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HomeMy WebLinkAbout08.D- Public Works .8.D RESOLUTION (ID# 1906) DOC ID: 1906 C �-- CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Agreement/Contract From: Jim Smith M/CC Meeting Date: 08/20/2012 Prepared by: Linda Dortch, (909) 384-5140 Dept: Public Works Ward(s): All Subject: Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution an Agreement and Issuance of a Purchase Order in the Amount of$200,000 with Two One-Year Extensions, at the City's Option, to TSR Construction and Inspection for the Repair of Sidewalks, Curbs, Gutters, and Cross Gutters. (At Meeting of August 6, 2012, Item Continued to August 20, 2012.) Financial Impact: Requested Budget Amount for FY 12/13: $200,000 Account No. 001-400-0088-5505 Account Description: Professional/Contractual Services Balance after approval of this item: $0 The Operation and Maintenance Division's budget will be adjusted accordingly once the FY 12/13 budget is approved by Mayor and Common Council. Please note this balance does not indicate available funding. It does not include non-encumbered reoccurring expenses or expenses incurred, but not yet processed. Motion: Adopt Resolution. Synopsis of Previous Council Action: August 18, 2008 - Resolution 2008-334 - The Mayor and Common Council of the City of San Bernardino authorized the execution of an Agreement and issuance of a Purchase Order in the amount of$100,000 with three (3) one-year extensions at the City's option between the City of San Bernardino and Guzman Construction Company for the repair of sidewalk, curbs, gutters, and cross gutters,per RFQ F-08-26. Background: The City of San Bernardino Public Works Department, Operations &Maintenance Division is responsible for maintaining sidewalks, curbs, gutters, and cross gutters throughout the City. As part of the Division's on going sidewalk, curb, gutter, and cross gutter maintenance program, the Division has budgeted for the repairs of these items. Damaged concrete improvements are found in every ward and this contract will be directed at making repairs in all wards. On May 9, 2012, a formal bid process was initiated to solicit bids for Concrete Maintenance Services. Notices of bids were mailed to nine(9)vendors, the Chamber of Commerce, and posted on the City's web page. Three(3)vendors submitted bids per RFP F-12-18. The bid documents requested pricing for typical concrete work, but did not guarantee a total amount of �.-- work. 1906 Gas Tax funds would be transferred to complete the work directed by council. The vendor,business location, and price are listed below. Vendor Location Bid TSR Construction & Inspection Rancho Cucamonga, CA $131,544 Victor Concrete Riverside, CA $208,062 Hardy& Harper, Inc. Santa Ana, CA $223,992 TSR Construction& Inspection submitted the lowest qualified bid. Staff recommends an award to TSR Construction& Inspection of Rancho Cucamonga, CA in the amount of$131,544. Further, staff recommends that the Mayor and Common Council authorize the execution of an agreement and purchase order in an amount not to exceed $200,000 for the repair of additional sidewalks, curbs, gutters, and cross gutters. The contract will be for the labor, concrete materials, and equipment associated with these repairs. The purchase order amount is an extension of unit pricing. City Attorney Review: Supporting Documents: Resolution (PDF) Attachment 1, Bid Packet (PDF) Vendor Service Agreement (PDF) Bid Summary (PDF) C C 8.D.a 1 RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT 3 AND ISSUANCE OF A PURCHASE ORDER WITH TSR CONSTRUCTION AND 4 INSPECTION FOR THE REPAIR OF SIDEWALKS, CURBS, GUTTERS, AND CROSS GUTTERS. 5 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON 6 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 7 8 SECTION 1. TSR Construction and Inspection, 8264 Avenida Leon, Rancho U) 9 Cucamonga, CA 91730, submitted the lowest bid for the repair of sidewalks, curbs, gutters, A 10 and cross gutters per RFP F-12-18. 11 � SECTION 2. The City Manager is hereby authorized and directed to execute a 12 Vendor Service Agreement with TSR Construction & Inspection, a copy of which is attached 0 13 14 hereto marked Exhibit A and incorporated herein by reference. 15 SECTION 3. Pursuant to this determination the Director of Finance or his designee is M c 0 16 hereby authorized to issue an annual Purchase Order to TSR Construction and Inspection in A 17 the amount of$200,000 with two (2) one-year extensions at the City's option. c 18 SECTION 4. The Purchase Order shall reference this Resolution and shall read, o 19 20 "TSR Construction and Inspection for the repair of sidewalks, curbs, gutters, and cross c d 21 gutters, not to exceed $200,000" and shall incorporate the terms and conditions of this r v m 22 Resolution and Agreement. 23 SECTION 5. The authorization to execute the above referenced Purchase Order and 24 25 Agreement is rescinded if not issued within sixty (60) days of the passage of this Resolution. 26 27 /// 28 8.D.a 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT 2 AND ISSUANCE OF A PURCHASE ORDER WITH TSR CONSTRUCTION AND INSPECTION FOR THE REPAIR OF SIDEWALKS, CURBS, GUTTERS, AND 3 CROSS GUTTERS. 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 5 6 Common Council of the City of San Bernardino at a meeting 7 thereof, held on the_day of 2012, by the following vote, to wit: v 8 Council Members: AYES NAYS ABSTAIN ABSENT 0 9 ' MARQUEZ ° c m 10 d JENKINS 11 VALDIVIA °= 12 c 13 SHORETT c0 �o 14 KELLEY 15 JOHNSON M C 16 MCCAMMACK >> 17 C 18 ° 19 Georgeann Hanna, City Clerk d o: 20 The foregoing resolution is hereby approved this day of 2012. c d 21 r U 16 22 a Patrick J. Morris, Mayor 23 City of San Bernardino 24 Approved as to form: 25 JAMES F. PENMAN, City Attorney 26 By 27 28 PackeVPg.410 RN'F-12-18 Concrete Maim Svcs PRIG FORM REQUEST FOR QUOTES: CITY (2 r 5 H A/ be"iQq/Iq,{ I)W O DESCRIPTION OF RFP: C'ON(,PFTff H/fiyE- 5rk ilicf5 COMPANY NAME: T_5R C1QA1!5UVCn19A1 AA/oO I&SP,tCTrDA/ ADDRESS: 176 !v '611CA//A & l-it-pp/ m U (n d U C C PRINT c NAME OF AUTHORIZED REPRESENTATIVE ��88lG L � AA#V 1 XrAA1 d U C O Provide pricing that is a firm fixed fee. This must include all labor, traffic control L) materials, steel plating, tools, equipment, and supplies associated with concrete o maintenance services. Failure to include may invalidate your proposal. -- V Concrete Maintenance Services Cost 4" Sidewalk R&R 8,000 sq. >` (L DOD ft. m 400 Ln Curb on Type A, R&R 6" Curb & Gutter, 18" R&R 400 Ln ft. ----- - — ---- t 1 2, 00 6" Curb & Gutter, 24" R&R 400 Ln ft. 2� 8" Curb & Gutter, 18" R&R — 400 Ln ft. 8" Curb & Gutter, 24" R&R 400 Ln ft. 1 Sod C/ 3' Cross Gutter R&R 800 sq. ft. 3 , 00 0 4' Cross Gutter R&R _ - 800 sq. ft. f 0 N 0 D a 3' Cross Gutter R&R with #4 Rebar on 1' Center 250 Ln ft. 4' Cross Gutter R&R with #4 Rebar on 1' Center 250 Ln ft. p p Spandrel R&R 500 sq. ft. y 0 (J ]7 411 i'FP F-12-18 Concrete M.:int Svcs Residential Approach 300 sq. ft. y o eq Commercial Approach 300 sq. ft. Woa ?.,I Curb Ramp 500 sq. ft. 5 00 p TOTAL: $ oe7eq ANNUAL PURCHASE ORDER Effective July 1, 2012 through June 30, 2013 with two (2) one-year renewals, at the City's d option, on an as-needed basis. Option years shall become effective only upon issuance by 2 the City of a duly authorized Purchase Order. rn d Option year one, if exercised, shall be effective July 1, 2013 through June 30, 2014. Option year two, if exercised, shall be effective July 1, 2014 through June 30, 2015. E Are there any other additional or incidental costs that will be required by your firm in order to meet the requirements of the Proposal Specifications? Yes / ( 0 (circle one). If you answered "Yes", please provide detail of said additional costs: `o U m 0 m V d Please indicate any elements of the Proposal Specifications that cannot be met by yourfirm. A/�A a ca t= Have you included in your proposal all informational items and forms as requested? E Fe's / No . (circle one), If you answered "No", please explain: cc a V C Qt -- E L This offer shall remain firm for 90 days from RFP close date. a Terms and conditions as set forth in this RFP apply to this proposal. Cash discount allowable 0 % days; unless otherwise stated, payment terms are: Net thirty (30) days. 18 Packet Pg.412 RF-r F•-tz-is - Conw'ate Maint Svcs In signing this proposal, Offeror(s) warrants that all certifications and documents requested herein are attached and properly completed and signed. From time to time, the City may issue one or more addenda to this RFP. Below, please indicate all Addenda to this RFP received by your firm, and the date said Addenda was/were received. Verification of Addenda Received Addenda No: Received on: Z 0 Addenda No: Received on: it Addenda No: Received on: to a) v to FIRM NAME: r5 R Ce)A14'fJP0f r11)A1 _.I�tLSP• ADDRESS: 976q Aj1rA111)A4 4'FeAl d RAA1e'H0 r. urAMO�[CAf rA �i �D 0 Phone: 4yog 5y _ U 0 0 Email: d Fax: 109' yg,rt ;1519, _ 0. Authorized Signature: m Print Name: (;A13c?1�G AjD/kr,9Al E Title: P k r6l&541 r a IF SUBMITTING A "NO PROPOSAL", PLEASE STATE REASON (S) BELOW: E U W w Q 19 Packet,Pg.413 0 ttrr F-t2-ta Concmt.Maint Svcs SUBCONTRACTOR'S LIST As required by California State Law, the General Contractor bidding will hereinafter state the subcontractor who will be the subcontractor on the job for each particular trade or subdivision of the work in an amount in excess of one-half of one percent of the General Contractor's total bid and will state the firm name and principal location of the mill, shop, or office of each. If a General Contractor fails to specify a subcontractor, or if he specifies more than one subcontractor for the same portion of work to be performed under the contract in excess of one-half of one percent, he agrees that he is fully qualified to perform that portion himself and that he shall perform that portion himself. d d DIVISION OF NAME OF FIRM OR LOCATION m WORK OR CONTRACTOR CITY d TRADE r _ N rn d Y _ O m Print Name Signature of"Bidder d E r U W Company Name: Ce)iVSr&t1c-tiDA1 #A1,0 INsP�Cr/!lN a Address: `}326 q i c O.t! RAN~ C�C.4d/O.f�GfJ, r.4 9'115 c � E U r REJECTION OF BIDS Q The undersigned agrees that the City of San Bernardino reserves the right to reject any or all bids, and reserves the right to waive informalities in a bid or bids not affected by law, if to do seems to best serve the public interest. 20 PatUiPg.414 RIT F-12-1S Cencrcte'Faint Svcs NON - COLLUSION AFFIDAVIT TO: THE COMMON COUNCIL, CITY OF SAN BERNARDINO In accordance with Title 23, United States Code, Section 112, the undersigned hereby states, under penalty of perjury: That he/she has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken action in restraint of free competitive y bidding in connection with RFP F-12-18. d rn d U Business Name 7-5R CDA10YINICNIAl 6A1,0 1Af15AFC7-10A/ 20 d V Business Address X.76 U A!/e-A// L�QJt/� A 9A/CffCJ Cae- f�1 � d Signature of bidder X v C 0 U f�RNGt/0 GUCffM(I.t/�� �; Place of Residence o d Subscribed and sworn before me this 1-91W day of 20 /- o Notary Public in and for the County of 2?-aw)�4 State of California. m My commission expires /U 20_ l� E Y Q C d I_ t U i P. UMAII +" xorrARYPUx'JCrCAtftRV hirSnx 8FhH;jgx0 CWNtY 21 Packet fg.X49'5 State Of California CONTRACTORS STATE LICENSE BOARD cnvunar ACTIVE LICENSE Attairt y 881123 w CORP v T S R CONSTRUCTION AND INSPECTIONS in m U c B A c c 01/31/2014 www.cslb.ca.gov umam m v c 0 U m 0 m d Y V t4 a a m c m E r U A c m E L U R Q '� �eea a • on a� • e- !/A w.o Jr-ao✓oa..a a a uo aerva Cr by ,- ( 10/3/2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. T CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLIC "FLOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORI2 PRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. .PORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to I certificate holder in lieu of such endorsemeni(s). PRODUCER CO AC DuBois Insurance Agency, Inc. NAME: Gordon Scott 560 North D Street Suite 200 PHONE _ (909)384-8308 FAX 909)388-14 EMAIL gordon.dduboisl @farmersagency.com San Bernardino, Ca. 92401 ADDRESS;___-,___- ......--- INSURERIS)AFFORDING COVERAGE NAICA _ INSURERA:Commerce West Insurance CO. INSURED TSR Construction and Inspections INSURER a:Tower Select Insurance Company Gabriel Zapirtan INSURER C _ 8264 Avenida Leon INSURERD: a Rancho Cucamonga, CA 91730 INSURER E: (D INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: m THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERT N INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH TI- - O CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBD HEREIN IS SUBJECT TO ALL THE 'iERA t= EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, A NSR TYPE OF INSURANCE A E POLICYEFF POLICY EI(P y LTR R POLICY NUMBER MM/DD/YVV MM/DDJYYY LIMITS C GF.NEppf.LIABILITY EACH OCCURRENCE $1,000,000 'A B _ COMMERCIAL GENERAL LIABILIIV A AGE CG1BD00953-10 o/oT/2o11 o/oT/zolz rREMISES o wrenee 1,000,000 CLAIMS-MADE OCCUR MED EXP(Any�arson) _ $5,000 PERSONAL&ADV INJURY $110001000 GENERAL.AGGREGATE $2,000,000 C _. O HPOUCY L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OPAGG $2,000,000 V PRO- LOC S CO UTOMOBUE LIABILITY `aa MILLI I - 1,000,000_ °m ANY AUTO CVA4001711 /21/2012 /21/2013 BODILY INJURY(Per Person) S �. ALL nOSNED AUTOBULEO BODILY INJURY(Per acadom) $ y NON-OWNED PHOPERTYDAMAGE Y HIRED AUTOS __ AUTOS Per 'dpa!L__�__._ $ V $ a UMBRELLA UAe OCCUR EACHOCCURRENCE Is a EXCESS LIAR CLAIMS-MADE AGGREGATE $ —_-- _-- m DED RETENTION ; WORKERS COMPENSATION WCSTATU OTI1- C AND EMPLOYERS'LIABILRY YIN "'-' 1 4) ANY PROPRIETORPARTNER/EXECUTIVE E.L,EACH ACCIDENT $ __ L OFFICENMEMBEREXCLUDCDY n N/A (Mandatory in NH) EL DISEASE EA EMPLOYEE $ O Dyes describe under --- ID DESGr RIPTIOV OF OPERATIONS below E.L.DISEASE POLICY LIMIT $ Q V C CD E DESCRIPTION OF OPERATIONS/LOCATIONS r VEHICLES(Allach ACORD 101,Additional Remarks Scheewe,II more space is required) _ V A Q 3ERTIFICATE HOLDER CANCELLATION TSR Construction and Inspections SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 8264 Avenida Leon THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Rancho Cucamonga, CA. 91730 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE orlon Scott ©1988.2010 ACORD CORPORATION. All rights reserved. San Bernar Ino SM W May 23, 2012 4) d ADDENDUM #1 TO ` Request for Quotation (RFQ) F-12-18 :' Concrete Maintenance Services R d Notice is hereby given that the following changes, additions, deletions, or clarifications v are incorporated as an Addendum to the Request for Quotation (RFQ) F-12-18. 0 U 1. is there a current contract or a previous contract for this work? If so, what was o the value of that contract, and were the quantities the same as the current offering? ANWSER: there was a previous contract the value was $100,000. Y The quantities have been decreased to meet the new budget. a a 2. Is a B license acceptable for this contract? ANSWER: an A license or a C-8 m specialty license, d E s 0 M Sincerely, a Deborah R. Morrow, C.P.M., MPA Purchasing Division s RrP r-12-18 Concrctc Maint Svcs City of San Bernardino, Finance Department Purchasing Division RFP F-12-18 Concrete Maintenance Services Contract Bid Documents to Be Returned [ (� References !J/ Completed Technical Specifications—right-hand column (City Form) Z Signed Price Form (City Form) m One (1) signed original of Proposal in a SEALED ENVELOPE c One (1) copy of signed Proposal in a SEALED ENVELOPE c Authorized Binding Signature(s) d M ILl Verifications of Addenda Received (City Form) 'vF°rms a (�1/ IV Fens V Listing of Proposed Subcontractor, if applicable (City Form) 5," Listing of Proposed Subcontractor, if applicable (City Form) cc o m Affidavit of Non-Collusion (� 90 Day Minimum Proposal Validity Statement 10Aamu°naiRegOo-ainonts,w General spac can°nsaa Insurance Certificates :2 cc a m Copy of Contractor License or other appropriate licenses, permits, qualifications and y approvals that are legally required to provide services, and that such licenses and d approvals shall be maintained throughout the term of this Contract. tt.Tech specs a E VI General Specifications N3$ U 16 w Q r Offeror(s) are requested to submit this checklist completed with all bid documents This list may not E be inclusive of all documents needed to submit your RFP. Please refer to s entire packet for additional documents.m Q Rc rate ✓ct's ,, covurY tVF 5AA/ BE�eu,�,vDiao �c�vrov�so,v �oy38 soda Q (,TV op: cocraAl /NrrAo H"'S"'YOV Syr 26 ZY 7� c rrY OF H16H1,9&h /errB iffOO(CF--YOY Y80 17 55- Zvj crry or op"" /cu 3 -qoy 197%96 / ctry 0 Cok0Al$ / SteI/F c # r -6,C)A 9Y Y5 3 c1 35S Packet Pg.419 Rt+P Concrete Maint Svcs FAILURE TO COMPLETE RIGHT HAND COLUMN WILL INVALIDATE BID CATEGORY I ACCEPTABLE/ AS SPECIFIED 1. TRAFFIC CONTROL Attention is directed to Section 7-10, "Public Convenience and /� C(tc®T�tQCF Safety" of the Standard Specifications for Public Works Construction, latest edition and these special provisions. N Warning signs, lights, and devices for use in performance of work on Highways shall conform to the "Manual of Traffic d Control," 2000 Edition, and the "Work Area Traffic Control Handbook," 2000 Edition, adopted by the City of San Bernardino. C The VENDOR shall so conduct the operation as to offer the least c possible obstruction and