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HomeMy WebLinkAbout2006-353 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 NOTE: BOUND CONTRACT r RESOLUTION NO. 2006-353 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CONTRACT WITH AND ISSUANCE OF A PURCHASE ORDER TO GOLDEN ACQUISITION CORP. D.B.A. EFS WEST FOR THE CONSTRUCTION, START-UP AND COMMISSIONING OF A LIQUEFIED NATURAL GAS/ LIQUEFIED TO COMPRESSED NATURAL GAS (LNG/LCNG) FUELING STATION AT THE CITY YARD IN THE CITY OF SAN BERNARDINO PER PLANS AND SPECIAL PROVISIONS NO. 11842. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Golden Acquisition Corp. d.b.a. EFS West is the lowest responsible bidder for the Construction, Start-up and Commissioning of a Liquefied Natural Gas/ Liquefied to Compressed Natural Gas (LNG/LCNG) Fueling Station at the City Yard in the City of San Bernardino per Plans and Special Provisions No.11842. A Contract is awarded accordingly to said Contractor in a total amount of $1,728,657.00, with a contingency of $259,243.00. Such award shall be effective only upon said Contract being fully executed by both parties. All other bids, therefore, are hereby rejected. 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. The Purchasing Manager is hereby authorized and directed to issue a purchase order which references this Resolution to said vendor. SECTION 2. Any amendment or modification 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 agreements, amendments, 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 , 2006-353 modifications or waivers are intended or authorized and shall not be implied from any act or course of conduct of any party. This resolution is rescinded if the parties to the contract fail to execute it within sixty (60) days of the passage of this resolution. 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 2006-353 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A CONTRACT WITH AND ISSUANCE OF A PURCHASE ORDER TO GOLDEN ACQUISITION CORP. D.B.A. EFS WEST FOR THE CONSTRUCTION, START-UP AND COMMISSIONING OF A LIQUEFIED NATURAL GAS/ LIQUEFIED TO COMPRESSED NATURAL GAS (LNG/LCNG) FUELING STATION AT THE CITY YARD IN THE CITY OF SAN BERNARDINO PER PLANS AND SPECIAL PROVISIONS NO. 11842. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a ioint regular meeting thereof, held on the 2nd day of October ,2006, by the following vote, to wit: Council Members: AYES ABSTAIN ABSENT NAYS ESTRADA x BAXTER x VACANT DERRY x KELLEY x JOHNSON x McCAMMACK ---X.- The foregoing resolution is hereby approved this ~ 11. GtaJL/>> bYi~~~~~4 ~; ~f October ,2066. Approved as to form: ,