HomeMy WebLinkAbout19-Public Services CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION
lam, From: Ken Fischer, Director Subject: Resolutions of the Mayor and
Common Council of the City of San Bemardino
Dept: Public Services authorizing increases to Contract Purchase
Order Number 08-062 in the amount of
Date: April 24, 2008 $230,000 to Matich Corporation and Contract
Purchase Order Number 08-063 in the amount
of $25,000 to Pavement Recycling Systems,
Inc. pursuant to Section 3.04.010 B-3 of the
Municipal Code for City street repairs.
Meeting Date: May 5, 2008
Synopsis of Previous Council Actions:
April 7, 2008 -Resolution No. 2008-110 (A) the Mayor and Common Council of the City of San
Bernardino authorized an increase to contract Purchase Order Number 08-062 in the amount of
$176,000 to Matich Corporation for additional street paving services.
April 7, 2008 -Resolution No. 2008-111 (B) the Mayor and Common Council of the City of San
Bernardino authorized an increase to contract Purchase Order Number 08-063 in the amount of
$22,000 to Pavement Recycling Systems, Inc. for additional cold planing services, labor and
equipment rental for City street repairs.
Recommended Motion:
{""` 1) Adopt Resolutions.
L,,,,,. 2) Authorize the Director of Finance to amend the FY 07-08 CIP Budget by transferring $141,500 from
Account Number 240-379-5504-7777 (34"' St. - Mt. View to Leroy) into Account Number 240-379-
5504-7629 (40'" St. -Waterman Ave to Valencia Ave).
Signature
Contact person: Ken Fischer, Director Phone:. 5140
Supporting data attached: Ward: 4,7
Staff Report and Resolutions
FUNDING REQUIREMENTS: Amount: $255,000
Source: See Staff Report
Finance:
Council Notes:
Agenda Item No.
3/,~ID~
CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL
Staff Report
Subject:
Resolutions of the Mayor and Common Council of the City of San Bernardino
authorizing increases to Contract Purchase Order No. 08-062 in the amount of
$230,000 to Matich Corporation and Contract Purchase Order No. 08-063 in the amount
of $25,000 to Pavement Recycling Systems, Inc. pursuant to Section 3.04.010 B-3 of
the Municipal Code for Ciry street repairs.
Background:
On April 7, 2008, the Mayor and Common Council authorized increases to Contract
Purchase Order No. 08-062 in the amount of $176,000 to Matich Corporation and
Contract Purchase Order No. 08-063 in the amount of $22,000 to Pavement Recycling
Systems, Inc for city street repairs per Resolutions 2008-110 (A) and 2008-111 (B).
Development Services has recently asked Public Services to add an additional mill and
overlay project budgeted in this year's Capital Improvement Budget (CIP). The project
is:
(SS06-55) Pavement rehabilitation of 40~' St. from Waterman Ave. to Valencia, for an
estimated paving cost of $135,400
'~ This project will complete street improvements from Waterman all the way to the
Harrison wash if staff is also allowed to use $141,500 in project saving from Project No.
04-132 (34~' St. from Mt. View to LeRoy) Account No. 240-379-5504-7777.
We will need to increase our spending authority with Pavement Recycling Systems so .
they can grind the roadway, and increase our purchasing authority with the Matich
Corporation so they can repave the roadway.
Public Services has an agreement with Pavement Recycling Systems authorizing up to
$284,000 in cold planing services. We have a purchase order approved for $267,300.
By increasing our purchase order by an additional $25,000, we will be able to complete
the pavement grinding necessary to complete the budgeted work on 40~' St. from
Waterman Ave. to Harrison Wash. Staff recommends increasing PO Number 08-063 by
an additional $25,000 (See Amendment No. 1 to Vendor Service Agreement).
Public Services has an agreement with Matich Corporation authorizing $2,022,955 for
street paving. We have a purchase order amount of $1,762,560. Therefore, we have
the ability to increase our purchase order by the $230,000 necessary to complete the
budgeted work on 40~' St. from Waterman Ave. to Harrison Wash. Staff recommends
increasing PO Number 08-062 by an additional $230,000.
