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Home My WebLink About16- Public Services CITY OF SAN BERNP IDINO REQUEST Fr 1 COUNCIL ACTION From: Jim Howell, Acting Director RESOLUTION OF THE CITY OF SAN Subject: BERNARDINO AWARDING A CONTRACT TO Dept:. Public Services AVILA CONSTRUCTION FOR MANHOLE COVER AND RING ADJUSTING IN VARIOUS Date: February 16, 1994 LOCATIONS Synopsis of Previous Council action: None. 3ecommended motion: Adopt resolution. Zl- Sig tifre Barbara Pachon, Director of Finance X5242 at person: Phone: ,orting data attached: Recommendation & Resolution Ward: various JNDING REQUIREMENTS: Amount: $53,336.25 Source: (Acct. No.) 001-403-53150 Acct. Description) Professional & Contractual Services Finance: ouncil Notes: 5-0262 Agenda Item No CITY OF SAN BERNARDINO - REQUEST FC'''C COUNCIL ACTION STAFF REPORT RECOMMENDATION It is recommended that the Mayor and Common Council adopt a resolution to award a contract to Avila Construction, the apparent low bidder for Manhole Cover & Ring Adjusting. BACKGROUND The PSD recently completed the resurfacing of twenty two miles of streets and the final task in all resurfacing projects is the -adjusting of manholes. When streets were resurfaced, approximately 225 storm drain and sewer manholes were covered with asphalt which prevents access for maintenance purposes. The only alternative to adjusting manholes following resurfacing is to scrape the asphalt from the manhole covers during the paving. This alternative would result in a hazardous driving condition for motorists. DISCUSSION Notices Inviting Bids were advertised in the newspaper and mailed to thirty two potential bidders. Bids were received from five contractors and one contractor returned a "no bid" . ANALYSIS Bids were as follows: Name of Bidder Location Price Avila Construction San Bernardino $ 53,336.25 Henderson Const. San Bernardino $ 65,475. 00 Hood Communications Grand Terrace $ 83,475. 00 Bonadiman-McCain San Bernardino $ 95, 175.00 E1-Co Contractors San Bernardino $114, 075. 00 AAA Paving Co. Rialto No Bid SUMMARY Avila Construction has previously performed manhole adjusting for the PSD and the work was satisfactory. IMPACT TO THE BUDGET Sufficient funds have been allocated for the project in account Number 001-403-53150 (Public Services, Street Sewer Maintenance, Professional and Contractual Services) . Respectfully Submitted, ES R. HOWELL cting Director -0264 RESOLUTION NO. 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AWARDING CONTRACT TO AVILA CONSTRUCTION FOR MANHOLE. COVER AND RING ADJUS`!'ING 2 IN VARIOUS .LOCATIONS. 3 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 4 SECTION 1. Avila Construction is the lowest responsible bidder 5 for Manhole Cover and Ring Adjusting in various locations. A 6 contract is awarded accordingly to said bidder for the total amount 7 of $53, 336.25, but such award shall be effective only upon the 8 contract being fully executed by both parties. All other bids, 9 therefore, are hereby rejected. The Mayor is hereby authorized and 10 directed to execute said contract on behalf of the City; a copy of 11 the contract is on file in the office of the City Clerk and 12 incorporated herein by reference as fully as though set forth at 13 length. 14 SECTION 2 . This contract and any amendment or 15 modifications thereto shall not take effect or become operative 16 until fully signed and executed by the parties and no party shall be 17 obligated hereunder until the time of such full execution. No oral 18 agreements, amendments, modifications or waivers are intended or 19 authorized and shall not be implied from any act or course of 20 conduct of any party. 21 SECTION 3 . This resolution is rescinded if the parties to 22 the contract fail to execute it within sixty (60) days of the 23 passage of this resolution. 24 25 26 27 1 28 02-01-94 1 RESO: AWARDING CONTRACT TO AVILA CONSTRUCTION FOR MANHOLE COVE AND RING ADJUSTING IN VARIOUS LOCATIONS. - 2 3 I HEREBY CERTIFY that the foregoing resolution was dul 4 adopted by the Mayor and Common Council of the City of Sa 5 Bernardino at a meeting thereof, held on the 6 day of 1994, by the following vote, to-wit: Council Members: AYES NAYS ABSTAIN ABSENT 7 NEGRETE 8 CURLIN 9 HERNANDEZ 10 OBERHELMAN 11 DEVLIN 12 POPE-LUDLAM 13 MILLER 14 15 16 Rachel Clark, City Clerk 17 The foregoing resolution is hereby approved this 18 day of 1994. 19 20 21 Tom Minor, Mayor City of San Bernardino 22 Approved as to form and legal content: 23 James F. Penman 24 City Attorney 25 By 26 0 27 2 28 02-01-94 A ► . AGREEMENT THIS AGREEMENT is entered into between we e n .... ......... ......... BERNARDINO >:("CONTRACTOR") ........ :::<:«:: : and the CITY OF SAN (��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, C. WHEREAS, CONTRACTOR has provided the lowest responsible bid for the providing of such services; 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. 2. Over the term of this Agreement, CONTRACTOR shall be paid for such services an amount in accordance with Bid Specification 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 payment within thirty (30) days therefrom. CITY retains the right to challenge all or any part of an invoice. 4. The term of this Agreement shall be one (1) year from the date first above shown. S. 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 contractor while performing services under this Agreement. 6• While not restricting or limiting the foregoing, during the term of this Agreement, contractor 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 g 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. 8• In the performance of this Agreement and in the hiring and recruitment of employees, contractor shall not discriminate on the 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 "D" Street San Bernardino, CA 92418 TO THE CONTRACTOR: ..,,,_. :<Y;• :,. .�. 2 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. ............... .......... .. .............................................. By: Business Name' ...... ..... ... ................ .......... ................ Sig-Aatur- e ........... ................................................. CITY OF SAN BERNARDINO Date: By: Tom Minor, Mayor City of San Bernardino ATTEST: Rachel Clark, City Clerk Approved as to form and legal content: James F. Penman, City Attorney By: 3 C I T Y OF S A N B E R N A R D I N O INTEROFFICE MEMORANDUM CITY ADMINISTRATOR'S OFFICE DATE: March 7, 1994 TO: Shauna Clark, City Administrator FROM: Fred Wilson, Assistant City Administrator SUBJECT: Funding Source -- Award of contract to Avila Construction -- Agenda Item #16 COPIES: ------------------------------------------------------------------ The funding source for the contract to Avila Construction for manhole cover and ring adjusting was identified as the General fund in the amount of $53 , 336. 25. The actual source of the funds is the Sewer Maintenance Budget which is a division of the Public Services Department. This program is funded entirely by sewer fees which are collected by the Water Department. For FY 93/94 , $965, 500 is the amount of revenue which will be collected by the Water Department and remitted to the City to fund the entire Sewer M int ance Budget for FY 93/94 . FRED WILSON Assistant City Administrator FAW/md