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HomeMy WebLinkAbout20- Public Services CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION ORIGINAL From: Randy Kuettle, Acting Director Subject: Resolution of the Mayor and Common Council of the City of San Dept: Public Services Bernardino authorizing the execution of an Amendment and increase to Annual Date: February 8, 2010 Purchase Order Number 210491 by $200,100 to Guzman Construction Company for additional concrete repairs. Meeting Date: February 16, 2010 Synopsis of Previous Council Action: On August 18, 2008 - per Resolution 2008-334 - the Mayor and Common Council of the City of San Bernardino authorized the execution of an Agreement and issuance of a Purchase Order in the amount of $100,000 with three (3) one-year extensions at the City's option between the City of San Bernardino and Guzman Construction Company for the repairs of sidewalks, curbs, gutters and cross gutters. Recommended Motion: Adopt Resolution. Signature Contact person: Randy Kuettle, Acting Director Phone: 5140 Supporting data attached: Ward: All Staff Report, Resolution, Amendment No. 1 to the Vendor Service Agreement and Attachment 1 FUNDING REQUIREMENTS: Amount: $200,100 Source: FY 09-10 Capital Improvement Projects (See Staff Report) Finance: Council Notes: gaa --alO/D - � 9 Agenda Item No. ZU CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION Staff Report Subject: Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an Amendment and increase to Annual Purchase Order Number 210491 by $200,100 to Guzman Construction Company for additional concrete repairs. Background: On August 18, 2008, the Mayor and Common Council of the City of San Bernardino authorized the execution of an Agreement and issuance of a Purchase Order in the amount of $100,000 with three (3) one-year extensions at the City's option between the City of San Bernardino and Guzman Construction Company for the repairs of sidewalks, curbs, gutters and cross gutters per Resolution 2008-334 and RFQ 08-26. The scope of work for bid RFQ 08-26 included cross gutters and concrete bus pads (See Attachment "1" items H & O). The Public Services Department, Streets Division, has Purchase Order Number 210491 for FY 09-10 with Guzman Construction Company in the amount of $100,000 for the repairs of sidewalks, curbs, gutters and cross gutters. However, staff has identified two (2) projects that are in need of concrete repair and would like to increase the current Purchase Order to include the following two (2) projects: 1. SS-F Account No. 129-367-5504-7375 (Bus Stop Concrete Pads) in the amount of $50,100. The bus stop concrete pads will be installed in the following locations: Highland and Lincoln, Highland and "H" Street, 679 Highland Ave, Highland Ave, Harrison and Highland, 2200 Highland Ave, Baseline and Sierra Way. 2. GB 04-07 Account Number 132-431-5504-7476 (City Yard Phased Pavement Replacement and NPDES Compliance) in the amount of $150,000. This project will remove and replace failed 6' cross gutters at the City Yard facility. Also, drainage will be improved to comply with NPDES requirements. Guzman Construction Co. is a local vendor that has provided the City of San Bernardino with over 20 years of service and has proven to be reliable. Staff recommends that the Mayor and Common Council authorize an Amendment to the Agreement and an increase to Purchase Order Number 210491 by an additional $200,100 for additional concrete repairs for a total not to exceed $300,100. Financial Impact: There will be no impact to the General Fund. The funds for these projects are available and have been budgeted in FY 09-10, Capital Improvement Programs (CIP), SS-F Account No. 129-367-5504-7375 (Bus Stop Concrete Pads) in the amount of $50,100; and GB 04-07 Account Number 132-431-5504-7476 (City Yard Phased Concrete Replacement and NPDES Compliance) in the amount of$150,000. Recommendation: Adopt Resolution. 1 1 RESOLUTION NO. COPY 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDMENT AND 3 INCREASE TO ANNUAL PURCHASE ORDER NUMBER 210491 BY $200,100 TO GUZMAN CONSTRUCTION COMPANY FOR ADDITIONAL CONCRETE REPAIRS. 4 5 WHEREAS, the current FY 09-10 Annual Purchase Order of $100,000 needs to 6 be increased by $200,100 for a total Purchase Order amount of $300,100 for 7 additional concrete repairs. 8 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 9 OF SAN BERNARDINO AS FOLLOWS: 10 SECTION 1. That the City Manager of the City of San Bernardino is hereby 11 authorized to execute on behalf of said City an Amendment to the Agreement between 12 the City of San Bernardino and Guzman Construction Company, a copy of which is 13 attached hereto, marked Exhibit "A" and incorporated herein by this reference as fully 14 15 as though set forth at length. 16 SECTION 2. Pursuant to this determination, the Finance Director or her 17 designee is hereby authorized to increase Annual Purchase Order Number 210491 18 from $100,000 to $300,100 for FY 09-10. 19 SECTION 3. The Annual Purchase Order shall reference this Resolution and 20 shall read, "Guzman Construction Company for additional concrete repairs." 21 SECTION 4. The authorization to execute the above referenced Amendment is 22 23 rescinded if it is not issued within sixty (60) days of the passage of this Resolution. 24 25 26 27 28 -/��/d 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AMENDMENT AND 2 INCREASE TO ANNUAL PURCHASE ORDER NUMBER 210491 BY $200,100 TO GUZMAN CONSTRUCTION COMPANY FOR ADDITIONAL CONCRETE REPAIRS. 3 4 1 HEREBY CERTIFY that the foregoing Resolution was duly adopted by the 5 Mayor and Common Council of the City of San Bernardino at a 6 meeting thereof, held on the day of 2010, by the 7 following vote, to wit: 8 Council Members: AYES NAYS ABSTAIN ABSENT 9 ESTRADA 10 BAXTER 11 12 BRINKER 13 SHORETT 14 KELLEY 15 JOHNSON 16 MCCAMMACK 17 18 19 Rachel G. Clark, City Clerk 20 The foregoing resolution is hereby approved this day of 21 12010. 22 23 Patrick J. Morris, Mayor City of San Bernardino 24 Approved as to Form: 11 25 Byl James . Penman 26 City Attorney } 27 28 1 AMENDMENT NO. 1 TO VENDOR SERVICE AGREEMENT 2 3 This Agreement is entered into this 16th day of February 2010,by and 4 between Guzman Construction Company("VENDOR") and the City of San Bernardino ("CITY"or"San Bernardino"). 5 6 RECITALS 7 8 A. On August 18, 2008 —per Resolution 2008-334 - the Mayor and Common 9 Council of the City of San Bernardino authorized the execution of an Agreement 10 and issuance of a Purchase Order in the amount of$100,000 with three(3) one- year extensions at the City's option between the City of San Bernardino and 1 Guzman Construction Company for the repairs of sidewalks, curbs, gutters and 12 cross gutters, a copy which is attached hereto as Attachment "1" and incorporated 13 by this reference. 14 B. The CITY and VENDOR now desire to alter the Agreement to increase the 15 amount of the Agreement by$200,100 for a total not-to-exceed $300,100 for FY 16 09-10. 17 AGREEMENT 18 In consideration of the mutual promises contained in the Vendor Services Agreement, 19 the parties agree as follows: 20 21 1. Section 2 (a) of the Agreement is amended by striking $100,000 and adding 22 the term $300,100. 23 2. All other provisions of the written contract are reaffirmed as originally stated. 24 25 26 27 28 Exhibit"A" 1 1 AMENDMENT NO. i TO VENDOR SERVICE AGREEMENT GUZMAN CONSTRUCTION COMPANY 2 3 IN WITNESS THEREOF, the parties hereto have executed the Agreement on the day 4 and date first above written. 5 6 Dated: 12010 Guzman Construction Company 7 By: 8 9 10 1 1 Dated: 2010 CITY OF SAN BERNARDINO 12 13 By: Charles E. McNeely, City Manager 14 15 16 ATTEST: 17 18 19 Rachel Clark, City Clerk 20 21 Approved as to form: 22 23 James F. Penman, City Attorney 24 By: 25 26 27 28 Exhibit "A" 2 1 AMENDMENT NO. 1 TO VENDOR SERVICE AGREEMENT 2 3 This Agreement is entered into this 16th day of February 2010,by and 4 between Guzman Construction Company("VENDOR")and the City of San Bernardino ("CITY"or"San Bernardino"). 5 6 RECITALS 7 8 A. On August 18, 2008—per Resolution 2008-334 -the Mayor and Common 9 Council of the City of San Bernardino authorized the execution of an Agreement 10 and issuance of a Purchase Order in the amount of$100,000 with three (3) one- year extensions at the City's option between the City of San Bernardino and 11 Guzman Construction Company for the repairs of sidewalks, curbs, gutters and 12 cross gutters, a copy which is attached hereto as Attachment"1" and incorporated 13 by this reference. 14 B. The CITY and VENDOR now desire to alter the Agreement to increase the 15 amount of the Agreement by$200,100 for a total not-to-exceed $300,100 for FY 16 09-10. 17 AGREEMENT IS In consideration of the mutual promises contained in the Vendor Services Agreement, 19 the parties agree as follows: 20 21 1. Section 2 (a) of the Agreement is amended by striking $100,000 and adding 22 the term $300,100. 23 All other provisions of the written contract are reaffirmed as originally stated. 24 25 26 27 28 1 1 AMENDMENT NO. 1 TO VENDOR SERVICE AGREEMENT GUZMAN CONSTRUCTION COMPANY 2 3 IN WITNESS THEREOF, the parties hereto have executed the Agreement on the day 4 and date first above written. 5 6 Dated: 2010 Guzman Construction Company 7 By: 8 9 10 Dated: 2010 CITY OF SAN BERNARDINO 12 13 By: Charles E. McNeely, City Manager 14 15 16 ATTEST: 17 18 19 Rachel Clark, City Clerk 20 21 Approved as to form: 22 23 James F. Penman, City Attorney 24 ) 5?)By: �ti�S1 - 25 26 27 28 2 ATTACHMENT I 2008-334 1 VENDOR SERVICE AGREEMENT 2 This Vendor Service Agreement is entered into this 18� day of August 3 4 2008,by and between Guzman Construction Co. ("VENDOR") and the City of San Bernardino 5 ("CITY"or"San Bernardino"). 6 WITNESSETH: 7 WHEREAS, the Mayor and Common Council have determined that it is in the best 8 interest of the CITY to contract for the repairs of sidewalks, curbs, gutters and cross gutters per 9 RFQ F-08-26; and 10 1 WHEREAS, the City of San Bernardino has determined that vendor possesses the 12 professional skills and ability to provide said services for the City: 13 NOW, THEREFORE, the parties hereto,agree as follows: 14 1. SCOPE OF SERVICES. 15 For the remuneration stipulated in paragraph 2, San Bernardino hereby engages the 16 services of VENDOR to provide those products and services as set forth in RFQ F-08-26 dated 17 July 15, 2008, attached hereto, marked Attachment "1" and incorporated herein by this 18 19 reference as fully as though set forth at length. 20 2. COMPENSATION AND EXPENSES. 21 a. For the services delineated above, the CITY, upon presentation of an invoice, shall 22 pay the VENDOR up to the amount of $100,000 to provide repairs of sidewalks, 23 curbs, gutters and cross gutters per RFQ F-08-26. 24 b. No other expenditures made by VENDOR shall be reimbursed by CITY. 25 "' 26 �rw 27 28 2008-334 1 3. TERM. 2 The term of this agreement shall be from August 18, 2008 through June 30, 2009, with 3 three (3) one-year extensions at the City's option. Option year one, if exercised, shall be 4 effective July 1, 2009 through June 30, 2010. Option year two, if exercised, shall be effective 5 July 1, 2010 through June 30, 2011. Option year three, if exercised, shall be effective July 1, 6 2011 through June 30, 2012. Each option shall be exercised by written agreement of the parties 7 8 executed on or before expiration of the current term. 9 This Agreement may be terminated at any time by thirty (30) days prior written notice 10 by either party. The terms of this Agreement shall remain in force unless amended by written 11 agreement of the parties executed on or before date of expiration of current term of the 12 agreement. 13 4. INDEMNITY. 14 15 Vendor agrees to and shall indemnify and hold the City, its elected officials, employees, 16 agents or representatives, free and harmless from all claims, actions, damages and liabilities of 17 any kind and nature arising from bodily injury, including death, or property damage, based on 18 asserted upon any or alleged act or omission of Vendor, its employees, agents, or 19 subcontractors, relating to or in any way connected with the accomplishment of the work or 20 performance of service under this Agreement, unless the bodily injury or property damage was 21 22 actually caused by the sole negligence of the City, its elected officials, employees, agents or 23 representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its 24 own expense, including attorney's fees the City, its elected officials, employees, agents or 25 representatives from any and all legal actions based upon such actual or alleged acts or 26 omissions. Vendor hereby waives any and all rights to any types of express or implied 27 indemnity against the City, its elected officials, employees, agents or representatives, with 28 2008-334 1 respect to third party claims against the Vendor relating to or in any way connected with the 2 accomplishment of the work or performance of services under this Agreement. 3 5. INSURANCE. 4 While not restricting or limiting the foregoing, during the term of this Agreement, 5 VENDOR shall maintain in effect policies of comprehensive public, general and automobile 6 7 liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory 8 worker's compensation coverage, and shall file copies of said policies with the CITY's Risk 9 Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an 10 additional named insured in each policy of insurance provided hereunder. The Certificate of 11 Insurance furnished to the CITY shall require the insurer to notify CITY of any change or 12 termination in the policy. 13 6. NON-DISCRIMINATION. 14 15 In the performance of this Agreement and in the hiring and recruitment of employees, 16 VENDOR shall not engage in, nor permit its officers, employees or agents to engage in, 17 discrimination in employment of persons because of their race, religion, color, national origin, 18 ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or 19 sexual orientation, or any other status protected by law, except as permitted pursuant to Section 20 12940 of the California Government Code. 21 7. INDEPENDENT CONTRACTOR. 22 23 VENDOR shall perform work tasks provided by this Agreement, but for all intents and 24 purposes VENDOR shall be an independent contractor and not an agent or employee of the 25 CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of 26 Income Tax, Social Security, State Disability Insurance Compensation, Unemployment 27 Compensation, and other payroll deductions for VENDOR and its officers, agents, and 28 2008-334 1 employees, and all business license, if any are required, in connection with the services to be 2 performed hereunder. 3 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. 4 VENDOR warrants that it possesses or shall obtain, and maintain a business registration 5 certificate pursuant to Chapter 5 of the Municipal Code, and any other license, permits, 6 7 qualifications, insurance and approval of whatever nature that are legally required of VENDOR 8 to practice its business or profession. 9 9. NOTICES. 10 Any notices to be given pursuant to this Agreement shall be deposited with the United 11 States Postal Service,postage prepaid and addressed as follows: 12 TO THE CITY: Public Services Director 13 300 North"D" Street San Bernardino, CA 92418 14 Telephone: (909) 384-5140 15 TO THE VENDOR: Guzman Construction Co. 16 1254 S. Waterman Ave. Suite 24 San Bernardino, CA 17 Telephone: (909) 890-9975 18 Contact: Refugio Guzman 19 10. ATTORNEYS' FEES 20 In the event that litigation is brought by any party in connection with this Agreement, 21 the prevailing party shall be entitled to recover from the opposing party all costs and expenses, 22 including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of 23 its rights or remedies hereunder or the enforcement of any of the terms, conditions or 24 provisions hereof The costs, salary and expenses of the City Attorney and members of his 25 26 office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' 27 fees" for the purposes of this paragraph. 28 2008-334 1 11. ASSIGNMENT. 2 VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or 3 encumber all or any part of the VENDOR's interest in this Agreement without CITY'S prior 4 written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void 5 and shall constitute a breach of this Agreement and cause for the termination of this 6 Agreement. Regardless of CITY'S consent, no subletting or assignment shall release VENDOR 7 8 of VENDOR's obligation to perform all other obligations to be performed by VENDOR 9 hereunder for the term of this Agreement. 10 12. VENUE. 11 The parties hereto agree that all actions or proceedings arising in connection with this 12 Agreement shall be tried and litigated either in the State courts located in the County of San 13 Bernardino, State of California or the U.S. District Court for the Central District of California, 14 15 Riverside Division. The aforementioned choice of venue is intended by the parties to be the 16 mandatory and not permissive in nature. 17 13. GOVERNING LAW. 18 This Agreement shall be governed by the laws of the State of California. 19 14. SUCCESSORS AND ASSIGNS. 20 This Agreement shall be binding on and inure to the benefit of the parties to this 21 22 Agreement and their respective heirs, representatives, successors, and assigns. 23 15. HEADINGS. 24 The subject headings of the sections of this Agreement are included for the purposes of 25 convenience only and shall not affect the construction or the interpretation of any of its 26 provisions. 27 28 2008-334 1 16. ENTIRE AGREEMENT; MODIFICATION. 2 This Agreement constitutes the entire agreement and the understanding between the 3 parties, and supercedes any prior agreements and understandings relating to the subject manner 4 of this Agreement. This Agreement may be modified or amended only by a written instrument 5 executed by all parties to this Agreement. 6 /// 7 8 /// 9 10 11 /// 12 13 14 15 /// 16 17 18 19 20 21 22 23 24 25 26 © 27 28 2008-334 1 VENDOR SERVICE AGREEMENT GUZMAN CONSTRUCTION CO. 2 3 IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day 4 and date set forth below. 5 Dated: 12008 VENDOR. 6 By: C 7 8 its 9 Dated a / 2008 CITY b ERNARDINO 10 By: Fr d son, City Manager 11 Approved as to Form: 12 By: 13 J s F. Penman, City Attorney 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 O z IF r (_ I — _ Ip I.*n Irn Ip n Im a -� m -i In or o? 0 0 M to rn w rn n oo au rn rn n A p r o O cn �t CD � A C) "d ° m ? N n t 0 c) N c) c) c� c) p- a) •can m a 00° 3 3 m a o N o °m N m c . . o Cl- n N o 0 CD N n N 0.3. 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CITY OF SAN BERNARDINO SPECIFICATIONS CONCRETE REPAIR OF SIDEWALKS - VARIOUS LOCATIONS APRIL 2008 SCHEDULE OF PRICES - BASE BID Item Description Estimated Unit Unit Price Extended Number Quantity Amount A 4" Sidewalk R&R 3,000 Square Foot B. Curb only Type A, R&R 500 Linear Foot C 6" Curb & Gutter 500 Linear Foot 18" R&R D 6" Curb & Gutter 24" R&R 500 Linear Foot E 8" Curb & Gutter 500 Linear Foot 18" R&R F 8" Curb & Gutter 500 Linear Foot 24" R&R G. Cross Gutter 3' R&R 1500 Square Foot H. 6' Cross Gutter R&R 1000 Square Foot 3' Cross Gutter R&R with 250 Lineal Foot #4 Rebar on 1" Center 6' Cross Gutter R&R with 250 Lineal Foot #4 Rebar on 1" Center K Spandrel R&R 1000 Square Foot L Residential Approach 500 Square Foot M. Commercial Approach 500 Square Foot N. Curb Ramp 1000 Square Foot 8" Concrete Bus Pad with Square 0' #4 Rebar 1"center 4000 Foot Total Concrete materials shall be in accordance with the Standard Specifications for Public Works Construction, Latest Edition and the City standards. The following City Standards are made part of these specifications: Std No. 200—Typical Section -P.C.C. Curb & Gutter Std No. 201 —Cross Gutter—Spandrel Std No.202—Sidewalk Location Std No.203—Residential Driveway Approach Std No. 204—Commercial Driveway Approach Std No. 205—Curb Ramp