HomeMy WebLinkAbout05.O- Public Works 5A
RESOLUTION (ID # 3743) DOC ID: 3743 D
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Purchase Order
From: Tony Frossard M/CC Meeting Date: 04/06/2015
Prepared by: Ted Rigoni, (909) 384-5198
Dept: Public Works Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing
the Execution of a Second Amendment to the Agreement with Environmental Project
Services, Inc., and Authorizing the Issuance of a Contract Purchase Order in an Amount
Not to Exceed $1,100,000 for City-Wide Concrete Maintenance Services. (#3743)
Current Business Registration Certificate: Yes
Financial Impact:
There is no financial impact. The capital budget already includes the funding required
for this work, which is considered to be integral to the pavement resurfacing projects.
The associated work on these projects will be charged to individual capital project
accounts.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
No. 2014-111 was approved, authorizing a concrete
04/21/2014 Resolution pp g
maintenance services agreement in the amount of $200,000 with
Environmental Project Services, Inc., of Colton, California.
11/17/2014 Resolution No. 2014-399 was approved, authorizing execution of a 1 st
Amendment to the Agreement with Environmental Project Services, Inc.
And an increase of the vendor services agreement to $300,000, with three
(3) one-year extensions at the City's option.
Background:
On April 21, 2014, the Mayor and Common Council of the City of San Bernardino
approved a concrete maintenance services agreement with Environmental Project
Services, Inc. (EPS), of Colton, California, in the amount of $200,000, via Resolution
No. 2014-111 (attached as Attachment 1). On November 17, 2014, an amendment to
EPS' contract was approved in the amount of $100,000, for an aggregate amount of
$300,000, with (3) one-year extensions (attached as Attachment 2).
On October 6, 2014, the Mayor and Common Council of the City of San Bernardino
approved an agreement with Matich Corporation of San Bernardino, California, in the
amount of $4,937,730 to perform roadway rehabilitation work on various city streets (47
City Streets), including pavement repair, reconstruction, asphalt, grinding and overlays,
as well as concrete repairs within their limits of work. These concrete repairs are very
IJndateri- 4/2/2015 by Gearaeann "Gini" Hanna D I Packet Pg. 233
5.0
3743
similar to those that will be performed by EPS, and the Public Works Department was
asked to assist Matich in delivering these repairs ahead of the scheduled pavement
work. Using the services of EPS, the City will be able to help expedite the delivery of
the street rehabilitation work of the 47 Streets Project.
Unit costs for this work are virtually the same, and all concrete work has previously
been budgeted through Matich's contract and the CIP program. Matich Corporation has
indicated their acceptance of the contract reductions for this work. A copy of this a letter
of agreement is attached.
Staff is requesting that the Mayor and Common Council authorize the execution of a
second amendment to the agreement with Environmental Project Services, Inc. And
issuance of a Contract Purchase Order in an amount not to exceed $1,100,000 for city-
wide concrete maintenance services.
City Attorney Review:
Supporting Documents:
RESOLUTION (DOC)
agrmt 3743 (PDF)
Attachment 1 (PDF)
Attachment 2(PDF)
Ltr from Matich Corp, dated 03-03-15 (PDF)
Uodated: 4/2/2015 by Georaeann"Giai" Hanna D Packet Pg. 234
1 RESOLUTION NO.
2
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A SECOND --
3 AMENDMENT TO THE AGREEMENT WITH ENVIRONMENTAL PROJECT
SERVICES, INC., AND AUTHORIZING THE ISSUANCE OF A CONTRACT
4 PURCHASE ORDER IN AN AMOUNT NOT TO EXCEED $1,100,000 FOR CITY-
5
WIDE CONCRETE MAINTENANCE SERVICES.
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6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS: ci
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SECTION 1. The City Manager is hereby authorized and directed to execute a Second
Amendment to the Vendor Service Agreement with Environmental Project Services, Inc., a o
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10 copy of which is attached and incorporated herein as Exhibit "A," for a total amended amount o
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11 of $1,100,000 with three (3) one year extensions at the City's option, for city-wide concrete 3
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12 maintenance services. >
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13 SECTION 2. The Director of Finance or his/her designee is hereby authorized and r_
14 directed to issue a Contract Purchase Order to an amount not to exceed $1,100,000, which shall a
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15 reference this Resolution and shall incorporate the terms and conditions of this Agreement.
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16 SECTION 3. The authorization to execute the above-referenced Agreement is
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rescinded if it is not executed by both parties within sixty (60) days of the passage of this
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FPacke't Pg.,235
I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A SECOND
2 AMENDMENT TO THE AGREEMENT WITH ENVIRONMENTAL PROJECT
SERVICES, INC., AND AUTHORIZING THE ISSUANCE OF A CONTRACT
3 PURCHASE ORDER IN AN AMOUNT NOT TO EXCEED $1,100,000 FOR CITY-
4 WIDE CONCRETE MAINTENANCE SERVICES.
5
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
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6 Common Council of the City of San Bernardino at a meeting thereof, held on the =
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7 day of , 2015,by the following vote, to wit: ,o
8 Council Members: AYES NAYS ABSTAIN ABSENT in
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11 VALDIVIA a
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NICKEL E
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18 Georgeann Hanna, City Clerk =
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19 The foregoing resolution is hereby approved this day of , 2015.
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21 R. CAREY DAVIS, Mayor
22 City of San Bernardino w
Approved as to form:
23 GARY D. SAENZ, City Attorney
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By: Q
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EXHIBIT"A"
SECOND AMENDMENT VENDOR SERVICE AGREEMENT WITH
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CITY- 'VIDE CONCRETE MAINTENANCE SERVICES
This Second Amendment to a Vendor Service Agreement with
Environmental Project Services, Inc. for City-Wide Concrete Maintenance N
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Services is entered into this day of 2015, by and between
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Environmental Project Services, Inc. ("VENDOR") and the City of San Bernardino
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("CITY" or "San Bernardino"). v
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WITNESSETH:
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WHEREAS, the Mayor and Common Council has determined that it is
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advantageous and in the best interest of the CITY to contract for city-wide concrete °
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maintenance services; and w
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WHEREAS, VENDOR was the lowest responsible bidder for city-wide >
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concrete maintenance services per RFQ F-14-18 and was awarded a contract by the E
Mayor and Common Council on April 21, 2014 by Resolution 2014-111, in the
amount of$200,000 ("Agreement"); and
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WHEREAS, The CITY and VENDOR executed the First Amendment to the
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Agreement to increase the amount of the agreement on November 17, 2014 by Cl)
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Resolution 2014-399 for a total amount not to exceed $300,000 ("Frist Amendment to E
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Vendor Service Agreement").
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NOW, THEREFORE, the parties hereto agree as follows:
1. Section 2, Compensation and Expenses, of the Agreement is hereby amended to Q
increase the payment to VENDOR by $800,000 for an amount not to exceed
$1,100,000.
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EXHIBIT"A"
2. All other terms and conditions of the Agreement shall remain in full force and
effect
IN WITNESS THEREOF, the parties hereto have executed the Agreement on the
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day and date first above written.
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Dated: , 2015 By:
Environmental Project Services c°v
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Dated: , 201 S CITY OF SAN BERNARDINO
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Allen J. Parker, City Manager
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Approved as to Form:
Gary D. Saenz, City Attorney
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Attachmen . ,
RESOLUTION NO. 2014-111
1
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
3 AND ISSUANCE OF AN ANNUAL PURCHASE ORDER IN THE AMOUNT OF
4 $200,000 WITH THREE (3) ONE-YEAR EXTENSIONS AT THE CITY'S OPTION TO
ENVIRONMENTAL PROJECT SERVICES, INC., FOR CONCRETE in
5 MAINTENANCE SERVICES. C
6 WHEREAS, Environmental Project Services, Inc. was determined to be the lowest
7 bidder for concrete maintenance services. 0
8 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE °
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CITY OF SAN BERNARDINO AS FOLLOWS: N
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11 SECTION 1. The City Manager of the City of San Bernardino is hereby authorized =
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12 and directed to execute on behalf of said City a Vendor Services Agreement between the City w
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13 of San Bernardino and Environmental Project Services, Inc., a copy of which is attached Q
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hereto, marked Exhibit "A", and incorporated herein by reference as fully as though set forth o
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at length.
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17 SECTION 2. That pursuant to this determination the Director of Administrative Q
18 Services or his designee is hereby authorized to issue an annual purchase order to N
19 Environmental Services, Inc. in the amount of$200,000 with three (3) one-year extensions at M
20 the City's option. _
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21 SECTION 3. The Purchase Order shall reference this Resolution Number and shall
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23 read, `Environmental Project Services, Inc. for concrete maintenance services. Agreement
24 not to exceed$200,000" and shall incorporate the terms and conditions of the Agreement. E
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25 SECTION 4. The authorization to execute the above referenced Purchase Order and Q
26 Agreement is rescinded if it is not executed by both parties within sixty (60) days of the
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passage of this resolution.
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FPacket Pg.239
2014-111
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
1 OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
2 AND ISSUANCE OF AN ANNUAL PURCHASE ORDER IN THE AMOUNT OF
$200,000 WITH THREE (3) ONE-YEAR EXTENSIONS AT THE CITY'S OPTION TO
3 ENVIRONMENTAL PROJECT SERVICES, INC., FOR CONCRETE
MAINTENANCE SERVICES.
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5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
6 and Common Council of the City of San Bernardino at a jnint____r aljar meeting
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7 thereof,held on the 21 stday of April ,2014,by the following vote,to wit: v
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Council Members: AYES NAYS ABSTAIN ABSENT
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10 MARQUEZ x _ o
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15 NICKEL x
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19 George H nna Cit Cl k
The foregoing resolution is hereby approved this _da y of April 3 ,2014.
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23 R. CAREY D IS,Mayor a
City of San B nardino
24 Approved as to form:
25 GARY D. SAENZ, City Attorney
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2014-111
VENDOR SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
AND ENVIRONMENTAL PROJECT SERVICES,INC. FOR CONCRETE
MAINTENANCE SERVICES
This VENDOR Service Agreement is entered into this 21 st day of April, 2014,by and _
between Environmental Project Services, Inc. ("VENDOR") and the City of San Bernardino c'n
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("CITY" or"San Bernardino").
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WITNESSETH:
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WHEREAS, the Mayor and Common Council has determined that it is advantageous v
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and in the best interest of the CITY to contract for concrete maintenance services and;
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WHEREAS, The City of San Bernardino did solicit and accept quotes from available o
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VENDORS for such concrete maintenance services; and o
WHEREAS,VENDOR is the lowest bidder to provide said service to City; and w
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NOW,THEREFORE,the parties hereto agree as follows:
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1. SCOPE OF SERVICES. _
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For the remuneration stipulated, San Bernardino hereby engages the services of
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VENDOR to provide those services as set forth in RFQ F-14-18, a copy of which is on file in ¢
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the Public Works Department and a copy of the Price Form is attached hereto as Attachment --
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"1"and incorporated here by this reference.
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2. COMPENSATION AND EXPENSES.
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a. For the services delineated above, the CITY, upon presentation of an invoice, shall
pay the VENDOR up to the amount of$200,000 for concrete maintenance services
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pursuant to RFQ F-14-18.
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b. No other expenditures made by VENDOR shall be reimbursed by CITY. ¢
Exhibit"A"
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2014-111
3. TERM; TERMINATION.
The term of this agreement shall be from April 21, 2014 through June 30, 2014, with
three (3) one-year extensions at the City's option. Option year one, if exercised, shall be
effective July 1, 2014 through June 30, 2015. Option year two, if exercised, shall be effective in
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July 1, 2015 through June 30, 2016. Option year three, if exercised, shall be effective July 1,
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2016 through June 30, 2017.
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This Agreement may be terminated at any time by thirty (30) days' written notice by v
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either party. The terms of this Agreement shall remain in force unless amended by written
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agreement of the parties executed on or before the date of expiration of current term of the o
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4. INDEMNITY. w
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VENDOR agrees to and shall indemnify and hold the City, its elected officials, employees,
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agents or representatives, free and harmless from all claims, actions, damages and liabilities of c
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any kind and nature arising from bodily injury, including death, or property damage, based or 2
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asserted upon any or alleged act or omission of VENDOR, its employees, agents, or
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subcontractors, relating to or in any way connected with the accomplishment of the work or -
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performance of service under this Agreement, unless the bodily injury or property damage was
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actually caused by the sole negligence of the City, its elected officials, employees, agents or E
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representatives. As part of the foregoing indemnity, VENDOR agrees to protect and defend at
its own expense, including attorney's fees the City, its elected officials, employees, agents or
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representatives from any and all legal actions based upon such actual or alleged acts or �
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omissions. VENDOR hereby waives any and all rights to any types of express or implied `z
indemnity against the City, its elected officials, employees, agents or representatives, with
Exhibit"A"
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2014-111
respect to third party claims against the VENDOR relating to or in any way connected with the
accomplishment of the work or performance of services under this Agreement.
5. INSURANCE.
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While not restricting or limiting the foregoing, during the term of this Agreement, ui
VENDOR shall maintain in effect policies of comprehensive public, general and automobile so
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liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory
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worker's compensation coverage, and shall file copies of said policies with the CITY's Risk v
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Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an
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additional named insured in each policy of insurance provided hereunder. The Certificate of o
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Insurance furnished to the CITY shall require the insurer to notify CITY at least 30 days prior o
to any change in or termination of the policy. W
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6. NON-DISCRIMINATION. j
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In the performance of this Agreement and in the hiring and recruitment of employees,
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VENDOR shall not engage in, nor permit its officers, employees or agents to engage in, ja=i
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discrimination in employment of persons because of their race, religion, color, national origin,
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ancestry, age, mental or physical disability, medical conditions,marital status, sexual gender or
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sexual orientation,or any other status protected by law.
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7. INDEPENDENT CONTRACTOR.
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VENDOR shall perform work tasks provided by this Agreement, but for all intents and
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purposes VENDOR shall be an independent contractor and not an agent or employee of the
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CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
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Income Tax, Social Security, State Disability Insurance Compensation, Unemployment a
Compensation, and other payroll deductions for VENDOR and its officers, agents, and
Exhibit"A"
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2014-111
employees, and all business license, if any 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 in
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certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits,
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qualifications,insurance and approval of whatever nature that are legally required of VENDOR
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to practice its business or profession. v
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NOTICES.
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Any notices to be given pursuant to this Agreement shall be deposited with the United o
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States Postal Service,postage prepaid and addressed as follows:
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TO THE CITY: Public Works Director
300 North"D" Street Q
San Bernardino, CA 92418 >
Telephone: (909) 384-5140
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TO THE VENDOR: Environmental Project Services,Inc. E
PO Box 150 c
Colton, CA 92324 E
Telephone: (909) 503-1975 a
Contact: James Dippell N
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9. ATTORNEYS' FEES.
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In the event that litigation is brought by any party in connection with this Agreement,
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the prevailing party shall be entitled to recover from the opposing party all costs and expenses, E
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including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of a
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its rights or remedies hereunder or the enforcement of any of the terms, conditions or
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provisions hereof. Attorney's fees for the City Attorney and members of his office shall be 25
calculated based on market rate for comparable services.
Exhibit"A"
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10. 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
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written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void
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and shall constitute a breach of this Agreement and cause for the termination of this
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Agreement. Regardless 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 v
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hereunder for the term of this Agreement.
11. VENUE. °
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The parties hereto agree that all actions or proceedings arising in connection with this o
Agreement shall be tried and litigated either in the State courts located in the County of San u
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Bernardino, State of California or the U.S. District Court for the Central District of California, N
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Riverside Division. The aforementioned choice of venue is intended by the parties to be
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mandatory and not permissive in nature.
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12. GOVERNING LAW. a
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This Agreement shall be governed by the laws of the State of California.
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13. SUCCESSORS AND ASSIGNS.
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This Agreement shall be binding on and inure to the benefit of the parties to this Agreement
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and their respective heirs,representatives, successors,and assigns.
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14. HEADINGS.
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The subject headings of the sections of this Agreement are included for the purposes of
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convenience only and shall not affect the construction or the interpretation of any of its Q
provisions.
Exhibit"A"
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2014-111
15. SEVERABILITY.
If any provision of this Agreement is determined by a court of competent jurisdiction to
be invalid or unenforceable for any reason, such determination shall not affect the validity or _
enforceability of the remaining terms and provisions hereof or of the offending provision in any N
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other circumstance, and the remaining provisions of this Agreement shall remain in full force
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and effect.
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16. ENTIRE AGREEMENT;MODIFICATION. v
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This Agreement constitutes the entire agreement and the understanding between the
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parties, and supercedes any prior agreements and understandings relating to the subject manner o
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of this Agreement. This Agreement may be modified or amended only by a written instrument o
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executed by all parties to this Agreement. w
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2014-111
VENDOR SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
AND ENVIRONMENTAL PROJECT SERVICES,INC.FOR CONCRETE
MAINTENANCE SERVICES
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and in
date set forth below.
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Dated: 12014 ENVIRONMENTAL PROJECT SERVICES 0
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By:
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Dated ,2014 CITY OF SAN BERNARDINO =
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Allen J. Parker,City Manager 3
Approved as to Form: ¢
Gary D. Saenz, City Attorney >
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VENDOR SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
AND ENVIRONMENTAL PROJECT SERVICES,INC.FOR CONCRETE
MAINTENANCE SERVICES
This VENDOR Service Agreement is entered into this 21 st day of April, 2014, by and
between Environmental Project Services, Inc. ("VENDOR") and the City of San Bernardino N
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("CITY"or"San Bernardino").
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WITNESSETH:
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WHEREAS, the Mayor and Common Council has determined that it is advantageous o
and in the best interest of the CITY to contract for concrete maintenance services and;
WHEREAS, The City of San Bernardino did solicit and accept quotes from available a
VENDORs for such concrete maintenance services; and °
WHEREAS, VENDOR is the lowest bidder to provide said service to City; and w
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NOW,THEREFORE,the parties hereto agree as follows: >
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For the remuneration stipulated, San Bernardino hereby engages the services of a
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VENDOR to provide those services as set forth in RFQ F-14-18, a copy of which is on file in
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the Public Works Department and a copy of the Price Form is attached hereto as Attachment
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"1"and incorporated here by this reference.
2. COMPENSATION AND EXPENSES. a
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a. For the services delineated above, the CITY, upon presentation of an invoice, shall 2.
pay the VENDOR up to the amount of$200,000 for concrete maintenance services r-
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pursuant to RFQ F-14-18.
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b. No other expenditures made by VENDOR shall be reimbursed by CITY. Q
Exhibit"A"
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2014-111
3. TERM; TERMINATION.
The term of this agreement shall be from April 21, 2014 through June 30, 2014, with
three (3) one-year extensions at the City's option. Option year one, if exercised, shall be
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effective July 1, 2014 through June 30, 2015. Option year two, if exercised, shall be effective co
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July 1, 2015 through June 30, 2016. Option year three, if exercised, shall be effective July 1,
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2016 through June 30, 2017.
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This Agreement may be terminated at any time by thirty (30) days' written notice by o
either party. The terms of this Agreement shall remain in force unless amended by written
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agreement of the parties executed on or before the date of expiration of current term of the °
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4. INDEMNITY. W
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VENDOR agrees to and shall indemnify and hold the City, its elected officials, employees, >
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agents or representatives, free and harmless from all claims, actions, damages and liabilities of
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any kind and nature arising from bodily injury, including death or property Y damage, based or a
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asserted upon any or alleged act or omission of VENDOR, its employees, agents, or
subcontractors, relating to or in any way connected with the accomplishment of the work or M
performance of service under this Agreement, unless the bodily injury or property damage was y
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actually caused by the sole negligence of the City, its elected officials, employees, agents or
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representatives. As part of the foregoing indemnity,VENDOR agrees to protect and defend at
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its own expense, including attorney's fees the City, its elected officials, employees, agents or c
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representatives from any and all legal actions based upon such actual or alleged acts or
omissions. VENDOR hereby waives any and all rights to any types of express or implied Q
indemnity against the City, its elected officials, employees, agents or representatives, with
Exhibit"A"
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` 2014-111
respect to third party claims against the VENDOR relating to or in any way connected with the
accomplishment of the work or performance of services under this Agreement.
5. INSURANCE.
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While not restricting or limiting the foregoing, during the term of this Agreement, N
VENDOR shall maintain in effect policies of comprehensive public, general and automobile
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liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory
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worker's compensation coverage, and shall file copies of said policies with the CITY's Risk 0
Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an
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additional named insured in each policy of insurance provided hereunder. The Certificate of a
Insurance furnished to the CITY shall require the insurer to notify CITY at least 30 days prior -P
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to any change in or termination of the policy. W 3
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6. NON-DISCRIMINATION. >
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In the performance of this Agreement and in the hiring and recruitment of employees, a
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VENDOR shall not engage in, nor permit its officers, employees or agents to engage in, w
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discrimination in employment of persons because of their race, religion, color, national origin, 0
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ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or
sexual orientation, or any other status protected by law.
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7. INDEPENDENT CONTRACTOR. a
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VENDOR shall perform work tasks provided by this Agreement, but for all intents and Y
purposes VENDOR shall be an independent contractor and not an agent or employee of the d
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CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of 5
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Income Tax, Social Security, State Disability Insurance Compensation, Unemployment ¢
Compensation, and other payroll deductions for VENDOR and its officers, agents, and
Exhibit"A"
3
Packet Pg.250
2014-111
employees, and all business license, if any 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 N
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certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits,
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qualifications, insurance and approval of whatever nature that are legally required of VENDOR
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to practice its business or profession.
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NOTICES.
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Any notices to be given pursuant to this Agreement shall be deposited with the United °
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States Postal Service,postage prepaid and addressed as follows: °
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TO THE CITY: Public Works Director W
300 North"D"Street
San Bernardino, CA 92418 >
Telephone: (909) 384-5140 °
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TO THE VENDOR: Environmental Project Services, Inc. E
PO Box 150 c
Colton, CA 92324 E
Telephone: (909) 503-1975 a
Contact: James Dippell N
9. ATTORNEYS' FEES.
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In the event that litigation is brought by any party in connection with this Agreement, r
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the prevailing party shall be entitled to recover from the opposing party all costs and expenses,
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including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of a
its rights or remedies hereunder or the enforcement of any of the terms, conditions or E
provisions hereof. Attorney's fees for the City Attorney and members of his office shall be
calculated based on market rate for comparable services.
Exhibit"A"
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2014-111
10. 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
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Agreement. Regardless of CITY'S consent,no subletting or assignment shall release VENDOR c
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of VENDOR's obligation to perform all other obligations to be performed by VENDOR o
hereunder for the term of this Agreement.
11. VENUE.
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The parties hereto agree that all actions or proceedings arising in connection with this -5;
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Agreement shall be tried and litigated either in the State courts located in the County of San
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Bernardino, State of California or the U.S. District Court for the Central District of California, >
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Riverside Division. The aforementioned choice of venue is intended by the parties to be
mandatory and not permissive in nature.
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12. GOVERNING LAW.
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This Agreement shall be governed by the laws of the State of California. Cl)
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13. SUCCESSORS AND ASSIGNS.
This Agreement shall be binding on and inure to the benefit of the parties to this Agreement E
and their respective heirs,representatives,successors, and assigns. 2
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14. HEADINGS.
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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 Q
provisions.
Exhibit"A"
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2014-111
15. SEVERABILITY.
If any provision of this Agreement is determined by a court of competent jurisdiction to
be invalid or unenforceable for any reason, such determination shall not affect the validity or --
enforceability of the remaining terms and provisions hereof or of the offending provision in any N
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other circumstance, and the remaining provisions of this Agreement shall remain in full force 2lu
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and effect.
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16. ENTIRE AGREEMENT; MODIFICATION. v
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This Agreement constitutes the entire agreement and the understanding between the
parties, and supercedes any prior agreements and understandings relating to the subject manner a
of this Agreement. This Agreement may be modified or amended only by a written instrument .5
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executed by all parties to this Agreement. 3
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2014-111
VENDOR SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
AND ENVIRONMENTAL PROJECT SERVICES,INC. FOR CONCRETE
MAINTENANCE SERVICES
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IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and Cn
date set forth below,
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Dated: ,2014 ENVIRONM NTA4PROJECT SERVICES v
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By: �-
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Dated 2014 CITY OF SAN BE ARDINO c
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By: -
All : Parker,City Manager
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Gary D. Saenz, City Attorney >
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Attachmen
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RESOLUTION NO. 2014-399
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE DIRECTOR OF
3 FINANCE TO APPROPRIATE AN ADDITIONAL $100,000 TO ACCOUNT NO. 126-
400-0088-5505 `OTHER PROFESSIONAL SERVICES" USING PREVIOUSLY
4 UNALLOCATED HUTA (GAS TAX) FUNDS (FUND 126); AMEND THE FY 2014-15
5 BUDGET ACCORDINGLY; AUTHORIZE THE EXECUTION OF A FIRST
AMENDMENT TO THE AGREEMENT WITH ENVIRONMENTAL PROJECT
6 SERVICES,INC.;AND INCREASE ANNUAL PURCHASE ORDER NO. 2015-26 FOR
AN AMOUNT NOT TO EXCEED $300,000 FOR CONCRETE MAINTENANCE
7 SERVICES. °
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8 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE °
9 CITY OF SAN BERNARDINO AS FOLLOWS:
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10 SECTION 1. The City Manager and the Director of Finance are hereby authorized °
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11 and directed to amend the FY 2014-15 Budget and appropriate an additional $100,000 to °
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Account No. 126-400-0088-5505 "Other Professional Services" for concrete maintenance
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14 services from previously unallocated HUTA(Gas Tax) funds (Fund 126). >
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15 SECTION 2. The City Manager is hereby authorized and directed to execute a First
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Amendment to the Vendor Service Agreement with Environmental Project Services, Inc., a W
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17 copy of which is attached and incorporated herein as Exhibit "A," in the total amended
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amount of $300,000 with three (3) one-year extensions at the City's option, for concrete C;;
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20 maintenance services. N
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21 SECTION 3. The Director of Finance or his/her designee is hereby authorized and E
22 directed to increase Annual Purchase Order No. 2015-26 for an amount not to exceed r
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$300,000, which shall reference this Resolution and shall incorporate the terms and conditions =
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of this Agreement.
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26 SECTION 4. The authorization to execute the above-referenced Agreement is a
27 rescinded if it is not executed by both parties within sixty (60) days of the passage of this
28 Resolution.
Packet Pg.255
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
1 OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE DIRECTOR OF
2 FINANCE TO APPROPRIATE AN ADDITIONAL $100,000 TO ACCOUNT NO. 126-
400-0088-5505 "OTHER PROFESSIONAL SERVICES" USING PREVIOUSLY
3 UNALLOCATED HUTA (GAS TAX) FUNDS (FUND 126); AMEND THE FY 2014-15
4 BUDGET ACCORDINGLY; AUTHORIZE THE EXECUTION OF A FIRST
AMENDMENT TO THE AGREEMENT WITH ENVIRONMENTAL PROJECT
5 SERVICES,INC.; AND INCREASE ANNUAL PURCHASE ORDER NO. 2015-26 FOR
AN AMOUNT NOT TO EXCEED $300,000 FOR CONCRETE MAINTENANCE
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6 SERVICES.
7 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor v
8 °
and Common Council of the City of San Bernardino at a joint regular meeting thereof,held on
9
10 the 17th day of November,2014,by the following vote,to wit: o
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11 Council Members: AYES NAYS ABSTAIN ABSENT o
12 MARQUEZ X w
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13 BARRIOS X N
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15 VALDIVIA X
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16 SHORETT X
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17 NICKEL K
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18 JOHNSON X N
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19 M
MULVIHILL X
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21 George Hanna,Ci Clerk s
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The foregoing resolution is hereby approved this �l S day f Nove r, 2014.
23 F 1 F a
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24 R. CAREY D IS,Mayor
25 City of San Bernardino r
Approved as to form: Q
26 GARY D. SAENZ
City Attorney
27
28 By:
Packet Pg. 256
2014-399
EXHIBIT "A"
FIRST AMENDMENT TO VENDOR SERVICE AGREEMENT WITH
ENVIRONMENTAL PROJECT SERVICES,INC. FOR
CONCRETE MAINTENANCE SERVICES
This First Amendment to a Vendor Service Agreement with
Environmental Project Services, Inc. for Concrete Maintenance Services is
entered into this 17thday of November 2014, by and between Environmental L
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Project Services, Inc. ("VENDOR") and the City of San Bernardino ("CITY" or "San v
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Bernardino').
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WITNESSETH: o
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WHEREAS, the Mayor and Common Council has determined that it is w
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advantageous and in the best interest of the CITY to contract for concrete maintenance
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services; and
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WHEREAS, VENDOR was the lowest responsible bidder for concrete
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maintenance services per RFQ F-14-18 and was awarded a contract by the Mayor and q
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Common Council on April 21, 2014 by Resolution 2014-111, in the amount of "!
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$200,000 ("Agreement").
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NOW,THEREFORE,the parties hereto agree as follows: c
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1. Section 2, Compensation and Expenses, of the Agreement is hereby amended to
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increase the payment to VENDOR by $100,000 for an amount not to exceed Q
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$300,000. _
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2. All other terms and conditions of the Agreement shall remain in full force and Q
effect.
Exhibit"A"
Packet Pg., 257
2014-399
EXHIBIT"A"
FIRST AMENDMENT TO VENDOR SERVICE AGREEMENT WITH
ENVIRONMENTAL PROJECT SERVICES,INC. FOR
CONCRETE MAINTENANCE SERVICES
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IN WITNESS THEREOF,the parties hereto have executed the Agreement on
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the day and date first above written. a
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Dated: _ ,2014 ENVIRONMENTAL PROJECT °
SERVICES, INC.
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By: _
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Name/Title:
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Dated: 12014 CITY OF SAN BERNARDINO o
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By: E
Allen J. Parker, City Manager =
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Approved as to form:
Gary D. Saenz, City Attorney
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By: N
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Exhibit"A"
Packet Pg.258
2014-399
EXHIBIT"A"
FIRST AMENDMENT TO VENDOR SERVICE AGREEMENT WITH
ENVIRONMENTAL PROJECT SERVICES,INC. FOR
CONCRETE MAINTENANCE SERVICES
This First Amendment to a Vendor Service Agreement with
Environmental Project Services, Inc. for Concrete Maintenance Services is
entered into this 17th day of November 2014, by and between Environmental L
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Project Services, Inc. ("VENDOR') and the City of San Bernardino ("CITY" or "San
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Bernardino").
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WITNESSETH: o
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WHEREAS, the Mayor and Common Council has determined that it is w
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advantageous and in the best interest of the CITY to contract for concrete maintenance Q
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services;and r
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WHEREAS, VENDOR was the lowest responsible bidder for concrete E
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maintenance services per RFQ F-14-18 and was awarded a contract by the Mayor and E
Common Council on April 21, 2014 by Resolution 2014-111, in the amount of N
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$200,000 ("Agreement").
NOW,THEREFORE,the parties hereto agree as follows:
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1. Section 2, Compensation and Expenses, of the Agreement is hereby amended to
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increase the payment to VENDOR by $100,000 for an amount not to exceed Q
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$300,000. E
2. All other terms and conditions of the Agreement shall remain in full force and Q
effect.
Exhibit"A"
Packet Pg. 259
2014-399
EXHIBIT"A"
FIRST AMENDMENT TO VENDOR SERVICE AGREEMENT WITH
ENVIRONMENTAL PROJECT SERVICES,INC.FOR
CONCRETE MAINTENANCE SERVICES
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IN WITNESS THEREOF,the parties hereto have executed the Agreement on
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the day and date first above written. L
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Dated: ' 4'' � 2014 ENVIRONMENTAL PROJECT ,o
SERVICES, INC.
By: a`
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Dated: I/' . / 2014 CITY OF SAN BERNARDINO >
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By: d
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Approved as to form:
Gary D. Saenz, City Attorney
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By: -{ ---
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PORATIOH
SINCE 1918
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March 3, 2015
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Robert G. Eisenbeisz, P.E. 0
City Engineer o
City of San Bernardino
300 N D. Street, 3rd Floor
San Bernardino,CA 92418
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RE:City wide Annual Maintenance Project, c
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Dear Robert,
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Pursuant to our recent discussions, we understand that the City of San Bernardino has other resources y
besides Matich Corporation with which to repair existing concrete improvements in the right of way. >
While this work is in our above-referenced contract, the quantities in each area are not of a nature °
suited to the higher production Matich's concrete crew size is geared for.
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`' It is our mutual understanding that the city may be able to perform this work with other resources at or m
below the costs represented in Matich's contract. E
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Matich Corporation has no objection to the city of San Bernardino proceeding with other resources for N
the concrete work. I believe this will be beneficial to both the city and Matich as it can result in overall
savings to the city and allow Matich to concentrate on the asphalt paving, which is our preference and M
specialty as a contractor.
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Please call if you have any questions. M
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Sincerely, m
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Robert M. Matich °
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Vice President,
Matich Corporation
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1596 HARRY SHEPPARD BLVD,SAN BERNARDINO 92408•TELEPHONE(909)382.7400• FAX(909)382-0169
www.matichcorp.com Packet Pg.'261