HomeMy WebLinkAbout21- Public Works CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION URIGINAL
From: Randy Kuettle, Acting Director Subject: Resolution the
Council of the San
C
Dept: Public Works Bernardino authorizing the execution of an
Amendment to the Agreement with Nelson
Date: October 14, 2010 Paving and Grading Corporation in order to
include asphalt paving and repair services at
Medical Center Dr. from 9th St. to 16th St.
Meeting Date: October 18, 2010
Synopsis of Previous Council Action:
On March 1, 2010, per Resolution 2010-38, the Mayor and Common Council of the City of San
Bernardino authorized the execution of an Agreement and issuance of a Purchase Order in the
amount of $603,900 with four one-year extensions at the City's option to Nelson Paving and
Grading Corporation for asphalt paving and repair services throughout the City of San
Bernardino.
Recommended Motion:
Adopt Resolution. �-
I
Signature
Contact person: Randy Kuettle, Acting Director Phone: 5140
Supporting data attached: Ward: 6
Staff Report, Resolution,
Amendment to the Vendor Service
Agreement and Attachment "1"
FUNDING REQUIREMENTS: Amount: $100,000
Source: FY 10-11 CIP Budget
Project SS 11-003
Medical Center Dr. from Stn
St. to 16th St.
Finance:
Council Notes:
�o 2 o/o
Agenda Item No.
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 Amendment to the Agreement with Nelson Paving and Grading Corporation in
order to include asphalt paving and repair services at Medical Center Dr. from 9th St. to 16th St.
Background:
On March 1, 2010, per Resolution 2010-38, the Mayor and Common Council of the City of San
Bernardino authorized the execution of an agreement and issuance of a purchase order in the
amount of $603,900 with four 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.
The Public Works Department, Street Division currently has a purchase order in the amount of
$550,900 with NPG for FY 2010-11. However, staff has identified an additional asphalt paving
and repair project in this year's Capital Improvement Budget (CIP) and a purchase order increase
will be required to complete the project. The project is (SS11-003) Medical Center Dr. from 9
St. to 16th St, for an estimated paving cost of$100,000.
Since, the Public Works Department, Street Division currently has spending authority for
$603,900, a $47,000 Amendment is needed to complete the project. The new agreement will be
for $650,900.
The recommended action will authorize the execution of an Amendment to NPG in order to
include asphalt paving and repair services at Medical Center Dr. from 9th St. to 16th St. This
project will be completed by June 30, 2011.
Financial Impact:
Funds for this project are contained in the City's FY 10-11, Capital Improvement Program
Budget, account for asphalt paving and repair services at Medical Center Dr. from 9th St. to 16th
St. (account no. 135-378-5504-0000-0025) in the amount of$100,000.
Account Number: 135-378-5504-0000-0025 Budgeted Amount: $100,000.
Balance as of September 27, 2010: $100,000 Balance after approval of this item: $0.
Please note this balance does not indicate available funding. It does not include non-
encumbered reoccurring expenses or expenses incurred but not yet processed.
Recommendation:
Adopt Resolution.
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RESOLUTION NO.
1
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
2 OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDMENT
3 TO THE AGREEMENT WITH NELSON PAVING AND GRADING CORPORATION
IN ORDER TO INCLUDE ASPHALT PAVING AND REPAIR SERVICES AT
4 MEDICAL CENTER DR. FROM 9TH ST. TO 16TH ST.
5 WHEREAS, on March 1, 2010 per Resolution 2010-38, the Mayor and Common
6 Council authorized an Agreement with Nelson Paving and Grading Corporation; and
7 WHEREAS, the current Purchase Order of $550,900 needs to be increased by
8
$100,000 for a total Purchase Order amount of$650,900; and
9
NOW,THEREFORE,BE IT RESOLVED THAT THE MAYOR AND COMMON
10 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
11 SECTION 1. That the City Manager is hereby authorized to execute on behalf of the
12
City of San Bernardino an Amendment to the Agreement between said City and Nelson Paving
13
and Grading Corporation, a copy of which is attached hereto, marked Exhibit "A" and
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incorporated herein by this reference as 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 increase purchase order 211425 to Nelson Paving and Grading
18 Corporation for a total amount of$650,900.
19 SECTION 3. The Purchase Order shall reference this Resolution Number and shall
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read, "Nelson Paving and Grading Corporation in order to include asphalt paving and repair
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22 services at Medical Center Dr. from 91h St. to 16th St." Purchase Order not to exceed $650,900
23 and shall incorporate the terms and conditions of the Agreement.
24 SECTION 4. The authorization to execute the above referenced Amendment is
25 rescinded if it is not executed by both parties within sixty (60) days of the passage of this
26 resolution.
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28 � � �
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
1 OF SAN BERNARDINO AUTHORIZING THE EXECUTION
GRADING CORPORATION
TO THE AGREEMENT WITH NELSON PAVIN G AND GRAD
2 IN ORDER TO INCLUDE ASPHALT PAVING AND REPAIR SERVICES AT
MEDICAL CENTER DR. FROM 9 ST.TO 16TH ST.
3
4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor
5 and Common Council of the City of San Bernardino at a meeting thereof,
6 held on the day of , 2010 by the following vote,to wit:
7
8 Council Members: Ayes Nays Abstain Absent
9 MARQUEZ
10 DESJARDINS
11 BRINKER
12 SHORETT
13
KELLEY
14
15 JOHNSON
16 MCCAMMACK
17
18 City Clerk
19 The foregoing resolution is hereby approved this day of
20 32010.
21
22
Patrick J. Morris, Mayor
23 City of San Bernardino
24 A roved as to Form:
25
es F. Penman, City Attorney
26
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AMENDMENT NO. 1 TO VENDOR SERVICES AGREEMENT
1 NELSON PAVING AND GRADING CORPORATION
2 Amendment No. 1 "Amendment 1") is entered into this 18th day of
This Am (
3 October 2010,by and between Nelson Paving and Grading Corporation
4 ("VENDOR") and the City of San Bernardino ("CITY" or"San Bernardino").
5
RECITALS
6
A. On March 1, 2010, per Resolution 2010-38, the Mayor and Common Council of
7
the City of San Bernardino authorized the execution of an Agreement and
8 issuance of a Purchase Order in the amount of $603,900 with four one-year
9 extensions at the City's option to Nelson Paving and Grading Corporation for
10 asphalt paving and repair services throughout the City of San Bernardino, a copy
11 of which is attached hereto as"Attachment 1"and incorporated by this reference.
12 B. The CITY and VENDOR now desire to amend the Agreement to increase the
amount of the Agreement by $47,000 for a total not-to-exceed purchase price of
13
$650,900 for asphalt paving and repair services throughout the City of San
14 Bernardino.
15
16 AGREEMENT
17 In consideration of the mutual promises contained in the Vendor Services
18 Agreement,the parties agree as follows:
19 1 Section 2 (a) of the Agreement is amended by striking $603,900 and adding
the term $650,900.
20
2. The other provisions of the written contract are reaffirmed as originally stated.
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28 Exhibit"A"
1
AMENDMENT NO. 1 TO VENDOR SERVICES AGREEMENT
1 NELSON PAVING AND GRADING CORPORATION
2
3
IN WITNESS THEREOF,the parties hereto have executed the Agreement on the day
4
and date first above written.
5
6 Dated: 52010 Nelson Paving and Grading Corporation
7
By:
8
9
10
11 Dated: , 2010 CITY OF SAN BERNARDINO
12
13
14 By: Charles E. McNeely, City Manager
15
ATTEST:
16
17
18 Rachel Clark, City Clerk
19
20
21 Approved as to form:
22 James F. Penman, City Attorney
23
24 By:
25
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28 Exhibit"A"
2
AMENDMENT NO. 1 TO VENDOR SERVICES AGREEMENT
1 NELSON PAVING AND GRADING CORPORATION
2 This Amendment No. 1 ("Amendment 111) is entered into this 181'day of
3 October 2010,by and between Nelson Paving and Grading Corporation
4 ("VENDOR")and the City of San Bernardino("CITY"or"San Bernardino").
5
RECITALS
6
A. On March 1, 2010, per Resolution 2010-38, the Mayor and Common Council of
7
the City of San Bernardino authorized the execution of an Agreement and
8 issuance of a Purchase Order in the amount of $603,900 with four one-year
9 extensions at the City's option to Nelson Paving and Grading Corporation for
10 asphalt paving and repair services throughout the City of San Bernardino, a copy
11 of which is attached hereto as"Attachment 1"and incorporated by this reference.
12 B. The CITY and VENDOR now desire to amend the Agreement to increase the
amount of the Agreement by $47,000 for a total not-to-exceed purchase price of
13
$650,900 for asphalt paving and repair services throughout the City of San
14
a Bernardino.
15
16 AGREEMENT
17 In consideration of the mutual promises contained in the Vendor Services
18 Agreement,the parties agree as follows:
19 1. Section 2 (a) of the Agreement is amended by striking $603,900 and adding
20 the term$650,900.
2. The other provisions of the written contract are reaffirmed as originally stated.
21
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1
AMENDMENT NO. 1 TO VENDOR SERVICES AGREEMENT
1 NELSON PAVING AND GRADING CORPORATION
2
3
IN WITNESS THEREOF,the parties hereto have executed the Agreement on the day
4
and date first above written.
5
6 Dated: 52010 Nelson Paving and Grading Corporation
7
By:
8
9
10
11 Dated: , 2010 CITY OF SAN BERNARDINO
12
13
By: Charles E. McNeely, City Manager
14
® 15
ATTEST:
16
17
18 Rachel Clark, City Clerk
19
20
21 Approved as to form:
22 James F. Penman, City Attorney
23
24 By:
25
26
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{ 2
r�.r....rr
Attachment
1 VENDOR SERVICE AGREEMENT
2 This Vendor Service Agreement is entered into this 1st 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
1' SCOPE OF SERVICES.
15
�... For the remuneration stipulated in paragraph 2, San Bernardino hereby engages the
16
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.
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a. For the services delineated above, the CITY, upon presentation of an invoice, shall
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pay the VENDOR up to the amount of $603,900 for asphalt paving and repair
22
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
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four (4) one-year extensions at the City's option. Option year one, if exercised, shall be
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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 maybe terminated at any time by thirty (30) days prior written nonce
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.
it
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
acceptance and use. Vendor agrees to replace or correct promptly defects of any goods or
20
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
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purposes of this section shall not be deemed to require more than 60 calendars days notice
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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
any kind and nature arising from bodily injury, including death, or property damage, based or
7
asserted upon any or alleged act or omission of Vendor, its employees, agents, or
8
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
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own expense, including attorney's fees the City, its elected officials, employees, agents or
�I 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
While not restricting or limiting the foregoing, during the term of this Agreement,
22
VENDOR shall maintain in effect policies of comprehensive public, general and automobile
24 liability insurance, in t he 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
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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.
7
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
CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
15
15 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
VENDOR warrants that it possesses or shall obtain, and maintain a business registration
22
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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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4
I 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
300 North"D"Street
5 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 In the event that litigation is brought by any party in connection with this Agreement,
12
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
Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR
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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
Riverside Division. The aforementioned choice of venue is intended by the parties to be
8
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
Agreement and their respective heirs,representatives, successors, and assigns.
15
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
If any provision of this Agreement is determined by a court of competent jurisdiction to
22
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.
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APWN
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 fititure
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.
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27 Ill
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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: '—? 2 ,2010 Nelson a ing and Grading (NPG)
7 By'8 PGt7ation
NP
9 2010 4Cliarles BE NO
Dated
10
11 cNee ty anage r
12 Approved as to Form:
13 By �-c ---
14 James F. Pe Ilan, City Attorney
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