HomeMy WebLinkAbout27-Public Services Department ORIGINAL
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
From: Ken Fischer, Director Subject: A resolution authorizing the
execution of an agreement and
Dept: Public Services purchase order in the amount of
$284,000.00 between the City of San
Date: March 12, 2007 Bernardino and Pavement Recycling
Systems Inc., pursuant to Section
3.04.010 B-3 of the Municipal Code for
cold planing services, labor and
equipment rental for City street repairs.
Meeting Date: April 2, 2007
Synopsis of Previous Council Action:
Recommended Motion:
1) Adopt Resolution
Signature
Contact person: Ken Fischer, Director Phone: 5140
Supporting data attached: Ward: All
Staff Report, Resolution, Bids
Agreement
FUNDING REQUIREMENTS: Amount: $ 284,000.00
Source: FY 06-07
Account Numbers
(See attached)
Finance:
Council Notes: -200 -107
013
Agenda Item No. _ rx
Ao
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
A resolution authorizing the execution of an agreement and purchase order in the
amount of $284,000.00 between the City of San Bernardino and Pavement Recycling
Systems Inc., for cold planing services, labor and equipment rental for City street
repairs.
BACKGROUND:
The Finance Department, Purchasing Division sent notice inviting quotes for cold
milling, labor and equipment rental. This request for quote was placed on the "Green
Sheet", which is the location for placing public works type projects for all contractors in
Southern California to review and bid or quote on a project.
The quote requested hourly, eight-hour day, and ten-hour day rates for asphalt cold
plane machines with grinding widths of eighteen inches, forty-eight inches, seventy-two
inches, eighty-four inches and ninety-six inches. Each grinder was bid with labor
included.
The results of the quote request were:
Pavement Recycling Systems, Riverside, CA
Cold plane width Hourly 8-hour 10-hour
18" $205 $1830 $2350
48" $325 $2900 $3550
72" $576 $5600 $6600
84" $600 $5800 $6800
96" $675 $6537 $7650
Cindy Trump, Inc., La Habra, CA
Cold plane width Hourly 8-hour 10-hour
18" $175 $1550 $2000
48" $275 $3050 $3650
72" no bid no bid no bid
84" no bid no bid no bid
96" no bid no bid no bid
Two other contractors, Matich Corp. of San Bernardino and Precision Cold Planning of
Ontario did not bid. Both companies stated that they did not have the five sizes of
equipment so they did not bid.
Pavement Recycling Systems Inc., was the only company that can provide all sizes of
equipment required to complete grinding for our mill and overlay projects. Using the
right size equipment improves the overall productivity of the project and directly impacts
the project cost.
Since Pavement Recycling Systems, Inc. is the only equipment provider that can meet
the need for all pavement grinder sizes, the Public Services Department recommends
that the Director of Finance be authorized to accept the quote from Pavement Recycling
Systems, Inc. and issue a purchase order in the amount of $284,000.00 for cold planing
services, and the quote from Cindy Trump, Inc. be declared non-responsive and
rejected as allowed under City of San Bernardino Municipal Code Section
3.04.010(13)(3).
FINANCIAL IMPACT:
Funds for this purchase are available and have been budgeted in the FY 06-07. (see
attached)
RECOMMENDATION:
Adopt resolution.
