HomeMy WebLinkAbout19-Public ServicesCITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION
ORIGINAL
From: Ken Fischer, Director
Dept: Public Services
Date: April 28, 2009
Subject: Resolution of the Mayor and
Common Council of the City of San
Bernardino ratifying the extension of the
term of the Agreement with Nelson
Paving and Grading Corporation
("NPG") to June 30, 2009 and
authorizing the execution of an
Amendment to the Agreement to
provide for additional services and
increasing Purchase Order Number
302326 by an additional $38,780.
Meeting Date: May 4, 2009
Synopsis of Previous Council Action:
July 2, 2007 -Resolution 2007-229, the Mayor a Common Council authorized the execution of
an Agreement and purchase order in the amount of $350,000 with one one-year extension at
the City's option, between the City of San Bernardino and Nelson Paving and Grading
Corporation (NPG), for miscellaneous street repairs throughout the City of San Bernardino.
September 2, 2008 -staff exercised its one-year extension option with Nelson Paving and
Grading Corporation for miscellaneous asphalt street repairs in the amount of $200,000.
Recommended Motion:
Adopt Resolution.
Signature
Contact person: Ken Fischer, Director
Supporting data attached:
Staff Report, Resolution,
Amendment No.1 to the Vendor Service
Agreement and Attachment "1"
Phone: 5140
Ward: 1. 3 and 7
FUNDING REQUIREMENTS:
Council Notes: ~ac~ ZOU
Amount: $188,780
Source: FY 08-09
Account No. 135-378-
5504-7362 (Residential
Street Repairs) CIP SSI
(Street Repairs at Various
Locations)
Finance:
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Agenda Item No. ~-1
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CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION
Staff Report
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino ratifying
the extension of the term of the Agreement with Nelson Paving and Grading
Corporation ("NPG") to June 30, 2009 and authorizing the execution of an Amendment
to the Agreement to provide for additional services and increasing Purchase Order
Number 302326 by an additional $38,780.
Background:
On July 2, 2007, the Mayor and Common Council adopted Resolution No. 2007-229,
approving an agreement between Nelson Paving Corp. and the City, and authorizing
the issuance of a purchase order in the amount of $350,000 (P.O. 302326) for defined
paving services. The term of the Agreement was for one year. The Agreement states
that its duration may be extended with the written consent of both parties. The parties
did not formally renew the Agreement prior to its expiration date of June 30, 2008,
however, on or about August 23, 2008, requisition No. 15964 was issued against
Purchase Order 302326 for $200,000 for miscellaneous citywide street repairs to be
performed by NPG Corp. By this action, the option to extend the Agreement through
June 30, 2009 was exercised as confirmed by letter from NPG Corp. dated April 28,
2009 a copy of which is attached hereto as Attachment "A" and made a part hereof. By
adoption of this resolution, the Mayor and Common Council will ratify the extension of
the Agreement to June 30, 2009.
One hundred and fifty-thousand dollars ($150,000) now remains under P.O. 302326.
To this it is requested that $38,780 be added to bring the total available to $188,780.
The full amount of the Purchase Order would be $388,780. The additional sums are
required to make repairs to the following streets/intersections:
1. 34th and Parkside Dr. - 7~h Ward
2. Waterman Ave. from 5th St. to Orange show road - 15~ Ward
3. 4th St. west of the E St. intersection - 151 Ward and;
4. Hospitality Ln. and Carnegie Dr intersection - 3rd Ward
In addition to the ratification of the extension, by adoption of the Resolution, the Mayor
and Common Council will approve the amendment of the Agreement, as extended, to
authorize the award to the described work to Nelson Paving Corporation. All of the
repairs will be completed by June 14, 2009. Staff intends to seek bids for asphalt
paving services in FY 09-10.
CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION
Staff Report- Continued
Financial Impact:
Funds are available and have been budgeted in FY 08-09, Capital Improvement
Program, Account Number 135-378-5504-7362 (Residential Street Repairs) in the
amount of $188,780.
Recommendation:
Adopt Resolution.
1~ C ~p®~ati
(951) 940-0200 Phone P.O. Box 1515 * Perris, Ca. 92572
(95]) 940-9192 Fax 1354 Jet Way * Perris, Ca. 92571
Apri128, 2009
City of San Bernardino
Public Works Department
300 North D Street
San Bernardino, California 92418
Dear Mr.
NPG~rpor~ ion is will~ng to extend it's current contract agreement until June 3Q, 2009.
~fncerely,~ j ~°
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Jeff; . e~s¢n r
~reside~~ ` j
II
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ATTACHMENT "A"
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RESOLUTION NO.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO RATIFYING THE EXTENSION OF THE TERM OF THE
AGREEMENT WITH NELSON PAVING AND GRADING CORPORATION ("NPG")
TO JUNE 30, 2009 AND AUTHORIZING THE EXECUTION OF AN AMENDMENT TO
THE AGREEMENT TO PROVIDE FOR ADDITIONAL SERVICES AND INCREASING
PURCHASE ORDER NUMBER 302326 BY AN ADDITIONAL $38,780.
WHEREAS, on July 2, 2007, the Mayor and Common Council adopted
Resolution No. 2007-229 approving aone-year Agreement with NPG for paving
services with an option to extend the term of the Agreement with the written consent of
both parties and also thereby approving the issuance of a purchase order in the
amount of $350,000; and
WHEREAS, on or about August 23, 2008, NPG performed services under the
Agreement and was compensated for such services under the Agreement; and
WHEREAS, by the above described actions it was agreed by the parties that
the Agreement was thereby extended to June 30, 2009, as affirmed in a written
communication from NPG dated April 28, 2009; and
WHEREAS, it is the desire of the Mayor and Common Council the Agreement
as ratified be amended to provide for additional paving services; and
WHEREAS, to receive additional paving services the current purchase order
needs to be increased by $38,780 for a total Purchase Order Amount of $388,780
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The extension of the term of the Agreement to June 30, 2009 is
hereby ratified.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO RATIFYING THE EXTENSION OF THE TERM OF THE
AGREEMENT WITH NELSON PAVING AND GRADING CORPORATION ("NPG")
TO JUNE 30, 2009 AND AUTHORIZING THE EXECUTION OF AN AMENDMENT TO
THE AGREEMENT TO PROVIDE FOR ADDITIONAL SERVICES AND INCREASING
PURCHASE ORDER NUMBER 302326 BY AN ADDITIONAL $38,780.
SECTION 2. The City Manager of the City of San Bernardino is hereby
authorized to execute on behalf of said City an Amendment to the Agreement between
the City of San Bernardino and Nelson Paving and Grading Corporation, a copy of
which is attached hereto, marked Exhibit "A" and incorporated herein by reference as
fully as though set forth at length.
SECTION 3. That pursuant to this determination the Director of Finance or her
designee is hereby authorized to increase Purchase Order Number 302326 by
$38,780 to Nelson Paving and Grading Corporation for a total amount not to exceed
$388,780.
SECTION 4. The Purchase Order shall reference this Resolution Number and
shall read, "Nelson Paving and Grading Corporation additional asphalt paving
services. Agreement not to exceed $388,780" and shall incorporate the terms and
conditions of the agreement.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO RATIFYING THE EXTENSION OF THE TERM OF THE
AGREEMENT WITH NELSON PAVING AND GRADING CORPORATION ("NPG")
TO JUNE 30, 2009 AND AUTHORIZING THE EXECUTION OF AN AMENDMENT TO
THE AGREEMENT TO PROVIDE FOR ADDITIONAL SERVICES AND INCREASING
PURCHASE ORDER NUMBER 302326 BY AN ADDITIONAL $38,780.
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 2009, by the
following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA
BAXTER
BRINKER
SHORETT
KELLEY
JOHNSON
MCCAMMACK
Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this day of
2009.
Patrick J. Morris, Mayor
City of San Bernardino
Approved as to Form:
By:
es enman
C y Attorney
AMENDMENT NO. 1 TO VENDOR SERVICE AGREEMENT
This Agreement is entered into this 4th day of May 2009, by and between
Nelson Paving and Grading Corporation ("VENDOR") and the City of San
Bemazdino ("CITY" or "San Bernazdino")
RECITALS
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A. On July 2, 2007, the Mayor and Common Council authorized the execution of an
Agreement and issuance of a purchase order in the amount of $350,000 with one
one-year extension to Nelson Paving and Grading Corporation for miscellaneous
street repairs throughout the City of San Bemazdino ("Agreement"), a copy of which
is attached hereto as Attachment "1" and incorporated by this reference.
B. In FY 08-09, staff exercised its one-year extension option with Nelson Paving and
Grading Corporation for miscellaneous asphalt street repairs which action was
ratified by the Mayor and Common Council on May 4, 2009, and authorization was
granted to increase the amount of the purchase order. Pursuant to that authorization
we are hereby amending the Agreement ("Contract") to add $38,780 for a total not
to exceed $388,780 and amend the term of the contract to reflect the expiration date
of June 30, 2009.
C. The CITY and VENDOR now desire to alter the Agreement to increase the amount
of the Agreement by $38,780 for a total not to exceed $388,780 and amend the term
of the contract to reflect the expiration date of June 30, 2009.
AGREEMENT
In consideration of the mutual promises contained in the Vendor Services Agreement,
the parties agree as follows:
Section 2 (a) of the Agreement is amended by striking $350,000 and adding
the term $388,780.
Exhibit "A"
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2. Section 3 of the Agreement is amended by adding to the first sentence thereof
the following: The term of this Agreement shall be from July 2, ?007 through
June 30, ?009.
3. All other provisions of the written contract are reaffirmed as originally stated.
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Exhibit "A"
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AMENDMENT NO. 1 TO VENDOR SERVICE AGREEMENT
NELSON PAVING AND GRADING CORPORATION
IN WITNESS THEREOF, the parties hereto have executed the Agreement on the day
and date first above written.
Dated: , 2009 Nelson Paving and Grading Corporation
By:
Dated: , 2009 CITY OF SAN BERNARDINO
By: Lori Sassoon, Acting City Manager
ATTEST:
Rachel Clazk, City Clerk
Approved as to form:
James F. Penman, City Attorney
By:
Exhibit "A"
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AMENDMENT NO. 1 TO VENDOR SERVICE AGREEMENT
This Agreement is entered into this 4th day of May 2009, by and between
Nelson Paving and Grading Corporation ("VENDOR") and the City of San
Bernardino ("CITY" or "San Bemardino").
RECITALS
A. On July 2, 2007, the Mayor and Common Council authorized the execution of an
Agreement and issuance of a purchase order in the amount of $350,000 with one
one-year extension to Nelson Paving and Grading Corporation for miscellaneous
street repairs throughout the City of San Bemardino ("Agreement"), a copy of which
is attached hereto as Attachment "1" and incorporated by this reference.
B. In FY 08-09, staff exercised its one-year extension option with Nelson Paving and
Grading Corporation for miscellaneous asphalt street repairs which action was
ratified by the Mayor and Common Council on May 4, 2009, and authorization was
granted to increase the amount of the purchase order. Pursuant to that authorization
we are hereby amending the Agreement ("Contract") to add $38,780 for a total not
to exceed $388,780 and amend the term of the contract to reflect the expiration date
of June 30, 2009.
C. The CITY and VENDOR now desire to alter the Agreement to increase the amount
of the Agreement by $38,780 for a total not to exceed $388,780 and amend the term
of the contract to reflect the expiration date of June 30, 2009.
AGREEMENT
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In consideration of the mutual promises contained in the Vendor Services Agreement,
the parties agree as follows:
1. Section 2 (a) of the Agreement is amended by striking $350,000 and adding
the term $388,780.
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2. Section 3 of the Agreement is amended by adding to the first sentence thereof
the following: The term of this Agreement shall be from July 2, 2007- through
June 30, 2009.
3. All other provisions of the written contract are reaffirmed as originally stated.
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AMENDMENT NO. 1 TO VENDOR SERVICE AGREEMENT
NELSON PAVING AND GRADING CORPORATION
IN WITNESS THEREOF, the parties hereto have executed the Agreement on the day
and date first above written.
Dated: , 2009 Nelson Paving and Grading Corporation
By:
Dated: , 2009 CITY OF SAN BERNARDINO
By: Lori Sassoon, Acting City Manager
ATTEST:
Rachel Clazk, City Clerk
Approved as to form:
James F. Penman, City Attorney
By:
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2007-229
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ATTACHMENT ~~1~~
VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 2nd day of July
2007, by and between Nelson Paving and Grading (NPG) ("VENDOR") and the City of San ',~
Bemazdino ("CITY" or "San Bemazdino").
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 Bemazdino did solicit and accept proposals and bids from
a number of vendors for the asphalt paving repair.
NOW, THEREFORE, the parties hereto agree as follows:
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1. SCOPE OF SERVICES.
For the remuneration stipulated, San Bemazdino hereby engages the services of
VENDOR to provide those products and services as set forth in this purchase agreement.
2. COMPENSATION AND EXPENSES.
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a. For the services delineated above, the CITY, upon presentation of an invoice, shall
pay the VENDOR up to the amount of $350,000.00 for providing asphalt-paving
repair.
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 yeaz.
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
2'JI I duration of this Agreement may be extended with the written consent of both parties.
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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
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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.
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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
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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 famished to the CITY shall require the insurer to notify CITY of any change or
termination in the policy.
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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.
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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
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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 aze 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 aze 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:
TO THE VENDOR:
Public Services Director
300 North "D" Street
San Bernardino, CA 92418
Telephone: (909) 384-5140
NPG Corporation
1354 Jet Way
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Perris, CA 92571
Telephone: (951) 940-0200
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, salazy 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 voluntazily 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. Regazdless 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
Bemazdino, 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.
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13. GOVERNING LAW.
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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 aze 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.
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated: , 2007 VENDOR.
By
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Dated ~-3 .2007 CITY OF SP'6
By:
Approved as to Form:
V
Jam .Penman, City Attorney
U
.;i..-;,
City Manager
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Attachment 1
1 RESOLUTION NO. 2007-229
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
3 SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
PURCHASE ORDER IN THE AMOUNT OF $350,000.00 WITH ONE ONE-YEAR
4 EXTENSION AT THE CITY'S OPTION, BETWEEN THE CITY OF SAN
BERNARDINO AND NELSON PAVING AND GRADING CORPORATION (NPG),
5 FOR MISCELLANEOUS STREET REPAIRS THROUGHOUT THE CITY OF SAN
6 BERNARDINO.
7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
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4 SECTION 1. That NPG Corporation was awarded a contract with two one year
10 extensions as the lowest responsible bidder by Resolution No. 2006-431 on December
11 4, 2006 and the City is hereby accepting the first year option.
12 SECTION 2. That the NPG Corporation shall enter into a Vendor Services
13 Agreement in the form attached hereto in the total amount of $350,000.00 and the
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Purchasing Manager may issue a purchase order for said amount to .process the
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required payments to NPG Corporation.
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17 SECTION 3. The Purchase Order shall reference this Resolution No.
18 2006 and shall read, "NPG Corporation for miscellaneous street repairs.
19 Agreement not to exceed $350,000.00 and shall incorporate the terms and conditions
20 of this agreement."
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