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HomeMy WebLinkAbout06.S- Public Works RESOLUTION(ID# 1906) DOC ID: 1906 B CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION [ Agreement/Contract v From: Jim Smith M/CC Meeting Date: 08/06/2012 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 Four One-Year Extensions, at the City's Option, to TSR Construction and Inspection for the Repair of Sidewalks, Curbs, Gutters, and Cross Gutters. 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 Updated: 8/2/2012 by Georgeann"Gigi"Hanna B PacketPg. 650 1906 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. 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: Supuortine Documents: Resolution (DOC) Attachment 1, Bid Packet (PDF) Vendor Service Agreement (DOC) Updated: 8/2/2012 by Georgeann"Gigi"Hanna B 7acketPg. 651 6.S 1906 Bid Summary (PDF) O Updated: 8/2/2012 by Georgeann"Gigi"Hanna B Packet Pg. 652 Imm 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 N v U 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, m 10 and cross gutters per RFP F-12-18. 11 SECTION 2. The City Manager is hereby authorized and directed to execute a 12 13 Vendor Service Agreement with TSR Construction& Inspection, a copy of which is attached U r^" 14 hereto marked Exhibit A and incorporated herein by reference. o 15 SECTION 3. Pursuant to this determination the Director of Finance or his designee is M C 16 hereby authorized to issue an annual Purchase Order to TSR Construction and Inspection in y 17 the amount of$200,000 with two (2) one-year extensions at the City's option. 18 ° SECTION 4. The Purchase Order shall reference this Resolution and shall read, 19 d 20 "TSR Construction and Inspection for the repair of sidewalks, curbs, gutters, and cross d 21 gutters, not to exceed $200,000" and shall incorporate the terms and conditions of this = A 22 Resolution and Agreement. a 23 SECTION 5. The authorization to execute the above referenced Purchase Order and 24 Agreement is rescinded if not issued within sixty(60) days of the passage of this Resolution. 25 26 27 28 Packet 3 6.S.A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 1 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 Common Council of the City of San Bernardino at a meeting 6 7 thereof, held on the_day of , 2012,by the following vote,to wit: U 8 Council Members: AYES NAYS ABSTAIN ABSENT d 9 MARQUEZ 10 JENKINS 11 VALDIVIA 12 U 13 SHORETT 14 KELLEY c m 15 JOHNSON M c 16 °- MCCAMMACK 0 17 r 18 19 Georgeann Hanna, City Clerk N d 20 The foregoing resolution is hereby approved this day of 2012. d 21 E L U w 22 Patrick J. Morris, Mayor a 23 City of San Bernardino 24 Approved as to form: 25 JAMES F. PENMAN, City Attorney 26 By: 27 28 PacketPg. 654 UP V-12-18 Concrotc Ivhtint Svcs PRICE FORM REQUEST FOR QUOTES: C/Ty Or— 5041 bir�A/DINO DESCRIPTION OFRFP: cou(fr~Te Mfl(A/i- 5rPt/ICE45 COMPANY NAME: T-SR r0)V!5YkUI'rt0A1 AA11) IVSA CTIDxi ADDRESS: 176q QJ/r111,0 4 Lie-061 _ d v RAMC,& ry�A,�O_ Wit% rJ�q/3-,t90 y to d to C PRINT c NAME OF AUTHORIZED 1° REPRESENTATIVE �A /c�_ , A�l 'Y.St;V/ d d U C O Provide pricing that is a firm fixed fee. This must include all labor, traffic control materials, steel plating, tools, equipment, and supplies associated with concrete o maintenance services. Failure to include may invalidate your proposal. r Concrete Maintenance Services Cost 4" Sidewalk R&R -- vf� 8,000 sq. a '71 ODO :o Ln ft, m Curb on Type A, R&R 400 6062 6" Curb & Gutter, 18" R&R 400 Ln ft. r 7 00 ,13o" E 6" Curb & Gutter, 24" R&R 400 Ln ft. 2 Oro L > U 8" Curb & Gutter, 18" R&R 400 Ln ft. 8" Curb & Gutter, 24 R&R _ 400 Ln ft. 13 00 O 3' Cross Gutter R&R _ 800 sq. ft. 8, o p 0 4' Cross Gutter R&R 800 sq. ft. to N 0 0 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. 0 h Spandrel R&R 500 sq. ft. cl O0 0 17 4 1'FF Concrele Maim Svcs Residential Approach _ 300 sq. ft. Commercial Approach 300 sq. ft. WDO Curb Ramp 500 sq. ft. 51,90-49 _ TOTAL: ANNUAL PURCHASE ORDER Effective July 1, 2012 through June 30, 2013 with two (2) one-year renewals, at the City's option, on an as-needed basis. Option years shall become effective only upon issuance by the City of a duly authorized Purchase Order. 