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HomeMy WebLinkAbout2009-091 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 RESOLUTION NO. ?nnq_q 1 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO RATIFYING THE ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $48,266 TO NELSON PAVING AND GRADING INCORPORATED FOR COMPLETING EMERGENCY REPAIRS TO THE STREET ADJACENT TO THE OLD WATERMAN CANYON BRIDGE. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCil OF THE CITY OF SAN BERNARDINO AS FOllOWS: 3 4 5 6 7 SECTION 1, That the Mayor and Common Council of the City of San 8 Bernardino hereby approves the Vendor Service Agreement between the City of San 9 Bernardino and Nelson Paving and Grading Incorporated, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length, SECTION 2, This purchase is exempt from the formal contract procedures of the Municipal Code, pursuant to Section 3,04.075 of said Code, "Emergency Purchases," SECTION 3. Pursuant to this determination the action of the Director of Finance in issuing a purchase order on or about February 11, 2009 to Nelson Paving and Grading Incorporated in the amount of $48,266 is hereby ratified, III III III /II III III /II F:\ WILSON\F orrnslResolution.doc 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2009-91 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO RATIFYING THE ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $48,266 TO NELSON PAVING AND GRADING INCORPORATED FOR COMPLETING EMERGENCY REPAIRS TO THE STREET ADJACENT TO THE OLD WATERMAN CANYON BRIDGE. 2 3 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the 5 6 Mayor and Common Council of the City of San Bernardino at a ioint regular day of April meeting thereof, held on the 20th , 2009, by the 7 following vote, to wit: 8 Council Members: AYES NAYS ABSTAIN ABSENT 9 ESTRADA x BAXTER x BRINKER x x SHORETT KELLEY x JOHNSON x x MCCAMMACK ~h,~ Rac el G, Clark, City Clerk The foregoing resolution is hereby approved this April , 2009, 0?3 day of ~ ~~~ atrick . Morris, Mayor City of San Bernardino Approved as to Form: T,f~ J sF, Penman City Attorney F: \ WILSONIF onnslResolution.doc 2009-91 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 VENDOR SERVICE AGREEMENT This Vendor Service Agreement is entered into this 20th day of April 2009, by and between Nelson Paving and Grading Incorporated, ("VENDOR") and the City of San Bernardino ("CITY" or "San Bernardino"). WITNESSETH: WHEREAS, the Interim City Manager has determined that it is was necessary for the CITY to contract for emergency repair to the street adjacent to the Old Waterman Canyon Bridge in the City of San Bernardino on and about February 11, 2009 to February 13, 2009; and WHEREAS, such emergency necessitated emergency purchases pursuant to SBMC Section 3,04,075; WHEREAS, Vendor was the lowest bidder from a previous selection process and was under contract to make street repairs and provided the necessary materials, equipment and contractual services at the lowest possible price obtainable, NOW, THEREFORE, the parties hereto agree as follows: l. SCOPE OF SERVICES. For the remuneration stipulated, San Bernardino hereby engages the services of VENDOR to provide those products and services as set forth in Attachment "I". 2. COMPENSATION AND EXPENSES, a, For the services delineated above, the CITY, upon presentation of an invoice, shall pay the VENDOR up to the amount of $48,266, for the completion of emergency repairs to the street adjacent to the Old Waterman Canyon Bridge. b. No other expenditures made by VENDOR shall be reimbursed by CITY, I EXHIBIT "A" 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 3. TERM; TERMINATION. Except otherwise specifically set forth herein, the term of this agreement shall be for a period of time to payment by City of the compensation specified herein. This Agreement may be terminated at any time by thirty (30) days' written notice by either party. The terms of this Agreement shall remain in force unless mutually amended in writing, 4. INDEMNITY. Vendor agrees to and shall indemnify and hold the City, its elected officials, employees, agents or representatives, free and harmless from all claims, actions, damages and liabilities of any kind and nature arising from bodily injury, including death, or property damage, based or asserted upon any or alleged act or omission of Vendor, its employees, agents, or subcontractors, relating to or in any way connected with the accomplishment ofthe work or performance of service under this Agreement, unless the bodily injury or property damage was actually caused by the sole negligence of the City, its elected officials, employees, agents or representatives. As part ofthe foregoing indemnity, Vendor agrees to protect and defend at its own expense, including attorney's fees the City, its elected officials, employees, agents or representatives from any and all legal actions based upon such actual or alleged acts or omissions, Vendor hereby waives any and all rights to any types of express or implied indemnity against the City, its elected officials, employees, agents or representatives, with respect to third party claims against the Vendor relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement. 5. INSURANCE, While not restricting or limiting the foregoing, during the term of this Agreement, VENDOR shall maintain in effect policies of comprehensive public, general and automobile Exhibit "A" 2 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. CITY shall be set forth as an additional named insured in each policy of insurance provided hereunder. The Certificate of Insurance furnished to the CITY shall require the insurer to notify CITY at least 30 days prior to any change in or termination of the policy, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. 25 VENDOR warrants that it possesses or shall obtain, and maintain a business registration 26 certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits, 27 28 6, NON-DISCRIMINATION, In the performance of this Agreement and in the hiring and recruitment of employees, VENDOR shall not engage in, nor permit its officers, employees or agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or sexual orientation, or any other status protected by law, 7. INDEPENDENT CONTRACTOR. VENDOR shall perform work tasks provided by this Agreement, but for all intents and purposes VENDOR shall be an independent contractor and not an agent or employee of the CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for VENDOR and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Exhibit "A" 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 qualifications, insurance and approval of whatever nature that are legally required of VENDOR to practice its business or profession, 9. NOTICES. Any notices 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: Public Services Director 300 North "D" Street San Bernardino, CA 92418 Telephone: (909) 384-5140 TO THE VENDOR: Nelson Paving and Grading Incorporated 1354 Jet Way Perris, CA 92571 Telephone: 951-940-0200 10. ATTORNEYS' FEES. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions or 18 provisions hereof, The costs, salary and expenses of the City Attorney and members of his 19 20 21 office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the purposes of this paragraph, 11. ASSIGNMENT, 22 23 VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or 24 encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior 25 written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void 26 and shall constitute a breach of this Agreement and cause for the termination of this 27 28 Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR Exhibit "A" 4 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 of VENDOR's obligation to perform all other obligations to be performed by VENDOR hereunder for the term ofthis Agreement. 12. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the State courts located in the County of San Bernardino, State of California or the U.S, District Court for the Central District of California, Riverside Division, The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature. 13. GOVERNING LAW, This Agreement shall be governed by the laws of the State of California. 14. SUCCESSORS AND ASSIGNS, This Agreement shall be binding on and inure to the benefit of the parties to this Agreement and their respective heirs, representatives, successors, and assigns. 15. HEADINGS. The subject headings of the sections of this Agreement are included for the purposes of convenience only and shall not affect the construction or the interpretation of any of its provIsIOns. 16, SEVERABILITY. If any provision ofthis Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions ofthis Agreement shall remain in full force and effect. III Exhibit "A" 5 2009-91 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 17. ENTIRE AGREEMENT; MODIFICATION. This Agreement constitutes the entire agreement and the understanding between the parties, and supercedes any prior agreements and understandings relating to the subject manner of this Agreement. This Agreement may be modified or amended only by a written instrument executed by all parties to this Agreement. IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below, ,2009 VENDOR, BY:~~~_ Its: --1J ~ (y C fO Dated: 5-5 Dated~dl'1' ,2009 ::JIJ.~TNO Cit anager Approved as to Form: EXHIBIT" A" 6 02/23/2009 17:59 9519409192 NPG GOLDSTAR I-'Aljl:.. 1:1:L/1:18 NPG CORPORA TION P,O. Box 1515 Parris, CA 92572 Phone # 951-940-0200 INVOICE DATE INVOICE # 2/] 1/09 1108198 BILL TO SERVICE LOCATION Old Waterman Road & Highway 38 RENTAL DIVISION City of San Bernardino Attention: Accounts Payable 234 S. Mountain View Ave. San Bernardino, CA 92408 NPG Job. P.O.. Terms DueOaIe Rep Service Oate Job # 6994 PO# 302326 Net ]5 2/26/09 RS 2/11109 It... Description QIy Units Unit Price Total HI... John Deere 770 Loader 3 yard (operated per day) 8 hour 145.00 1,160.00 4 Crew Truck wIT 0015 (bare.. per day) 1 day 325.00 325.00 20 Skip Loader (bare.. per day) 1 day 350.00 350.00 0 Skip Loader Operator 8 hour 81,60 652.80 D.., 10 Wheel Dump Truck (bare - per day) 1 day 350.00 350.00 ]0 Dump Truck Operator 8 hour 81.60 652,80 0 Backhoe w/16' Extender (bare - per day) 1 day 350.00 350.00 10 Backhoe Operator 8 hour 81.60 652.80 w.., Water Truck Operated 8 hour 123.00 984.00 0 Traffic Control .. Per day 1 LS 2,500.00 2,500.00 0 Concrete Material 10 yards 123.00 1,230.00 0 Concrete Pump 1 LS 400,00 400.00 0 Rip Rap Material 100 ton 40.00 4,000.00 Fo... Foreman Iw truck 8 hour 110.40 883.20 15 Laborer X 3 24 hour 75.60 1,814.40 M... Equipment Moves In - Mobilization 1 LS 1,500.00 1,500.00 su... 15% Overhead / Markup (17,805.00 X 15% = 2,670.75) 1 15% 2,670.75 2,670,75 MarkUp Total $20,475,75 Please Pay From This lrwoice Payments/Credits $0,00 Malee Check Payable To "NPG Corporation" Joinl checks issued must be endorsed with signatllre guarantee from bank... Balance Due $20,475.75 02/?3/2009 17:59 9519409192 NPG GOLDSTAR PAGE 03/05 INVOICE NPG CORPORA TION P,O. Box 1515 Perris, CA 92572 Phone # 951-940-0200 DATE INVOICE # 2/12109 1108202 BILL TO City of San Bernardino Attention: Accounts Payable 234 S, Mountain View Ave, San Bernardino, CA 92408 RENTAL DIVISION (,JIt~~ p ~ ff4{r/~ a.,.-It- V0 "'- \-<-r ......--. RoJ '- .A ~...<- NPG Job # P.O. # Terms Job # 6994 PO# 302326 Net 15 f\L-t.- It.. Description Bt.. John Deere 3 yard Loader Operated (per hour) 4 Crew Truck wrrools (bare - per day) 20 Skip Loader (bare - per day) ------ ..............1..' 0 Skip loader Operator 8 hour 81.60 652.80 Ow 10 Wheel Dump Truck (bare - per day) 1 day 350.00 350,00 0 Dump Truck Operator 8 hour 81.60 652.80 0 Backhoe wl16' Extender (bare - per day) 1 day 350.00 350.00 0 Backhoe Operator 8 hour 81.60 652.80 W... Watar Truck Operated 8 hour 123.00 984.00 0 Traffic Control' Per day 1 Day 2,500.00 2,500,00 0 Rip Rap Materiel 45.13 ton 40,00 1,805,20 0 Concrete Material 10 yards 123.00 1,230.00 0 Concrete Pump 1 lS 400.00 400.00 Fo.., Foreman Iw truck 8 hour 110.40 883.20 15 laborer X 3 24 hour 75.60 1,814,40 SU... 15% Overhead I Markup (14,110.20X 15% = 2116.53) 1 15% 2,116.53 2,116.53 Markup Thank you for your business. Total $16,226.73 Please Pay From This Invoice PaymentslCredils $0.00 Make Check Payable To "NPG Corporation" Joint checlcs issued must be endorsed with signature guarantee from bank... Balance Due $16,226.73 02/23/2009 17:59 9519409192 NPG GOLDSTAR PAGE 04/05 NPG CORPORATION P.O. Box 1515 Perris, CA 92572 Phone # 951-940-0200 INVOICE DATE INVOICE # 2/13/09 II 08203 BILL TO SERVICE LOCA nON Old Watennan Road & RENTAL DIVISION Highway 38 City of San Bernardino Attention: Accounts Payable 234 S. Mountain View Ave. San Bernardino, CA 92408 NPG Job t# P,O.# Tenns Due Date Rep Service Date Job # 6994 PO# 302326 Net 15 2/28109 RS 2/13/09 It... Description Qty Units Unit Price Total Bt.. John Deere 3 yard Loader Operated (per hour) 8 hour 145.00 1,160.00 4 Crew Truck wrr ools (bare - per day) 1 day 325,00 325,00 20 Skip Loader (bare - per day) 1 day 350.00 350,00 0 Skip Loader Operator 8 hour 81.60 652.80 D... 10 Wheel Dump ( bare - per day) 1 day 350.00 350.00 0 Dump Truck Operator 8 hour 81.60 652.80 W.., Water Truck Operated 8 hour 123.00 984.00 0 Asphalt Material 10.96 ton 65,00 931.60 0 Class II Base Material 20 ton 20.00 400,00 Fo... Foreman Iw truck 8 hour 110.40 883.20 15 Laborer X 2 16 hour 116.60 1,865,60 M... Equipment Moves Out - De-Mobilization 1 LS 1,500.00 1,500.00 su... 15% Overhead 1 Markup (10,055.00 X 15% ~ 1,508.25) 1 15% 1,508.25 1 ,508.25 Markup Thank you for your business. Total $11,563.25 Please Pay From This Invoice Payments/Credits $0,00 Make Check Payable To "NPG Corporation" Joint checks isswuI must be endorsed with signature guarantee from bank... , Balance Due $11.563,25 02/23/2009 17:59 CD U c ~.!! i= ca ~~~ o CD U A Q," a:O~ 0... l! o CDI- C) E:;: 0.. 0 Z'U) :::J () .. '= m lE"'- B,.E!nI cnijC '!".:o3 N~" )1 II u " .. ii 01 c 8. o II o E .. lE ~I ~I ~ 6 0. c 8- -!2- o .. "N II 010. " , :J III 0:: ?! u 9519409192 o o d o o o o N 0..... 000 0"': cO ~~~ ~('t)1O "''''''' ~ 8111111~ ONcO~ ~~~~ ~:8<<i"~ ... ... N N u:iuj "' .... .. '" ,..:.,; "' "' (t~~~;! j:::",.~s1~&l lIDC!.fD- a)a)CO"":-_ ... ..,. t") N N "'... 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CITY OF SAN BERNARDINO OFFICE OF THE PUBLIC SERVICES DIRECTOR INTER-OFFICE MEMORANDUM ~ :;; , TO: FROM: f} DATE: Mark F, Weinberg, Interim City Manager , Ken Fischer, Public Services Director March 24, 2009 SUBJECT: Approval of Emergency Repair of Old Waterman Bridge Road Surface COPIES: On February 10, 2009 Public Services received a call from City Engineer Robert Eisenbeisz. Robert reported that the Gas Company had contacted him regarding an exposed natural gas line at the Waterman Bridge. The gas line had become exposed as water run off had traveled down the side of the bridge abutment and roadway. The erosion caused the road shoulder to fail exposing the gas Hne. The condition of the road was at a critical juncture and required emergency repair. The road serves as a secondary access to area residents, is used for a staging road for emergency response and serves as a detour in the event that Waterman is closed in the area. The attached email was sent to you on February 11th. It detailed the circumstance known at the time, Since then the road was repaired during the February 11 to 13 time period for a cost of $48, 266. Also attached is a photograph of the road condition prior to the repair. It shows the exposed gas line and the undermining of the k-rails at the road edge. The purpose of this memorandum is to gain your signature for formal approval of the actions taken to repair the area before the roadway failed further. f the emergency expenditures. Mark , einberg, Interim City Manager Message Page 1 ot 1 Fischer_Ke From: Eisenbeisz_Ro Sent: Tuesday, March 24,200910:12 AM To: Fischer_Ke Subject: FW: old waterman canyon road bridge Importance: High -----Original Message---n From: Fischer_Ke Sent: Wednesday, February 11, 2009 9:36 AM To: Weinberg_Ma Cc: Eisenbeisz_Ro; Ross_Va Subject: old watennan canyon road bridge Importance: High Mark, there is a two lane bridge on old waterman canyon road that is to be replaced by FEMA as part of the old fire, but it is not yet fully funded. Recently, the City was notified that the roadway was being eroded by water washing over the side of the bridge and it exposed a gas line. Robert Eisenbeicz said that we need to make emergency repairs to stabilize the roadway, so Public Services is working with a contractor to install rip/rap in the eroded area and then backfill the location so it can remain open. The cost is estimated at approximately $30,000. We are using already budgeted funds to make this emergency repair. If we do not act Robert will close the roadway, Should this occur there would be only one access into and out of the area. Robert told me there are many homes that use this road for access, Robert can provide more details if required. Ken Fischer Public Services Director 909384-5140 3/24/2009 \ '\.~, ):,. i". (..'),,, \ '\ A. j \ ", ~ 11f;';~' ~, " "'1P, .t;~" ':~&;.l il. __:,._.):'<1J",", r , ~ . I.f ~ ~ \ ',,;, ':J.,_ ..... """- ~..~ r. \ \\ " I, ~ ":~>~~j ''-...'>..:"''.....r , ,"<t& \~~ {', {fj , I', t ;~.~ .. \~ ,! ~; ~~ -, ".' ./'(;,;;. .Jl! f* ;. ~,' ~ ~/i&, ~"! ~'~ performance specifications are not readily available; 2. The City is not able to develop descriptive specifications; or, 3, The quality of the supplies and equipment cannot be accurately determined by reference to their specifications alone. At the completion of such a negotiated purchase a written report thereon shall be made to the City Administrator. (Ord. MC-858, 1-11-93: Ord. MC-1346, 12-5-88; Ord. MC-1302, 6-1-87; MC-491 , 1-21-86; Ord, MC- 183,7-13-82; Ord, 3893 S1, 1980; Ord. 3723, 1978; Ord. 3514 S7, 1975; Ord. 2588 S7, 1964) (City Attorney Opinion No, 92-19) 3,04.075 Emergency purchases, In case of an emergency, which is so urgent as to preclude advance action by the Mayor and Common Council and which requires purchase of supplies, materials, equipment or contractual services, the City Administrator shall have the authority to authorize the Purchasing Agent to secure in the open market at the lowest obtainable price any such supplies, materials, equipment or contractual services. This emergency authority shall extend to all purchases, irrespective of the fact that the amount might exceed the authorized limitation for open market purchases, In all instances a full explanation of the emergency circumstances shall be filed with the Mayor and Common Council. (Ord. 3893 s2, 1980; Ord, 2588 s7Y" 1964.) 3.04.080 Open market procedure, Purchase of supplies, materials, and equipment of a value in the amount of twenty-five thousand dollars or less may be made by the Purchasing Agent in the open market, in accordance with the following procedure: A. Minimum Number of Bids, Open market purchases shall wherever possible, be based on at least three bids, and shall be awarded to the lowest and best bidder. B. Notice inviting bids. The Purchasing Agent shall solicit bids by written requests or by telephone to prospective vendors. C. Written Bids, Sealed written bids shall be submitted to the Purchasing Agent who shall keep a record of all open market orders and bids for the required period of time after the submission of bids or the placing of orders. This record while so kept shall be open to public inspection. D. Open Market Purchases For Which No Bids Are Required. For open market purchases not exceeding twenty-five hundred dollars, the Purchasing Agent shall have the authority to select a specific vendor and place an order without obtaining additional competitive bids. (Ord, MC-858, 1-11-93; Ord. MC-646, 12-5-88; Ord. MC-602, 6-1-87; Ord, MC-183, 7-6-82; Ord, 3893, ss3,4, 1980; Ord, 3531 (part), 1975; Ord. 2588 S8, 1964) (City AttomeyOpinion No. 92-19) 3.04.085 Services, A, The Purchasing Agent may contract for services of a value of twenty-five [Rev. December 1,2008] 3-5 (', , "- -', '::-; ........... ----:-- -,- " .~."!!> .. · \;S~ "', _~;r;~ ~..-:, .''^ ~ ~, 'i?:'''''' ''';; ,:,;,.\").:~,:-, - . :....,~ : -- -I:~--'" .,-.::-~, . '-'~ ',". t -:~ ,~<.:r'l .~,~~ _l~ \~ . <,,' _/ ,'.', .., /~.i.' "~'I ,l;':'. ':~J "-'1 I,' ~~ ;1./' i.',' ./ ,-I' '..... ,I .f ". ~ '."1' ;1 ,.\ "f, :',. "1 i }-.: .\ /, , , \~ , ,/ \ ,I...tl ~I' III .,." ~< 'r ,'J/ ,I , , ! I \ ~\ J.ft l' - ~ , , 4 \ \', , \ r: \\, , ,} '\ \ , \\ \ , , , ,11;\ , , j~ , !. .. I 'I' .. ,< '/ <; ~, ,j ...;...., " I -: ," IN AN EMERGENCY CALL 800) 548-6841 CALIFORNIA GAS COMPANY CTlON OF THIS SIGN VIOLA TES FEDERAL LAW M~ .~s......r,.....,._~., - @ ,. ~~ '- ,'.. ",_V,' I '.- ' , " " '. ~:-c ~----_.- .- .--.: ~- ~- .-",.,...- ~.... ,.. q /' .-' ~ -' .~ "