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HomeMy WebLinkAbout18-Public Services CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION --~-- Date: April 24, 2008 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 208412 by an additional $22,000 issued to Matich Corporation for asphalt materials. From: Ken Fischer, Director '- Dept: Public Services Meeting Date: May 5, 2008 Synopsis of Previous Council Action: Recommended Motion: Adopt Resolution. Contact person: Ken Fischer, Director Phone: 5140 - '- Supporting data attached: Ward: All Staff Report, Resolution, Vendor Service Agreement and Quotes. FUNDING REQUIREMENTS: Amount: $ 46,900 Source: FY 07-08 Account 001-402-5111 Materials & Supplies Finance: Council Notes: Agenda Item No. --.lj -,.-. 51sJog . "- ,- 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 208412 by an additional $22,000 issued to Matich Corporation for asphalt materials for local patches. BACKGROUND: The Public Services Department, Street Division is responsible for maintaining all city streets. Due to the age and conditions of city streets citywide, and as part of the Division's ongoing pothole repair program, the Division budgeted for the purchase of asphalt material for pothole repair. The current vendor was selected after quotes were received from three (3) vendors and Matich Corporation was determined to be the lowest quote. The current purchase order with Matich Corporation was for $24,900, which staff is close to exhausting at this time. Notices inviting quotes for additional asphalt materials were obtained on April 15, 2008 from three (3) qualified vendors. The vendor, their business location, and price quote are listed below: ,/- '- Name Matich Corporation Vulcan Materials All American Asphalt Location City of San Bemardino, CA City of San Bemardino, CA City of Corona, CA Quote Der ton $58.00 Yz inch Asphalt $59.00 Yz inch Asphalt $64.96 Yz inch Asphalt The Public Services Department, Street Division is requesting that Council approve this purchase order for an additional $22,000 to Matich Corporation in order to continue with pothole repairs citywide. The amount requested will allow staff to purchase the necessary asphalt materials needed for the remainder of the FY 07-08. Matich Corporation is a local vendor that has provided good service. Staff intends to seek formal bids for the full amount of asphalt materials we will utilize in the 2008-09 fiscal year. FINANCIAL IMPACT: Funds are available and have been budgeted in the FY 07-08 Account Number 001- 402-5111 (Materials and Supplies) for asphalt material for pothole repair in the total amount of $46,900. RECOMMENDATION: Adopt Resolution. '-- "-- -- /~ '- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 RESOlUTtoN 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 208412 BY AN ADDITIONAL $22,000 ISSUED TO MATICH CORPORATION FOR ASPHALT MATERIALS. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCil OF THE CITY OF SAN BERNARDINO AS FOllOWS: WHEREAS, the current Purchase Order Number 208412 of $24,900 needs to be increased by $22,000 for a total Purchase Order amount of $46,900; 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 Matich Corporation, 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. Pursuant to this determination the Director of Finance or his/her designee is hereby authorized to increase Purchase Order Number 208412 by 16 17 18 19 20 21 22 23 24 25 26 /II 27 28 $22,000 to Matich Corporation for a total amount of $46,900. SECTION 3. 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 4. The Contract Purchase Order shall reference this Resolution No. 2008 and shall read, "Matich Corporation for additional asphalt materials." SECTION 5. The authorization to execute the above referenced Agreement is rescinded if it is not executed within sixty (60) days of the passage of this resolution. !lJo,/~ tJ-S--Dt? '- ,- '- _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 RESOLUTION OF THE MAYOR AND-C-OMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND INCREASE TO PURCHASE ORDER NUMBER 208412 BY AN ADDITIONAL $22,000 ISSUED TO MATICH CORPORATION FOR ASPHALT 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 Approved as to form: BY:\.~ Tim Sabo Special Counsel '-- ,---- '- { "- 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~C~AGREEMENT This Vendor Service Agreement is entered into this 5th day of May 2008, by and between Matich Corporation ("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 additional asphalt materials; and WHEREAS, the City of San Bernardino did solicit and accept quotes from a number of vendors for additional asphalt 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 additional asphalt materials as set forth in Attachment "I" and incorporated herein by this reference as fully as though set forth at length. 2. COMPENSATION AND EXPENSES. a. For the services delineated above, the CITY, upon presentation of an invoice, shall pay the VENDOR an additional $22,000 for additional asphalt materials for a total amount not to exceed $46,900. b. No other expenditures made by VENDOR shall be reimbursed by CITY. 3. TERM. This Agreement will be effective on or about May 5, 2008 through 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. Exhibit "A" '- '-' ",,,... '- 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 5. INSURANCE. 17 While not restricting or limiting the foregoing, during the term of this Agreement, 18 VENDOR shall maintain in effect policies of comprehensive public, general and automobile 19 liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory 20 worker's compensation coverage, and shall file copies of said policies with the CITY's Risk 21 Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an 22 23 additional named insured in each policy of insurance provided hereunder. The Certificate of 24 Insurance furnished to the CITY shall require the insurer to notify CITY of any change or 25 termination in the policy. 26 III 27 III 28 Exhibit "A" "- ........ 1 2 3 4, 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 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. 24 III 25 III ,-'--. 26 III '- 27 28 Exhibit "A" ""- ",...-<>< 1 2 3 4 5 6 7 8 9 10 11 12 13 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 "0" Street San Bernardino, CA 92418 Telephone: (909) 384-5140 TO THE VENDOR: Matich Corporation 1596 Harry Sheppard Blvd. San Bernardino, CA 92408 Telephone: (909) 382-7423 Contact: Patrick Matich 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, '- 14 including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of ,- '- 15 16 17 18 19 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. 20 21 22 encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior 23 24 25 26 27 VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or 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 28 Exhibit "A" "--' ',- ._- ......... 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 provisions. III III III III III III Exhibit "A" '- 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~CE-AGREEMENT MATICH CORPORATION 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. 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: By: G Tim Sabo, Exhibit" A" ~RATION Attachment "1" . EFF.tCTIVE MARCH 1,100s ASPHALT MATERIAL PRICES FOB PLANTS -"'~- - - .. - . 3/4" PC 64-10 OR PC 70-10 S58.OO PER TON 1/1." PC 64-10 OR PG 70-10 S58.OO PER TON 1/2" FINE ASPHALT $59.00 PER TON 318" PG 64-10 OR PG 70-10 S68.OO PER TON 318" FINE ASPHALT 56LOO PER TON TOPEKA MIX 56U. PER TON SHEETS 561.00 PER TON BERM $64.00 PER TON COLD MIX $65.00 PER TON ssm (REDLANDS ONLY) $7.00 PER GALWN BUCKETS FOR ssm SI0.00 EACH CRUSHED MISC BASE SI5.00 PER TON '- ~ DUMP BROKEN ASPHALT &: CONCRETE (BANNING AND REDLANDS: BOBTAIL S35.OO PER WAD 10 WRR17.T .17.)t sso.OO PER LOAD SUPER 1000000NG ARM $75.00 PER WAD SEMI END DUMP . SI00.oo PER WAD TRUCK &: TRANSFER . SI00.00 PER WAD NO CHARGE FOR DISPOSAL OF CLEAN ASPHALT GRlNDINGS - RlALTO PLANT ONLY. ....ALL PRICES SUlUECT TO SALES TAX .** ....ALL PRODUCfSARE SUBJECI'TO A V AlLABlLTY AND PRICING ADJUSTMENTS... . ~ .---.---.-- APR-15-2008 TUE 10:04 AH FAX NO. P. 01/01 '- ,0-- '- '- i I I JULY 1,2001 i Page 1 oft I I Chuck Chaple i i .....: 1lna AnderSOn ! sent: Tue&d8V. April 15. 2008;:34 AM To' . Chuck Chaple I ~ F.O.B. PRJCas "4 NOlCniAT ORIGINAL WAS SEND OUT 5I2aI06 I I I I I MAY 23. 2()()6JREVlSHD JUL vi 10, 2006 I A'M'SN110N PlJR.C9ASlNG tiBPAR'lMBNf: BFf'ECITVB IMMEJlIATBL YI!! I NEW PRICES ON MA~ PURCHASED FROM JULY 1. 2006 THROUGH DECEMBER 31, 2006 UPON AVAlLABD.IlYONL\?1I1 SUBJECT TO cHANGE. .... PLBASE NOTE CORRBCTED SAND/AGGREGA TB PRICES 1HEY ARB EFFICTIVE AUGUST 1. 2006.... nIANKS , I I 1 TYPE AC REG. MIXES RUBBER &. LATHX PRICE PER TONIPLUS TAX S64.96ITN $loo.OOII'N 14.00rrN 14.00fI'N 14.00IfN 14.00rrN W' ROCIC ~MROCK 3/r RoCK ROCK DUST CLASS n BASEICMB 14.oorrN i ; I I ! TIm ABOYE PRICES ARE Aj..L F.O.B. ALL PLANTS AGGREGATE PRICES ARE 4l.L F.o.B. COR.QNA PLANT ONLY . WE APPRECIATE YOUR. PAf>TBUSINBSs' AND LOOKFORWAlID TO SERVING YOU IN TIm FUI'\.IRE. ! i i i , WASHED SAND 14.00/IN SINCERELY, ALL AMERICAN ASPHAL'l'! 1 TINA ANDERSON FOR ! DAN SISEMORE ; i I I I , v UJ.Ua.U rli:i.~t:t.L-~a.J.b ~/J.~/~VVO J.~;V~;VO ~n ~^U& L/VVL ..'o,^ ,",,0,1.. YO"&' - Project: FOB San Bernardino ........ Attn: Eddie Fax 909-384-5190 San Bernardino I City Of Street Division San Bernardino, CA 92408 Acct #: 0630081 FOB ,CA Dale: Tuesday, April '5, 2008 sales Rep: Chris Boubel Quote #: Quote Name: l-C4UA31 l-C4UA31 boubeIc@vmanail.com (323)474-3616 Quote Expiration: TOOrsday, May 15, 2008 Effective From: Tuesday, April 15, 2008 Version #: 1 Speciallnstrucdons: FOB prices are subject to change at any time. ASDhalt ,Plant San Bemardno Asph Product Name STtI2MM 64-10RAP Product B5X Qty. 20 U/M TONS F.O.B. Tax $59_00 $4,72 F.O.B. Tax Incl. $63.72 AI taxes applicable to the sale or delivery of materials wi" be invoiced to and paid by 1he customer, Terms are Net 30. Please note standard tenns and conditions apply ,-. \"",..- This quote is limited to acceptance within 30 days from the date of this quotation after which time quotation is subject to review/revision. Pktase contact Sales prior to placing the order. Accepted by: Sales Representative: Date: Date: We appreciate the opportunity to provide you this quote and trust that Vuk:an will have the ple~e selVing your needs tor this and future projedS. - \"",..- Quotation generated on 4/1512008 '-- -" '-' .- "'- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 3. 23 24 25 26 27 28 VENDOR SERVICE-AGREEMENT This Vendor Service Agreement is entered into this 5th day of May 2008, by and between Matich Corporation ("VENDOR") and the City of San Bernardino ("CITY" or "San Bernardino"). WITNESSETH: WHEREAS, the Mayor and Cornmon Council has determined that it is advantageous and in the best interest of the CITY to purchase additional asphalt materials; and WHEREAS, the City of San Bernardino did solicit and accept quotes from a number of vendors for additional asphalt materials. 1. NOW, THEREFORE, the parties hereto agree as follows: SCOPE OF SERVICES. For the remuneration stipulated, San Bernardino hereby engages the services of VENDOR to provide additional asphalt materials as set forth in Attachment "I" and incorporated herein by this reference as fully as though set forth at length. 2. COMPENSATION AND EXPENSES. a. For the services delineated above, the CITY, upon presentation of an invoice, shall pay the VENDOR an additional $22,000 for additional asphalt materials for a total amount not to exceed $46,900. b. No other expenditures made by VENDOR shall be reimbursed by CITY. TERM. This Agreement will be effective on or about May 5, 2008 through 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. - ,""""" .......... '-' 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 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 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 III "- 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: Matich Corporation 1596 Harry Sheppard Blvd. San Bernardino, CA 92408 Telephone: (909) 382-7423 Contact: Patrick Matich 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 '- 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 provisions. III III III III III III '- - 1....... c_ '- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2ll 21 22 23 24 25 26 27 28 VENDOR SERVICE-AGREEMENT MATICH CORPORATION 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. 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:\.~ Tiiii Sabo, pe Counsel ~RATION Attachment "1" ~FFECfIVE MARCH 1,2008 ASPHALT MATERIAL PRICES FOB PLANTS '- - . - - , 3/4" PG 64-10 OR PG 70-10 S58.OO PER TON 1f]." PG 64-18 OR PG 70-18 S5U8 PER TON 1f]." FINE ASPHALT $59.00 PER TON 318" PG 64-18 OR PG 70-10 sa.oo PER TON 318" FINE ASPHALT 561.00 PER TON TOPEKA MIX 561.00 PER TON /SHEETS 561.00 PER TON BERM S64.08 PER TON COLD MIX $65.00 PER TON ssm (REDLANDS ONLY) $1.00 PER GALLON BUCKETS FOR 881H 510.00 EACH CRUSHED MISC BASE 515.00 PER TON c DUMP BROKEN ASPHALT & CONCRETE tBANNlNG AND REDLANDS: 10 WRlr.1r.1.1l.ll S35.OO PER LOAD $SO.OO PER LOAD 8OBTAD.. SUPER IOISTRONG ARM $15.00 PER LOAD SEMI END DUMP $lOUO PER LOAD TRUCK & TRANSFER . SI00.00 PER LOAD NO CHARGE FOR DISPOSAL OF CLEAN ASPHALT GRINDINGS - RlALTO PLANT ONLY. *- ALL PRICES SUBJECf TO SALES TAX *** ***ALL PRODUClSARE SOB.JECI'TO A V AlLABILTY AND PRICING ADJUSTMENTS.** - .""" APR-15-2008 TUE 10:04 AM ...-.-.---.-- FAX NO. P. 01101 "- Page 1 ofl JULY 1,2001 Chuck Chapa- .r-- TYPE PRICE PER TONIPLUS TAX '- AC lUlG. MIXES $64.96ffN RUBBER & LATEX SI00.00JTN W' ROCK 14.00ITN ~"ROCK 14.00JTN 3/r ROCK 14.0llII'N ROCK DUST 14.00ITN ! i .....: TIIIa AndenOn ! sent: T\106dllY. April 16. 2008 jt.34 AN To: . Chuck ChapIe I S\J!II-Ct F.O.P. PRICeS PLEA8Ef NOTE THAT ORIGINAL WAS SEND OUT 5128106 I , I I I ~ Y 23. 2006JRE.VISED JUL vi 10, 2006 I ATl'EN'I10N PURCHASlNG liBPARTMBNT; BFfOCTIVB IMMEJ)lA'IBLYI!! I NEW PRICES ON MA~ PURCHASED FllOMJUL Y 1. 2006 THROUGH DECBMBBR 31, 2006 UPON A V.AlLABlUI'Y ONI. ~III SUBJECT TO CHANGE.. .... PLEASE NOTE CORRECTED SANDlAGGREGATB PlUC'BS 11lEY ARB EFFICTIVE AUGUST 1. 2006....1HANKS , I , ! CLASS n BASEfCMB i i I I I TIm ABOVE PRICES ARE Aj..L F.O.B. ALL PLANTS AGGRBGATB PRICES ARB ~ F.o.B. COIlONAPLANT ONLY . WE. APPRBQATB YOUllPAF!' BUSINBSS, AND LOOK FORWARD TO SERVING YOU IN THE FUfUItE. ! ; 14.oorrN WASIIED SAND 14.00/lN 1'- SINCERELY, ALL AMERICAN ASPHALTI I TINA ANDERSON FOR ! DAN SISEMORE I i , I ! '- Vulcan Materials 4/15/2008 12:02:08 PM PAGE 2/002 Fax Server .- ~~1tfffu~~~~ .i~~~"*~. o. ~~~~~~~~~.... Attn: Eddie Fax 909-384-5190 San Bernardino I City Of Street Division San Bernardino, CA 92408 Acct #: 0630081 .~g~~>~>~ Project: FOB San Bernardino "- FOB ,CA Dete: Tuesday. April 15. 2008 Sole. Rep: Chris Boubel Quote ,: Quote Name: Effective From: Version': l-C4UA31 l-C4UA31 Tuesday. April 15. 2008 1 boubeIc@vrnanail.com (323}474-36t6 Quote expiration: Thursday. May 15.2008 SpecUdlno~ucdono: FOB prices are subjeclto change at any time. Asnhalt . Plant San Bemardno Asph Product Name ST1/2MM 64-10RAP Product B5X Qty. 20 U/M TONS F.O.B. Tax $59.00 $4.n F.O.B. Tax Incl. $63.n AI taxes applicable to the sale or delivery of materials will be invojced to and paid by the customer. Terms are Net 30. Please note standard terms and conditions apply. f-. This quote is limited to acceptance within 30 days from the date of this quotation after which time quotation is subject to review/revision. Please contact Sales prior to pScing the order. \.- Accepted by: Sales Representative: Date: Date: We appreciate the opportunity to provide you this quote and tnJst that Vuk:an wiU have the pleasure serving your needs for this and future projects. '- Quotation generated on 4/15/2008