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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
File:
1. 7121
Subject: Resolution authorizing the
execution of Amendment No. 1 to
Professional Services Agreement with Urn
& Nascimento (LAN) Engineering
Corporation for the Project Management of
the Mt. Vernon Ave. Viaduct over the
BNSF railroad.
MCC Date: 07-06-04
From: James Funk, Director
Dept: Development Services
Date:
June 23, 20040R\G\N1\L
Synopsis of Previous Council Action:
03-04-96 Approval given to submit request for authorization of funds under Federal Aid Highway
HBRR Program.
11-04-96 Approval of $20,000 for preparation of conceptual plan.
05-19-97 Authorization to execute agreement for professional services with DMJM for conceptual
plan approved.
03-15-99 Adopted Resolution authorizing execution of professional engineering services
agreement with Parsons BrinckerhoffQuade & Douglas, Inc.
07-06-99 Approved Budget carry-over of $498,200 in Account No. 129-367-5504-7121 as local
matching funds for Mt. Vernon Grade Separation at BNSF.
09-07-99 Authorization to execute agreement with Parson Brinckerhoff Quade & Douglas Inc.
for Professional Engineering Services.
12-01-03 Adopted resolution approving Professional Environmental Services Agreement with Myra L.
Frank and Associates for environmental services related to the Mt. Vernon Bridge Project.
03-15-04 Resolution adopted authorizing execution of Professional Services Agreement with Urn &
Nascimento (LAN) Engineering Corporation for the Project Management of the Mt. Vernon
Ave. Viaduct over the BNSF railroad in the amount of $49,000.
06-07-04 Resolution awarding contract to Yeager Skanska, Inc. for installation of temporary support
for the Mt. Vernon Bridge over the BNSF Railroad in the amount of $165,000 and
authorization for the Director of Finance to amend the FY 2003/04 Budget.
Recommended Motion:
Adopt Resolution.
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Contact person: Mike Grubbs. Actin~ City En~ineer
Phone:
5179
Supporting data attached: Staff Reoort. Resolution. Exhibit A Ward: 1 & 3
FUNDING REQUIREMENTS: Amount: $74.918.00
Source: (Acct. Nos.)242-362-5504-7121
~~-2\S
Acct. Description: Mt. Vernon Grade Separation at
. BN~/l /
Fmance: _ _ ----lJf&. f/ t'/\.--
Agenda Item No. ~
111110LJ
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subject:
Resolution authorizing the execution of Amendment No. I to Professional Services Agreement
with Lim & Nascimento Engineering Corporation for the Professional Civil Engineering
Project Management for the design of the Mt. Vernon Avenue Viaduct over the BNSF
railroad.
Back2l"ound:
On September 7, 1999, the Mayor and Council adopted Resolution No. 1999-228, approving a
Professional Services Agreement with Parson, Brinckerhoff, Quade and Douglas, Inc. at a
lump sum cost of $949,560 for design of Mt. Vernon Viaduct over BNSF railroad. This
Agreement was terminated in October of 2003 for the convenience of the City.
Subsequent to termination of the Parson Brinkerhoff Agreement, staff retained William
Nascimento of Lim and Nascimento (LAN) Engineering Corporation to act as project manager
for the project. Mr. Nascimento is a licensed Civil Engineer and a licensed Structural
Engineer and has extensive experience in bridge design and processing of Federally funded
projects through Caltrans. Mr. Nascimento was retained on a short form contract with the
City for a not-to-exceed amount of $24,650.
Mr. Nascimento has performed extremely well as the Project Manager. Based on his
recommendation, Myra L. Frank & Associates, Inc. was retained to complete the
environmental documents for the project and process them through Caltrans. Additionally,
CNS Engineers, a Structural Engineering firm, and Associated Engineers, Inc. have been
retained to complete a solid team of environmental specialists, structural engineers and Civil
Engineers.