inconvenience to the public. Convenient access to abutting properties shall be maintained at whenever possible. VENDOR shall maintain a minimum of one traffic lane in each direction at all times. All excavations opened `o during any day will be paved back to a safe condition by the end of the same day. o rn All work sites shall be marked and called in to Underground Service Alert three (3) days prior to work starting as per State of California. If a conflict exists, VENDOR must notify the City prior cc to digging or removals of the site. Notification can be by phone :o and followed up with a written notification. i5 All places of business and residences along the street(s) that are E within the limits of work shall be notified in writing at least five (5) days prior to commencement of work. This notification shall r explain the sequence of work and indicate any restrictions of a access. Verbal notification shall be given to all places of businesses and residences at least 18 hours in advance of E L cing work that will affect access to and from properties. pensation for furnishing labor, materials, equipment, and als for all traffic control will be considered as being in various items of work and no additional sation will be allowed. I1 0 ttrr'r-tz-�s Concrete Maint Svcs CLEARING GRUBBING REMOVALS RELOCATIONS AND SITE MAINTENANCE The work covered by this section shall include removal and I isposal of concrete or AC, removed vegetation, tree roots, r cprA a C p' trash, and other objectionable material from the project; saw cutting, and demolition. AC adjacent to curb or gutter shall be removed to V from face per City Standard. AC patch back will be done by City forces. Protection and maintenance of existing improvements, including utilities, within the right-of-way which are to remain in place; and maintenance of the site in a neat and s orderly condition throughout the construction period. U) d 3. REMOVAL OF EXISTING IMPROVEMENTS R c Existing surface improvements shall be removed within the limits c indicated on the plans, or as fisted on the project order list and as marked in the field. The limits of removal shall be saw cut d and the remaining edges of existing improvements shall be neat and sound to the satisfaction of the Director of Public Works or c his designee. CD If the edge of any existing improvement to be joined with new work is damaged by the VENDOR'S operations, the existing w shall be again saw cut parallel to the original cut and such additional portion removed and replaced at the VENDOR'S a expense. 'm Existing asphalt concrete, concrete sidewalk, driveway approaches, curb, and gutter or other improvements shall be completely removed. All material removed shall become the r property of the VENDOR and shall be disposed at an w appropriately permitted recycling site. Copies of the weight a ticket(s) shall be submitted to the City for recycled materials. c d E VENDOR must comply with NPDES regulations during construction. Y a 4. DISPOSAL OF MATERIAL REMOVED prc�pTA�3t� All material removed in clearing and site maintenance operations, includin tem ora asphalt_ paving removal as 12 Patk�f Pg �2 ; i2F1'P'•12-IS Concrete Mxint Svcs specified herein, shall become the property of the VENDOR until it is disposed of at an approved recycling center. Copies of the weight ticket(s) shall be submitted to the City for recycled materials. 5. REMOVAL OF TRASH AND OTHER OBJECTIONAL MATERIAL ACl�riar67 Fi c�' All trash, roots, and organic material within six inches of the LO finished surface shall be removed. In addition, any trash or organic material, including roots, encountered in demolition of any work performed shall be removed. d U) d 6. SITE MAINTENANCE c R C Throughout the period of construction, the VENDOR shall 4) maintain the site of the work in a safe, neat, and orderly condition free of any hazardous conditions, trash, debris, surplus d materials, and objectionable matter of any kind, all to the o satisfaction of the Public Works Director or his designee. `o �Cap ro15tr � Throughout the period of construction, the VENDOR shall o control dust in accordance with the requirements of the City of San Bernardino, and as specified in the Standard Specifications. Dust shall be controlled continually during construction operations by watering and by such other means, and