1) operator and one (1) spotter/grade
checker.
3. A 60" to 72" 425 hp Cold Planing grinder with
one (1) operator and one (1) spotter/grade
checker.
4. A 48" 330 hp Cold Planing grinder with one (1) P
operator. �Ge1
5. An 18" mini Cold Planing grinder with one (1)
operator for eight (8) hours per day.
The Contractor shall provide services on a unit cost
per day Rental price that includes all manpower, all
equipment, insurance and mobilization costs.
Please provide a pricing bid that is a fixed fee
(unit cost) based on 8 hours a day for all items
mentioned above.
Also include an hourly overtime rate for all work
that is completed after 8 hours for all items
listed above.
3. GREENBOOK STANDARDS
All work will comply with the current
"GREENBOOK" Standard Specifications for Public
Works Construction and the City of San Bernardino P
Public Works Standards. �Q�
to Q 1-09-]0
Cold Planinc Scn iccs
Fandmthe UND CONTROL REQUIREMENTS
control shall comply with Chapter
the City of San Bernardino Municipal
nd the following provisions: The noise I�
om the construction work, between urs of 9:00 p.m. and 6:00 a.m. shall
eed. 86dbA at the distance of 50 feet �G�
all apply to all equipment on the job or C to the job.ATIONAL POLLUTANT DISCHARGE
LIMINATION SYSTEM (NPDES)
REQUIREMENTS
All work shall comply with NPDES
requirements pursuant to the State Water 'pJ
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.
6. ADVANCE NOTICE
The Contractor will post temporary no b`f�
parking signs 72 hours in advance before the �n
project start date.
7. PROJECT APPEARANCE
Work crews shall maintain a neat
appearance to the work. In any area visible
to the public, the following shall apply: When 1
practicable, broken asphalt, concrete and \ pi
other debris developed during clearing, aVj
removal, and grubbing shall be disposed of p
concurrently with its removal. If stockpiling is
necessary, the material shall be removed or r}�
disposed of weekly.
RT p I -09-'_0
Cold Planing Sen ices
F TY REQUIREMENTS
esponsibility of the Contractor to
tification has been provided to nd Service Alert (USA) at least g days in advance of construction ving excavation near or around any uy sustructures.
9. WORK HOURS
Work hours shall be confined to the hours
between 7:00 a.m. and 5:00 p.m. Monday p
through Friday, unless approved otherwise
by the City Engineer or Public Services
Director or his designee.
10. REFERENCE LIST
Provide three (3) local government agencies
and/or company's previous or current contact
references that support your ability to provide Cen f)
Cold Planing Services as described in this n "�
bid.
11. CONTRACT LENGTH 1
The length of this contract shall be for one (1) year
with four (4) one-year extensions at the City's
option. {1,�
12. QUALIFICATION/LICENSES
The vendor represents that it, its employees and
subcontractors have all licenses, permits,
qualifications and approvals of whatever nature that
are legally required to perform the Services, ^
including a City Business License, and that such
licenses and approvals shall be maintained (I
throughout the term of this Contract.
Ki Q F-09-20
Cold Planinc services
13. SUBCONTRACTOR
Contractor must list all subcontractors used
for the duration of this contract. If a new
subcontractor is hired to provide services �1L
during the contract, the contractor must
submit the name of the new subcontractor,
subcontractor's license, and insurance
information one-week prior to work
performed.
14. CONTRACTOR NON-COMPLIANCE
A. If the Public Services Department Director or his
designee, determines that there are deficiencies
in the performance of this Agreement, the Public 1
Services Director, or his designee, will provide a
written notice to the vendor stating the
deficiencies and specifying a time frame to n
correct the specified deficiencies. This time p PX1
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
Department Director, or designee, may exercise
the following measures:
1. Deduct from the vendor's payment the amount
necessary to correct the deficiency, including
City overhead costs and impose a deficiency
deduction.
2. Withhold the entire or partial payment.
3. Terminate the contract and award to second
bidder.
RFQ F-09-'0
cold Planine lien ices
PRICE FORM
REQUEST FOR QUOTES: RFQ F-09-20
DESCRIPTION OF RFQ: Cold Planing Services
COMPANY NAME/ADDRESS: C-
0 S a 6 A n
P10/to o t+�A (A4
NAME OF AUTHORIZED
REPRESENTATIVE 1
PRINT NAME �1�0� Sgn�t — SQ.�tc✓ ���� w.ar
°ISI- logz- to9t
TELEPHONE NO.
9s1 - bSZ - kv9 `�
FAX NO. / EMAIL
The Contractor Will Provide: Fixed Fee Overtime
For 8 Hrs (after 8 Hrs)
1. An 86" to 101" 800 hp Cold Planing
grinder with one (1) operator and one (1) ��590-' *(e 9S '
spotter/grade checker.
2. An 84" to 86" 500 hp Cold Planing grinder s
with one (1) operator and one (1) spotter/ �S9go�— 6 40
grade checker. .
3. A 60" to 72" 425 hp Cold Planing grinder
with one (1) operator and one (1) spotter/ �5 6oppO �DO'6
grade checker.
4. A 48" 330 hp Cold Planing grinder with
one (1) operator. 4
3,
5. An 18" mini Cold Planing grinder with one
(1) operator for eight (8) hours per day. IZ ZSb'
TOTAL FIRM FIXED FEE: $ 2qX-010
�/ • Must include all manpower,equipment, insurance,and mobilization costs.
RFQ F-09-20
Cold Planine Services
PRICE FORM (cont.)
ANNUALPURCHASEORDER
Effective on or about August 1, 2009 through June 30, 2010 plus four (4) single-year
renewal options, for City's requirements,
Option year one if exercised, shall be effective July 1, 2010 through June 30, 2011.
Option year two if exercised, shall be effective July 1, 2011 through June 30, 2012.
Option year three if exercised, shall be effective July 1, 2012 through June 30, 2013.
Option year four if exercised, shall be effective July 1, 2013 through June 30, 2014.
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.
Are there any other additional or incidental costs, which will be required by
your firm inorder to meet the requirements of the Technical Specifications?
'sue (circle one). If you answered "Yes", please provide detail of
ld additional costs:
Please indicate any elements of the Technical Specifications that cannot be
met by your firm.
Have you inc ded in your bid all informational items and forms as
requeste e / No (circle one). If you answered "No", please explain:
This offer shall remain firm for 90 days from RFQ close date.
Terms and conditions as set forth in this RFQ apply to this bid.
Cash discount allowable % ( I 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.
RFQ
Cold Plinine Sen ices
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:
AUTHORIZED SIGNATURE:
PRINT SIGNER'S NAME AND TITLE--�— h San 4e
DATE SIGNED: 1--:�If-0 Q
COMPANY NAME & ADDRESS: 1"W 6 6+4
PHONE: FAX: 9 &PZ—/U4 7
EMAIL em�.+�G�G`ns. C-6—.
IF SUBMITTING A "NO BID", PLEASE STATE REASON(S) BELOW: