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COO File No. 1.0422 0
CITY OF SAN BERNARDINO - REQUEIT FOR COUNCIL ACTION
F ROGER G. HARDGRAVE
rom:
Public Works/Engineering
Dept:
Date: 6-3-85
Awara or ~ontract -- ~onstruct-
Sub' . ion of Box Culvert at Fortieth
REC'D.-ADI"l~!8fftF. St. & Third Ave., per Plan No.
6503 -- Transfer of Supplemental
1385 JUN -5 r:1 3: 3G Funds -- E. L. Yeager Construct-
ion Company
Synopsis of Previous Council action:
08-06-84
Plans approved and authorization granted to adver-
tise for bids.
01-21-85
Resolution No. 85-28 adopted authorizing execution
of Program Supplement No. 39.
06-03-85
Resolution adopted authorizing execution of Consent
to Common Use Agreement with the County.
Recommended motion:
1. Adopt Resolution,
and
2. That the transfer of $90,000.00 from Account No. 42-510-414,
"Central Business District", and $107,000.00 from Account No.
42-510-428, "Rehabilitation of 11 Streets", to Account No. 42-
510-422, "Box Culvert 40th Street, East of Kendall Drive", be
approved.
cc: John Matzer Jr., City Administrator
Warren Knudson, Director - Finan~e
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Signature .
Contact person: Ge ne K 1 at t
Phone:
5125
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Supporting data attached:
Staff Report and Resolution Wa~:
FUNDING REQUIREMENTS:
Amount: $726,000.00
::~9stJr;;'~ Y'::: ':1 "~j
Fund -- Account No. 42-510-422
Council Notes:
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Agenda Item No. ~ .----
75.0262
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CIT~ OF SAN BERNARDI-'6 - REQUE~ FOR COUNCIL ACT~N
STAFF REPORT
Bi ds for thi s project were opened at 2:00 p.m.. on Tuesday, May
21, 1985.
A total of 6 bids were received, ranging from $558,661.25 to
$723,065.00. The low bid $558,661.25 is 2.2% over the Engineer's
Estimate of $546,468.00.
Listed below is an estimate of the total project cost, based upon
the actual low bid price.
Construction Contract
$558,661.00
Contingencies (15%):!:
83,339.00
Subtotal
$642,000.00
Preliminary Engineering -
Consultant's Fee $15,800.00
(Metcalf & Eddy)
City Forces (W.O. #1991) 4,200.00
$ 20,000.00
Construction Engineering &
Inspection (10%) :!:
64,000.00
$726,000.00
TOTAL ESTIMATED PROJECT COST
An amount of $543,167.00 has been allocated, under Account No. 42-
510-422, to finance the costs incurred for this project. The
proposed transfers of $90,000.00 and $107,000.00 will increase the
total available funds to $740,167.00. These amounts proposed for
transfer to the 40th Street Box Culvert represents the balances
available after completion of the modification of traffic signals
in the Central City area and rehabilitation of pavement on 11
sections of streets.
Caltrans has reviewed the bids and given their approval to award a
contract to the low bi dder.
It appears the Engineer's Estimate did not fully reflect the
current pricing level for this type of improvement. Since 6 bids
were received, we feel the low bid is the best that we can
reasonably expect to receive. Therefore, we recommend that a
contract be awarded to the low bidder.
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2
RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AwARDING A CONTRACT
TO E. L. YEAGER CONSTRUCTION COMPANY. INC. FOR CONSTRUCTION OF BOX
CULVERT AT FORTIETH STREET AND DEVIL CREEK CHANNEL.
BE IT RESOLVED BY THE MAYOR AND COMHON COUNCIL OF THE CITY
SAN BERNARDINO AS FOLLOWS:
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E. L. Yeager Construction Company, Inc. is
SECTION 1.
