HomeMy WebLinkAbout2016-099 RESOLUTION NO. 2016-99
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2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FIRST
3 AMENDMENT TO THE VENDOR PURCHASE AGREEMENT WITH VULCAN
4 MATERIALS COMPANY FOR PURCHASE OF ASPHALT MATERIALS FOR
STREET REPAIRS.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
6 CITY OF SAN BERNARDINO AS FOLLOWS:
7 SECTION 1. That the City Manager is hereby authorized and directed to execute a
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First Amendment to the Vendor Purchase Agreement with Vulcan Materials Company for
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Purchase of Asphalt Materials for Street Repairs attached hereto as Exhibit "A" and
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11 incorporated herein by this reference as though set forth in full.
12 SECTION 2. That the above authorization is rescinded and shall be void and of no
13 further effect if the agreement is not fully executed by all parties and returned to the Office of
14 the City Clerk within sixty (60) days from the passage of this resolution.
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
2 SAN BERNARDINO AUTHORIZING THE EXECUTION OF A FIRST
AMENDMENT TO THE VENDOR PURCHASE AGREEMENT WITH VULCAN
3 MATERIALS COMPANY FOR PURCHASE OF ASPHALT MATERIALS FOR
4 STREET REPAIRS.
5
6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
7 and Common Council of the City of San Bernardino at a joint regular meeting thereof, held on
8 the 16`" day of May, 2016, by the following vote, to wit:
9
Council Members: AYES NAYS ABSTAIN ABSENT
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11 MARQUEZ X
12 BARRIOS X_
13 VALDIVIA X
14 SHORETT X
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NICKEL X
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17 RICHARD X
18 MULVIHILL X
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20 Gleorg2nnrHanna, C, City Clerk
21 =day of Ma 2016.
The foregoing resolution is hereby approved this y Y�
22 2
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24 R. Carey Dav' , Mayor
City of San ernardino
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Approved as to form:
26 Gary D. Saenz, City Attorney
27 �
By:
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2016-99
AMENDMENT NUMBER ONE TO THE VENDOR PURCHASE AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO AND
VULCAN MATERIALS COMPANY FOR
PURCHASE OF ASPHALT MATERIALS FOR STREET REPAIRS
This Amendment Number One (the "First Amendment") is entered into this 16th day of
May , 2016, BY AND BETWEEN:
The City of San Bernardino, a Charter City organized under the laws of the State of
California, with an address of 300 N. "D" Street, San Bernardino, California(the "CITY");
AND,
Vulcan Materials Company (the "VENDOR") (individually CITY or VENDOR may be
referred to as a "PARTY" and collectively CITY and VENDOR may be referred to as the
"PARTIES").
WITNESSETH :
WHEREAS, on June 17, 2013 pursuant to Resolution 2013-190 the CITY and VENDOR entered
into that certain Agreement titled Vendor Purchase Agreement Between the City of San Bernardino
and Vulcan Materials Company for Purchase of Asphalt Materials for Street Repairs (the
"Agreement); and,
WHEREAS, CITY and VENDOR desire to further amend the Agreement for Purchase of Asphalt
Materials for Street Repairs and desire to amend their rights, duties, and liabilities in connection with
their performance thereunder.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained
herein,the PARTIES hereby agree as follows:
1. That Section 3. Term; Termination of the Agreement shall be amended to read as follows:
643. Term; Termination
The term of this agreement shall be from July 1, 2013 through June 30, 2014, with three (3)
one-year extensions at the City's option. Option year one, if exercised, shall be effective July
1, 2014 through June 30, 2015. Option year two, if exercised, shall be effective July 1, 2015
through June 30, 2016. Option year three, if exercised, shall be effective July 1, 2016 through
June 30, 2017.
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
AMENDMENT NUMBER ONE TO THE VENDOR PURCHASE AGREEMENT BETWEEN THE CITY
OF SAN BERNARDINO AND VULCAN MATERIALS COMPANY FOR PURCHASE OF ASPHALT
MATERIALS FOR STREET REPAIRS
Page 1 of 3
2016-99
agreement of the parties executed on or before the date of expiration of current term of the
agreement."
2. All other terms and conditions of the Agreement shall remain in full force and effect.
[Signature Page Follows]
AMENDMENT NUMBER ONE TO THE VENDOR PURCHASE AGREEMENT BETWEEN THE CITY
OF SAN BERNARDINO AND VULCAN MATERIALS COMPANY FOR PURCHASE OF ASPHALT
MATERIALS FOR STREET REPAIRS
Page 2 of 3
2016-99
AMENDMENT NUMBER ONE TO THE VENDOR PURCHASE AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO AND
VULCAN MATERIALS COMPANY FOR
PURCHASE OF ASPHALT MATERIALS FOR STREET REPAIRS
IN WITNESS THEREOF,the parties hereto have executed this Agreement on the day and date set
forth below.
Dated: , 2016 VULCAN MATERIALS COMPANY
By:
Its:
Dated: , 2016 CITY OF SAN BERNARDINO
By:
Mark Scott, City Manager
APPROVED AS TO FORM:
Gary D. Saenz, City Attorney
By:
AMENDMENT NUMBER ONE TO THE VENDOR PURCHASE AGREEMENT BETWEEN THE CITY
OF SAN BERNARDINO AND VULCAN MATERIALS COMPANY FOR PURCHASE OF ASPHALT
MATERIALS FOR STREET REPAIRS
Page 3 of 3
2016-99
AMENDMENT NUMBER ONE TO THE VENDOR PURCHASE AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO AND
VULCAN MATERIALS COMPANY FOR
PURCHASE OF ASPHALT MATERIALS FOR STREET REPAIRS
This Amendment Number One (the "First Amendment") is entered into this 16th day of
May , 2016, BY AND BETWEEN:
The City of San Bernardino, a Charter City organized under the laws of the State of
California, with an address of 300 N. "D" Street, San Bernardino, California(the "CITY");
AND,
Vulcan Materials Company (the "VENDOR") (individually CITY or VENDOR may be
referred to as a "PARTY" and collectively CITY and VENDOR may be referred to as the
"PARTIES").
WITNESSETH :
WHEREAS, on June 17, 2013 pursuant to Resolution 2013-190 the CITY and VENDOR entered
into that certain Agreement titled Vendor Purchase Agreement Between the City of San Bernardino
and Vulcan Materials Company for Purchase of Asphalt Materials for Street Repairs (the
"Agreement); and,
WHEREAS, CITY and VENDOR desire to further amend the Agreement for Purchase of Asphalt
Materials for Street Repairs and desire to amend their rights, duties, and liabilities in connection with
their performance thereunder.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained
herein, the PARTIES hereby agree as follows:
1. That Section 3. Term; Termination of the Agreement shall be amended to read as follows:
"3. Term; Termination
The term of this agreement shall be from July 1, 2013 through June 30, 2014, with three (3)
one-year extensions at the City's option. Option year one, if exercised, shall be effective July
1, 2014 through June 30, 2015. Option year two, if exercised, shall be effective July 1, 2015
through June 30, 2016. Option year three, if exercised, shall be effective July 1, 2016 through
.Tune 30, 2017.
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
AMENDMENT NUMBER ONE TO THE VENDOR PURCHASE AGREEMENT BETWEEN THE CITY
OF SAN BERNARDINO AND VULCAN MATERIALS COMPANY FOR PURCHASE OF ASPHALT
MATERIALS FOR STREET REPAIRS
Page I of 3
2016-99
agreement of the parties executed on or before the date of expiration of current term of the
agreement."
2. All other terms and conditions of the Agreement shall remain in full force and effect.
[Signature Page Follows]
AMENDMENT NUMBER ONE TO THE VENDOR PURCHASE AGREEMENT BETWEEN THE CITY
OF SAN BERNARDINO AND VULCAN MATERIALS COMPANY FOR PURCHASE OF ASPHALT
MATERIALS FOR STREET REPAIRS
Page 2 of 3
2016-99
AMENDMENT NUMBER ONE TO THE VENDOR PURCHASE AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO AND
VULCAN MATERIALS COMPANY FOR
PURCHASE OF ASPHALT MATERIALS FOR STREET REPAIRS
IN WITNESS THEREOF,the parties hereto have executed this Agreement on the day and date set
forth below.
Dated: 1 Z r z01�P , 2016 VULCAN MATERIALS COMPANY
B . 0"a 0 4X-�
Its: 0aA4-' — vtaw,
Dated: U"C 7i , 2016 CITY OF SAN BERNARDINO
By:
Mark Scott, City Manager
APPROVED AS TO FORM:
Gary D. Saenz, City Attorney
By:
0
AMENDMENT NUMBER ONE TO THE VENDOR PURCHASE AGREEMENT BETWEEN THE CITY
OF SAN BERNARDINO AND VULCAN MATERIALS COMPANY FOR PURCHASE OF ASPHALT
MATERIALS FOR STREET REPAIRS
Page 3 of 3