Due to the extreme shortage of City staff, Mr. Nascimento was given an expanded role to fully
manage the Mt. Vernon Bridge replacement project, including hiring subconsultants to provide
services beyond the capabilities of his own firm. On March 15, 2004, the Mayor and
Common Council approved a Professional Services Agreement with LAN Engineering in the
amount of an additional $49,000 to properly compensate LAN Engineering for Mr.
Nascimento's expanded role in managing the project.
On April 22, 2004, Caltrans initiated an in-depth "fracture critical" steel inspection on the
Mount Vernon Bridge. This in-depth inspection was the first of its kind on the Mt. Vernon
Bridge although the bridge is biennially inspected by Caltrans. The biennial inspection is a
visual inspection on foot vs. the in-depth inspection that is done by a technician specialized in
structural steel girder inspection from a man-lift that allows the inspector a close up view of
the structural members. During this inspection, the Caltrans specialist determined that various
steel members were cracked. The first cracks discovered were towards the north end of the
bridge in the southbound traffic lanes.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report (Continued)
Although the inspection was only partially completed, Caltrans recommended that, in the
interest of public safety, the southbound lanes of the bridge be closed. In response, on April
23, 2004,
the City closed the bridge to southbound traffic. The northbound lanes were left open and
Caltrans continued inspection of the remaining portions of the bridge.
On June 3, 2004, Caltrans issued a final inspection report on the Mount Vernon Bridge which
indicated that additional cracks had been discovered at the south end of the bridge under the
northbound lanes. Caltrans Structures Division performed a structural analysis on the bridge
and concluded that the entire bridge should be immediately closed. The City concurred and
completed the closure on June 4, 2004.
A field meeting was held on June 4, 2004, with BNSF, Caltrans, LAN Engineering, CNS
Engineers (Structural Engineer), and Yeager Skanska, Inc., (specialized bridge contractor) to
investigate the possibility of emergency shoring of the bridge in order to reopen it as quickly as
possible. The conclusion of the meeting was that it is feasible to design and construct
temporary shoring in accordance with Caltrans policies and procedures that will support the
beams that are cracked by transferring the loads to the ground using posts and allow reopening
of the bridge. Yeager Skanska, Inc. agreed to perform the work under a "force account" or
time and materials basis using the Caltrans allowable rates.
LAN Engineering, the City's project manager, met with Dean Morris of Morris Engineering,
a specialty bridge shoring designer. Morris Engineering agreed with the feasibility of the work
and agreed to perform the design. Based on recommendation by Mr. Nascimento, staff
retained Morris Engineering to prepare the shoring design at a cost of $8,500.00.
On June 7, 2004, the Mayor and Common Council, based on the recommendations of Mr.
Nascimento, awarded an emergency contract to Yeager Skanska, Inc. to install shoring under
the cracked girders of the Mt. Vernon Bridge to enable reopening the bridge to passenger car
traffic.
In addition to the need for additional services from LAN to coordinate the temporary shoring
of the bridge, additional services have been needed in recent months to coordinate a new
requirement by the BNSF Railroad for two new sets of tracks to act as detour tracks during
construction and to remain in place after construction. This new requirement will result in a
need to lengthen the bridge by approximately 250 feet in order to provide the required 24 feet
of clearance over the new tracks. This new requirement will set the City back about 6 months
in it's processi ng of this project to receive federal aid funding.
The longer bridge necessitated by BNSF's requirement to provide two additional tracks will
substantially increase the project cost by approximately $4,000,000. The revised estimated
total cost of the project is $24,000,000 of which 80% may be reimbursable from the Federal
Highway Administration (FHW A) under the Highway Bridge Replacement and Rehabilitation
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report (Continued)
(HBRR) program. Since the longer bridge option will extend the length of the bridge by
approximately 250 feet more than the length of the existing bridge, it is unclear at this time
whether the additional cost of the longer bridge will be eligible for reimbursement under the
HBRR program. Staff is attempting to schedule a meeting with FHW A to determine eligibility
for reimbursement.
Financial Imoact:
This project is budgeted in the FY 2003/04 Capital Improvement Program (CIP) as Project
No. SS04-12. The majority of the cost for this project (80% percent) is eligible for
reimbursement through a combination of Highway Bridge Replacement and Rehabilitation
(HBRR) funds and Seismic Retrofit funds from the Federal Highway Administration. Staff
anticipates the local match (20% percent) will come from a combination of 112-Cent Sales Tax
Fund and a State Infrastructure Bank Loan. $200,000 of 1/2-Cent Sales Tax Funds was
budgeted for this project in FY 2003/04. An additional $225,000 of 112-Cent Sales Tax Funds
are proposed to be budgeted in FY 2004/05 per the CIP. A State Infrastructure Bank Loan in
the amount of $4,800,000 is proposed to be budgeted in FY 2005/06 as the local match for the
cost of construction. That leaves an amount of $10,400,000 that has no identified source of
funding.
80% percent of the cost of this Agreement with Lim & Nascimento will be reimbursable from
a combination of HBRR funds and Seismic Retrofit Funds, subject to the City providing the
20% percent matching funds.
The following is a summary of costs for the subject Agreement with LAN Engineering:
1. Purchase Order for Project Management Services. . . . . . . . . . . . . . $24,650.00
2. Agreement for Project Services approved by MCC . . . . . . . . . . . . . 49,000.00
3. Amendment NO.1 to Agreement for Professional Services. . . . . . .. 74,918.00
Grand Total $148,568.00
Mr. Nascimento's assistance in the project management of this project has been extremely
important to the City. Mr. Nascimento's knowledge of structural engineering together with
his close association with Caltrans and the BNSF Railroad has enable him to keep the project
moving ahead against seemingly insurmountable obstacles. Staff feels that retention of Mr.
Nascimento's services is essential to the timely progress of thi s project.
Recommendation:
Adopt Resolution.
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t~~Y
RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING
AMENDMENT NO. I TO SERVICES AGREEMENT WITH LIM & NASCIMENTO
ENGINEERING CORPORATION FOR PROJECT MANAGEMENT OF THE MT.
VERNON AVENUE VIADUCT OVER THE BNSF RAILROAD.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
6
7
8 Agreement with Lim & Nascimento Engineering Corporation for Professional Civil Engineering
9
10
SECTION 1. That the Mayor is authorized to execute Amendment No. I to the Services
Project Management Services for management of the design of the Mt. Vernon Avenue Viaduct
11
12
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over the BNSF Railroad (attached and incorporated herein as Exhibit "A").
SECTION 2. This Amendment No. I shall not take effect or become operative until
fully signed and executed by the parties and no party shall be obligated hereunder until the time
14 of such full execution. No oral agreements, amendments, modifications or waivers are intended
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or authorized and shall not be implied from any act or course of conduct of any party.
SECTION 3. This resolution is rescinded if the parties to the contract fail to execute it
within sixty (60) days of passage of the resolution.
III
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1
RESOLUTION ..................... APPROVING AMENDMDIT NO. I TO
2 SERVICES AGREEMENT WITH LIM & NASCIMENTO ENGINEERING
CORPORATION FOR PROJECT MANAGEMENT OF THE MT. VERNON AVENUE
3 VIADUCT OVER THE BNSF RAILROAD.
4
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
5
Common Council of the City of San Bernardino at a
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7
meeting thereof, held
on the
day of
, 2004, by the following vote, to wit:
Council Members:
8
AYES
NAYS
ABSTAIN ABSENT
ESTRADA
9
10 LONGVILLE
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12
13
MC GINNIS
DERRY
KELLEY
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25
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27
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JOHNSON
MC CAMMACK
City Clerk
day of
,2004.
The foregoing resolution is hereby approved this
Judith Valles, Mayor
City of San Bernardino
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
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- 2 -
Exhibit "A"
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AMENDMENT NO.1 TO SERVICES AGREEMENT
THIS AGREEMENT is entered into this _ day of
Lim & Nascimento Engineering Corporation ("CONTRACTOR")
BERNARDINO ("CITY)".
, 2004, between
and the CITY OF SAN
WITNESSETH:
A. WHEREAS, the Mayor and Common Council of CITY adopted Resolution No.
2004-73, approving a Services Agreement with Contractor for Professional Civil Engineering
Project Management Services for management of the design of the Mt. Vernon Avenue
Viaduct over the BNSF Railroad, and,
B. WHEREAS, CONTRACTOR has requested an amendment to said Services
Agreement (see Attachment "A"); and,
C. WHEREAS, CONTRACTOR has provided the most advantageous and best
proposal for the provision of said services.
NOW THEREFORE, the parties hereto agree as follows:
o 1. Section 1 of said Services Agreement is amended to read as follows: CONTRACTOR
shall furnish Professional Civil Engineering Project Management Services for management
of the design of the Mt. Vernon Avenue Viaduct over the BNSF Railroad, in accordance
with the attached proposal from CONTRACTOR dated June 10, 2004, attached hereto and
incorporated herein as Attachment" A".
2. Section 2 of said Services Agreement is amended to read as follows: Over the term of this
Agreement, CONTRACTOR shall be paid an additional not-to-exceed amount of
$74,918.00* for a total not-to-exceed amount as follows:
a) Staff approved Purchase Order (less than $25,000) . . . . . . . $ 24,650.00
b) Services Agreement approved per Reso. No. 2004-73 . . . . . . . 49,000.00
c) Amendment No.1 to Services Agreement (this request) . . .. 74,918.00
Total not-to-exceed amount. . . . . . . . . . . . . $148,568.00
o *Subject to division of costs as identified in Attachment 1.
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Exhibit "A"
Amendment No. 1 to Services Agreement ~Lim & Nascimento Engineering Corporation
Page 2 of2
3. All other terms and conditions of said Services Agreement approved by Resolution No.
2004-73 shall remain unchanged.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
shown below.
Date:
Date:
ATTEST:
Rachel Clark, City Clerk
Approved as to form
and legal content:
James F. Penman
City Attorney
/7.
By:
LIM & NASCIMENTO
CORPORA nON
ENGINEERING
by:
Signature
Print Name/Title
CITY OF SAN BERNARDINO
by:
Judith Valles
Mayor
City of San Bernardino
ATTACHMENT "A"
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lIM & NASCIMENTO ENGINEERING CORPORATION
1M
Thursday, June 10, 2004
Mr. Mike Grubbs
City Engineer
City of San Bernardino
300 N. "0" Street, 3rd Floor
San Bernardino, CA 92418
Subject: Mount Vernon Avenue Bridge
Replacement Project
Supplemental Request No.2
Dear Mr. Grubbs:
c
On September 25, 2003, the City retained LAN Engineering to perform Civil Engineering
Project Management/Coordination Services for the Mount Vernon Avenue Bridge Project.
Originally the role was envisioned to provide a Senior Project Manager to oversight the
City's consultant. The original budget authorized by the City was $24,650. Subsequently,
the City terminated its consultant and asked LAN to take on a proactive development role,
leading a team to clear the environmental process and complete the preliminary
engineering including handling the coordination with the BNSF to lead to an agreement for
the replacement of the bridge. On February 16, 2004, LAN requested a supplement (no.
1) to increase its budget to cover the additional scope in the amount of $49,000 bringing
the total to $73,650. The City approved this supplement.
Although working together with the City, Caltrans, FHWA and the BNSF, we've made great
progress, including getting agreement from Caltrans at the local level that bridge
replacement is the preferred alternative, recently the project development has led to
extensive additional requirements on the work to be done that triggered additional effort
and budget.
