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HomeMy WebLinkAbout2006-388 , '. RESOLUTIOIII 1110. 2006-388 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF tHE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO RATIFYING THE EXECUTION OF A VENDOR SERVICE AGREEMENT AND ISSUANCE OF A PURCHASE ORDER TO NPG, INC. FOR EMERGENCY REPAIR ON ELECTRIC AVENUE PURSUANT TO SECTION 3.04.075 OF THE MUNICIPAL CODE. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. On the evening of October 13, 2006, a storm cell caused 1 Y, inches of rain to fall in a very short period of time causing a large volume of water to flow over a section of the City, approximately West of Waterman Avenue, North of 40th Street to the Western City Limits. Significant damage occurred along the West Side of Electric Avenue exposing a waterline that serves homes in the area causing a dangerous condition. SECTION 2. Due to the emergency condition described above the Mayor and Common Council of the City of San Bernardino hereby ratify the execution of a Vendor Service Agreement and the issuance of a Purchase Order No. 908716 on October 24, 2006 to NPG Inc., in a not to exceed amount of $88,400.00 for the provision of all labor, materials, and equipment necessary to complete approximately 3600 square feet of emergency street repairs on Electric Avenue. The Mayor is hereby authorized to execute the Vendor Services Agreement as authorized by Section 3.04.075 of the Municipal Code. III 11/ 11/ 11/ 11/ November 1, 2006 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 2 SAN BERNARDINO RATIFYING THE EXECUTION OF A VENDOR SERVICE 3 AGREEMENT AND ISSUANCE OF A PURCHASE ORDER TO NPG, INC. FOR EMERGENCY REPAIR ON ELECTRIC AVENUE PURSUANT TO SECTION 3.04.075 4 OF THE MUNICIPAL CODE. 5 6 7 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the 6th day of November , 2006 by the 8 following vote, to wit: 9 10 AYES NAYS ABSTAIN ABSENT Council Members: 11 12 13 ESTRADA x BAXTER x 14 VACANT 15 DERRY 16 17 x KELLEY x JOHNSON x 18 MCCAMMACK 19 20 21 22 The foregoing resolution is hereby approved this 2006. 23 24 x ~*I~'~ q1J; day of November 25 Approved as to form: 26 27 28 November 1, 2006 2 . , 2006-'388 .' VENDOR SERVICE AGREEMENT This Vendor Service Agreement is entered into this 23rd day of October 2006, by and between NPG Corporation ("VENDOR") and the City of San Bernardino ("CITY" or "San Bernardino"). WITNESSETH: WHEREAS, the Mayor and Common Council has determined that it is advantageous and in the best interest of the CITY to contract for asphalt paving repair; and WHEREAS, the City of San Bernardino did solicit and accept proposals and bids from a number of vendors for emergency asphalt paving repair. NOW, THEREFORE, the parties hereto agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated, San Bernardino hereby engages the services of VENDOR to provide those products and services as set forth in Bid Specifications Emergency Asphalt Paving Repair, dated October 17th, 2006, attached hereto and incorporated herein by this reference. 2. COMPENSATION AND EXPENSES. a. For the services delineated above, the CITY, upon presentation of an invoice, shall pay the VENDOR up to the amount of $88,444.00 for completed emergency asphalt paving repairs. b. No other expenditures made by VENDOR shall be reimbursed by CITY, 3. TERM; SEVERABILITY. The term of this Agreement shall be for a period of one month.. C:IDocuments and Settingslkuettle_ralMy DocumentslAgreement for NPG corp streets Emergency Repairs.doc; October 23, 2006;KF:ldl 200?-388 This Agreement may be terminated at any time by thirty (30) days written notice by either party. The terms of this Agreement shall remain in force unless mutually amended. The duration of this Agreement may be extended with,the written consent of both parties. 