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~etermined to bF the lowest responsible bidder for construction of
l public project. to-wit: Box Culvert at Fortieth Street and
liD e v i 1 C r e e k C h ann e 1 i n a c cor d a n c e wit h Plan No. 6503, for the
Iltotal amount of $558,661.25; a contract is awarded to said bidder
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ccordingly, but such award shall be effective only upon the
contract being fully executed by the parties; all other bids
therefor are hereby rejected; and the Mayor is hereby authorized
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and directed to execute said contract on behalf of the City; a
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opy of the contract is attached hereto, marked Exhibit "A" and
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incorporated herein by reference as fUlly as though set forth at
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ength.
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SECTION 2.
The City of San Bernardino shall not be
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bligated by making this award unless and until the contract is
IrUllY executed and no oral agreement relating thereto is intended
~r authorized and should not be implied.
~ I HEREBY CERTIFY that the foregoing resolution was duly
~doPted by the Mayor and Common Counci 1 of the Ci ty of San
I~ernardino at a meeting thereof,
i~eld on the day of 1984, by the
Irollowing vote, to-wit:
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25
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27
28
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AYES:
Council
Members
NAYS:
ABSENT:
City Clerk
The foregoing resolution is hereby approved this
day of
. 1984.
Mayor of the City of San Bernardino
pproved as to form:
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AGREEMENT
CITY OF SAN BERNARDINO
This agreement, made and concluded this day of ,
lq ,between the City of San Bernardino, party of the first part, and
, Contractor, party of the second part.
Article I - Witnesseth, that for and in consideration of the Dayments and
"Ireements hereinafter mentioned, to be made and perfonned by the said party of
'11I~ fi rst part, and under the conditions expressed in the two bonds, beari ng even
;,Ite with these presents, and hereunto annexed, said party of the second part
,Iqrees with the said party of the first part, at his own proper cost and expense
~o do all the work and furnish all the materials, except such as are mentioned in
the Special Provisions to be furnished by said party of the first part, necessary
to complete in good workmanlike and substantial manner Box Culvert at Fortieth
)treet and Devil Creek Channel, in strict conformance with Plans and Special
Provisions No. 6503, and also in accordance with Standard Specifications, State of
California, Business and Transportation Agency, Department of Transportation,
dated January 1981, on file in the Office of the City Engineer, which said Plans,
Special Provisions and Standard Specification are hereby especially referred to
dnd by such reference made a part hereof.
Article II - And the said contractor agrees to receive and accept the.
following prices as full compensation for furnishing all materials and doing all
the work contemplated and embraced in this agreement; also for all loss or damage
Jrising out of the nature of the work aforesaid, or from acts of the elements,
or from any unforeseen difficulties or obstructions which may arise or be en-
countered in the prosecution of the work until its acceptance by the City of San
!\ernardino and for all risks of every description connected with the work; also
for all expenses incurred by or in consequence of the suspension or discontinuance
of work, and for well and faithfully completing'the work and the whole thereof,
in the manner and according to the Plans and Special Provisions, and requirement
of the Engineer under them, to-wit:
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,
Article III - The said party of the first Dart 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 terms and conditions
herein contained and referred to, for the prices afore~aid, and hereby contracts
to pay the same at the time, in the manner, and upon the conditions above set
forth; and the said parties for themselves, their heirs, executors, administrators,
successors, and assigns, do hereby agree to the full performance of the
covenants herein contained.
Article IV - The improvement contemplated in the performance of this contract
is a FA improvement over which the State of California shall exercise general
supervision. The State of Cal ifornia therefore shaH have the right to assume
full and direct control over this contract whenever the State of California, at
its sole discretion, shall dcternline that its responsibility to the United States
so requires. In such cases, the State Contract Act will govern.
or
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Article IV - it is further expressly agreed by and between the parties
hereto that should there be any conflict between the terms of this instrument
and the bid or proposal of said contractor, then this instrument shall control
and nothing herein shall be considered as an acceptance of the said terms of
said proposal conflicting herewith.
IN WITNESS WHEREOF, the parties to these present have hereunto set their
hands the year and date first above written.
ATTEST:
CITY OF SAN BERNARDINO:
BY:
Mayor
SHAUNA CLAR~, City Clerk
Approved as to form:
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~~C'
ty ttorney
CONTRACTOR
Name of Firm:
BY:
TITLE:
MAILING ADDRESS:
PHONE NO.( )