HomeMy WebLinkAbout2004 CON Aztec Fence Co - Athletic Field FencingAGREEMENT BY AND BETWEEN
THE CITY OF NATIONAL CITY
Az
THIS AGREEMENT is entered into this 6th_ day of = uly, 2004 by and
(the "CONTRACTOR").
between the CITY OF NAThONAL CITY, a municipal corporation (the "CITY"), and
RECITALS
WHEREAS, the CITY desires to employ a CONTRACTOR to revs nd
re lace chain link fencin at all 3 arks within the Cit
CTOR is qualified by
WHEREAS, the CITY
ce CITe OYNandhe CONTRACTOR is
experience and ability to perform the servies d sired by th
willing to perform such services.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE
AS FOLLOWS:
1. ENGAGEMENT OF CONTRACTOR. TheCITY
oI p herebformthe y asgrees
to
engage the CONTRACTOR and the CONTRACTOR hereby agrees
es
hereinafter set forth in accordance with all terms and conditions contained herein.
The CONTRACTOR represents that all services required hereunder will be
performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR.
2. SCOPE O oSr Bid #GS0304 The
CONTRACTOR will perform services as
set forth in the attached Request
2.
and reviews
ted to
The CONTRACTOR
shall
of the CITYresponsible
for suchall
servsi eshexcept as authorized in
the work and shall not rely on personnel
advance by the CITY. The CONTRACTORof
shallp the progress tings cited in on the project.
Request for Bid
#GS0304-2 to keep staff and City Coil
adThe CITY may unilaterally, or upon request frmthe CONby te CTRONTRACTOR
from
time to time reduce or increase the Scope of Services to be performed
under this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in
good faith and confer for the purpose
e�n services not po exceed a factor of increase25 %f om
the compensation associated with saidchange
the base amount.
Revised August 2003
3. PROJECT COORDINATION AND SUPERVISION.
_Miguel Diaz. Acting Parks & Recreation Director is hereby designated as the Project
Coordinator for the CITY and will monitor the progress and execution of this Agreement. The
CONTRACTOR shall assign a single Project Director to provide supervision and have overall
responsibility for the progress and execution of this Agreement for the CONTRACTOR.
NW.
..en thereby is designated as the Project Director for the
CONTRACTOR.
4. COMPENSATION AND PAYMENT. The compensation for the
CONTRACTOR shall be based on monthly billings covering actual work performed. Billings
shall include labor classifications, respective rates, hours worked and also materials, if any.
The total cost for all work described in Request for Bid #GS0304-2, shall not exceed the
schedule given in Request for Bid #GS0304-2 (the Base amount) without prior written
authorization from the Purchasing Agent_. Monthly invoices will be processed for payment
and remitted within thirty (30) days from receipt of invoice, provided that work is
accomplished consistent with Request for Bid #GS0304-2 as determined by the CITY.
The CONTRACTOR shall maintain all books, documents, papers, employee
time sheets, accounting records, and other evidence pertaining to costs incurred and shall make
such materials available at its office at all reasonable times during the term of this Agreement
and for three (3) years from the date of final payment under this Agreement, for inspection by
the CITY and for furnishing of copies to the CITY, if requested.
5. LENGTH OF AGREEMENT. Completion dates or time durations for
specific portions of the Project are set forth below:
a) Work to be started within €<><'""'<'»><' days of receipt of notice to proceed
b) Work to be completed within ',''! days of start date.
6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The
Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared
by the CONTRACTOR for this Project, whether paper or electronic, shall become the
property of the CITY for use with respect to this Project, and shall be turned over to the CITY
upon completion of the Project, or any phase thereof, as contemplated by this Agreement.
Contemporaneously with the transfer of documents, the CONTRACTOR assigns
to the CITY and thereby expressly waives and disclaims, any copyright in, and the right to
reproduce, all written material, drawings, plans, specifications or other work prepared under
this agreement, except upon the CITY's prior authorization regarding reproduction, which
authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of
the CITY, execute any further document(s) necessary to further effectuate this waiver and
disclaimer.
2 Revised August 2003
The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce,
modify, assign, transfer, or in any other way, medium or method utilize the CONTRACTOR's
written work product for the CITY's purposes, and the CONTRACTOR expressly waives and
disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to
intellectual property and artistic works.
Any modification or reuse by the CITY of documents, drawings or
specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability
under Section 14 but only with respect to the effect of the modification or reuse by the CITY,
or for any liability to the CITY should the documents be used by the CITY for some project
other than what was expressly agreed upon within the Scope of this project, unless otherwise
mutually agreed.
7. INDEPENDENT CONTRACTOR. Both parties hereto in the
performance of this Agreement will be acting in an independent capacity and not as agents,
employees, partners or joint venturers with one another. The CONTRACTOR is not an
employee of the CITY and is not entitled to any of the rights, benefits, or privileges of the
CITY's employees, including but not limited to medical, unemployment, or workers'
compensation insurance.
This Agreement contemplates the personal services of the CONTRACTOR and
the CONTRACTOR's employees, and it is recognized by the parties that a substantial
inducement to the CITY for entering into this Agreement was, and is, the professional
reputation and competence of the CONTRACTOR and its employees. Neither this Agreement
nor any interest herein may be assigned by the CONTRACTOR without the prior written
consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTOR
from employing or hiring as many employees, or subcontractors, as the CONTRACTOR may
deem necessary for the proper and efficient performance of this Agreement. All agreements
by CONTRACTOR with its subcontractor(s) shall require the subcontractor to adhere to the
applicable terms of this Agreement.
8. CONTROL. Neither the CITY nor its officers, agents or employees
shall have any control over the conduct of the CONTRACTOR or any of the
CONTRACTOR's employees except as herein set forth, and the CONTRACTOR expressly
agrees not to represent that the CONTRACTOR or the CONTRACTOR's agents, servants, or
employees are in any manner agents, servants or employees of the CITY, it being understood
that the CONTRACTOR, its agents, servants, and employees are as to the CITY wholly
independent contractors and that the CONTRACTOR's obligations to the CITY are solely such
as are prescribed by this Agreement.
9. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR,
in the performance of the services to be provided herein, shall comply with all applicable State
and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the
City of National City, whether now in force or subsequently enacted. The CONTRACTOR,
3
Revised August 2003
and each of its subcontractors, shall obtain and maintain a current City of National City
business license prior to and during performance of any work pursuant to this Agreement.
10. LICENSES, PERMITS, ETC. The CONTRACTOR represents and
covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that
are legally required to practice its profession. The CONTRACTOR represents and covenants
that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during
the term of this Agreement, any license, permit, or approval which is legally required for the
CONTRACTOR to practice its profession. Specify the license classification(s) that qualifies
you to perform this service: Submit a copy of this license with your bid.
11. STANDARD OF CARE.
A. The CONTRACTOR, in performing any services under this Agreement,
shall perform in a manner consistent with that level of care and skill ordinarily exercised by
members of the profession currently practicing under similar conditions and in similar
locations. The CITY expects that the CONTRACTOR shall take all special precautions
necessary to protect the CONTRACTOR's employees and members of the public from risk of
harm arising out of the nature of the work and/or the conditions of the work site.
B. The CONTRACTOR warrants to the CITY that it is not now, nor has it
been for the five (5) years preceding, involved in arbitration or litigation concerning the
CONTRACTOR's professional performance or the furnishing of materials or services relating
thereto.
C. The CONTRACTOR is responsible for identifying any unique products,
treatments, processes or materials whose availability is critical to the success of the project the
CONTRACTOR has been retained to perform, within the time requirements of the CITY, or,
when no time is specified, then within a commercially reasonable time. Accordingly, unless
the CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that all
products, materials, processes or treatments identified in the project documents prepared for
the CITY are reasonably commercially available. Any failure by the CONTRACTOR to use
due diligence under this sub -paragraph will render the CONTRACTOR liable to the CITY for
any increased costs that result from the CITY's later inability to obtain the specified items or
any reasonable substitute within a price range that allows for project completion in the time
frame specified or, when not specified, then within a commercially reasonable time.
12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR will
not discriminate against any employee or applicant for employment because of age, race,
color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical
handicap, or medical condition. The CONTRACTOR will take positive action to insure that
applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual
orientation, marital status, national origin, physical handicap, or medical condition. Such
action shall include but not be limited to the following: employment, upgrading, demotion,
transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other
forms of compensation, and selection for training, including apprenticeship. The
CONTRACTOR agrees to post in conspicuous places available to employees and applicants for
4
Revised August 2003
employment any notices provided by the CITY setting forth the provisions of this non-
discrimination clause.
13. CONFIDENTIAL INFORMATION. The CITY may from time to
time communicate to the CONTRACTOR certain confidential information to enable the
CONTRACTOR to effectively perform the services to be provided herein. The CONTRAC-
TOR shall treat all such information as confidential and shall not disclose any part thereof
without the prior written consent of the CITY. The CONTRACTOR shall limit the use and
circulation of such information, even within its own organization, to the extent necessary to
perform the services to be provided herein. The foregoing obligation of this Section 13,
however, shall not apply to any part of the information that (i) has been disclosed in publicly
available sources of information; (ii) is, through no fault of the CONTRACTOR, hereafter
disclosed in publicly available sources of information; (iii) is already in the possession of the
CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter
rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use
or disclosure thereof has been or is rightfully authorized by that third party.
The CONTRACTOR shall not disclose any reports, recommendations,
conclusions or other results of the services or the existence of the subject matter of this
Agreement without the prior written consent of the CITY. In its performance hereunder, the
CONTRACTOR shall comply with all legal obligations it may now or hereafter have
respecting the information or other property of any other person, firm or corporation.
CONTRACTOR shall be liable to CITY for any damages caused by breach of
this condition, pursuant to the provisions of Section 14.
14. INDEMNIFICATION AND HOLD HARMLESS. The
CONTRACTOR agrees to indemnify, defend, and hold harmless the City of National City, its
officers, employees and volunteers, against and from any and all liability, loss, damages to
property, injuries to, or death of any person or persons, and all claims, demands, suits,
actions, proceedings, costs or attorneys' fees, of any kind or nature, including workers'
compensation claims, of or by anyone whomsoever, in any way resulting from or arising out
of the CONTRACTOR's performance of this Agreement.
15. WORKERS' COMPENSATION. The CONTRACTOR shall comply
with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State
of California, the applicable provisions of Division 4 and 5 of the California Government
Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and
shall indemnify, defend and hold harmless the CITY and its officers, employees and volunteers
from and against all claims, demands, payments, suits, actions, proceedings and judgments of
every nature and description, including attorney's fees and costs presented, brought or
recovered against the CITY or its officers, employees, or volunteers, for or on account of any
liability under any of said acts which may be incurred by reason of any work to be performed
by the CONTRACTOR under this Agreement.
5
Revised August 2003
16. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall
purchase and maintain, and shall require its subcontractors, when applicable, to purchase and
maintain throughout the term of this agreement, the following insurance policies:
A. Automobile insurance covering all bodily injury and property damage
incurred during the performance of this Agreement, with a minimum coverage of $1,000,000
combined single limit per accident. Such automobile insurance shall include non -owned
vehicles.
B. Comprehensive general liability insurance, with minimum limits of
$1,000,000 combined single limit per occurrence, covering all bodily injury and property
damage arising out of its operation under this Agreement.
C. Workers' compensation insurance covering all of its employees and
volunteers.
D. The aforesaid policies shall constitute primary insurance as to the CITY,
its officers, employees, and volunteers, so that any other policies held by the CITY shall not
contribute to any loss under said insurance. Said policies shall provide for thirty (30) days
prior written notice to the CITY of cancellation or material change.
E. Said policies, except for the professional liability and worker's
compensation policies, shall name the CITY and its officers. agents and employees as
additional insureds.
F. If required insurance coverage is provided on a "claims made" rather
than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three
years after expiration of the term (and any extensions) of this Agreement.
G. Any aggregate insurance limits must apply solely to this Agreement.
H. Insurance shall be written with only California admitted companies
which hold a current policy holder's alphabetic and financial size category rating of not less
than A VIII according to the current Best's Key Rating Guide, or a company equal financial
stability that is approved by the City's Risk Manager.
I. This Agreement shall not take effect until certificate(s) or other sufficient
proof that these insurance provisions have been complied with, are filed with and approved by
the CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies
in full force and effect at all times during the terms of this Agreement, the CITY may elect to
treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate
the Agreement as provided herein.
17. LEGAL FEES. If any party brings a suit or action against the other
party arising from any breach of any of the covenants or agreements or any inaccuracies in any
of the representations and warranties on the part of the other party arising out of this
Agreement, then in that event, the prevailing party in such action or dispute, whether by final
judgment or out -of -court settlement, shall be entitled to have and recover of and from the other
party all costs and expenses of suit, including attorneys' fees.
For purposes of determining who is to be considered the prevailing party, it is
stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall
not be considered in determining the amount of the judgement or award. Attorney's fees to
6
Revised August 2003
the prevailing party if other than the CITY shall, in addition, be limited to the amount of
attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of
the actual amount of attorney's fees incurred by the prevailing party.
18. MEDIATION/ARBITRATION. If a dispute arises out of or relates to
this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the
dispute by mediation in San Diego, California, in accordance with the Commercial Mediation
Rules of the American Arbitration Association (the "AAA") before resorting to arbitration.
The costs of mediation shall be borne equally by the parties. Any controversy or claim arising
out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation
shall be settled by arbitration in San Diego, California, in accordance with the Commercial
Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive
upon the parties, and a judgment thereon may be entered in any court having jurisdiction over
the subject matter of the controversy. The expenses of the arbitration shall be borne equally
by the parties to the arbitration, provided that each party shall pay for and bear the costs of its
own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses
or any part thereof against a specified party as part of the arbitration award.
19. TERMINATION. A. This Agreement may be terminated with or
without cause by the CITY. Termination without cause shall be effective only upon 60-day
written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall
perform all services in accordance with this Agreement.
B. This Agreement may also be terminated immediately by the CITY for
cause in the event of a material breach of this Agreement, misrepresentation by the
CONTRACTOR in connection with the formation of this Agreement or the performance of
services, or the failure to perform services as directed by the CITY.
C. Termination with or without cause shall be effected by delivery of
written Notice of Termination to the CONTRACTOR as provided for herein.
D. In the event of termination, all finished or unfinished Memoranda
Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the
CONTRACTOR, whether paper or electronic, shall immediately become the property of and
be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just and
equitable compensation for any work satisfactorily completed on such documents and other
materials up to the effective date of the Notice of Termination, not to exceed the amounts
payable hereunder, and less any damages caused the CITY by the CONTRACTOR'S breach, if
any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth
in Section 6.
E. The CITY further reserves the right to immediately terminate this
Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a
reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business
reorganization, change in business name or change in business status of the CONTRACTOR.
20. NOTICES. All notices or other communications required or permitted
hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail
(Federal Express or the like); or sent by registered or certified mail, postage prepaid, return
7 Revised August 2003
receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or
delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the
earlier of (i) if personally delivered, the date of delivery to the address of the person to receive
such notice, (ii) if sent by overnight mail, the business day following its deposit in such
overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days
(ten (10) days if the address is outside the State of California) after the date of deposit in a post
office, mailbox, mail chute, or other like facility regularly maintained by the United States
Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company
with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any
notice, request, demand, direction or other communication delivered or sent as specified above
shall be directed to the following persons:
To the CITY:
To the CONTRACTOR:
Mr. Chris Zapata
City Manager
City of National City
1243 National City Boulevard
National City, CA 91950
Notice of change of address shall be given by written notice in the manner
specified in this Section. Rejection or other refusal to accept or the inability to deliver because
of changed address of which no notice was given shall be deemed to constitute receipt of the
notice, demand, request or communication sent. Any notice, request, demand, direction or
other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within
forty-eight (48) hours by letter mailed or delivered as specified in this Section.
21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT
OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform
services of any kind for any person or entity whose interests conflict in any way with those of
the City of National City. The CONTRACTOR also agrees not to specify any product,
treatment, process or material for the project in which the CONTRACTOR has a material
financial interest, either direct or indirect, without first notifying the CITY of that fact. The
CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the
National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify
itself and shall not use its official position to influence in any way any matter coming before
the CITY in which the CONTRACTOR has a financial interest as defined in Government Code
Section 87103. The CONTRACTOR represents that it has no knowledge of any financial
interests that would require it to disqualify itself from any matter on which it might perform
services for the CITY.
8 Revised August 2003
❑ If checked, the CONTRACTOR shall comply with all of the reporting
requirements of the Political Reform Act and the National City Conflict of Interest Code.
Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City
Clerk of the City of National City in a timely manner on forms which the CONTRACTOR
shall obtain from the City Clerk.
The CONTRACTOR shall be strictly liable to the CITY for all damages, costs
or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the
CONTRACTOR.
22. MISCELLANEOUS PROVISIONS.
A. Computation of Time Periods. If any date or time period provided for in
this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such
date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not
a Saturday, Sunday or federal, state or legal holiday.
B. Counterparts. This Agreement may be executed in multiple
counterparts, each of which shall be deemed an original, but all of which, together, shall
constitute but one and the same instrument.
C. Captions. Any captions to, or headings of, the sections or subsections of
this Agreement are solely for the convenience of the parties hereto, are not a part of this
Agreement, and shall not be used for the interpretation or determination of the validity of this
Agreement or any provision hereof.
