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HomeMy WebLinkAbout2008-026 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 NO. 2008-26 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AN INCREASE IN THE AMOUNT OF $417,334 TO THE PURCHASE ORDER TO NELSON PAVING AND GRADING CORPORATION (NPG), AND AUTHORIZING THE CITY MANAGER TO EXECUTE A VENDOR SERVICES AGREEMENT WITH NPG FOR PAVING REPAIRS TO PARKING LOTS AT CITY PARKS. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That the Director of Finance, or his/her designee, be authorized to increase purchase order to Nelson Paving and Grading (NPG) in the amount $417,334 to accomplish paving repairs to parking lots at the following City parks: Anne Shirrell's, Blair, Encanto, Highland Little League, LittlefieldlShultis, Meadowbrook, Nicholson, Nunez, Perris Hill, Speicher and Wildwood (CIP Projects Numbers P04-08, P04- 17, P07-07, and P08-05); and SECTION 2. That the City Manager is hereby authorized to execute a Vendor Service Agreement, attached hereto and marked Exhibit "A", with Nelson Paving and Grading (NPG); and SECTION 3. That the above authorizations shall be void and of no further effect if not executed within sixty days from the date that this Resolution is adopted. III III III III III III III 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AN INCREASE IN THE AMOUNT OF $417,334 TO THE PURCHASE ORDER TO NELSON PAVING AND GRADING CORPORATION (NPG), AND AUTHORIZING THE CITY MANAGER TO EXECUTE A VENDOR SERVICES AGREEMENT WITH NPG FOR PAVING REPAIRS TO PARKING LOTS AT CITY PARKS. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a ioint regular meeting thereof, held on the 22nd day of January , 2008, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA x BAXTER x x BRINKER x DERRY KELLEY ~ x JOHNSON MCCAMMACK x ~d--J. J;;. U~ Rac el G. Clark, City Clerk 21 The foregoing resolution is hereby approved this 02l1n day of January 22 23 24 25 26 27 28 2008. ~ City of San Bernardino Approved as to form: James F. Penman, City Attorney D~'~ 2008-26 VENDOR SERVICE AGREEMENT This Vendor Service Agreement is entered into this22ndday of January 2008, by and between Nelson Paving and Grading Corporation ("VENDOR" or "NPG") 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 paving repairs to parking lots at City parks; and WHEREAS, the City of San Bernardino did solicit and accept proposals and bids from a number of vendors; and WHEREAS, Nelson Paving and Grading Corporation was awarded a Contract with two one-year extensions as the lowest responsible bidder by Resolution No. 2006-431 on December 4, 2006, and NPG was awarded a one-year extension to the contract by Resolution No. 2007- 229 on July 2, 2007; and, WHEREAS, it is in the best interests of the CITY to utilize the vendors approved and authorized by the City of San Bernardino to provide paving repairs to parking lots at City parks. 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 Attachment "A", "Estimate/Proposal" from NPG Inc., dated October 17,2007, attached hereto and incorporated herein by this reference. IISierralPRICouncil ActionslCouncil Action Jan-Mar 2008\VSA for Nelson Paving and Grading Corp.doc; January 2, 2008;KF:ldl 2008-26 2. COMPENSA nON AND EXPENSES. a. For the services delineated above, the CITY, upon presentation of an invoice, shall pay the VENDOR the amount of $4 I 7,334 for parking lot pavement repairs at various City parks. b. No other expenditures made by VENDOR shall be reimbursed by CITY, 3. TERM; SEVERABILITY. 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. 4. INDEMNITY. CITY agrees to indemnifY and hold harmless VENDOR, its officers, agents and volunteers from any and all claims, actions, or losses, damages and/or liability resulting from CITY's negligent acts or omissions arising from the CITY's performance of its obligations under the Agreement. VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, and volunteers from any and all claim, actions, or losses, damages and/or liability resulting from VENDOR's negligent acts or omissions arising from the VENDOR's performance of its obligations under the Agreement. In the event the CITY and/or the VENDOR is found to be comparatively at fault for any claim, action, loss, or damage which results from their respective obligations under the Agreement, the CITY and/or VENDOR shall indemnify the other to the extent of this comparative fault. 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 IISierralPRICouncil ActionslCouncil Action Jan-Mar 20081VSA for Nelson Paving and Grading Corp.doc; January 2, 2008;KF:ldl 2008-26 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 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 engage in, nor permit its officers, employees or agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or sexual orientation, or any other status protected by law, except as permitted pursuant to Section 129040 of the California Government Code. 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, IISierralPRICouncil ActionslCouncil Action Jan-Mar 20081VSA for Nelson Paving and Grading Corp.doc; January 2, 2008;KF:ldl 2008-26 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: Director of Parks, Recreation and Community Services 201-A North "E" Street Suite #103 San Bernardino, CA 92401 Telephone; (909) 384-5233 TO THE VENDOR: Nelson Paving and Grading Incorporated 1354 Jet Way 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 IISierralPRICouncil ActionslCouncil Action Jan-Mar 20081VSA for Nelson Paving and Grading Corp.doc: January 2, 2008:KF:ldl 2008-26 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 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 convemence 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. \ISierralPRICouncil Actions\Council Action Jan-Mar 2008\VSA for Nelson Paving and Grading Corp.doc; January 2. 2008;KF:ldl 2008-26 Vendor Service Agreement with Nelson Paving and Grading Inc. IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated4lzh. r2008 G AND GRADING INC. :1,_"\ Dated~.b- ,j}-J' , 2008 By: ERNARDINO Fred Wilson, City Manager Approved as to Form: B~;eL James F. Penman, City Attorney IISierralPRICouncil ActionslCouncil Action Jan-Mar 2008\VSA for Nelson Paving and Grading Corp. doc; January 2, 2008;KF:ldl 2008-f6 /7 TT Ii c (-II-( c: Air/? CONTRACT# 42- 5373 . 1354 JET WAY P.O. BOX 1515 PERRIS, CA 92572 ESTIMATE / PROPOSAL ConI. Uc.1i66H79 PH. (760) 320-9600 Desert Division PH. (951) 940-0200 FAX (951) 940-9192 We Handle All Phases of A~p"alt ESTIMATE TO (Client) City of San Bernardino 300 N. "0" Street 4111 Floor San Bernardino. California 92418 DA TK October 17, 2007 PROJECT: Park Resurfacing Attention: Mr. Randy Kuettle Telephone: 909.384-5020 LOCA TION: Various Park Locations Fax: 909-384-5059 Estimator: Richard Shennan NELSON PAVING & SEALING (hereinafter called Contractor) quotes the following estimate to Client for furnishing the material, Jabor and performing the work hereinafter specified, suhject to the terms Rod conditions hereinafter set forth on reverse side of estimate. Ci 0 San Bertlardino Park Resur acin Pro 'eel - enera cope 0 or- Revised/rom SepJem er 13, 2007 OVERLA Y 1, Grind all edges of asphalt 0" - I W' in 4' - 6' as needed. 2. Clean existing asphalt paving as needed prior to placement of asphalt overlay. 3. Place ground sterilizer prior to placement of new asphalt material. 4. Clean crafks frel:..pf debris and vegetation W/'th high pre,ssure blowers, treat cracks with ground sterilizer and fill cracks with ample amount 0 Dura flex.not rubbenzl!d crack tiler mlltel'laL 5. Place 55-I H material prior 10 placement of new asphalt material. 6. Furnish and place I" - I W' of PG64-1 0 asphalt material in order to construct asphalt overlays totaling below listed sq. ft, SLURRY SEAL & RE-STRfPE I. Clean existing asphalt paving as needed with high pressure blowers prior to placement of slurry seal material. 2. Clean crafks frec..pf debris and vegetation w/./h high pre,ssure blowers, treat cracks with ground sterilizer and fill cracks with ample amount 0 Dura flex hot rubbenzl!d crack 11 er mlltel'laL 3. Treat oil spots with an oil sealer. 4, Furnish and place 2 wet directional coats of Poly Last slurry seal material over existing asphalt paving area totating below listed sq. ft. 5. Re-stripe asphalt paving as per existing layout Park Name A/<S O'J.lirlay S I ~rry riea I C[8c');fill Grand Total q. t. q. t. n. t. Anne Shirrells Park 20,000 25.000 INCLUDED 127.000.00 Blair Park 5.000 180,000 INCLUDED 134.600.00 Encanto Park 5.000 119.000 INCLUDED $36,444,00 Highland Little Park 116,000 NO INCLUDED 1103.393.00 Littlefield Park NO 20.000 INCLUDED 16.500.00 Meadowbrook Park 13,000 NO INCLUDED $18,890.00 Nicholson Park 8.000 86,000 INCLUDED . 125.820.00 Nunez Park 21,000 171,000 INCLUDED $47,245.00 PerrisHill Park 5.000 385.000 INCLUDED $44,242.00 Speicher Park ADA Ramp 12,000 INCLUDED $24,000.00 Wildwood Park 15,000 260,000 INCLUDED 149.200.00 Total 1417,334.00 *Note: All prices include striping per existing layout. SPECIAL CONDlTIO/\'S NPG Corporation warranties all materials and workmanship for a period of one year from date of installation. Progress billings upon completion or work completed. Payment in full upon completion of contract work. No retention to be held. Stan Date \0 be m:gotiated upon signing of contract. Upon acceptance of proposal, preliminary information must be provided. This bid is based upon one move.in, Cost of additional moves will be negotiated as they occur, Terms of Client purchase orders, subcontracts, and/or credit approvals must comply with all NPG Corp. terms and conditions, or warranties, if clients terms do not comply contract will be cancelled, Certificate oflnsurance will only comply to work that NPG Corporation is performing. Excludes engineering, staking, soil testing, permits, construction water, handling and disposal of buried or hazardous materials, handling and disposal of rocks, removal or relocation of utilities or irrigation, replacement of landscaping, backfill of curbs, import or export, home owners notilication, erosion control, and dust control, unless noted in bid. All costs associated with the implementation and maintenance of the "Storm Water Pollution Prevention Plan" will he hilled on a time and material basis plus 20% overhead, if required, All costs and responsibilitit:s for implementing Ilnd maintaining a Fugitive Dust "PM ]0" mitigation plan and/or N.P,D.E.S., by others. All items will bt: billed at unit cost or contract amount whichever is greater, Excludt:s prevailing wage. EST/MATED BASE BID:.......,Four HUlldred Seventeen Thousand Three Hundred TlJirtJ! Four Dollars andOOIIOO.......,,$417.334.00 NOTICE: The foregoing does not constitute an offer, unless the fonnal Proposal appearing on t~e r~verse sidehereo~ is signed by a. d~ authonzed representative of contractor (see also paragraph 2 on the reverse hereof). If rough gradmg IS done by other, It sha1l be furnished to us within one-tenth foot, p~~s or m~~~s, offinish~d sub grad~ elev.ation (see also par~graph 6 on tft:l~everse hereof).