March 4, 2025, Item #2
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
AGENDA RE PO RT City of Poway
March 4, 2025
Honorable Mayor and Members of the City CoITcil
Eric Heidemann, Director of Public Works {
Danielle McIntosh, Senior Management Analy~
(858) 668-4729 or [email protected]
CITY COUNCIL
Award of Agreement to Pavement Recycling Systems, Inc. for Asphalt Cold Milling and Operator Services
A request for proposal (RFP) for Asphalt Cold Milling and Operator Services, RFP No. 25-008, was duly advertised on November 28 and December 5, 2024, through the City of Poway's (City) electronic bid notification system. No proposals were received in response to the advertisement. After no proposals were received, staff contacted a potential contractor and received a proposal from Pavement Recycling Systems, Inc. (Pavement Recycling). Staff reviewed the proposal and determined Pavement Recycling to be responsive and qualified to provide these services. The length of the Agreement shall be for two (2) years beginning April 1, 2025, through March 31, 2027. The Agreement may be extended through a total of three (3) separate one-year terms.
Recommended Action:
It is recommended City Council award the Agreement for Asphalt Cold Milling and Operator Services to Pavement Recycling Systems, Inc. and authorize the City Manager to execute the necessary documents.
Discussion:
The City is responsible for approximately 166 center lane miles of streets. While streets are designed to last between 20 to 40 years, deterioration begins immediately after construction. Regular street maintenance is essential to ensure safe and efficient movement of people and goods throughout the City, to extend the lifespan of the pavement, and to prevent major repairs or full replacements. The City conducts in-house annual pavement maintenance focusing on one (1) of the eight (8) geographic zones. Common street maintenance activities include crack sealing, deep patching, skin patching, slurry sealing, asphalt overlay, and street striping. The specific type of treatment applied is determined by staff, based on condition of the streets and availability of funding. When a street or section of roadway reaches a point where regular maintenance is no longer cost-effective, full reconstruction becomes necessary.
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March 4, 2025, Item #2
Street reconstruction involves the process of cold milling, which is the controlled removal of asphalt to a specified depth using rotating drums in grinder machines or planers. This process typically removes one (1) to four (4) inches of the existing surface asphalt, preparing the street for a new asphalt overlay. Cold milling helps preserve ancillary structures such as curbs and gutters, while also allowing for improvements to the grade and surface of the pavement section. Cold milling is a critical service needed to support the hot mix asphalt paving program, commonly referred to as overlay, which is an essential part of maintaining and enhancing the City's streets.
The City issued a notice inviting proposals for asphalt cold milling and operator services on November 28 and December 5, 2024, and proactively contacted companies to encourage submissions. No proposals were received in response to the advertisement. After no proposals were received, staff contacted a potential contractor and received a proposal from Pavement Recycling. Staff reviewed the proposal and determined Pavement Recycling to be responsive and qualified to provide these services. Evaluation criteria included the firm's experience, capacity to perform, and proposed cost.
The overall cost was deemed reasonable and reflects a typical increase based on the Consumer Price Index (CPI) compared to the previous contract. The hourly rates for work performed during scheduled operations are outlined in Table 1 below.
Table 1:
Asphalt Cold Milling and Operator Services Rates
Service Type Mon-Fri After Hours & Sunday &
7:00am-5:00pm Saturday Holidays
48" Asphalt Cold Milling $820 $949 $1,078 Machine and Operator Move On / Move Off Charge $250
The length of the proposed Agreement shall be for two (2) years beginning April 1, 2025, through March 31, 2027. The Agreement may be extended subject to City Council appropriation of funds through a total of three (3) separate one-year terms. The maximum length of the Agreement would be up to five (5) years.
Environmental Review:
This action is not subject to review under the California Environmental Quality Act (CEQA).
Fiscal Impact:
Sufficient funds are budgeted in Fiscal Year 2024-25 Street Maintenance budget (411040-43201) for these services. The City proactively plans for street maintenance work as part of the budget development process.
Public Notification:
None.
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March 4, 2025, Item #2
Attachments: A.
Standard
Agreement
Reviewed/Approved
By
:
Wendy
Kaserman
Assistant
City
Manager
3 of
22 Reviewed
By
:
Alan
Fenstermacher
City
Attorney
Approved
By
:
Ch
~
City
Manager
March 4, 2025, Item #2
City
of
Poway
STANDARD
AGREEMENT
FOR
SERVICES
This
Agreement,
entered
into
this
1st
day
of
April
2025,
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
for
Asphalt
Cold
Milling
and
Operator
Services;
WHEREAS,
Contractor
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
in
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
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ATTACHMENT
A
March 4, 2025, Item #2
delivery of written notice of termination to Contractor. Such termination shall be effective upon delivery of said notice.
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 agreement 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.
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March 4, 2025, Item #2
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 interest's 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.
"Contractor" means an individual who, pursuant to a contract with a state or local agency:
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(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:
March 4, 2025, Item #2
~ 1. 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 will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, 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 agreement period and for three (3) 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.
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March 4, 2025, Item #2
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.
(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
fo.r
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
.
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March 4, 2025, Item #2
(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.
Contractor's personnel shall at all times comply with City's drug and alcohol policies then in effect.
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March 4, 2025, Item #2
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
certified,
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.
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22 March 4, 2025, Item #2
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 (CalPERS) and shall not become members of Cal PERS while providing services to City.
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)
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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
ATTEST:
Carrie Gallagher, City Clerk
APPROVED AS TO FORM:
By:------------
Alan Fenstermacher, City Attorney
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Pavement Recycling Systems, Inc.
By:-------------
Allie Schatz, Sr. Branch Estimator
March 4, 2025, Item #2
March 4, 2025, Item #2
1. Scope
Of
Work.
"SPECIAL
PROVISIONS"
EXHIBIT
"A"
The
purpose
of
this
Agreement
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
75 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
75-hour
minimum
will
be
paid
at
the
rate
used
to
calculate
the
75-hour
bid
amount.
The
City
will
provide
construction
surveying
and
staking.
2. Personnel. Drivers
are
to
hold
Class
A
Driver's
Licenses
with
proper
endorsements
to
operate
dump
trucks
and
must
have
a
minimum
five
years
of
experience
working
in
a
construction
work
zone.
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.
13 of
22 3.
Technical
Specifications.
a.
Work
described,
as
being
performed
daily
shall
be
performed
Monday
through
Friday
between
the
hours
of
7:00
a.m.
to
5:00
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
workday.
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.
d.
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
March 4, 2025, Item #2
support
the
cold
milling
of
2,000
to
6,000
square
feet
per
day
over
a
four
hour
period.
e.
Operators
must
have
five
years
of
continuous
experience
in
milling
machine
operation
and
hold
appropriate
licenses.
f.
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.
g.
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.
h.
Rental
of
the
cold
milling
machines
and
operators
will
be
for
a
minimum
of
four
hours
per
day,
including
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.
i.
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.
j.
Cost
is
all-inclusive
for
the
operation
of
the
cold
milling
and
operators
performing
specified
work.
k.
Must
provide
a
24-hour
repair
service
and
must
have
a
qualified
technician
respond
to
any
call
made
by
the
City
representative
within
a
two
(2)
hour
time
frame.
4. Personal
Protective
Equipment.
Contractor
shall
provide
personal
protective
equipment
for
contractor's
personnel,
as
well
as,
fire
extinguishers,
absorbents,
floor
coverings,
traffic
control,
and
other
necessary
spill
containment
materials
for
work
area(s).
5. Unfavorable
Maintenance
Conditions.
During
inclement
weather,
or
other
unsuitable
maintenance
conditions,
the
Contractor
shall
confine
operations
to
work
that
will
not
be
adversely
affected.
No
portion
of
the
work
shall
be
done
under
conditions
that
would
adversely
affect
the
quality
or
the
efficiency
of
the
work,
unless
by
special
means
or
precaution
approved
by
the
City,
allowing
the
Contractor
the
ability
to
perform
the
work
in
a proper
and
satisfactory
manner.
14 of22
March 4, 2025, Item #2
6. Warranty. All
work
performed
under
this
contract
will
carry
a
minimum
thirty-day
warranty
on
labor
and
the
manufacturer's
warranty
on
material.
7. Compensation
and
Reimbursement.
City
shall
pay
Contractor
a
fee
in
accordance
with
the
total
fees
submitted
with
the
proposal
dated
January
8,
2025
,
which
is
included
in
this
document
as
Attachment
1. 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.
6. Term
of
Agreement.
This
Agreement
shall
be
effective
from
the
period
commencing
April
1,
2025,
and
ending
March
31,
2027,
unless
sooner
terminated
by
City
as
prov
ided
in
the
section
of
this
Agreement
entitled
"Termination.
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.
7. 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
Liabi
lity
$1,000,000
Bodily
Injury
and
Property
Damage
combined
each
occurrence
and
$2,000,000
aggregate.
(b)
Automobile
Liability,
including
owned,
hired,
and
non
-owned
vehicles:
$1,000,000
combined single
limit.
15 of
22 March 4, 2025, Item #2
(c) 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.
8. Notices.
All notices, billings and payments hereunder shall be in writing and sent to the following addresses:
To City:
To Contractor:
16 of 22
City of Poway
P.O. Box 789
Poway, CA 92074
Pavement Recycling Systems, Inc.
704 Rock Spring Rd.
Escondido, CA 92025
March 4, 2025, Item #2
ATTACHMENT 1
FEE PROPOSAL
ASPHALT COLD MILLING And OPERA TOR SERVI ES
Service Type Mon-Fri After Hours & Sunday &
7:00am-5:00pm Saturday Holidays
48" Asphalt Cold Milling $820 $949 $1,078 Machine and Operator Move On/ Move Off $250 Charge
INCLUDES OVERHEAD
(Remainder of page intentionally left blank)
17 of22
March 4, 2025, Item #2
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)
18 of 22
(1)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 March 4, 2025, Item #2
any unemployment insurance compensation arising out of prior employment subject to this section with
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:
19 of 22
(1 )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.
March 4, 2025, Item #2
(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. (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 ofthe 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:
2013 Amendment:
Substituted (1) "have passed" for "has passed" in the first sentence of subds (f)(I) 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).
20 of 22
March 4, 2025, Item #2
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
Date
21 of22
March 4, 2025, Item #2
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
."
22 of
22