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, C 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 / ( o (circle one). If you answered "Yes", please provide detail of said additional costs: ° o U m 0 w d Please indicate any elements of the Proposal Specifications that cannot be met by yourfirm. AZ/A m r Have you included in your proposal all informational items and forms as requested? E es / No . (circle one). If you answered "No", please explain: a d -- --- E r This offer shall remain firm for 90 days from RFP close date. A 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 r� Packet Pg..656 , fi.S.B RPP r-12-I8 Concrete Mnint 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: _ 1 Z Addenda No: Received on: Z Addenda No: Received on: in d U c R FIRM NAME: 7-5 R C.6A 15Y120tf( Al A-ill)—IA15P. 2 ADDRESS: 97,541 .41164111)4 !_r eAl m d 0 U Phone: log3 3J 27 �/y — 0 Email: r2 9 6I?Jff/ il,9gHLb. C-e-Al d Fax: %Oq Y&'3_ ;15191 _ Authorized Signature: m Print Name: 6.4 h k let ;ZA jg1,Qr,9 ti E Title: P R E's!dry/` a IF SUBMITTING A "NO PROPOSAL", PLEASE STATE REASON (S) BELOW: E w a 19 Packet Pg.657 0 R17P F-12-t8 Concrete Alint 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. Z d w d DIVISION OF NAME OF FIRM OR LOCATION o WORK OR CONTRACTOR CITY TRADE ` « d Z U rn d s v m a a Print Name Signature of idder E r v ea Company Name: rSR _ rD�f/S UC7il1A/ AVA iA/5Pt _Cr/OX a Address: V21 c1 A!16--_ IIAY e l�'g ! ktAVCHO r v m « REJECTION OF BIDS a 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. 20 117"r-12-15 Concrete`[aim 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 d bidding in connection with RFP F-12-18. d y d V Business Name lr,�R C0A15YjfdC7 aA1 4kh 1A-15h5C7'1a.'v Business Address $76y �9f/rR/[Q$ Le-eA6AMA/CHo ccle rs1 Signature of bidder X c 0 U R/9IVCHO 4 o Place of Residence �+ w d Subscribed and sworn before me this �191 7 day of �l 20 /� a Notary Public in and for the County of VC%�' e � ��S�alifornia. m My commission expires / �^ /U 20 alz�11- v E r U N Q G d E a.oL P. '1844"0. j f x N �`^ Co M,q 71 C Q ` MARY PNB!IC'M1P0RN1A 0 1J•o SAN 8ER"No CWNiY h'Y Cou,. [0IS 21 PaPg:x65�',' ss.e State Of California t �CONTRACTO ,mnH, RS STATE LICENSE BOARD Cm ACTIVE LICENSE Afro N w� 881123 CORP V T S R CONSTRUCTION AND Z INSPECTIONS ry) d U C BA m C C 01/31/2014 www.cslb.ca.gov � V C O U co 0 m m Y V R a n m « c (D E t V Q C 4) E L V 47 « Q PacketPg. 660 s.s.e veer e so" v■ R a rr tcv YOA er-arvvA— ( 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 POLIO BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHOR12 REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: II the certificate holder is an ADDITIONAL INSURED, the policy(ios) 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 endorsement s). PRODUCER BANE,_Gordon Scott. DuBois Insurance Agency, Inc. PHONE _ (909)384-8308 FAX (909)388-19 560 North D Street Suite 200 E-MAIL 1M4.xoy,,,_ ���s_gordon.dduboisl @farmersagency.com San Bernardino, Ca. 92401 ----- --------_-_ ..................._... INSURERS AFFORDING COVERAGE NAICt _ INSURER A:Commerce West Insurance Co. INSURED TSR Construction and Inspections tNSIIRERB;Tower Select Insurance Company Gabriel Zapirtan INSURER G 8264 Avenida Leon INSURER D: 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 PERI to INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDI RON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH TF V CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE 'TERN C EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. m NSR TYPE OFINSURANCE A POLICY EFF FOLIC EXP y LTR R POLICYNUMBER MMIDDIriV Yl IMWDDNYM LIMITS ++ GENERAL LIABILITY EACH OCCURnENCE $1,000,000 '2 B COMMERCIAL GENERAL LABILITY CGLBDO0953-10 0/01/2011 0/07/2012 PflEWSESfE I Sl,000,000 2 CLAIMS MADE OCCUR MED EXP(My one person) _$5,000 r 000 --. PERSONAL agDV INJURY $1,000, tl GENERAL AGGREGATE $2,000,000 C O GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGO $2,000,000 U POLICY P.t LOC $ to AUTOMOBILE LIABILITY E a.ddo I I - LMI 1,000,000 0 ANY AUTO CVA4001711 /21/2012 /21/2013 BODILY INJURY(Per pems ) $ 1 AtLL/TOS NEO SHE�DULED BODILY INJURY(Per ACCi"U $� y METE'O AUTOS NON-OWNED PROPERTY DAIMGE — Y AUTOS IPeramJdeMi $ U to a OOMEINEDS UMBRELLA UAe OCCUR EACHOCCURRENCE $ ,O EXCESS LIAe CLAIMS-MADE AGGREGATE $ _-.