HomeMy WebLinkAbout2008-157
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RESOLUTION NO.~08-157
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $300,000 TO
AMERICAN ASPHALT SOUTH, INC. FOR THE SLURRY SEAL PROGRAM.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
WHEREAS, The City of San Bernardino has accepted American Asphalt
South, Inc.'s offer to piggyback on the City of Vista's purchase price for the FY 07-08
slurry seal program;
SECTION 1. That the City Manager of the City of San Bernardino is hereby
authorized to execute on behalf of said City an Agreement between the City of San
Bernardino and American Asphalt South, Inc., a copy of which is attached hereto,
marked Exhibit "A" and incorporated herein by reference as fully as though set forth at
length;
SECTION 2. This agreement conforms to the requirements of the City of San
Bernardino Municipal Code Section 3.04.010 B-2.
SECTION 3. Pursuant to this determination, the Finance Director or hislher
designee is hereby authorized to issue a purchase order to American Asphalt South,
Inc., in the amount of $300,000; said Purchase order shall reference this Resolution
No. 2008 157
and shall read, "American Asphalt South, Inc., for additional FY 07-
08 slurry seal services throughout the City of San Bernardino."
SECTION 4. The authorization to execute the above referenced Agreement and
Purchase Order is rescinded if it is not issued within sixty (60) days of the passage of
this resolution.
2008-157
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $300,000 TO
AMERICAN ASPHALT SOUTH, INC. FOR THE SLURRY SEAL PROGRAM.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
Mayor and Common Council of the City of San Bernardino at a ioint regular
meeting thereof, held on the 19th day of May
, 2008, by the
following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA x
BAXTER x
BRINKER x
DERRY x
x
KELLEY
JOHNSON x
MCCAMMACK x
~}J.~
I . f~chel ~ ~~ Cjty Clerkj::J I-
~ '4.--.4.- N~ !J~ ~
is hereby approved this c:J;I;.(J day of
The foregoing resolution
May , 2008.
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2008-157
VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 19th day of May 2008, by and
between American Asphalt South, Inc. ("VENDOR") and the City of San Bernardino ("CITY"
or "San Bernardino").
WITNESSETH:
WHEREAS, the Mayor and Common Council has determined that it is advantageous
and in the best interest of the CITY to execute an agreement and purchase order for the FY 07-
08 slurry seal program; and
WHEREAS, the City of San Bernardino has accepted American Asphalt South, Inc's.,
offer to piggyback on the City of Vista's purchase price for the FY 07-08 slurry seal program.
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
, ,
.< :
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For the remuneration stipulated, San Bernardino hereby engages the services of
VENDOR to provide 1,130,019 square feet of rubberized slurry seal at a cost of 20 cents per
square foot per the proposed 2007-2008 Slurry Seal list, attached hereto as Attachment "1" and
incorporated herein by this reference. The parties may agree to modify said Attachment "1," in
writing, if said modification is in the best interests of the City.
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 $300,000 for the FY 07-08 slurry seal
program as set forth in Attachment" 1."
b. No other expenditures made by VENDOR shall be reimbursed by CITY.
3. TERM.
The term ofthis Agreement shall be for a period of one year.
EXHIBIT "A"
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2008-157
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.
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 foregoing, during the term of this Agreement,
VENDOR shall maintain in effect policies of comprehensive public, general and automobile
liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory
worker's compensation coverage, and shall file copies of said policies with the CITY's Risk
Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an
additional named insured in each policy of insurance provided hereunder. The Certificate of
2008-157
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Insurance furnished to the CITY shall require the insurer to notify CITY of any change or
termination in the policy.
6. NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees,
VENDOR shall not 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.
III
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2008-157
9. NOTICES.
Any notices to be given pursuant to this Agreement shall be deposited with the United
States Postal Service, postage prepaid and addressed as follows:
TO THE CITY:
Public Services Director
300 North "D" Street
San Bernardino, CA 92418
Telephone: (909) 384-5140
TO THE VENDOR:
American Asphalt South, Inc.
14436 Santa Ana Avenue
Fontana, CA 92337
Telephone: (909) 427-8276
Contact: Jeff Petty
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 ofthis 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
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
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2008-157
of VENDOR's obligation to perform all other obligations to be performed by VENDOR
hereunder for the term ofthis 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
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
proVtSlOnS.
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.
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2008-157
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VENDOR SERVICE AGREEMENT
AMERICAN ASPHALT SOUTH, INC.
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
ft/
Dated: ;JP,,~.? , 2008
Dated /0:~ ,;{/ , 2008
Approved as to Form:
,
.
Attachment "1"
CITY OF SAN BERNARDINO
PUBLIC SERVICE DEPARTMENT
STREET DIVISION
PROPOSED SLURRY 2008
2008-157
WARD TYPE LOCATION SQUARE FEET
1 2 3rd St from Arrowhead Ave. to Waterman Ave. 174,204
Total 174,204
2 2 I St from 21st St to terminus 67,376
2 Miramonte Dr. from 23rd St to 27th St 22,048
2 25th St from Miramonte Dr. to terminus 10,880
2 26th S.t from Miramonte Dr. to terminus 14,620
2 24th St from Muscuniabe Dr. to Davidson Ave. 23,902
2 26th St from Muscuoiabe Dr. to Serrano Rd. 12,173
Total 150,999
3 2 E St from OraiiCe Show Rd. to Mill St 150,000
Total 150,000
4 2 Terracita Rd. from Mountain Ave. to terminus 2,580
2 Camellia from Dillson Dr. to terminus 6,851
2 ConelO from 40th St to Andreas Ave. 24,672
2 Deauville Ct from Conejo Dr. to terminus 7,008
2 Ferndale Ave. from Del Monica Ave. to Andres Ave. 18,480
2 Andres Ave. from Ferndale Ave. to terminus 22,440
2 Del Monica Ave. from Conejo Ave. to Ferndale Ave. 22,605
2 Dillson Dr. from Mountain Ave. to terminus 5,408
2 Mountain Ave. from 40th St to Terracita Rd. 21,648
2 Dwiaht from 39th to Ralston 22,496
Total 154,188
5 2 Kendall Dr. from Little Mountain to Wilderness Wav. t50,000
Total 150,000
6 2 Gardena from 27th St to Porter St 10,830
2 Porter St from California St to 30th St 75348
2 27th St from Wilson St to 1-210 Underpass 25419
2 Wilson St from 27th St to 28th St 20091
Colima Ave. from 28th St to terminus 25,970
Total 157,658
7 2 Parkdale Dr. from Waterman Ave. to Sierra Wav 100,170
7,5 2 E st from Kendall Dr. to 34th 92,800
Total 192,970
GRAND TOTAL 1,130,019
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