HomeMy WebLinkAbout07.D- City Manager RESOLUTION (ID # 4135) DOC ID: 4135 B
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Agreement/Contract
From: Allen Parker M/CC Meeting Date: 12/21/2015
Prepared by: Brandon Mims, (909) 384-
5122
Dept: City Manager Ward(s): 1
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing
the City Manager to Execute an Agreement with Norse Corporation for Improvements to
Jovi's Diner Not to Exceed $103,922.00. (#4135)
Current Business Registration Certificate: Yes
Financial Impact:
Account Budgeted Amount: $300,000
Account No. 119-100-0014-5502-2160
Account Description: Community Development Block Grant/Commercial Rehabilitation
Program.
Balance as of: November 16, 2015: $ 300,000
Balance after approval of this item: $ 196,078.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
On April 21, 2014 The Mayor and Common Council approved the City's 2014-2015
Annual Action Plan.
On June 2, 2014 The Mayor and Common Council approved an amendment to the
City's 2013-2014 Annual Action Plan to allocate $300,000 of Community Development
Block Grant (CDBG) funds to the Fagade Program.
On November 17, 2014 The Mayor and Common Council appropriated funding for the
Fagade Program.
On January 20, 2015 The Mayor and Common Council authorized the City Manager to
proceed with the Fagade Program by allocating $74,060 of CDBG funds for
improvements to Jovi's Diner's exterior fagade and associated improvements.
Analysis:
On September 29, 2015 the City's finance department released the Request for
Proposals (RFP) based on the engineer's estimate below with a due date of October 29,
2015. On October 6, 2015, a mandatory job walk was held at the project site. A total of
nine contractors attended.
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4135
Engineer's Estimate:
Activity Proposed Cost
1. Painting of entire complex $ 19,500
2. Installation of new signage $ 13,500
3. Expand Jovi's Diner's entrance/doors $ 26,000
4. Installation of parking bumpers $ 4,050
5. Install an "Unauthorized Vehicle" sign 1 350
Sub-Total $ 64,400
15% Contingency $ 9,660
Grand Total $ 74,060
Staff received three bids for the commercial rehabilitation of Jovi's Diner.
Name of Contractor (Location) Bid Amount
Fisher Contractor, Inc.(Diamond Bar) $97,153.00
Norse Corporation (Costa Mesa) $103,922.00
Spec Construction (Ontario) $127,950.00
All three bids exceeded the engineer's estimate. The lowest bidder was Fisher
Contractor Inc. at $97,153.00. However, Fisher Contractor Inc was deemed
unresponsive, or incomplete. Therefore, Staff recommends funding the next lowest
bidder, Norse Corporation, at $103,922.
Financial Impact
The proposed action does not impact the CDBG Budget for Fiscal Year 2015/2016.
Recommendation
Staff recommends approval of the attached Resolution.
City Attorney Review:
Yes
Supportinq Documents:
jovi's diner reso (DOC)
agrmt 4135 (PDF)
Jovi's Renderings (PDF)
jovi's bids (PDF)
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RESOLUTION NO:
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
2 BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE AN
3 AGREEMENT WITH NORSE CORPORATION FOR IMPROVEMENTS TO JOVI'S
DINER NOT TO EXCEED $103,922.00
4
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6 WHEREAS, on June 2, 2014, the Mayor and Common Council adopted a Commercial
7 Rehabilitation Program in order to provide grants to certain owners or tenants of eligible buildings
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8 who design and construct improvements to the exterior fagades of their buildings in the amount of
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9 $300,000; and °'
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10 WHEREAS, the fagade and associated improvements proposed by Recipient will be in v
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furtherance of the City's objectives for the Commercial Rehabilitation Program, improve the
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appearance of the City's Project Area, assist in the elimination of physical and economic blight in ci
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14 the Project Area, and stimulate private investment; and o
15 WHEREAS, Jovi's Diner has been conducting business in the City of San Bernardino since o
16 May 2013, and is becoming a popular downtown eatery frequented by many people who work in M
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17 downtown San Bernardino, students and local residents; and o
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WHEREAS, on September 29, 2015, staff released the Request for Proposals (RFP) with a
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20 due date of October 29, 2015 in line with the established procurement process, and conducted a job c
21 walk at the project site on October 6, 2015, to which nine contractors attended;
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22 WHEREAS, the City received three bids from contractual businesses for the work on Jovi's
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23 Diner, and a review panel selected the most appropriate bidder based on price and responsiveness.
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Packet Pa.835:-
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE AN
2 AGREEMENT WITH NORSE CORPORATION FOR IMPROVEMENTS TO JOVI'S
DINER NOT TO EXCEED $103,922.00
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NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND
5 ORDERED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO,AS FOLLOWS:
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7 Section 1. The City Manager is hereby authorized to enter into an agreement with
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Norse Corporation for improvements to "Jovi's Diner" under the City's 2015/2016 facade
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improvement program funded with Community Development Block Grant (CDBG), for Grant E
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11 Number CDBG-FO I-JD, attached hereto as Exhibit"A" and incorporated herein. `o
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12 Section 2. The aforementioned Agreement shall be for exterior improvements, w
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13 including but not limited to: v
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14 1. Painting of entire complex.
15 2. New signage above Jovi's Diner. .5
3. Installation of parking bumpers.
16 4. Revise Jovi's front entrance to include front entrance doors. M
5. Install an "Unauthorized Vehicle" sign per City Code.
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Section 3. That the total contract amount shall not exceed $103,922, to be paid from the
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19 City Manager's Department 2015/2016 Community Development Block Grant(CDBG)Budget.
20 Section 4. That a copy of this Resolution shall remain on file in the City Clerk's Office o
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21 for a minimum of seven (7) years after the date of adoption. d
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22 Section 5. This Resolution shall take effect upon its adoption and execution in the a
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23 manner as required by the City Charter.
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p�nlra4'Dn f2'ZR
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
1 BERNARDINO AUTHORIZING THE CITY MANAGER TO ISSUE A CONTRACT TO
2 NORSE CORPORATION FOR IMPROVEMENTS TO JOVI'S DINER NOT TO EXCEED
$103,922.00
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
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Common Council of the City of San Bernardino at a meeting thereof,
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7 held on the day of , 2015, by the following vote to wit:
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Council Members: Armes Nays Abstain Absent
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MARQUEZ E
10 BARRIOS
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11 VALDIVIA
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12 SHORETT
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13 NICKEL v
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14 JOHNSON o
15 MULVIHILL c
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17 Georgeann Hanna, City Clerk y
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20 The foregoing resolution is hereby approved this day of , 2015. o
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23 R. Carey Davis, Mayor
City of San Bernardino
24 Approved as to Form:
25 Gary D. Saenz, City Attorney
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By:
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AGREEMENT BETWEEN NORSE CONSTRUCTION AND THE CITY OF SAN
BERNARDINO FOR IMPROVEMENTS TO JOVI'S DINER AS PART OF THE CITY'S
FEDERALLY FUNDED COMMERCIAL REHABILITATION PROGRAM FOR
PROGRAM YEAR 2015/2016
This Agreement is entered into this 21sT day of December 2015, by and between NORSE
CONSTRUCTION ("CONTRACTOR") and the CITY OF SAN BERNARDINO ("CITY" or
"San Bernardino") for improvements to Jovi's Diner as part of the City's Community
Development Block Grant (CDBG) funded Commercial Rehabilitation Program for the
2015/2016 program year.
