HomeMy WebLinkAbout2018-0401
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION NO. 2018-40
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, AUTHORIZING THE EXECUTION OF
AMENDMENT NO. 2 TO THE VENDOR PURCHASE AGREEMENT WITH
VULCAN MATERIALS COMPANY FOR THE PURCHASE OF ASPHALT
MATERIALS FOR ROAD REPAIRS
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That the City Manager is hereby authorized and directed to execute
Amendment No. 2 to the Vendor Purchase Agreement with Vulcan Materials Company for
the purchase of asphalt materials for road repairs attached hereto as Exhibit "A" and
incorporated herin by this reference as though set forth in full.
SECTION 2. That the above authorization is rescinded and shall be void and of no
further effect if the agreement is not fully executed by all parties and returned to the Office of
the City Clerk within sixty (60) days from the passage of this Resolution.
I/%
lII
1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, AUTHORIZING THE EXECUTION OF
AMENDMENT NO. 2 TO THE VENDOR PURCHASE AGREEMENT WITH
VULCAN MATERIALS COMPANY FOR THE PURCHASE OF ASPHALT
MATERIALS FOR ROAD REPAIRS
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and City Council of the City of San Bernardino at a Joint Regular Meeting thereof, held on the
21 St day of February 2018, by the following vote, to wit:
Council Members: AYES NAYS
MARQUEZ _ x
BARRIOS X
VALDIVIA CM
SHORETT
NICKEL x
RICHARD
MULVIHILL X CS }
ABSTAIN ABSENT
Georgeann fvma, CM rCity Clerk
The foregoing Resolution is hereby approved this 21St day of February 2018.
/P. atz.." ( L, i��
R. Carey Davi Mayor
City of San Wmardino
Approved as to form:
Gary D. Saenz, City Attorney
By: ^-
2
AMENDMENT NUMBER TWO 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 Two (the "Second Amendment") is entered into this 21st day of February
21, 2018, BY AND BETWEEN:
AND,
The City of San Bernardino, a Charter City organized under the laws of the State of
California, with an address of 290 N. "D" Street, San Bernardino, California (the "CITY");
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, on May 16, 2016 pursuant to Resolution 2016-99 the CITY and VENDOR amended
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 "Amendment
No. 1"); and,
WHEREAS, CITY and VENDOR desire to further amend the Agreement 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
AMENDMENT NUMBER TWO 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
June 30, 2017. Option year four, if exercised, shall be effective July 1, 2017 through June 30,
2018.
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."
2. All other terms and conditions of the Agreement shall remain in full force and effect.
[Signature Page Follows]
AMENDMENT NUMBER TWO 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
AMENDMENT NUMBER TWO 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.
Date : 0 2018
Dat, C& LL
�. ZZ , 2018
VULCAN MATERIALS COMPANY
=�i1 ►1 I r �1. � �y� �,.,1
CITY OF SAN BERNARDINO
By: � 0/ � //'.)
Andrea M. Miller, City Manager
APPROVED AS TO FORM:
Gary D. Saenz, City Attorney
By:
A
Georgeann Henna, CMC, Cit Clerk
AMENDMENT NUMBER TWO 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