These efforts stem primarily from the requirements set forth by BNSF. BNSF has
requested that the City provide a detailed staging and scheduling plan for the demolition of
the existing bridge and the construction of the new bridge. Although we agreed to perform
this effort out of our existing budget, the effort has become too extensive and at this time
we've expended our full budget and are running negative. The reason is that the
staging/scheduling effort is so complex that it has led to over 30 sheets of drawings. In
addition, after we had completed the staging/scheduling plan, BNSF added a requirement
for two additional tracks to serve as shoofly tracks (detour tracks). This requirement not
only leads to completely revising the staging/scheduling plan, but also impacts the original
bridge concept extending the height and length of the project to close to 5" Street to
provide required vertical clearances versus Kingman, as was the case with the original
concept.
o
1887 Business Center Drive, Suite 6
San Bernardino, CA 92408
909-890-0477
Fax 909-890-0467
ATTACHMENT "A"
Ie
Mr. Mike Grubbs
Mount Vernon Bridge Replacement
Thursday, June 10, 2004
Page 2 of 3
SCODe of Services
The following is a detailed description of our Scope of Services.
Proiect ManaaementlCoordination
Schedule and lead Project Development Team Meetings, access need for direction and
advise the City, manage the City's consultants to undertake project development
expediently working towards the goal of obtaining environmental clearance and agreement
with BNSF.
Coordinate with City, Caltrans, BNSF, FHWA, Myra Frank/Jones & Stokes, CNS
Engineers, Associated Engineers, Inc., LSA Associates Inc. and other members of the
design team as needed to develop the project.
Meetinas
Call, hold, and lead project team meetings as needed.
Railroad Enaineerina / BNSF Coordination/Aareements
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Develop staging/scheduling plans for the demolition and reconstruction of the Mount
V emon.
Revise the following to reflect agreement with the RR:
Project layout plan
APE (Area of Potential Effect)
ROW acquisition requirements plan
Bridge general plan (plan, profile and section) and foundation plan
Caltrans Coordination/Aareements
Prepare new application for funding the project through HBRR.
Cost Estimates
Monitor cost estimates for total contract value and budgeting, and coordinate allocation
amendment with Caltrans.
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ATTACHMENT" A"
Ie
Mr. Mike Grubbs
Mount Vernon Bridge Replacement
Thursday, June 10, 2004
Page 3 of 3
Fee Proposal
LAN proposes to perform the above civil engineering services on a time and material
basis, for a fee not to exceed $74,918.00 without prior authorization from the City. This is
an on-call, as-needed effort.
Person
William Nascimento, PE, SE
Dave Boger, P Eng.
Todd Dudley, PE, SE
Eric Girod, PE
Vernu Sivakolundu
Ray Andrasek
CNS Engineers (Subconsultant)
Hrs
120
40
120
80
200
80
Rate/Hr
$145.00
$145.00
$125.00
$90.00
$65.00
$75.00
Subtotal
$17,400.00
$5,800.00
$15,000.00
$7,200.00
$13,000.00
$6,000.00
$10,518.00
Total $74,918.00
The total cost increases to $148,568.00.
o
If you have any questions or wish to discuss this in greater detail, please feel free to
contact me at (909) 890-0477 extension 305.
Sincerely,
LAN Engineering Corp.
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/ ,urM1.-~'I.IVM~""CJ
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G. J. William Nascimento, PE, SE
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OFFICE OF THE CITY CLERK
RAcHEL G. CLARK, CM.C. - CITY CLERK
300 North "D" Street. San Bernardino' CA 92418-0001
909.384.5002. Fax: 909.384.5158
www.ci.san-bernardino.ca.us
~
July 9, 2004
William Nascimento, PE, SE
1887 Business Center Drive, Suite 6
San Bernardino, CA 92408
Dear Mr. Nascimento,
At the Mayor and Common Council meeting of July 6, 2004, the City of San Bernardino adopted
Resolution 2004-215 - Resolution approving Amendment No.1 to services agreement with Lim
& Nascimento Engineering Corporation for project management of the Mt. Vernon Avenue
viaduct over the BNSF Railroad.