—_.—..... m DED RETENTION $ WORKERS COMPENSATION WCSAU- O H. AND EMPLOYERS'LIAWLITY YIN NY PROPRIETOPARTNERIEXECUTIVE ECC IDENT $OFFICERIMMBER EXCLUDC07 NIA L EAHAC _ (Mandatary in NH) H es dewn under C.L.DISEASE,EA EMPLOYEE D SGtRIPTtOV OF OPERATIONS below E.L.DISEASE•POLICYLIMIT $ Q C N E DESCRIPTION OF OPERATIONS I LOCAnONS f VEtliCLES(AIIacB pCOfl0101,AtldlUOnal Rsmeras 3Mxlydq 11 more spew is,squired) L V IB a :ERTIFICATE HOLDER CANCELLATION TSR Construction and Inspections SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 6264 Avenida Leon THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Rancho Cucamonga, CA, 91730 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Y ordon Scotty--"" -' 01988.2010 ACORD CORPORATION. All rights reserved_ PaakW'6.46-1. ai San Bernar ano SM May 23, 2012 .i' d w ADDENDUM #1 To Request for Quotation (RFQ) F-12-18 Concrete Maintenance Services Notice is hereby given that the following changes, additions, deletions, or clarifications d are incorporated as an Addendum to the Request for Quotation (RFQ) F-12-18. _ 0 U to 1. Is there a current contract or a previous contract for this work? If so, what was 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. 2. Is a 8 license acceptable for this contract? ANSWER: an A license or a C-8 m specialty license. v E L V Sincerely, —� a Deborah R. Morrow, C.P.M., MPA Purchasing Division L W s �t: RFI''F-12-18 © Concrete Maint Svcs City of San Bernardino, Finance Department Purchasing Division RFP F-12-18 Concrete Maintenance Services Contract Bid Documents to Be Returned [� References N Completed Technical Specifications—right-hand column (City Form) U_ h Signed Price Form (City Form) in ty One (1) signed original of Proposal in a SEALED ENVELOPE c m c One (1) copy of signed Proposal in a SEALED ENVELOPE Authorized Binding Signature(s) d m / Verifications of Addenda Received (City Form) IV Forrn5 c Ste- Listing of Proposed Subcontractor, if applicable (City Form) IV Fomu � o Lrq✓ Affidavit of Non-Collusion � Ly 90 Day Minimum Proposal Validity Statement III Addf0onalRegalran,em5,w General spnilicanenaa5 a Insurance Certificates v m Copy of Contractor License or other appropriate licenses, permits, qualifications and approvals that are legally required to provide services, and that such licenses and d approvals shall be maintained throughout the term of this Contract. " Tech specs a = VI General specincallons#35 Q Offeror(s) are requested to submit this checklist completed with all bid documents This list may not 4) be inclusive of all documents needed to submit your RFP. Please refer to E entire packet for additional documents. a 2C`FEP��NCe=S•' (-Ovary dr 5 A 8FR) A/O1,A-ea CU/ 50 f/ .-gOg'3 �7 je5-000 d (-rry or: eftrOA/ /Ar-7_.,9A F/ti-goy gv/ 26 2 0 c jry o H/6tlCRNA /tt7. 9 Poee"r—go 9, Y90 ( z 5-5- f ( crry of 0P6AAl/) /cugy4rg3 —qoy t979_96 / 0 crry of COROAig 15revF csfr�5aA --��r v53 d 355 Packet Pg.S63 RIT F-12-18 Concrete Maim Svcs FAILURE TO COMPLETE RIGHT HAND COLUMN WILL INVALIDATE BID CATEGORY ACCEPTABLE/ AS SPECIFIED 1. TRAFFIC CONTROL Attention is directed to Section 7-10, 'Public Convenience and ®7.4 t Safety" of the Standard Specifications for Public Works pAy Construction, latest edition and these special provisions. N d Warning signs, lights, and devices for use in performance of z work on Highways shall conform to the "Manual of Traffic d Control," 2000 Edition, and the "Work Area Traffic Control d Handbook," 2000 Edition, adopted by the City of San Bernardino. 