~...-
1
CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION
r~ Staff Report- Continued
Financial Impact:
The total cost of the project is $276,900. However, $230,000 is for Matich Corporation
and $25,000 is for Pavement Recycling Systems. Another company will do the stripping
and looping for $21,900.
Staff will utilize project savings from Project No. 04-132 (34"' St. from Mt. View to
LeRoy) Account No. 240-379-5504-7777 in the amount of $141,500.
Funds for Matich Corporation (paving the roadway) will be available in the FY 07-08
Budget, Account No. 240-379-5504-7629 (40`" St. from Waterman Ave. to Valencia) in
the amount of $230,000 once the transfer from Account No. 240-379-5504-7777 (34`"
St. from Mt. View to Leroy) in the amount of $126,500 is completed.
Funds for Pavement Recycling Systems (grinding the roadway) will be available in the
FY 07-08 Capital Improvement Budget, Account No. 240-379-5504-7629 (40~' St. from
Waterman Ave. to Valencia) in the amount of $25,000 once the transfer from Account
No. 240-379-5504-7777 (34`h St. from Mt. View to Leroy) in the amount of $15,000 is
completed.
Recommendation:
~ 1) Adopt Resolutions.
2) Authorize the Director of Finance to amend the FY 07-08 CIP Budget by transferring
$141,500 from Account Number 240-379-5504-7777 (34~' St. - Mt. View to Leroy) into
Account Number 240-379-5504-7629 (40~' St. -Waterman Ave to Valencia Ave).
2
~ i RESOLUTION NO: -
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
3 SAN BERNARDINO AUTHORIZING AN INCREASE TO CONTRACT PURCHASE
ORDER NUMBER 08-062 IN THE AMOUNT OF $230,000 TO MATICH
4 CORPORATION PURSUANT TO SECTION 3.04.010 B-3 OF THE MUNICIPAL
CODE FOR ADDITIONAL STREET PAVING SERVICES.
b
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
6 OF SAN BERNARDINO AS FOLLOWS:
7 WHEREAS, the current Contract Purchase Order Number 08-062 of
8 $1,762,560 needs to be increased by $230,000 for a total Contract Purchase Order
9
amount of $1,992,560;
10
11 SECTION 1. Pursuant to this determination the Director of Finance or his/her
12 designee is hereby authorized to increase Contract Purchase Order Number 08-062
13 by $230,000.
~,,,,,. 14 SECTION 2. This purchase is exempt from the formal contract procedures of
15 Section 3.04.010 of the Municipal Code, pursuant to Section 3.04.010. B-3 of said
16
Code "Purchases approved by the Mayor and Common Council".
17
18 SECTION 3. The Contract Purchase Order shall reference this Resolution No.
19 2008 and shall read, "Matich Corporation for additional street paving
20 services."
21 SECTION 4. The authorization to execute the above referenced Contract
~ Purchase Order is rescinded if it is not issued within sixty (60) days of the passage of
23
this resolution.
24
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28 (v0. ~ I /4
S-S-D$
1 RESOLUTION OF THE MAYOR AND-COMMON COUNCIL OF THE CITY OF
`'+-- SAN BERNARDINO AUTHORIZING AN INCREASE TO CONTRACT PURCHASE
2 ORDER NUMBER 08-062 IN THE AMOUNT OF $230,000 TO MATICH
CORPORATION PURSUANT TO SECTION 3.04.010 B-3 OF THE MUNICIPAL
3 CODE FOR ADDITIONAL STREET PAVING SERVICES.
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
b
Mayor and Common Council of the City of San Bernardino at a
6
7 meeting thereof, held on the day of 2008, by the
8 following vote, to wit:
g Council Members: AYES NAYS ABSTAIN ABSENT
10 ESTRADA
11 BAXTER
12 BRINKER
13
DERRY
t.,r, 14
15 KELLEY
16 JOHNSON
17 MCCAMMACK
18
19
20 Rachel G. Clark, City Clerk
21 The foregoing resolution is hereby approved this day of
~ , 2008.
23
Patrick J. Morris, Mayor
24 City of San Bemardino
Approved as to Form:
25 '
26 By'
Tim Sabo
:,--, 27 Special Counsel
28
RESOLUTION NO.
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
2 SAN BERNARDINO AUTHORIZING 7HE APPROVAL OF AMENDMENT NO. 1 TO
THE VENDOR SERVICE AGREEMENT AND INCREASE TO CONTRACT
3 PURCHASE ORDER NUMBER 08-063 IN THE AMOUNT OF $25,000 TO
4 PAVEMENT RECYCLING SYSTEMS, INC. PURSUANT TO SECTION 3.04.010 B-3
OF THE MUNICIPAL CODE FOR ADDITIONAL COLD PLANING SERVICES,
5 LABOR AND EQUIPMENT RENTAL FOR CITY STREET REPAIRS.
g BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
7
8 WHEREAS, the current Contract Purchase Order Number 08-063 of $267,300
9 needs to be increased by $25,000 for a total Contract Purchase Order amount of
10 $292,300;
11 SECTION 1. The City Manager of the City of San Bernardino is hereby
12 authorized to execute on behalf of said City Amendment No. 1 to the Vendor Service
13
Agreement between the City of San Bernardino and West Coast Arborists, Inc., a copy
14
15 of which is attached hereto, marked as Exhibit "A", and incorporated herein by this
16 reference as fully as though set forth at length.
17 SECTION 2. Pursuant to this determination the Director of Finance or his/her
18 designee is hereby authorized to increase Contract Purchase Order Number 08-063
19 by $25,000.
20 SECTION 3. This purchase is exempt from the formal contract procedures of
21
Section 3.04.010 of the Municipal Code, pursuant to Section 3.04.010. B-3 of said
22
~ Code "Purchases approved by the Mayor and Common Council".
~ SECTION 4. The Contract Purchase Order shall reference this Resolution No.
25 2008 and shall read, "Pavement Recycling Systems, Inc. for additional cold
,.... 26 planing services, labor and equipment renta? for city street repairs."
27
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~ /Ufl.19B
5-~
_ RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
1 SAN BERNARDINO AUTHORIZING THE APPROVAL OF AMENDMENT N0. 1 TO
'~° THE VENDOR SERVICE AGREEMENT AND INCREASE TO CONTRACT
2 PURCHASE ORDER NUMBER 08-063 IN THE AMOUNT OF $25,000 TO
PAVEMENT RECYCLING SYSTEMS, INC. PURSUANT TO SECTION 3.04.010 B-3
3 OF THE MUNICIPAL CODE FOR ADDITIONAL COLD PLANING SERVICES,
4 LABOR AND EQUIPMENT RENTAL FOR CITY STREET REPAIRS.
5 SECTION 5. The authorization to execute the above referenced Purchase
g Order is rescinded if it is not issued within sixty (60) days of the passage of this
7 resolution.
8 /I/ .
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF 7HE CITY OF
1 SAN BERNARDINO AUTHORIZING THE AP-PROYAL OF AMENDMENT NO. 1 TO
"~- THE VENDOR SERVICE AGREEMENT AND INCREASE TO CONTRACT
2 PURCHASE ORDER NUMBER 08-063 IN THE AMOUNT OF $25,000 TO
PAVEMENT RECYCLING SYSTEMS, INC. PURSUANT TO SECTION 3.04.010 B-3
3 OF THE MUNICIPAL CODE FOR ADDITIONAL COLD PLANING SERVICES,
4 LABOR AND EQUIPMENT RENTAL FOR CITY STREET REPAIRS.
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
s
Mayor and Common Council of the City of San Bernardino at a
7
8 meeting thereof, held on the day of , 2008, by the
9 following vote, to wit:
10 Council Members: AYES NAYS ABSTAIN ABSENT
11 ESTRADA
12 BAXTER
13
BRINKER
'~- 14
DERRY
15
16 KELLEY
17 JOHNSON
18 MCCAMMACK
19
20
21 Rachel G. Clark, City Clerk
22 The foregoing resolution is hereby approved this day of
~ , 2008.
24
Patrick J. Morris, Mayor
25 City of San Bernardino
Approved as to Form:
26
`"" 27 '
By:
28 Tim Sab
Special Counsel
~ i AMENDMENT NO. I TO VENDOR SERVICE AGREEMENT
2
3 This Agreement is entered into this 5th day of Mav 2008, by and between
4 Pavement Recycling Systems, Inc. ("VENDOR") and the City of San Bemazdino
("CITY" or "San Bernardino").
b
6
7 RECITALS
8
9 A. On Apri12, 2007, Pavement Recycling Systems, Inc. and the City of San
10 Bernazdino entered into a Vendor Service Agreement for cold planing services,
labor and equipment rental for City street repairs for a total of $284,000, a copy of
it
which is attached hereto as Attachment "1"and incorporated by this reference.
12 B. The CITY and VENDOR now desire to alter the Agreement to increase the
,..._ 13 amount of the Agreement by $8,300 for a total not-to-exceed $292,300.
~'""' 14
15 AGREEMENT
16
17 In consideration of the mutteal promises contained in the Vendor Service
Ageement, the parties agree as follows:
18
19 I. Increase contract Purchase Order Number 08-063 by an additional $8,300
20 2, The other provisions of the written contract aze reaffirmed as originally stated.
21
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25 ii/
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ti...- 27
28
Exhibit "A"
~...- 1 AMENDMENT NO. 1 TO VENDOR SERVICE AGREEMENT
2 PAVEMENT RECYCLING SYSTEMS, INC.
3 IN WITNESS THEREOF, the parties hereto have executed the Agreement on the day
4 and date first above written.
5
6 Dated: , 2008 Pavement Recycling Systems, Inc.
7
By:
8
9
10
11 Dated: , 2008 CITY OF SAN BERNARDINO
12
13
By: Fred Wilson, City Manager
4.y.. 14
15
16 ATTEST:
17
18
19
Rachel Clark, City Clerk
20
21
22
23 Approved as to form:
24
~ James F. Penman, City Attorney
26
,.. By:
''~' 27
28
Exhibit "A"
1 AMENDMENT NO. 1 TO VENDOR SE~iVICE AGREEMENT
2
3 This Agreement is entered into this 5th day of Mav 2008, by and between
Pavement Recycling Systems, Inc. ("VENDOR") and the City of San Bernazdino
4 ("CITY" or "San Bernardino").
5
6
7 RECITALS
8
9 A. On April 2, 2007, Pavement Recycling Systems, Inc. and the City of San
Bernazdino entered into a Vendor Service Agreement for cold planing services,
10
labor and equipment rental for City street repairs for a total of $284,000, a copy of
11 which is attached hereto as Attachment "1"and incorporated by this reference.
12 B. The CITY and VENDOR now desire to alter the Agreement to increase the
13 amount of the Agreement by $8,300 for a total not-to-exceed $292,300.
,,,,., 14
15 AGREEMENT
16
In consideration of the mutual promises contained in the Vendor Service
17 Agreement, the pazties agree as follows:
18
19 1. Increase contract Purchase Order Number 08-063 by an additional $8,300
20 2. The other provisions of the written contract aze reaffirmed as originally stated.
21
~
iu
~ ni
~ ni
~ .
2s
'°~~- 27
28
Exhibit "A"
1 AMENDMENT NO. 1 TO VENDOR SERVICE AGREEMENT
*»~- PAVEMENT RECYCLING SYSTEMS, INC.
2
3 IN WITNESS THEREOF, the parties hereto have executed the Agreement on the day
4 and date first above written.
5
Dated: , 2008 Pavement Recycling Systems, Inc.