at such a time as may be required by the City. p m During the course of construction, the VENDOR shall protect all existing improvements, including underground utilities, which are to remain in place within and adjacent to the right-of-way from u damage resulting from the operation. _ a 7. GRADING~ c d E The VENDOR shall grade as required, provide all unclassified 0 excavating and unclassified fill necessary for curbs, gutter, A((rP7-t98 Gp a driveway, sidewalk, and paving, as indicated on the plans and described in these special provisions. The VENDOR shall remove excess and/or unsuitable materials from the site. If unclassified fill and grading is necessary in preparation for laying concrete, it shall be made with clean earth which will be 13 Packet Pg.422 R'F P F-12-1 S Concrete Maim Svcs compacted to 95% relative compaction to avoid future settlement. 8. COMPACTION OF SUBGRADE Subgrade shall be scarified, watered, and compacted as g«"r� 6Ge necessary to obtain 95% relative compaction. 9. CONCRETE MATERIALS N Concrete materials shall be 3250 PSI and in accordance with the Standard Specifications for Public Works Construction, latest d edition, and the City Standards. The following City Standards rn are made part of these specifications: A ((60rAb c f' C Std No. 200—Typical Section —P.C.C. Curb & Gutter Std No. 201 —Cross Gutter R Std No. 202 —Sidewalk Location Std No. 203 — Residential Driveway Approach Std No. 204 —Commercial Driveway Approach c Std No. 205 —Curb Ramp ci 10. PRICING o Pricing shall include all traffic control, materials, steel plating, A((EPTA66F' equipment, and labor costs to complete the project(s). a 11. LABOR RATES Prevailing wage must be paid for the term of this contract, ACC PrA1Pil rt d Prevailing wage reports must accompany all invoices. .o 12. REFERENCE LIST a C Provide three (3) local government agencies and/or company's A((FW7,A8 r s previous or current contact references that support your ability to provide generator maintenance services. a 13. CONTRACT LENGTH -The length of this contract shall be for one 1 �((�PIABC 9 ( ) year with two (2) one-year extensions at the City's option. O 14 a; Eacl�� 3 RFP F-12.18 Concrete Maint Svcs r14. LICENSES VENDOR represents that it has all licenses including a actor license, permits, qualifications and approvals ofver nature that are legally required to provide concrete maintenance services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Contract. w 15. WARRANTY u it �ICC�adrA6tE m The work shall be warranted for 1 year. U C R 16. CONTRACTOR NON-COMPLIANCE � c A. If the Public Works Department Director, or his designee, determines that there are deficiencies in the performance of this Agreement, the Public Works Department Director, or his �[Ci"t�YA 8 etc designee, will provide a written notice to the VENDOR stating `o the deficiencies and specifying a time frame to correct the U. specified deficiencies. This time frame shall be reasonable, o as determined by the Public Works Department Director, or his designee, to correct the specified deficiencies. Y B. Should the VENDOR fail to correct any deficiencies within the a stated time frame, the Public Works Department Director, or m his designee, may exercise the following measures: 1. Impose a deficiency deduction and deduct from the £ VENDOR'S payment the amount necessary to correct the deficiency, including City overhead costs. a 2. Withhold the entire or partial payment. E 3. Terminate the contract and award to second bidder. - a 15 B.D.c Exhibit A VENDOR SERVICE AGREEMENT This Vendor Service Agreement is entered into 2012, by and between TSR Construction and Inspection ("Vendor") and the City of San Bernardino ("City„). WITNESSETH: d U WHEREAS, the Mayor and Common Council has determined that it is advantageous y d u and in the best interest of the City to repair City sidewalks, curbs, gutters, and cross gutters; d and .R WHEREAS, the City solicited bids pursuant to RFP F-12-18 from available vendors 0 0 for such repair of sidewalks, curbs, gutters, and cross gutters; and ci <o NOW, THEREFORE, the parties hereto agree as follows: 1. SCOPE OF SERVICES. 0 For the remuneration stipulated, City hereby engages the services of Vendor to provide those materials and services as set forth in RFP F-12-18, a copy of which is on file in the d E Public Works Department, and as set forth in the Vendor's Bid Packet, a copy of which is attached hereto as Attachment"1" and incorporated herein. v 2. COMPENSATION AND EXPENSES. 