4. INDEMNITY. CITY agrees to indenmify and hold harmless VENDOR, its officers, agents and volunteers from any and all claims, actions, or losses, damages and/or liability resulting from CITY's negligent acts or omissions arising from the CITY's performance of its obligations under the Agreement. VENDOR agrees to indenmify and hold harmless the CITY, its officers, agents, and volunteers from any and all claim, actions, or losses, damages and/or liability resulting from VENDOR's negligent acts or omissions arising from the VENDOR's performance of its obligations under the Agreement. In the event the CITY and/or the VENDOR is found to be comparatively at fault for any claim, action, loss, or damage which results from their respective obligations under the Agreement, the CITY and/or VENDOR shall indenmify the other to the extent of this comparative fuult. 5. INSURANCE. While not restricting or limiting the forgoing, during the term of this Agreement, VENDOR shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory worker's compensation coverage, and shall file copies of said policies with the CITY's Risk Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an additional named insured in each policy of insurance provided hereunder. The Certificate of C:IDocuments and Settingslkuellle_ralMy DocumentslAgreement for NPG corp streets Emergency Repairs.doc; October 23. 2006;KF:ldl 2006'-388 Insurance furnished to the CITY shall require the insurer to notifY CITY of any change or termination in the policy. 6. NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, VENDOR shall not discriminate on the basis of race, creed, color, religion, sex, physical handicap, ethnic background or country of origin. 7. INDEPENDENT CONTRACTOR. VENDOR shall perform work tasks provided by this Agreement, but for all intents and purposes VENDOR shall be an independent contractor and not an agent or employee of the CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for VENDOR and its officers, agents, and employees, and all business license, if any are required, in connection with the services to be performed hereunder. 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. VENDOR warrants that it possesses or shall obtain, and maintain a business registration certificate pursuant to Chapter 5 of the Municipal Code, and any other license, permits, qualifications, insurance and approval of whatever nature that are legally required of VENDOR to practice its business or profession. 9. NOTICES. Any notices to be given pursuant to this Agreement shall be deposited with the United States Postal Service, postage prepaid and addressed as follows: TO THE CITY: Public Services Department 300 North "D" Street C:IDocuments and Setlingslkuettle_ralMy DocumentslAgreement for NPG corp streets Emergency Repairs.doc; October 23, 2006;KF:ldl 2006-388 , , ' San Bernardino, CA 92418 Telephone: (909) 384-5140 TO THE VENDOR: NPG Corporation P.O. Box 1515 Perris, CA 92572 10. ATTORNEYS' FEES In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions hereof. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the purposes of this paragraph. 11. ASSIGNMENT. VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for the termination of this Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR of VENDOR's obligation to perform all other obligations to be performed by VENDOR hereunder for the term of this Agreement. 12. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the State courts located in the County of San C:IDocuments and Settingslkuettle_ralMy DocumentslAgreement for NPG corp streets Emergency Repairs,doc; October 23, 2006;KF:ldl . 2006-'388 . . Bernardino, State of California or the U.S. District Court for the Central District of California, Riverside Division. The aforementioned choice of venue is intended by the parties to be the mandatory and not permissive in nature. 13. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. 14. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the parties to this Agreement and their respective heirs, representatives, successors, and assigns. 15. HEADINGS. The subject headings of the sections of this Agreement are included for the purposes of convenience only and shall not affect the construction or the interpretation of any of its provisions. 16. ENTIRE AGREEMENT; MODIFICATION. This Agreement constitutes the entire agreement and the understanding between the parties, and supercedes any prior agreements and understandings relating to the subject manner of this Agreement. This Agreement may be modified or amended only by a written instrument executed by all parties to this Agreement. IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: ~ 200.10 VENDOR. By: ~\ 11_!\"'" dQuLM0 Dated~200~ Its: 6'Jf'r--"I.}k')Q~I+- CITY OF SAN BERNARDINO BY~.~ C:IDocuments and Settingslkuellle_ralMy DocumentslAgree r NPG corp streets Emergency Repairs.doc: October 23, 2006;KF:ldl 200p-388 Patrick J. Morris, Mayor Approved as to Form: JAMES F. PENMAN, :i~,~Q~ James F. Penman, City Attorney C:IDocuments and Settingslkuettle_ralMy DocumentslAgreement for NPG corp streets Emergency Repairs,doc; October 23, 2006;KF:ldl 2006-388 . , . CWv-MSSAN BERNARDINO OFFICE OF THE PURCHASING DIVISION 300 N. "0" ST. SAN BERNARDINO. CALIFORNIA 92418 No. ~ ~ - 908716- _I ORDER D.-\TE - 10/24/06 j --10/24/06'--- .__J ~-I-of 1 ~ REQUIRED DELlVE.oy DATE 10L24/0(; /ENDOR NELSON PAVING & SEALING NPG INC ASPHALT SERVICES POBOX 1515 620830 PERRIS CA 92572 DELIVERY LOCA7JON: (ST2) PUBLIC SERVICES/STREET 234 S MT VIEW AV SAN BERNARDINO CA 92408 ~~.r 12805. ".. ::>MMENTS NET 30 l , _ . . .'._ ~. DESTINATION <<t' .0(>'; s . .w .4- ials = ... B 4'> Bcick.'!'f t cowpact up IT ",}';600 sq/fY; 0 and llP to"2'!f400 sq.ft'~~ A *"<1".; . .%' 5) Grade aI},~ comp~<;;t, area 95% or better. Area~to.b~. ready for" 6" of aggregate base. " 6) Furnish and place 300 In. ft. of Type A concrete curb 8" per "Green Book specifications. I 7) Furnish abd place A" of . asphalt state mix in 2 lifts. 8) Back-fill behind concrete 1 curb. 9) Shade waterline w/ 1 ft. sand. 10) All manpower, materials, traffic control, and proper USA calls are part of I this project. I ******************************************************************* I Memo Accounting Information Qnly General Ledger Account Number Distribution I f~ I ~ r . f 4! , ******* 126-369-5504-5085 r~ I,lj( . . ru H.-\SJl\;GOFFICl.\l ~ -c^~ SUBJECT TO TERMS 6- CONDITIONS STATED ON REVERSE 88,444.00 JI .i j I . , .' ZbO'6':'388 ESt1MATJ: TO (Clle.t) City of Son BemenliTID 3001\\)I'\!1 "0" S\I'OOI 4' flcol Se. Bomardino. Catif<:mi. 92418 CONTRACT II 42.01915 1354 JET WAV P.O. BOX I!U nllP.ls. CA 92571 PH. (760) )20.9600 Dc,." OMoI.. PH. (951) _o::lOQ fAX ("51) 940.919Z COIII.Uc.1f664r.'9 ESTIMA. TE I PROPOSAL W. RoN/l<.411 ",.... oj Asphalt DATE: Qotober 20, 2006 PROJECT: Asphall Work LOCATION: Blectric Av.. EmorgOllC)'R"".in AIU"lIon, Rand)! Kuolll. T.l.pkone: 909-384-5045 /951-377-4832 Fax: 909-384-5059 EotImeto.' JefUlet,on Nt-J.80N PA. vINe'" stALING ~11la1tcr called Cottl...ctOl') quotClS \he !o1I1fi,1nI_"'* to Ctionl1\n rumllninl tho mltfll'ial, labor ud pcrl'ormi"l the W'Jl''' ~~-^" 'PlDtt1l.cc1. sub.. ".0 rtIc tl:mu: f,nd CoM!tlca, borelnaficr Jell forth on 1'eYe'flll;!ide of e51imalc:, dVHALTWORX 1. SA'>'- odiC' 1m.. of asphalt 12 ft. from editing edie to crnter Hue. 2. llcmove an IJphalt In wubed 0111 area. edae,. ~ up to 3,600 sq. :Ft ). Balute vade with Ot)-:ti1:l:materiala C'.... 0'I'~)2 ft:. 4. Back-Till and com.paa ulJ to 3,600 sq. ft. (lfroadwl)'ll11d up to 2,400 sq. fl ofpukway, All fill materials to be 5DTJPUcd "-y City witbin Qf\C mile ~f.)ob INltion. "Now: NPO Corporation will load,and deliver MaterialJ. 5. Grade and compac:tu:n to 95% orbettltf. -Ala. to be ready for 6" ofagerecatebue. 7. J'umlsb ""d pl.e, 4" of aspllall ..... mi. i1'. 21il1s. / 6. Fumisk 8Ild place 300 In. ft. of Type A CQllc:me cutb 8" per Green Book spec;ficadoos. 8. B..ck~tlll bchifld c:onerete C'Jrb. 9. Shade w.tw1lne with 1 ft. sand, "'),lote: NPO will load and dell'\o-er an itnp(ltted material, within (one mitt: or Job. -No..: SInd 'Pl~ over plpo will be billed at T &:M rate, {(needed. 'N,,.: ^"'1.q. fl. over 1,600 aq. ft. to be bi::ed II T &: M ...... TtttrIJ Asphtllt Work: $U,444.(I(I NOTICE: This bid is baSed upon CUlfenl materiel cos\. Due to thr shortage 01 materials. any IncreaS9S to NPG will be made part of this contract and owner shar. pay Increa$l?S. ",reI"! CONDtrrONS NPG Corpon1iOll Wtrf'&\'llWl all m&tctbl".and worbntnllhlp (or.. perI~ orolle )'rar trom_ dl\lc:"fInJtallltlon. Pl"tlCf"$1 ~1Ilu\iS ~complction or \\o'Ol'k. compldcd. payment in !I'll upon completion of.i;or:tract work, ;':0 tet-;mion to be h.eld Start 0t\fI to be ne~iIfled upon-sisninl of ClOIW'lit1. Upon accepWlct of'Pf'OPO'I!. pteliminary intol'lMti~ mull be pTo...idtd. r..,.mer'.l JChecbtc to be dlscuS$od 1l\.1ff\'!t of slgrn", eonciut. Thl~ bid I, buod UIlM cmemovc-ln. Cost of1ldditlonll mo\'e, will be ncso;"r1ed Il.S furl-' "eO',lr, Terms of elent J'arohase aftkn~ ~ "lid/or m4tl JPP10\1Js ml~lt c.nrnp:y with aU NPG Corp. lemu and r.O\'l~lltO\'ls. er wurantlcs. U' client!! ICfIl'\I de nGl COI'l'l1'I)' eclluac:. wi. 11 be c.!JIl(e)leeJ. Cutifioltc or Il15uronce will onl~ comply to .'OI'k ~l.t NPG C~rporation l~ perfom:l.ne. :E)cll!udt~ fIl,Inca:lq. st."'8. ,at1 !fain. p:nniU, CI)l'\lO\l,CdDtl 'Wlllcf, hll'tdlln, and di5pOul ofb:Jrled or huardo111 !1'..a:erids. handliq: ULd disposal o(rocb. ~.,.a1 ~ rtll'lC1l1on ofudUU" or tl'r111tIon. rcpl,"",OI'lt oilandlCll.Plrll, baekl'ill ofcurb3. iMP<<t Or expo", hoC'lc 0'MIcr1 rt'Jdficatlon. !l'Cl1\an conttol. uul- du,. cCfttrcol, unlm l'Iolcd In 'old. All OOstIlPOCi.tcd witb Ille Inrplcm~t.tiOl\ and r.'IlIlatctl~ afthe "3tt1nn Wlltcrpo1Mh:m I'raocntton Flan" wiU be Wltod er, . 1emf an~ material basi, 'P~' 20% O\o~ht3G, if mfJmd, .jJI I;OS,t$ ""d reIJ'OJ!tibilltic:s, for ilr'l'lt'C"lenttn'll::d 'l\'I.i!'l1'tlnlnf, a ':~tlYC Dutt "?M 1 0" IT,ldllltion t'llan end/Of N.P.D.E.S.. 'bY Others. 1\11 ilmlS will be blllr.d .t unit ce,.. or contract llDC'unt whicte'o''l!:r is ,reuter. Excludes prevailln! .....lft. . ESTlltIATED USE I6lD'............E1.tN Bloh' TIro....d Pour Hurulnd.Fo- Four Doll... .ad 001100.............$83 ....00 NOTTCE: Tho fol'tlotng dati 1101 comtftu.te IIr\ offer, unlne lb. fonnalPropO&lll appt.arin& on me: rever" ,ide hCfleOfis, $i~ll1i b\.- a ~u~ ~thorlzed rt-pre!Ientlli\.. of contr't:tor (see also 'P.IraaraI'h 2 on the nVenc hereon, lfrougll fj!'AdinE b done ~ other, it '!b<<.,\ be fumillhe<! to VI \\~tlrin one..te"th 1bot ~1\1!1 or ~ln'ps,. of fifli&hoc1-suft pt tlevadon (,. ,150 t!l!P:Irapb '6 on t11r reverse. hereof)... . 2bo~6~ 388 , . Electric Avenue Emergency Repairs 1. 'Saw edge line of asphalt 12 ft. from existing edge to center line. 2. Remove all asphalt in washed out area, edges, etc. up to 3,600 sq. ft. 3. Balance grade with on-site materials (+ or-) 2 ft. I 4. Back-fill and compact up to 3,600 sq: ft. of roadway and up to 2,400 sq. ft. of parkway. 5. Grade and compact area to 95% or better. Area to be ready for 6" of aggregate base. 6. Furnish and place 300 In. ft. Of Type A concrete curb 8" per Green Book specifications. 7. Furnish and place 4"ofasphalt state mix in 2 lifts. 