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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Ken Fischer, Director
Subject: Resolution authorizing the City
Manager to execute Amendment No. 1
to Vendor Services Agreement and
increase Purchase Order Number
300614 in the amount of $50,000.00
with Nelson Pavement and Grading
Corporation (NPG) for additional
miscellaneous street repairs throughout
the City of San Bernardino.
Dept: Public Services
Date: April 12, 2007
Meeting Date: May 7,2007
Synopsis of Previous Council Action:
December 4,2006 - Resolution No. 2006-431- Council authorized execution of an
Agreement with NPG in the amount of $207,435.00
Recommended Motion:
1) Adopt Resolution
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Signature
Contact person: Ken Fischer, Director
Supporting data attached:
Staff Report, Resolution,
Vendor Service Agreement
Phone:
Ward:
5140
All
FUNDING REQUIREMENTS:
$ 50,000.00
FY 06-07
Account Number 126-369-
5504-7362
Construction Residential
Street Repair
Amount:
Source:
Finance:
Council Notes:
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subject:
Resolution authorizing the City Manager to execute Amendment No. 1 to Vendor
Services Agreement and increase Purchase Order Number 300614 with Nelson
Pavement and Grading Corporation (NPG) in the amount of $50,000.00, pursuant to
Municipal Code Section 3.04.010B.3, for additional miscellaneous street repairs
throughout the City of San Bernardino.
Background: .
A formal process was initiated to solicit bids for repairs of damaged asphalt and asphalt
berms. Notices inviting bids for Bid Specification RFQ F-07-14 Asphalt Paving Repair
were sent to ten (10) contractors. On December 4,2006, the Mayor and City Council
awarded a contract and purchase order in the amount of $207,435.00 to NPG
Corporation to repair miscellaneous streets throughout the City of San Bernardino.
The Public Services Department, Street Division has identified $50,000.00 in funds to
commit to street repairs. The Department is requesting an increase to Purchase Order
Number 300614 in the amount of $50,000.00 to NPG. This will allow additional street
maintenance repairs for the remainder of FY 06-07.
Financial Impact:
Funding for this increase is contained in Account Number 126-369-5504-7362
Construction Residential Street Repair in the amount of $50,000.00.
Recommendation:
Adopt resolution.
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE
AMENDMENT NO.1 TO THE VENDOR SERVICES AGREEMENT AND INCREASE
PURCHASE ORDER NUMBER 300614 WITH NELSON PAVEMENT AND GRADING
CORPORATION (NPG) IN THE AMOUNT OF $50,000.00, PURSUANT TO
MUNICIPAL CODE SECTION 3.04.010B.3, FOR ADDITIONAL MISCELLANEOUS
STREET REPAIRS THROUGHOUT THE CITY OF SAN BERNARDINO.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The City Manager of the City of San Bernardino is hereby authorized to
execute on behalf of said City Amendment NO.1 to the Vendor Services Agreement
between the City of San Bernardino and Nelson Pavement and Grading (NPG), a copy
of which is attached hereto, marked as Exhibit "A", and incorporated herein by this
reference as fully as though set forth at length.
SECTION 2. This purchase is exempt from the formal contract procedures of
Section 3.04.010 of the Municipal Code, pursuant to Section 3.04.010.83 of said Code
"Purchases approved by the Mayor and Common Council."
SECTION 3. That NPG previously submitted the lowest bid for contract
services utilized by the Public Services Department, Street Division for miscellaneous
street repairs in the amount of $207,435.00, and that NPG was awarded a Vendor
Service Agreement and a Purchase Order in the amount of $207,435 on December 4,
2006;
SECTION 4. That the Purchasing Manager is authorized to increase Purchase
Order Number 30016 in the amount of $50,000.00. The Purchase Order shall
reference this Resolution No. 2007-
and shall read, "NPG for additional
miscellaneous street repairs. Increase to Purchase Order in the amount of
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE
AMENDMENT NO.1 TO THE VENDOR SERVICES AGREEMENT AND INCREASE
PURCHASE ORDER NUMBER 300614 WITH NELSON PAVEMENT AND GRADING
CORPORATION (NPG) IN THE AMOUNT OF $50,000.00, PURSUANT TO
MUNICIPAL CODE SECTION 3.04.010B.3, FOR ADDITIONAL MISCELLANEOUS
STREET REPAIRS THROUGHOUT THE CITY OF SAN BERNARDINO.
$50,000.00; total Purchase Order not-to-exceed $ 257,435.00," and shall
incorporate the terms and conditions of Amendment No. 1 to the Vendor Services
Agreement.
SECTION 5. The authorization to execute the above referenced Amendment
No.1 to the Vendor Services Agreement is rescinded if it is not executed within sixty
(60) days of the passage of this resolution.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE
AMENDMENT NO.1 TO THE VENDOR SERVICES AGREEMENT AND INCREASE
PURCHASE ORDER NUMBER 300614 WITH NELSON PAVEMENT AND GRADING
CORPORATION (NPG) IN THE AMOUNT OF $50,000.00, PURSUANT TO
MUNICIPAL CODE SECTION 3.04.010B.3, FOR ADDITIONAL MISCELLANEOUS
STREET REPAIRS THROUGHOUT THE CITY OF SAN BERNARDINO.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
Mayor and Common Council of the City of San Bernardino at a
, 2007, by the
day of
meeting thereof, held on the
following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
BAXTER
BRINKER
DERRY
KELLEY
JOHNSON
MCCAMMACK
Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this
,2007.
day of
Patrick J. Morris, Mayor
City of San Bernardino
:;7J;;LiI ~;J
JAMES F. PENMAN
City Attorney
EXHIBIT A
AMENDMENT NO.1 TO VENDOR SERVICES AGREEMENT
This Agreement is entered into this _ day of ,2007, by
and between Nelson Paving and Grading (NPG) ("VENDOR") and the City of
San Bernardino ("CITY" or "San Bernardino").
RECITALS
A. On December 4, 2006, (NPG) and the City of San Bernardino entered into a
Vendor Services Agreement for additional miscellaneous repairs throughout the
City of San Bernardino for a not-to-exceed amount of$207,435.00 copy of which
is attached hereto as "Attachment 1" and incorporated by this reference.
B. The CITY and VENDOR now desire to alter the Agreement to increase the
amount of the Agreement by $50,000 for a total not-to-exceed purchase price of
$257,435.00.
AGREEMENT
In consideration of the mutual promises contained in the Vendor Services
Agreement, the parties agree as follows:
The total Agreement price shall be increased by $50,000, to a not-to-exceed
amount of$257,435.00.
The other provisions of the written contract are reaffirmed as originally stated.
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EXHIBIT A
IN WITNESS THEREOF, the parties hereto have executed the Agreement on the day
and date first above written.
Dated:
NELSON PAVEMENT & GRADING
,2007
By:
Dated:
CITY OF SAN BERNARDINO
,2007
By: Fred Wilson, City Manager
ATTEST:
Rachel Clark, City Clerk
Approved as to form:
James F. Penman
City Attorney
By:
AMENDMENT NO.1 TO VENDOR SERVICES AGREEMENT
This Agreement is entered into this _ day of ,2007, by
and between Nelson Paving and Grading (NPG) ("VENDOR") and the City of
San Bernardino ("CITY" or "San Bernardino").
RECITALS
A. On December 4, 2006, (NPG) and the City of San Bernardino entered into a
Vendor Services Agreement for additional miscellaneous repairs throughout the
City of San Bernardino for a not-to-exceed amount of$207,435.00 copy of which
is attached hereto as "Attachment I" and incorporated by this reference.
B. The CITY and VENDOR now desire to alter the Agreement to increase the
amount of the Agreement by $50,000 for a total not-to-exceed purchase price of
$257,435.00.
AGREEMENT
In consideration of the mutual promises contained in the Vendor Services
Agreement, the parties agree as follows:
The total Agreement price shall be increased by $50,000, to a not-to-exceed
amount of $257,435.00.
The other provisions of the written contract are reaffirmed as originally stated.
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IN WITNESS THEREOF, the parties hereto have executed the Agreement on the day
and date first above written.
Dated:
,2007
Dated:
,2007
ATTEST:
Rachel Clark, City Clerk
Approved as to form:
James F. Penman
City Attorney
By: ~;L (J/(ih~vJJ
NELSON PAVEMENT & GRADING
By:
CITY OF SAN BERNARDINO
By: Fred Wilson, City Manager
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ATTACHMENT No. 1
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VENDOR SERVICE AGREEMENT
Tbis Vendor Service Agreement is entered into this 6th day of November
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 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 Nq. RFQ'F-
07-14 Asphalt Paving R~pair, dated August 8, 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 $207,435.00 for completed 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 year.
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This Agreement may be tenninated 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 Ility
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.
s. 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
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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 busine-ss 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.
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9.
NOTICES.
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 Director
300 North "D" Street
San Bernardino, CA 92418
Telephone: (909) 384-5140
TO THE VENDOR:
NPG Corporation
1354 Jet Way
Perris, CA 92571
Telephone: (951) 940-0200
10.
ATTORNEYS' FEES
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office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys'
fees" for the purposes of this paragraph.
20 11. ASSIGNMENT.
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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 AgreerneJlt and cause for the termination of this
Agre.ernent. Regardless of CITY's consent, no subletting or assignment shall release VENDOR
of VENDOR's obligation to perfonn all other obligations to be perfonned by VENDOR
hereunder for the term of this Agreement.
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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
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 fpr the purposes of
convenience only and shalf not affect the clinstruction 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 agreemmts 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.
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IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated: / q//R' , 2006
:~N~Jh/~
Its:' ~-4/ 'ZJt;..N~. . .
CITY OF SAN BERNARDINO
.2006
By:
Patrick J. Morris, Mayor
Approved as to Form:
JAMES F. PENMAN,
City Attorney