0 a a. For the materials and services delineated above, the City, upon the presentation of d monthly invoices, shall pay the Vendor up to the total amount of$200,000 for the E r repair of sidewalks, curbs, gutters, and cross gutters per RFP F-12-18. w b. No other expenditures made by Vendor shall be reimbursed by City. 3. TERM; TERMINATION. The term of this agreement shall be from August 6, 2012 through June 30, 2013, with two (2) one-year extensions at the City's option on an as-needed basis. Option year one, if Packet:Pg.425 8'D.c I exercised, shall be effective July 1, 2013 through June 30, 2014. Option year two, if 2 exercised, shall be effective July 1, 2014 through June 30, 2015. 3 This Agreement may be terminated at any time for any reason by thirty (30) days 4 written notice by either party. The terms of this Agreement shall remain in force unless 5 H amended by written agreement of the parties. u CD 6 •z 4. INDEMNITY. 7 `D d V 8 Vendor shall defend, indemnify, and hold harmless the City, its officers, employees and (D Y 9 agents from any claims, demands, lawsuits, liabilities, judgments, or expenses, including 10 attorney's fees, damage to property or injuries to or death of any person or persons or 2 11 0 damages of any nature including, but not limited to, all civil claims or workers' compensation 12 claims, to the extent arising out of, pertaining to, or related to the negligence, recklessness, or a)13 14 Willful misconduct of Vendor, its employees, agents or subcontractors in the performance of `o 15 this Agreement. Vendor hereby waives any and all rights to any types of express or implied 16 indemnity against the City, its elected officials, employees, agents or representatives, with 17 respect to third party claims against the Vendor relating to or in any way connected with the 18 a 19 accomplishment of the work or performance of services under this Agreement. 20 5. INSURANCE. y o` 21 While not restricting or limiting the foregoing, during the term of this Agreement, j 22 Vendor shall maintain in effect policies of comprehensive public, general and automobile 23 liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory a 24 25 worker's compensation coverage, and shall file copies of said policies with the City's Risk 26 Manager prior to undertaking any work under this Agreement. City shall be named as an 27 additional insured in each policy of insurance provided hereunder. The Certificate of 28 2 Packet-Pg.426 8.D.c I Insurance furnished to the City shall require the insurer to give City thirty (30) days notice 2 prior to any change or termination of 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 engage in, nor permit its officers, employees or agents to engage in, v 6 discrimination in employment of persons because of their race, religion, color, national origin, U 8 ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender d c 9 or sexual orientation, or any other status protected by law. 10 7, INDEPENDENT CONTRACTOR. U 11 Vendor shall perform work tasks provided by this Agreement, but for all intents and 12 13 purposes Vendor shall be an independent contractor and not an agent or employee of the City. 14 Vendor shall secure, at its expense, and be responsible for any and all payment of Income o A 15 Tax, Social Security, State Disability Insurance Compensation, Unemployment W 16 Compensation, and other payroll deductions for Vendor and its officers, agents, and d E 17 employees, and all business licenses, if any are required, in connection with the services to be 2 18 a performed hereunder. 19 z 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. y 20 0 21 Vendor warrants that it possesses or shall obtain, and maintain a business registration > 22 certificate pursuant to Title 5 of the San Bernardino Municipal Code, and any other licenses, 23 permits, qualifications, insurance and approval of whatever nature that are legally required of 4 24 a Vendor to practice its business or profession. 25 26 9. NOTICES. 