HomeMy WebLinkAbout2010-282
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RESOLUTION NO. 2010-282
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
AND ISSUANCE OF AN ANNUAL PURCHASE ORDER IN THE AMOUNT OF
$47,600 WITH FOUR (4) ONE-YEAR EXTENSIONS AT THE CITY'S OPTION TO
CALPORTLAND COMPANY FOR CONCRETE MATERIALS.
WHEREAS, CalPortland Company submitted the lowest bid for the purchase of
concrete materials per RFQ F-1 0-22;
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
CalPortland Company, 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 an annual purchase order to CalPortland Company in the
amount of $47,600 for FY 10-11 with four (4) one-year extensions at the City's option.
SECTION 3. The Purchase Order shall reference this Resolution Number and shall
read, "CalPortland Company for the purchase of concrete materials. Agreement not to exceed
$47,600" and shall incorporate the terms and conditions of the agreement.
SECTION 4. The authorization to execute the above referenced Purchase Order and
Agreement is rescinded if it is not executed by both parties within sixty (60) days of the
passage of this resolution.
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2010-282
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
AND ISSUANCE OF AN ANNUAL PURCHASE ORDER IN THE AMOUNT OF
$47,600 WITH FOUR (4) ONE-YEAR EXTENSIONS AT THE CITY'S OPTION TO
CALPORTLAND COMPANY FOR CONCRETE MATERIALS.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and Common Council of the City of San Bernardino at aj oint regular meeting thereof, held
on the 16th day of August
, 2010, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN ABSENT
MARQUEZ X
DESJARDINS X
BRINKER X
SHORETT X
KELLEY X
X
JOHNSON
MCCAMMACK X
a~.h,~
Racher G. Clark, City Clerk
The foregoing resolution is hereby approved this / pm day of.. August
2010.
~ayor
City of San Bernardino
Approved as to Form:
2010-282
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VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 16th day of August 2010, by and
between CalPortland Company ("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 acquire concrete materials; and
WHEREAS, the City of San Bernardino did solicit and accept bids from available
vendors for such concrete materials per RFQ- F -10- 22; 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-I0-22, for concrete
materials, dated May 3, 2010, attached hereto as Attachment "I" and incorporated herein by
this reference. This Agreement supersedes any inconsistent provision of any prior Agreement
between the parties respecting the goods and services to be delivered hereunder.
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 $47,600, for the purchase of concrete
materials.
b. No other expenditures made by VENDOR shall be reimbursed by CITY.
3. TERM; TERMINATION.
The term of this agreement shall be from August 16,2010 through June 30, 2011, with
four (4) one-year extensions at the City's option. Option year one, if exercised, shall be
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2010-282
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effective July 1,2011 through June 30, 2012. Option year two, if exercised, shall be effective
July 1, 2012 through June 30, 2013. Option year three, if exercised, shall be effective July 1,
2013 through June 30, 2014. Option year four, if exercised, shall be effective July 1, 2014
through June 30, 2015.
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 amended by written
agreement of the parties executed on or before the date of expiration of current term of the
agreement.
4. INDEMNITY.
Vendor agrees to and shall indemnify and hold the 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, based or
asserted upon any or alleged act or omission of Vendor, its employees, agents, or
subcontractors, relating to or in any way connected with the accomplishment of the work or
performance of service under this Agreement, unless the bodily injury or property damage was
actually caused by the sole negligence of the City, its elected officials, employees, agents or
representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its
own expense, including attorney's fees the City, its elected officials, employees, agents or
representatives from any and all legal actions based upon such actual or alleged 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 Vendor relating to or in any way connected with the
accomplishment of the work or performance of services under this Agreement.
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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
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.
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.
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.
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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.
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:
CalPortland Company
2400 W Highland Avenue
San Bernardino, CA 92407
Telephone: (909) 445-8146
Contact: Benjamin Stone
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.
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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
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
convemence only and shall not affect the construction or the interpretation of any of its
proVIsIOns.
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15. SEVERABILITY.
If any provision of this Agreement is determined by a court of competent jurisdiction to
be invalid or unenforceable for any reason, such determination shall not affect the validity or
enforceability 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 effect.
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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2010-282
VENDOR SERVICE AGREEMENT
CALPORTLAND COMPANY
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IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and
date set forth below.
Dated: c:p- 2?~ ,2010
Dated __,2010
Approved as to Form:
CALPORTLAND COMPANY
7
2010-282
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2010-282
RFQ F-IO-22
C L\n~rete :\hteriab
City of San Bernardino
TECHNICAL SPECIFICATIONS
RFQ F-10-22
CONCRETE MATERIALS
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 bef\.veen 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 f AS SPECIFIED
1. CONCRETE MATERIALS
The City of San Bernardino Public Services
Department requires an annual concrete materials
contract. The materials requested will be available
for delivery to projects located throughout the City
of San Bernardino. All fuel surcharges per load,
taxes, delivery costs shaH 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. ^-..c..Cl::Pi-I.I..e.u..
9
2010-282
RFe) F-I 0-22
(~L\11i..'retc \:la(~fiajs
AU loads of materials shall be priced on a per-load
basis.
2. ENVIRONMENTAL FEE
If applicable, please provide an environmental fee
that is a fixed fee per load of concrete.
A.CCJE;PlA,\C:AE;;
3. GREEN BOOK STANDARDS PER TABLE 201-
1.1.2 (A)
The vendor must be able to provide the following
concrete types:
(520-A-2500)
(520-C-2500)
(560-C-32503 )
(1 OO-E-1 00)
A,cC6p,6.e.L...E.
4. PRICING
Provide a pricing proposal 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 I I
9 yards for all concrete types.
*Pricing shall be good through June 30, 2011.
A~'6.BLE
5. REFERENCE LIST
Provide three (3) local government agencies
and/or company's previous or current contact
references that support your ability to provide
concrete materials.
~cc.0:P\L--..~
6. CONTRACT LENGTH
The length of this contract shall be for one (1) year
with four (4) one-year extensions at the City's
option.
kCE;~~LE
7. LICENSES
10
2010-282
RFQ F-IO-22
Conc:rek Vlakrials
The vendor represents that it has all licenses,
permits, qualifications and approva Is of whatever
nature that are legally required to provide concrete
materials, including a City business License, and
that such licenses and approvals shaii be
maintained throughout the term of this Contract.
~pp.gLE
II
2010-282
Exhibit "A"
REVISED PRICE FORM
REQUEST FOR QUOTES: RFQ F-10-22
DESCRIPTION OF RFQ: Concrete Materials
COMPANY NAMEfADDRESS: C'At-~\2.T\.-6..tJ-D
2400 W. L\ \<::8c-lLA4= A\lENUe
64.1J 6El2-1-.1A~! NO I CA 9240/
NAME OF AUTHORIZED
REPRESENTATIVE
e.Ei~.)A~\l-.l "5.0~
PRINT NAME
~AI-I\ \,..J S"C>~E;
(0t9)4S5"' g\~
TELEPHONE NO.
FAX NO.
(909)941 5/\,
Concrete
Type
Firm Fixed
Fee Per
Yard
Delivery
Charge
Envir~UrChargeS
Fee Per Each Fee Per Each
Truckload Truckload
~hort Load
. / Charge Per Yard -
Under 10 Yards
TOTAL
~S4~ l-.l/A 4t~~ c-J/n. -f, 1<;; 4c 4to~/ot
a) (520-A-2500) $':::1 .-
~S'Z ~ ~'20~ ,e.. <t.\D~ !e-y
b) (520-C-2500) I-l/A. h)/A. $54-- \i;'
c) (560-C-32503) ~54~ bif'" ~2IP~ ~/h. $5,",~ ~ ~\c>~ Ic-'f
d) (100-E-10Q) 4~~ !.jIb. '-ZDe::: "NIt>. $4l~ % ~l~ '::: le>{
TOTAL FIRM FIXED PRICE:
$ZtF}~ H
~CU6>\C '-/A~ pa.\~ t...Jc-uJt;>\~ ~\I.l~>-l~o..'- r::=
;M:.SvI-A €If MlXE? A.I:">;c..~O {oJC.LVo:>l..Jc..- BJ"v',I2.?NM~L ;::=GEe
~
CAl?ORTLANO"
CalPortland Company
695 S. Rancho Avenue
BENJAMIN STONE
SALES REPRESENTATIVE
MATERIAlS GROUP - INLAND REGION
D1R: (909) 430-2761
CEU-: (909) 455-8146
FAX: (909) 430-2792
E-mail: bstone@calportland.com
2
2010-282
Exhibit "A"
REVISED PRICE FORM (Continued)
ANNUAL PURCHASE ORDER
Effective on or about July 1, 2010 through June 30, 2011 plus four (4) single-year renewal
options, for City's requirements.
Option year one if exercised, shall be effective July 1,2011 through June 30,2012.
Option year two if exercised, shall be effective July 1, 2012 through June 30, 2013.
Option year three if exercised, shall be effective July 1,2013 through June 30, 2014.
Option year four if exercised, shall be effective July 1, 2014 through June 30, 2015.
Actual option year pricing shall be negotiated with the successful Bidder(s) prior to exercising
of any given option year. Option years shall become effective only upon issuance by the City of
a duly authorized Purchase Order.
Are there any other additional or incidental costs, which will be required by your
firmin order to meet the requirements of the Technical Specifications? Yes /
~~. (circle one). If you answered "Yes", please provide detail of said additional
costs:
Please indicate any elements of the Technicai Specifications that cannot be met by
your firm.
t-J/A
Have you included in your bid all informational items and forms as requested@)*
I No (circle one). If you answered "No", please explain:
~lu<:tN~ Cef"'l ~ ~\->J.~S C6~-r\~-.E:, AI-l"l b.Ol:7\\w,Jl'>i- t:>oO'M.~"\"1O,..J
A. v A 1 LA E>lJ::
This offer shall remain firm for 90 days from RFQ close date.
3
2010-282
Exhibit "A"
REVISED PRICE FORM (Continued)
Terms and conditions as set forth in this RFQ apply to this bid.
Cash discount allowable %
are: Net thirty (30) days.
days; unless otherwise stated, payment terms
In signing this bid, Bidder warrants that all certifications and documents requested
herein are attached and properly completed and signed.
From time to time, the City may issue one or more addenda to this RFO. Below,
please indicate all Addenda to this RFO received by your firm, and the date said
Addenda was/were received.
Verification of Addenda Received
Addenda No:
Addenda No:
Addenda No:
1
Received on: JU>-./E1G.ZoIO
Received on:
Received on:
AUTHORIZED SIGNATURE:
~s;=-1-
-~
PRINT SIGNER'S NAME AND TITLE: ~l-U~MI,.J ~E
8AL-E.5 P-E~,A"f\V~ MA.<ffi'(21b1,...; G.1'2ovp
DATE SIGNED:
06I"Z-~ i''>O
COMPANY NAME & ADDRESS:
C6.Lfb~D
2400 W. 41c;.\..\L~t-lD f:,.V6
~e;:::;~ACD!NO,cA 9t407
PH 0 N E: (969) 4::;<;; ESl4("
FAX: (9tA) 9475in
EMAIL: GsTbIJt=:@CALPt>~~D'c.,.,w\
IF SUBM!TT!NG A "NO BID", PLEASE STATE REASON(S) BELOW:
4