HomeMy WebLinkAbout2009-111
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RESOLUTION NO. 2009-111
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO RATIFYING THE EXTENSION OF THE TERM OF THE
AGREEMENT WITH NELSON PAVING AND GRADING CORPORATION ("NPG")
TO JUNE 30, 2009 AND AUTHORIZING THE EXECUTION OF AN AMENDMENT TO
THE AGREEMENT TO PROVIDE FOR ADDITIONAL SERVICES AND INCREASING
PURCHASE ORDER NUMBER 302326 BY AN ADDITIONAL $38,780.
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WHEREAS, on July 2, 2007, the Mayor and Common Council adopted
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Resolution No, 2007-229 approving a one-year Agreement with NPG for paving
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services with an option to extend the term of the Agreement with the written consent of
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both parties and also thereby approving the issuance of a purchase order in the
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amount of $350,000; and
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WHEREAS, on or about August 23, 2008, NPG performed services under the
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Agreement and was compensated for such services under the Agreement; and
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WHEREAS, by the above described actions it was agreed by the parties that
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the Agreement was thereby extended to June 30, 2009, as affirmed in a written
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communication from NPG dated April 28, 2009; and
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WHEREAS, it is the desire of the Mayor and Common Council the Agreement
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as ratified be amended to provide for additional paving services; and
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WHEREAS, to receive additional paving services the current purchase order
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needs to be increased by $38,780 for a total Purchase Order Amount of $388,780
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The extension of the term of the Agreement to June 30, 2009 is
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hereby ratified.
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2009-111
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO RATIFYING THE EXTENSION OF THE TERM OF THE
AGREEMENT WITH NELSON PAVING AND GRADING CORPORATION ("NPG")
TO JUNE 30, 2009 AND AUTHORIZING THE EXECUTION OF AN AMENDMENT TO
THE AGREEMENT TO PROVIDE FOR ADDITIONAL SERVICES AND INCREASING
PURCHASE ORDER NUMBER 302326 BY AN ADDITIONAL $38,780.
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SECTION 2. The City Manager of the City of San Bernardino is hereby
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authorized to execute on behalf of said City an Amendment to the Agreement between
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the City of San Bernardino and Nelson Paving and Grading Corporation, a copy of
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which is attached hereto, marked Exhibit "A" and incorporated herein by reference as
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fully as though set forth at length.
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SECTION 3. That pursuant to this determination the Director of Finance or her
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designee is hereby authorized to increase Purchase Order Number 302326 by
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$38,780 to Nelson Paving and Grading Corporation for a total amount not to exceed
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$388,780.
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SECTION 4. The Purchase Order shall reference this Resolution Number and
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shall read, "Nelson Paving and Grading Corporation additional asphalt paving
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services. Agreement not to exceed $388,780" and shall incorporate the terms and
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conditions of the agreement.
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2009-11 1
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO RATIFYING THE EXTENSION OF THE TERM OF THE
AGREEMENT WITH NELSON PAVING AND GRADING CORPORATION ("NPG")
TO JUNE 30, 2009 AND AUTHORIZING THE EXECUTION OF AN AMENDMENT TO
THE AGREEMENT TO PROVIDE FOR ADDITIONAL SERVICES AND INCREASING
PURCHASE ORDER NUMBER 302326 BY AN ADDITIONAL $38,780.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
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Mayor and Common Council of the City of San Bernardino at a joint regular
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meeting thereof, held on the 4th
day of May
, 2009, by the
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following vote, to wit
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Council Members:
ABSTAIN ABSENT
AYES
NAYS
ESTRADA
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BAXTER
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BRINKER
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SHORETT
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KELLEY
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JOHNSON
MCCAMMACK
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~Lh.~
Ra el G. Clark, City Clerk
The foregoing resolution is hereby approved this
May , 2009.
STN
day of
~~Yor
City of San Bernardino
Approved as to Form:
2009-111
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AMENDMENT NO.1 TO VENDOR SERVICE AGREEMENT
This Agreement is entered into this 4th day of May 2009, by and between
Nelson Paving and Grading Corporation ("VENDOR") and the City of San
Bernardino ("CITY" or "San Bernardino").
RECITALS
A. On July 2,2007, the Mayor and Common Council authorized the execution of an
Agreement and issuance of a purchase order in the amount of $350,000 with one
one-year extension to Nelson Paving and Grading Corporation for miscellaneous
street repairs throughout the City of San Bernardino ("Agreement"), a copy of which
is attached hereto as Attachment "I" and incorporated by this reference.
B. In FY 08-09, staff exercised its one-year extension option with Nelson Paving and
Grading Corporation for miscellaneous asphalt street repairs which action was
ratified by the Mayor and Common Council on May 4,2009, and authorization was
granted to increase the amount of the purchase order. Pursuant to that authorization
we are hereby amending the Agreement ("Contract") to add $38,780 for a total not
to exceed $388,780 and amend the term of the contract to reflect the expiration date
of June 30, 2009.
C. The CITY and VENDOR now desire to alter the Agreement to increase the amount
of the Agreement by $38,780 for a total not to exceed $388,780 and amend the term
of the contract to reflect the expiration date of June 30, 2009.
AGREEMENT
In consideration of the mutual promises contained in the Vendor Services Agreement,
the parties agree as follows:
1. Section 2 (a) of the Agreement is amended by striking $350,000 and adding
the term $388,780.
EXHIBIT "A"
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2009-111
AMENDMENT NO.1 TO VENDOR SERVICE AGREEMENT
NELSON PAVING AND GRADING CORPORATION
IN WITNESS THEREOF, the parties hereto have executed the Agreement on the day
and date first above written.
Dated: 5/ I i / ,2009
Dated: LlIh,J" /0 , 2009
ATTEST:
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Rachel Clark, City Clerk
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24 James F. Penman, City Attorney
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By:
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Nelsoh pavt'fg nd Gr
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By: . 1
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CITY OF SAN BERNARDINO
(jj~-_/)
By: Lori Sassoon, Acting City Manager
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2007-229
2009':'.1 1.1
ATTACHMENT "1"
VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 2nd day of July
2007, by and between Nelson Paving and Grading (NPG) ("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 ofthe 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 the 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 this purchase agreement.
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 $350,000.00 for providing asphalt-paving
repair.
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 year.
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.
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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
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.
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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 REGISTRA TION 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 Director
300 North "D" Street
San Bernardino, CA 924 18
Telephone: (909) 384-5140
TO THE VENDOR:
NPG Corporation
1354 Jet Way
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2009:"'11. 1
Perris, CA 92571
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 all costs and expenses,
including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of
its rights or femedies hereunder Of 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 enfofcing 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 Of assignment shall release VENDOR
of VENDOR's obligation to perform all othef 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 natufe.
13. GOVERNING LAW.
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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.
,2007
Dated:
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,2007
Dated
By:
ilson, City Manager
Approved as to Form:
P
&i/v"" '-6-,___
. Penman, City Attorney
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20M-lp
Attachment I
RESOLUTION NO. 2007-229
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
PURCHASE ORDER IN THE AMOUNT OF $350,000.00 WITH ONE ONE-YEAR
EXTENSION AT THE CITY'S OPTION, BETWEEN THE CITY OF SAN
BERNARDINO AND NELSON PAVING AND GRADING CORPORATION (NPG),
FOR MISCELLANEOUS STREET REPAIRS THROUGHOUT THE CITY OF SAN
BERNARDINO.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That NPG 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 the City is hereby accepting the first year option.
SECTION 2. That the NPG Corporation shall enter into a Vendor Services
Agreement in the form attached hereto in the total amount of $350,000.00 and the
Purchasing Manager may issue a purchase order for said amount to process the
required payments to NPG Corporation.
SECTION 3. The Purchase Order shall reference this Resolution No.
2006
and shall read, " NPG Corporation for miscellaneous street repairs.
Agreement not to exceed $350,000.00 and shall incorporate the terms and conditions
of this agreement."
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