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HomeMy WebLinkAbout05.L- Public Works 5:L RESOLUTION (ID # 3633) DOC ID: 3633 B CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION 4 Agreement/Contract From: Tony Frossard M/CC Meeting Date: 02/02/2015 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 the Execution of a Vendor Service Agreement and Issuance of an Annual Purchase Order in the Amount of $400,000 with Three (3) One-Year Extensions at the City's Option to NPG Corporation for Asphalt Paving/Repair Services. (#3633) Current Business Registration Certificate: Yes Financial Impact: The total amount of$400,000 will be expended out of the Highway Users Tax Account 126-400-0088-5502 (HUTA/ Gas Tax). The funds have been encumbered. Original purchase order will be disencumbered. A new purchase order will be established under NPG. There is no additional fiscal impact. Please note this balance does not indicate available funding. It does not include non- encumbered reccurring expenses or expenses incurred, but not yet processed. Motion: Adopt the Resolution. Synopsis of Previous Council Action: 07/22/14 Resolution No. 2014-285 was adopted authorizing the execution of a Vendor Service Agreement and issuance of an annual purchase order in the amount of $400,000 with three (3) one-year extensions at the City's option to All American Asphalt for asphalt paving/repair services. Background: The Public Works Department is responsible for maintaining all streets in the City. Asphalt paving and repair of the streets extends the useful life of the streets and is essential for the safety of the motoring and walking public. On May 19, 2014, a formal bid process was initiated to solicit bids for asphalt paving/repair services. Notices were posted on the web, printed in the newspaper, and mailed to the Chamber of Commerce. One local vendor and three non-local vendors responded. The bid requested Unit Cost and Total Costs. The vendor, business location, and total cost for asphalt paving/repair services are listed below: Updated: 1/28/2015 by Georgeann "Gigi" Hanna B Packet Pg. 15- 5.L 3633 Vendor Location Total Cost All American Asphalt Corona $213,100.00 NPG Corporation Perris $287,900.00 Rick Avila Construction San Bernardino $294,794.50 Terra Pave Whittier $388,750.00 All American Asphalt was the lowest qualified vendor and on July 22, 2014, the Mayor and Common Council authorized an agreement and purchase order. On January 14, 2015, the Public Works Department received a letter from All American Asphalt stating that they wished to end the agreement with the City. In accordance with City Purchasing Polices, the Public Works Department would like to award the contract to the second lowest vendor, NPG Corporation, in order to move forward with asphalt paving and repair throughout the City. Staff is requesting that the Mayor and Common Council authorize the execution of a Vendor Service Agreement and issuance of an Annual Purchase Order in the amount of $400,000 with three (3) one-year extensions at the City's option to NPG Corporation for asphalt paving/repair services. City Attorney Review: Supporting Documents: Reso (DOC) agrmt 3633 (PDF) Bid Summary Sheet(PDF) Bid Packet (PDF) Letter from All American Asphalt (PDF) Updated: 1/28/2015 by Georgeann "Gigi" Hanna B Packet Pg. 155 5.L.-a 1 RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A VENDOR 3 SERVICE AGREEMENT AND ISSUANCE OF AN ANNUAL PURCHASE ORDER IN 4 THE AMOUNT OF $400,000 WITH THREE (3) ONE-YEAR EXTENSIONS AT THE CITY'S OPTION TO NPG CORPORATION FOR ASPHALT PAVING/REPAIR 5 SERVICES. 6 WHEREAS, the City of San Bernardino determined that it was in the best interest of 7 the City to bid for asphalt paving/repair services; and 8 WHEREAS,All American Asphalt was determined to be the lowest bidder for asphalt 9 paving/repair services; and 10 .2 11 WHEREAS, the Mayor and Common Council authorized the execution of a vendor in 12 service agreement and issued an Annual Purchase Order 2015-571 to All American Asphalt a 13 per Resolution Number 2014-285; and f° s a 14 WHEREAS, on December 11, 2014, All American Asphalt sent a letter requesting to a 15 M end the agreement with the City; and 16 0 17 WHEREAS, NPG Corporation was determined to be the second lowest bidder for w 18 asphalt paving/repair services. 19 THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON 20 COUNCILO OF THE CITY OF SAN BERNARDINO AS FOLLOWS: Q 21 SECTION 1. The City Manager of the City of San Bernardino is hereby authorized 22 and directed to execute on behalf of said City a Vendor Service Agreement between the City 23 of San Bernardino and NPG Corporation, a copy of which is attached hereto, marked Exhibit 24 "A", and incorporated herein by reference as fully as through set forth at length. 25 26 SECTION 2. That pursuant to this determination the Director of Finance or his esignee is hereby authorized to issue an annual purchase order to NPG Corporation in the 27 d 28 amount of$400,000 with three(3) one-year extensions at the City's option. 1 Packet Pg. 156 ..rte 5 .aa I SECTION 3. The Purchase Order shall reference this Resolution Number and shall 2 read, "NPG Corporation for asphalt paving/repair services. Agreement not to exceed 3 $400,000" and shall incorporate the terms and conditions of the Agreement. 4 SECTION 4. The authorization to execute the above-referenced Agreement is 5 rescinded if it is not executed by both parties within sixty (60) days of the passage of this 6 resolution. 7 8 /// 9 /// N 10 o E 12 °- 13 14 /// a 15 16 /// o N d 17 18 /// 19 20 21 22 /// 23 /// 24 /// 25 26 27 28 /// 2 Packet Pg.157 I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A VENDOR 2 SERVICE AGREEMENT AND ISSUANCE OF AN ANNUAL PURCHASE ORDER IN THE AMOUNT OF $400,000 WITH THREE (3) ONE-YEAR EXTENSIONS AT THE 3 CITY'S OPTION TO NPG CORPORATION FOR ASPHALT PAVING/REPAIR 4 SERVICES. 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 6 and Common Council of the City of San Bernardino at a meeting 7 thereof,held on the day of , 2015,by the following vote, to wit: 8 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 MARQUEZ 11 BARRIOS in 12 VALDIVIA CL 13 SHORETT 14 a NICKEL 15 M M 16 JOHNSON c N d 17 MULVIHILL _ 18 E 19 Georgeann Hanna, City Clerk a 20 The foregoing resolution is hereby approved this day of , 2015. 21 22 23 R. CAREY DAVIS, Mayor City of San Bernardino 24 25 Approved as to form: GARY D. SAENZ 26 City Attorney 27 By: 28 3 Packet.Pg. 158 VENDOR SERVICE AGREEMENT BETWEEN THE CIT OF SAN BERNARDINO AND NPG CORPORATION FOR ASPHALT PAVING/REPAIR SERVICES This Vendor Service Agreement is entered into this day of , 2015 by and between NPG Corporation ("VENDOR") and the City of San Bernardino ("CITY" o "San Bernardino"). WITNESSETH: 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/repair services and; WHEREAS, The City of San Bernardino did solicit and accept quotes from available VENDORs for such asphalt paving/repair services; and `" rn WHEREAS, VENDOR is the lowest responsive bidder to provide said service to City; a and a a NOW,THEREFORE,the parties hereto agree as follows: M M 1. SCOPE OF SERVICES. M M For the remuneration stipulated; San Bernardino hereby engages the services of 0 VENDOR to provide those services as set forth in RFQ F-14-38, a copy of which is on file it 1° r as the Public Works Department and a copy of the Price Form is attached hereto as Attachment E co "1" and incorporated here by this reference. a 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$400,000 for asphalt paving/repair services pursuant to RFQ F-14-38. b. No other expenditures made by VENDOR shall be reimbursed by CITY. Exhibit"A" I Packet Pa.159 3. TERM; TERMINATION. The term of this agreement shall be from January 5, 2015 through June 30, 2015, witl three (3) one-year extensions at the City's option. Option year one, if exercised, shall be effective July 1, 2015 through June 30, 2016. Option year two, if exercised, shall be effective July 1, 2016 through June 30, 2017. Option year three, if exercised, shall be effective July 1 2017 through June 30, 2018. This Agreement may be terminated at any time by thirty (30) days' written notice b) either party. The terms of this Agreement shall remain in force unless amended by writter V agreement of the parties executed on or before the date of expiration of current term of the agreement. �a a 4. INDEMNITY. s CL VENDOR agrees to and shall indemnify and hold the City, its elected officials, employees, Q M agents or representatives, free and harmless from all claims, actions, damages and liabilities of M M any kind