HomeMy WebLinkAbout05.L- Public Works RESOLUTION (ID #2806) DOC ID: 2806 A
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Agreement/Contract Amendment
From: Tony Frossard M/CC Meeting Date: 01/21/2014
Prepared by: Linda Dortch, (909) 384-5140
Dept: Public Works Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing and
Directing the Director of Administrative Services to Transfer $300,000 from Gas Tax to the
General Fund Account 001-400-0088-5502 "Professional/Contractual Services" and Increase
Purchase Order 2014-166 to an Amount Not to Exceed $466,500 to Nelson Paving and Grading
Corporation for Asphalt Grading and Repair Services. (#2806)
Current Business Registration Certificate: Yes
Financial Impact:
Account Budgeted Amount: $166,500
Account No. 001-400-0088-5502
Account Description: Professional/Contractual Services
Balance as of. December 30, 2013 $166,500
Balance after approval of this item: $466,500
Please note this balance does not indicate available funding. It does not include non-encumbered
reoccurring expenses or expenses incurred, but not yet processed.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
3/2/10 -Resolution 2010-38 -The Mayor and Common Council authorized an Agreement and
Purchase Order in the amount of$603,900 with four single-year options to Nelson Paving and
Grading Corporation for asphalt grading and repair services.
Background:
The Department of Public Works, Operations &Maintenance Division, is responsible for
maintaining all streets in the City. The Division has an Agreement and Purchase Order with
Nelson Paving and Grading Corporation to provide on-call asphalt grading and repair services.
Staff is requesting that the Director of Administrative Services be authorized and directed to
transfer$300,000 from Gas Tax to the General Fund Account No. 001-400-0088-5502
"Professional and Contractual Services",budgeted and approved by the Mayor and Common
Council. Additionally increase Annual Purchase Order 2014-166 for an amount not to exceed
$466,500 to Nelson Paving and Grading for asphalt grading and repair services. These funds will
allow the department to improve some of the damaged streets with more than simple pothole
patching.
City Attorney Review:
Packet Pg.165
Updated: 1/15/2014 by Jolena E.Grider A
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2806
Supportim!Documents:
Reso 2010-38 (PDF)
reso 2806 (PDF)
Vsa (PDF)
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Updated: 1/15/2014 by Jolena E.Grider A Packet Pg. 166
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1 RESOLUTION NO. 2010-38
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.
g 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. z
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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 a
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11 authorized to execute on behalf of said City an Agreement between the City of'San 0
12 Bernardino and Nelson Paving and Grading Corporation (NPG), a copy of which is o
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13 attached hereto, marked as Exhibit "A", and incorporated herein by this reference as o
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fully as though set forth at length.
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SECTION 2. That pursuant to this determination the Director of Finance or her S
17 designee is hereby authorized to issue a Purchase Order to Nelson Paving and
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18 Grading Corporation (NPG) in the amount of$603,900 for FY 09-10. C?
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19 SECTION 3. The Purchase Order shall reference this Resolution Number and N
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shall read, "Nelson Paving and Grading Corporation (NPG) for asphalt paving and
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repair services. Agreement not to exceed $603,900" and shall incorporate the terms E
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28 and conditions of the agreement. a
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.
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2010-38
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
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.
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6 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 joint regular
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7 meeting thereof, held on the lst day of March , 2010, by the Z
8 following vote, to wit:
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Council Members: AYES NAYS ABSTAIN ABSENT
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20 Rachel G. Clark, City Clerk
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The foregoing resolution is hereby approved this h--( day of
22 March , 2010.
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24 Pat ' k J. Morris, r
Ci y of San Bernardino
25 App d as to Form:
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27 James F. Penman
City Attorney
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I RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING AND DIRECTING THE DIRECTOR OF
3 ADMINISTRATIVE SERVICES TO APPROPRIATE $300,000 OF UNALLOCATED
4 HIGHWAY USERS TAX ACCOUNT FUNDS TO ACCOUNT 001-400-0088-5502
"PROFESSIONAL/CONTRACTUAL SERVICES" AND INCREASE PURCHASE
5 ORDER 2014-166 TO AN AMOUNT NOT TO EXCEED $466,500 TO NELSON
PAVING AND GRADING CORPORATION FOR ASPHALT GRADING AND
6 REPAIR SERVICES.
7 is BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE Z
8 CITY OF SAN BERNARDINO AS FOLLOWS: L
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9 SECTION 1. The Director of Administrative Services is hereby authorized and
10 directed to appropriate $300,000 of unallocated Highway Users Tax Account Funds to Q
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Account 001-400-0088-5502 "Professional/Contractual Services" for asphalt grading and
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repair services. c
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14 SECTION 2. The Director of Administrative Services is hereby authorized and a
15 directed to increase Annual Purchase Order 2014-166 to an amount not to exceed $466,500 to R
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'Nelson Paving and Grading Corporation, which shall reference this resolution and shall ..
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17 incorporate the terms and conditions of the Agreement. N
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
2 SAN BERNARDINO AUTHORIZING AND DIRECTING THE DIRECTOR OF
ADMINISTRATIVE SERVICES TO APPROPRIATE $300,000 OF UNALLOCATED
3 HIGHWAY USERS TAX ACCOUNT FUNDS TO ACCOUNT 001-400-0088-5502
4 "PROFESSIONAL/CONTRACTUAL SERVICES" AND INCREASE PURCHASE
ORDER 2014-166 TO AN AMOUNT NOT TO EXCEED $466,500 TO NELSON
5 PAVING AND GRADING CORPORATION FOR ASPHALT GRADING AND
REPAIR SERVICES.
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7 1 HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and a
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Common Council of the City of San Bernardino at a meeting a
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10 thereof,held on the day of , 2014, by the following vote,to wit:
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11 Council Members: AYES NAYS ABSTAIN ABSENT a
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12 MARQUEZ
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VALDIVIA
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16 SHORETT
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18 JOHNSON
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19 MULVIHILL
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22 Georgeann Hanna, City Clerk r
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23 The foregoing resolution is hereby approved this day of ,2014.
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25 Patrick J. Morris, Mayor
City of San Bernardino
26 Approved as to form:
GARY D. SAENZ,
27 City Attorney
28 By. .._�...�
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2010-38
VENDOR SERVICE AGREEMENT
2 This Vendor Service Agreement is entered into this 1" 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").
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WITNESSETH:
6
7 WHEREAS, the Mayor and Common Council has determined that it is advantageous
$ and in the best interest of the CITY to contract for asphalt paving and repair services;and n.
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9 WHEREAS, the City of San Bernardino did solicit and accept bids from available L
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10 vendors for asphalt paving and repair services per RFQ F-10-04; and, �
WHEREAS,Nelson Paving and Grading Corporation(NPG) submitted the lowest best N
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NOW,THEREFORE,the parties hereto agree as follows: E
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15 J. SCOTT OF SERVICES. o
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For the remuneration stipulated in paragraph 2, San Bernardino hereby engages the d
17 services of VENDOR to provide those products and services as set forth in RFQ F-10-04, a
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18 copy of which is attached hereto as Attachment"1"and incorporated by this reference. co
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19 2. COMPENSATION AND EXPENSES. >
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a. For the services delineated above, the CITY, upon presentation of an invoice, shall E
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pay the VENDOR up to the amount of $603,900 for asphalt paving and repair Q
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 tern of this agreement shall be from March 1, 2010 through June 30, 2010, with
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four (4) one-year extensions at the City's option. Option year one, if exercised, shall be
28 Exhibit"A"
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2010-38
1 effective July 1, 2010 through June 30, 2011. Option year two, if exercised, shall be effective
fir+' 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
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through June 30,2014.
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This Agreement may be terminated at any time by thirty (30) days prior written notice
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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 a
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9 agreement. Price in any option year shall be as negotiated by the parties at the time of exercise L
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10 of the option. In no option year shall the price exceed that set forth herein.
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4. WARRANTY a
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13 Vendor expressly warrants that all products and services supplied to City by Vendor
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14 under this Agreement shall conform to the specifications, drawings or other description upon E
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which this purchase is based, shall be fit and sufficient for the purpose intended, merchantable, a.
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of good material and workmanship, free from defects and fee and clear of all liens or
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encumbrances. Inspection, testing, acceptance or use of the goods by the City shall not affect c
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19 Vendor's obligations under this warranty, and such warranty shalt survive inspection, testing,
20 acceptance and use. Vendor agrees to replace or correct promptly defects of any goods or
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21 services not conforming to the foregoing warranty without expense to the City, when notified
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22 of such non-conformity by City. If Vendor fails to correct the defects in or replace non- a
23 conforming goods or services promptly, City may, after reasonable notice to Vendor, make
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such corrections or effect cover, or cure, at Vendor's expense. "Reasonable notice" for
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purposes of this section shall not be deemed to require more than 60 calendars days notice
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28 Exhibit"A"
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2010.38
before commencement of efforts by the City to effect cover or a cure except upon written
2 agreement of the Parties.