27 Any notices to be given pursuant to this Agreement shall be deposited with the United 28 States Postal Service, postage prepaid and addressed as follows: 3 Packet Pg.X27 1 TO THE CITY: Public Works Director 300 North"D" Street 2 San Bernardino, CA 92418 3 Telephone: (909) 384-5140 4 TO THE VENDOR: TSR Construction& Inspection 8264 Avenida Leon 5 Rancho Cucamonga, CA 91730 y Telephone: (909) 331-2249 a, 6 Contact: Gabriel Zapirtan d 7 10. ATTORNEYS' FEES. r 8 In the event that litigation is brought by any party in connection with this Agreement, 9 the prevailing party shall be entitled to recover from the opposing party all costs and d 10 11 expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise c U 12 of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions to 13 or provisions hereof. The costs, salary and expenses of the City Attorney and members of his N 14 office in enforcing this Agreement on behalf of the City shall be considered as attorneys' fees H 15 for the purposes of this paragraph. X 16 17 11. ASSIGNMENT, d d rn 18 Vendor shall not voluntarily or by operation of law assign, transfer, sublet or a d v 19 encumber any part of the Vendor's interest in this Agreement without City's prior written y 20 consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and r 21 CD shall constitute a breach of this Agreement and cause for the termination of this Agreement. 22 Regardless of the City's consent, no subletting or assignment shall release Vendor of 23 A 24 Vendor's obligation to perform all other obligations under this Agreement. a 25 12. VENUE. 26 The parties hereto agree that all actions or proceedings arising in connection with this 27 28 Agreement shall be tried and litigated either in the State courts located in the County of San 4 Packet Pg.428 8.D.c' 1 Bernardino, State of California or the U.S. District Court for the Central District of California, 2 Eastern Division. The aforementioned choice of venue is intended by the parties to be 3 mandatory and not permissive in nature. 4 13. GOVERNING LAW. 5 t This Agreement shall be governed by the laws of the State of California. a) 6 it 14. SUCCESSORS AND ASSIGNS. 8 This Agreement shall be binding on and inure to the benefit of the parties to this cc d 9 Agreement and their respective heirs, representatives, successors, and assigns. 10 15. HEADINGS. a v 11 `o The subject headings of the sections of this Agreement are included for the purposes of 12 convenience only and shall not affect the construction or the interpretation of any of its O1 13 14 Provisions. N 0 .y 15 16. SEVERABILITY. d 16 If any provision of this Agreement is determined by a court of competent jurisdiction d E 17 to be invalid or unenforceable for any reason, such determination shall not affect the validity 18 a 19 or enforceability of the remaining terms and provisions hereof or of the offending provision in 2 any other circumstance, and the remaining provisions of this Agreement shall remain in full y 20 0 21 force and effect. d 22 17. ENTIRE AGREEMENT; MODIFICATION. 23 This Agreement constitutes the entire agreement and the understanding between the 2 24 a 25 parties, and supersedes any prior agreements and understandings relating to the subject 26 manner of this Agreement. This Agreement may be modified or amended only by a written 27 instrument executed by all parties to this Agreement. 28 5 P ` 1 Pg.'429 8A 1 VENDOR SERVICE AGREEMENT TSR CONSTRUCTION & INSPECTION 2 3 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and 4 date set forth below. 5 y d 6 Dated: 12012 TSR CONSTRUCTION & INSPECTION d 7 U' By: 8 Name/Title a 9 10 Dated 2012 CITY OF SAN BERNARDINO 0 U 11 By: 12 Andrea Travis-Miller <c Acting City Manager 13 Approved as to Form: 14 James F. Penman N City Attorney .y 15 By 16 : d 17 d d 18 a d 19 20 0 21 22 E 23 24 a 25 26 27 28 6 Packet-Pg_0 KV'Bd4a31a8d f 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O o 0 y o 0 0 0 0 0 0 o O 0 0 0 0 0 0 0 0 IL Y 0 0 0 0 0 0 0 0 O O O O O O O N N ' (D O O O O O O O O U') O O O Un to O O N O r� O O a.O : C U ,a, O r O N ti W O) l0 N M �r- N Un 00 W r O N p O m r N C (s Z to (y c o > o 0 0 0 0 0 0 o 0 0 0 0 0 0 m N O > UO 0 0 0 0 0 1 0 0 O O O O O O O N N lq r "' 0 0 0 Q) O O a0 O N O I� N O N C M V r r N co 00 M r 0 M of m f1D C 0 0 0 0 0 0 0 0 O O O O O O O O O A 0 0 0 O 0 0 0 0 0 O O p O O 0 0 0 0 0 0 0 0 O 0 0 0 0 0 O d' 'O d C 0 0 0 0 0 0 0 0 O O O O O O O V LO 0 T ` U O O O (O N 0 0 0 0 6!) 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