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HomeMy WebLinkAbout25-Public Services c ( '- c. CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Ken Fischer, Director Subject: Resolution of the Mayor and Common Council of the City of San Bemardino authorizing the execution of an Agreement and increase to Purchase Order Number 208278 by $20,000 to Chaparral Concrete Company for the purchase of additional concrete materials. Dept: Public Services Date: March 14, 2008 Meeting Date: April 7, 2008 Synopsis of Previous Council Action: Recommended Motion: Adopt Resolution. Signature Contact person: Ken Fischer, Director Phone: 5140 Supporting data attached: Staff Report, Resolution, and Vendor Service Agreement Ward: All FUNDING REQUIREMENTS: Amount: $20,000 Source: FY 07-08 Account No. 001-406-5111 (Materials & Supplies) Finance: Council Notes: Agenda Item No. J.5" 1/1 1M c c c CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report Subject: Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an Agreement and increase to Purchase Order Number 208278 by $20,000 to Chaparral Concrete Company for the purchase of additional concrete materials. Background: The Public Services Department, Streets Division utilizes concrete materials for its street maintenance and concrete repair program, which also includes repairing cross gutters and curbs. On July 1, 2007, staff established a PO in the amount of $24,900 for the purchase of concrete materials. At the time, staff anticipated this amount to cover most of the fiscal year. Staff used the $24,900 amount in order to begin repairing sidewalks, curbs and gutters. To date, staff has completed over 200 cubic yards of concrete repairs. Since each cubic yard costs approximately $96.00, staff estimates that we will only have enough for an additional 59 cubic yards of concrete material before exhausting our current purchase order. Adding $20,000 to the original purchase order will allow staff to continue repairing sidewalks curbs and gutters for the remaining fiscal year. Chaparral Concrete Company is a local vendor that has provided good service. Staff intends to seek bids for the full amount of $44,900 for the concrete materials we will utilize in the 2008-09 fiscal year. Financial Impact: Funds for this increase are available in the FY 07-08 Budget, Account No. 001-406- 5111 (Materials & Supplies) in the amount of $20,000. Recommendation: Adopt Resolution. r '- RESOLUTION NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND INCREASE TO PURCHASE ORDER NUMBER 208278 BY $20,000 TO CHAPARRAL CONCRETE COMPANY PURSUANT TO SECTION 3.04.010 B-3 OF THE MUNICIPAL CODE FOR THE PURCHASE OF ADDITIONAL CONCRETE MATERIALS. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: WHEREAS, the current Purchase Order of $24,900 needs to be increased by $20,000 for a total Purchase Order amount of $44,900; SECTION 1. The City Manager of the City of San Bernardino is hereby authorized to execute on behalf of said City a Vendor Service Agreement between the City of San Bernardino and Chaparral Concrete Company, which is attached hereto, ,~. \.- marked Exhibit "A" and incorporated herein by reference as though fully set forth at length. SECTION 2. This purchase is exempt from the formal contract procedures of Section 3.04.010 of the Municipal Code, pursuant to Section 3.04.010 B-3 of said Code "Purchases approved by the Mayor and Common Council". SECTION 3. That pursuant to this determination the Director of Finance or his/her designee is hereby authorized to increase Purchase Order 208278 by $20,000 shall reference this Resolution No. 2008 and shall read, "Chaparral Concrete for the purchase of additional concrete materials." SECTION 4. The authorization to execute the above referenced Purchase c Order and Agreement is rescinded if it is not issued within sixty (60) days of the passage of this resolution. t1Jo. J.S- 4-7~1Jc;j' c ,- ~ c 1 2 3 . 5 6 7 8 9 10 11 12 13 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND INCREASE TO PURCHASE ORDER NUMBER 208278 BY $20,000 TO CHAPARRAL CONCRETE COMPANY PURSUANT TO SECTION 3.04.010 B-3 OF THE MUNICIPAL CODE FOR THE PURCHASE OF ADDITIONAL 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 a meeting thereof, held on the day of , 2008, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA BAXTER BRINKER DERRY KELLEY JOHNSON MCCAMMACK Rachel G. Clark, City Clerk The foregoing resolution is hereby approved this ,2008. day of Patrick J. Morris, Mayor City of San Bernardino By: ~ ?~ ~mes F. Penman City Attorney c ,.,- '- /...... i""". 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 VENDOR SERVICE AGREEMENT This Vendor Service Agreement is entered into this 7th day of April 2008, by and between Chaparral.Concrete 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 purchase concrete materials; 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 concrete materials. 2. COMPENSATION AND EXPENSES. a. For the services delineated above, the CITY, upon presentation of an invoice, shall pay the VENDOR up to $20,000 for the purchase of concrete materials for the term of the agreement as set forth in paragraph 3, herein. b. No other expenditures made by VENDOR shall be reimbursed by CITY. 3. TERM. The term of this Agreement shall be in effect until June 30, 2008. 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. III III III Exhibit "A" c , '- ,...- I '- 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 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 shaH 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. III Exhibit "A" c r '- c 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 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 III Exhibit "A" c c - , '-... 1 2 3 4 6 6 7 8 9 10 11 12 13 14 16 16 17 18 19 20 21 22 23 24 26 26 27 28 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: Chaparral Concrete Company 2400 W. Highland Ave. San Bernardino, CA 92407 Telephone: (909) 873-2772 Contact: Craig R. Beatty 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 ofthis paragraph. 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 Exhibit "A" r- '- - '- ,,- '- 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 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 convenience only and shall not affect the construction or the interpretation of any of its proVlslOns. 15. 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. III III Exhibit "A" c .,- ~ r .......... 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 VENDORSER~CEAGREEMENT CHAPARRAL CONCRETE COMPANY IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. ,2008 VENDOR Dated: By: Its: ,2008 CITY OF SAN BERNARDINO Dated By: Fred Wilson, City Manager Approved as to Form: By: James F. Penman, City Attorney Exhibit "A" c ,- I........ ,- \- 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 VENDORSER~CEAGREEMENT This Vendor Service Agreement is entered into this 7th day of April 2008, by and between Chaparral Concrete 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 purchase concrete materials; NOW, THEREFORE, the parties hereto agree as follows: 1. SCOPE OF SER~CES. For the remuneration stipulated, San Bernardino hereby engages the services of VENDOR to provide concrete materials. 2. COMPENSATION AND EXPENSES. a. For the services delineated above, the CITY, upon presentation of an invoice, shall pay the VENDOR up to $20,000 for the purchase of concrete materials for the term of the agreement as set forth in paragraph 3, herein. b. No other expenditures made by VENDOR shall be reimbursed by CITY. 3. TERM. The term of this Agreement shall be in effect until June 30, 2008. This Agreement may be terminated at any time by thirty (30) days' written notice by either party. The terms of this Agreement shal1 remain in force unless mutually amended. The duration of this Agreement may be extended with the written consent of both parties. III III III ,,- I.- .- \..... r- \- 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 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 Insurance furnished to the CITY shall require the insurer to notify CITY of any change or termination in the policy. III c 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 /- i_ ,-' 1,- 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 III c - \....... ,.- 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 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: Chaparral Concrete Company 2400 W. Highland Ave. San Bernardino, CA 92407 Telephone: (909) 873-2772 Contact: Craig R. Beatty 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. 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 c 1 2 3 . 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 .- \....... ..- '......... 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 convenience only and shall not affect the construction or the interpretation of any of its proVIsIons. 15. 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 subj ect manner of this Agreement. This Agreement may be modified or amended only by a written instrunJent executed by all parties to this Agreement. III III c c c 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 VENDOR SERVICE AGREEMENT CHAPARRAL CONCRETE COMPANY IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: ,2008 VENDOR By: Its: Dated ,2008 CITY OF SAN BERNARDINO By: Fred Wilson, City Manager Approved as to Form: