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HomeMy WebLinkAbout2007-472 (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. 2007-472 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO NIKOLA CONSTRUCTION CORPORATION DBA NIKOLA CORPORATION FOR THE SEWER AND STREET IMPROVEMENTS, CEDAR STREET FROM BASELINE STREET TO GILBERT STREET, CANYON ROAD FROM BASELINE STREET TO GILBERT STREET, WALLACE COURT FROM RICHARDSON STREET TO EAST END, 24TH STREET FROM "G" STREET TO "H" STREET (SW07-02, SW07-01, SW06-01, & SW06-09), PER PROJECT PLAN NO. 11868. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Nikola Construction Corporation, dba Nikola Corporation, 18012 Cowan, Suite 290, Irvine, CA 92614, is the lowest responsible bidder for Sewer and Street Improvements, Cedar Street from Baseline Street to Gilbert Street, Canyon Road from Baseline Street to Gilbert Street, Wallace Court from Richardson Street to East End, 24th Street from "H" Street to "G" Street (SW07-02, SW07-01, SW06-0I, & SW06-09), per Project Plan No. 11868. A contract is awarded accordingly to said bidder in a total amount of $915,594.21, with a contingency amount of $147,066.66, but such award shall be effective only upon being fully executed by both parties. All other bids, therefore, are hereby rejected. The City Manager 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 modifications 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, modifications or waivers are intended or authorized and shall not be implied from any act or course of conduct of any party. 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 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO NIKOLA CONSTRUCTION CORPORATION DBA NIKOLA CORPORATION FOR THE SEWER AND STREET IMPROVEMENTS, CEDAR STREET FROM BASELINE STREET TO GILBERT STREET, CANYON ROAD FROM BASELINE STREET TO GILBERT STREET, WALLACE COURT FROM RICHARDSON STREET TO EAST END, 24111 STREET FROM "G" STREET TO "H" STREET (SW07-02, SW07-01, SW06-01, & SW06-09), PER PROJECT PLAN NO. 11868. SECTION 3. This resolution is rescinded if the parties to the contract fail to execute it within sixty (60) days of passage of the resolution. III III 2 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 COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AWARDING A CONTRACT TO NIKOLA CONSTRUCTION CORPORATION DBA NIKOLA CORPORATION FOR TBE SEWER AND STREET IMPROVEMENTS, CEDAR STREET FROM BASELINE STREET TO GILBERT STREET, CANYON ROAD FROM BASELINE STREET TO GILBERT STREET, WALLACE COURT FROM RICHARDSON STREET TO EAST END, 24TH STREET FROM "G" STREET TO "B" STREET (SW07-02, SW07-01, SW06-01, & SW06-09), PER PROJECT PLAN NO. 11868 I HEREBY CERTIFY that the foregoing Resolution was duIy adopted by the Mayor joint and Common Council of the City of San Bernardino at a regular meeting thereof, held on the day of December ~ 2007, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA x BAXTER x BRINKER ---X- DERRY -----1L KELLEY x - JOHNSON x MC CAMMACK x tJ.- g ~ ~ fitdlv The foregoing resolution is hereby approved this 5711 day of December, 2007. ~~,., lty of San Bernardino Approved as to form: JAMES F. PENMAN, City Attorney 3