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HomeMy WebLinkAbout26-Public Services ORIGINAL CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Dept: Public Services Subject: Resolution of the Mayor and Common Council of the City of San Bernardino authorizing Amendment No. 1 to the Vendor Service Agreement with Pavement Recycling Systems Incorporated for cold planing services, labor and equipment rental for City street repairs and authorizing exercise of the second year option and issuance of a Purchase Order in the amount of $460,494. From: Ken Fischer, Director Date: August 29, 2008 Meeting Date: September 2, 2008 Synopsis of Previous Council Action: October 1, 2007- Resolution No. 2007-410- Council authorized the execution of a purchase order in the amount of $245,300 by exercising its first year option with Pavement Recycling Systems Inc., for cold planing services, labor and equipment rental for City street repairs Recommended Motion: Adopt Resolution. D~AJ~ Si re Contact person: Ken Fischer, Director Supporting data attached: Staff Report, Resolution, Amendment No.1 and Attachment "1" Phone: 5140 Ward: All FUNDING REQUIREMENTS: Amount: $460,494 Source: FY 08-09 Account Numbers (See attached) Finance: Council Notes: ~I) Zco,f'-.34P Agenda Item No. 2u q. z-d8 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: Resolution of the Mayor and Common Council of the City of San Bernardino authorizing Amendment No. 1 to the Vendor Service Agreement with Pavement Recycling Systems Incorporated for cold planing services, labor and equipment rental for City street repairs and authorizing exercise of the second year option and issuance of a Purchase Order in the amount of $460,494. BACKGROUND: On April 2, 2007, the Mayor and Council approved Resolution No. 2007-107 which authorized the execution of an agreement and issuance of a purchase order with Pavement Recycling Systems Incorporated in the amount $284,000 per RFQ- F-07-29. The approved bid agreement provided for two one-year renewal options at the discretion of the City. On October 1,2007, the Mayor and Council approved Resolution No. 2007-410 which authorized the execution of the first year option with Pavement Recycling Systems Incorporated. Pavement Recycling Systems Incorporated has provided satisfactory grinding services in support of our mill and overlay maintenance program. Staff recommends that we exercise the City's second renewal option. Attached is a listing of the affected wards, capital improvement CIP numbers, physical project locations, account numbers and dollar amounts to be spent on cold planing/pavement grinding (Attachment "1 "). Approval of the proposed contract renewal option will allow these projects to be scheduled for completion this fiscal year. Thirteen (13) of these projects are funded with the State Infrastructure Loan (I Bank) funds and must be completed and invoiced for reimbursement before November 2, 2008. Therefore, staff is seeking approval now to allow completion of these projects before the November deadline. The project numbers for this years proposed projects will be filled in later. FINANCIAL IMPACT: Funds for this are available after the formal adoption of the 08-09 Capital Improvement Program (CIP) and have been budgeted in the FY 08-09 CIP Budget (See attached). RECOMMENDATION: Adopt Resolution. RFQ F-07-29 City of San Bernardino TECHNICAL SPECIFICATIONS BID SPECIFICATION NO: RFQ F-07-29 COLD PLANING SERVICE NOTICE : "SPECIAL INSTRUCTIONS TO THE BIDDER" Services: Bidder shall complete right-hand column indicating brief reasoning for exceptions to requirements when not acceptable. State "Acceptable" if requirements are agreeable as set forth in left-hand column. Equipment: The City of San Bernardino is accepting bids for the cold planing of approximately 2,000,000 Square Feet of 1.5 inch of asphalt on various City streets. Two grinders will be used each scheduled S to JO hour days for the planing of the asphalt. The main section of the street will need a large planer from the 96-inch to 4S-inch and the IS-inch planer for manholes, ridges, water gate valves, and header cuts. Bidder shall complete right-hand column indicating specific size and or make and model of all components when not exactly as specified. State "As Specified" if item is exactly as set forth in the left-hand column. FAILURE TO COMPLETE RIGHT HAND COLUMN WILL INVALIDATE BID REOUlREMENTS ACCEPTABLE! AS SPECIFiED The contractor will provide (2) two grinders, (2) operators and (1) one spotter/grade checker for maintenance and repair operations for the Street Division A teep~D\e.... of the Public Service Department for the City of San Bernardino per specifications below. The Contractor will provide: I) A 96" 800 hp Cold Planing grinder with one operator and one f>..<.c.~\,>~....bl",- spotter! grade checker. The Contractor will provide: 2) A 84" Cold Planing grinder with one operator and one spotter! f>. ~c."p\-a~\,- grade checker The Contractor will provide: . RFQ F-07-29 3) A 72" Cold Planing grinder with one operator and one spotter! 1\ c.c..~+f\\::'Ic... grade checker. . The Contractor will provide: 4) A 48" Cold planing grinder with one operator. Mobilization f\ c-c......p.\-p.ble. must be included with the daily rate. The Contractor will provide: 5) A 18" mini Cold Planing grinder with one operator eight hour A c.<-e.?-\....b Ie. day. Mobilization must be included with the daily rate. The Contractor will provide the following service: The contractor shall provide services on a per day Rental price that A (.c..e-p-.\.p..\:, \-e.. includes all manpower, all equipment. insurance, and mobilization cost. Please state daily rate on Request for Quotation form attached. BIDDER'S SIGNATURE: ~ C- ./A\~ (pRINT NAME) D ~ s OV\.-k - ~;c.r [.s.j,. ....J-....,..- ADDRESS: -p 0 "2. 0 l<- \ ,--l". (.. ~;04{'"s.iae...1 e.A- q"1..~OZ- NAME AND TELEPHONE NO. OF AUTHORIZED REPRESENTATIVE: c..tdZ..(2.~t'... \3,^~\~~e..~ '\S\-~'l."Z- - \O~\ RFQ F-07-29 REQUEST FOR QUOTES: DESCRIPTION OF RFQ: RFQ F-07-29 BIDDER'S NAME/ADDRESS: Cold Planing Services ~AJ~~-t~e.0c..li '\S <;l<.}.......s. Lvc... ~C> ~C>)( n...101,.,, ~;0e.rS~U<2-) vA ~<...SO,- NAMElTELEPHONE NO. OF AUTHORIZED REPRESENTATIVE ~\2..l2..;-e... ~'^ \\ \~ie.5 ~ <;" \- \.. ~ 1..- \.C> Cl, \ ANNUAL PURCHASE ORDER Effective on or about July I, 2006 through July 30, 2007 plus two (2) single year options, for City's partial requirements, on an as-needed basis, with no guaranteed usage. Option year one, if exercised, shall be effective July 1,2007 through June 30, 2008 Option year two, if exercised, shall be effective July 1,2008 through June 30, 2009. Prices may be adjusted annually (on the day the contract was signed by the City of San Bernardino and the vendor). Under no circumstances will adjustments in the fees exceed five (5) percent per additional period. Vendor must provide the City 60 (sixty) day written notification of any proposed price increase. Price increases shall become effective 30 (thirty) days after the City receives written notification of such increases. Vendor must also pass on any decreases in the same way. Actual option year pricing shall be negotiated with the successful Bidder(s) prior to exercising of any given option year. Option years shall become effective only upon issuance by the City of a duly authorized Purchase Order. 8 the lowest bid for cold planing services, labor and equipment rental for city street 9 repairs in the amount of $284,000 per Resolution No. 2007-107. 10 11 12 13 14 15 16 17 18 o o o RESOLUTION NO. 1 2 3 4 5 6 7 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AMENDMENT NO. 1 TO THE VENDOR SERVICE AGREEMENT WITH PAVEMENT RECYCLING SYSTEMS INCORPORATED FOR COLD PLANING SERVICES, LABOR AND EQUIPMENT RENTAL FOR CITY STREET REPAIRS AND AUTHORIZING EXERCISE OF THE SECOND YEAR OPTION AND ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $460,494. WHEREAS, Pavement Recycling Systems Incorporated previously submitted BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That the City Manager of the City of San Bernardino is hereby authorized to execute on behalf of said City an Amendment between the City of San Bernardino and Pavement Recycling Systems, Incorporated, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length. 19 20 21 22 23 24 25 26 27 28 SECTION 2. This purchase is exempt from the formal contract procedures of Section 3.040.010 of the Municipal Code, pursuant to Section 3.04.010. B.3 of said Code, "Purchases approved by the Mayor and Common Council." SECTION 3. Pursuant to this determination the Director of Finance or his/her. designee is hereby authorized to issue a purchase order to Pavement Recycling Systems, Incorporated in the amount of $460,494. /1/ /1/ c c 25 11/ 26 1/1 o 27 11/ 28 1 2 3 4 5 6 7 8 9 10 11 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AMENDMENT NO. 1 TO THE VENDOR SERVICE AGREEMENT WITH PAVEMENT RECYCLING SYSTEMS INCORPORATED FOR COLD PLANING SERVICES, LABOR AND EQUIPMENT RENTAL FOR CITY STREET REPAIRS AND AUTHORIZING EXERCISE OF THE SECOND YEAR OPTION AND ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $460,494. SECTION 4. The Purchase order shall reference this Resolution No. 2008 and shall read, "Pavement Recycling Systems, Incorporated for cold planing services, labor and equipment rental for city street repairs." SECTION 5. The authorization to execute the above referenced Purchase Order is rescinded i.f it is not issued within sixty (60) days of the passage of this resolution. 12 1/1 13 III 14 III 15 16 17 18 III 19 1/1 20 11/ 21 22 11/ 23 24 III 11/ 1/1 11/ c o o 1 2 3 4 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AMENDMENT NO. 1 TO THE VENDOR SERVICE AGREEMENT WITH PAVEMENT RECYCLING SYSTEMS INCORPORATED FOR COLD PLANING SERVICES, LABOR AND EQUIPMENT RENTAL FOR CITY STREET REPAIRS AND AUTHORIZING EXERCISE OF THE SECOND YEAR OPTION AND ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $460,494. 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of , 2008, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA BAXTER BRINKER DERRY KELLEY JOHNSON MCCAMMACK Rachel G. Clark, City Clerk The foregoing resolution is hereby approved this ,2008. day of Patrick J. Morris, Mayor City of San Bernardino Appr By: c c o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2. 22' 3. 23 24 25 26 27 28 AMENDMENT NO.1 TO VENDOR SERVICE AGREEMENT PAVEMENT RECYCLING SYSTEMS INCORPORATED This Agreement is entered into this 2nd day of September 2008, by and between Pavement Recycling Systems Incorporated ("VENDOR") and the City of San Bernardino ("CITY" or "San Bernardino"). RECITALS A. October 1, 2007, Pavement Recycling Systems Incorporated and the City of San Bernardino entered into a Vendor Service Agreement for cold planing services, labor and equipment rental for City street repairs in the amount of $245,300 by exercising its first year option per Resolution No. 2007-410. B. The CITY and VENDOR now desire to exercise the second year option and alter the Agreement to increase the amount of the Agreement by $215,194 for a total not-to-exceed purchase price of $460,494 as set forth in Attachment "I" and made a part hereto. AGREEMENT In consideration of the mutual promises contained In the Vendor Service Agreement, the parties agree as follows: 1. The total Agreement price shall be increased by $215,194 for a not-to-exceed the amount of $460,494. The term of this Agreement shall be for a period of one year. The other provisions of the written contract are reaffirmed as originally stated. III III III III III Exhibit "A" C 1 AMENDMENT NO.1 TO VENDOR SERVICE AGREEMENT PAVEMENT RECYCLING SYSTEMS INCORPORATED 2 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 INCORPORATED 7 8 9 By: 10 11 12 Dated: ,2008 CITY OF SAN BERNARDINO 13 0 14 15 By: Fred Wilson, City Manager 16 17 ATTEST: 18 19 20 Rachel Clark, City Clerk 21 22 23 Approved as to form: 24 25 James F. Penman City Attorney 26 0 27 By: 28 Exhibit "A" c c o "" . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AMENDMENT NO.1 TO VENDOR SERVICE AGREEMENT PAVEMENT RECYCLING SYSTEMS INCORPORATED This Agreement is entered into this 2nd day of September 2008, by and between Pavement Recycling Systems Incorporated ("VENDOR") and the City of San Bernardino ("CITY" or "San Bernardino"). RECITALS A. October I, 2007, Pavement Recycling Systems Incorporated and the City of San Bernardino entered into a Vendor Service Agreement for cold planing services, labor and equipment rental for City street repairs in the amount of $245,300 by exercising its first year option per Resolution No. 2007-410. B. The CITY and VENDOR now desire to exercise the second year option and alter the Agreement to increase the amount of the Agreement by $215,194 for a total not-to-exceed purchase price of $460,494 as set forth in Attachment "1" and made a part hereto. AGREEMENT In consideration of the mutual promises contained III the Vendor Service Agreement, the parties agree as follows: 1. The total Agreement price shall be increased by $215,194 for a not-to-exceed the amount of $460,494. 2. The term of this Agreement shall be for a period of one year. 3. The other provisions o(the written contract are reaffirmed as originally stated. III III III III III c' c c Attachment "1" Cold Planing Services, Labor and Equipment Rental CIP# WARD ACCOUNT # PROJECT LOCATION PAVEMENT RECYCLING 55 09-07 3 126-369-5504- Laurelwood from Tippecanoe to Feree $ 7,400 55 08-02 1,3 129-367-5504- G from 2nd to Mill $ 43,000 55 06-43 1 240-379-5504-7619 Rialto from 1-215 to F $ 9,600 258-359-5504-7619 55 06-08 3 240-379-5504- Rancho from Mill to Rialto $ 7,800 55 06-09 4,7 240-379-5504- Mountain from Lynwood to Marshall $ 6,500 5506-12 6 240-379-5504- Rialto from Pepper to Eucalyptus $ 3,800 55 06-22 3 240-379-5504- Auto Plaza from 1-215 to Fairway $ 22,000 55 06-26 1 240-379-5504- 4th from E to Arrowhead $ 10,000 55 06-37 1,3 240-379-5504-7616 4th from Mt. Vernon to 5th $ 18,000 55 09-01 6 240-379-5504- Medical Center from 16th to Highland $ 24,500 55 09-09 3 240-379-5504- Feree from Laurelwood to Coulston $ 5,000 5509-11 6 240-379-5504- Macy from Highland to County Line $ 7,500 5509-12 6 240-379-5504- Adams from Macy to San Carlo $ 5,500 5509-13 6 240-379-5504- Mesa from Duffy to San Anselmo $ 6,000 5509-19 6 240-379-5504- San Benito Court $ 3,000 5508-14 1,2 242-362-5504- E from 7th to Baseline $ 30,400 5509-10 1 248-368-5504- Stoddard & Oak (repair drain problem) $ 2,400 55 08-04 7 258-359-5504-7778 Lynwood from Golden to Del Rosa $ .16,900 55 08-06 1,2 258-359-5504-7779 Mt. View from 5th to Baseline $ 29,750 55 08-09 4,7 258-359-5504-7780 Parkdale from Mt. View to Waterman $ 14,090 5508-11 5 258-359-5504-7782 30th from Muscupiabe to "H" $ 13,000 5508-12 1,3 258-359-5504-7783 Rialto from Arrowhead to "E" $ 9,000 5508-19 5 258-359-5504-7784 Palm from Irvington to terminus $ 22,954 5504-147 3 258-359-5504-1 B2 Victoria from Tippecanoe to Richardson $ 13,000 5506-17 1 258-359-5504-1 B2 Tippecanoe from Baseline to Channel $ 6,000 5508-17 1 258-359-5504-1 B2 Sierra from 4th to 9th $ 21,500 55 09-03 5 258-359-5504-1 B2 Sun Valley from 48th to Reservoir $ 11,500 5509-04 2 258-359-5504-1 B2 29th from Lincoln to H $ 11,000 55 09-05 6 258-359-5504-1 B2 Hallmark Pkwy from University to Sun $ 23,000 55 09-06 7 258-359-5504-1 B2 33rd from E to D $ 4,000 55 09-08 4 258-359-5504-1 B2 Eureka from Camelia to Del Rosa $ 9,000 5509-14 5 258-359-5504-1 B2 Northpark from Sierra to Campus Pkwy $ 20.500 IWB onlv) 5509-15 7 258-359-5504-1 B2 Genevieve from 34th to 38th $ 14,500 5509-17 3 258-359-5504-1 B2 Coulston from Tippecanoe to Ferrell $ 8,400 TOTALS $ 460,494 c 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 c o AMENDMENT NO.1 TO VENDOR SERVICE AGREEMENT PAVEMENT RECYCLING SYSTEMS INCORPORATED This Agreement is entered into this 2nd day of September 2008, by and between Pavement Recycling Systems Incorporated ("VENDOR") and the City of San Bernardino ("CITY" or "San Bernardino"). RECITALS A. October 1, 2007, Pavement Recycling Systems Incorporated and the City of San Bernardino entered into a Vendor Service Agreement for cold planing services, labor and equipment rental for City street repairs in the amount of $245,300 by exercising its first year option per Resolution No. 2007-410. B. The CITY and VENDOR now desire to exercise the second year option and alter the Agreement to increase the amount of the Agreement by $215,194 for a total not-to-exceed purchase price of $460,494 as set forth in Attachment "1" and made a part hereto. AGREEMENT In consideration of the mutual promises contained 10 the Vendor Service Agreement, the parties agree as follows: 1. The total Agreement price shall be increased by $215,194 for a not-to-exceed the amount of $460,494. 2. The term of this Agreement shall be for a period of one year. 3. The other provisions of the written contract are reaffirmed as originally stated. III III III III III C 1 AMENDMENT NO.1 TO VENDOR SERVICE AGREEMENT PAVEMENT RECYCLING SYSTEMS INCORPORATED 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 6 INCORPORATED 7 8 By: 9 10 11 12 Dated: ,2008 CITY OF SAN BERNARDINO 13 0 14 15 By: Fred Wilson, City Manager 16 17 ATTEST: 18 19 20 Rachel Clark, City Clerk 21 22 23 Approved as to form: 24 25 James F. Penman City Attorney 0 26 27 28 Attachment "1" Cold Planing Services, Labor and Equipment Rental o CIP# I WARD ACCOUNT # PROJECT LOCATION PAVEMENT RECYCLING SS 09-07 3 126-369-5504- Laurelwood from Tippecanoe to Feree $ 7,400 SS 08-02 1,3 129-367 -5504- G from 2nd to Mill $ 43,000 SS 06-43 1 240-379-5504-7619 Rialto from 1-215 to F $ 9,600 258-359-5504-7619 SS 06-08 3 240-379-5504- Rancho from Mill to Rialto $ 7,800 SS 06-09 4,7 240-379-5504- Mountain from Lynwood to Marshall $ 6,500 SS 06-12 6 240-379-5504- Rialto from Pepper to Eucalyptus $ 3,800 SS 06-22 3 240-379-5504- Auto Piaza from 1-215 to Fairway $ 22,000 SS 06-26 1 240-379-5504- 4th from E to Arrowhead $ 10,000 SS 06-37 1,3 240-379-5504-7616 4th from Mt. Vemon to 5th $ 18,000 SS 09-01 6 240-379-5504- Medical Center from 16th to Highland $ 24,500 SS 09-09 3 240-379-5504- Feree from Laurelwood to Coulston $ 5,000 SS 09-11 6 240-379-5504- Macy from Highland to County Line $ 7,500 SS 09-12 6 240-379-5504- Adams from Macy to San Carlo $ 5,500 SS 09-13 6 240-379-5504- Mesa from Duffy to San Anselmo $ 6,000 SS 09-19 6 240-379-5504- San Benito Court $ 3,000 SS 08-14 1,2 242-362-5504- E from 7th to Baseline $ 30,400 SS 09-10 1 248-368-5504- Stoddard & Oak (repair drain problem) $ 2,400 SS 08-04 7 258-359-5504-7778 Lynwood from Golden to Del Rosa $ 16,900 SS 08-06 1,2 258-359-5504-7779 Mt. View from 5th to Baseline $ 29,750 SS 08-09 4,7 258-359-5504-7780 Parkdale from Mt. View to Waterman $ 14,090 SS 08-11 5 258-359-5504-7782 30th from Muscupiabe to "H" $ 13,000 SS 08-12 1,3 258-359-5504-7783 Rialto from Arrowhead to "E" $ 9,000 SS 08-19 5 258-359-5504-7784 Palm from Irvington to terminus $ > 22,954 SS 04-147 3 258-359-5504-1 B2 Victoria>from Tippecanoe to Richardson $ 13,000 SS 06-17 1 258-359-5504-1 B2 Tippecanoe from Baseline to Channel $ 6,000 SS 08-17 1 258-359-5504-1 B2 Sierra from 4th to 9th $ 21,500 55 09-03 5 258-359-5504-1 B2 5un Valley from 48th to Reservoir $ 11,500 S5 09-04 2 258-359-5504-1 B2 29th from Lincoln to H $ 11,000 55 09-05 6 258-359-5504-1 B2 Hallmark Pkwy from University to Sun $ 23,000 SS 09-06 7 258-359-5504-1 B2 33rd from E to D $ 4,000 5S 09-08 4 258-359-5504-1 B2 Eureka from Camelia to Del Rosa $ 9,000 SS 09-14 5 258-359-5504-1 B2 Northpark from Sierra to Campus Pkwy $ 20,500 WB onlv) SS 09-15 7 258-359-5504-1 B2 Genevieve from 34th to 38th $ 14,500 SS 09-17 3 258-359-5504-1 B2 Coulston from Tippecanoe to Ferrell $ 8,400 TOTALS $ 460,494 c o c 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 c o 4> t AJVIENDMENT NO.1 TO VENDOR SERVICE AGREEMENT PAVEMENT RECYCLING SYSTEMS INCORPORATED This Agreement is entered into this 2nd day of September 2008, by and between Pavement Recycling Systems Incorporated ("VENDOR") and the City of San Bernardino ("CITY" or "San Bernardino"). RECITALS A. October 1, 2007, Pavement Recycling Systems Incorporated and the City of San Bernardino entered into a Vendor Service Agreement for cold planing services, labor and equipment rental for City street repairs in the amount of $245,300 by exercising its first year option per Resolution No. 2007-410. B. The CITY and VENDOR now desire to exercise the second year option and alter the Agreement to increase the amount of the Agreement by $215,194 for a total not-to-exceed purchase price of $460,494 as set forth in Attachment "I" and made a part hereto. AGREEMENT In consideration of the mutual promises contained III the Vendor Service Agreement, the parties agree as follows: 1. The total Agreement price shall be increased by $215,194 for a not -to-exceed the amount of$460,494. 2. The term of this Agreement shall be for a period of one year. 3. The other provisions of the written contract are reaffirmed as originally stated. III III III III 11/ C 1 AMENDMENT NO.1 TO VENDOR SERVICE AGREEMENT PAVEMENT RECYCLING SYSTEMS INCORPORATED 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 6 INCORPORATED 7 8 By: 9 10 11 12 Dated: ,2008 CITY OF SAN BERNARDINO 13 0 14 15 By: Fred Wilson, City Manager 16 17 ATTEST: 18 19 20 Rachel Clark, City Clerk 21 22 23 Approved as to form: 24 25 James F. Penman City Attorney 0 26 E,er- 7 fr-. 27 28 c o o Attachment "1" Cold Planing Services, Labor and Equipment Rental ACCOUNT # PROJECT LOCATION PAVEMENT CIP# WARD RECYCLING SS 09-07 3 126-369-5504- Laurelwood from Tippecanoe to Feree $ 7,400 SS 08-02 1,3 129-367-5504- G from 2nd to Mill $ 43,000 SS 06-43 1 240-379-5504-7619 Rialto from 1-215 to F $ 9,600 258-359-5504-7619 SS 06-08 3 240-379-5504- Rancho from Mill to Rialto $ 7,800 SS 06-09 4,7 240-379-5504- Mountain from Lynwood to Marshall $ 6,500 SS 06-12 6 240-379-5504- Rialto from Pepper to Eucalyptus $ 3,800 SS 06-22 3 240-379-5504- Auto Plaza from 1-215 to Fairway $ 22,000 SS 06-26 1 240-379-5504- 4th from E to Arrowhead $ 10,000 SS 06-37 1,3 240-379-5504-7616 4th from Mt. Vernon to 5th $ 18,000 SS 09-01 6 240-379-5504- Medical Center from 16th to Highland $ 24,500 SS 09-09 3 240-379-5504- Feree from Laurelwood to Coulston $ 5,000 SS 09-11 6 240-379-5504- Macy from Highland to County Line $ 7,500 SS 09-12 6 240-379-5504- Adams from Macy to San Carlo $ 5,500 SS 09-13 6 240-379-5504- Mesa from Duffy to San Anselmo $ 6,000 SS 09-19 6 240-379-5504- San Benito Court $ 3,000 SS 08-14. 1,2 242-362-5504- E from 7th to Baseline $ 30,400 SS 09-10 1 248-368-5504- Stoddard & Oak (repair drain problem) $ 2,400 SS 08-04 7 258-359-5504-7778 Lynwood from Golden to Del Rosa $ 16,900 SS 08-06 1,2 258-359-5504-7779 Mt. View from 5th to Baseline $ 29,750 SS 08-09 4,7 258-359-5504-7780 Parkdale from Mt. View to Waterman $ 14;090 SS 08-11 5 258-359-5504-7782 30th from Muscupiabe to "H" $ 13,000 SS 08-12 1,3 258-359-5504-7783 Rialto from Arrowhead to "E" $ 9,000 SS 08-19 5 258-359-5504-7784 Palm from Irvington to terminus $ 22,954 SS 04-147 3 258-359-5504-1 B2 Victoria from Tippecanoe to Richardson $ 13,000 SS 06-17 1 258-359-5504-1 B2 Tippecanoe from Baseline to Channel $ 6,000 SS 08-17 1 258-359-5504-1 B2 Sierra from 4th to 9th $ 21,500 SS 09-03 5 258-359-5504-1 B2 Sun Valley from 48th to Reservoir $ 11,500 SS 09-04 2 258-359-5504-1 B2 29th from Lincoln to H $ 11,000 SS 09-05 6 258-359-5504-1 B2 Hallmark Pkwy from University to Sun $ 23,000 SS 09-06 7 258-359-5504-1 B2 33rd from E to D $ 4,000 SS 09-08 4 258-359-5504-1 B2 Eureka from Camelia to Del Rosa $ 9,000 SS 09-14 5 258-359-5504-1 B2 Northpark from Sierra to Campus Pkwy $ 20,500 'WB onlv) SS 09-15 7 258-359-5504-1 B2 Genevieve from 34th to 38th $ 14,500 SS 09-17 3 258-359-5504-1 B2 Coulston from Tippecanoe to Ferrell $ 8,400 TOTAlS $ 460,494 c o 19 2. 20 21 22 23 24 25 3. 26 0 27 28 2007-107 VENDOR SERVICE AGREEMENT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 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. 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, TERM; SEVERABILITY. The term of this Agreement shall be for a period of one year. c 6 7 8 9 10 11 12 13 0 14 15 16 17 18 o This Agreement may be terminated at any time by thirty (30) days written notice by 1 2 either party. The terms of this Agreement shall remain in force unless mutually amended. The 3 duration Of this Agreement may be extended with the written consent of both parties. 4 4. INDEMNITY. 5 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. 19 5. 20 21 22 23 24 25 26 27 28 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 c Insurance furnished to the CITY shall require the insurer to notify CITY of any change or 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 c' Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for VENDOR and its officers, agents, and employees, and all business license, if any are required, in connection with the services to be performed hereunder. 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. o c ~ . 9. NOTICES. 1 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 "0" Street San Bernardino, CA 92418 Telephone: (909) 384-5140 5 6 7 TO THE VENDOR: 8 9 10 10. 11 Pavement Recycling Systems, Inc. P.O. Box 1266 Riverside, CA 92502 Telephone: (951) 682-1091 ATTORNEYS' FEES In the event that litigation is brought by any party in connection with this Agreement, 12 13 the prevailing party shall be entitled to recover from the opposing party all costs and expenses, o 14 including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of 19 20 21 22 23 24 25 26 o 27 28 15 its rights or remedies hereunder or the enforcement of any of the terms, conditions or 16 17 18 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 c o , I I 10 I I I I ! of VENDOR's obligation to perfonn all other obligations to be perfonned by VENDOR 1 2 hereunder for the term of this Agreement. 12. VENUE. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 pennissive in nature. 13. GOVERNING LAW. This Agreement shall be governed by the laws of the State of Cali fornia. 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 arid 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. III III c 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: ,2007 By: Its: Dated +,2007 CITY OF SAN BERNARDINO BY:~ 4.~ Pat 'ck J. Morri, ayor Approved as to Form: . c o /~ sF. Penman, City Attorney c c o RFQ F-07-29 City of San Bernardino TECHNICAL SPECIFICATIONS BID SPECIFICATION NO: RFQ F-07-29 COLD PLANING SERVICE NOTICE : "SPECIAL INSTRUCTIONS TO THE BIDDER" Services: Bidder shall complete right-hand column indicating brief reasoning for exceptions to requirements when not acceptable_ State "Acceptable" if requirements are agreeable as set forth in left-hand column. Equipment: The City of San Bernardino is accepting bids for the cold planing of approximately 2,000,000 Square Feet of 1.5 inch of asphalt on various City streets. Two grinders will be used each scheduled S to 10 hour days for the planing of the asphalt. The main section of the street will need a large planer from the 96-inch to 4S-inch and the IS-inch planer for manholes, ridges, water gate valves, and header cuts. Bidder shall complete right-hand column indicating specific size and or make and model of all components when not exactly as specified. State "As Specified" if item is exactly as set forth in the left-hand column. FAILURE TO COMPLETE RIGHT HAND COLUMN WILL INVALIDATE BID REOUlREMENTS ACCEPTABLE! AS SPECIFIED The contractor will provide (2) two grinders, (2) operators and (I) one spotter/grade checker for . maintenance and repair operations for the Street Division A tfep+.o.'o(~. of the Public Service Department for the City of San Bernardino oer soecifications below. The Contractor will provide: t) A 96" 800 hp Cold Planing grinder with one operator and one f>,.c.