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Item 4 - Award of Contract to Pavement Recycling Systems, Inc.; Asphalt Cold Milling and Operator Services; RFP 20-016DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA RE PO RT City of Poway CITY COUNCIL March 18, 2020 Honorable Mayor and Members of the City Co c£, l}cil Eric Heidemann, Director of Public Works Will Wiley, Assistant Director of Public Works for Maintenance Operations´┐Ż (858) 668-4750 or wwiley@poway.org /,,´┐Ż Award of Contract to Pavement Recycling Systems Inc. for Asphalt Cold Milling and Operator Services; RFP No. 20-016 A notice inviting bid proposals for asphalt cold milling and operator services was duly advertised on December 19, 2019, and January 2, 2020. One responsive proposal was received and opened on January 17, 2020. Pavement Recycling Systems Inc. was determined to meet the evaluation criteria and the needs of the Public Works Department. The first term of the Contract is two years beginning April 1, 2020, through March 31, 2022. The Contract may be extended through a total of three separate one-year extensions, subject to City Council appropriation of funds. The maximum length of the Contract would be up to five years. Recommended Action: It is recommended that the City Council award the Contract for Asphalt Cold Milling and Operator Services, RFP No. 20-016, to Pavement Recycling Systems Inc. for a not-to-exceed amount of $115,000 per year for the term of the Contract, and authorize the City Manager to execute the necessary documents. Discussion: The City of Poway maintains approximately 166 center lane miles of street. Although streets are built to last for 20 to 40 years, roads begin to deteriorate from the moment they are constructed. Maintaining all those miles is crucial for the safe and efficient flow of people and goods on the City's roads. Consequently, each year the City performs pavement maintenance on various City streets within one of eight geographic pavement maintenance zones. The pavement maintenance that is typically done each year includes crack seal, deep patch and skin patching, slurry seal, asphalt overlay and street striping. The type of pavement treatment depends on the condition of the streets and funding availability. But overall, the annual maintenance work is intended to extend the life of the pavement and avoid more costly repair or replacement of streets. However, when the condition of a 1 of 21 March 18, 2020, Item #4 street (or street section) reaches a point where preventive maintenance is no longer cost-effective, reconstruction is required. Reconstruction of a street involves cold milling, which is the controlled removal of asphalt to a desired depth by rotating drums in grinder machines or planer where existing pavement is milled and removed. Cold milling typically removes 1"-4" of surface asphalt for the application of a new asphalt overlay surface. It preserves ancillary structures (e.g. curb and gutter) but allows improvements to the grade and surface of the pavement section. Asphalt cold milling services are required to assist Public Works staff in their maintenance operation activities for the hot mix asphalt paving program, otherwise known as overlay. The City's most recent asphalt cold milling and operator services contract expired on December 31, 2019. To obtain a new contract before the paving season, the City issued a notice inviting proposals for asphalt cold milling and operator services on December 19, 2019, and January 2, 2020, in the Poway News Chieftain. In order to competitively bid all contract services and select the most qualified firms, staff also advertised the bid opportunity through the City's electronic bid notification system, Construction Bidboard, which markets the City's bid solicitations to registered vendors and markets opportunities throughout the construction industry. In addition, the bid opportunity was made available for download from the City's website. One proposal was received and opened on January 17, 2020. It is important to highlight that there is a limited pool of available contractors to provide this service due to the specialized equipment involved. Public Works staff reviewed the proposal submitted by Pavement Recycling Systems Inc. and determined it met the department's needs . Pavement Recycling Systems Inc. was the City's most recent service provider and has been providing service to the satisfaction of staff for the past five years. As part of the proposal, hourly charges were requested for different time periods during the week. The cost results from Pavement Recycling Systems Inc. is included in Table 1 below: Table 1: Service Rates Service Type Mon-Fri. After Hours & Sunday & 7 a.m. - 6 p.m. Saturday Holidays 48" Asphalt Cold $664.00 $740.00 $815.00 Milling Machine and Operator Move On / Move Off $200.00 Charge It should be noted that all operations requiring the contracted services are currently scheduled during regular City business hours. Use of the contract after hours, Saturdays, Sundays or Holidays would only be initiated in the case of an emergency. Under the Contract, the City would be charged the hourly rate noted above for the use of the pavement planer equipment and operator. Pavement Recycling Systems Inc. has been providing cold milling services to the Southern California market since 1989 and has become the region's only integrated provider with a first-class safety program and the newest and most diverse technologically advance fleet of pavement planers. The length of the initial Contract is two years beginning April 1, 2020, through March 31, 2022 . The annual cost for asphalt cold milling and operator services will not exceed the amount of $115,000 for each of the years in the first term of the Contract. The Contract may be extended subject to Council appropriation of funds and the mutual agreement between the City and Pavement Recycling Systems 2 of 21 March 18, 2020, Item #4 Inc. through a total of three separate one-year term extensions. The maximum length of the Contract would be up to five years. Environmental Review: This action is not subject to review under ~he California Environmental Quality Act (CEQA). Fiscal Impact: Funds are available in the Street Maintenance Division's Fiscal Year 2019-20 Budget (411040-43201) for as-needed asphalt cold milling and operator services. Amounts for subsequent fiscal years will be included in the annual budget process for Council's consideration. Public Notification: None. Attachments: A. Contract with Pavement Recycling Systems Inc. Reviewed/ Approved By: wendl<:aserman Assistant City Manager 3 of 21 Reviewed By: Alan Fenstermacher City Attorney Approved By: cft!J(2 City Manager March 18, 2020, Item #4 City of Poway STANDARD AGREEMENT FOR SERVICES This Agreement, entered into this First day of April, 2020, by and between the CITY OF POWAY (hereinafter referred to as "City") and Pavement Recycling Systems Inc. (hereinafter referred to as "Contractor"). RECITALS WHEREAS, City desires to obtain the services of a private Contractor to perform asphalt cold milling and operator services for the City (Project); and WHEREAS, Contractor is a(n) integrated pavement maintenance Contractor and has represented that Contractor possesses the necessary qualifications to provide such services; and WHEREAS, City has authorized the preparation of an agreement to retain the services of Contractor as hereinafter set forth. NOW, THEREFORE , IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONTRACTOR ON THE FOLLOWING TERMS AND CONDITIONS : 1. Scope of Services. Contractor shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 2. Compensation and Reimbursement. City shall compensate and reimburse Contractor as provided in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 3. Term of Agreement. The term of this Agreement shall be as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 4. Termination. This Agreement may be terminated with or without cause by City. Termination without cause shall be effective only upon 60-day written notice to Contractor. During said 60- day period Contractor shall perform all consulting services in accordance with this Agreement. This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Contractor in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by City. Termination for cause shall be effected by delivery of written notice of termination to Contractor. Such termination shall be effective upon delivery of said notice. 4 of 21 1 ATTACHMENT A March 18, 2020, Item #4 5. Confidential Relationship. City may from time to time communicate to Contractor certain information to enable Contractor to effectively perform the services. Contractor shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Contractor shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services. The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Contractor, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Contractor without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Contractor by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. Contractor shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this contract without the prior written consent of the City. In its performance hereunder, Contractor shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. 6. Office Space and Clerical Support. Contractor shall provide its own office space and clerical support at its sole cost and expense. 7. Covenant Against Contingent Fees. Contractor declares that it has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement. For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 8. Ownership of Documents. All memoranda, reports, plans, specifications, maps and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Contractor upon demand. 9. Conflict of Interest and Political Reform Act Obligations. During the term of this Agreement Contractor shall not act as Contractor or perform services of any kind for any person or entity whose interests conflict in any way with those of the City of Poway. Contractor shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Contractor shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Contractor has a financial interest as defined in Government Code Section 87103. Contractor represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City. 5 of 21 2 March 18, 2020, Item #4 "Contractor" means an individual who, pursuant to a contract with a state or local agency: (A) Makes a governmental decision whether to: 1. Approve a rate, rule or regulation; 2. Adopt or enforce a law; 3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement; 4. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval; 5. Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract; 6. Grant City approval to a plan, design, report, study, or similar item; 7. Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof; or (B) Serves in a staff capacity with the City and in that capacity participates in making a governmental decision as defined in the Political Reform Act and/or implementing regulations promulgated by the Fair Political Practices Commission, or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City's Conflict of Interest Code. DISCLOSURE DETERMINATION: ~ 1. Contractor/Contractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. No disclosure required. D 2. Contractor/Contractor will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, Contractor/Contractor shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law. Department Director 10. No Assignments. Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void . 11. Maintenance of Records. Contractor shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the contract period and for three (3) 6 of 21 3 March 18, 2020, Item #4 years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested. 12. Independent Contractor. At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of the City of Poway . City shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Contractor accomplishes such services. 13. Licenses, Permits, Etc. Contractor represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Contractor to practice its profession. 14. Contractor's Insurance. Contractor shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 15. Indemnification. (a) For Claims (as defined herein) other than those alleged to arise from Contractor's negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "lndemnitees") shall have no liability to Contractor or any other person for, and Contractor shall indemnify, protect and hold harmless lndemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Contractor's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Contractor, its agents, officers, directors, sub-Contractors or employees. (b) For Claims alleged to arise from Contractor's negligent performance of professional services, lndemnitees shall have no liability to Contractor or any other person for, and Contractor shall indemnify and hold harmless lndemnitees from and against, any and all Claims that lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Contractor's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Contractor, its agents, officers, directors, sub-Contractors or employees, committed in performing any of professional services under this Agreement. For Claims alleged to arise from Contractor's professional services, Contractor's defense obligation to lndemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Contractor's negligence. 7 of 21 4 March 18, 2020, Item #4 (c) The foregoing obligations of Contractor shall not apply to the extent that the Claims arise from the sole negligence or willful misconduct of City or its elected and appointed boards, officials, officers, agents, employees and volunteers. (d) In any and all Claims against City by any employees of the Contractor, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section 15 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor under worker's compensation acts, disability benefit acts or other employee benefit acts. (e) Contractor shall, upon receipt of written notice of any Claim, promptly take all action necessary to make a claim under any applicable insurance policy or policies Contractor is carrying and maintaining; however, if Contractor fails to take such action as is necessary to make a claim under any such insurance policy, Contractor shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Contractor under any insurance policy or policies required pursuant to this Agreement. (f) The obligations described in Section 15(a) through (e) above shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person indemnified pursuant to this Section 15. (g) The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement. 16. Assumption of Risk. Except for injuries to persons caused by the willful misconduct of any lndemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Contractor: (a) Contractor hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Contractor that occurs in the course of, or in connection with, the performance of Contractor's obligations under this Agreement, including but not limited to Contractor's Scope of Services; and (b) it is hereby agreed that the lndemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Contractor or its employees in connection with Contractor's performance its obligations under this Agreement, including but not limited to Contractor's Scope of Services. 17. Contractor Not an Agent. Except as City may specify in writing, Contractor shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 18. Personnel. Contractor shall assign qualified and certified personnel to perform requested services. The City shall have the right to review and disapprove personnel for assignment to Poway projects . City shall have the unrestricted right to order the removal of any person(s) assigned by Contractor by giving oral or written notice to Contractor to such effect. 8 of 21 5 March 18, 2020, Item #4 Contractor's personnel shall at all times comply with City's drug and alcohol policies then in effect. 19. Notices. Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 20. Governing Law, Forum Selection and Attorneys' Fees. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California . Each party to this Agreement consents to personal jurisdiction in San Diego County, California, and hereby authorizes and accepts service of process sufficient for personal jurisdiction by first class mail, registered or cert ified, postage prepaid, to its address for giving notice as set forth in Exhibit "A" hereto. Any action to enforce or interpret the terms or conditions of this Agreement shall be brought in the Superior Court in San Diego County , Central Division, unless the parties mutually agree to submit their dispute to arbitration. Contractor hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure section 394 . The prevailing party in any such action or proceeding shall be entitled to recover all of its reasonable litigation expenses, including its expert fees, attorneys ' fees, courts costs, arbitration costs, and any other fees. Notwithstanding the foregoing, in the event that the subject of such an action is compensation claimed by Contractor in the event of termination, Contractor's damages shall be limited to compensation for the 60-day period for which Contractor would have been entitled to receive compensation if terminated without cause , and neither party shall be entitled to recover their litigation expenses . 21. Gender. Whether referred to in the masculine, feminine, or as "it," "Contractor" shall mean the individual or corporate Contractor and any and all employees of Contractor providing services hereunder. 22. Counterparts. This Agreement (and any amendments) may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Documents delivered by telephonic facsimile transmission shall be valid and binding. 23. Entire Agreement. This Agreement shall constitute the entire understanding between Contractor and City relating to the terms and conditions of the services to be performed by Contractor. No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby. 24. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013. Contractor hereby certifies that all persons providing services to City by Contractor are not current members of the California Public Employees' Retirement System (Cal PERS) and shall not become members of CalPERS while providing services to City. 9 of 21 6 March 18, 2020, Item #4 Contractor further provides that in the event Contractor assigns a retired annuitant receiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in full compliance with Government Code section 7522.56. A copy of Government Code section 7522.56 is attached hereto as Exhibit "B." Further, Contractor hereby fully and unconditionally indemnifies City from all penalties, fees, employer and employee contributions, or any other assessments imposed by CalPERS in the event CalPERS determines the person assigned by Contractor to provide services to City has been misclassified. 25. Severability. If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect. (Remainder of page intentionally left blank) 10 of 21 7 March 18, 2020, Item #4 IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written . CITY OF POWAY By:----------- Chris Hazeltine, City Manager Date: ___________ _ ATTEST: Faviola Medina, City Clerk APPROVED AS TO FORM: By : _____________ _ Alan Fenstermacher, City Attorney 11 of 21 8 PAVEMENT RECYCLING SYSTEMS INC. By : ___________ _ Name, Title Date: ___________ _ March 18, 2020, Item #4 A. "SPECIAL PROVISIONS" EXHIBIT "A" Scope of Services. Contractor agrees to perform consulting services as required by City, which shall consist of the cold milling services further described in the Scope of Services submitted with the proposals dated January 17, 2020, which is included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein. Contractor shall provide the necessary qualified personnel to perform the services. B. Compensation and Reimbursement. City shall pay Contractor a fee in accordance with the Fee Proposals submitted with the proposals dated January 17, 2020, which are included in this document as Attachment 2. Total fee is not-to-exceed $115,000 per year, during the term of the Agreement. Contractor's fee shall include and Contractor shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received. In addition to said consulting fee, Contractor shall be reimbursed for all reasonable expenses, including lodging, telephone, and travel (air, auto, rail) necessarily incurred in performance of the services. Contractor shall bill City for such expenses as incurred, referencing this Agreement. All expenses shall be itemized and supported by receipts for amounts in excess of Twenty-Five Dollars ($25.00). Statements for reimbursement of expenses shall be paid within ten (10) days of approval by City. All air travel shall be billed at coach or special fare rates. Reimbursement for lodging is limited to travel from outside of San Diego County. Contractor shall receive prior authorization for air travel and lodging expenses. All other expenses shall be reimbursed in accordance with City's cash disbursement policies in effect at the time incurred. C. Term of Agreement. This Agreement shall be effective from the period commencing April 1, 2020, and ending March 31, 2022, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." This Agreement may be extended for up to three additional one-year periods upon approval in writing of the City Manager and Contractor. Upon expiration or termination of this Agreement, Contractor shall return to City any and all equipment, documents or materials and all copies made thereof which Contractor received from City or produced for City for the purposes of this Agreement. D. Contractor's Insurance. 1. Coverages: Contractor shall obtain and maintain during the life of this Agreement all of the following insurance coverages: (a) Comprehensive General Liability, including premises-operations, products/completed, broad form property damage, and blanket contractual liability with the following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate. 12 of 21 9 March 18, 2020, Item #4 (b) Automobile Liability, including owned, hired, and non-owned vehicles: $1,000,000 combined single limit. (c) Contractor shall obtain and maintain, during the life of the Agreement, a policy of Professional Errors and Omissions Liability Insurance with policy limits of not less than $1,000,000 combined single limits, per claim and annual aggregate. (d) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance. 2. Endorsements: Endorsements shall be obtained so that each policy contains the following three provisions: (a) Additional Insured. (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) "City of Poway and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City." (b) Notice. "Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to City." (c) Primary Coverage. "The policy provides primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City." 3. Insurance Certificates: Contractor shall provide City certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by City, prior to beginning work under this Agreement. E. Notices. All notices, billings and payments hereunder shall be in writing and sent to the following addresses: To City: To Contractor: 13 of 21 10 City of Poway P.O. Box 789 Poway, CA 92074 Complete Name and Address March 18, 2020, Item #4 EXHIBIT "B" Cal Gov Code§ 7522.56 Deering' s California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6, 2018 Ballot Measures. Deering's California Codes Annotated> GOVERNMENT CODE> Title 1 General> Division 7 Miscellaneous > Chapter 21 Public Pension and Retirement Plans > Article 4 California Public Employees' Pension Reform Act of 2013 § 7522.56. Provisions applicable to person receiving pension benefit from public retirement system; Section supersedes conflicting provisions (a)This section shall apply to any person who is receiving a pension benefit from a public retirement system and shall supersede any other provision in conflict with this section. (b) A retired person shall not serve, be employed by, or be employed through a contract directly by, a public employer in the same public retirement system from which the retiree receives the benefit without reinstatement from retirement, except as permitted by this section. (c) A person who retires from a public employer may serve without reinstatement from retirement or loss or interruption of benefits provided by the retirement system upon appointment by the appointing power of a public employer either during an emergency to prevent stoppage of public business or because the retired person has skills needed to perform work of limited duration. ( d)Appointments of the person authorized under this section shall not exceed a total for all employers in that public retirement system of 960 hours or other equivalent limit, in a calendar or fiscal year, depending on the administrator of the system. The rate of pay for the employment shall not be less than the minimum, nor exceed the maximum, paid by the employer to other employees performing comparable duties, divided by 173.333 to equal an hourly rate. A retired person whose employment without reinstatement is authorized by this section shall acquire no service credit or retirement rights under this section with respect to the employment unless he or she reinstates from retirement. (e) 14 of 21 (l)Notwithstanding subdivision (c), any retired person shall not be eligible to serve or be employed by a public employer if, during the 12-month period prior to an appointment described in this section, the retired person received any unemployment insurance compensation arising out of prior employment subject to this section with 11 March 18, 2020, Item #4 Cal Gov Code § 7522.56 a public employer. A retiree shall certify in writing to the employer upon accepting an offer of employment that he or she is in compliance with this requirement. (2)A retired person who accepts an appointment after receiving unemployment insurance compensation as described in this subdivision shall terminate that employment on the last day of the current pay period and shall not be eligible for reappointment subject to this section for a period of 12 months following the last day of employment. (f)A retired person shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement unless he or she meets one of the following conditions: 15 of 21 (l)The employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar. (2) (A)Except as otherwise provided in this paragraph, for state employees, the state employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed state employment position before 180 days have passed and the appointment has been approved by the Department of Human Resources. The department may establish a process to delegate appointing authority to individual state agencies, but shall audit the process to determine if abuses of the system occur. If necessary, the department may assume an agency's appointing authority for retired workers and may charge the department an appropriate amount for administering that authority. (B)For legislative employees, the Senate Committee on Rules or the Assembly Rules Committee certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. (C)For employees of the California State University, the Trustees of the .California State University certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. (3)The retiree is eligible to participate in the Faculty Early Retirement Program pursuant to a collective bargaining agreement with the California State University that existed prior to January 1, 2013, or has been included in subsequent agreements. (4)The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter. 12 March 18, 2020, Item #4 Cal Gov Code§ 7522.56 (g)A retired person who accepted a retirement incentive upon retirement shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement and subdivision (f) shall not apply. (h)This section shall not apply to a person who is retired from the State Teachers' Retirement System, and who is subject to Section 24214, 24214.5 or 26812 of the Education Code. (i)This section shall not apply to (1) a subordinate judicial officer whose position, upon retirement, is converted to a judgeship pursuant to Section 69615, and he or she returns to work in the converted position, and the employer is a trial court, or (2) a retiree of the Judges' Retirement System or the Judges' Retirement System II who is assigned to .serve in a court pursuant to Section 68543.5. History Added Stats 2012 ch 296 § 15 (AB 340), effective January 1, 2013. Amended Stats 2013 ch 528 § 11 (SB 13), effective October 4, 2013 (ch 528 prevails); ch 76 § 75 (AB 383), effective January 1, 2013; Stats 2014 ch 238 § 1 (AB 2476), effective January 1, 2015. Annotations Notes Amendments: Note-- Amendments: 2013 Amendment: Substituted (1) "have passed" for "has passed" in the first sentence of subds (f)(l) and (f)(2); (2) "or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter" for "of firefighter" in subd (f)(4); and (3) "Judges' Retirement System" for "Judges' Retirement System I" in subd (i). 16 of 21 13 March 18, 2020, Item #4 GUARANTY To the City of Poway, City Council, for: ASPHALT COLD MILLING AND OPERATOR SERVICES The undersigned guarantees the work included in this project(s). Should any of the materials or equipment prove defective or should the work as a whole prove defective, due to faulty workmanship, material furnished or methods of installation, or should the work or any part thereof fail to operate properly as originally intended and in accordance with the Plans and Specifications, due to any of the above causes, all within the number of months the site is to be maintained after date on which this Contract is accepted by the City, or the date of recordation of Notice of Completion, whichever is the later, the undersigned agrees to reimburse the City upon demand, for its expenses incurred in restoring said work to the condition contemplated in said project, including the cost of any such equipment or materials replaced and the cost of removing and replacing any other work necessary to make such replacement or repairs, or upon demand by the City, to replace any such material and to repair said work completely without cost to the City so that said work will function successfully as originally contemplated. The City shall have the unqualified option to make any needed replacements or repairs itself or to have such replacements or repairs done by the undersigned. In the event the City elects to have said work performed by the undersigned, the undersigned agrees that the repairs shall be made and such materials as are necessary shall be furnished and installed within a reasonable time after the receipt of demand from the City. If the undersigned shall fail or refuse to comply with his obligations under this guaranty, the City shall be entitled to all cost and expenses, including attorney's fees, reasonably incurred by reason of the said failure or refusal. Contractor Signature Date **TO BE SUBMITTED WITH EXECUTED CONTRACT** 17 of 21 14 March 18, 2020, Item #4 WORKERS' COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each Contractor to whom a public works Contract has been awarded shall sign the following certificate and shall submit same to the City of Poway prior to performing any work on the Contract: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self- insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract." Contractor By: Title Date Section 3700 of the State Labor Code reads in part as follows: "Every employer except the State shall secure the payment of compensation in one or more of the following ways: (a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this state. (b) By securing from the Director of Industrial Relations a certificate of consent to self- insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his employees." **TO BE SUBMITTED WITH EXECUTED CONTRACT** 18 of 21 15 March 18, 2020, Item #4 ATTACHMENT 1 TECHNICAL SPECIFICATIONS 1. Purpose: The purpose of this contract is to provide comprehensive ASPHALT COLD MILLING AND OPERATOR SERVICES for the City of Poway . The City proposes to contract with a service agency that is proactive in their work standards and can meet the qualifications set forth in this proposal package . The selected contractor shall perform 48" wide x 1-6" depth Asphalt Cold Milling and Operator Services for a minimum 100 hours per year. The cold milling machines must have a conveyor capable of loading five-and ten-yard dump trucks. Any additional hours above the 100-hour minimum will be paid at the rate used to calculate the 100-hour bid amount. The City will provide construction surveying and staking. 2. Technical Specifications: a. Work described , as being performed daily shall be performed Monday through Friday between the hours of 7:00 a.m . to 6 :00 p.m. unless otherwise authorized . The driver's start time begins upon arrival at the job site, at the scheduled time given to start the work day. The driver's stop time is when the onsite Project Manager signs the driver's time sheet. b. The determination of the total daily productive man-hour requirements for the performance of all services herein is the sole responsibility of the successful Contractor. It is of the utmost importance that the Contractor utilizes skilled and productive manpower in order to satisfactorily furnish the required level of service specified in this solicitation. Failure on the part of the Contractor to utilize skilled and productive manpower may produce unsatisfactory results, which may cause the Director of Public Works to make adjustments to the Contractor's invoice(s) for unsatisfactory or omitted work. c. The Contractor shall comply with applicable OSHA and Federal regulations under CFR 29; Section 1910.12 for proper training and by providing Material Safety Data Sheets proposed for use within ten (10) days of award of contract. 3. Personnel: Drivers are to hold Class A Driver's Licenses with proper endorsements to operate equipment per this proposal. The driver must have his/her valid license with proper endorsements in his/her possession while performing on the job for the City of Poway They will adhere to all code standards of the City of Poway, EPA and any other state and federal requirements. 4. Local Office: The selected contractor shall maintain a local office within the County of San Diego within a 50-mile radius of the City of Poway limits and shall have a competent representative available during working hours to discuss matters pertaining to the contract and who can make authoritative decisions. At all times during the term of this contract , the contractor shall provide the City with a twenty-four (24) hour per day, seven (7) day per week emergency or pager phone number. An answering service is not acceptable, except when forwarding oral complaints (which shall be followed by written notice). Within two (2) hours after an emergency call is made requesting the contractor to perform emergency services, the contractor shall be on site to commence the required service. 19 of 21 March 18, 2020, Item #4 ATTACHMENT 1 5. Cold milling operators must be able to grind and load 6,000 square feet of pavement within a four-hour period . Generally, crews will only be able to support the cold milling of 2,000 to 6,000 square feet per day over a four -hour period . 6. Operators must have five years of continuous experience in milling machine operation and hold appropriate licenses . 7. Cold milling machines no more than 10 years old are to be in sound mechanical condition and can be checked at any time by our Vehicle Maintenance Supervisor to insure they meet all appropriate standards. Drivers are to hold at minimum a Class A Driver's License. 8. Cold milling machines are required to be available within a two-week notification. Operators must be prepared to plane all thicknesses of asphalt and similar materials on various City roads. City crew leader and/or supervisor responsible for the grinding operation can continually evaluate the performance of the grinders and operators. Termination of services can occur if the operators are not performing to the satisfaction of the City supervisor. 9. Rental of the cold milling machines and operators will be for a minimum of four hours per day, include weekday-operating hours, but will not include down time for maintenance or repair. Cold milling operators must hold proper vehicle, liability and Workman's Compensation insurance as specified in the contract. 10. A one-time move on/move off charge will be paid by the City when the cold milling machines are brought into Poway and when removed once the job is completed or by the request of the City. 11. Cost is all-inclusive for the operation of the cold milling and operators performing specified work. 12. Providing 24-hour repair service and having a qualified technician respond to any call made by the City representative within a two (2) hour time frame and making necessary repairs. [Remainder of Page Left Blank Intentionally] 20 of 21 March 18, 2020, Item #4 PROPOSAL TABLE HOURLY RA TES INCLUDES OVERHEAD Service Type Mon-Fri After Hours & 7:00am--6:00pm Saturday 48" Asphalt Cold Milling $ ~1.:,4. o0 $ J'-10-CO Machine and Operator AMOUNT IN WORDS Mon -Fri 7:00am to 6:00pm: 48" Asphalt Cold Milling Machine and Operator: TOTAL IN WORDS: ATTACHMENT 2 Sunday & Holidays $ tc,\5. oO _____________ DOLLARS and ____ 2_ER_O ________ CENTS After Hours & Saturday: 48" Asphalt Cold Milling Machine and Operator: TOTAL IN WORDS: -----------~_.DOLLARS and ___ -z._~ __________ CENTS Sunday and Holidays: 48" Asphalt Cold Milling Machine and Operator. TOTAL IN WORDS: _____________ DOLLARS and __ -'-z....EP-J="--'-o ________ CENTS Service Type Move On / Move Off Charge I$ ?-c,0-CO TOTAL IN WORDS: 17 21 of 21 March 18, 2020, Item #4