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 w whenever possible. VENDOR shall maintain a minimum of one traffic lane in each direction at all times. All excavations opened c during any day will be paved back to a safe condition by the end of the same day. o 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 a to digging or removals of the site. Notification can be by phone ? and followed up with a written notification. m All places of business and residences along the street(s) that are 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 d 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 a als for all traffic control will be considered as being in various items of work and no additional sation will be allowed. 11 RFP F-12-18 Concratc Maint Svcs CLEARING GRUBBING REMOVALS RELOCATIONS AND SITE MAINTENANCE The work covered by this section shall include removal and disposal of concrete or AC, removed vegetation, tree roots, /}t t cprfl 8 C c, 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 orderly condition throughout the construction period. 3. REMOVAL OF EXISTING IMPROVEMENTS Existing surface improvements shall be removed within the limits indicated on the plans, or as listed 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 o his designee. If the edge of any existing improvement to be joined with new work is damaged by the VENDOR'S operations, the existing shall be again saw cut parallel to the original cut and such Y 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 s property of the VENDOR and shall be disposed at an m appropriately permitted recycling site. Copies of the weight a ticket(s) shall be submitted to the City for recycled materials. d E VENDOR must comply with NPDES regulations during construction. a 4. DISPOSAL OF MATERIAL REMOVED J,tttPTp/34p 1All material removed in clearing and site maintenance 2perations, incluq!M tem ora asphalt avin removal as O 12 Packet Pg. 665 kPPP-I2-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 AtrEPr� � c� All trash, roots, and organic material within six inches of the finished surface shall be removed. In addition, any trash or v organic material, including roots, encountered in demolition of any work performed shall be removed. d 6. SITE MAINTENANCE d Throughout the period of construction, the VENDOR shall maintain the site of the work in a safe, neat, and orderly condition free of any hazardous conditions, trash, debris, surplus materials, and objectionable matter of any kind, all to the satisfaction of the Public Works Director or his designee. o 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. 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 damage resulting from the operation. w a 7. GRADING d E The VENDOR shall grade as required, provide all unclassified excavating and unclassified fill necessary for curbs, gutter, At[irfrAbtF 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 PacketPg. 666 UP F-12-1 S co'cretc Maim Svcs compacted to 95% relative compaction to avoid future settlement. 8. COMPACTION OF SUBGRADE Subgrade shall be scarified, watered, and compacted as gCC PrR �BGf 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 edition, and the City Standards. The following City Standards gCC�PIAP�LF are made part of these specifications: C d Std No. 200—Typical Section—P.C.C. Curb & Gutter c Std No. 201 —Cross Gutter Std No. 202—Sidewalk Location Std No. 203 — Residential Driveway Approach Std No. 204—Commercial Driveway Approach c Std No. 205—Curb Ramp U. CD 0 10. PRICING Pricing shall include all traffic control, materials, steel plating, 4CC;FPT*0 0 te- equipment, and labor costs to complete the project(s). a 11. LABOR RATES m Prevailing wage must be paid for the term of this contract. RCtPTACP E Prevailing wage reports must accompany all invoices. M Y 12. REFERENCE LIST a Provide three (3) local government agencies and/or company's A(CE6'TA8C r E 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) year with two (2) #ar Pro 031 rr one-year extensions at the Cit 's option. 