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HomeMy WebLinkAbout18- Public Services CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTd R I G I NA L From: Randy Kuettle, Acting Director Subject: Resolution of the Mayor and Common Council of the City of San Dept: Public Services Bernardino authorizing the execution of an Agreement and issuance of a Date: February 22, 2010 Purchase Order in the amount of $603,900 with four (4) one-year extensions at the City's option to Nelson Paving and Grading Corporation (NPG) for asphalt paving and repair services throughout the City of San Bernardino. Meeting Date: March 1, 2010 Synopsis of Previous Council Action: Recommended Motion: Adopt Resolution. Signature Contact person: Randy Kuettle, Acting Director Phone: 5140 Supporting data attached: Ward: All Staff Report, Resolution, Vendor Service Agreement and Attachment "1" FUNDING REQUIREMENTS: Amount: $603,900 Source: FY 09-10 See Attached pFinance: Council Notes: l 1 ese ,gO/D Agenda Item No. Ig n t % A 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 the execution of an Agreement and issuance of a Purchase Order in the amount of $603,900 with four (4) one-year extensions at the City's option to Nelson Paving and Grading Corporation (NPG) for asphalt paving and repair services throughout the City of San Bernardino. Background: The Public Services Department, Streets Division is responsible for maintaining all streets in the City. The Streets Division has an ongoing asphalt paving and repair services program in place that will provide the necessary maintenance. As part of the Division's asphalt paving and repair services program, the Division budgeted $603,900 in FY 09-10. The contract will be for the labor, asphalt materials, traffic control, disposal and equipment associated with the repairs. On September 17, 2009 a formal bid process was initiated to solicit bids for Asphalt Paving/Repair Services per RFQ F-10-04. Notices of bids were e-mailed, posted to the web, printed on the newspaper and sent to the Chamber of Commerce and eleven (11) vendors. Seven (7) vendors responded. No local vendors submitted a bid. The pricing is based on a per unit cost per item (See Price Form on Attachment "1") and the City reserves the right to choose the quantity and amount of each item as needed during the term of this agreement. The vendor, business location, and quote per total unit price are listed below: Vendor Location (Total Unit Price for All Items) NPG Corporation Perris, CA $2,066,335 Hardy & Harper Incorporated Santa Ana, CA $2,383,130 KAD Paving Company Calimesa, CA $2,424,780 All American Asphalt Corona, CA $3,155,805 Palm Canyon Contract Yucaipa, CA $6,125,185 LAIRD Construction Rancho Cucamonga, CA $9,399,770 Patriot Paving Incorporated Orange, CA Non-Responsive Patriot Paving Incorporated is considered non-responsive because they did not meet our bid specifications and did not respond to technical questions that staff sent them. Therefore, the apparent lowest bid was from NPG and they have twenty-three (23) years of experience, have fifty-five (55) employees and are familiar with our City. The projects that will be funded include: • The alley paving location in the 2200 block of D and the 300 block of Highland. • The $200,000 amount is for miscellaneous locations to repair potholes in all wards, and crack seal Waterman Ave from Mill Street to Orange Show Way. • The $190,000 and the $188,800 will be used for preparations to streets in all wards for slurry seal project June 2010. Locations will be coming forward in March 2010. 1 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report-Continued The term of this agreement shall be from March 1, 2010 through June 30, 2010, with four (4) one-year extensions at the City's option. Option year one, if exercised, shall be effective July 1, 2010 through June 30, 2011. Option year two, if exercised, shall be effective July 1, 2011 through June 30, 2012. Option year three, if exercised, shall be effective July 1, 2012 through June 30, 2013. Option year four, if exercised, shall be effective July 1, 2013 through June 30, 2014. All future options will be up to the $603,900 approved amount, if additional funds are needed, staff will come back to Council and request an increase. Therefore, staff is requesting approval of the unit costs for all future years. The dollar amount of all future purchase orders will depend on the budget amount and the number of CIP projects that are approved. Staff recommends that Council authorize the execution of an Agreement and Purchase Order in the amount of $603,900 to NPG for asphalt paving and repair services throughout the City of San Bernardino. Over the past two (2) years, NPG has provided outstanding support and service to the City of San Bernardino. Staff recommends that we continue to use NPG as our asphalt paving and repair contractor. Financial Impact: Funds are available and have been budgeted in FY 09-10, Account Number 001-402-5502 (Professional/Contract Services) in the amount of $200,000; Account Number 126-369-5504- 7362 (Residential Street Repair) in the amount of $190,100; Account Number 135-378-5504- 7362 (Residential Street Repair) in the amount of $188,800; and Account Number 126-369- 5504-7871 (Alley Repairs Various Locations) in the amount of$25,000. Recommendation: Adopt Resolution. 2 RESOLUTION NO. CO L 1 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND 3 ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $603,900 WITH FOUR 4 (4) ONE-YEAR EXTENSIONS AT THE CITY'S OPTION TO NELSON PAVING AND GRADING CORPORATION (NPG) FOR ASPHALT PAVING AND REPAIR 5 SERVICES THROUGHOUT THE CITY OF SAN BERNARDINO. 6 WHEREAS, Nelson Paving and Grading Corporation (NPG) submitted the 7 lowest, most qualified bid for asphalt paving and repair services per RFQ F-10-04. 8 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 9 OF SAN BERNARDINO AS FOLLOWS: 10 SECTION 1. The City Manager of the City of San Bernardino is hereby 11 authorized to execute on behalf of said City an Agreement between the City of San 12 Bernardino and Nelson Paving and Grading Corporation (NPG), a copy of which is 13 attached hereto, marked as Exhibit "A", and incorporated herein by this reference as 14 15 fully as though set forth at length. 16 SECTION 2. That pursuant to this determination the Director of Finance or her 17 designee is hereby authorized to issue a Purchase Order to Nelson Paving and 18 Grading Corporation (NPG) in the amount of $603,900 for FY 09-10. 19 SECTION 3. The Purchase Order shall reference this Resolution Number and 20 shall read, "Nelson Paving and Grading Corporation (NPG) for asphalt paving and 21 22 repair services. Agreement not to exceed $603,900" and shall incorporate the terms 23 and conditions of the agreement. 24 SECTION 4. The authorization to execute the above referenced Purchase 25 Order and Agreement is rescinded if it is not executed by both parties within sixty (60) 26 days of the passage of this resolution. 27 28 3-/-/0 =0 /6 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 1 SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND 2 ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $603,900 WITH FOUR (4) ONE-YEAR EXTENSIONS AT THE CITY'S OPTION TO NELSON PAVING AND 3 GRADING CORPORATION (NPG) FOR ASPHALT PAVING AND REPAIR SERVICES THROUGHOUT THE CITY OF SAN BERNARDINO. 4 5 1 HEREBY CERTIFY that the foregoing Resolution was duly adopted by the 6 Mayor and Common Council of the City of San Bernardino at a 7 meeting thereof, held on the day of 2010, by the 8 following vote, to wit: 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 MARQUEZ 11 12 DESJARDINS 13 BRINKER 14 SHORETT 15 KELLEY 16 JOHNSON 17 MCCAMMACK 18 19 20 Rachel G. Clark, City Clerk 21 The foregoing resolution is hereby approved this day of 22 2010. 23 24 Patrick J. Morris, Mayor City of San Bernardino 25 App d as to For 26 �.n 27 James F. Penman City Attorney 28 i 1 VENDOR SERVICE AGREEMENT 2 This Vendor Service Agreement is entered into this 151 day of March 2010, by and 3 between Nelson Paving and Grading Corporation (NPG) ("VENDOR") and the City of San 4 Bernardino ("CITY"or"San Bernardino"). 5 WITNESSETH: 6 WHEREAS, the Mayor and Common Council has determined that it is advantageous 7 8 and in the best interest of the CITY to contract for asphalt paving and repair services; and 9 WHEREAS, the City of San Bernardino did solicit and accept bids from available 10 vendors for asphalt paving and repair services per RFQ F-10-04; and, 11 WHEREAS,Nelson Paving and Grading Corporation (NP(j) submitted the lowest best 12 bid. 13 NOW,THEREFORE, the parties hereto agree as follows: 14 15 1. SCOPE OF SERVICES. 16 For the remuneration stipulated in paragraph 2, San Bernardino hereby engages the 17 services of VENDOR to provide those products and services as set forth in RFQ F-10-04, a 18 copy of which is attached hereto as Attachment"1" and incorporated by this reference. 19 2 COMPENSATION AND EXPENSES. 20 a. For the services delineated above, the CITY, upon presentation of an invoice, shall 21 22 pay the VENDOR up to the amount of $603,900 for asphalt paving and repair 23 services. Purchase Order not to exceed the total amount of$603,900. 24 b. No other expenditures made by VENDOR shall be reimbursed by CITY. 25 3. TERM; TERMINATION. 26 The term of this agreement shall be from March 1, 2010 through June 30, 2010, with 27 four (4) one-year extensions at the City's option. .Option year one, if exercised, shall be 28 Exhibit"A" I I effective July 1, 2010 through June 30, 2011. Option year two, if exercised, shall be effective 2 July 1, 2011 through June 30, 2012. Option year three, if exercised, shall be effective July 1, 3 2012 through June 30, 2013. Option year four, if exercised, shall be effective July 1, 2013 4 through June 30, 2014. 5 This Agreement may be terminated at any time by thirty (30) days prior written notice 6 7 by either party. The terms of this Agreement shall remain in force unless amended by written 8 agreement of the parties executed on or before date of expiration of current term of the 9 agreement. Price in any option year shall be as negotiated by the parties at the time of exercise 10 of the option. In no option year shall the price exceed that set forth herein. 11 4. WARRANTY 12 13 Vendor expressly warrants that all products and services supplied to City by Vendor 14 under this Agreement shall conform to the specifications, drawings or other description upon 15 which this purchase is based, shall be fit and sufficient for the purpose intended, merchantable, 16 of good material and workmanship, free from defects and fee and clear of all liens or 17 encumbrances. Inspection, testing, acceptance or use of the goods by the City shall not affect 18 19 Vendor's obligations under this warranty, and such warranty shall survive inspection, testing, 20 acceptance and use. Vendor agrees to replace or correct promptly defects of any goods or 21 services not conforming to the foregoing warranty without expense to the City, when notified 22 of such non-conformity by City. If Vendor fails to correct the defects in or replace non- 23 conforming goods or services promptly, City may, after reasonable notice to Vendor, make 24 such corrections or effect cover, or cure, at Vendor's expense. "Reasonable notice" for 25 26 purposes of this section shall not be deemed to require more than 60 calendars days notice 27 28 Exhibit "A" 2 1 before commencement of efforts by the City to effect cover or a cure except upon written 2 agreement of the Parties. 3 5. INDEMNITY. 4 Vendor agrees to and shall indemnify and hold the City, its elected officials, employees, 5 agents or representatives, free and harmless from all claims, actions, damages and liabilities of 6 7 any kind and nature arising from bodily injury, including death, or property damage, based or 8 asserted upon any or alleged act or omission of Vendor, its employees, agents, or 9 subcontractors, relating to or in any way connected with the accomplishment of the work or 10 performance of service under this Agreement, unless the bodily injury or property damage was 11 actually caused by the sole negligence of the City, its elected officials, employees, agents or 12 representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its 13 own expense, including attorney's fees the City, its elected officials, employees, agents or 14 15 representatives from any and all legal actions based upon such actual or alleged acts or 16 omissions. Vendor hereby waives any and all rights to any types of express or implied 17 indemnity against the City, its elected officials, employees, agents or representatives, with 18 respect to third party claims against the Vendor relating to or in any way connected with the 19 accomplishment of the work or performance of services under this Agreement. 20 6. INSURANCE. 21 22 While not restricting or limiting the foregoing, during the term of this Agreement, 23 VENDOR shall maintain in effect policies of comprehensive public, general and automobile 24 liability insurance, in the amount of$1,000,000 combined single limit, and statutory worker's 25 compensation coverage, and shall file copies of said policies with the CITY's Risk Manager 26 prior to undertaking any work under this Agreement. CITY shall be set forth as an additional 27 named insured in each policy of insurance provided hereunder. The Certificate of Insurance 28 Exhibit "A" 3 I fiunished to the CITY shall require the insurer to notify CITY of any change or termination in 2 the policy. Insurer shall give CITY 30 days notice prior to enactment and any change or 3 termination of policy. 4 7. NON-DISCRIMINATION. 5 In the performance of this Agreement and in the hiring and recruitment of employees, 6 VENDOR shall not engage in, nor permit its officers, employees or agents to engage in, 7 8 discrimination in employment of persons because of their race, religion, color, national origin, 9 ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or 10 sexual orientation, or any other status protected by law. 11 g_ INDEPENDENT CONTRACTOR 12 VENDOR shall perform work tasks provided by this Agreement, but for all intents and 13 purposes VENDOR shall be an independent contractor and not an agent or employee of the 14 15 CITY. VENDOR shall secure, at its expense,and be responsible for any and all payment of 16 Income Tax, Social Security, State Disability Insurance Compensation, Unemployment 17 Compensation, and other payroll deductions for VENDOR and its officers, agents, and 18 employees, and all business licenses, if any are required, in connection with the services to be 19 performed hereunder. 20 9. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. 21 22 VENDOR warrants that it possesses or shall obtain, and maintain a business registration 23 certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits, 24 qualifications, insurance and approval of whatever nature that are legally required of VENDOR 25 to practice its business or profession. 26 27 28 Exhibit"?C' 4 1 NOTICES. 2 Any notices to be given pursuant to this Agreement shall be deposited with the United 3 States Postal Service,postage prepaid and addressed as follows: 4 TO THE CITY: Public Services Director 5 300 North"D" Street San Bernardino, CA 92418 6 Telephone: (909) 384-5140 7 TO THE VENDOR: Nelson Paving and Grading Corporation(NPG) 8 1354 Jet Way Perris, CA 92571 9 Telephone: (951) 940-0200 Contact: 10 10. ATTORNEYS' FEES. it 12 In the event that litigation is brought by any party in connection with this Agreement, 13 the prevailing party shall be entitled to recover from the opposing party all costs and expenses, 14 including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of � 15 its rights or remedies hereunder or the enforcement of any of the terms, conditions or 16 provisions hereof. The costs, salary and expenses of the City Attorney and members of his 17 office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' 18 19 fees" for the purposes of this paragraph. 20 11. ASSIGNMENT. 21 VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or 22 encumber all or any part of the VENDOR's interest in this Agreement.without CITY's prior 23 written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void 24 and shall constitute a breach of this Agreement and cause for the termination of this 25 26 Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR 27 28 Exhibit "A" 5 I of VENDOR's obligation to perform all other obligations to be performed by VENDOR 2 hereunder for the term of this Agreement. 3 12. VENUE. 4 The parties hereto agree that all actions or proceedings arising in connection with this 5 Agreement shall be tried and litigated either in the State courts located in the County of San 6 Bernardino, State of California or the U.S. District Court for the Central District of California, 7 8 Riverside Division. The aforementioned choice of venue is intended by the parties to be 9 mandatory and not permissive in nature. 10 13. GOVERNING LAW. 11 This Agreement shall be governed by the laws of the State of California. 12 14. SUCCESSORS AND ASSIGNS. 13 This Agreement shall be binding on and inure to the benefit of the parties to this 14 15 Agreement and their respective heirs, representatives, successors, and assigns. 16 15. HEADINGS. 17 The subject headings of the sections of this Agreement are included for the purposes of 18 convenience only and shall not affect the construction or the interpretation of any of its 19 provisions. 20 16. SEVERABILITY. 21 22 If any provision of this Agreement is determined by a court of competent jurisdiction to 23 be invalid or unenforceable for any reason, such determination shall not affect the validity or 24 enforceability of the remaining terms and provisions hereof or of the offending provision in any 25 other circumstance, and the remaining provisions of this Agreement shall remain in full force 26 and effect. Q 27 28 Exhibit "A" 6 1 17. REMEDIES; WAIVER 2 All remedies available to either party for one or more breaches by the other party are 3 and shall be deemed cumulative and may be exercised separately or concurrently without 4 waiver of any other remedies. The failure of either party to act in the event of a breach of this 5 Agreement by the other shall not be deemed a waiver of such breach or a waiver of future 6 breaches, unless such waiver shall be in writing and signed by the party against whom 7 8 enforcement is sought. 9 18. ENTIRE AGREEMENT; MODIFICATION. 10 This Agreement constitutes the entire agreement and the understanding between the 11 parties, and supercedes any prior agreements and understandings relating to the subject manner 12 of this Agreement. This Agreement may be modified or amended only by a written instrument 13 executed by all parties to this Agreement. 14 15 16 17 / 18 19 / 20 /// 21 22 / 23 / 24 25 26 27 28 Exhibit "A" 7 1 VENDOR SERVICE AGREEMENT NELSON PAVING AND GRADING CORPORATION (NPG) 2 3 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and 4 date set forth below. 5 6 Dated: 2010 Nelson Paving and Grading Corporation (NPG) 7 By: 8 9 Dated 12010 CITY OF SAN BERNARDINO 10 11 By. Charles E. McNeely, City Manager 12 Approved as to Form: 13 1 By. 4 James F. Penman, City Attorney 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Exhibit "A" 8 I VENDOR SERVICE AGREEMENT 2 This Vendor Service Agreement is entered into this I" day of March 2010, by and 3 between Nelson Paving and Grading Corporation (NPG) ("VENDOR") and the City of San 4 Bernardino ("CITY"or"San Bernardino"). 5 WITNESSETH: 6 WHEREAS, the Mayor and Common Council has determined that it is advantageous 7 8 and in the best interest of the CITY to contract for asphalt paving and repair services; and 9 WHEREAS, the City of San Bernardino did solicit and accept bids from available 10 vendors for asphalt paving and repair services per RFQ F-10-04; and, 11 WHEREAS, Nelson Paving and Grading Corporation (NPG) submitted the lowest best 12 bid. 13 NOW, THEREFORE, the parties hereto agree as follows: 14 15 1. SCOPE OF SERVICES. 16 For the remuneration stipulated in paragraph 2, San Bernardino hereby engages the 17 services of VENDOR to provide those products and services as set forth in RFQ F-10-04, a 18 copy of which is attached hereto as Attachment "1" and incorporated by this reference. 19 2 COMPENSATION AND EXPENSES. 20 a. For the services delineated above, the CITY, upon presentation of an invoice, shall 21 22 pay the VENDOR up to the amount of $603,900 for asphalt paving and repair 23 services. Purchase Order not to exceed the total amount of$603,900. 24 b. No other expenditures made by VENDOR shall be reimbursed by CITY. 25 3. TERM; TERMINATION. 26 The term of this agreement shall be from March 1, 2010 through June 30, 2010, with 27 four (4) one-year extensions at the City's option. Option year one, if exercised, shall be 28 1 1 effective July 1, 2010 through June 30, 2011. Option year two, if exercised, shall be effective 2 July 1, 2011 through June 30, 2012. Option year three, if exercised, shall be effective July 1, 3 2012 through June 30, 2013. Option year four, if exercised, shall be effective July 1, 2013 4 through June 30, 2014. 5 This Agreement may be terminated at any time by thirty (30) days prior written notice 6 by either party. The terms of this Agreement shall remain in force unless amended by written 7 8 agreement of the parties executed on or before date of expiration of current term of the 9 agreement. Price in any option year shall be as negotiated by the parties at the time of exercise 10 of the option. In no option year shall the price exceed that set forth herein. 11 4. WARRANTY 12 13 Vendor expressly warrants that all products and services supplied to City by Vendor 14 under this Agreement shall conform to the specifications, drawings or other description upon 15 which this purchase is based, shall be fit and sufficient for the purpose intended, merchantable, 16 of good material and workmanship, free from defects and fee and clear of all liens or 17 encumbrances. Inspection, testing, acceptance or use of the goods by the City shall not affect 18 Vendor's obligations under this warranty, and such warranty shall survive inspection, testing, 19 20 acceptance and use. Vendor agrees to replace or correct promptly defects of any goods or 21 services not conforming to the foregoing warranty without expense to the City, when notified 22 of such non-conformity by City. If Vendor fails to correct the defects in or replace non- 23 conforming goods or services promptly, City may, after reasonable notice to Vendor, make 24 such corrections or effect cover, or cure, at Vendor's expense. "Reasonable notice" for 25 purposes of this section shall not be deemed to require more than 60 calendars days notice 26 27 28 2 1 before commencement of efforts by the City to effect cover or a cure except upon written 2 agreement of the Parties. 3 5. INDEMNITY. 4 Vendor agrees to and shall indemnify and hold the City, its elected officials, employees, 5 agents or representatives, free and harmless from all claims, actions, damages and liabilities of 6 7 any kind and nature arising from bodily injury, including death, or property damage, based or 8 asserted upon any or alleged act or omission of Vendor, its employees, agents, or 9 subcontractors, relating to or in any way connected with the accomplishment of the work or 10 performance of service under this Agreement, unless the bodily injury or property damage was 11 actually caused by the sole negligence of the City, its elected officials, employees, agents or 12 representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its 13 own expense, including attorney's fees the City, its elected officials, employees, agents or 14 15 representatives from any and all legal actions based upon such actual or alleged acts or 16 omissions. Vendor hereby waives any and all rights to any types of express or implied 17 indemnity against the City, its elected officials, employees, agents or representatives, with 18 respect to third party claims against the Vendor relating to or in any way connected with the 19 accomplishment of the work or performance of services under this Agreement. 20 6. INSURANCE. 21 22 While not restricting or limiting the foregoing, during the term of this Agreement, 23 VENDOR shall maintain in effect policies of comprehensive public, general and automobile 24 liability insurance, in the amount of 51,000,000 combined single limit, and statutory worker's 25 compensation coverage, and shall file copies of said policies with the CITY's Risk Manager 26 prior to undertaking any work under this Agreement. CITY shall be set forth as an additional 27 named insured in each policy of insurance provided hereunder. The Certificate of Insurance 28 3 1 furnished to the CITY shall require the insurer to notify CITY of any change or termination in 2 the policy. Insurer shall give CITY 30 days notice prior to enactment and any change or 3 termination of policy. 4 7. NON-DISCRIMINATION. 5 In the performance of this Agreement and in the hiring and recruitment of employees, 6 VENDOR shall not engage in, nor permit its officers, employees or agents to engage in, 7 8 discrimination in employment of persons because of their race, religion, color, national origin, 9 ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or 10 sexual orientation, or any other status protected by law. 11 g. INDEPENDENT CONTRACTOR 12 VENDOR shall perform work tasks provided by this Agreement, but for all intents and 13 purposes VENDOR shall be an independent contractor and not an agent or employee of the 14 15 CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of 16 Income Tax, Social Security, State Disability Insurance Compensation, Unemployment 17 Compensation, and other payroll deductions for VENDOR and its officers, agents, and 18 employees, and all business licenses, if any are required, in connection with the services to be 19 performed hereunder. 20 9. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. 21 22 VENDOR warrants that it possesses or shall obtain, and maintain a business registration 23 certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits, 24 qualifications, insurance and approval of whatever nature that are legally required of VENDOR 25 to practice its business or profession. 26 27 28 4 1 NOTICES. 2 Any notices to be given pursuant to this Agreement shall be deposited with the United 3 States Postal Service, postage prepaid and addressed as follows: 4 TO THE CITY: Public Services Director 5 300 North"D" Street San Bernardino, CA 92418 6 Telephone: (909) 384-5140 7 TO THE VENDOR: Nelson Paving and Grading Corporation (NPG) 1354 Jet Way 8 Perris, CA 92571 9 Telephone: (951) 940-0200 Contact: 10 10. ATTORNEYS' FEES. 11 12 In the event that litigation is brought by any party in connection with this Agreement, 13 the prevailing party shall be entitled to recover from the opposing party all costs and expenses, 14 including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of 15 its rights or remedies hereunder or the enforcement of any of the terms, conditions or 16 provisions hereof. The costs, salary and expenses of the City Attorney and members of his 17 office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' 18 19 fees" for the purposes of this paragraph. 20 11. ASSIGNMENT. 21 VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or 22 encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior 23 written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void 24 and shall constitute a breach of this Agreement and cause for the termination of this 25 26 Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR 27 28 5 1 of VENDOR'S obligation to perform all other obligations to be performed by VENDOR 2 hereunder for the term of this Agreement. 3 12. VENUE. 4 The parties hereto agree that all actions or proceedings arising in connection with this 5 Agreement shall be tried and litigated either in the State courts located in the County of San 6 Bernardino, State of California or the U.S. District Court for the Central District of California, 7 8 Riverside Division. The aforementioned choice of venue is intended by the parties to be 9 mandatory and not permissive in nature. 10 13. GOVERNING LAW. 11 This Agreement shall be governed by the laws of the State of California. 12 14. SUCCESSORS AND ASSIGNS. 13 This Agreement shall be binding on and inure to the benefit of the parties to this 14 15 Agreement and their respective heirs, representatives, successors, and assigns. 16 15. HEADINGS. 17 The subject headings of the sections of this Agreement are included for the purposes of 18 convenience only and. shall not affect the construction or the interpretation of any of its 19 provisions. 20 16. SEVERABILITY. 21 22 If any provision of this Agreement is determined by a court of competent jurisdiction to 23 be invalid or unenforceable for any reason, such determination shall not affect the validity or 24 enforceability of the remaining terms and provisions hereof or of the offending provision in any 25 other circumstance, and the remaining provisions of this Agreement shall remain in full force 26 and effect. 27 28 6 1 17. REMEDIES; WAIVER 2 All remedies available to either party for one or more breaches by the other party are 3 and shall be deemed cumulative and may be exercised separately or concurrently without 4 waiver of any other remedies. The failure of either party to act in the event of a breach of this 5 Agreement by the other shall not be deemed a waiver of such breach or a waiver of future 6 breaches, unless such waiver shall be in writing and signed by the party against whom 7 8 enforcement is sought. 9 18. ENTIRE AGREEMENT; MODIFICATION. 10 This Agreement constitutes the entire agreement and the understanding between the 11 pies, and supercedes any prior agreements and understandings relating to the subject manner 12 of this Agreement. This Agreement may be modified or amended only by a written instrument 13 executed by all parties to this Agreement. 14 15 16 17 18 /// 19 20 21 22 23 /// 24 / 25 26 /// 27 28 7 i 1 VENDOR SERVICE AGREEMENT NELSON PAVING AND GRADING CORPORATION (NPG) 2 3 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and 4 date set forth below. 5 6 Dated: 12010 Nelson Paving and Grading Corporation (NPG) 7 By: 8 9 Dated 2010 CITY OF SAN BERNARDINO 10 By: 11 Charles E. McNeely, City Manager 12 Approved as to Form: 13 ' 1 14 James F. Pe an, City Attorney 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8 . . � , . . . man \ r- 0 ƒ ® ` � ) # % J / ƒ # / ® CD j m & 2\ / > k « \ k ; all o 2 ; o < Q % 2 to \ \ § \ G -n ( 7 z / . ) o \ % -n = z 5 a o ± % & _ n = 2 ! « c 0 Cl) \ � @ > f ? > Q / $ \ O Ul > 2 ( d Cl) ° ® $ \ E 00 C)Ul ? cc © w = f / $. 0 0 \ \ » / > z cnI) E � 77243 ¥% ® E P ƒ F \ zo C: > / \ § � \ \ > \ \ \ ) \ G)tj > . > o (\ > \ \ :\ \ \ > �} to ( � \ /\ CD / ad » § ƒ $ ^ - § ° ~ Ul 4 22 \ \ : � > � ( /\ ) \ z \ A\ 2 q 7 ( ® 2 r j ± \ } \ � & $: CL � & &m ; 7 / CD � e ; ° ` ; k ; > k �;\ « z = = \ » o / > 2 § % \ 2 -n z > 2 z m « \ $ o > = » y . > \ \ � 2 \ z m E _ \ \ __ z ° 3 e § %/ b = 5 q m #% ? Cl) e m m ® / E > ¥2 « > y\ � »& > 0 /\ f � \/ $ (D �ƒ q 7 / H §/ ® \$ , z m _ z \ \ § � \ j � \ � cn RFQ F-70-04 .Asphalt Yav inc/ Repair Services City of San Bernardino TECHNICAL SPECIFICATIONS RFQ F-10-04 ASPHALT PAVING/REPAIR SERVICES NOTICE : "SPECIAL INSTRUCTIONS TO THE BIDDER" The Public Services Department, Streets Division is responsible for maintaining all streets in the City. The intent of this document is to solicit proposals from qualified VENDORS with experience in providing asphalt paving/repair services. The City is looking for the most responsive and responsible vendor that will be committed to provide the City of San Bernardino with asphalt paving/repair services at a per unit cost. Through a competitive qualification and bid based procurement process, the City of San Bernardino intends to enter into an agreement with a qualified vendor for asphalt paving/repair services. Services: Bidder shall complete right-hand column indicating brief reasoning for exceptions to requirements when not acceptable. State "Acceptable" if requirements are agreeable as set forth in left-hand column. Whenever the terms "Standard Specifications" is used, it shall mean the "Standard Specifications for Public Works Construction, latest edition." In case of conflict between these specifications and Standard Specifications, these specifications shall take precedence over and be used in lieu of the Standard Specifications. FAILURE TO COMPLETE RIGHT HAND COLUMN WILL INVALIDATE BID -Category 1 Acce table /as specified 1. ASPHALT MATERIALS All asphalt materials shall meet the requirements of Aomptible Section 400 of the "Greenbook" Standard Specification for Public Works Construction. The Vendor must be able to supply the following: 1. Type %" 2. Type '/" 3. Type 3/8" 4. Type extra fine 5. Asphalt emulsion SS1 h (All of the above types must be of PG 6410 grade) RFQ F-10.04 Asphalt Pacing/ Repair Sen ices 2. RELATED COSTS All related costs consist of the following: 1. Traffic control as per Caltrans Manual of ale Traffic Control, or MUTCD. 2. All materials to complete and/or repair projects. 3. All manpower to complete the assigned repair projects. 4. All equipment to complete and/or repair projects 5. Calling U.S.A. Dig Alert and markings project areas 6. Dispose of all materials at an approved recycle center. Please completely fill-out the Price Form and include the above related costs for a total per unit cost (See attached Price Form). All incomplete bids will be considered non-responsive. -Pricing shall be good through June 30, 2010. 3. PRICING The pricing on the Price Form shall be based on a per unit cost per item. The unit cost is to establish a list of contractual items that could be requested for the term of this agreement. The City reserves the right to choose the quantity and amount of each item as needed during the term of this agreement. 4. WARRANTY Vendor expressly warrants that all products, material and workmanship supplied to City by Amqtable Vendor under this Agreement shall be good for one (1) year from the date of completion of each project. 5. REFERENCE LIST Provide five (5) local government agencies and/or company's previous or current contact references AaoqtaUe that support your ability to provide asphalt- See er cGed Dd-iPrit A paving/repair services. RFQ F-1-1 0-04 Aspllah PaNtng, Repair Scrcicca 6. CONTRACT LENGTH The length of this contract shall be for one (1) year with four (4) one-year extensions at the City's option. 7. LICENSES The Vendor represents that it has all licenses (A and Class C-12), permits, qualifications and approvals of whatever nature that are legally kcqtable required to provide asphalt-paving/repair services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Contract. 8. CONTRACTOR NON-COMPLIANCE A. Public Services Department Director, or his designee, determines that there are deficiencies in kaqtahle the performance of this Agreement, the Public Services Director, or his designee, will provide a written notice to the vendor stating the deficiencies and specifying a time frame to correct the specified deficiencies. This time frame shall be reasonable, as determined by the Public Services Department Director, or his designee, to correct the specified deficiencies. B. Should the vendor fail to correct any deficiencies within the stated time frame, the Public Services Department Director, or designee, may exercise the following measures: 1. Deduct from the vendor's payment the amount necessary to correct the deficiency, including City overhead costs and impose a deficiency deduction. 2. Withhold the entire or partial payment. 3. Terminate the contract and award to second bidder. RFQ F-I0-04 Asphalt Paving/ Repair Smites 9. PREVAILING WAGE For the work to be completed on City property, the prime contractor and all subcontractors are required to pay their laborers and mechanics employed under this F lA Contract, a wage not less than minimum wage classification, as specified in both the Federal and State Wage Decision when the Contract amount for the Prime Contract exceeds $2,000. The higher of the two applicable wage classifications, either State Prevailing Wage or Davis-Bacon Federal Prevailing Wage, will be enforced for all work under this Contract. The prime contractor is responsible for ensuring subcontractor compliance with Davis-Bacon and related Act Requirements. The Federal Labor Standards Provisions (HUD 4010) apply to this project. 10. EMERGENCY SERVICES Contractor to be on a 24-hour call for services. City reserves the right for a $250.00 per hour back- e charge to Contractor if City deems Contractor non- responsive. Contractor to respond to all emergency requests within one hour of notification. 11. EQUIPMENT Contractor shall have all equipment available listed on the bidding sheet. If Contractor does not own the requested equipment, place N/A on the annual cost column. City reserves the right to visit Contractor at Contractor's location to verify the capacity of bidding Contractor. In addition, City reserves the right to award to a Contractor whereas the City will receive the best service. RFQ F-10-04 A;phalt 1'avin,, 1,cpair$cn•ices PRICE FORM CONTRACTOR shall place lump sum prices in the`Item Price" column and the Total" column. SCHEDULE OF WORK ITEMS ITEM ESTIMATED ANNUAL No. DESCRIPTION UNIT QUANTITY UNIT COSTS COSTS EmergencylCin call vmrk and maintain 1 traffic detours based on a 24 hr period EA 5 $ 1,2D0.00 $ 6,000.0D 2 Hand Patch AC SF 5,000 $ 4-50 $ 22,500.00 3 Remove&Replace AG 4"<100 SF SF 5,000 $ 6.50 $ 32,500.00 4 Remove&Replace AC 4">100 SF SF 30,000 $ 4.10 $123,000.00 5 Remove&Replace AC 6"<100 SF SF 10,000 $ 6.95 $ 69,500.00 6 Remove&Replace AC s"> 100 SF SF 30,000 $ 5.25 $157 500.00 7 Remove&Replace AC 8"<100 SF SF 7,500 $ 8.25 $ 61,875.00 8 Remove&Replace AC 8">100 SF SF 25,000 $ 7.25 $181,750.00 9 Remove&Replace AC 10r'<100 SF SF 1,000 $ 10.50 S 10 500.00 10 Remove&Replace AC 10">100 SF SF 10,000 $ 9.50 $ 95,000.00 11 Remove&Replace AC 12"<100 SF SF 1,000 $ 11.00 $ 11,000.00 12 Remove 8 Replace AC 12">100 SF SF 5,000 S 10.75 $ 53,750.00 13 Type 02 Asphalt Concrete Berm 6" LF 1,000 $ 7.50 $ 7 500.00 14 Type D2 Asphalt Concrete Berm 8" LF 1,000 $ 9.50 $ 9,500.00 15 Pave Road Ditches 3" SF 3,500 $ 2.50 $ 8,750.00 Remove&Replace Existing 3"Road 16 Ditch SF 5,000 $ 3.50 S 17,500.00 17 Pave Road Shoulders 4" SF 3,500 $ 3.50 $ 12,250.00 Remove&Replace Existing 4"Road 4.70 23,500.00 18 Shoulder SF 5,000 $ $ t9 Fog Seal SF 350,000 $ .025 $ 8r750.00 20 Crack Repair rubberized material-Routed LF 25,000 $ 1.50 $ 37,500.00 Crack Repair rubberized material-Non 1,25 31 250.00 21 Routed LF 25,000 $ $ 22 Cold Milling of AC Pavement SF 70,000 $ .25 $ 17r500"OD RFQ F.I M4 Asphalt Paving! Repair tics ices PRICE FORM (Conti.) ITEM ESTIMATED ANNUAL No. DESCRIPTION UNIT QUANTITY UNIT COSTS COSTS 23 AC Overlay Resurfacing(0.10'1 SF 10,000 $ 1.20 $ 12,000.00 24 AC Overlay Resurfacing(0.20") SF 10,000 $ 1.40 $ 14,000.00 25 AC Ramp on Concrete Sidewalk SF 500 $ 3.00 $ 1,500.00 26 Slot Patching AC adjacent to new PCC-4" SF 1,500 $ 5.00 $ 7,500.00 27 Replace AC adjacent to new PCC-6" SF 3,500 $ 5.50 $ 19,250.00 28 Speed Hump Installation 3'X 4" SF 5,000 $ 5.00 $ 25,000.00 29 AC Overlay of Bike Trails(0.12') SF 5,000 $ 2.10 $ 10,500.00 30 Slurry Seal Type I-As per preen book GAL 10,000 $ 3.25 $ 32,500.00 30.A 4310 Gold Coast Slurry Seal GAL 10,000 $ 1.50 $ 15.000.00 30.B #315 Cold Pour Crack Filler GAL 250 $ 6.00 $ 1,500.00 30.0 #325 Asphalt Tack Emulsion"Hot" GAL 5,000 $ 2.25 $ 11,250.00 30.D #340 Poly Last Slurry Seal GAL 10,000 $ 2.50 $ 25 000.00 30.E #345 Inductive Traffic Loop Filler GAL 1,250 $ 6.50 $ 8,125.00 Shoulder Reshaping-Balance,No 125 1,875.00 31 meterial Import LF 1,500 $ . $ 32 Imported Borrow CY 500 $ 12.50 $ 6,250.00 General Labor $ $ 33 Foremanw/Truck HR 80 $ 70.00 $ 5600.00 34 Raker/Laborer HR 80 $ 70.00 $ 5,600.00 35 Equipment Operator HR 80 $ 75.00 $ 6,000.00 Operators $ $ 36 Travel Time HR 100 $ 65.00 $ 6,500.00 37 Paving Machine/Screen Man/Operator HR 200 $ 75.00 $ 15,000.00 38 Roller Operator HR 200 $ 75.00 $ 15,000.00 39 Dump Truck/Operator HR 80 $ 75.00 $ 6,000.00 40 Hot Crack Fill Metter HR 160 $ 70.00 $ 11,200.00 RFQ F-10-04 Asphelt Paving! Repair Scan iecs PRICE FORM (Conti.) Paving Machine(Rubber Tire)8'-16' 41 wNbrator/Operator HR 250 $ 225.00 $ 56,250.00 Paving Machine(Rubber Tire)10'- 42 21'/Operator/Screen man HR 250 $ 315.00 $ 78,750.00 Paving Machine(Track Paver)10'- 43 zr'/Dperator/Screen man HR 250 $ 315.00 $ 78,750_00 Paving Machine(Track Paver)2'-9' Lee 175-� � 44 BoylOperator/Screen man HR 250 $ $ • 45 Oil Spreader Truck(2,000 Gal.)/Operator HR 250 $ 150.00 $ 37,500.00 46 Automatics for Pavers PD 5 $ 25.00 $ 125.00 47 Crew Truck/FOml Truck PD 15 $ 150.00 $ 2,250.OD 48 Asphalt Berm Machine PD 35 $ 2DO.00 $ 7,000.00 49 200 Galion Tack Rig PD 35 $ 100.00 S 3,500.00 50 Asphalt Roller DD24&DD28(3-5 ton) PD 35 $ 150.00 $ 5r250•OD 51 Asphalt Roller DD68(SB ton) PD 35 $ 250.00 $ 8,750.00 52 Asphalt Roller Cat CB22(10-12 ton) PD 35 $ 250•00 $ 8r750•00 Heavy Epuipmeri Road-All Bare $ $ 53 John Deere Skip Loader 4WD PD 35 $ 140.00 $ 4,900.00 54 John Deere 3 Yard Loader PD 35 $ 300.00 $ 10,500.00 55 John Deere 770 Blade w7Full Electronics PD 35 $ 300.00 $ 10,500.00 56 860A Scraper PD 20 $ 300.00 $ 6,000.00 863 Bobcat w/Attachments-Grinder, 57 Breaker,Broom PD 75 $ 300.00 $ 22,500.00 58 2000 Gallon Water Truck PD 35 $ 200.00 $ 7,000.00 59 10 Wheel Dump/End Dump PD 35 $ 200.00 S 7,000.00 60 Backhoe w/16 Extender PD 35 $ 200•0 $ 7r030.00 61 Broce Kick Broom PD 35 $ 200.00 $ 7,000.00 fit Compressor Bare vv/901b Hammer PD 35 $ 100.00 $ 3,500.00 63 Traffic Control l-Arrow Board PD 35 $ 100.00 $ 3,500.00 Full Lane Closure per Cal Trans Traffic Road Standards 2 Arrow Control 2 Lane 64 1,000InlFTBoards/2 Flagmen PD 35 $1,700.00 $ 59,500.00 RFQ F-10.04 Asphalt 1'aviugi Repair Saviccs PRICE FORM CONTI. ITEM ESTIMATED ANNUAL No. DESCRIPTION UNIT QUANTITY UNIT COSTS COSTS Hot Crack Fill Equipment $ $ 65 Metter 400 Gallon-Craflco PD 35 $ 100.00 $ 3,500.00 66 Metter 125 Gallon PD 35 $ -x•00 $ 12,250.00 67 PourPat/Kettle PD 35 $ 1.00 $ 35•DO Seal Coat Equipment S $ 68 DA350 Seat Buggy PD 35 $ 2DO•00 $ 7,000•00 69 ST550 Seal Tank Trailer PO 35 $ 100.00 $ 3,500.00 70 ST2500 Tanker W1 2'Hyd Spreader PD 100 $ 700.00 $ 70,000•00 71 ST2500 Tanker wo112'Hyd Spreader PD 100 $ 600•00 $ 60,000.00 Equipment Moves $ $ Move In-Out As Needed in City Limit Per 72 Piece for Items#33.51 EA 50 $ 500.00 $ 25 000.00 Materials Is Asphalt delivered within City Limits to 60.00 �•� 73 include 318"fine 112"and 314'PG64-10 Tons 500 $ $ 74 Class II Base delivered within City Limits Tons 500 $ 19.00 $ 7,000.00 75 Class II Base-Recycled Tons 500 $ 12.00 $ 6,000.00 76 2500 PSI Concrete Cy 250 $ 75.00 $ 18,750.00 Hot Rubberized Crack Sealent-Craftco 77 Poly Flex 3 LBS 25,000 $ $ 15,000.00 78 QPR Permanent Patch Bagged Ashalt Bags 3,000 $ 9.50 $ 28,500.00 79 QPR Delivered to City Yard-Bulk Tons 250 $ 159.00 $ 39 750.00 Total Annual Amount S 2,066,335.00 W.- k ,/ Co Jeff S. IS1831 / Pmr-mrEnF XlgKat e/Ti u t tle 3'ma3 PbLs:n / Samatary & CEO Signature(ritle LS=LUMP SUM LF=FOOT EA=EACH CY=CUBIC YARD TON=TON SF=SQUARE FOOT AC=ASPHALT CONCRETE PCC=PORTLAND CEMENT CONCRETE PD=PER DAY HR=HOUR GAL=GALLON >OVER <UNDER SY=SOUARE YARD BAGS=BAGS RFQ F-10-04 Asphalt PaN ing! Repair Sen ices PRICE FORM (Conti.) ANNUAL PURCHASE ORDER Effective on or about November 1, 2009 through June 30, 2010 plus four (4) single-year renewal options, at the City's discretion for City's requirements, Option year one if exercised, shall be effective July 1, 2010 through June 30, 2011. Option year two if exercised, shall be effective July 1, 2011 through June 30, 2012. Option year three if exercised, shall be effective July 1, 2012 through June 30, 2013. Option year four if exercised, shall be effective July 1, 2013 through June 30, 2014. Actual option year pricing shall be negotiated with the successful Bidder(s) prior to exercising of any given option year. Option years shall become effective only upon issuance by the City of a duly authorized Purchase Order. Are there any other additional or incidental costs, which will be required by your firm in order to meet the requirements of the Technical Specifications? Yes / No . (circle one). If you answered "Yes', please provide detail of said additional costs: Please indicate any elements of the Technical Specifications that cannot be met by your firm. Not Applicable Have you included in your bid all informational items and forms as requested? Yes / No (circle one). If you answered "No", please explain: Terms and conditions as set forth in this RFQ apply to this bid. RFQ F-I O-D4 Asphalt paring, Repair Semites Cash discount allowable % NIA days; unless otherwise stated, payment terms are: Net thirty (30) days. In signing this bid, Bidder warrants that all certifications and documents requested herein are attached and properly completed and signed. From time to time, the City may issue one or more addenda to this RFQ. Below, piEa>E indicate all Addenda to tll iS RFQ i2CE IVEu b you, firm, and the ry date said Addenda was/were received. Verification of Addenda Received Addenda No: 1 Received on: 10-13-09 Addenda No: Received on;/ Addenda No: Received qri: AUTHORIZED SIGNATURE. PRINT SIGNER'S NAME AND TITLE: 1eSf %Ls: n / a-s= _ DATE SIGNED: 70-20-09 COMPANY NAME & ADDRESS: tG IM• 1354 Jet ft * Pa=, CA 92571 PHONE: 951-940-0200 FAX: 951-940-9192 EMAIL: n>h1"+"A°a�t•can Web Address: '•` F'31t` IF SUBMITTING A "NO BID", PLEASE STATE REASON(S) BELOW: CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE DATE: March 3, 2010 TO: Lisa kulikoff, Executive Assistant to the Director Public Services Department FROM: Margaret Fedor, Executive Assistant to the City Clerk RE: Transmitting Documents for Signature—Resolution 2010-38 At the Mayor and Common Council meeting of March 1, 2010, the City of San Bernardino adopted Resolution No. 2010-38 —Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and issuance of a purchase order in the amount of$603,900 with four (4) one-year extensions at the City's option to Nelson Paving and Grading Corporation (NPG)for asphalt paving and repair services throughout the City of San Bernardino. Attached are one (1) original agreement and two (2) duplicate originals of the agreement to be executed. Please obtain signatures in the appropriate locations and return the ORIGINAL agreement to Margaret Fedor in the City Clerk's Office as soon as possible. Please retain one(1) duplicate original of the agreement for your records and forward the remaining duplicate originals to the appropriate party. Please note that the agreement will be null and void if not executed by April 30, 2010. Thank you. I hereby acknowledge receipt of the above mentioned documents. j Date: L PLEASE SIGN AND RETURN