HomeMy WebLinkAbout1994-050 Awarding Contract to Avila Construction for Manhold Cover and Ring Adjusting in various locations
RESOLu'rION NO.
94-50
RESOLUTION OF THE CI'I'Y OF SAN BERNARDINO AWARDING A
1 CONTRACT '1'0 AVILA CONSTRUCTION FOR MANHOLE COVER AND RING ADJUS'rING
2 IN VARIOUS LOCATIONS.
3 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLO~)S:
4
SECTION 1. Avila Construction is the lowest responsible bidder
5 for Manhole Cover and Ring Adjusting
6
in various
locations.
A
contract is awarded accordingly to said bidder for the total amount
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of $53,336.25, but such award shall be effective only upon the
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contract being fully executed by both parties.
All other bids,
9 therefore, are hereby rejected.
10
'I'he Nayor is hereby authorized and
directed to execute said contract on behalf of the city; a copy of
11 the contract is
file
in the
office of
the City Clerk and
on
12 incorporated herein by reference as fully as though set forth at
13 length.
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SECTION 2.
This contract and any amendment or
15 modifications theret') shall not take effect or become operative
16 until fully signed and executed by the parties and no party shall be
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obligated hereunder until the time of such full execution.
No oral
agreements,
modifications or waivers are intended
or
amendments,
authorized
and shall
implied
not be
from any act or course
of
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conduct of any party.
SECTION 3. This resolution is rescinded if the parties to
the contract fail to execute it wi thin sixty (60) days of the
23 passage of this resolution.
24 /
25 /
26 /
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28 02-01-94
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1 RESO :
AWARDING CONTRACT TO AVILA CONSTRUCTION FOR MANHOLE COVE
AND RING ADJUSTING IN VARIOUS LOCATIONS.
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I HEREBY CERTIFY that the foregoing resolution was dul
adopted by the Mayor and Common Council of the city of Sa
Bernardino at a
reaular
meeting thereof, held on the 7t
day of
M;arr-h
, 1994, by the following vote, to-wit:
Council Members:
AYES NAYS
x
x
x
x
x
x
x
ABSTAIN
ABSENT
NEGRETE
CURLIN
HERNANDEZ
OBERHELMAN
DEVLIN
POPE-LUDLAM
MILLER
15
16
17
18
~'i~ day of
/' .
, ) " I Ii
,', ". <;
fA .u./U( > Cj_4~,' "-
Rachel Clark, city Clerk
The foregoing resolution is hereby approved this
March
, 1994.
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~. '\}I ,
/ C'/']/j.\ f VLL(,.<-f,,",--
Tom Minor, Mayor
city of San Bernardino
Approved as to form
and legal content:
James F. Penman
City Attorney
B!-? I~~~'
2
28 02-01-94
Res 94-50
Original
.
.
AGREEMENT
THIS AGREEMENT is entered into between ;\I~!~~ill;lj.ii{
~!i.~iI' ...............N,. {{("CONTRACTOR") and the CITY OF SAN
BERNAADINO .. ("CITY") .
WITNESSETH:
A. WHEREAS, CITY has need for the adjusting of manhole
covers and rings within the CITY and,
B. WHEREAS, CONTRACTOR is competent, experienced and able
to perform said services: and,
bid for the providing of such services;
c. WHEREAS, CONTRACTOR has provided the lowest responsible
NOW THEREFORE, the parties hereto agree as follows:
1. CONTRACTOR shall furnish the adjusting of manhole covers
and rings services to the CITY
in accordance with Bid Specifications F-94-14.
for such services an amount in accordance with Bid Specification
2. Over the term of this Agreement, CONTRACTOR shall be paid
F-94-14 Bidder'S Proposal and Statement.
3. CONTRACTOR shall provide the Public Services/Streets
Department with a monthly invoice in arrears and shall be provided
to challenge all or any part of an invoice.
payment within thirty (30) days therefrom. CITY retains the right
date first above shown.
4. The term of this Agreement shall be one (1) year from the
5. CONTRACTOR agrees to defend, indemnify, save and hold
CITY, its officer, agents and employees harmless form any claims or
suits that may be brought by third persons on account of personal
injury, death or damage to property or a property or business or
personal interest, arising from any negligent act or omission by
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Res. 94-50
'"
.
contractor while performing services under this Agreement.
the term of this Agreement, contractor shall maintain in effect
6. While not restricting or limiting the foregoing, during
policies of comprehensive pUblic, general and automobile liability
insurance, in the amount of $1,000,000.00 combined single limit,
and statutory worker's compensation coverage, and shall file copies
of said POlicies with the CITY'S Risk Manager prior to undertaking
any work under this Agreement.
7. CONTRACTOR shall perform work tasks as directed by the
Public Services/street Department, but for all intents and purposes
contractor shall be an independent contractor and not an agent or
employee of the CITY.
recruitment of employees, contractor shall not discriminate on the
8. In the performance of this Agreement and in the hiring and
basis of race, creed, color, religion, sex, physical handicap,
ethnic background or country of origin.
9. Any notice to be given pursuant to this Agreement shall be
deposited with the United States Postal Service, postage prepaid
and addressed as follows:
TO THE CITY:
Jim Howell,
Acting Public Services Director
300 North "0" Street
San Bernardino, CA 92418
TO THE CONTRACTOR:
:@}}JWlt7MHH#ili1tf:iWIfWmi#U#@f.1.W;%UMt~HllrtMMf@HHHrHWfF
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Res. 94-50
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Nothing in this paragraph shall be construed to prevent the
giving of notice by personal service.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the day and date first above shown.
Date ::};~
"
,.
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By: ~~1!~!~~:~~#i$~}
!i11R2B;;:
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Date: ~\ "\ \ '\'-\
. \
CITY OF SAN BERNARDINO
~ \/1, \
By: / (2Jp L^,-- ); V~/1..,<"--{~
Tom Minor, Mayor
City of San Bernardino
A~ST: .
~ / , Cc ,./.
'~cf\.-(..C . .f<.,'7e..._
Rac 1 Clark, City Clerk
Approved as to form
and legal content:
James F. Penman,
City Attorney
By:
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