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HomeMy WebLinkAbout1995-208 Awarding Contract to Avila Construction for closure of Morgan Road W of Little Mtn Dr ~ Note: Bound Contract 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 NO. 95-208 RESOLUTION OF THE CITY CONTRACT TO AVILA CONSTRUCTION, WEST OF LITTLE MOUNTAIN DRIVE. OF SAN BERNARDINO AWARDING A INC. FOR CLOSURE OF MORGAN ROAD, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Avila Construction, Inc. is the lowest responsible bidder for: Closure of Morgan Road, west of Little Mountain Drive, per Plan No. 9273. A contract is awarded accordingly to said bidder for the total amount of $29,621. 80, but such award shall be effective only upon the contract being fully executed by both parties. All other bids, therefore, are hereby rej ected. The Mayor is hereby authorized and directed to execute said contract on behalf of the City; a copy of the contract is on file in the office of the City Clerk and incorporated herein by reference as fully as though set forth at length. SECTION 2. This contract and any amendment or modifica- tions thereto shall not take effect or become operative until fully signed and executed by the parties and no party shall be obligated hereunder until the time of such full execution. No oral amendments, modifications or waivers agreements, are intended or authorized and shall not be implied from any act or course of conduct of any party. SECTION 3. This resolution is rescinded if the parties to the contract fail to execute it within ninety (90) days of the passage of this resolution. / / / / / / / / 5-16-95 , :1;,;7 RESO: AWARDING CONTRACT TO AVILA CONSTRUCTION, INC. FOR CLOSURE OF HORGAN ROAD. 1 2 adopted by 3 I HEREBY CERTIFY that the foregoing resolution was duly the Mayor and Cornraon Council of the Ci ty of San Bernardino at a regular meeting thereof, held on the 4 19th day of June , 1995, by the following vote, to-wit: 5 Council Members: 6 NEGRETE 7 CURLIN 8 HERNANDEZ 9 OBERHELMAN 10 DEVLIN 11 POPE-LUDLAM 12 MILLER AYES NAYS ABSTAIN ABSENT x x x x -- x x x 13 14 15 16 17 18 19 20 day of June , 1995. ~k,~rk hereby approved this ;I~ 4 dJiJLL c2~- David Oberhelman, Mayor Pro Tern City of San Bernardino The foregoing resolution is Approved as to form and legal content: 21 James F. Penman Cit Attorney 22 23 24 25 26 27 28 - 2 - 1S--)~'~! AGREEMENr : CLOSURE OF MORGAN ROAD, WEST OF LI'ITLE MOUNrAIN DRIVE 2 3. City hereby promises and agrees with the said Contractor to employ, and does hereby employ the said Contractor to provide the materials and to do the work according to the tenns and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions above set hrth; and the same parties for themselves, their heirs, execucors, administrators, and assigns, do hereby agree to the full performance of the covenants herein contained. 4. It is further expressly agreed by and between the parties hereto that should there by any conflict between the tenns of this instrument and the bid or proposal of said Contractor, then this instrurrent shall control and nothing herein shall be considered as an acceptance of said tenns of said proposal conflicting herewith. IN WITNESS WHEREoF, the parties of these present have hereunto set their hands the year and date first above written. CITY OF SAN BERNARDIoo BY: David Oberhelman, Mayor Pro Tern City of San Bernardino CONI'RACI'OR NarrE of Firm: ATI'EST: BY: TITLE: RACHEL CLARK, City Clerk MAILING ADDRESS: APPROVED AS TO FORM AND LEGAL CONI'ENI': JAMES F. PENMAN, City Attorney PHONE 00.: i 1/