and nature arising from bodily injury, including death, or property damage, based or M asserted upon any or alleged act or omission of VENDOR, its employees, agents, or M subcontractors, relating to or in any way connected with the accomplishment of the work or E s performance of service under this Agreement, unless the bodily injury or property damage was w w a actually caused by the sole negligence of the City, its elected officials, employees, agents or representatives. As part of the foregoing indemnity, VENDOR agrees to protect and defend at its own expense, including attorney's fees the City, its elected officials, employees, agents or representatives from any and all legal actions based upon such actual or alleged acts or omissions. VENDOR hereby waives any and all rights to any types of express or implied indemnity against the City, its elected officials, employees, agents or representatives, with Exhibit"A" 2 Packet Pg. 160 respect to third party claims against the VENDOR relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement. 5. INSURANCE. While not restricting or limiting the foregoing, during the term of this Agreement. VENDOR shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory worker's compensation coverage, and shall file copies of said policies with the CITY's Risk Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an d additional named insured in each policy of insurance provided hereunder. The Certificate of N rn Insurance furnished to the CITY shall require the insurer to notify CITY at least 30 days prior a to any change in or termination of the policy. s CL b. NON-DISCRIMINATION. a In the performance of this Agreement and in the hiring and recruitment of employees, M M VENDOR shall not engage in, nor permit its officers, employees or agents to engage in, o discrimination in employment of persons because of their race, religion, color, national origin, �, E ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or E sexual orientation, or any other status protected by law. w r a 7. INDEPENDENT CONTRACTOR. VENDOR shall perform work tasks provided by this Agreement, but for all intents and purposes VENDOR shall be an independent contractor and not an agent or employee of the CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for VENDOR and its officers, agents, and Exhibit"A" 3 Packet,Pg.161 employees, and all business license, if any are required, in connection with the services to be performed hereunder. 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. VENDOR warrants that it possesses or shall obtain, and maintain a business registration certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits, qualifications, insurance and approval of whatever nature that are legally required of VENDOR to practice its business or profession. 9. NOTICES. y d Any notices to be given pursuant to this Agreement shall be deposited with the United N rn States Postal Service,postage prepaid and addressed as follows: �a a TO THE CITY: Public Works Director 300 North"D" Street e. San Bernardino, CA 92418 a Telephone: (909) 384-5140 M M TO THE VENDOR: NPG Corporation M PO Box 1515 Perris, CA 92572 Telephone: E Contact: 1° r d 10. ATTORNEYS' FEES. E c� In the event that litigation is brought by any party in connection with this Agreement, Q the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions hereof. Attorney's fees for the City Attorney and members of his office shall be calculated based on market rate for comparable services. Exhibit"A" 4 Packet Pg.162 11. ASSIGNMENT. VENDOR shall not voluntarily or by operation of law assign, transfer, sublet o encumber all or any part of the VENDOR's interest in this Agreement without CITY'S prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be voic and shall constitute a breach of this Agreement and cause for the termination of thi,, Agreement. Regardless of CITY's consent,no subletting or assignment shall release VENDOR of VENDOR's obligation to perform all other obligations to be performed by VENDOR hereunder for the term of this Agreement. 12. VENUE. ch rn The parties hereto agree that all actions or proceedings arising in connection with this M a Agreement shall be tried and litigated either in the State courts located in the County of San s c. Bernardino, State of California or the U.S. District Court for the Central District of California, a M Riverside Division. The aforementioned choice of venue is intended by the parties to be M mandatory and not permissive in nature. M 13. GOVERNING LAW. E rn This Agreement shall be governed by the laws of the State of California. E 14. SUCCESSORS AND ASSIGNS. w a This Agreement shall be binding on and inure to the benefit of the parties to this Agreement and their respective heirs,representatives, successors, and assigns. 15. HEADINGS. The subject headings of the sections of this Agreement are included for the purposes of convenience only and shall not affect the construction or the interpretation of any of its provisions. Exhibit"A" 5 Packet Pg. 163 16. SEVERABILITY. If any provision of this Agreement is determined by a court of competent jurisdiction t, be invalid or unenforceable for any reason, such determination shall not affect the validity o enforceability of the remaining terms and provisions hereof or of the offending provision in am other circumstance, and the remaining provisions of this Agreement shall remain in full fore( and effect. 17. ENTIRE AGREEMENT; MODIFICATION. This Agreement constitutes the entire agreement and the understanding between tht parties, and supercedes any prior agreements and understandings relating to the subject manner of this Agreement. This Agreement may be modified or amended only by a written instrument a executed by all parties to this Agreement. s c. N Q M M M M M M E R a+ C E s R w a Exhibit"A" 6 Packet Pg.164 VENDOR SERVICE AGREEMENT BETWEEN THE CIT OF SAN BERNARDINO AND NPG CORPORATION FOR ASPHALT PAVING/REPAIR SERVICES IN WITNESS THEREOF, the parties hereto have executed this Agreement on the da) and date set forth below. Dated: , 2015 NPG CORPORATION By: Its: Dated 12015 CITY OF SAN BERNARDINO By: ) Allen J. Parker, City Manager Approved as to Form: a Gary D. Saenz, City Attorney By: Cn a a M M M M M L b+ cd G V y a.+ Q Exhibit"A" 7 Packet Pg. 165 (SaDlnaaS Bulned ;le4dsV : ££9£) jaauS faewwnS pla :juauayae}jy cfl -z :>t ;r F +� c� 0 0 0 ° Q M. <,.... o 0 0 CD 0 0 o a o o ° n o 0 0 0 0 °° ° .� c� o o M y Y Q 0 (Y) L cn m O o ° `� c - r N O a Q U H N i cu ;t:a•3y:ti U z C_f UN o o a y Q o ° o Lq <` O O O O O .� U-) LO O O O O � () co L M O •'IY'. 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U CL W `•3�{:. � z ° CO tK CD co N ° t!? - r CO _ P co y w O +� N .+ ° O O Q LL h `- L6 U LO U) > Q O L y � LL LIM U O LU 00 (II sue+ CC cry U O -a � 0 t� LO d CL (D U) O CJJ o cn 0 O 0 U m L cu aa. 3 cu Q %< (D o JjYa;(� C^6 W Lam.. /a) O cu L tiS Q p O O a _ N < LL U Q •, h. i. 'i- t7L ?'fi�f� a � y } 2 i" t pit S.tY'f"r cw YZ S,3,�} .. n,. t,5r J -s s< Z-i•rr a/'f�,x� raw ,� s,y t ( c_[4 1f xr,+€t �� r c:..cr,,..�.'�,5 y<rS�:Y 'fin.,.S...,.^�, �.„�Ir?...«.... '=4.•.?4r.:.�Efs z,.i w. Yki.'z�t"��ix?'.S/s�...Y;J.;.e2.�i�� 4"u�.f' 'y ..s5�i��i& z?�/�1Lw,'•/,ea Cf�rx�'...�,�... 5..,; ,r RFQ F-14-33 Asphalt Paving/Repair Services Technical Specifications RFQ F-14-38 ASPHALT PAVING/REPAIR SERVICES NOTICE: "SPECIAL INSTRUCTIONS TO THE BIDDER" The Public Works Department, Operations & Maintenance Division, is responsible for maintaining all streets in the City. The intent of this document is to solicit proposals from highly trained and qualified contractors with experience in providing asphalt paving/repair services. The City is looking for the most responsive and responsible contractor 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 one or more qualified contractor for asphalt paving/repair d services. y Services: > Bidder shall complete right-hand column indicating brief reasoning for exceptions to a requirements when not acceptable. State "Acceptable" if requirements are agreeable as set forth in left-hand column. N a Whenever the terms "Standard Specifications" is used, it shall mean the "Standard M Specifications for Public Works Construction ("Green Book"), 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. M a. FAILURE TO COMPLETE RIGHT HAND COLUMN WILL INVALIDATE BID -a 'm ACCEPTABLE/ CATEGORY ] AS SPECIFIED E 1. ASPHALT MATERIALS w a All asphalt materials shall meet the requirements of Section 400 of the "Green Book" Standard Specification for Public Works Construction, latest edition. All types must be of PG 6410 grade. ACCEPTABLE The Contractor must be able to supply the following: 1. Type %" 2. Type 1/2" 3. Type 3/8" 4. Type extra fine 5. Asphalt emulsion SS1h 10 Packet Pg.168 RPQ F-14-33 Asphalt Paving/Repair Services 2. RELATED COSTS All related costs consist of the following: 1. Traffic control as per California Manual on Uniform Traffic Control Devices or 2012 WATCH. 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. ACCEPTABLE 5. Repaint striping as needed. 6. Notify U.S.A. Dig Alert and marking project areas. 7. Dispose of all materials at an approved recycle center. 8. Crack Sealing (item 5) shall conform to the Standard Specifications. Please completely fill out the Price Form to include the above related costs for a total per-unit cost (See attached Price Form). cn All incomplete bids will be considered non-responsive. *Pricing shall be good through June 30, 2015. a w 3. PRICING tl! The pricing on the Price Form shall be based on a per-unit cost M per item. The unit cost is to establish a list of contractual items o that could be requested for the term of this agreement. The City reserves the right to choose the quantity and amount of each item ACCEPTABLE as needed during the term of this agreement. a Public Works will be recommending to the Mayor and Common m Council based on total annual amount, provided unit costs are considered reasonable. 4. WARRANTY a The Contractor expressly warrants that all projects, material, and workmanship supplied to the City by the Contractor under this ACCEPTABLE 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 ACCEPTABLE previous or current contact references that support your ability to See Attached provide asphalt paving/repair services. Exhibit "A" Packet Pg. 169 RFQ}:-1Q-33 Asphalt I avins Repair Services 6. CONTRACT LENGTH - The length of this contract shall be for one (1) year with three (3) ACCEPTABLE one-year extensions at the City's option. 7. LICENSES The Contractor represents that it has all licenses (A and Class C- 12), permits, certifications, qualification and approvals of whatever nature that are legally required to provide asphalt paving/repair ACCEPTABLE services, including a City business license, and that such license and approvals shall be maintained throughout the term of this Contract. 8. SUBCONTRACTORS The Contractor must disclose all subcontractors prior to being ACCEPTABLE in awarded the bid. rn 9. PREVAILING WAGE -- a This is a prevailing wage contract. ACCEPTABLE y a 10. CONTRACTOR NON-COMPLIANCE M �o A. If the Public Works Director, or his/her designee, determines that there are deficiencies in the performance of this Agreement, the Public Works Director, or his/her a designee, will provide a written notice to the contractor 'a stating the deficiencies and specifying a time frame to 0° correct the specified deficiencies. This time frame shall be at least a 30 day notice or as determined by the Public s Works Director or his/her designee, to correct the specified deficiencies. ACCEPTABLE Q B. Should the contractor fail to correct any deficiencies within the stated time frame, the Public Works Director, or his/her designee, may exercise the following measures: 1. Deduct from the contractor'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. 12 Packet Pg. 170 RFQ F-14-38 Asphalt Pavino/ epair Services PRICE FORM REQUEST FOR QUOTES: RFQ F-14-38 DESCRIPTION OF RFQ: Asphalt Paving/Repair Services COMPANY NAME/ADDRESS: NPG Inc. Mailing: PO Box 1515, Per s, CA 925)? Physical: 1354 Jet Way,I/&rris, CA 9251 NAME OF AUTHORIZED REPRESENTATIVE Jeff S. Nelson, President _ N E 0 TELEPHONE NO. 951 940-0200 � a FAX N0. 951 940-91/2 c. PRICE FORM M M CONTRACTOR shall place lump sum prices in the "Unit Cost" column and the "Total Cost" columns. Unit Cost shall include all related costs. a. Estimated -� DESCRIPTION Unit Quantity Unit Cost Total Cost m Hand Patch Pothole Crew (4 tons per 1' day minimum) Ton 160 $ 350.00 56,000.00 E E 2"Cold Mill and AC Overlay usingV2" 2' minimum SF 50,000 $ 4.25 $ 212,500.00 tYo Asphalt Skin Patching— 1"AC Overlay Q 3' with 3/8"Fine Mix SF 5,000 $ 1 50 $ 7,500.00 4. 6"Asphalt Dike(curb) LF 400 $ 6.00 $ 2,400.00 5 Crack Repair Rubberized Material- LF 1,000 $ 2.00 $ 2,000.00 Routed Additional Traffic Control When Working 6. in Major Intersections Controlled by EA 5 $ 1,500.00 $7,500.00 Traffic Signals. (35 MPH or above) Total Annual Amount $ 287,900.00 LF=LINEAR FOOT SF=SQUARE FOOT AC=ASPHALT I4 Packet Pg. 171 RFQ 1'-14-33 Asphalt Paving/Repair Services ANNUAL PURCHASE ORDER Effective July 1, 2014 through June 30, 2015 plus three (3) one-year renewal options, for City's requirements. Option year one, if exercised, shall be effective July 1, 2015 through June 30, 2016. Option year two, if exercised, shall be effective July 1, 2016 through June 30, 2017. Option year three, if exercised, shall be effective July 1, 2017 through June 30, 2018. 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 that will be required by our firm in order to meet the requirements of the Proposal Specifications? Yes / No (circle one). If you answered "Yes", please provide detail of said additional costs: °; d Please indicate any elements of the Proposal Specifications that cannot be met by your a firm. N/A *' a a M Have you included in your proposal all informational items and forms as requested Yes M / No . (circle one). If you answered "No", please explain: d a m This offer shall remain firm for 120 days from RFQ close date. � E s Terms and conditions as set forth in this RFQ apply to this proposal. r Y a Cash discount allowable 1 % 10 days; unless otherwise stated, payment terms are: Net thirty(30) days. In signing this proposal, Offeror(s)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, please indicate all Addenda to this RFQ received by your firm, and the date said Addenda was/were received. 15 Packet Pg.172i 5 L.d RFQ P-14-33 Asphalt Paving/Repair Services Verification of Addenda Received Addenda No: N/A Received on: Addenda No: Received on: Addenda No: Received on: FIRM NAME: NPG, Inc. ADDRESS: Mailing: PO Box 1515, Perris, CA 92572 Physical: 1354 Jet Way, Perris, CA 92571 _ N d Phone: (951) 940-0200 nelson n as lt.com Email: ! @ pg p h, S Fax: (951) 940-9192 a r �v Authorized Signature: C Q Print Name: Jeff S. Nelso M Title: President U R IF SUBMITTING A "NO PROPOSAL", PLEASE STATE REASON (S) BELOW: a. m E t w Q 16 Packet Pg. 173, RFQ F-14-33 Asphalt['avin��Repair Services SUBCONTRACTOR'S LIST As required by California State Law, the General Contractor bidding will hereinafter state the subcontractor who will be the subcontractor on the job for each particular trade or subdivision of the work in an amount in excess of one-half of one percent of the General Contractor's total bid and will state the firm name and principal location of the mill, shop, or office of each. If a General Contractor fails to specify a subcontractor, or if he specifies more than one subcontractor for the same portion of work to be performed under the contract in excess of one-half of one percent, he agrees that he is fully qualified to perform that portion himself and that he shall perform that portion himself. DIVISION OF NAME OF FIRM OR LOCATION WORK OR CONTRACTOR CITY TRADE _ 2 N/A N rn n. a _ -- -- N t0 Y V Jeff S. Nelson, President li Print Name Signat r of Bid er u a� Company Name: NPG, Inc. E Address: Mailing:PO Box 1515, Perris, CA 72 Physical: 1354 Jet Way, Perris, CA 92571 Q C REJECTION OF BIDS The undersigned agrees that the City of San Bernardino reserves the right to reject any or all bids, and reserves the right to waive informalities in a bid or bids not affected by law, if to do seems to best serve the public interest. 17 Packet Pg. 174 S.L,ct RFQ F-14-38 Asphalt Paving/Repair Services NON - COLLUSION AFFIDAVIT TO: THE COMMON COUNCIL_, CITY OF SAN BERNARDINO In accordance with Title 23, United States Code, Section 112, the undersigned hereby states, under penalty of perjury: That he/she has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken action in restraint of free competitive bidding in connection with RFQ F-14-38. Business Name NPG, Inc. Business Address 1354 Jet Way, erri , CA 92571 N rn Signature of bidder X ff S. N /son, resident a Perris, CA a Place of Residence a M M !LI Subscribed and sworn before me this 04 day of June —, 20 14. d Notary Public in and for the County of Riverside , State of California. a My commission expires: , 20 m r c m E 18 Packet Pg. 175 Jurat State of California County of Riverside ss N d Subscribed and sworn to (or affirmed) before me on this 04 day of `J040"✓ 70 14, by z Uav Month Year d N Jeff S. Nelson , proved a to me on the basis of satisfactory evidence to be the person ) who appeared before Inc. N Q WITNESS my hand and official seal. „,,. MONICA GALVAN-RAMIRE2 9 a Commission# 1919170 a a"� Notary Public California z Riverside County d My Cornet, Expires Jan 23.2015 J v 0. Nal� ublk•\iglrrllur,•.