HomeMy WebLinkAbout2008-145
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RESOLUTION NO. 2008-145
RESOLUTION OF THE MAYOR AND COMMON COUNCil OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
INCREASE TO PURCHASE ORDER NUMBER 208412 BY AN ADDITIONAL
$22,000 ISSUED TO MATICH CORPORATION FOR ASPHALT MATERIALS.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCil OF THE CITY
OF SAN BERNARDINO AS FOllOWS:
WHEREAS, the current Purchase Order Number 208412 of $24,900 needs to
be increased by $22,000 for a total Purchase Order amount of $46,900;
SECTION 1. The City Manager of the City of San Bernardino is hereby
authorized to execute on behalf of said City a Vendor Service Agreement between the
City of San Bernardino and Matich Corporation, a copy of which is attached hereto,
marked as Exhibit "A", and incorporated herein by this reference as fully as though set
forth at length.
SECTION 2. Pursuant to this determination the Director of Finance or hislher
designee is hereby authorized to increase Purchase Order Number 208412 by
$22,000 to Matich Corporation for a total amount of $46,900.
SECTION 3. This purchase is exempt from the formal contract procedures of
Section 3.04.010 of the Municipal Code, pursuant to Section 3.04.010. B-3 of said
Code "Purchases approved by the Mayor and Common Council".
SECTION 4. The Contract Purchase Order shall reference this Resolution No.
2008 145
and shall read, "Matich Corporation for additional asphalt materials."
SECTION 5. The authorization to execute the above referenced Agreement is
rescinded if it is not executed within sixty (60) days of the passage of this resolution.
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2008-145
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
INCREASE TO PURCHASE ORDER NUMBER 208412 BY AN ADDITIONAL
$22,000 ISSUED TO MATICH CORPORATION FOR ASPHALT MATERIALS.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
Mayor and Common Council of the City of San Bernardino at a j oint regular
meeting thereof, held on the 5 th
day of Mav
, 2008, by the
following vote, to wit:
Council Members: AYES
ESTRADA x
BAXTER
BRINKER x
DERRY x
KELLEY x
JOHNSON x
MCCAMMACK x
NAYS ABSTAIN ABSENT
x
The foregoing resolution
May ,2008.
C\~f.:J. ~
Rac el G. Clark, City Clerk
7/1,/
is hereby approved this
day of
~~
Approved as to form:
By: \..~
Tim Sabo
Special Counsel
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2008-145
WHEREAS, the Mayor and Common Council has determil)ed that it is advantageous
and in the best interest of the CITY to purchase additional asphalt materials; and
WHEREAS, the City of San Bernardino did solicit and accept quotes from a number of
vendors for additional asphalt materials.
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 additional asphalt materials as set forth in Attachment "1" and
incorporated herein by this reference as fully as though set forth at length.
2. COMPENSATION AND EXPENSES.
a. For the services delineated above, the CITY, upon presentation of an invoice, shall
pay the VENDOR an additional $22,000 for additional asphalt materials for a total
amount not to exceed $46,900.
b. No other expenditures made by VENDOR shall be reimbursed by CITY.
3. TERM.
This Agreement will be effective on or about May 5, 2008 through June 30, 2008.
This Agreement may be terminated at any time by thirty (30) days' written notice by
either party. The terms of this Agreement shall remain in force unless mutually amended. The
duration of this Agreement may be extended with the written consent of both parties.
Exhibit "A"
2008-145
1 4. INDEMNITY.
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16 5. INSURANCE.
17 While not restricting or limiting the foregoing, during the term of this Agreement,
18 VENDOR shall maintain in effect policies of comprehensive public, general and automobile
19 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
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Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an
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additional named insured in each policy of insurance provided hereunder. The Certificate of
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24 Insurance furnished to the CITY shall require the insurer to notify CITY of any change or
25 termination in the policy.
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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.
Exhibit "A"
2008-145
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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
12940 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 licenses, 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 licenses, permits,
qualifications, insurance and approval of whatever nature that are legally required of VENDOR
to practice its business or profession.
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Exhibit "A"
2008-145
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NOTICES.
Any notices to be given pursuant to this Agreement shall be deposited with the United
States Postal Service, postage prepaid and addressed as follows:
TO THE CITY:
Public Services Director
300 North "D" Street
San Bernardino, CA 92418
Telephone: (909) 384-5140
TO THE VENDOR:
Matich Corporation
1596 Harry Sheppard Blvd.
San Bernardino, CA 92408
Telephone: (909) 382-7423
Contact: Patrick Matich
9. 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.
10. ASSIGNMENT.
VENDOR shall not voluntarily or by operation of law assIgn, transfer, sublet or
encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior
written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void
and shall constitute a breach of this Agreement and cause for the termination of this
Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR
Exhibit "A"
2008-145
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of VENDOR's obligation to perform all other obligations to be performed by VENDOR
hereunder for the term of this Agreement.
11. 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
mandatory and not permissive in nature.
12. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
13. 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.
14. 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.
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Exhibit "A"
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2008-145.
VENDOR SERVICE AGREEMENT
MATICH CORPORATION
15. 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: N\4y I $ , 2008
VENDOR
By:
P~A,A{~
V.l/~
I
Its:
Dated //la~ 7 , 2008
/
By:
Fre
Approved as to Form:
Exhibit "A"
~ORATION Attachment "1"
. EFFECTIVE MARCH 1,2008
ASPHALT MATERIAL PRICES FOB PLANTS
3/4" PG 64-10 OR PC 70-10 $58.00 PER TON
112" PG 64-10 OR PG 70-10 SS8.OO PER TON
1Il" FINE ASPHALT 559.00 PER TON
318" PG 64-10 OR PG 70-10 S6O.OOPERTON
318" FINE ASPHALT 561.00 PER TON
TOPEKA MIX 561.00 PER TON
SHEETS $61.00 PER TON
BERM $64.00 PER TON
COLD MIX 565.00 PER TON
ssm (REDLANDS ONLY) 57.00 PER GALLON
BUCKETS FOR SSIH S10.00 EACH
CRUSHED MISe BASE SI5.00 PER TON
DUMP BROKEN ASPHALT & CONCRETE (BANNING AND REDLANDS:
BOBTAIL
$35.00 PER LOAD
10 WRERI.ER
$50.00 PER LOAD
SUPER lOISTRONG ARM
575.00 PER LOAD
SEMI END DUMP
SI00.00 PER LOAD
TRUCK & TRANSFER
. 5100.00 PER LOAD
NO CHARGE FOR DISPOSAL OF CLEAN ASPHALT GRlNDINGS - RlALTO PLANT ONLY.
*** ALL PRICES SUBJECf TO SALES TAX ***
***ALL PRODUcrs-ARE SUBJECT.TO A v AILABn.TY AND PRICING ADJUSTMENTS.'**
. . APR~15-2008 TUE 10:04 AM
.......-. _.- -_.- .--
FAX NO.
P, 01/01
JULY 1,2001
Page 1 ofl
Chuck Chaple
frDn\: Tina Anderson
sent: TUGsday. April 15. 2008 p~34 AM
To~ . Chuck Chaple I
SubjRt F.O.B. PRices ~ NOTE THAT ORIGINAL WAS SEND OUT 5123106
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MAY 23, 2006IREVlSED JUL Yj 10.2006
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ATTENTION PURCHASING DEPARTMENT: EFFECTIVE IMMEDIA TEL YI!!
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NEW PRICES ON MAT~ PURCHASED FROM JULY 1,2006 THROUGH DECEMBER 31,2006
UPQNAVAlLABILttYONLYllll SUBJECT TO CHANGE. Ill... PLBASE NOTE CORRECTED
SAND/AGGREGATE PRICES MY ARB EFFICTIVE AUGUST 1~ 2006.... TIIANKS
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TYPE ! PRICE PER TON/PLUS TAX.
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AC REG. MIXES! $64.96/fN
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RUBBBR&LATEX! SlOO.OOrrN
%"ROCK
14.00/fN
Yi"ROCK
14.QOITN
CLASS n BASElCMB
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THE ABOVE PRJCES ARE Aj.L F.O.B. ALL PLANTS
AGGREGATE PRICES ARB ~L F.O.B. CORONA PLANT ONLY .
WE APPRECIATE YOUR PA~ BUSINESS, AND LOOK FORWARD TO SERVING YOU IN THE
FUTURE. !
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14.00ffN
318UROtK
ROCK DUST
14.00rrN
14.001fN
WASHED SAND
14.00,n'N
SINCEREL Yt
ALL AMERICAN ASPHALT!
I
TINA ANDERSON FOR I
DAN SISEMORE I
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V U.1.l;a.1l lYJa. l:.ta-1a..1.b
~/.1.0/~VVO .1.~:V~:VO p~ Pftu~
t:../vvt:..
r o.A \JV'~ V V'.L
~m!t~~I~..\~~l.~~~."\~~~'!~,~~,W!~~
Attn: Eddie Fax 909-384-5190
San Bernardino / City Of
Street Division
San Bernardino, CA 92408
Acct #: 0630081
Project: FOB San Bernardino
FOB
,CA
Date:
Tuesday. April 15. 2008
Sales Rep:
Chris Boubel
Quote #:
Quote Name:
l-C4UA31
l-C4UA31
boubelC@vmcmail.com
(323)474-3616
Effective From: Tuesday, April 15, 2008
Version #: 1
Quote Expiration:
Thursday, May 15. 2008
Special Instructions:
FOB prices are subject to change at any time.
Asohalt
. Plant
San Bernardino Asph
Product Name
ST1/2MM 64-10RAP
Product
B5X
Qty.
20
U/M
TONS
EO.B. Tax
$59.00 $4.72
EO.B.
Taxlncl.
$63.72
AU taxes applicable to the sale or delivery of materials will be invoiced to and paid by the customer. Terms are Net 30. Please note standard
terms and conditions apply.
This quote is limited to acceptance within 30 days from the date of this quotation after which time quotation is subject to review/revision.
Please contact Sales prior to placing the order.
Accepted by:
Sales Representative:
Date:
Date:
We appreciate the opportunity to provide you this quote and trust that Vulcan will have the pleasure serving your needs for this and future
projects.
Quotation generated on 4/15/2008