6
7 By:
8
9
10
Dated: , 2008 CITY OF SAN BERNARDINO
11
12
13 By: Fred Wilson, City Manager
w~ 14
15
16 ATTEST:
17
18
19 Rachel Clark, City Clerk
20
21
22
~ Approved as to form:
24
Tim Sabo, Special Counsel
25
26 By.
`'-W 27
28
Exhibit "A"
2007-107
• ATTACHMENT "I"
- •- VENDOR SERVICE AGREEMENT
,~ 1 - ----
This Vendor Service Agreement is entered into this 2nd day of April
2
3 2007, by and between Pavement Recycling Systems, Inc. ("VENDOR") and the City of San
4 Bemazdino ("CITY" or "San Bemazdino").
5 WITNESSETH:
6 WHEREAS, the Mayor and Common Council has determined that it is advantageous
~ and in the best interest of the C[TY to contract for the completion of cold milling, labor and
8
equipment rental for City street repairs; and
9
10 WHEREAS, the City of San Bemazdino did solicit and accept proposals and bids from
11 a number of vendors for cold milling, tabor and equipment rental for City street repairs.
12 NOW, THEREFORE, the parties hereto agree as follows:
13 1. SCOPE OF SERVICES.
~"" 14 For the remuneration stipulated, San Bernardino hereby engages the services of
15 VENDOR to provide those products and services as set forth in Bid Specifications No. RFQ F-
16
07-29, for Cold Planning Services, dated January 30, 2007, attached hereto and incorporated
17
18 herein by this reference.
19 2. COMPENSATION AND EXPENSES.
2Q a. For the services delineated above, the CITY, upon presentation of an invoice, shall
2l 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).
23
b. No other expenditures made by VENDOR shall be reimbursed by CITY,
24
~ 3. TERM; SEVERABILITY.
~ The term of this Agreement shall be for a period of one year.
~`"" 27
28
This Agreement may be terminated at any time by thirty (30) days written notice by
`~,... i - - - -
2 her party. The terms of this Agreement shall remain in force unless mutually amended. The
lion of this Agreement may be extended with the written consent of both parties.
INDEMNITY.
5 CITY agrees to indemnify and hold harmless VENDOR, its officers, agents and
iunteers from any and al] claims, actions, or losses, damages and/or liability resulting from
7 TY's negligent acts or omissions azising from the CITY's performance of its obligations
8
der the Agreement.
9
10 VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, and
li ?unteers from any and all claim, actions, or losses, damages and/or liability resulting from
1 NDOR's negligent acts or omissions arising from the VENDOR'S performance of its
-~- 1 ligations under the Agreement.
`'""" 14
In the event the CITY and/or the VENDOR is found to be compazatively at fault for any
15
im, action, ?oss, or damage which results from their respective obligations under the
16
reement, the CITY and/or VENDOR shall indemnify the other to the extent of this
17
18 mparative fault.
i INSURANCE.
20 While not restricting or limiting the forgoing, during the term of this Agreement,
21 NDOR shall maintain in effect policies of comprehensive public, general and automobile
bility insurance, in the amount of $1,000,000.00 combined single limit, and statutory
28
orker's compensation coverage, and shall file copies of said policies with the CITY'S Risk
24
~ anager prior to undertaking any work under this Agreement. CITY shall be set forth as an
~- 26 ditional named insured in each policy of insurance provided hereunder. The Certificate of
~`'" 27
28
Insurance famished to the CITY shall require the insurer to notify CITY of any change or
2 termination in the policy.
8 6. NON-DISCRIMINATION.
4 In the performance of this Agreement and in the hiring and recruitment of employees,
5 VENDOR shall not discriminate on the basis of race, creed, color, religion, sex, physical
6 handicap, ethnic background or country of origin.
7
7. INDEPENDENT CONTRACTOR.
8
VENDOR shall perform work tasks provided by [his Agreement, but for all intents and
9
10 purposes VENDOR shall be an independent contractor and not an agent or employee of the
11 CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
12 Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
-~., 1$ Compensation, and other payroll deductions for VENDOR and its officers, agents, and
''~ 14
employees, and all business license, if any are required, in connection with the services to be
15
performed hereunder.
i6
17 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
18 VENDOR warrants that it possesses or shall obtain, and maintain a business registration
19 certificate pursuant to Chapter 5 of the Municipal Code, and any other license, permits,
20 qualifications, insurance and approval of whatever nature that aze legally required of VENDOR
21 to practice its business or profession.
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- 9. NOTICES.
a,.- 1 - -
2 Any notices to be given pursuant [o this Agreement shall be deposited with the United
3 States Postal Service, postage prepaid and addressed as follows:
¢ TO THE CITY: Public Services Director
300 North "D" Street
5 San Bemazdino, CA 92418
6 Telephone: (909) 384-SI40
7 TO THE VENDOR: Pavement Recycling Systems, Inc.
P.O. Box 1266
$ Riverside, CA 92502
Telephone: (951)682-1091
9
10 10. ATTORNEYS' FEES
it
In the event that litigation is brought by any party in connection with this Agreement,
12
the prevailing party shall be entitled to recover from the opposing party all costs and expenses,
13
,~ 1¢ including reasonable attomeys' fees, incurred by the prevailing party in the exercise of any of
15 its rights or remedies hereunder or the enforcement of any of the terms, conditions or
16 provisions hereof. The costs, salary and expenses of the City Attorney and members of his
17 office in enforcing this Agreement on behalf of the CITY shall be considered as "attomeys'
18 fees" for the purposes of this pazagraph.
19
11. ASSIGNMENT.
20
VENDOR shall not voluntazily or by operation of law assign, transfer, subset or
21
,~ 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
24 and shall constitute a breach of this Agreement and cause for the termination of this
~ Agreement. Regazdless of CITY'S consent, no subletting or assignment shall release VENDOR
_ 26
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28
` of VENDOR'S obligation to perform all other obligations to be performed by VENDOR
2 hereunder for the term of this Agreement.
3 12. VENUE.
4 The parties hereto agree that all actions or proceedings arising in connection with this
5 Agreement shall be tried and litigated either in the State courts located in the County of San
6 Bernardino, State of California of the U.S. District Court for the Central District of California,
7
Riverside Division. The aforementioned choice of venue is intended by the parties to be the
8
9 mandatory and not permissive in nature.
!0 13. GOVERNING LAW.
11 This Agreement shalt be governed by the laws of the State of California.
12 14. SUCCESSORS AND ASSIGNS.
13 This Agreement shall be binding on and inure to the benefit of the parties to this
~" 14 Agreement and their respective heirs, representatives, successors, and assigns.
i5
15. HEADINGS.
16
17 The subject headings of the sections of this Agreement are included for the purposes of
18 convenience only and shall not affect the construction or the interpretation of any of its
19 provisions.
20 lb. ENTIRE AGREEMENT; MODIFICATION.
2I This Agreement constitutes the entire agreement and the understanding between the
22
parties, and supersedes any prior agreements and understandings relating to the subject manner
23
of this Agreement. This Agreement may be modified or amended only by a written instrument
24
~ executed by all parties to this Agreement.
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28
~- IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
2
8 Dated: , 2007 VEN
4 By:
5 Its:
6 Dated , 2007 CITY OF SAN BERNARDINO
~ By:
g Pa 'ck J. Mom , ayor
9
10 Approved as to Form:
11
12 By: ,~~..,
Ja F. Penman, City Attorney
,,,~,, 13
"`~' 14
15
16
17
18
19
20
21
22
23
24
25
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~"•- 27
28
~.,, 1 AMENDMENT NO.1 TO VENDOR SERVICE AGREEMENT
2
3 This Agreement is entered into this 5th day of Mav 2008, by and between
Pavement Recycling Systems, Inc. ("VENDOR") and the City of San Bernazdino
4
("CITY" or "San Bemazdino").
5
6
7 RECITALS
8 .
9 A. On Apri12, 2007, Pavement Recycling Systems, Inc. and the City of San
10 Bernardino entered into a Vendor Service Agreement for cold planing services,
labor and equipment rental for City street repairs for a total of $284,000, a copy of
11 which is attached hereto as Attachment "1"and incorporated by this reference.