('-c-I".\-...b\~ spotter! grade checker. The Contractor will provide: 2) A 84" Cold Planing grinder with one operator and one spotter! A c.c.c..f'>t-a.\:'\~ grade checker The Contractor will provide: c o o . Rl'Q F-07-29 3) A 72" Cold Planing grinder with one operator and one spotter! ~ (. c."Y..h'l 'blc... grade checker. The Contractor will provide: 4) A 48" Cold planing grinder with one operator. Mobilization ~ Co<- ....:po\. ",b I e. must be included with the daily rate. The Contractor will provide: 5) A J 8" mini Cold Planing grinder with one operator eight hour A c. <.e.r-\.....b [-e.. day. Mobilization must be included with the daily rate. The Contractor will provide the following service: The contractor shall provide services on a per day Rental price that A (.~~p4-f\-b \-e. includes all manpower, all equipment, insurance, and mobilization cost. Please state daily rate on Request for Quotation form attached. BIDDER'S SIGNATURE: ~c _i7'\\~ (pRINT NAME) l).,.,... s~.k,~;c.,/[.s./-l'_~ ADDRESS: -p 0 'is 0)<. \ '-to I,. ~ ; vQ.("S i ~"-l e...A- ~l_SO 2- NAME AND TELEPHONE NO. OF AUTHORIZED REPRESENTATIVE: etr\2-I4;~ \3,^-\\-\~~e..~ <\s \-1,. 'l."2.. - \00.,\ c .0 I i I o RFQ F-07-29 REQUEST FOR QUOTES: RFQ F-07-29 DESCRIPTION OF RFQ: BIDDER'S NAME/ADDRESS: Cold Planing Services "\:)A0~Q.v'I.-\-"Ke..CrcJ i "\.5 <;:"",<.)...... s. We:... --.po 8.01' \"'2...\ol.c. '"K' ; 0 us I Cl e..l vA ~ <-S O""L NAMElTELEPHONE NO. OF AUTHORIZED REPRESENTATIVE c......o..~; e... hu. \\ \~i ii':) ~ <;"\- ~~1..-\.0Cl, \ ANNUAL PURCHASE ORDER Effective on or about July I, 2006 through July 30, 2007 plus two (2) single year options, for City's partial requirements, on an as-needed basis, with no guaranteed usage. Option year one, if exercised, shall be effective July I, 2007 through June 30, 2008 Option year two, if exercised, shall be effective July I, 2008 through June 30, 2009. Prices may be adjusted annually (on the day the contract was signed by the City of San Bernardino and the vendor). Under no circumstances will adjustments in the fees exceed five (5). percent per additional period. Vendor must provide the City 60 (sixty) day written notification of any proposed price increase. Price increases shall become effective 30 (thirty) days after the City receives written notification of such increases. Vendor must also pass on any decreases in the same way. Actual option year pricing shall be negotiated with the successful Bidder(s) prior to exercising of any given option year. Option years shall become effective only upon issuance by the City of a duly authorized Purchase Order. CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE DATE: September 9, 2008 TO: Ken Fischer, Director Public Services Department FROM: Margaret Fedor, Executive Assistant to the Director RE: Transmitting Documents for Signature - Resolution 2008-348 At the Mayor and Common Council meeting of September 2, 2008, the City of San Bernardino adopted Resolution No. 2008-348 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing Amendment No. I to the Vendor Service Agreement with Pavement Recycling Systems Incorporated for cold planing services, labor and equipment rental for City street repairs and authorizing exercise of the second year option and issuance of a Purchase Order in the amount of $460,494. Attached are one (I) original "Amendment No. I to Vendor Service Agreement" and two (2) duplicate originals of the agreement to be executed by the parties. Please obtain signatures in the appropriate locations and return the ORIGINAL agreement to Margaret Fedor in the Citv Clerk's Office as soon as possible. Please retain one (I) duplicate original of the agreement for your records and forward a duplicate original to the other party. Please be advised that the agreement will be null and void if not executed by October 31, 2008. Thank you. the above mentioned documents. Si Date: