HomeMy WebLinkAbout2015-076 1 RESOLUTION NO. 2015-76
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3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NUMBER ONE
4 TO THE AGREEMENT WITH NBI GENERAL CONTRACTORS, INC. AND ISSUE A
5 PURCHASE ORDER IN THE AMOUNT OF $304,800 FOR ADDITIONAL PARK
IMPROVEMENTS AT NUNEZ PARK
6
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
7 SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The City Manager is hereby authorized and directed to execute on behalf of the
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10 City Of San Bernardino Amendment Number One to the Vendor Services Agreement Between
11 the City of San Bernardino and NBI Contractors Inc., for Park Improvements at Nunez Park, a
12 copy of which is attached hereto as Exhibit "A" and incorporated herein as though set forth fully
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at length.
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SECTION 2. That the Director of Finance, or his/her designee, is hereby authorized and
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16 directed to issue a purchase order in an amount not to exceed $304,800.
17 SECTION 3. That these authorizations are rescinded if the actions described above are not
is
performed within sixty(60) days of the passage of this Resolution.
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1
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NUMBER ONE
2 TO THE AGREEMENT WITH NBI GENERAL CONTRACTORS, INC. AND ISSUE A
3 PURCHASE ORDER IN THE AMOUNT OF $304,800 FOR ADDITIONAL PARK
IMPROVEMENTS AT NUNEZ PARK
4
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
5
6 Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the
7 20th day of April, 2015, by the following vote, to wit:
8 Council Members: AYES NAYS ABSTAIN ABSENT
9
MARQUEZ X
10
11 BARRIOS X
12 VALDIVIA X
13 SHORETT X
14
NICKEL X
15
JOHNSON X
16
17 MULVIHILL X
18
Georg Hanna, ity Clerk
19 f
20 The foregoing Resolution is hereby approved this 3 day of 015.
21 12 6��
22
R. Carey Davis Mayor
23 City of San B rnardino
Approved as to form:
24 Gary D. Saenz, City Attorney
25 �
By:
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2015-76
AMENDMENT NUMBER ONE TO THE VENDOR SERVICES AGREEMENT
BETWEEN
THE CITY OF SAN BERNARDINO AND
NBI GENERAL CONTRACTORS FOR
THE NUNEZ PARK IMPROVEMENTS PROJECT
This Amendment Number One (the "First Amendment") is entered into this 20th day of
April , 2015, BY AND BETWEEN:
the City of San Bernardino, a Charter City organized under the laws of the State of
California, with an address of 300 N. "D" Street, San Bernardino, California (the
"CITY");
AND,
NBI General Contractors Inc., a corporation, incorporated under the laws of the State of
California and having its principal place of business at 1770 Howard Place in Redlands,
California (the "VENDOR") (individually CITY or VENDOR may be referred to as a
"PARTY" and collectively CITY and VENDOR may be referred to as the "PARTIES").
WITNESSETH :
WHEREAS, on 7th day of January, 2015 the CITY and VENDOR entered into that
certain Agreement titled Vendor Services Agreement Between the City of San Bernardino and
NBI General Contractors Inc. for the Nunez Park Improvements Project (the "Agreement") for
construction of various park improvements; and,
WHEREAS, CITY and VENDOR desire to amend the Agreement for additional park
improvements that were contemplated in the original bid process, but were unfunded until now,
and desire to amend their rights, duties, and liabilities in connection with their performance
thereunder.
AMENDMENT NUMBER ONE TO THE VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF
SAN BERNARDINO AND NBI GENERAL CONTRACTORS FOR NUNEZ PARK IMPROVEMENTS
Page 1 of 3
2015-76
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
contained herein, the PARTIES hereby agree as follows:
1. Attachment "1" to the Agreement shall be amended to include Exhibit "A," attached
hereto and incorporated herein, to include additional goods and services to be provided to the
Nunez Park Improvements Project.
2. Section 2—COMPENSATION AND EXPENSES shall be amended to read as follows:
"2. COMPENSATION AND EXPENSES.
a. For the services delineated above, the CITY, upon presentation of an invoice, shall
pay the VENDOR up to the amount of Seven Hundred One Thousand Eight Hundred
Sixty Four Dollars ($701,864) for the goods and services set forth in Phase I of
Attachment 'L'
b. For the services delineated above, the CITY, upon presentation of an invoice, shall
pay the VENDOR up to the amount of Three Hundred Four Thousand Eight Hundred
Dollars ($304,800) for the goods and services set forth in Phase II of Attachment `I.'
c. VENDOR understands and agrees that VENDOR will not receive payment from the
CITY until the CITY receives advance payment from the State of California or the
United States of America. VENDOR further agrees that payment for services is
contingent upon the CITY receiving money from the State of California or United
States of America for this project.
d. No other expenditures by VENDOR shall be reimbursed by CITY."
AMENDMENT NUMBER ONE TO THE VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF
SAN BERNARDINO AND NBI GENERAL CONTRACTORS FOR NUNEZ PARK IMPROVEMENTS
Page 2 of 3
2015-76
AMENDMENT NUMBER ONE TO THE VENDOR SERVICES AGREEMENT
BETWEEN
THE CITY OF SAN BERNARDINO AND
NBI GENERAL CONTRACTORS FOR
THE NUNEZ PARK IMPROVEMENTS PROJECT
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated: , 2015 VENDOR: NBI General Contractors, Inc.
By:
Its:
Dated , 2015 CITY OF SAN BERNARDINO
By:
Allen Parker, City Manager
APPROVED AS TO FORM:
Gary D. Saenz, City Attorney
By. !t
AMENDMENT NUMBER ONE TO THE VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF
SAN BERNARDINO AND NBI GENERAL CONTRACTORS FOR NUNEZ PARK IMPROVEMENTS
Page 3 of 3
2015-76
AMENDMENT NUMBER ONE TO THE VENDOR SERVICES AGREEMENT
BETWEEN
THE CITY OF SAN BERNARDINO AND
NBI GENERAL CONTRACTORS FOR
THE NUNEZ PARK IMPROVEMENTS PROJECT
This Amendment Number One (the "First Amendment") is entered into this 20th day of
April , 2015, BY AND BETWEEN:
the City of San Bernardino, a Charter City organized under the laws of the State of
California, with an address of 300 N. "D" Street, San Bernardino, California (the
"CITY");
AND,
NBI General Contractors Inc., a corporation, incorporated under the laws of the State of
California and having its principal place of business at 1770 Howard Place in Redlands,
California (the "VENDOR") (individually CITY or VENDOR may be referred to as a
"PARTY" and collectively CITY and VENDOR may be referred to as the "PARTIES").
WITNESSETH :
WHEREAS, on 7th day of January, 2015 the CITY and VENDOR entered into that
certain Agreement titled Vendor Services Agreement Between the City of San Bernardino and
NBI General Contractors Inc. for the Nunez Park Improvements Project (the "Agreement") for
construction of various park improvements; and,
WHEREAS, CITY and VENDOR desire to amend the Agreement for additional park
improvements that were contemplated in the original bid process, but were unfunded until now,
and desire to amend their rights, duties, and liabilities in connection with their performance
thereunder.
AMENDMENT NUMBER ONE TO THE VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF
SAN BERNARDINO AND NBI GENERAL CONTRACTORS FOR NUNEZ PARK IMPROVEMENTS
Page 1 of 3
2015-76
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
contained herein, the PARTIES hereby agree as follows:
1. Attachment "1" to the Agreement shall be amended to include Exhibit "A," attached
hereto and incorporated herein, to include additional goods and services to be provided to the
Nunez Park Improvements Project.
2. Section 2—COMPENSATION AND EXPENSES shall be amended to read as follows:
"2. COMPENSATION AND EXPENSES.
a. For the services delineated above, the CITY, upon presentation of an invoice, shall
pay the VENDOR up to the amount of Seven Hundred One Thousand Eight Hundred
Sixty Four Dollars ($701,864) for the goods and services set forth in Phase I of
Attachment 'L'
b. For the services delineated above, the CITY, upon presentation of an invoice, shall
pay the VENDOR up to the amount of Three Hundred Four Thousand Eight Hundred
Dollars ($304,800) for the goods and services set forth in Phase II of Attachment `1.'
c. VENDOR understands and agrees that VENDOR will not receive payment from the
CITY until the CITY receives advance payment from the State of California or the
United States of America. VENDOR further agrees that payment for services is
contingent upon the CITY receiving money from the State of California or United
States of America for this project.
d. No other expenditures by VENDOR shall be reimbursed by CITY."
1H
AMENDMENT NUMBER ONE TO THE VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF
SAN BERNARDINO AND NBI GENERAL CONTRACTORS FOR NUNEZ PARK IMPROVEMENTS
Page 2 of 3
2015-76
AMENDMENT NUMBER ONE TO THE VENDOR SERVICES AGREEMENT
BETWEEN
THE CITY OF SAN BERNARDINO AND
NBI GENERAL CONTRACTORS FOR
THE NUNEZ PARK IMPROVEMENTS PROJECT
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated: , 2015 VENDOR: NBI General Contractors, Inc.
By:
Its: �� ✓ �
t
Dated �.z , 2015 CITY OF SAN BERNARDINO
By:
,Affen Parker, City Manager
APPROVED AS TO FORM:
Gary D. Saenz, City Attorney
By.
AMENDMENT NUMBER ONE TO THE VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF
SAN BERNARDINO AND NBI GENERAL CONTRACTORS FOR NUNEZ PARK IMPROVEMENTS
Page 3 of 3