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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Kevin Hawkins, Director
Subject: RESOLUTION AUTHORIZING
AN INCREASE IN THE AMOUNT OF
$35,455 TO PURCHASE ORDER # 301339
TO NELSON PAVING AND GRADING
CORPORATION (NPG), AND
AUTHORIZING EXECUTION OF A
VENDOR SERVICE AGREEMENT FOR
RESURFACING THE PARKING LOT
AND BASKETBALL COURTS AT
DELMANN HEIGHTS PARK.
M/CC Meeting Date: June 2, 2008
Dept: Parks, Recreation &
Community Services Dept.
Date: May 14,2008
Synopsis of Previous Council Action:
December 4, 2006 - Resolution No. 2006-431 awarding contract to Nelson Paving and
Grading, with two one-year extensions.
July 2,2007 - Resolution No. 2007-229, executing first year option of contract
with Nelson Paving and Grading.
January 22, 2008 - Resolution No. 2008-26, authorizing an increase in the amount
of $417,334 to Purchase Order for Nelson Paving and grading for
paving repairs to parking lots at City Parks.
Recommended Motion:
1) That the Director of Finance be authorized to amend the FY 200712008 Budget
by transferring $28,000 from account no. 243-363-5504-7266 (Nunez Parking Lot
Resurfacing) to account no. 243-363-5504-7753 (Parking Lot Resurfacing - Blair,
Littlefield/Shultis, Perris Hill and Wildwood), and
2) Adopt Resolution.
Signature
cy
Contact person: Ramon Mata
Phone: 5031
Supporting data attached: yes Wards: 6
FUNDING REQUIREMENTS: Amount: $35,445
Source: (Acct. No.) 243-363-5504-7753
(Acct. Description) Park Construction Fund
Finance:
Council Notes:
Agenda Item No. ~
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino authorizing an
increase in the amount of$35,455 to Purchase Order No. 301339 to Nelson Paving and Grading
Corporation (NPG), and authorizing the City Manager to execute a Vendor Service Agreement
with NPG for resurfacing the parking lot and basketball court at Delmann Heights Park.
Background:
In response to Council concerns, and in an effort to maximize resources, the Parks, Recreation
and Community Services Department and the Public Services Department recently collaborated
to expedite pavement resurfacing capital improvement projects at the following parks: Nunez,
Meadowbrook, Nicholson, Speicher, Littlefield/Shultis, Anne Shirrell's, Blair, Encanto, Perris
Hill, Wildwood and Highland Little League. Those projects were completed in April 2008.
It was agreed during the FY 07/08 Capital Improvement Program deliberations that if there was
any fimding remaining after the previously mentioned parking lots were repaired, the need for
pavement rehabilitation at Delmann Heights Park would be addressed. The surface of the
basketball court is in such a state of disrepair that it will require an asphalt overlay. The parking
lot at that location could be significantly improved with a slurry seal application.
. The City is currently being considered for a KaBOOM! build at Delmann Heights Park. The
. rehabilitation to the asphalt surfaces would greatly leverage the benefits of other proposed
improvements to the Park.
Financial Impact:
Funding in the amount of$28,155 is available in the Park Construction Fund account no. 243-
363-5504-7266 (Nunez Parking Lot Resurfacing) for this project. Additionally, there is $7,458
remaining in account no. 243-363-5504-7753 (parking Lot Resurfacing - Blair, Littlefield/
Shultis, Perris Hill and Wildwood). The following budget amendment is requested to transfer
the necessary fimding for the resurfacing project at Delmann Heights Park.
Recommendation:
1) That the Director of Finance be authorized to amend the FY 2007/2008 Budget by
transferring $28,000 from account no. 243-363-5504-7266 (Nunez Parking Lot Resurfacing) to
account no. 243-363-5504-7753 (Parking Lot Resurfacing - Blair, Littlefield/Shultis, Perris Hill
and Wildwood), and
2) Adopt Resolution.
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING AN INCREASE IN THE AMOUNT OF
$35,455 TO PURCHASE ORDER NO. 301339 TO NELSON PAVING AND GRADING
CORPORATION (NPG), AND AUTHORIZING THE CITY MANAGER TO EXECUTE
A VENDOR SERVICE AGREEMENT WITH NPG FOR RESURFACING THE
PARKING LOT AND BASKETBALL COURT AT DELMANN HEIGHTS PARK.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That the Director of Finance is authorized to increase Purchase Order
No. 301339 to Nelson Paving and Grading (NPG) in the amount $35,455 for resurfacing of the
parking lot and basketball court at Delmann Heights Park; 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.
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RESOLUTION OF THE MAYOR AND_ C9MMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING AN INCREASE IN THE AMOUNT OF
$35,455 TO PURCHASE ORDER NO. 301339 TO NELSON PAVING AND GRADING
CORPORATION (NPG), AND AUTHORIZING THE CITY MANAGER TO EXECUTE
A VENDOR SERVICE AGREEMENT WITH NPG FOR RESURFACING THE
PARKING LOT AND BASKETBALL COURT AT DELMANN HEIGHTS PARK.
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
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and Common Council of the City of San Bernardino at a
meeting thereof, held on the
day of
, 2008, by the following
vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
BAXTER
BRINKER
<:) 14 DERRY
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KELLEY
JOHNSON
MCCAMMACK
Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this
day of
2008.
Patrick J. Morris, Mayor
City of San Bernardino
Approved as to form:
James F. Penman, City Attorney
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VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this _ day of
2008, by and between Nelson Paving and Grading, Inc. ("VENDOR") and the City of San
Bernardino ("CITY" or "San Bernardino").
WITNESSETH:
WHEREAS, the Mayor and Common Council have determined that it is advantageous
and in the best interest of the CITY to contract for pavement repairs 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, Inc. (NPG) 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 interest of the CITY to utilize the vendors approved and
authorized by the City of San Bernardino to provide pavement repairs at City parks.
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
For the remuneration stipulated, the CITY hereby engages the services of VENDOR to
provide those products and services as set forth in Attachment "A," "Estimate/Proposal" from
NPG, Inc., dated May 9, 2008, attached hereto and incorporated herein by this reference.
2. COMPENSATION AND EXPENSES.
For the services delineated above, the CITY, upon presentation of an invoice, shall pay
the VENDOR the amount of $35,455, for pavement repairs at Delmann Heights Park. No other
expenditures made by VENDOR shall be reimbursed by CITY.
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3.
TERM; TERMINATION.
This Agreement may be terminated at any time by thirty (30) days written notice by
either party. The terms of this Agreement shall remain in force unless mutually amended.
4. INDEMNITY.
Vendor agrees to and shall indemnify and hold the City, its elected officials, employees,
agents or representatives, free and harmless from all claims, actions, damages and liabilities of
any kind and nature arising from bodily injury, including death, or property damage, based or
asserted upon any actual or alleged act or omission of Vendor, its employees, agents, or
subcontractors, relating to or in any way connected with the accomplishment of the work or
performance of services under this Agreement, unless the bodily injury or property damage was
caused by the sole negligence of the City, its elected officials, employees, agents or
representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its
own expense, including attorney's fees, the City, its elected officials, employees, agents or
representatives from any and all legal actions based upon such actual or alleged acts or
omissions. Vendor hereby waives any and all rights to any types of express or implied
indemnity against the City, its elected officials, employees, agents or representatives, with
respect to third party claims against the Vendor relating to or in any way connected with the
accomplishment of the work or performance of services under this Agreement.
5. INSURANCE.
While not restricting or limiting the foregoing, during the term of this Agreement,
VENDOR shall maintain in effect policies of comprehensive public, general and automobile
liability insurance, in the amount of$I,OOO,OOO.OO 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
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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 condition, marital status, sexual gender or
sexual orientation, or any other status protected by law, except as permitted pursuant to Section
12940 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 licenses, 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 licenses, permits,
qualifications, insurance and approval of whatever nature that are legally required of VENDOR
to practice its business Or profession.
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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 folIows:
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, Inc.
1354 Jet Way
Perris, CA 92572
Telephone: (951) 940-0200
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 alI 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 shalI 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.
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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
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. SEVERABILITY.
If any provision of this Agreement is determined by a court of competent jurisdiction to
be invalid or unenforceable for any reason, such determination shall not affect the validity or
enforceability of the remaining terms and provisions hereof or of the offending provision in any
other circumstance, and the remaining provisions of this Agreement shall remain in full force
and effect.
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17. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between the
parties, and supersedes 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
Nelson Paving and Grading, Inc.
,2008
By:
Its:
Dated
,2008
CITY OF SAN BERNARDINO
By:
Fred Wilson, City Manager
Approved as to Form:
James F. Penman, City Attorney
By:
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