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WITNESSETH:
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WHEREAS, on June 2, 2014, the Mayor and Common Council adopted a Commercial E
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Rehabilitation Program in order to provide grants to certain owners or tenants of eligible
buildings who design and construct improvements to the exterior fagades of their buildings in the o
amount of$300,000; and r
WHEREAS, the facade and associated improvements proposed by Recipient will be in L
furtherance of the City's objectives for the Commercial Rehabilitation Program, improve the o
appearance of the City's Project Area, assist in the elimination of physical and economic blight v
in the Project Area, and stimulate private investment; and c
WHEREAS, Jovi's Diner has been conducting business in the City of San Bernardino °
since May 2013, and is becoming a popular downtown eatery frequented by many people who 0
work in downtown San Bernardino, students and local residents; and -,
WHEREAS, on September 29,2015, staff released the Request for Proposals (RFP)with M
a due date of October 29, 2015 in line with the established procurement process, and conducted a
job walk at the project site on October 6, 2015,to which nine contractors attended; and
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WHEREAS, the City received three bids from businesses for the work on Jovi's Diner,
and a review panel selected the most appropriate bidder based on price and responsiveness. v
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NOW,THEREFORE,the parties hereto agree as follows:
1. SCOPE OF SERVICES. E
CITY hereby engages the services of CONTRACTOR to provide building rehabilitation
at the site of Jovi's Diner (123 N E St, San Bernardino, CA 9240 1) to include, but not be limited a
to painting of the entire complex, new signage, installation of parking bumpers, replacement of
front entrance doors and placement of various signs as required by the City Code. The complete
scope is set forth"Exhibit A."
2. COMPENSATION AND EXPENSES.
a. The total value of the contract shall not exceed $103,922 to be paid from the City
Manager's 2015/2016 Commercial Rehabilitation Program Budget in the form or
progress payments. The tentative payment schedule is:
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C, Com letion Date (Projected)
25% of the contract value at 25% complete February 1
50% of the contract value at 50%complete February 29
75%of the contract value at 75%complete March 15
100% of the contract value at 100%complete April 15
b. No other expenditures made by CONTRACTOR shall be reimbursed by CITY.
3. TERM; TERMINATION.
The term of this Agreement shall be for the effective date until June 30, 2016.
This Agreement may be terminated at any time by thirty(3 0) days' written notice by
either party. The terms of this Agreement shall remain in force unless mutually amended. The
duration of this Agreement may be extended with the written consent of both parties.
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4. INDEMNITY. E
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Vendor agrees to and shall indemnify and hold the City, its elected officials, employees, v
agents or representatives, free and harmless from all claims, actions, damages and liabilities of o
any kind and nature arising from bodily injury, including death, or property damage, based or
asserted upon any actual or alleged act or omission of Vendor, its employees, agents, or
subcontractors, relating to or in any way connected with the accomplishment of the work or o
performance of services under this Agreement, unless the bodily injury or property damage was v
actually caused by the sole negligence of the City, its elected officials, employees, agents or h
representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its
own expense, including attorney's fees, the City, its elected officials, employees, agents or o
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 M
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 LO
accomplishment of the work or performance of services under this Agreement.
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3. INSURANCE. E
While not restricting or limiting the foregoing, during the term of this Agreement, `6
VENDOR shall maintain in effect policies of comprehensive public, general and automobile a
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 v
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.
4. 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,
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ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or
sexual orientation, or any other status protected by law.
5. 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 license, if any are required, in connection with the services to be
performed hereunder.
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6. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. 2
VENDOR warrants that it possesses or shall obtain prior to execution of this Agreement, d
and maintain a business registration certificate pursuant to Chapter 5 of the Municipal Code, and E
any other licenses, permits, qualifications, insurance and approval of whatever nature that are v°
legally required of VENDOR to practice its business or profession. o
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5. NOTICES. L
Any notices to be given pursuant to this Agreement shall be deposited with the United c
States Postal Service,postage prepaid and addressed as follows: v
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TO THE CITY: City Manager o
City of San Bernardino
300 North"D" Street
San Bernardino, CA 92418 LO
Telephone: (909) 384-5122
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TO THE CONTRACTOR: NORSE CONSTRUCTION
3190 Airport Loop Dr Ste F E
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Costa Mesa, CA 92626
Telephone: (714) 545-3003
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b. 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 provisions
hereof. The costs, salary and expenses of the City Attorney and members of his office in
enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the
purposes of this paragraph.
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7. ASSIGNMENT.
CONTRACTOR shall not voluntarily or by operation of law assign, transfer, sublet or
encumber all or any part of the CONTRACTOR's interest in this Agreement without C1TY's
prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be
void and shall constitute a breach of this Agreement and cause for the termination of this
Agreement. Regardless of CITY's consent, no subletting or assignment shall release
CONTRACTOR of CONTRACTOR's obligation to perform all other obligations to be
performed by CONTRACTOR hereunder for the term of this Agreement.
8. VENUE. s
The parties hereto agree that all actions or proceedings arising in connection with this W
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 the E
mandatory and not permissive in nature. 0
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9. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California. L
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10. SUCCESSORS AND ASSIGNS.
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This Agreement shall be binding on and inure to the benefit of the parties to this c
Agreement and their respective heirs,representatives, successors, and assigns.
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11. HEADINGS.
The subject headings of the sections of this Agreement are included for the purposes of M
convenience only and shall not affect the construction or the interpretation of any of its
provisions.
12. SEVERABILITY.
If any provision of this 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 E
enforceability of the remaining terms and provisions hereof or of the offending provision in any c°
other circumstance, and the remaining provisions of this Agreement shall remain in full force
and effect. s
13. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between the
parties, and supersedes 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.
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AGREEMENT BETWEEN NORSE CONSTRUCTION AND THE CITY OF SAN
BERNARDINO FOR IMPROVEMENTS TO JOVI'S DINER AS PART OF THE CITY'S
FEDERALLY FUNDED COMMERCIAL REHABILITATION PROGRAM FOR
PROGRAM YEAR 2015/2016
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated: ,2015 NORSE CONSTRUCTION
By:
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Authorized Representative L
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Dated ,2015 CITY OF SAN BERNARDINO o
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By:
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City Manager CO)
Approved as to Form:
Gary D. Saenz, City Attorney ai
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Jovi's Diner Exterior Improvements
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San Bernardino,CA
JB862
10/29/2015
ITEM BUDGET
CLEAN, PROTECT 4,000
DEMOLITION 5,344
CONCRETE 17,686
HANDRAILS 8,880
DOORFRAMES 14,995
PAINTING 16,788
SIGNS 10,000
ALLOWANCE
CONTINGENCY 2,500
SUBTOTAL 80,193
GENERAL CONDITIONS 8,000
INSURANCE 3,087
FEE 9,128
BOND 3,514
TOTAL 103,922
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lovi`s Restaurant - Schedule of Values
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Item # Description Amount
1 Mobilization $2,300.00
2 Bonds & Insurances $4,200.00
3 Demolition $6,500.00
4 Concrete Flat work $7,000.00
5 A/C Patch work $2,200.00
6 Concrete ADA ramp $15,600.00
7 Hand Rails - -- $5500.00
8 Concrete Parking Bumpers $2,400.00
9 Signage $18,950.00
10 Painting $43,800.00
11 Doors & Hardware $19-500M
Project Total �$127,950.00�
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FISHER CONTRACTOR INC
1950 Silver Hawk Dr CA State Lla B,C39#957896 (-
Diamond Bar,CA 91765 Phone:(909)246-6760
Email:3-isherinc153@gmal,com
BID SHEET
CUSTOMER: CITY OF SAN BERNARDINO PROPOSAL NO.:
Company: Housing Department PO:JOVi DINER
Job Address:300 N D Street San Bernardino,CA
Phone: DATE: 10129/2015
Email:
SCOPE OF WORK:
JOVIS DINER EXTERIOR EVEROVEMENTS
1.)Concrete Works
2.)Doors
3,)Signage
4.)Exterior paint
Note:
Exclusions:
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For the sum of 97153.000
Ni e seven thousand one hundred fi three dollars
BY: DATE:
Acceptance:
Fisher Contractor Inc
BY: DATE:10129/15
Signature: