HomeMy WebLinkAbout2009-201
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RESOLUTION NO. ?OOQ-?Ol
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 $45,000 TO
HOLLIDAY COMPANIES FOR CONCRETE MATERIALS.
WHEREAS, Holliday Companies submitted the lowest bid for the purchase of
concrete materials per RFQ F-09-15;
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. 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 Holliday Companies, 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. That pursuant to this determination the Director of Finance or her
designee is hereby authorized to issue a purchase order to Holliday Companies in the
amount of $45,000 for FY 09-10.
SECTION 3. The Purchase Order shall reference this Resolution Number and
shall read, "Holliday Companies for the purchase of concrete materials. Agreement
not to exceed $45,000" and shall incorporate the terms and conditions of the
agreement.
SECTION 4. The authorization to execute the above referenced Purchase
24 Order and Agreement is rescinded if it is not executed by both parties within sixty (60)
25 days of the passage of this resolution.
26 III
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2009-201
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
2 ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $45,000 TO
HOLLIDAY COMPANIES FOR CONCRETE MATERIALS.
3
4
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
5 Mayor and Common Council of the City of San Bernardino at a joint regular
6 meeting thereof, held on the
7
8
6th
day of
July
, 2009, by the
following vote, to wit:
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Council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA x
BAXTER x
BRINKER x
x
SHORETT
KELLEY x
JOHNSON x
x
MCCAMMACK
~~;J. /J.~
Rac el G. Clark. City Clerk
1'J:!:.
The foregoing resolution IS hereby approved this '1 day of
Julv , 2009.
~.
r----...
atric J. Morris,~
City of San Bernardino
24 Approved as to Form:
25 By, ~_ 1-. f ""'--
Ja es F. Penman
26 ($; ty Attorney
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VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 6th day of July 2009, by and
between Holliday Companies ("VENDOR") and the City of San Bernardino ("CITY" or "San
Bernardino").
WITNESSETH:
WHEREAS, the Mayor and Common Council has deternlined that it is advantageous
and in the best interest of the CITY to acquire concrete materials; and
WHEREAS, the City of San Bernardino did solicit and accept bids from available
vendors for concrete materials per RFQ F-09-l5; and,
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 RFQ F-09-15, a copy of which
is attached hereto as Attachment "I" and incorporated by this reference.
2. COMPENSATION AND EXPENSES.
a. For the services delineated above, the CITY, upon presentation of an invoice, shall
pay the VENDOR up to the amount of $45,000, for the purchase of concrete
materials.
b. No other expenditures made by VENDOR shall be reimbursed by CITY.
3. TERM; TERMINATION.
The tenn of this agreement shall be from July 6,2009 through June 30, 2010.
This Agreement may be tenninated at any time by thirty (30) days' written notice by
either party. The ternlS of this Agreement shall remain in force unless amended by written
Exhibit "A"
2009-201
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agreement of the parties executed on or before the date of expiration of current term of the
agreement.
4. INDEMNITY.
Vendor agrces to and shall indemnify and hold thc City. its elected officials. employees,
agents or representatives, free and harmless from all claims. actions, damages and liabilities of
any kind and nature arising from bodily injury. including death, or property damage. bascd or
asserted upon any or alleged act or omission of V cndor. its employees. agents, or
subcontractors. relating to or in any way connected with the accomplishment of the work or
performance of service under this Agrccmcnt. unless the bodily injury or property damage was
actually causcd by the sole negligence of the City. its elcctcd ot1icials. employees, agents or
representatives. As part of the foregoing indemnity. Vendor agrees to protcct and defend at its
own expense, including attorncy's fees the City. its elected officials. employees_ agents or
representatives from any and all legal actions based upon such actual or allcged acts or
omiSSions. Vendor hereby waives any and all rights to any types of express or implied
indemnity against the City. its elected officials. employees. agents or representatives, with
respect to third party claims against the Vcndor relating to or in any way connected with the
accomplishment ofthc work or performance of services under this Agreement.
5. INSURANCE.
While not restricting or limiting the foregoing. during the term of this Agreement,
VENDOR shall maintain in cffcct policics of comprehensive public. general and automobile
liability insurance, in the amount of $1.000.000.00 combined single limit, and statutory
worker's compensation coveragc, and shall tile copies of said poiicies with the CITY's Risk
Manager prior to undcrtaking any work under this Agrcement. CITY shall be set forth as an
additional named insurcd in each policy of insurance providcd hereunder. The Certificate of
Exhibit "A"
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Insurance furnished to the CITY shall require the insurer to notify CITY of any change or
termination in the policy. Insurer shall give CITY 30 days notice prior to enactment and any
change or termination of policy.
6. NON-DISCRIMINATION.
[n 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 becausc of their race. religion, color, national origin,
ancestry, age, mental or physical disability. medical conditions, marital status, sexual gender or
scxual orientation, or any other status protected by law.
7. INIH;;PENDENT CONTRACTOR.
VENDOR shall perform work tasks provided by this Agrcement, but for all intents and
purposcs 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. agcnts, and
employees. and all business licenses. if any are requircd, 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
ccrtificate 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
Exhibit "A"
,
J
2009-201
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NOTICES.
Any notices to be given pursuant to this Agreement shall be depositcd with the United
States Postal Service. postage prepaid and addressed as follows:
TO TilE CITY:
Public Services Director
300 North "0" Street
San Bernardino. CA 92418
Telephone: (909) 384-5140
TO TilE VENDOR:
Ilolliday Companies
2193 West Foothill Blvd
Upland. CA 91786
Telcphone: (909) 982-1553
Contact: Mikc Olivcr
9. ATTORNEYS' FEES.
In the event that litigation is hrought hy any party in connection with this Agreement,
the prevailing party shall he entitled to recover li'om the opposing party all costs and expenses.
including rcasonahlc attorncys' Iccs. incurred by the prcvailing party in the cxercise of any of
its rights or remedies hercunder or the enforcement of any of the terms, conditions or
provisions hereof. The costs. salary and expenses of the City Attorney and memhers of his
office in enfiJrcing this Agreement on hehalf of the CITY shall he considered as "attorneys
ICes" for the purposcs of this paragraph.
10. ASSIGNMENT.
VENDOR shall not voluntarily or hy operation of law assIgn, transli:r, suhlct or
encumher all or any part of the VENDOR's intcrest in this Agreement without CITY's prior
written consent. Any attemptcd assignmcnt. transfer_ subletting or cncumbrance shall be void
and shall constitute a hreach 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"
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of VENDOR's obligation to perform all other obligations to be perfiJrmed by VENDOR
hereunder for the term of this Agreement.
11. VENUE.
The partics hcreto agree that all actions or proceedings arising in connection with this
Agrcemcnt shall be tricd 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 vcnue 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 ofCalilixnia.
13. SUCCESSORS AND ASSIGNS.
This Agreement shall be binding on and inure to the benelit of the parties to this Agrccment
and thcir respectivc heirs. representatives. successors. and assigns.
14. HEADINGS.
Thc subject headings of the sections of this Agreement are included for the purposes of
convel1lence only and shall not aflect thc construction or the interpretation of any of its
provIsions.
15. SEVERABILITY.
If any provision of this Agrecment is dctermined by a court of competcnt jurisdiction to
be invalid or unenforceable for any reason, such determination shall not aflect the validity or
enforccability of the remaining terms and provisions hereof or of the offending provision in any
other circumstance, and the remaining provisions of this Agreement shall remain in full force
and e flect.
Exhibit "K
5
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2009-201
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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 modi tied or amcnded only by a written instrument
executed by all parties to this Agreemcnt.
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2009-201
VENDOR SERVICE AGREEMENT
IIOLLIDAY COMI'ANIES
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and
date set forth below.
Dated: /<..>...."'1 II , 2009
By:
Dated Q/~ ') .2009
12 Approvcd as to Form:
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2009-201
ATTACHMENT "1"
~\)?l
')~C;'"
2193 WEST FOOTHILL BLVD., UPLAND, CA 91786 . 909-982-1553 FAX 909-949-6315
Qualifications. Related Experience and References
Holliday Companies
Mailing Address:
2193 Foothill Blvd
Upland. CA 91786
Phone: 888-273-2200
Fax: 909-949-6315
Local Plant, San Bernardino:
Holliday Trucking, lnc.
2300 E. Baseline Rd
San Bernardino, CA 92410
Holliday Companies has been in the construction materials industry since 1937.
Headquartered in Upland California, Holliday Companies has plant locations in San
Bernardino, Colton, Romoland, Irwindale, Irvine, Palrndale, Adelanto, Santa Clarita,
Ridgecrest, Tehachapi, and Bakersfield. We currently provide the following materials:
ready mix concrete, asphalt, rock, and sand. Holliday Companies has in excess of300+
employees.
Holliday Companies currently has contracts to provide concrete and/or asphalt with the
cities of Chino, Ontario and Rancho Cueamonga. In addition, we are providing material
for numerous CAL TRANS projects, including the 10 and 215 Freeways.
Bid shall remain valid for a period of 90 days from May 27, 2009.
Primary Contact:
Mike Olivier
Are,s.J= ~
Phone: 951-218-7771
~ 'J
Signature: ,
Date: "-27.0'1
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2009-201
RFQ 1'-09-15
Concrete (Re-Bid)
City of San Bernardino
TECHNICAL SPECIFICATIONS
RFQ F-09-15
CONCRETE MATERIALS (RE-BID)
NOTICE : "SPECIAL INSTRUCTIONS TO THE BIDDER"
The Public Services Department, Streets Division is responsible for maintaining
all curbs, and gutters in the City. The intent of this document is to solicit
proposals from qualified vendors with experience in providing concrete materials.
The City is looking for the most responsive and responsible vendor that will be
committed to provide the City of San Bernardino with concrete materials.
Through a competitive qualification and bid based procurement process, the City
of San Bernardino intends to enter into an agreement with a qualified vendor for
concrete materials.
Services:
Bidder shall complete right-hand column indicating brief reasoning for
exceptions to requirements when not acceptable. State "Acceptable" if
requirements are agreeable as set forth in left-hand column,
Whenever the terms "Standard Specifications" is used, it shall mean the
"Standard Specifications for Public Works Construction, latest edition." In
case of conflict between these specifications and Standard Specifications,
these specifications shall take precedence over and be used in lieu of the
Standard Specifications.
FAILURE TO COMPLETE RIGHT HAND COLUMN WILL INVALIDATE BID
CATEGORY I ACCEPTABLE I AS SPECIFIED
1. CONCRETE MATERIALS A(.<.c Y';Z>?' \.-C
The City of San Bernardino Public Services
Department requires an annual concrete materials * CX<.cIT" L=-> L"-'> --. ~ 'S
contract. The materials requested will be available 'f'(tI (..\!"'? ?lZlL L\J~\ t... '-( '><U?
for delivery to projects located throughout the City AS. rEL \~Ov"Tn..'-'\.
of San Bernardino. All fuel surcharges per load, ST'-',..>O."CL:7~
taxes, delivery costs shall be included for materials
ordered,
Concrete materials shall be freshly mixed and
unhardened and shall be in accordance with the
Standard Specifications for Public Works
Construction, latest edition and the City Standards,
9
2009-201
RFQ 1'-09-15
Concrete (Re-Bid)
AJlloads of materials shall be priced on a per-load Au...iZ f7\A'bl-f:
basis.
2. ENVIRONMENTAL FEE '* 1i'Z.o.oo "~(L "v>AO /
-nt"<-I:::
If applicable, please provide an environmental fee
that is a fixed fee per load of concrete.
3. GREEN BOOK STANDARDS PER TABLE 201-
1.1.2 (A) AGLiZ\'~A\7"C
The vendor must be able to provide the following
concrete types:
(520-A-2500)
(520-C-2500)
(560-C-32503)
(1 00-E-1 00)
4. PRICING
Au..\::I'TAI':>'-C
Provide a pricing proposa I that is a fixed fee per
yard of concrete for each concrete material type,
The yard price shall be based on a 9 to 10 yard
order.
Also include a price per yard for an order less than
9 yards for all concrete types,
'Pricing shall be good through June 30, 2010.
5. REFERENCE LIST ALL-:;I'\1:>" ,-"
Provide three (3) local government agencies ;It.SG'~ A""',Po,(,,"'IC<7
and/or company's previous or current contact
references that support your ability to provide
concrete materials.
6. CONTRACT LENGTH AL<fir;rn"~
if< OrTIO>-1';, l1> DU U:;ccsn/5'\\;,""
The length of this contract shall be for one (1) year B~~tt.G \'\.\~ c;.\"""~n..r D\-
with three (3) one-year extensions at the City's "'1'l-'>C tJ.Z~ ""l..!"tJ1-.
option.
7. REFERENCE LIST
10
2009-201
RFQ 1'-09-15
Concrete (Re-Bid)
Provide three (3) local government agencies A~f'm'b\Z
and/or company's previous or current contact
references that support your ability to provide
reliable concrete materials.
8. LICENSES
AUx.\'-=""~
The vendor represents that it has all licenses,
permits, qualifications and approvals of whatever
nature that are legally required to provide concrete
materials, including a City business License, and
that such licenses and approvals shall be
maintained throughout the term of this Contract.
11
2009-201
RFQF-09-15
Concrete (Re-Bid)
PRICE FORM
REQUEST FOR QUOTES:
RFQ F-09-15
DESCRIPTION OF RFQ:
Concrete Materials (RE-BID)
COMPANYNAMElADDRESS: UOL-,-,OA""\ 1/LU(c-,.J(' \."J(.,
7~o l'"7". \2-,AC,~LlI....'''';- 2.\7,
SA..,) 'i>,':;:<1.o-Jr:l(\.() ,,--'0, C'-'\ '17'--1 \ 0
NAME OF AUTHORIZED
REPRESENTATIVE
IIL"-
PRINT NAME
TELEPHONE NO.
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x 7,'--lLl
FAX NO.
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Concrete Arm Fixed Delivery Fuel Environmental Sub-Total Short Load Fee
Type Fee Per Charge Surcharges Fee Per Yard (orders
less than 10 yard If
applicable)
a) (520-A-2500) ~?.SO 0 D 120 R::t.l.olD ~.c;v $ 10.= ?'::IL '-lAW """,\>>..drl-i
b) (520--C-2500) ~LSD 0 0 '/J70 'Pt71l,......d7 8"2..$0 $IO.DV ?w..z. '"<b<lP '"-'<5f' TI>U'/'o
c) (56O--C-3250,) hS.DO 0 n 170 r,:-(t l"",O g<;'.oD $\0 ,,~ ?~ '-<<I1.<>.....;r ThP'
So. IS () '/Jw ?.,:It-~Q lu.IS ,
d) (1 00-E-1 00) rJ $looO?,~ ~>-fl.Q Nd:" ,J.."",
:
TOTAL FIRM FIXED PRICE: $ 32.0. IS
s~ I,A)< Ib 'b~ /4.l?(?i:O A"I .A 11.A\~ Ol~ C\.oo '/.
i
(Revised 5/19/09)
16
