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HomeMy WebLinkAbout22-Parks and Recreation c c c CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Kevin Hawkins, Director Subject: RESOLUTION AUTHORIZING AN INCREASE IN THE AMOUNT OF $417,334 TO THE PURCHASE ORDER TO NELSON PAVING AND GRADING CORPORA nON (NPG), AND EXECUTION OF A VENDOR SERVICES AGREEMENT FOR PAVING REPAIRS TO PARKING LOTS AT CITY PARKS. M/CC Meeting Date: January 22, 2008 Dept: Parks, Recreation & Community Services Dept. Date: December 17,2007 Synopsis of Previous Council Action: CIP Projects PR04-08, PR04-17, PR07-07, and PR08-05 were approved by Council. December 4, 2006 - Resolution No. 2006-431 awarding contract to Nelson Paving and Grading, with two one-year extensions. July 2,2007 - Resolution No. 2007-229, executing first year option of contract with Nelson Paving and Grading. Recommended Motion: 1) That the Director of Finance be authorized to amend the FY 200712008 Budget by transferring $33,000 from account no. 243-363-5504-7753 (Parking Lot Resurfacing - Blair, Littlefield/Shultis, Perris Hill and Wildwood) to account no. 243-363-5504-7444 (Resurface Parking Lots - Meadowbrook, Nicholson, Anne Shirrell's, Encanto and Speicher Parks); and, transferring $44,000 from account no. 243-363-5504-7266 (Nunez Parking Lot Resu5cing) to ac unt no. 243- 363-5504-7723 (Highland Little League - Res rfac~Parkin Lo ,and 2) Adopt Resolution. /1 Signature Contact person: Ramon Mata Phone: 5031 Supporting data attached: yes Wards:1.2.4.5.6&7 FUNDING REQUIREMENTS: Amount: $417,334 Source: (Acct. No.) 243-363-5504-7266 PR 04-08 $ 47,245 243-363-5504-7444 PR 04-17 $132,154 243-363-5504-7723 PR 07-07 $103,393 243-363-5504-7753 PR 08-05 $134,542 (Acct. Description) Park Construction Fund. Finance: Council Notes: t:?-t>pIW~PA-I- p~ Agenda Item No. :;)-;} 1-:7t7~'? C 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 an increase in the amount of $417,334 to the purchase order to Nelson Paving and Grading Corporation (NPG), and authorizing the City Manager to execute a Vendor Service Agreement with NPG for paving repairs to parking lots at City parks. Background: The parking lots at City parks locations have deteriorated over the years due to heavy use and years of deferred maintenance resulting from the lack of a preventive maintenance program. In response to Council concerns, and in an effort to maximize resources, the Parks, Recreation and Community Services Department and the Public Services Department have identified and expedited the fottowing capital improvement projects: PR04-08, PR04-17, PR07-07 and PR8-0S. c The pavement rehabilitation strategy described below witt be employed at the three parking lots with the greatest amount of deterioration. Parking lots with less severe deterioration witt receive a slurry seal application to the parking lot surface. Additionally, the parking spaces witt be striped. During the review process, it was noted that there was a need to add a ramp at Speicher Park to achieve ADA compliance at that location; that upgrade is included in this project. The condition of the parking lots at Highland Little League Park, Meadowbrook Park and Nicholson Park requires the more extensive overlay process, which includes grinding the edges of the asphalt; cleaning existing asphalt paving; placement of ground sterilizer; cleaning of cracks with high pressure blowers, treating cracks with ground sterilizer; filling cracks with hot rubberized crack fitter material; and placement of 1"-1 y," of asphalt material. The fottowing City parks witt be slurry sealed and striped: Anne Shirrett's, Blair, Encanto, Littlefield/Shultis, Nicholson, Nunez, Perris Hill, Speicher and Wildwood. The slurry se8J. process involves cleaning the existing asphalt paving as needed with high pressure blowers; cleaning and treating cracks with ground sterilizer; filling cracks with hot rubberized crack fitter; treating oil spots with oil sealer; placing two coats of slurry seal material over existing asphalt paving area; and, restriping the asphalt paving. In order to expedite this project, the Public Services Department contacted both contractors that the Department currently has purchase orders with. Matich indicated that they are not set up to do parking lot work; Nelson Paving and Grading said that they are equipped to handle the project. c Resolution No. 2006-431 was adopted at the December 4, 200S, Council meeting authorizing execution of an Agreement with two one-year extensions and a purchase order to Nelson Paving and Grading Corporation for miscettaneous street repairs in the amount of $207,435. On July 2, C 2007, the first year option was exercised by Council's adoption of Resolution 2007-229, which authorized an Agreement and a Purchase Order in the amount of $350,000. The current . requested action would increase the amount of that purchase order by $417,334 to accomplish the Parks parking lot repairs. Financial Impact: Funding in the amount of $119,400 for CIP No. PR04-08 (Nunez Park) is available in the Park Construction Fund (account no. 243-363-5504-7266). CIP project No. PR04-17 (parks Parking Lot Renovations - Meadowbrook, Nicholson, Anne Shirrel's, Encanto and Speicher) is funded through the Prop 40 per Capita State grant (account no. 243-363-5504-7444) in the amount of $100,000; CIP project No. PR07-07 (Highland Little League) is funded by the Park Construction Fund (account no. 243-363-5504-7723) in the amount of$60,000, as are the resurfacing projects at Blair, Littlefield/Shultis, Perris Hill and Wildwood Parks - CIP- project No. PR08-05 (account no. 243-363-5504-7753), in the amount of$175,000. The following budget amendments are requested to transfer the necessary funding into the appropriate projects. c Recommendation: 1) That the Director of Finance be authorized to amend the FY 2007/2008 Budget by transferring $33,000 from account no. 243-363-5504-7753 (Parking Lot Resurfacing - Blair, Littlefield/Shultis, Perris Hill and Wildwood) to account no. 243-363-5504-7444 (Resurface Parking Lots - Meadowbrook, Nicholson, Anne Shirrell's, Encanto and Speicher Parks); and, transferring $44,000 from account no. 243-363-5504-7266 (Nunez Parking Lot Resurfacing) to account no. 243-363-5504-7723 (Highland Little League - Resurface Parking Lot), and 2) Adopt Resolution. c 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AN INCREASE IN THE AMOUNT OF $417,334 TO THE PURCHASE ORDER TO NELSON PAVING AND GRADING CORPORATION (NPG), AND AUTHORIZING THE CITY MANAGER TO EXECUTE A VENDOR SERVICES AGREEMENT WITH NPG FOR PAVING REPAIRS TO PARKING LOTS AT CITY PARKS. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That the Director of Finance, or his/her designee, be authorized to increase purchase order to Nelsoh Paving and Grading (NPG) in the amount $417,334 to accomplish paving repairs to parking lots at the following City parks: Anne Shirrell's, Blair, Encanto, Highland Little League, Littlefield/Shultis, Meadowbrook, Nicholson, Nunez, Perris Hill, Speicher and Wildwood (CIP Projects Numbers P04-08, P04-17, P07-07, and P08-05); and SECTION 2. That the City Manager is hereby authorized to execute a Vendor Service Agreement, attached hereto and" marked Exhibit "A", with Nelson Paving and Grading (NPG); and SECTION 3. That the above authorizations shall be void and of no further effect if not executed within sixty days from the date that this Resolution is adopted. III III III III III III cV-- III 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING AN INCREASE IN THE AMOUNT OF $417,334 TO THE PURCHASE ORDER TO NELSON PAVING AND GRADING CORPORATION (NPG), AND AUTHORIZING THE CITY MANAGER TO EXECUTE A VENDOR SERVICES AGREEMENT WITH NPG FOR PAVING REPAIRS TO PARKING LOTS AT CITY PARKS. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of , 2008, by the following vote, to wit: Council Members: ABSTAIN ABSENT AYES NAYS ESTRADA BAXTER BRINKER DERRY KELLEY JOHNSON MCCAMMACK Rachel G. Clark, City Clerk The foregoing resolution is hereby approved this day of 2008. Patrick J. Morris, Mayor City of San Bernardino Approved as to form: James F. Penman, City Attorney B~'~ E:<I/ 113/ r 11 VENDOR SERVICE AGREEMENT This Vendor Service Agreement is entered into this _ day of 2008, by and between Nelson Paving and Grading Corporation ("VENDOR" or "NPG") 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 paving repairs to parking lots at City parks; and WHEREAS, the City of San Bernardino did solicit and accept proposals and bids from a number of vendors; and WHEREAS, Nelson Paving and Grading Corporation was awarded a Contract with two one-year extensions as the lowest responsible bidder by Resolution No. 2006-431 on December 4,2006, and NPG was awarded a one-year extension to the contract by Resolution No. 2007- 229 on July 2, 2007; and, WHEREAS, it is in the best interests of the CITY to utilize the vendors approved and authorized by the City of San Bernardino to provide paving repairs to parking lots at City parks. 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 Attachment "A", "Estimate/Proposal" from NPG Inc., dated October 17, 2007, attached hereto and incorporated herein by this reference. IISierralPRICouncil ActionslCouncil Action Jan-Mar 2008\VSA for Nelson Paving and Grading Corp. doc: January 2. 2008;KF:ldl 2. COMPENSATION AND EXPENSES. a. For the services delineated above, the CITY, upon presentation of an invoice, shall pay the VENDOR the amount of $417,334 for parking lot pavement repairs at various City parks. b. No other expenditures made by VENDOR shall be reimbursed by CITY, 3. TERM; SEVERABILITY. This Agreement may be terminated at any time by thirty (30) days written notice by either party. Tbe terms of this Agreement shall remain in force unless mutually amended. 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 IISierralPRICouncil ActionslCouncil Action Jan-Mar 2008\VSA for Nelson Paving and Grading Corp.doc; January 2. 2008;KF:ldl 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 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 engage in, nor permit its officers, employees or agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or sexual orientation, or any other status protected by law, except as permitted pursuant to Section 129040 of the California Government Code. 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, IISierralPRICouncil ActionslCouncil Action Jan-Mar 2008IVSA for Nelson Paving and Grading Corp. doc; January 2, 2008;KF;ldl .,.._~. qualifications, insurance and approval of whatever nature that are legally required of VENDOR to practice its business or profession. 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: Director of Parks, Recreation and Community Services 201-A North "E" Street Suite #103 San Bernardino, CA 9240 I Telephone: (909) 384-5233 TO THE VENDOR: Nelson Paving and Grading Incorporated 1354 Jet Way 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 IISierralPRICouncil ActionslCouncil Action Jan-Mar 20081VSA for Nelson Paving and Grading Corp. doc; January 2, 2008;KF:ldl 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 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 only 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. IISierralPRICouncil ActionslCouncil Action Jan-Mar 2008IVSA for Nelson Paving and Grading Corp. doc; January 2, 2008;KF;ldl Vendor Service Agreement with Nelson Paving and Grading Inc. IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: ,2008 NELSON PAVING AND GRADING INC. By: Its: Dated ,2008 CITY OF SAN BERNARDINO By: Fred Wilson, City Manager Approved as to Form: By: James F. Penman, City Attorney IISierralPRICouncil ActionslCouncil Action Jan-Mar 2008\VSA for Nelson Paving and Grading Corp.doc; January 2, 2008;KF:ldl ESTIMATE TO (Client) City of San Bernardino 300 N. "D" Street 4" Floor San Bernardino, California 92418 11 Tr lie f! I( c Air /? CONTRACT# 42- 5373 1354 JET WAY P.O. BOX 1515 PERRIS, CA 92572 . " ':. (1 PH. (760) 320-9600 Desert Division PH. (95t) 940-0200 FAX (951) 9411-9192 Cont. Lie. 11664779 ESTIMATE / PROPOSAL We Hall die All Plltues 01 Asphalt DATE: October 17,2007 PROJECT: Park Resurfacing LOCATION: Various Park Localions AlIention: Mr. Randy Kuettle Telephone: 909-384-5020 Fax: 909.384.5059 Estimator: Richard Sherman NELSON PA VINC &; SEALING (hereinafter called Contraclor) quotes the following estimate to Client for furnishing the material. labor and performing the work hereinafter specified, subject tolhe tenns and conditions hereinafter set forth an reverse side of estimate. Cttt1 of San BeM.