2
ATTACHMENT "A"
COLD PLANING SERVICES
WARD LOCATION ACCT. NUMBER AMOUNT
3 MacKay Dr. from E St. to D St. 240-379-5504-7687
3 D St. from MacKay Dr. to End 240-379-5504-7688
3 Weir Rd. from Waterman Ave to Easterly Terminus 240-379-5504-7689
2 Mt. View from Highland Ave. to Baseline 240-379-5504-7690
3 Arrowhead Ave from Mill St. to Orange Show Road 240-379-5504-7691
2 F St. from 9th St. to Baseline 240-379-5504-7692
2 F St. from 16 th St. to 17 1h St. 240-379-5504-7693
2 G Street From Temple to Baseline 240-379-5504-7694 $108,000.00
1,2 9 St. from H St. to Arrowhead Ave. 129-367-5504-7200
6* Arizona from 16 th St. to Colorado 129-367-5504-7684
6* West Evans from Arizona to Colorado
6* West Gilbert from Arizona to Colorado
6* West 15 St. from Arizona to Colorado
6* Macinolia from Colorado to California
6* West 14 th St. from Colorado to Arizona
6* Colorado from West Evans to California $101,000.00
6 Olive from Western Ave. to Mt. Vernon 129-367-5504-7682
6 Cajon at State Route 210 129-367-5504-7590
7 Arrowhead from Highland to State Route 210 129-367-5504-7730
7 Genevieve from 30 St. to 34,n St. 129-367-5504-7731
7 Alley Paving_ 129-367-5504-7683
4 Arden, L nwood Area 246-366-5504-7136 $40,000.00
7 Sierra Way from Highland to 34 St. 135-378-5504-7686 $25,000.00
15 St. from California St. to Penns Ivania Ave. 126-369-5504-7679 $10,000.00
Total $284,000.00
*California Gardens
ATTACHMENT "A"
COLD PLANING SERVICES
WARD LOCATION ACCT. NUMBER AMOUNT
3 MacKay Dr. from E St. to D St. 240-379-5504-7687
3 D St. from MacKay Dr. to End 240-379-5504-7688
3 Weir Rd. from Waterman Ave to Easterly Terminus 240-379-5504-7689
2 Mt. View from Highland Ave. to Baseline 240-379-5504-7690
3 Arrowhead Ave from Mill St. to Orange Show Road 240-379-5504-7691
2 F St. from 9 St. to Baseline 240-379-5504-7692
2 F St. from 16 th St. to 17 th St. 240-379-5504-7693
2 G Street From Temple to Baseline 240-379-5504-7694 $108,000.00
1,2 9 St. from H St. to Arrowhead Ave. 129-367-5504-7200
6* Arizona from 16 th St. to Colorado 129-367-5504-7684
6* West Evans from Arizona to Colorado
6* West Gilbert from Arizona to Colorado
6* West 15th St. from Arizona to Colorado
6* Magnolia from Colorado to California
6* West 14 th St. from Colorado to Arizona
6* Colorado from West Evans to California $101,000.00
6 Olive from Western Ave. to Mt. Vernon 129-367-5504-7682
6 Cajon at State Route 210 129-367-5504-7590
7 Arrowhead from Highland to State Route 210 129-367-5504-7730
7 Genevieve from 30th St. to 34 th St. 129-367-5504-7731
7 Alley Paving 129-367-5504-7683
4 Arden, Lynwood Area 246-366-6504-7136 $40,000.00
7 Sierra Way from Highland to 34th St. 135-378-5504-7686 $25,000.00
15 th St. from California St. to Pennsylvania Ave. 126-369-5504-7679 $10,000.00
Total $284,000.00
*California Gardens
3
COPY
1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
3 SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
PURCHASE ORDER IN THE AMOUNT OF $284,000.00 BETWEEN THE CITY OF
4 SAN BERNARDINO AND PAVEMENT RECYCLING SYSTEMS, INC. FOR COLD
PLANING SERVICES, LABOR AND EQUIPMENT RENTAL FOR CITY STREET
5 REPAIRS.
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
7 OF SAN BERNARDINO AS FOLLOWS:
8 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized to
9 execute on behalf of said City an Agreement between the City of San Bernardino and
10 Pavement Recycling Systems, Inc., a copy of which is attached hereto, marked Exhibit
11
"A" and incorporated herein by reference as fully as though set forth at length.
12
SECTION 2. A formal quote was requested by the Finance Department under
13
14 Section 3.04.070 of the Municipal Code.
15 SECTION 3. That the quote received from Cindy Trump, Inc. be declared non-
16 responsive and is hereby rejected..