D. No Obligations to Third Parties. Except as otherwise expressly provided
herein, the execution and delivery of this Agreement shall not be deemed to confer any rights
upon, or obligate any of the parties hereto, to any person or entity other than the parties
hereto.
E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are
hereby incorporated herein by this reference for all purposes.
F. Amendment to this Agreement. The terms of this Agreement may not be
modified or amended except by an instrument in writing executed by each of the parties
hereto.
G. Waiver. The waiver or failure to enforce any provision of this
Agreement shall not operate as a waiver of any future breach of any such provision or any
other provision hereof.
H. Applicable Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California.
I. Entire Agreement. This Agreement supersedes any prior agreements,
negotiations and communications, oral or written, and contains the entire agreement between
the parties as to the subject matter hereof. No subsequent agreement, representation, or
promise made by either party hereto, or by or to an employee, officer, agent or representative
of any party hereto shall be of any effect unless it is in writing and executed by the party to be
bound thereby.
J. Successors and Assigns. This Agreement shall be binding upon and shall
inure to the benefit of the successors and assigns of the parties hereto.
9 Revised August 2003
K. Construction. The parties acknowledge and agree that (i) each party is
of equal bargaining strength, (ii) each party has actively participated in the drafting,
preparation and negotiation of this Agreement, (iii) each such party has consulted with or has
had the opportunity to consult with its own, independent counsel and such other professional
advisors as such party has deemed appropriate, relative to any and all matters contemplated
under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this
Agreement, (v) each party has agreed to enter into this Agreement following such review and
the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are
to be resolved against the drafting party shall not apply in the interpretation of this Agreement,
or any portions hereof, or any amendments hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date and year first above written.
CITY OF NATIONAL C
By:
NickcTnzu
Mayor
APPROVED AS TO FORM:
By:
George Eiser, III
City Attorney
CONTRACTOR:
Please check applicable box, and note the
number of signatures required:
k Corporation (two signatures)
Partnership (one signature)
Sole Proprietorship (one signature)
By: #1 /UvictI'1 f lovw7�1�
(Name) JJ
Pre.67-td fait+
(Title)
By: #2 Mario [-io✓iroy
(Name)
V i Ct '(e'rl-t—
(Title)
Mail all documents pertaining to this purchase to:
City of National City
Brenda E. Hodges, C.P.M.
Purchasing Agent
2100 Hoover Avenue
National City, Ca. 91950
Ph: (619)336-4570
10
Revised August 2003
Signature: (\ > �(�
Printed Name:Mari ar[ c) .nleerc y
Company N ame: R3-e.G \tQ C, ,1Z tc Fax: (o I q - Ce & S)
PRICE SCHEDULE
Bid to complete all of the above work at Kimball Park:
Bid to complete all of the above work at Las Palmas Park:
Bid to complete all of the above work at El Toyon Park:
Grand Total for all 3 locations:
Da
$ A01 1 ,J
$ IT 1,,617- :a
$ fo,bis. av
$ 2/ qj D5 v a
Additional, as -needed work:
In the event that the City requires additional as -needed, repair or replacement of
chain -link fences at other City locations, please specify the hourllx rate that you
would charge (not including parts or materials): $ y S.
SIGNATURE SECTION
Failure to complete this section, may cause bid to be deemed unresponsive.F`
Date: P 0 - ° r-
Phone: 6t9 �kaa-S7/7
15 ah
Email: Pt3 Website: ' 3 Cc( ' t Cc)y1
BID ABSTRACT/ANALYSIS 6/15/2004
************INDIVIDUAL BIDS***********
ATTENDED KIMBALL LAS PALMAS EL TOYON TOTAL RECOMMENDED
BIDDER: WALK-THRU PARK PARK PARK BID AWARD
Aztec Fence X $20,773.00 $17,664.00 $10,615.00 $49,052.00 $38,437.00
San Diego *** Kimball & Las
Palmas portions only
American Fence X No Bid: due to time and schedule constraints
Santee
Alcem Fence No Response
National City
Area West Fence X No Response
El Cajon
Nacho Superior Fence No Response: Out of business
Chula Vista
Perfect Fence No Response
Chula Vista
San Diego Fence No Response
San Diego
Southbay Fence No Response
Chula Vista
Valley Fence No Response
Chula Vista
Only Kimball and Las Palmas portions are to be awarded at a total of $38,437
MEETING DATE July E.2004
City of National City, California
COUNCIL AGENDA STATEMENT
AGENDA ITEM NO. 4
(-ITEM TITLE
Resolution accepting the lowest, responsible bid from AZTEC FENCE CO., and authorizing award of Bid #GS0304-
2 for the repair and replacement of athletic field fencing for the Parks Depariznent.
PREPARED BY Brenda E. Hodges, C.P. . DEPARTMENT Purchasing Dept.
(619)336-4570
EXPLANATION
Request for Bids were issued for athletic field fencing at Kimball, Las Palmas, and El Toyon Parks.
Bids were mailed to nine (9) vendors, three of whom attended the mandatory walk-through, and were therefore
qualified to bid. Of the three qualified vendors, one did not respond, another could not bid due to time and schedule
restraints, the third submitted a bid and attended the bid opening on June 10, 2004.
Each job location was bid separately. Although the Clty's intention was to award the contract for all three ballfields,
vendors were informed that depending on budget availability, one or more locations may be deleted.
The total bid submitted by Aztec Fence Co., exceeded budget availability, and the decision was made to postpone
the fencing at El Toyon Park, and award just the Kimball and Las Palmas portions.
The total award to Aztec Fence Co., will be $38,437.00.
Provisions were also included for additional chain link fence repair or services based on an established hourly labor
rate, as needed.
Environmental Review -. N/A
Financial Statement
CIP Funds are available
Approved By:
301-409-500-598-4124: F085588-ector
115-409-500-598-4118: $20,000
Account No.
STAFF RECOMMENDATION
In concurrence with the Acting Director of Parks & Recreation, the Purchasing Agent recommends that the award be
made to Aztec Fence Co., that the Mayor sign the Service Agreement, and that authorization be given to the
Purchasing Agent to issue the resulting purchase order.
BOARD / COMMISSION RECOMMENDATION
not applicable
ATTACHMENTS ( Listed Below) Resolution No.
Bid Abstract
Standard Service Agreement
Resolution
A-200 (9'99)
RESOLUTION NO. 2004 — 116
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY
ACCEPTING THE LOWEST RESPONSIVE,
RESPONSIBLE BID FROM AZTEC FENCE COMPANY,
AND AUTHORIZING AWARD OF BID #GS0304-2
FOR ATHLETIC FIELD FENCING FOR THE
PARKS AND RECREATION DEPARTMENT
WHEREAS, the Purchasing Department of the City of National City did, in
open session on June 10, 2004, publicly open, examine and declare all sealed bids for
athletic field fencing for the Parks and Recreation Department.
NOW, THEREFORE, IT IS HEREBY RESOLVED that the City Council of
the City of National City hereby awards the contract for athletic field fencing to the
lowest responsive, responsible bidder, to wit:
AZTEC FENCE COMPANY
BE IT FURTHER RESOLVED that the City Council of the City of National
City does hereby authorize the Purchasing Agent to execute a purchase order on behalf
of the City between Aztec Fence Company and the City of National City for athletic field
fencing for the Parks and Recreation.
PASSED and ADOPTED this 6th day of July, 2004.
Nick Inzun a, a -or
ATTEST:
!1
Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
Passed and adopted by the Council of the City of National City, California, on July 6,
2004, by the following vote, to -wit:
Ayes: Councilmembers Inzunza, Morrison, Natividad, Parra, Ungab.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY:
NICK INZUNZA
Mayor of the City of National City, California
A
City erk of the City ofjlational City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2004-116 of the City of National City, California, passed and
adopted by the Council of said City on July 6, 2004.
City Clerk of the City of National City, California
By:
Deputy
City of National City
Office of the City Clerk
1243 National City Boulevard, National City, California 91950-4397
Michael R. Della, CMC - City Clerk
(619) 336-4228 Fax: (619) 336-4229
July 22, 2004
Mr. Mario Monroy
Project Manager
Aztec Fence Company Inc
3494 Harris Street
Lemon Grove CA 91945
Mr. Monroy:
On July 6, 2004, Resolution No. 2004-116 was passed and adopted by the
City Council of the City of National City, accepting the lowest responsive,
responsible bid from Aztec Fence Company, and authorizing award of Bid
#GS0304-2 for athletic field fencing for the Parks and Recreation
Department.
We are forwarding a certified copy of the above Resolution and one fully
executed agreement.
Sincerely,
\M
Martha L. Alvarez, CMC
Deputy City Clerk
/mla
Enclosure File No. C2004-31
GI Recycled Paper