~/?/) P.r. l,'''{IICInP PrDJ~ct - CiellUll ~cope 0 or.- RnlJedjrom Stptem tr JJ. 2007 OVERLAY 1. _ Grind all edges of asphalt 0" . J \1" in 4' - 6' as needed. 2. Clean existing asphalt paving as needed prior to placement of asphalt overlay. 3. Place ground sterilizer prior to placement of new asphalt material. 4. Clean cracks fre,,-pf debris and ve.etation with hioh pre.ssure blowers, treat cracks with 8round sterilizer and fill cracks with ample amount or-Dura t-Iex not rubberlz&l crack tlIler n1lItetJaI. S. Place SS-I H material prior to placement of new asphalt material. 6. Furnish and place t". I ~.. ofPG64-IO asphalt material in order to construct asphalt overlays totaling below listed sq. ft. SLURRY SEAL & RE-STRIPE I. Clean existing asphalt paving 85 needed with high pressure blowers prior to placement of slurry seal material. 2. Clean cra<:ks frec...pf debris Il(ld veeetatiop Vi/.th hi2h Dre.ssure blowers, treat cracks with ground sterilizer and fill cracks wilh ample amount ot Dura tlex hot rubberizEd crack n let ~tetial. 3. Treat oil spots with an oil sealer. 4. Furnish and place 2 wet directional coats of PolyLast slurry seal material over existing asphalt paving area totaling below listed sq. ft. S. Re-slripe asphalt paving as per existing layout Park Name A1~~llay SI~ry~al C~c"Ffill Grand Total q. t. R. t. Anne Shirrells Park 20,000 25,000 INCLUDED $17,000.00 Blair Park 5,000 180,000 INCLUDED $34,600.00 Encanto Park 5,000 119,000 INCLUDED $36,444.00 Highland Unle Park 116,000 NO INCLUDED $103.393.00 Littlefield Park NO 20,000 INCLUDED $6,500.00 Meadowbrook Park i3,OOO NO INCLUDED $18,890.00 Nicholson Park 8.000 86,000 INCLUDED '. $25,820.00 Nunez Park 21,000 171,000 INCLUDED $47,245.00 Perris Hill Park 5,000 385,000 INCLUDED $44.242.00 Speicher Park ADA Ramp 12,000 INCLUDED $24,000.00 Wildwood Park 15,000 260,000 INCLUDED $49,200.00 Total $417,334.00 "Note: All prices include striping per existing layout, ..,. ";'-:.' I;~'~' SPECIAL COND/TlONS NPG Corporation warranti~ all materials and workmanship for a period of one year from date of installation. Progress billings upon completion or work compleled. Plymeat in full upon completion of contrlct work. No retention 10 be held. Sian Date to be negotiated upon signing of contract. Upon acceptance of proposal. preliminary infonnation must be provided. This bid is based upon one move.in. Cost of additional moves will be negotiated as they occur. Terms orClieRt purchase orders. subcontracts. and/or c:redit approvals must c:ompl)' with all NPG Corp. lemu and conditions, or warranties, if dients terms do not comply c:ontl'lCt will be c:anc:elled. Certific:ate oflnsunmcc will onl)' c:omply to work that NPG Corporation is performing. Exdudes enaineerina, stlkinS, soil testing. permits. c:onstJuc:tion water, handling and disposal of buried or hazardous materials, handling and disposal of rocks, removal or reloc:ation of utilities or inigation, replacement of landsc:aping. backfill of c:urbs, import or export, home owners notiticlltion, erosion c:ontrol, and dust c:ontrol, unless noted in bid. All costs associated with the implementation and maintenance oftbe "Stann Water Pollution Prevention Plan" will be billed on a time and material basis plus 20% overhead, if required. All costs and responsibililies for implementina and maintainina a Fugitive Dust "PM 10" miliaation plan andlor N.P.D.E.S., by others. All items will be billed at unit cost or c:ontrac:t amount whichever is greater. EXclud~ prevailing wage. ESTIMATED BASE BID:........E..' HMnd,ed S...nt.... TIIo_nd Tllree HMndrod TIll EOM' DoIItIn /I1rdllllllOO.........U17.JU.OO NOTICE: The foregoing does not constitute an offer, unless the formal Propo5al appearinJ on the reverse sidehereof is signed ~ a dul uthorized representative of contractor (see also pan,graph 2 on tbe reverse hereof). rfrou~ grading is done by other, it shall be fiimisbe us within one.tentb foot, p!