HomeMy WebLinkAbout37-Public Services r ORIGINAL
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
From: Ken Fischer, Director Subject: A resolution ratifying the
execution of an agreement and
Dept: Public Services authorizing a purchase order to NPG,
Inc. to make emergency street repairs
Date: October 30, 2006 on Electric Avenue.
Meeting Date: November 6, 2006
Synopsis of Previous Council Action:
Recommended Motion:
Adopt Resolution
Sig re
Contact person: Ken Fischer, Director Phone: 5014
Supporting data attached: Staff Report, Ward 4
Agreement, Resolution
FUNDING REQUIREMENTS: Amount: $88,400.00
Source: FY 2006-07
Account No. 026-
369-5505-7306,
Pavement
Rejuvenation
Finance:
Council Notes:
Agenda Item No. �' 7
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Staff Report
Subject:
A resolution approving the agreement for and ratification of the emergency street
repairs completed on Electric Avenue in response to a local emergency declaration.
Background:
On the evening of October 13, 2006 a weather storm cell dropped 1 Y2 inches of rain in
15 minutes in the northern area of the City and continued to drop rain. This natural
phenomenon created a high volume of swift moving water, which resulted in localized
flooding and ultimately deposited mud and rock over a section of the City approximately
west of Waterman, north of 40th to the west City limits. The most significant damage to
public facilities was the undermining of approximately 80 feet of roadway surface on the
west side of Electric Avenue just north of Northpark Boulevard. The road damage
exposed an active waterline that serves homes in the area. Street repairs were
required to protect this line while completing the appropriate steps necessary to repave
the street.
A local emergency was declared to allow staff to act quickly to complete needed repairs.
Staff sought price quotes to complete the street repair on Electric. The three amounts
quoted were:
Vendor Location Cost
NPG, Inc. Perris $88,400.00
Guzman Construction San Bernardino $90,000.00
Matich Corporation San Bernardino $96,500.00
Staff awarded the work to NPG and they have completed all the necessary repairs.
Staff requests ratification of this action.
Financial Impact:
Funds for completion of this project were drawn from Capital Improvement Program
Budget SS-D Pavement Rejuvenation, Account No. 126-369-5505-7306.
Recommendation:
Adopt resolution.
I C (OPY
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO RATIFYING THE EXECUTION OF A VENDOR SERVICE
3 AGREEMENT AND ISSUANCE OF A PURCHASE ORDER TO NPG, INC. FOR
EMERGENCY REPAIR ON ELECTRIC AVENUE PURSUANT TO SECTION 3.04.075
4 OF THE MUNICIPAL CODE. r
5 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
6 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
7 SECTION 1. On the evening of October 13, 2006, a storm cell caused 1'/2
8 inches of rain to fall in a very short period of time causing a large volume of water to
9 flow over a section of the City, approximately West of Waterman Avenue, North of 40th
10 Street to the Western City Limits. Significant damage occurred along the West Side of
11
Electric Avenue exposing a waterline that serves homes in the area causing a
12
13 dangerous condition.
14 SECTION 2. Due to the emergency condition described above the Mayor and
15 Common Council of the City of San Bernardino hereby ratify the execution of a Vendor
16 Service Agreement and the issuance of a Purchase Order No. 908716 on October 24,
17 2006 to NPG_ Inc., in a not to exceed amount of $88,400.00 for the provision of all
18 labor, materials, and equipment necessary to complete approximately 3600 square
19
feet of emergency street repairs on Electric Avenue. The Mayor is hereby authorized
20
21 to execute the Vendor Services Agreement as authorized by Section 3.04.075 of the
22 Municipal Code.
23
24
25
26
27
28
\occmbcr 1,2006 j Ah
1
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO RATIFYING THE EXECUTION OF A VENDOR SERVICE
3 AGREEMENT AND ISSUANCE OF A PURCHASE ORDER TO NPG, INC. FOR
EMERGENCY REPAIR ON ELECTRIC AVENUE PURSUANT TO SECTION 3.04.075
4 OF THE MUNICIPAL CODE.
5 1 HEREBY CERTIFY that the foregoing resolution was duly adopted by the
6 Mayor and Common Council of the City of San Bernardino at a
7
meeting thereof, held on the day of 2006 by the
8
9 following vote, to wit:
10 Council Members: AYES NAYS ABSTAIN ABSENT
11
ESTRADA
12
BAXTER
13
14 VACANT
15 DERRY
16 KELLEY
17 JOHNSON
18 MCCAMMACK
19
20 Rachel G. Clark, City Clerk
21
22 The foregoing resolution is hereby approved this day of
2006.
23
24 Patrick J. Morris, Mayor
25 City of San Bernardino
Approved as to form:
26
I�
27
J h mes F. P nman, City Attorney
28
Nocembcr 1,2006 2
VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 23rd day of October
2006, by and between NPG Corporation ("VENDOR") and the City of San
Bernardino ("CITY" or"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; and
WHEREAS,the City of San Bernardino did solicit and accept proposals and bids from
a number of vendors for emergency asphalt paving repair.
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
For the remuneration stipulated, San Bernardino hereby engages the services of
VENDOR to provide those products and services as set forth in Bid Specifications Emergency
Asphalt Paving Repair, dated October l 7th, 2006, attached hereto and incorporated herein by
this reference.
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 $88,444.00 for completed emergency
asphalt paving repairs.
b. No other expenditures made by VENDOR shall be reimbursed by CITY,
3. TERM; SEVERABILITY.
The term of this Agreement shall be for a period of one month..
C:\Documents and Settings\kuettle_ra\My Documents\Agreement for NPG corp streets Emergency Repairs.doc;
October 23, 2006;KF:Id1
This Agreement may be terminated at any time by thirty (30) days written notice by
either party. The terms of this Agreement shall remain in force unless mutually amended. The
duration of this Agreement may be extended with the written consent of both parties.
4. INDEMNITY.
CITY agrees to indemnify and hold harmless VENDOR, its officers, agents and
volunteers from any and all claims, actions, or losses, damages and/or liability resulting from
CITY's negligent acts or omissions arising from the CITY's performance of its obligations
under the Agreement.
VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, and
volunteers from any and all claim, actions, or losses, damages and/or liability resulting from
VENDOR's negligent acts or omissions arising from the VENDOR's performance of its
obligations under the Agreement.
In the event the CITY and/or the VENDOR is found to be comparatively at fault for any
claim, action, loss, or damage which results from their respective obligations under the
Agreement, the CITY and/or VENDOR shall indemnify the other to the extent of this
comparative fault.
5. INSURANCE.
While not restricting or limiting the forgoing, 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
additional named insured in each policy of insurance provided hereunder. The Certificate of
CADocuments and Settingslkuettle_ra1My DocumentslAgreement for NPG Corp streets Emergency Repairs.doc;
October 23, 2006,KF:Idl
Insurance furnished to the CITY shall require the insurer to notify CITY of any change or
termination in the policy.
6. NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees,
VENDOR shall not discriminate on the basis of race, creed, color, religion, sex, physical
handicap, ethnic background or country of origin.
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
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 license, permits,
qualifications, insurance and approval of whatever nature that are legally required of VENDOR
to practice its business or profession.
9. NOTICES. t
Any notices to be given pursuant to this Agreement shall be deposited with the United
States Postal Service, postage prepaid and addressed as follows:
TO THE CITY: Public Services Department
300 North"D" Street
CADocuments and Settings\kuettle_ra\My Documents\Agreement for NPG corp streets Emergency Repairs.doc;
October 23, 2006;KF:Idl
.,. San Bernardino, CA 92418
Telephone: (909) 384-5140
TO THE VENDOR: NPG Corporation
P.O. Box 1515
Perris, CA 92572
10. ATTORNEYS' FEES
In the event that litigation is brought by any party in connection with this Agreement,
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. The costs, salary and expenses of the City Attorney and members of his
office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys'
fees for the purposes of this paragraph.
11. ASSIGNMENT.
VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or
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 void
and shall constitute a breach of this Agreement and cause for the termination of this
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.
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
C:\Documents and Settings\kuettle_ra\My Documents\Agreement for NPG Corp streets Emergency Repairs.doc;
October 23, 2006;KF:Idl
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 the
mandatory and not permissive in nature.
13. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
14. SUCCESSORS AND ASSIGNS.
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 onlv and shall not affect the construction or the interpretation of any of its
provisions.
16. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between the
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
executed by all parties to this Agreement.
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated: J(1),6_+ , 200 VENDOR. 1
By:
Its:
Dated , 200 CITY OF SAN BERNARDINO
I�
Bv:
C:\Documents and Settings\kuettle_ra\My Documents\Agreement for NPG Corp streets Emergency Repairs.doc;
October 23, 2006-,KF:Idl
Patrick J. Morris, Mayor
Approved as to Form:
JAMES F. PENMAN,
City Attorney
LCXA,By:� ,
James F. Penman, City Attorney
i
i
i
i
i
i
i
C:\Documents and Settings\kuettle_ra\My Documents\Agreement for NPG Corp streets Emergency Repairs.doc,
October 23, 2006,KF:Idl
a 7
CITY OF SAN BERNARDINO
�,�
OFFICE OF THE PURCE{ASING DIVISION No
SOU N. "D" ST. 908716
SAN BLRN,-.RDINO, CALIFORNIA 92418
10/24/06
l of 1 10/24/06
10/24/_0
DELI VE.R�
_NDOR NELSON PAVING & SEALING (ST-2 ) PUBLIC SERVICES/STREET
NPG INC ASPHALT SERVICES 234 S MT VIEW AV
P O BOX 1515 SAN BERNARDINO CA 92:08
620830 PERRIS CA 92572
- 1280a NET 30 DESTINATION
+.MELTS -- - -- —
`- .
�A ?
1 588 , 444 . 0000 88, 4
x
wj orz s�t �itta erials ; ar
4) Back-f '"�.;
compact up to 3 , 600 sq, fy," of raadtaay
and up to 2 , 400 sq. ft . of parkway.
5) Grade and compact
area 95s or better. Area to be
ready for 6" of aggregate base.
6) Fern-sn <and place 300
ln.ft . of Type A concie,te �zb 8" per
Green Book specifications ,
7) , Furnish abd place 4 " of
asphalt state mix in 2 lifts .
8) Back-fill behind concrete
curb. 9) Shade waterline w/ 1 ft .
sand. 10) All
manpower,materials, traffic control,
and proper USA calls are part of
this project . ,
� F Memo Accounting Information Only
General Ledger Account Number Distribution
126-369-5504-5085 � a$8 x444 4p,
d +SF
SUBJECT TO TEkVS 6 CONDITIONS STATED ON REVERSE 88, 444 . 00
0 . 00
I
PC HA>!''G OFFICIAL
• CO)\TRACT# '°i2a 019"
1354 JET WAY
PH. (,60)
3:0.9600 De.ert Division a P.O,QOX 1515
PH. (95i)940-r-00 ^ FERRIS,CA 92572
FAX(951)940.9192 N PM INC. Coot.Lm b664-9
ASPI41J SERVICES
ESTIMATE/PROPOSAL QUALITY weNandfeAlrPlras&ofArphalf
b!NCE tp85
DATE:October 20,2006
ES7TMATE TO{Client)
City o`San Bernardino PROJECT.Asphalt Work
300 North"D"Street 4"Flora
San BeTriudito,C•alifcm..92418 LOCAT r:Electric Ave.Emergency Repairs
Attentlnn:Randy Kucule
Telephone:909-'64-5045,,951-377-4832 Fax:909-384-5059 Fetimfttor:.leffNeson
NErUSOi rig A%lr.% y&-rSe Alerlspeclflcdn 9ublotta at'. lcrtns and Cont ftiocs b baingRSt fft�h to onlreverx rig of a.umYC,ateriel,labor end
ASPRAL T R OM
1. Soµedge litre of asphalt 12 P.from existing edge to centerline.
2. Remove ell asphalt in washed out area,edge!,etc_up to 3,600 sq.;
3. Balance grade with on aix materials(-or-)2 ft.
4. Back,-rill and com;nct up to 3,600 sq ft.of roadway end up to 2,400 sq,ft of Fart:way. All fill matecd>to be supp''cd by City
within one mile of lob htiation.
'Noce:NPG Corporationµill load and deliver mace-.ials
4. Grade and compact arcs w 95°•'0 or better. Arca to be ready for 6'of agg-.�-ga:c base %
6. Furnish and place W)!n g of"type A concrete curb 8"per Greer.Book Sio c flcatf ors,
Furnish and place 4"of asphalt state mix it:lifts.
8. Back-tat behind concrete cub.
9. Shade wa:vrline with i ft.sand,
'Note:NPG will Ind and deliver ajl,imr-•rted rnsuriab within one mite of Job.
*Note:Sand placed over pipe will.be billed at T&M.rst:s tf n:eded
•Nate:Any sq.fi.over 3,6100 sq.9 to be bi:'ed at T&h1 rwes.
Total Aspkalr Work:
NOTIM: This bid is tGSQd UPOr,
current material cosl. Due 20 thf
shortags Of matoriais.any G-ic,ea`'OG
to NPG wili be made part of t 1is
contract and owner shat:pay;'1Cr0,P,qeS-
SPECJAL Co.Nnlll
NPG Corporation worranties ail materials and workatanshiy for a period orort yew from date of irsralladon
Progress billings upon completion or work comptettd,P.ymcnt in Nil Upon csrrplction of cortrut wnrk,No rct:ntion m be held
Start Da a tki be nego:iated upon signing of cnntract.
t;pon tcccplcnce of proposi.preliminary infortmcon mt:st be proVidcd.
is>mer,:sched•t:e to be discaseed ra thre of slgn:ng contrut. Tbit bid is based Lipari 0na nave-in. Cost of addit+unlit moves will be negn,tied as they
tt.y* Terms of C'icnt purchase urdars,n:bca rots ord;nr creCit epptocrJs mrs;crmp:y with all NPCwork LLra G Cerporat onain Y mangy
it c'ierts terms do not comply:arnica(..will be cancelled.Certficatc of Insurance will only comply to
Exc'wie�en?in:anA,3ralchg.snit testing pertr t3.ufnseruction water,handling and dispossl of bjried or hamrdous ra'ericls,handling and disposal
of rocks,;anpval 7 xhxratwn of vtllitks a trngatlon,rcplacc"t"t of landscmir-g.backfilt of curbs.ic•tpert o*export,hens owT,crs rrx'"'on,
eroctin control,en1 dust Centrni,unless not:d in bid.A"costa as.oeisted with L4e irrWementetion and naia:enancc of the"storm w'atcr Pollution
Prcvanr,on Flar."•alit be lilicd cr,a tirnt.ariC material btsis phs 2we overdid,d required. .AJI:os•s end rspontibilitics for irrpternenting and
ma'nrcining a F-:44tive Dust"?M iD'rritigation rlan and/or XT.D.E.S.-ty others.ill a ms will be billed at unit cis:or corarar.amcunt whichc,•er
i5 greeter.Excludes preveiline waFr.
ESTL ATfiD BASE DID:...........li h Et ht Thousand Fehr Hundred For Fowr Dollars and�Oi1QU... _......$RB i44-(!0
NOTICE: Tt o forega•nP does not constitute en.offer,unit-15 the formtiP epax :carppearing on tae g is d1e side hereof it she,!be full.he3
authorized representative of contTactm see a o paragraph 2 O t'he-erersc h ttr-i. If rocapt g*adi g is
Ito usµtibia one-tenth:cat.p1.1s Or minus,o'fi^ishcd s_b grde elVerdor,(see a SO parhagraPh 6�ec the c�� °rant
�-.1xr-„l^ n r ' an the ret•�r cidrs rctir-stsY itA1'S - - ----
Electric Avenue Emergency Repairs
1. Saw edge line of asphalt 12 ft. from existing edge to center line.
2. Remove all asphalt in washed out area, edges, etc. up to 3,600 sq. ft.
3. Balance grade with on-site materials (+ or-) 2 ft.
4. Back-fill and compact up to 3,600 sq. ft. of roadway and'up to 2,400
sq. ft. of parkway.
5. Grade and compact area to 95% or better. Area to be ready for 6" of
aggregate base.
6. Furnish and place 300 In. ft. Of Type A concrete curb 8" per Green
Book specifications.
7. Furnish and place 4"of asphalt state mix in 2 lifts.
8. Back-fill behind concrete curb.
9. Shade waterline with 1 ft. sand.
10. All manpower, materials, equipment, traffic control, and proper
U.S.A. calls are part of the project.
1 � o
GUZMAN
MBE ALM CONSTRUCTION COO CA Lic. #724664 Class A
PROPOSAL
October 17, 2006
City of San Bernardino
Public Services Department
300 N. "D" Street
San Bernardino, Ca 92418
RE: Electric and 52"d Street Repairs
GUZMAN CONSTRUCTION COMPANY HEREIN PROPOSES THE FOLLOWING:
For the repair and repaving of approximately 280 Ft X 10 FT 4 —inches deep area of AC.
We will perform work per items No. 1-10 on Fax sent to us by Randy on 10-18-06. Place
sand on top of waterline and fill with base, compact, place Type A Curb, Traffic Control,
Equipment, Material and Labor are included in this cost. Please note this cost does not
include any pouring for sidewalk and we are not responsible for any damage to waterline
due to the shallowness of line (3ft) per City's requirements on compaction percentage, we
may possibly have 95% on top but not too close to waterline.
TOTAL LUMP SUM COST (No Sidewalk): 590,000.00
Should you have any questions feel free to contact me at (909) 890-9975.
Thank You,
Ralph Guzman
Owner, Guzman Construction Company
1264 South Waterman Ave., Suite 3 • San Bernardino, CA 92408
Phone: (909) 890-9975 • Fax: (909) 890-9965
e-mail: quzmanconstcol @aol.com
. :11r1–lO–LUUV WCL' VC :Ji ru iraYicu L�Y ,waY ,6 . .,,, � -�� _
CH
RPORAT1014
Contractors License Number 149783 A Bid Date: 10-16-06
P.O. Box 60,000 San Bernardino,CA 92412
909 382-7400 Fax 909 3e2-0113
Phone# 909 3B4-5045
Company: CITY OF SAN BERNARDINO Fax# 909 384-5059
Attention. RANDY KUETTLE
Re: ELECTRIC AVE EMERGENCY REPAIRS
From: GENE gOISYERT _-----___ T TOTAL
DESCRIPTION —i GIUANTITY i UNIT - ; UNIT PRICE Ii
(—REM NO. l — _..___-�---- — _�---- ---t------- _ ,--�
NO. ;_-------- 300 LF —=------..—---
1 SAWCUT AC --------- -r----- ,_ LS 1
2 REMOVALS _- —_
--------- 8 400 S
-_- F —�.—_---
3 ?BALANCE§U—BGRADE -
- 4 NISH
---- 220 TON - -- ---—
�- CLASS If AGGREGATE BASE — — -,----
g 18_CURB --------— -----------------90. TON I—.-- t----------—�
-
7— .__ASPHALT CONCRETE_ ---- —� — 300 LF_
B SHADE WATERLINE 1 SAND ---'-----
._9—t----- - ----- I- — — 1 I-- LS 896,500.00 —S96,500.00
MOBILIZATION_/OVERHEAD - l;— —�--— ---- .l
---- I TOTAL--'I
J
iCbR ITIONS 6 EXCLl1StONS:This proposal is good for 30 days.
This proposal will be part of any agreement between the two parties.
If this work is not performed by December 31, 2006,this proposal is subject to a price adjustment.
Payment will be the 10th of the month following the work, no retention will be withheld.
Excludes engineering, staking, testing, permits, inspection fees, and bord.
This proposal does not include SWPPP requirements or dust control.
Excludas hazardous material removal/disposal.
Matich is not responsible for damage to underground utilities.
This does not include adjusting manholes or valves to grade.
This proposal does not include providing weedkiller.
This proposal does not Include prime coat, fog seal, redwood headers or pavement markings.
This proposal is based on being paid by the ton delivered to the job3ite on your grade.
This proposal is based on unit prices.
The quantities are estimated only, and payment will be by actual quantity.
This proposal 's bid as a package,
This proposal is based on one move in, additional move ins will be billed at 83,500.00.
This proposal does not include the cost of construction water.
This propossl does not include cleaning or sweeping.
This proposal does not include the cost of bonds.
Privacy Notre: This message is intended only for the use of the Individual or entity to which it is addressed to and may contain
in+crmatkm that is privileged, confidertial or exempt from disclosure undar appilcable Federal or State law. If reader
of tns message's not the intended recipient you are hereby notif'ed that dissemination,distribution or copying of this
corn rrunicaVon is strictly prohibited. if you have received this common? tio^in error,please not+fy us Im^redietely.