Enclosed is one (1) original agreement. Please sign in the appropriate location and return the
original agreement to the City Clerk's Office, Attn: Michelle Taylor, P.O. Box 1318, San
Bernardino, CA 92402, as soon as possible.
Please be advised that the resolution and agreement will be null and void if not executed
within 60 days, or by September 6, 2004.
If you have any questions, please do not hesitate to contact me at (909)384-5002.
Sincerely,
C/Y1fd~~ JyG--.-
Michelle Taylor
Senior Secretary
Enclosure
CITY OF SAN BERNARDINO
ADOPTED SHARED VALVES: Integrity' Accountability' Respect for Human Dignity' Honesty
LIM AND NASCIMENTO ENGINEERING CORPORATION
IIN
July 15, 2004
~EeEIVFD-e1TY eLEFK
'04 J1l 19 P5 :04
City of San Bernardino
Office of the City Clerk
P.O. Box 1318
San Bernardino, CA 92402
Alln: Michelle Taylor
Subject: Amendment No.1 To Services Agreement for project:
The Mt. Vernon Avenue viaduct over the BNSF Railroad.
Dear Ms Taylor,
Enclosed please find our fully executed original as requested.
If you should need anything else, please contact me at (949) 450-2800, ex!. 202,
or at the address shown below.
Very truly yours
Um & Nascimento Engineering Corporation,
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Thuy L
Accounting Department
949/450-2800 Ext. 202
tl
enclosures
12 L Mauchly
Irvine, CA 92618
(949) 450-2800
Fax (949)450-2805
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
July 20, 2004
TO:
Mike Grubbs, Field Engineer
FROM:
Michelle Taylor, Senior Secretary
RE:
Resolution 2004-215 - Lim & Nascimento Engineering Corporation
CC:
Mary Freiberg, Sr. Admin. Operations Supervisor, Veronica Martinez, Senior
Secretary
Attached is a fully executed copy of Amendment No. 1 to the services agreement with Lim &
Nascimento Engineering Corporation for project management of the Mt. Vernon Avenue viaduct
over the BNSF Railroad. The original agreement is on file in the City Clerk's Office.
If you have any questions, please call me at ext. 3206.
. ,
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): I) -h -o~ Item # _l4 Resolution #
Vote: Ayes 1-') Nays.P>r Abstain ~
Change to motion to amend original documents 0 Companion Resolutions
zcxY\- 2} S
Absent -e:r'
NulllVoid After: (,,0 days I q-c.,-oLt
Resolution # On Attachments: 0 Note on Resolution of attachment stored separately: 0
PUBLISH 0
POST 0
RECORD W/COUNTY 0
By:
Date Sent to Mayor:
Date of Mayor's Signature:
'1,- ~r~
"I-<{ -o"r
rJ--4-o q
Reso. Log Updated:
Seal Impressed:
~
0"
Date of Clerk/CDC Signature:
Date Memo/Letter Sent for Signature:
I Sl Reminder Letter Sent:
,\A -0,\ Date Returned: '/-lq -oL(. Not Returned: 0
2"d Reminder Letter Sent:
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Yes ~ No By
Yes No -L By
Yes No --;,.L' By
Yes No ~ By
Yes No /B
Copies Distributed to:
Animal Control 0 EDA 0 Information Services 0
City Administrator 0 Facilities 0 Parks & Recreation 0
City Attorney 0" Finance W Police Department 0
Code Compliance 0 Fire Department 0 Public Services 0
Development Services ~ Human Resources 0 Water Department 0
Others: -3
Notes:
Ready to File:_
Date:
Revised 12/18/03