3 S. INDEMNITY.
4 Vendor agrees to and shall indemnify and hold the City, its elected officials, employees,
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agents or representatives, free and harmless from all claims, actions, damages and liabilities of
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any kind and nature arising from bodily injury, including death, or property damage, based or
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8 asserted upon any or alleged act or omission of Vendor, its employees, agents, or
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9 subcontractors, relating to or in any way connected with the accomplishment of the work or
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10 performance of service under this Agreement, unless the bodily injury or property damage was W
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1l actually caused by the sole negligence of the City, its elected officials, employees, agents or y
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representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its
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own expense, including attorney's fees the City, its elected officials, employees, agents or E
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representatives from any and all legal actions based upon such actual or alleged acts or a
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16 omissions. Vendor hereby waives any and all rights to any types of express or implied M
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17 indemnity against the City, its elected officials, employees, agents or representatives, with
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respect to third party claims against the Vendor relating to or in any way connected with the N
19 accomplishment of the work or performance of services under this Agreement.
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6. INSURANCE.
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22 While not restricting or limiting the foregoing, during the term of this Agreement, Q
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
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named insured in each policy of insurance provided hereunder. The Certificate of Insurance
28 Exhibit"A.°'
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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.
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7. NON-DISCRIMINATION.
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In the performance of this Agreement and in the hiring and recruitment of employees,
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7 VENDOR shall not engage in, nor permit its officers, employees or agents to engage in,
8 discrimination in employment of persons because of their race, religion, color, national origin, a
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g ancestry, age, mental or physical disability,medical conditions,marital status, sexual gender or L
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10 sexual orientation,or any other status protected by law. a_
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S. INDEPENDENT CONTRACTOR.
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VENDOR shall perform work tasks provided by this Agreement, but for all intents and 0
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purposes VENDOR shall be an independent contractor and not an agent or employee of the E
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15 CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of a
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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 c°
19 performed hereunder. >
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9. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. E
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22 VENDOR warrants that it possesses or shall obtain,and maintain a business registration a
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.
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27
28 Exhibit"A"
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2010-38
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
Perris,CA 92571 z
g Telephone: (951)940-0200
Contact: a
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_.._ _.._... 10_ ATTORNEYS ..FEES:. _ - -
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12 In the event that litigation is brought by any party in connection with this Agreement, Q
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13 the prevailing party shall be entitled to recover from the opposing party all costs and expenses, c
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14 including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of a
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15 its rights or remedies hereunder or the enforcement of any of the terms, conditions or
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16 provisions hereof. The costs, salary and expenses of the City Attorney and members of his
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$ office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' co
19 fees"for the purposes of this paragraph.
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20 11. ASSIGNMENT.
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22 VENDOR shall not voluntarily or by operation of Iaw assign, transfer, sublet or U
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22 encumber all or any part of the VENDOR's interest in this Agreement.without CITY's prior a
23 written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void
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25 and shall constitute a breach of this Agreement and cause for the termination of this
26 Agreement. Regardless of CITY's consent,no subletting or assignment shall release VENDOR
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28 Exhibit"A"
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2010-38
1 of VENDOR's obligation to perfonn 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
Agreement shall be tried and litigated either in the State courts located in the County of San
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7 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 a.
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9 mandatory and not permissive in nature.
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10 13. GOVERNING LAW. �
11 This Agreement shall be governed by the laws of the State of California. N
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12 14. SUCCESSORS AND ASSIGNS. °
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�� This Agreement shall be binding on and inure to the benefit of the parties to this
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Agreement and their respective heirs,representatives,successors, and assigns. a
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IS. HEADINGS.
17 The subject headings of the sections of this Agreement are included for the purposes of
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18 convenience only and shall not affect the construction or the interpretation of any of its N
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provisions. >
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16. SEVERABILITY. E
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22 If any provision of this Agreement is determined by a court of competent jurisdiction to Q
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
26 other circumstance, and the remaining provisions of this Agreement shall remain in full force
26 and effect.
27
28 Exhibit"N'
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1 17. REMEDIES; WAIVER.
'2 All remedies available to either party for one or more breaches by the other party are
II� 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
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Agreement by the other shall not be deemed a waiver of such breach or a waiver of future
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7 breaches, unless such waiver shall be in writing and signed by the party against whom
$ enforcement is sought. a
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9 18. ENTIRE AGREEMENT; MODIFICATION. L
10. This Agreement constitutes the entire agreement and the understanding between the W
11 parties, and supersedes any prior agreements and understandings relating to the subject manner N .
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of this Agreement. This Agreement may be modified or amended only by a written instrument w
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executed by all parties to this Agreement. 0
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2010-38
1 VENDOR SERVICE AGREEMENT
NELSON PAVING AND GRADING CORPORATION(NPG)
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3 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and
4 date set forth below.
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6 Dated: 25 , 2010 Nelson a ing and Grading ation(NPG)
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Dated 2010 CIT
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10 Charles McNe
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