14 .Packet Pg:8 6.S.B RFF F-12-7R Concrete Mainl Svcs 14. LICENSES The VENDOR represents that it has all licenses including a contractor license, permits, qualifications and approvals of CCF�TABL E whatever 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. t v 15. WARRANTY L The work shall be warranted for 1 year. U 16. CONTRACTOR NON-COMPLIANCE d A. if the Public Works Department Director, or his designee, 2 determines that there are deficiencies in the performance of this Agreement, the Public Works Department Director, or his fitC�P7'�18 LF 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 Works Department Director, or his designee, to correct the specified deficiencies. s U B. Should the VENDOR fail to correct any deficiencies within the li 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 E VENDOR'S payment the amount necessary to correct the deficiency, including City overhead costs. a 2. Withhold the entire or partial payment. E L 3. Terminate the contract and award to second bidder. a 15 PacketPg. 668 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 a WITNESSETH: WHEREAS, the Mayor and Common Council has determined that it is advantageous d U and in the best interest of the City to repair City sidewalks, curbs, gutters, and cross gutters; m c and d WHEREAS, the City solicited bids pursuant to RFP F-12-18 from available vendors v i U G for such repair of sidewalks,curbs, gutters, and cross gutters; and U { NOW, THEREFORE, the parties hereto agree as follows: m 1 1. SCOPE OF SERVICES. r 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 E Public Works Department, and as set forth in the Vendor's Bid Packet, a copy of which is rn a attached hereto as Attachment"1" and incorporated herein. °U d 2. COMPENSATION AND EXPENSES. T 0 t a. For the materials and services delineated above, the City, upon the presentation of monthly invoices, shall pay the Vendor up to the total amount of$200,000 for the E L repair of sidewalks, curbs, gutters, and cross gutters per RFP F-12-18. o 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 Otwo (2) one-year extensions at the City's option on an as-needed basis. Option year one, if 6.s.c 1 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 N amended by written agreement of the parties. 6 4. INDEMNITY. N 7 U 8 Vendor shall defend, indemnify, and hold harmless the City, its officers, employees and d 9 agents from any claims, demands, lawsuits, liabilities, judgments, or expenses, including S 10 attorney's fees, damage to property or injuries to or death of any person or persons or d U 11 0 damages of any nature including, but not limited to, all civil claims or workers' compensation c i 12 claims, to the extent arising out of, pertaining to, or related to the negligence, recklessness, or rn 13 '" 14 willful misconduct of Vendor, its employees, agents or subcontractors in the performance of o Mn 15 this Agreement. Vendor hereby waives any and all rights to any types of express or implied o! 16 indemnity against the City, its elected officials, employees, agents or representatives, with E 17 respect to third party claims against the Vendor relating to or in any way connected with the 18 a accomplishment of the work or performance of services under this Agreement. v 19 z d 20 5. INSURANCE. c v 21 While not restricting or limiting the foregoing, during the term of this Agreement, m Y 22 Vendor shall maintain in effect policies of comprehensive public, general and automobile m E s 23 liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory 24 a worker's compensation coverage, and shall file copies of said policies with the City's Risk 25 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. 670 s.S.c 1 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, 0 6 Z 7 discrimination in employment of persons because of their race,religion, color, national origin, in d v 8 ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender v Y 9 or sexual orientation, or any other status protected by law. G 10 7, INDEPENDENT CONTRACTOR v 11 Vendor shall perform work tasks provided by this Agreement, but for all intents and L) 12 purposes Vendor shall be an independent contractor and not an agent or employee of the City. rn 13 14 Vendor shall secure, at its expense, and be responsible for any and all payment of Income c 15 Tax, Social Security, State Disability Insurance Compensation, Unemployment 16 Compensation, and other payroll deductions for Vendor and its officers, agents, and m E 17 employees, and all business licenses, if any are required, in connection with the services to be m 18 a performed hereunder. v 19 20 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. U) M 21 Vendor warrants that it possesses or shall obtain, and maintain a business registration Y 22 certificate pursuant to Title 5 of the San Bernardino Municipal Code, and any other licenses, m E 23 t permits, qualifications, insurance and approval of whatever nature that are legally required of 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 PacketPg. 671 63 O 1 TO THE CITY: Public Works Director 300 North"D" Street 2 San Bernardino,CA 92418 Telephone: (909) 384-5140 3 4 TO THE VENDOR: TSR Construction& Inspection 8264 Avenida Leon 5 Rancho Cucamonga,CA 91730 Telephone: (909) 331-2249 6 Contact: Gabriel Zapirtan m 7 10. ATTORNEYS' FEES. d, c m S In the event that litigation is brought by any party in connection with this Agreement, r 9 A the prevailing party shall be entitled to recover from the opposing party all costs and 10 d L 11 expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise o V 12 of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions 0 rn 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 2 N 15 for the purposes of this paragraph. 16 v 17 11. ASSIGNMENT. v d 18 Vendor shall not voluntarily or by operation of law assign, transfer, sublet or a d U 19 encumber any part of the Vendor's interest in this Agreement without City's prior written d 20 consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and 0 v 21 shall constitute a breach of this Agreement and cause for the termination of this Agreement. 22 23 Regardless of the City's consent, no subletting or assignment shall release Vendor of u m 24 Vendor's obligation to perform all other obligations under this Agreement. 25 12. VENUE. 26 The parties hereto agree that all actions or proceedings arising in connection with this 27 Agreement shall be tried and litigated either in the State courts located in the County of San 28 4 M" 6.S.0 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 This Agreement shall be governed by the laws of the State of California. 6 14. SUCCESSORS AND ASSIGNS. d U S This Agreement shall be binding on and inure to the benefit of the parties to this d 9 Agreement and their respective heirs,representatives, successors, and assigns. 10 15. HEADINGS. d U 11 r The subject headings of the sections of this Agreement are included for the purposes of 0 12 convenience only and shall not affect the construction or the interpretation of any of its °m 13 14 provisions. r 0 N 15 16. SEVERABILITY. 16 If any provision of this Agreement is determined by a court of competent jurisdiction E 17 to be invalid or unenforceable for any reason, such determination shall not affect the validity d 18 a or enforceability of the remaining terms and provisions hereof or of the offending provision in 0 19 20 any other circumstance, and the remaining provisions of this Agreement shall remain in full (n 0 v 21 force and effect. r 22 17. ENTIRE AGREEMENT; MODIFICATION. d E 23 This Agreement constitutes the entire agreement and the understanding between the 24 a parties, and supersedes any prior agreements and understandings relating to the subject 25 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 Packet!L 73 6.S.c 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 m 7 By: v c 8 c Name/Title m c 9 10 Dated 12012 CITY OF SAN BERNARDINO d u 11 By: ci 12 Andrea Travis-Miller Acting City Manager rn 13 Approved as to Form: 14 James F. Penman City o c y Attorney •2 15 By: 16 17 E E d e, 18 a d U 19 cn 20 a c 21 > 22 E 23 L u f0 24 a 25 26 27 28 6 PacketPg. 674 6.S.D i i i i 'A W Ni. .� O W W M4 > w w m p 'a N 0 0 n 0 (� n C) n n () , cn a• (D Q 3 p; M j O j O p p C C C C O' Q _ N cD a cD N N N Vl N 6 Q 6 Q j CD Q N N Q 0 G7 90 PO Ro 90 w 0 `0 Ul "aa v' m �1 c r G7 G7 M Q 3 0 Q o D o m (D (D - = = - m T7 N p v --°o � m CD (D m D QO m =O < O N .Z�J ."L�7 90 � .TJ m RI N 0 {� m \ Q J A .P .art C7 du < Q C COD 0 0 7 O (D X D CL I O. 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