—[Wihled CinA—.Rareire' This area isfor gWciul Voleiry Seal � • m C G1 t V !0 For. �� CL% Packet,Pg. 176 State Of California N CONTRACTORS STATE LICENSE BOARD '~i d Consumer ACTIVE LICENSE i ARairs � Ky,.xro 664779 N CORP rn ...�.. NPG INC c� a C 12 B A a N Q 02/28/2015 www cstb.ca.gov rznr. M M r+ d - Y V a o r • c m E Q Packet Pg.177 t i I KEEP FOR YOUR RECORDS CITY OF SAN BERNARDINO BUSINESS REGISTRATION CERTIFICATE CCOUNT This Business Registration Certificate does not indicate the legal operation of this business at this location. Other approvals by other City ACCT NO, departments,such"Development services may be required This Certificate is issued without verification that the certificate is subject to or 925574 MV1 BER exempt from licensing by the Slate ofCalifomia. DATE PAID 925574 BN W& The Business Owner 4 responsible for timely renewal, Not receiving a renewal notice for any reason does not relieve O7/I6/2013 responsibility for timely payrnent. If not paid within 10 days of the expiration date shown,a 50%penalty will be inytoscd. BUSINESS CLASS: GENERAL ENGINEERING 545A 9fh Rt 0 EXPIRATION DATE SB1 1TEPAID NOTES: r-�r•. .:$•. 5/31/2014 7/16/2013 BUSINESS LOCATION: 7° 1354 JET WAY +'ER,FIRM OR JEFF S NELSON RPORATION .-w +a�, l�L ��1 (NESS NAME NPG INC BALANCE 50.00 7TE•NT2ON !�Dr;�ly•o ING ADDRESS PO BOX 1 515 Geagecann "Gigi"Hann a PERRIS, CA, 92572-1515 rn CITY CLERK A r a s v � to CITY OF SAN BERNARD111"10 m N rn c c+3 a r s CL N M M CD Cl) w d Y V t0 (L m r C d E t V .r Q Packet Pg.178. ALCO,#?[�• DATE tau+roor op I CERTIFICATE OF LIABILITY( INSURANCE 01109/ 14 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES 140T AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED 13Y THE POLICIES 9ELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED tEPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. INVtPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the poticy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to tfie terms and conditions of file policy, certain policies may require an endorsement. A statement on tills certificate does not confer rights to the certificate holder in Ilea of sLICII endorsement(s). PRODUCER CONTACT Crosby Insurance, Inc PHONE FAX 8781 E. Kaiser Blvd (Arc_t10 Exg;_ JNC_Nol:—_-,.,_,._ Anaheim Hills, CA 82808 -C& __.'° — John Sheffield ADDRESS: _.�-.--.---_.._.........._._ _CU _OF.i,FR PG CO-.L.._...___.................____.__ .__....,.___.................._......_....._.. _.__....._..__..._._.. MSURER(S)AFFORDING COVERAGE NAIL 9 tNSURF•D Inc.,aka: Nelson Paving INSURER A:iron shore Specialty __ Products fns Co_ ___ &Grading, Goldstar Asphalt wsURERB:General Ins Co of America J � — _._..._—......---..._. ------.,.__....__._._ — P.O.Box 1515 INSURER C:LiberN Ins Underwriters Perris,CA 92572 uasURER D:Colnpanlon PI•op-&Cas Ins Co INSURER E: _- INSURER F; COVERAGES CERTIFICATE NUMBER: REVISION NUMBER; TId1S IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVC BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS rn CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, v EXCLUSIONS AND CONDITIONS OF SUCH POLICIES-LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. •2 I T: ___ __ __._ _—.. "ADDL'"SUB --'- — --__ 13otTCYi LTR- Tl'PEOFINSURANCE L1 3R WY• POLICY NUMBER Idr1I04 MMIDOW �_ LIMITS d GENERAL LIABILITY �_••_ Cl) EAC r:x uFCErn_E 1 1,000,00 >� T• x�r A X +IeE:<rtAL'bl;eI RAL LIA$IU1'Y AG50058700 it/15/2013 11!15!2014 FTDIIISGS Eaecu 'arcs o 50,000 c_ — :LAltas-afcas x or r —_..__ ay �_ --1 F1;i!iE P(Angcnapv}:an) 3 5,000 _ _. (error LR,:•cvlN,IiIr�Y $ 1,000,00 +r GENERAL A•1hREGATI ... L r;5*r'11':T, p 2,000 00 CL +@.Nl:l•3i•RrgATii LIMIT v+�LIE::i f•'F!%' r.,, FApi�.P,!V'S�; i � y Pca,t•Y X F r•T �10C _—L _ t; � Q - AUTOMOBILE LIABILITY C'A'11:INEOSIIgGLELIMIT •• M y t�. 7c.)�g2rt) 4 M A AJ,'r 24-CC•20075,1-90 11/15/2013 11115!2014 — -- ---- cp t'-- ` E:i:Y'ilL 1'IN-•fiJ}-•-i'tl'Sl DE.Srr+i _ _.___ ALL GL A{Jfl;N'iEDAlrTrJ$ •�. < IQGtA.tiDr47G_ EtrtL'YIp1A.RYirzcsccl erd+ } _ 1 f.LFrRTY G�1L^.ref. 1 D X I+INEDAJ1T05 (PffkACC1004r! V a UM13RCLLALIAS oixu' G ..,.. tARENCIs a _10,000 00 m _ EACH CCb x EXCESSLIAfi CLAtrl$-INDE A.-GRECATE --- { — 10,00000 C G - 100062437204 11115/2013 11/15/2074 - --'- ra DEL_UCT161,E $— E WORKERS COMPENSATION W,.yTAT11- (i-'1'If t4 AND E1dPLOYERS LIABILITY x Tr&r IfeT3 _�I y YIN D MYPROP RiE T,'RPARTtur'tt_Xt__uily: VVGCCWC000002502 01/01/2014 01/0412015 EL EACHAr CIt)ENT # ^1,000,00 Q CtflclrhFr.EYiE/t.LIi.LD? �V J NIA -- '- (Mandatory In.1;iN) ❑- Ugli;.rlyscnc8 unddr E L.D15�:�sE._E.A[,���LpY.0•b 1_,000,00 DES':RI:TIOi'I OF WER410I•01'UelO,,v Fl. DISF,�£- Pc+.k-'!uu'r s 1,000,00 B. EQUIPMENT RENTED 24•CC•10652•9 11/15!2073 (1!4512014 Limit 500,00 FROM OTHERS 1,000 DESCRIPTION OF OPERATIONS(LOCATIONS I VERICLES `Atiacll ACORR 101,Additional Remarks Schedute,If more space Is required) *If cancelled for non-payment: of premium, only 10 days notice will be given. CERTIFICATE HOLDER CANCELLATION FORINFO SHOULD ANY.OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Far lriforrnation Purposes Only THE EXPIRATION DATE THEREOF,. NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. -specific certificates can be Issued upon regUest- AUTHORIZED REPRESENTATIVE ©1988-2009'ACORD CORPORATION. All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD Packet Pg.179 5.L.tl NPG Inc. Exhibit ""A "- )51) 940-0200 Phone P.O. Box 1515* Perris, Ca. 925: (951)940-9192 Fax 1354 Jet Way * Perris, Ca. 9257 www.npgasphalt.com REFERENCES Hunt Building Company,LTD Contact: Tim Frasier 100 Wonsan Drive CAMP PENDLETON-HOUSING Oceanside,California 92054 $4 Million in projects Phone: 760-385-4535 ext 306 City of Perris Contact:Daryl Hartwill 135 North"D"Street CITY MAINTENACE&EMERGENCY SERVICES Perris,California 92570-1998 $4 Million in projects Phone: 951-943-5003 ext 285 .Z m Rancho California Water Contact:Tim Carlisle N rn PO Box 9017 ASPHALT MAINTENANCE&EMERGENCY SERVICES .__ Temecula,CA 92589 $4 Million in projects Phone:(951)453-9930 a r Temecula Valley USD Contact:Donald Fails a 40516 Roripaugh Road ASPHALT&CONCRETE REPAIRS Q Temecula,CA 92591 $4 Million in projects Phone: (951)757-4170 to M County of San Bernardino Contact:Levi Oveson 385 North Arrowhead Ave,3"Floor ASPHALT&CONCRETE REPAIRS � San Bernardino,CA 92415 $4 Million in projects Phone: (909)838-9128 m City of Moreno Valley Contact: Tony Hetherman 14075 Fredrick Street ADA UPGRADES&ASPHALT MAINTENANCE Moreno Valley,CA 92553 $4 Million in projects = Phone: (951)413-3163 r a Packet Pq'A 80 f All American Asphalt Engineering - Contractors - Asphalt Paving 400 a 611'Street,PO Box 2229,Corona,California 92878-2229 Telephone: (951)736-7600 Fax: (951)736-7646 January 14,2015 N m City of San Bernardino Public Works Department 300 North"D"Street to San Bernardino,CA 92418-0001 0) E CL Attention: John Van Havermaat = R Reference: Asphalt Paving/Repair Services N RFQ F-14-38 Q M Subject: Relief of Bid L) M w R Gentlemen: CL Q Pursuant to State Code 5103,All American Asphalt is hereby requesting to be relieved of the above referenced bid,which was bid on June 4,2014 at 3:00 PM. i d We inadvertently interpreted the summary of work to be completed in a timely manner,whereas in Q actuality the work will be composed of multiple mobilizations.Specifically Bid Item No.2-2".Cold Mill and AC Overlay using t/z"minimum,which after meeting with the City,it appears there have been multiple a locations marked in the field.The areas marked could easily be interpreted as Asphalt Skin Patching and c paid for under Bid Item No.3-Asphalt Skin Patching- 1"AC Overlay with 3/8"Fine Mix. L d r In addition,the City has asked All American Asphalt to revise Bid Item No. 1 - hand Patch Pothole Crew m (4 tons per day rnininmm)to reflect 40 Days instead of the original bid quantity of 160 TN.From a J financial perspective,this is not beneficial to All American Asphalt. c a> In our request for"Relief of Bid",we have shown the following grounds for relief as follows: ❖ A mistake was made. Q s• The mistake made the bid materially different than we intended it to be. We respectfully request to be relieved of this Bid and request that our Bid Bond be returned. Should you have any questions,please call(951)736-7600. Sincerely, Cody Gawryluk Project Manager/Estimator Packet Pg. 181