~ or minus, of fmi5h!,crsub grad~ ele~tiOtl (see also .....Ph 6 on die reverse hereof). VENDOR SERVICE AGREEMENT This Vendor Service Agreement is entered into this _ day of 2008, by and between Nelson Paving and Grading Corporation ("VENDOR" or "NPG") 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 paving repairs to parking lots at City parks; and WHEREAS, the City of San Bernardino did solicit and accept proposals and bids from a number of vendors; and WHEREAS, Nelson Paving and Grading Corporation was awarded a Contract with two one-year extensions as the lowest responsible bidder by Resolution No. 2006-431 on December 4,2006, and NPG was awarded a one-year extension to the contract by Resolution No. 2007- 229 on July 2, 2007; and, WHEREAS, it is in the best interests of the CITY to utilize the vendors approved and authorized by the City of San Bernardino to provide paving repairs to parking lots at City parks. 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 Attachment "A", "Estimate/Proposal" from NPG Inc., dated October 17,2007, attached hereto and incorporated herein by this reference. IISierralPRICouncil ActionslCouncil Action Jan-Mar 2008IVSA for Nelson Paving and Grading Corp.doc; January 2, 2008;KF:ldl 2. COMPENSATION AND EXPENSES. a. For the services delineated above, the CITY, upon presentation of an invoice, shall pay the VENDOR the amount of $417,334 for parking lot pavement repairs at various City parks. b. No other expenditures made by VENDOR shall be reimbursed by CITY, 3. TERM; SEVERABILITY. 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. 4. INDEMNITY. CITY agrees to indemnity 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 indemnity 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 IISierralPRICouncil ActionslCouncil Action Jan-Mar 2008\VSA for Nelson Paving and Grading Corp. doc; January 2, 2008;KF:ldl 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 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 engage in, nor permit its officers, employees or agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or sexual orientation, or any other status protected by law, except as permitted pursuant to Section 129040 of the California Government Code. 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, \\SierralPRICouncil ActionslCouncil Action Jan-Mar 2008\VSA for Nelson Paving and Grading Corp. doc; January 2, 2008;KF:ldl qualifications, insurance and approval of whatever nature that are legally required of VENDOR to practice its business or profession. 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: Director of Parks, Recreation and Community Services 201-A North "E" Street Suite #103 San Bernardino, CA 92401 Telephone: (909) 384-5233 TO THE VENDOR: Nelson Paving and Grading Incorporated 1354 Jet Way 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 IISierralPRICouncil ActionslCouncil Action Jan-Mar 2008\VSA for Nelson Paving and Grading Corp.doc: January 2, 2008:KF:ldl 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 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 only 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. IISierralPRICouncil AclionslCouncil Action Jan-Mar 2008\VSA for Nelson Paving and Grading Corp. doc; January 2. 2008;KF;ldl Vendor Service Agreement with Nelson Paving and Grading Inc. IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: ,2008 NELSON PAVING AND GRADING INC. By: Its: Dated ,2008 CITY OF SAN BERNARDINO By: Fred Wilson, City Manager Approved as to Form: B~& James F. Penman, City Attorney IISierralPRICouncil ActionslCouncil Action Jan-Mar 20081VSA for Nelson Paving and Grading Corp.doc: January 2. 2008;KF:ldl ESTIMATE TO (Client) City of San Bernardino 300 N. "D" Street 4. Floor San Bernardino, California 92418 /TrrflCJll(eNT /? CONTRACH 42- 5373 1354JET WAY P.O. BOX 1515 PERRIS, CA 92572 ,;," ~:: (I PH. (760) 320.9600 Desert Division PH. (951) 940-0200 FAX (951) 94()"9192 Cont. Lie, IUi64779 ESTIMATE / PROPOSAL We Handle All PhllSes of Asphalt DATE: October 17,2007 PROJECT: Park Resurfacing LOCATION: Various Park Locations Attention: Mr. Randy Kuettle Telephone: 909-384-5020 Fax: 909-384-5059 Estimator: Richard Shennan NELSON PAVING & SEALING (hereinafter called Contractor) quotes the following estimate to Client for furnishing the material, labor and performing the work hereinafter specified, .