12 B. The CITY and VENDOR now desire to alter the Agreement to increase the
13 amount of the Agreement by $8,300 for a total not-to-exceed $292,300.
`'~" 14
15 AGREEMENT
16
In consideration of the mutual promises contained in the Vendor Service
17 Agreement, the patties agree as follows:
18
19 1. Increase contract Purchase Order Number 08-063 by an additional $8,300
20 2• The other provisions of the written contract aze reaffirmed as originally stated.
21
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1 AMENDMENT NO. 1 TO VENDOR SERVICE AGREEMENT
PAVEMENT RECYCLING SYSTEMS, INC.
2
g IN WITNESS THEREOF, the parties hereto have executed the Agreement on the day
4 and date first above written.
5
Dated: , 2008 Pavement Recycling Systems, Inc.
6
7 By.
8
9
10
11 Dated: , 2008 CITY OF SAN BERNARDINO
12
,..,. 13 By: Fred Wilson, City Manager
~..- 14
15
16 ATTEST:
17
18
19 Rache] Clark, City Clerk
20
21
22
~ Approved as to form:
24
Tim Sabo, Special Counsel
25
26 By: ~i~~
27
28
2007-107
ATTACHMENT "I"
VENDOR SERVICE AGREEMENT
1 -
This Vendor Service Agreement is entered into this 2nd day of April
2
$ 2007, by and between Pavement Recycling Systems, Inc. ("VENDOR") and the City of San
4 Bemazdino ("CITY" or "San Bemazdino").
b WITNESSETH:
6 WHEREAS, the Mayor and Common Council has determined that it is advantageous
7 and in the best interest of the CITY to contract for the completion of cold milling, labor and
8
equipment rental for City street repairs; and
9
10 WHEREAS, the City of San Bemazdino did solicit and accept proposals and bids from
11 a number of vendors for cold milling, labor and equipment rental for City street repairs.
12 NOW, THEREFORE, the parties hereto agree as follows:
,~,,,, 13 I. SCOPE OF SERVICES.
14 For the remuneration stipulated, San Bernardino hereby engages the services of
15 VENDOR to provide those products and services as set forth in Bid Specifications No. RFQ F-
16
07-29, for Cold Planning Services, dated Januazy 30, 2007, attached hereto and incorporated
17
18 herein by this reference.
19 2. COMPENSATION AND EXPENSES.
20 a. For the services delineated above, the CITY, upon presentation of an invoice, shall
21 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).
23
b. No other expenditures made by VENDOR shall be reimbursed by CITY,
24
~ 3. TERM; SEVERABILITY.
,- 26 The term of this Agreement shall be for a period of one yeaz.
~`" 27
28
,,,~., This Agreement may be terminated at any time by thirty (30) days written notice by
,~ 1 - - -
2 her party. The terms of this Agreement shall remain in force unless mutually amended. The
ation of this Agreement may be extended with the written consent of both parties.
INDEMNITY.
b CITY agrees to indemnify and hold harmless VENDOR, its officers, agents and
lunteers from any and all claims, actions, or losses, damages and/or liability resulting from
7 TY's negligent acts or omissions arising from the CITY's performance of its obligations
8
der the Agreement.
9
10 VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, and
11 lunteers from any and all claim, actions, or losses, damages and/or liability resulting from
1 NDOR's negligent acts or omissions arising from the VENDOR'S performance of its
1 ligations under the Agreement.
r
i+r.. 14 In the event the CITY and/or the VENDOR is found to be compazatively at fault for any
15 im, action, loss, or damage which results from their respective obligations under the
16
17 greement, the CITY and/or VENDOR shall indemnify the other to the extent of this
18 mpazative fault.
1 INSURANCE.
20 While not restricting or limiting the forgoing, during the term of this Agreement,
21 ENDOR shall maintain in effect policies of comprehensive public, general and automobile
bility insurance, in the amount of $1,000,000.00 combined single limit, and statutory
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orker's compensation coverage, and shall file copies of said policies with the CITY's Risk
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~ anager prior to undertaking any work under this Agreement. CITY shall be set forth as an
~ ditional named insured in each policy of insurance provided hereunder. The Certificate of
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Insurance famished to the CITY shall require the insurer to notify CITY of any change or
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2 termination in the policy.
3 6. NON-DISCRIMINATION.
4 In the performance of this Agreement and in the hiring and recruitment of employees,
5 VENDOR shall not discriminate on the basis of race, creed, color, religion, sex, physical
s handicap, ethnic background or country of origin.
7 7. INDEPENDENT CONTRACTOR.
8
VENDOR shall perform work tasks provided by this Agreement, but for all intents and
10 purposes VENDOR shall be an independent contractor and not an agent or employee of the
11 CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
12 Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
13 Compensation, and other payroll deductions for VENDOR and its officers, agents, and
g.~
~,,,. 14 employees, and all business license, if any are required, in connection with the services to be
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performed hereunder.
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8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
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18 VENDOR warrants that it possesses or shall obtain, and maintain a business registration
19 certificate pursuant to Chapter 5 of the Municipal Code, and any other license, permits,
20 qualifications, insurance and approval of whatever nature that are legally required of VENDOR
21 to practice its business or profession.
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9. NOTICES.
2 Any notices to be given pursuant to this Agreement shall be deposited with the United
3 States Postal Service, postage prepaid and addressed as follows:
4 TO THE CITY: Public Services Director
300 North "D" Street
5 San Bemazdino, CA 92418
6 Telephone: (909) 384-5140
~ TO THE VENDOR: Pavement Recycling Systems, Inc.
P.O. Box ] 266
g Riverside, CA 92502
Telephone: (951) 682-1091
9
IO 10. ATTORNEYS' FEES
it
In the event that litigation is brought by any party in connection with this Agreement,
12 the prevailing party shall be entitled to recover from the opposing party all costs and expenses,
_ 13
~,,,.. 14 including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of
15 its rights or remedies hereunder or the enforcement of any of the terms, conditions or
16 provisions hereof. The costs, salary and expenses of the City Attorney and members of his
17 office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys'
18 fees" for the purposes of this pazagraph.
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11. ASSIGNMENT.
20
VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or
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~ 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
24 and shall constitute a breach of this Agreement and cause for the termination of this
~ Agreement. Regazdless of CITY'S consent, no subletting or assignment shall release VENDOR
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of VENDOR'S obligation to perform all other obligations to be performed by VENDOR
1 - ---
2 hereunder for the term of this Agreement.
3 12. VENUE.
4 The parties hereto agree that ali actions or proceedings arising in connection with this
5 Agreement shall be tried and litigated either in the State courts located in the County of San
6 Bernardino, State of Califomia or the U.S. District Court for the Central District of Califomia,
7
Riverside Division. The aforementioned choice of venue is intended by the parties to be the
8
9 mandatory and not permissivein nature.
10 13. GOVERNING LAW.
11 This Agreement shall be governed by the laws of the State of Califomia.
12 14. SUCCESSORS AND ASSIGNS.
~ 13 This Agreement shall be binding on and inure to the benefit of the parties to this
~r 14 Agreement and their respective heirs, representatives, successors, and assigns.
15
I5. HEADINGS.
16
17 The subject headings of the sections of this Agreement are included for the purposes of
18 convenience only and shall not affect the construction or the interpretation of any of its
19 provisions.
20 16. ENTIRE AGREEMENT; MODIFICATION.
21 't'his Agreement constitutes the entire agreement and the understanding between the
22
parties, and supersedes any prior agreements and understandings relating to the subject manner
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of this Agreement. This Agreement may be modified or amended only by a written instrument
24
~ executed by all parties to this Agreement.
26 //~
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IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
! - - - - -
~`'^' and date set forth below.
2
3 Dated: , 2007 VEN
4 By:
5 Its:
6 Dated , 2007 CITY OF SAN BERNARDINO
7 By:
8 Pa ick J. Mom , Mayor
9
to Approved as to Form:
ii p
12 By: ,rti-,...~
Ja s F. Penman, City Attorney
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