17 SECTION 4. That Pavement Recycling Systems, Inc. submitted the lowest bid
18 for cold planing services, labor and equipment rental for city street repairs in the
19
amount of $284,000.00. Pursuant to this determination the Purchasing Manager is
20
21 hereby authorized to issue a purchase order to Pavement Recycling Systems, Inc. in
22 the amount of $284,000.00.
23 SECTION 5. The Purchase order shall reference this Resolution No.
24 2007 and shall read, "Pavement Recycling Systems, Inc. for cold planing
25 services, labor and equipment rental for city street repairs."
26
27 Nb, J_7
28 yj,�-- 1)
i
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
2 PURCHASE ORDER IN THE AMOUNT OF $284,000.00 BETWEEN THE CITY OF
3 SAN BERNARDINO AND PAVEMENT RECYCLING SYSTEMS, INC. FOR COLD
PLANING SERVICES, LABOR AND EQUIPMENT RENTAL FOR CITY STREET
4 REPAIRS.
5 SECTION 6. The Agreement shall reference this Resolution No.
6 2007 and shall read "Pavement Recycling Systems, Inc. for cold planing
7 services, labor and equipment rental for city street repairs. Agreement not to exceed
8
$284,000.00" and shall incorporate the terms and conditions of the agreement.
9
SECTION 7. The authorization to execute the above referenced Purchase
10
11 Order and Agreement is rescinded if it is not issued within sixty (60) days of the
12 passage of this resolution.
13
14
15
16
111
17
18 /ll
19
20 Ill
21
22
23
111
24
25
26 /ll
27
28
V
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
2 PURCHASE ORDER IN THE AMOUNT OF $284,000.00 BETWEEN THE CITY OF
3 SAN BERNARDINO AND PAVEMENT RECYCLING SYSTEMS, INC. FOR COLD
PLANING SERVICES, LABOR AND EQUIPMENT RENTAL FOR CITY STREET
4 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 2007, by the
8
following vote, to wit:
9
Council Members: AYES NAYS ABSTAIN ABSENT
10
11 ESTRADA
12 BAXTER
13 BRINKER
14 DERRY
15 KELLEY
16
JOHNSON
17
18 MCCAMMACK
19
Rachel G. Clark, City Clerk
20
The foregoing resolution is hereby approved this day of
21 , 2007.
22 Patrick J. Morris, Mayor
23 'City of San Bernardino
Approved as to Form:
24 p
25 By?mes
Penman
F.26 Attorney
27
28
VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 2nd day of April
2007, by and between Pavement Recycling Systems, Inc. ("VENDOR") and the City of San
Bernardino ("CITY" or"San Bernardino').
WITNESSETH:
WHEREAS, the Mayor and Common Council has determined that it is advantageous
and in the best interest of the CITY to contract for the completion of cold milling, labor and
equipment rental for City street repairs; and
WHEREAS, the City of San Bernardino did solicit and accept proposals and bids from
a number of vendors for cold milling, labor and equipment rental for City street repairs.
NOW,THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
For the remuneration stipulated, San Bernardino hereby engages the services of
VENDOR to provide those products and services as set forth in Bid Specifications No. RFQ F-
07-29, for Cold Planning Services, dated.January 30, 2007, attached hereto and incorporated
herein by this reference.
2. COMPENSATION AND EXPENSES.
a. For the services delineated above, the CITY, upon presentation of an invoice, shall
pay the VENDOR up to the amount of $284,000.00 for cold milling, labor and
equipment rental for City street repairs (Cold Planing Services).
b. No other expenditures made by VENDOR shall be reimbursed by CITY,
3. TERM; SEVERABILITY.
The term of this Agreement shall be for a period of one year.
This Agreement may be terminated at any time by thirty (30) days written notice by
y either party. The terms of this Agreement shall remain in force unless mutually amended. The
duration of this Agreement may be extended with the written consent of both parties.
4. INDEMNITY.
CITY agrees to indemnify and hold harmless VENDOR, its officers, agents and
volunteers from any and all claims, actions, or losses, damages and/or liability resulting from
CITY's negligent acts or omissions arising from the CITY's performance of its obligations
under the Agreement.
VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, and
volunteers from any and all claim, actions, or losses, damages and/or liability resulting from
VENDOR's negligent acts or omissions arising from the VENDOR's performance of its
obligations under the Agreement.
In the event the CITY and/or the VENDOR is found to be comparatively at fault for any
claim, action, loss, or damage which results from their respective obligations under the
Agreement, the CITY and/or VENDOR shall indemnify the other to the extent of this
comparative fault.
5. INSURANCE.
While not restricting or limiting the forgoing, during the term of this Agreement,
VENDOR shall maintain in effect policies of comprehensive public, general and automobile
liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory
worker's compensation coverage, and shall file copies of said policies with the CITY's Risk
Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an
additional named insured in each policy of insurance provided hereunder. The Certificate of
Insurance furnished to the CITY shall require the insurer to notify CITY of any change or
termination in the policy.
6. NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees,
VENDOR shall not discriminate on the basis of race, creed, color, religion, sex, physical
handicap, ethnic background or country of origin.
7. INDEPENDENT CONTRACTOR.
VENDOR shall perform work tasks provided by this Agreement, but for all intents and
purposes VENDOR shall be an independent contractor and not an agent or employee of the
CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
Compensation, and other payroll deductions for VENDOR and its officers, agents, and
Y
employees,
and all business license, if an are required, in connection with the services to be
performed hereunder.
8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
VENDOR warrants that it possesses or shall obtain, and maintain a business registration
certificate pursuant to Chapter 5 of the Municipal Code, and any other license, permits,
qualifications;insurance and approval of whatever nature that are legally required of VENDOR
to practice its business or profession.
9. NOTICES.
Any notices to be given pursuant to this Agreement shall be deposited with the United
States Postal Service, postage prepaid and addressed as follows:
TO THE CITY: Public Services Director
300 North"D" Street
San Bernardino, CA 92418
Telephone: (909) 384-5140
TO THE VENDOR: Pavement Recycling Systems, Inc.
P.O. Box 1266
Riverside, CA 92502
Telephone: (951) 682-1091
10. ATTORNEYS' FEES
In the event that litigation is brought by any party in connection with this Agreement,
the prevailing party shall be entitled to recover from the opposing party all costs and expenses,
including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of
its rights or remedies hereunder or the enforcement of any of the terms, conditions or
provisions hereof. The costs, salary and expenses of the City Attorney and members of his
office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys'
fees" for the purposes of this paragraph.
11. ASSIGNMENT.
VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or
encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior
written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void
and shall constitute a breach of this Agreement and cause for the termination of this
Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR
of VENDOR's obligation to perform all other obligations to be performed by VENDOR
hereunder for the term of this Agreement.
12. VENUE.
The parties hereto agree that all actions or proceedings arising in connection with this
Agreement shall be tried and litigated either in the State courts located in the County of San
Bernardino, State of California or the U.S. District Court for the Central District of California,
Riverside Division. The aforementioned choice of venue is intended by the parties to be the
mandatory and not permissive in nature.
13. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
14. SUCCESSORS AND ASSIGNS.
This Agreement shall be binding on and inure to the benefit of the parties to this
Agreement and their respective heirs, representatives, successors, and assigns.
15. HEADINGS.
The subject headings of the sections of this Agreement are included for the purposes of
convenience only and shall not affect the construction or the interpretation of any of its
provisions.
16. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between the
parties, and supercedes any prior agreements and understandings relating to the subject manner
of this Agreement. This Agreement may be modified or amended only by a written instrument
executed by all parties to this Agreement.
///
i
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated: , 2007 VENDOR.
By:
Its:
Dated 92007 CITY OF SAN BERNARDINO
By:
Patrick J. Morris, Mayor
Approved as to Form:
By:
Ja s F. Penman, City Attorney