~l1hject II) the tenns Ilnd conditions hereinafter set forth on reverse side of estimate. Cl Bernardi 0 P , R liT Gem P, eel - enel'tl cope 0 or- Revised from Seplem er lJ, 2007 OVERLAY 1. Grind all edges of asphalt 0" - I \12" in 4' - 6' as needed. 2. Clean existing asphalt paving as needed prior to placement of asphalt overlay. 3. Place ground sterilizer prior to placement of new asphalt material. 4. Clean cracks f~pf debris lltld ve.e.etatio(l with hi.e.h preJsure blowers, treat cracks with ground sterilizer and fill cracks with ample amount or-Dura flex hot rubberizEd crack tlller m1ltel'lal. S. Place 55-1 H material prior to placement of new asphalt material. 6. Furnish and place I" - I 1,12" ofPG64-10 asphalt material in order to construct asphalt overlays totaling below listed sq. ft. SLURRY SEAL & RE-STRIPE I. Clean existing asphalt paving as needed with high pressure blowers prior to placement of slurry seal material. 2. Clean cracks free..of debris lll1d ve.e.etation with hi.e.h pressure blowers, treat cracks with ground sterilizer and fill cracks with ample amount ot Dura Flex -liot rubberizEd crack tiller m1l.tetial. 3. Treat oil spots with an oil sealer. 4. Furnish and place 2 wet directional coats of PolyLast slurry seal material over existing asphalt paving area totaling below listed sq. ft. S. Re-stripe asphalt paving as per existing layout Park Name All!. OW1ay Sh/fcry.l!eal C[ac');fill Grand Total q. L q. t. n. t. Anne Shirrells Park 20,000 25,000 INCLUDED $27,000.00 Blair Park 5,000 180,000 INCLUDED $34,600.00 Encanto Park 5,000 119,000 INCLUDED $36,444.00 Highland Little Park 116,000 NO INCLUDED $103.393.00 Littlefield Park NO 20,000 INCLUDED . $6,500.00 Meadowbrook Park 13,000 NO INCLUDED $18,890.00 Nicholson Park 8.000 86,000 INCLUDED . $25,820.00 Nunez Park 21,000 171,000 INCLUDED $47,245.00 Perris Hill Park 5,000 385.000 INCLUDED $44,242.00 Speicher Park ADA Ramp 12,000 INCLUDED $24,000.00 Wildwood Park 15.000 260,000 INCLUDED $49,200.00 Total $417,334.00 *Note: All prices include striping per existing layout. SPECL4.L CONDITIONS NPG Corporation warranties all materials and workmanship for a period of one year from date of installation. Progress billings upon completion or work completed. Payment in full upon completion of contract work. No retention to be held. Stan Date to be negotiated upon signing of contract. Upon acceptance of proposal, preliminary infonnation must be provided. This bid is based upon one move-in. Cost of additional moves will be negotiated as they occur. Terms of Client purchase orders. subcontracts, and/or credit approvals must comply with all NPG Corp. tenns and conditions. or warranties, if clients tenns do not comply contract will be cancelled. Cenificate oflnsurance will only comply to work that NPG Corporation is perfonning. Excludes engineering, staking. soil testing, pcnnits. construction water, handling and disposal of buried or hazardous materials, handling and disposal of rocks, removal or relocation of utilities or irrigation, replacement of landscaping, backfill of curbs, import or expon, home owners notification, erosion control, and dust control, unless noted in bid. All costs associated with the implementation and maintenance of the "Stonn Water Pollution Prevention Plan" will be billed on a time and material basis plus 20% overhead, if required. All costs and responsibilities for implementing and maintaining a Fugitive Dust "PM 10" mitigation plan and/or N.P.D.E.S.. by others. All items will be billed at unit cost or contract amount whichever is greater. Excludes prevailing wage. ESTIMATED BASE BID:........Four Hundred Seventeen Thousand Three Hundred Thlrtv Four Dollars andOOllOO.........S417.JJ4.00 NOTICE: The foregoing does not constitute an offer, unless the formal Proposal ap~earinB on the reverse sidehereof is signed by a dul" l8uthorized representative of contractor (see also ~graph 2 on the reverse hereot). Ifrou~ grading is done by other, it shall be fumishec 1I1~_us within one-tenth foot, p!l!s or m~~, of finiih~ -sub gr~~ el~ati~ (see also ~ph 6 on the reverse hereof).