8. Back-fill behind concrete curb. 9. Shade waterline with 1 ft. sand. 10. All manpower, materials, equipment, traffic control, and proper U.S.A. calls are part of the project. ~ 00/- Jl-Op. -65 d A \8-iD \ O~ r1',o \yl ,- -- 2006'-388 ,', "'MM . MBE 96150015 CA Lie. #724664 Class A PROPOSAL October 17, 2006 City of San Bernardino Public Services Department 300 N. "D" Street San Bernardino, Ca 92418 RE: Electric and 52nd Street Repairs GUZMAN CONSTRUCTION COMPANY HEREIN PROPOSES TIlE FOLLOWING: For the repair and repaving of approximately 280 Ft X 10FT 4 -inches deep area of AC. We will perform work per items No, 1-10 on Fax sent to us by Randy on 10-18-06. Place sand on top of waterline and fill with base, compact, place Type A Curb, Traffic Control, Equipment, Material and Labor are included in this cost. Please note this cost does not include any pouring for sidewalk and we are not responsible for any damage to waterline due to the shallowness of line (3ft) per City's requirements on compaction percentage, we may possibly have 95% on top but not too close to waterline. TOTAL LUMP SUM COST (No Sidewalk): $90,000.00 Should you have any questions feel free to contact me at (909) 890-9975. Thank You, ~~ Ralph Guzman Owner, Guzman Construction Company 1264 South Waterman Ave., Suite 3' San Bernardino, CA 92408 Phone: (909) 890-9975 . Fax: (909) 890-9965 e-mail: guzmanconstco1@aol.com r . , ~1~10-CUVU ncu U~'vl III Ilc!olllVU L..l:HtlIIIGlrlll& . .... "VI ........... ................... , ,', OM RPORATION ContractolS Llc_ NumMr 141783 A P.O. Box 10,000 San 8.mardlno, CA .2412 801312-7400 Fax .01382..0113 Bid Ollie: 10-11008 Company: CnY OF SAN BERNARDINO AttenUon: RANDY KUETTLE R.: ELECTRIC AVE EMERGENCY REPAIRS rrrE~~ENE 8018VE~ESCRlPTION == rUAN~~~~~ _ i UNltPRICET' _ TOT': ~l __- ---- 300T LF 1= , gSAWCUT AC I ..----- -.-.---------------- r-- ---..- - 1 LS I 2 REMOV~_ .--------~ t-----1-----.--+---------\ ____--- 6400 SF - . . 3 BALANCESUBG~pE _.__--- '- ___1____ '.---- __' 6400 SF 4 FINISH S\JBGRADE .- =:; --+--- ------j 5 CLASS II AGGREGATE ~A5E __ ____~j!~ON-.~---.-.-~-----..., _._____ - I 300 LF I 6 8" CURB ..-- ---+---- --------- '7'- 4'A5PHAlTCONCRET~ .__~---_90! TONf.------t--~ 8 SHADE WATERUNE l' SANQ..______ _. _300 1--1!--------;;nr--- I--,-_UZA"ON!~""_---=t: l ~ -_OO:J::::: ......~ E.--==I=---------------L __. ___LTOTAL -1-.__~d'J6,600.0.QJ cONtimONS & EXCLUSIONS: Thll propo88lll good for 30 d.ys, This proposal will be part of any .greemant belWeIlI1 the two parties. If this work Is not performed by December 31, 2006, this proposal is subject to. price adjustment. Payment will be the 10th of the month following the work, no retention will be withheld. Excludes engln88onll, staking, lesting, permits, inspection feel, and bond. This proposal doel not include SWPPP requirements or dust control. Excludes hazardous melllrl.1 ramovat I disposal. Matich is not responsible for damage to underground utilities. Thll does not include adjusting mlltlholes or valves to grade. This proposal does not include providing weedklller. This proposal dOllll nollnclude prime coat, fog SIal, redwood headers or pavement merkings. This proposal Is bes8d on being paid by the ton delivered to the jobsi\e on your grade. This proposal il beSed on unit prices. The quantities are estimated only, and payment will be by ectual quanttty. Thia proposal is bld as I peckage. This proposal is based on one move in, additional move Ins will be billed at $3.500.00. This proposallloe' not Include the cost of construction water. This proposal dOes not include cleaning or sweeping. This proposallloes not inciude the coat of bonds. Phon. # 909 384-5046 Fax # 909 384.5069 Privacy Notlca: This mesaaga is intendlld only lor the _ of thIllndlvidul1 or enUty 10 which 1\10 addre..ed to sod may con1llln Inlormatlon that Ia pltVllegad. confidential or exempt frcm dladoaure under applicable Fedenll or S18te low. K_r of thie message II nollhe Intended recipient you are hereby notifled that dl..amination, dlotrtbulicn or copying of this communication Isllricll) prohibited. II you have received this communication In error, pie... notl~ us Im",edlately.