HomeMy WebLinkAbout16-Development Services
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From:
James Funk, Director
0,...,1" 'H "L
Development Services h I ~ Ii V d
Subject: Resolution approving Agreement for
Professional Services with David Evans and
Associates, Inc. for design of the widening of
Del Rosa Drive and Third Street at the San
Bernardino International Trade Center.
Dept:
Date: February 7, 2002
File: 7.37-14-A
MCC Date: 02/19/2002
Synopsis of Previous Council Action:
05/5/97 Resolution No. 97-121 was adopted authorizing the Mayor to execute a Grant application to The United
States Department of Commerce, Econontic Development Adntinistration for the improvement at Mill Street from
Lena Road to Tippecanoe A venue, Otto Gericke Drive and Art Townsend Drive.
06/5/97 Allocated $1,287,500 for Mill Street improvement in Account No. 242-362-5504-7106.
07/10/00 Allocated $634,800 for Art Townsend, Otto Gericke Drives realignment as part of the FY 2000101 CIP
budget.
10/01/01 Rejected all bids for Street Improvements of Art Townsend Drive and Otto Greicke Drive per Plan No.
9479A and directed staff to rebid the project (newly defined).
Recommended Motion:
Adopt Resolution.
Contact person: Michael Grubbs, Field Engineer
Phone:
5179
Supporting data attached: Staff Report, Reso., Agreement, letters
Ward:
N/A
FUNDING REQUIREMENTS:
Amount:
$45,946.00
Source: (Account No.)
242-362-5504-7093
Acct. Description:
Finance:
Art Townsend/Otto Gericke Dr Realign
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Council Notes:
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City of San Bernardino - Request for Council Action
Staff Report
Subject:
Agreement for Professional Services with David Evans and Associates, Inc. for design of the
widening of Del Rosa Drive and Third Street at the San Bernardino International Trade Center.
Backl!round:
This project was redesigned to reflect changes that had occurred due to proposals for a project
at the site by Hillwood Strategic Services. These changes included elimination of the 12" and
18" water mains in Art Townsend Drive and Otto Gericke Drive and deletion of the majority
of the Street Improvements for Art Townsend Drive and Otto Gericke Drive.
The redesigned project was re-bid on August 14, 2001, however, due to timing and the
relatively small size of the project, bids were substantially higher than anticipated. As a result,
on October 1, 2001, the Mayor and Common Council rejected all bids and directed staff to re-
bid the project.
In consultation with IVDA staff, City staff redefined the project based on the latest proposals
from Hillwood Strategic Services to include only the widening of Third Street from 2,800 feet
west of Del Rosa Drive to Del Rosa Drive and the widening of Del Rosa Drive from Art
Townsend Drive to Third Street. The redefined project includes curb and gutter, sidewalk,
fire hydrants, street lights, traffic signal relocation, and relocation of an irrigation system in
addition to widening the streets. All work on Art Townsend Drive and Otto Gericke Drive
was eliminated with the exception of intersection improvements and patching the pavement
where potholing was done for utility investigation.
Due to significant changes in the scope of the project it has become necessary to prepare new
plans and specifications. On November 1, 2001, proposals were received from three
Professional Civil Engineers for the design work required to prepare plans and specs for the
project. The three firms submitting proposals for the project are:
1. David Evans and Associates, Inc. of Ontario, California.
2. Engineering Resources of Southern California, Inc. of San Bernardino.
3. Transtech Engineers, Inc. of San Bernardino.
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City of San Bernardino - Request for Council Action
Staff Report - continued
Staff has received written verification from Federal Economic Development Agency staff that
the newly defined project will be eligible for reimbursement (see attached).
The proposals were evaluated by IVDA staff, and City staff, and the panel, consisting of Alex
Estrada, Sr. Project & Property Manager; Mike Grubbs, Field Engineer; and Mehran Sepehri,
Senior Engineer; concluded that David Evans and Associates, Inc. of Ontario submitted the
proposal that best fits the City's needs for this project based on their experience on similar
projects, the qualifications of the project team members, staff availability, and their reasonable
cost proposal of $45,946.00. Therefore, we are recommending that the Mayor and Common
Council adopt the attached Resolution approving the attached Agreement for Professional
Services with David Evans and Associates, Inc.
Financial ImDact:
Adequate funding for this Agreement is included in the 2000/01 Capital Improvement Program
(CIP) in Account No. 242-362-5504-7093 (Art Townsend/Otto Gericke Drives realignment).
All costs associated with this proposed $45,946.00 contract will be charged to Account No.
242-362-5504-7093 (Art Townsend/Otto Geriche Drives realignment).
Recommendation:
Adopt Resolution.
January 23, 2002
Mr. Michael W. Grubbs. P.E.
Field Engineer
City of San Bernardino
300 North "0" Street
San Bernardino, CA 92410
RE: EOA Award No. 07-49-02680.02
Project Modifications
Dear Mr. Grubbs:
U.S. DEPARTMENT OF COMMERCE
Economic Development Administration
Jackson Federal Building, Room 1856
915 Second Avenue
Seattle, Washington 98174
Fax: (206) 220-7669
Phone: (206) 220-7699
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ClC'"ELOPMENT SERVICES
'lEPARTMENT
In response to your letter of January 17,2002, EOA has no objection to the modifications
outlined in the third paragraph in the above mentioned letter.
Sincerely,
i ----........ ------
''-~ ~~
1:~lect ~;:ger ~
Public Works Division I
Copy to: Wil Marshall, EDR
DEVELOPMENT SERVICES DEPARTMENT
'Ii!, N('nl; '-0" Str"et . San Bernardino' CA 92418-0001
Pi;,,,,,,,o & S",ldUlg 909.384.5057. Fax: 909.384.5080
i.... J f ./E"Wilctrmg 909.384.5111 . Fax: 909.384.5155
\'t"w\v.ci ,san-bernardino.ca.us
January 17, 2002
File No. 7.30-14
Mr. Paul Weldon, Project Manager
U. S. Department of Commerce
Economic Development Administration
Jackson Federal Building, Room 1856
915 Second Avenue
Seattle, Washington 98174
Subject: Widening of Del Rosa Avenue and Third Street at San Bernardino
International Airport (Formerly referred to as Art Townsend/Otto Gericke
Project). Federal EDA Project No. 07-49-02680.02.
Dear Paul:
As we discussed by telephone today the City has completed the consultant selection
process for the redesign of the subject project. This is the same project for which
construction was started in January of 2001, but had to be halted and the contract
cancelled due to non-performance by the Contractor.
Due to proposed changes by Hillwood Strategic Services to the layout of the area know
as Tecpark, the scope of work proposed under the subject project has been significantly
modified. The currently proposed project is described as follows:
a. Widening of the west side of Del Rosa Drive, including curb & gutter, sidewalk,
street lights and irrigation system relocation, between Art Townsend Drive and
Third Street.
b. Relocation of a traffic signal at the southwest corner of Del Rosa Drive and Third
Street, rebuilding curb return and disabled access ramp.
c. Widening of south side of Third Street, including curb & gutter, sidewalk street
lights and fire hydrants, fWm approximately 1,800 feet west of Del Rosa Drive to
Del Rosa Drive.
d. Demolition of existing improvements.
e. Utility coordination, including protection or relocation of existing utilities as
appropriate.
., .
f. Removal or relocation of interfering trees and shrubs.
g. Filling of existing potholes on Art Townsend Drive and Otto Gericke Drive.
h. Signing, striping, pavement markings.
The primary difference between the currently proposed project and the cancelled
project is that, except for repair of potholes which resulted from the utility
investigation, no work is proposed on Art Townsend Drive or Otto Gericke Drive.
However, the intersections at Third Street at Otto Gericke Drive and Del Rosa Drive at
Art Townsend Drive will be constructed to best meet the economic development needs
for the IVDA.
Proposals from three consultant engineers were received on November 1, 2001 for the
design work needed for the currently proposed project. A panel consisting of Alex
Estrada of IVDA and Mehran Sephri and Michael Grubbs, both of the City reviewed
the proposals and determined that the best proposal was submitted by David Evans and
Associates, Inc., 800 North Haven Avenue, Suite 300, Ontario, CA 91764.
Development Services Staff is recommending approval of an Agreement with David
Evans and Associates, Inc. at the City Council meeting of February 4, 2002, for design
of the currently proposed project. The cost of the Agreement is $45,946.00. Our
Finance Director has indicated that, in order to support our recommendation for
approval of the Agreement, she needs written confirmation that the cost incurred under
the terms of the Agreement and the cost of the construction work proposed to be
undertaken will be reimbursable under terms of the Federal EDA grant for the Tecpark
area.
Therefore, we are requesting that you provide a letter indicting that the currently
proposed project as described above in the second paragraph of this letter will be
reimbursable under terms of the Federal EDA Grant for Project No. 07-49-02680.02.
A response by Tuesday 01/22/2002, will be greatly appreciated. If you have any
questions or need additional information please contact the undersigned at (909) 384-
5179.
Sincerely,
.j}k
Michael W. Grubbs, P.E.
Field Engineer
cc: Fred Wilson, City Administrator
Barbara Pachon, Finance Director
Alex Estrada, Senior Project & Property Manager, IVDA
James Funk, Director of Development Services
Ray Casey, City engineer
Henry Empeno, Jr., Deputy City Attorney
S:'_Public Works\_PW Inspection Stuff\Project Corrcspondence\7.30-14 Art Townsend Otto Gericke\Re-Bid New Project\Lu to Fed
EDA re Widen Del Rosa-Third Street.doc
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AN
AGREEMENT FOR PROFESSIONAL SERVICES WITH DAVID EVANS AND
ASSOCIATES, INC. FOR DESIGN OF THE WIDENING OF DEL ROSA DRIVE AND
THIRD STREET AT THE SAN BERNARDINO INTERNATIONAL AIRPORT.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. David Evans and Associates, Inc. is a finn competent, experienced and able
to perfonn said services and has provided the most advantageous and best responsible proposal
10 for design of the Widening of Del Rosa Drive and Third Street at the San Bernardino
11 International Airport per Proposal and Scope of Services dated November I, 2001. in the fixed
12 fee amount of $45,946.00. Pursuant to this detennination, the Purchasing Manager is hereby
13 authorized and directed to issue Purchase Orders for said services to said finn: but such award
e 14 shall only be effective upon the issuance of a Purchase Order by the Purchasing Manager, and all
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other proposals are hereby rejected. The Mayor is hereby authorized and directed to execute said
Agreement on behalf of the City, a copy of said Agreement is attached hereto and marked
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18 Exhibit A.
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21 rescinded if they are not issued within sixty (60) days of the passage of this resolution.
SECTION 2. The authorization to execute the above referenced Purchase Orders is
22 III
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1 RESOLUTION... APPROVING AN AGREEMENT FOR PROFESSIO:\:\L!
SERVICES WITH DA VID EVANS AND ASSOCIATES. INC. FOR DESIG~ OF THE
2 WIDENING OF DEL ROSA DRIVE AND THIRD STREET AT THE SAN
3 BERNARDINO INTERNATIONAL AIRPORT.
4
5
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
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meeting thereof, held
7 on the
day of
, 2002, by the following vote, to wit:
8 Council Members:
AYES
NAYS
ABSTAIN ABSENT
I
9 ESTRADA
10 LIEN
11 MC GINNIS
12
SCHNETZ
13
e 14 SUAREZ
15 ANDERSON
16 MC CAMMACK
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20
City Clerk
The foregoing resolution is hereby approved this
day of
.2002.
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22
Judith Valles. Mayor
City of San Bernardino
23 Approved as to
form and legal content:
24
25 JAMES F. PENMAN,
City Attorney
. : ~Td- t ~
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EXHffiIT "A"
AGREEMENT FOR PROFESSIONAL SERVICES
This AGREEMENT is made and entered into this of 2002, by and
between the CITY OF SAN BERNARDINO, California, a municipal corporation, hereinafter referred to
as the "CITY" and David Evans and Associates, Inc. hereinafter referred to as "ENGINEER".
WITNESSETH
WHEREAS, City desires to obtain professional services to prepare plans, specifications,
estimates, construction documents for the widening of Del Rosa Drive and Third Street at the San
Bernardino International Airpon.
WHEREAS, in order to develop plans, specifications, estimates and construction documents, it is
necessary to retain the professional services of a qualified engineering and consulting firm; and
WHEREAS, Engineer is qualified to provide said professional services; and
WHEREAS, San Bernardino City Council has elected to engage the services of Engineer upon
the terms and conditions as hereinafter set fonh; and
NOW, THEREFORE, it is mutually agreed, as follows:
1.
SCOPE OF SERVICES
Engineer shall perform those services specified in "Scope of Services" and as contained in
the "Proposal For Design of Widening of Del Rosa Drive and Third at San Bernardino
International Airpon" dated November I, 2001, (which is on file at the City Clerk's
Office) and "Scope of Services", a copy of which is attached hereto as Attachment "1"
and incorporated as though set forth in full.
2. TERM OF AGREEMENT
Engineer to commence within ten (10) days after the City has authorized work to start by
issuance of a Notice to Proceed and complete all work within 4 weeks thereof.
3. STANDARD OF PERFORMANCE
Engineer shall complete all work products and design in conformance with Standard
. .
Specifications for Public Works Construction (Green Book), 2000 Edition, and the City of
San Bernardino's Standard Drawings.
4. CHANGES/EXTRA SERVICES
A.
Performance of the work specified in the "Scope of Services", is made an
obligation of Engineer under this Agreement, subject to any changes made
subsequently upon mutual agreement of the panies. All such changes shall be
considered as additional tasks and shall be incorporated by written amendments to
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EXHffiIT "A"
this Agreement and include any increase or decrease in the amount of
compensation due Engineer for the change in scope. Any change, which has not
been so incorporated, shall not be binding on either party.
B.
No extra services shall be rendered by Engineer under this Agreement unless City
authorizes such extra services in writing prior to performance of such work.
Authorized extra services shall be invoiced based on the authorized additional task
amounts.
5. COMPENSATION
A. Upon satisfactory completion of the work, the Engineer will be paid a fixed fee of
$45,946.00, in arrears, for all work and services performed under this contract,
and upon receipt of itemized invoices, submitted in triplicate to the City Engineer.
The invoice amount will be based on a percentage completion by task. For the
purpose of invoicing, certain tasks may be combined in assessing percentage
completion. Engineer will submit an invoice to the City monthly, unless otherwise
authorized by the City Engineer.
B.
Said compensation shall not be altered unless there is significant alteration in the
scope, complexity or character of the work to be performed. City and Engineer
shall agree upon any such significant alteration in writing before commencement of
performance of such significant alteration by Engineer.
Any adjustment of the total cost of services will only be permitted when the
Engineer establishes and City has agreed in writing that there has been, or is to be,
a significant change in:
I. Scope, complexity, or character of the services to be performed;
2. Conditions under which the work is required to be performed; and
3. Duration of work if the change from the time period specified in the
Agreement for Completion of the work warrants such adjustment.
C. The Engineer is required to comply with all Federal, State and Local laws and
ordinances applicable to the work.
6. PAYMENT BY CITY
A.
The billings for all services rendered pursuant to this Agreement shall be monthly
by Engineer to City and shall be paid by City within twenty (20) days after receipt
of same, excepting any amounts disputed by City. Dispute over any invoiced
amount shall be noticed to the Engineer within ten (10) days of billing and a meet
and confer meeting for purposes of resolution of such dispute shall be initiated by
the City within (10) days of notice of such dispute. Interest of 1-112 percent per
month (but not exceeding the rilaximum rate allowable by law) will be payable on
any amounts not in dispute and not paid within thirty (30) days of the billing date,
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EXHmIT "A"
payment thereafter to be applied first to accrued interest and then to the principal
unpaid amount. On disputed amounts, interest shall accrue from thirty (30) days
of the invoice date if the amount in dispute is resolved in favor of the Engineer.
All tasks as specified in Attachment "1" shall be completed prior to final payment.
B.
No payment will be made for any work performed prior to approval of this
contract by City and issuance by City of Notification to Proceed.
7. SUPERVISION AND ACCEPTANCE OF SERVICES
8.
A. The Director of Development Services of City, or his designee, shall have the
right of general supervision over all work performed by Engineer and shall be
City's agent with respect to obtaining Engineer's compliance hereunder. No
payment for any services rendered under this Agreement shall be made without
prior approval of the Director of Development Services or his designee.
COMPLIANCE WITH CIVIL RIGHTS LAWS
Engineer hereby certifies that it will not discriminate against any employee or applicant
for employment because of race, color, religion, sex, marital status, age, handicap or
national origin. Engineer shall comply with all State and Federal Civil Rights Laws in its
hiring practices and employee policies. Such action shall include, but not be limited to,
the following: recruitment and recruitment advertising, employment, upgrading, and
promotion.
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9.
TERMINATION OF AGREEMENT
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A.
This Agreement may be terminated by either party upon thirty- (30) days' written
notice in the event of substantial failure of the other party to perform in accordance
with the terms of this Agreement. Each party shall have twenty (20) days
following date of such notice within which to correct the substantial failure, giving
rise to such notice. In the event of termination of this Agreement, City shall
within thirty (30) days pay Engineer for all the fees, charges and services
performed to City's satisfaction by Engineer, which finding of satisfaction shall not
be unreasonably withheld. Engineer hereby covenants and agrees that upon
termination of .this Agreement for any reason, Engineer will preserve and make
immediately available to City, or its designated representatives, maps, notes,
correspondence, or records related to work paid for by the City and required for
its timely completion, and to fully cooperate with City so that the work to be
accomplished under this Agreement may continue within forty-five (45) days of
termination. Any subsequent use of such incomplete documents, other than their
originally intended use, shall be at the sole risk of the City, and the City agrees to
hold harmless and indemnify Engineer from any claims, losses, costs, including
attorney's fees and liability arising out of such use. Engineer shall be compensated
for such services in accordance with Attachment "2".
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B.
EXHmIT "A"
This agreement may be terminated for the convenience of the City upon thiny-(30)
days written notice to Engineer. Upon such notice, Engineer shall provide work
product to City, and City shall compensate Engineer in the manner set forth above.
C. Following the effective date of termination of this Agreement pursuant to this
section, the Agreement shall continue until all obligations arising from such
termination are satisfied.
10. CONTINGENCIES
In the event that, due to causes beyond the control of and without the fault or negligence
of Engineer, Engineer fails to meet any of its obligations under this Agreement, and such
failure shall not constitute a default in performance, the City may grant to Engineer such
extensions of time and make other arrangements or additions, excepting any increase in
payment, as may be reasonable under the circumstances.
Increases in payment shall be made only under the "changes" provision of this
Agreement. Engineer shall notify City within three (3) days in writing when it becomes
aware of any event or circumstances for which it claims or may claim an extension.
11.
INDEPENDENT CONTRACTOR
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Engineer shall act as an independent contractor in the performance of the services
provided for under this Agreement. Engineer shall furnish such services in its own
manner and in no respect shall it be considered an agent or employee of the City.
12.
ASSIGNMENT OR SUBCONTRACTING
Engineer may not assign this Agreement, or any ponion without the written consent of
City. Any attempt by Engineer to assign or subcontract any performance of this
Agreement without the written consent of the City shall be null and void and shall
constitute a breach of this Agreement. All subcontracts exceeding $10,000 shall contain
all provisions of this contract.
13. NOTICES
All official notices relative to this Agreement shall be in writing and addressed to the
following representatives of Engineer and City:
ENGINEER
CITY
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Mr. Jeffrey K. Rupp
David Evans & Associates, Inc
800 N. Haven A venue, Suite 300
Ontario, Ca 91764
Mr. James Funk
Director of Development Services
300 North "D" Street
San Bernardino, CA 92418
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14.
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EXHmIT "A"
RESPONSIBILITIES OF PARTIES
A. The Engineer may reasonably rely upon the accuracy of data provided through the
City or its agents.
B. Upon completion of all work under this contract, ownership and title to all repons,
documents, plans, specifications, and estimates produced as pan of this contract
will automatically be vested in the City and no further agreement will be necessary
to transfer ownership to the City.
C. It is understood and agreed that all calculations, drawings and specifications,
whether in hard copy or machine readable form are intended for one-time use in
the construction of the project for which this contract has been entered into.
D. The Engineer is not liable for claims, liabilities or losses arising out of, or
connected with, the modification or misuse by the City of the machine readable
information and data provided by the Engineer under this agreement; further, the
Engineer is not liable for claims, liabilities or losses arising out of, or connected
with, any use by the City of the project documentation on other projects, for
additions to this project, or for the completion of this project by others, excepting
only such use as may be authorized, in writing, by Engineer.
E.
For the purpose of determining compliance with Public Contract Code
Section 10115, et. seq. and Title 21, California Code of Regulations, Chapter 21,
Section 2500 et. seq., when applicable, and other matters connected with the
performance of the contract pursuant to Government Code Section 8546.7, the
Engineer, subconsultant, and the City shall maintain all the books, documents,
papers, accounting records, and other evidence penaining to the performance of
the contract, including but not limited to, the costs of administering the contract.
All panies shall make such materials available at their respective offices at all
reasonable times during the contract period and for three years from the date of
final payment under the contract. The State, the State Auditor, FHWA, or any
duly authorized representative of the Federal government having jurisdiction under
Federal laws or regulations (including the basis of Federal funding in whole or in
pan) shall have access to any books, records, and documents of the Engineer that
are peninent to the contract for audits, examinations, excerpts, and transactions,
and copies thereof shall be furnished if requested.
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EXHmIT "A"
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15.
CONSTRUCTION COST ESTIMATES
A. Any opinion of the construction cost prepared by Engineer represents his
judgement as a design professional and is supplied for the general guidance of the
City. Since Engineer has no control over the cost of labor and material, or over
competitive bidding or market conditions, Engineer does not guarantee the
accuracy of such opinions as compared to contractor bids or actual cost to the City.
16. COVENANT AGAINST CONTINGENT FEE
Engineer warrants that no person or selling agency has been employed or retained to
solicit or secure this Agreement upon an agreement or understanding for a commission,
percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide
established commercial or selling agencies maintained by the Engineer for the purpose of
securing business. For breach or violation of this warranty, City shall have the right to
terminate this Agreement in accordance with the clause permitting termination for cause
and, at its sole discretion, to deduct from the Agreement price or consideration, or
otherwise recover, the full amount of such commission, percentage, brokerage or
contingent fee.
17. HOLD HARMLESS CLAUSE
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A.
Engineer shall indemnify, defend and hold free and harmless the City, its officers,
and its employees from all claims, damages, costs, expenses, and liability,
including, but not limited to, attorney's fees imposed upon them for any alleged
infringement of patent rights or copyrights of any person or persons in
consequence of the use by City, its officers, employees, agents, and other duly
authorized representatives, of programs or processes supplied to City by Engineer
under this Agreement.
B. The prevailing party in any legal action to enforce or interpret any provisions of
this Agreement will be entitled to recover from the losing party all reasonable
attorneys' fees, court costs, and necessary disbursements in connection with that
action. The costs, salary, and expense of the City Attorney and members of his
office, in connection with that action shall be considered as attorneys' fees for the
purposes of this Agreement.
18.
INDEMNITY
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Engineer agrees to indemnify, defend and hold harmless the City of San Bernardino, and
its agents, officers and employees from and against any and all liability, expense and
claims for damages of any nature whatsoever, including, but not limited to, costs, bodily
injury, death, personal injury, or property damages, arising from or connected with
Engineer's operations, or any aspect of its performance under this Agreement.
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20.
EXHmIT "A"
19.
LIABILITY IINSURANCE
Engineer shall maintain insurance policies meeting the minimum requirements set forth
herein. All insurance maintained by the Engineer shall be provided by insurers
satisfactory to the City. Certificates evidencing all insurance coverage required herein
shall be delivered to the City prior to the Engineer perfortning any of the services under
this Agreement. All insurance certificates required herein shall name the City as an
additional insured and provide for thirty (30) days written notice from the insurer to the
City prior to cancellation of any insurance policy of the Engineer.
A. Errors and Omissions - The Engineer shall maintain errors and omissions
insurance with a combined single limit of not less than One Million Dollars
($1,000,000.00) per occurrence.
B. Comprehensive General Liability and Automobile Insurance - The Engineer shall
maintain comprehensive general liability and automobile liability insurance with a
combined single limit of not less than One Million Dollars ($1,000,000.00) per
occurrence.
C. Worker's Compensation Insurance - The Engineer shall maintain worker's
compensation insurance in accordance with the laws of the State of California for
all workers employed by the Engineer.
VALIDITY
Should any provision herein be found or deemed to be invalid, this Agreement shall be
construed as not containing such provision, and all other provisions which are otherwise
lawful shall remain in full force and affect, and to this end the provisions of this
Agreement are declared to be severable.
21. ENTIRE AGREEMENT
This Agreement represents the entire and integrated agreement between the parties hereto
and supersedes all prior and contemporaneous negotiations, representations,
understandings, and agreements, whether written or oral, with respect to the subject
matter thereof. This Agreement may be amended only by written instrument signed by
both parties.
III
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EXHffiIT "A"
AGREEMENT FOR Professional Services with David Evans and Associates, Inc.
IN WITNESS WHEREOF, the panies hereto have caused this Agreement to be executed on the
date written above by their duly authorized officers on their behalf.
CITY OF SAN BERNARDINO
BY:
Authorized Representative
City of San Bernardino
ATTEST:
BY:
Rachel Clark, City Clerk
City of San Bernardino
DAVID EVANS AND ASSOCIATES, INC.
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BY:
Signature of Authorized Representative
NAME:
Typed or Printed
TITLE:
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
BY: ~__ T' fw-....
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ATTACHMENT "I"
Section 4: Scope of Services
Project Understanding
DEA understands that the City of San Bernardino is planning to complete the
widening of Third Street (from 1,800 westerly of Del Rosa Drive to Del Rosa
Drive) and Del Rosa Avenue (Drive between Art Townsend Drive and 3n1
Street ) adjacent to the San Bernardino International AiIport.
DEA recognizes that this improvement project will include some
irrigation system modifications, cwb & gutter replacement, street
light alterations, tIllffic signal relocation, as well as filling
existing potholes on Art Townsend Drive and Otto Gericke
Drive. This project is a vital need for the Development Services
Department and will also provide key transportation and utility
corridor near the airport complex within the City of San
Bernardino. DEA understands that several of these streets are in
very poor condition, especially Art T oymsend and Otto Gericke,
and that these improved street segments \vill enhance the tIllffic
circulation around the airport complex and generate safer
traveling routes as well.
After analyzing the site conditions and ongoing developments near Third Street
and Del Rosa Avenue, D EA engineers have outlined a detailed scope of work to
adequately complete each of the required engineering tasks. DEA engineers will
be careful to analyze the existing rights-of-way along each of the subject streets
since some sidewalk/parkway areas (south side of Third Street and west side of
Del Rosa) are very narrow with existing fences and/or trees. In addition, the
existing pavement conditions of Art Townsend and Otto Gericke suggest that
complete removal/reconstruction might be required due to the base/soil exposure
and thin pavement depth as well as the extent of upheaval, cracking, and failure.
After analyzing the geotechnical investigation and completing detailed site visits.
DEA engineers will suggest the best methods of improving each of these roadways
and discuss each with the City project manager before starting the design work.
After visiting this specific site near the San Bernardino International Airport and
reviewing the project RFP, DEA engineers assume the following:
. Design plans are required only for widening Third Street(South ofCL) and
Del Rosa (West of CL) in limits described in RFP
. Irrigation system modifications can be shown on Street Design Plans
. UtiIity research will be completed by City and supplied to DEA for analysis
. Required utility relocations will be designed by appropriate purveyor/agency (DEA
will coordinate)
. Design plans for Art Townsend Drive and Otto Gericke Drive are not included in
this scope
. Filling of existing potholes on Art Townsend and Otto Gericke can be outlined in
specifications; no additional plans are required
. Striping, Signing, Street r.i~, and Trnffic Signal Plans are required along Third
Street and Del Rosa Avenue.
. City will perform all required survey work and supply datalcross-sections to DEA
ATTACHMEJ\'T "I"
· City will complete geotechnical investigation required to design street structural
sections and supply data to DEA for analysis
· Right-of-way acquisition work is not in the scope of work for this project
Specific Project Solutions by DEA
DEA recognizes the requirements to meet with the City representatives to adequately
discuss the design parameters for the subject project as well as related submiual and
scheduling issues. DEA engineers will perform a detailed site walk
detailing the problem areas (fuiling pavement, concrete
cracks/upheaval, poDding locations) so each of these concerns can
be adequately considered during the design phase. DEA engineers
and surveyors will then analyze the survey data supplied by the
City to ensure that it is complete and accurate for design purposes.
After DEA surveyors reduce the survey data and check that the
cross-sections are processed accurately, DEA engineers ",ill begin
the street analysis for the project. DEA also plans to carefully
check and compile the utility and right-of-way research along the
proposed alignment for all related utilities in order to prepare
accurate topography and utility base sheets required for the design
project.
After a thorough site investigation, DEA engineers have discovered that the primary
challenges for this vital city improvement project include, but are not limited to:
· coordinating design efforts with City representatives to ensure compatibility with
adjacent improved areas
. forecasting future development needs in the undeveloped areas near the site that will
affect required traffic and infrastructure improvements
. ensure project conformance with the existing City of San Bernardino Traffic &
Circulation Master Plan & Traffic Impact Analysis near the San Bernardino
International Airport
Consequently, DEA engineers have focused on each of these vital concerns and plan to
ensure that each of these issues are effectively resolved in the design process. To
successfully deal with these challenges, DEA has chosen to partner with an exemplary
traffic engineering firm bringing tremendous experience to this project and ensuring
professional solutions in a timely manner.
These traffic engineering professionals are:
. Katz, Okitsu & Associates-Traffic lighting/signing/signal professionals with a
long working history with DEA
As part of the DEA team, these traffic and transportation engineers will provide the
expertise required to focus on site-specific design challenges and recommended
construction techniques for project construction. DEA engineers also have researched
the traffic conditions throughout the project and feel confident that Katz, Okitsu &
Associates will develop comprehensive Traffic LightinglStripinglSignal Plans for the
project that will meet the long-mm traffic requirements at the site in accordance with
the latest Traffic Impact Analysis of the area. .
ATTACHMENT "1"
If it is deemed necess:uy and requested by the City during the design phase, DEA may
also utilize our Professional Land Surveyors and right-of-way specialists to complete
and authorize Right-of-Way acquisition maps indicating the amount of additional right-
of-way areas ("Takes") required for each parcel of private property adjacent to the
planned street improvements (Note: Legal descriptions and plats may be required:
DEA may be provide this service to the City upon request @ approrimately $700/each.
but has excluded this task from this proposal as requested). In addition, if the City
requires any landscape architecture services in designing more elaborate landscaping (or
hardscaped medians) related to this project, DEA landscape architects may perform
these tasks for the City and will negotiate any additional costs upon request. If required,
DEA also invites the opportunity to be available during conttact bidding and
construction for any inquiries or unforeseen concerns that may arise. In addition, we
"ill also be prepared to perform construction staking services and complete the entire
package of Record Drnwing plans at the successful completion of construction (!f
requested).
Work Plan
Phase I: Design Stage
A. Coordination Meetim!s:
DEA "ill attend coordination meetings "ith the City representatives and other relevant
project members (City Consultants, Agents, Utilities, Affected jurisdictions, etc.)
to discuss key elements of the project and specific requirements.
DEA has allotted approximately 20 hours for the DEA project
manager/ to accomplish this task.
B. C017l1Jile research. Base Sheets, & Utilitv Notices:
DEA \\ill perform comprehensive right-of-"ay research in
preparation of the design base sheets and compile the utility research
(supplied by the City) for the street design along Third Street and
Del Rosa Avenue. This research \\ill include searching/compiling
all available record data (relevant plans, reports, survey data, record
maps, right-of-way maps, centerline ties, benchmarks, existing
improvement plans, etc.) \\ithin or adjacent to the project limits.
DEA \\ill then utilize this research to develop base sheet plans for the proposed
street improvements.
DEA engineers \\ill also coordinate the utility notices sent to all related utilities to
inform them of the project and detai1 the limits of the improvements proposed.
However, DEA engineers assume that any uti1ity relocation or modifiCations will be
designed by the respective utility purveyor/agency and "ill be coordinated \\ith the
street improvement plans.
c Street lnuJ1't1l1eme1lt Plfl1IS:
DEA will use cross-section survey data (suppijed by the City) along the proposed
alignment to complete the street design analysis to determine the new street cross-
sections and cut!fill required to construct the proposed street section per the City of San
Bernardino standard plans.
ATTACHMEl\'T "I"
DEA will submit all necessary sets of the relevant plans and specifications to the City
and other applicable agencies for plan checking and approval.
The DEA team will submit the following Street Design Plans as deliverables to the City:
. Preliminary Street Improvement plans (plans, special provisions, & cost estimates)
. Final Street Improvement plans (plans, special provisions, & cost estimates)
DEA will provide all plans in AutoCAD 2000, ACAD 14 (or Microstation) at a scale of
I" = 40 ft. according to the City format consisting of the following:
. Cover Sheet (I sheet)
. Construction Notes and Materials List Sheet (I sheet)
. Street Design P1an/Profile plans (Third Street-2 sheets: Del Rosa - I sheet)
. Street section details for tie-ins and intersections (as required)
After receiving comments back from the City regarding the preliminary plans submitted,
DEA will begin preparations of the finaJ plan package and complete the design package.
D. Traffic Sil!nim?lStriTJinl!lStreet Lil!htinl!lSil!nal Mod. Plans: DEA' s traffic plan
partner, Katz, Okitsu & Associates, will provide the Traffic Signing/Signal
modification, Street Lighting (based on City's street lighting policy). and Striping Plans
required for the street improvements. These traffic plans will be completed in
conformance with the City of San Bernardino traffic standards and will be submitted to
the City and other applicable agencies for plan checking and approval. The
DEA team proposes the following traffic signaVstriping/street
lighting/signal modification plan services to ensure adequate traffic control
for each of the street segments.
Traffic Enl!ineerinl! Scooe of Work
Traffic Signal Modification Plan
(at SW comer of Third Street and Del Rosa Avenue)
Signing and Striping Plans (40 scale)
Street Lighting Plans (40 scale)
I sheet
2 sheets
2 sheets
Refer to the attached "Traffic Engineering Scope Sheet" at the end of this section
showing the number of work hours forecasted, out-of-scope tasks and assumptions, and
estimated time fiame required to complete each required task.
E. Preliminarv and Final Cost Estimtlte:.
DEA will provide the Preliminary Cost Estimates for all project related items at the
completion of the preliminary plan package. In addition, after considering all City
redline modifications requested in the preliminary plan package, DEA will provide the
Final Cost Estimates to be submitted for final approval by the City Engineer. The
project cost estimates will outline each of the main project items for the construction
project and provide quantities that may be used in the City's project bidding procedure.
F. COIItract STJecial Provisions:
DEA will provide a preliminary set of Contract Special Provisions required for the
improvement project at the completion of the preliminary plans. In addition, after
ATTACHME:\'T "I"
considering all City redline modifications requested in the preliminary plan
package, DEA will provide the final set of all required Contract Special Provisions
for final approval by the City Engineer.
G. Desilm Survevinll Services (comDleted and sUDDlied bv the Citv):
The DEA team will compile the survey data and check the cross-sections .supplied
by the City for accwacy before used in the street design analysis.
Pllllse II; Pre-ColIstrllct;oll Stage
A. Assistance durinll BidJinIl Process:
In addition, the DEA team will be able to assist the City with any technical questions
regarding interpretation of construction plans that may arise during the contract bidding
and construction of the proposed improvement project. DEA has budgeted 8 hours for
the project engineer to answer all inquiries during the project bidding process.
B. Pre-Construction Meetinll:
The DEA team will also be available to attend the pre-construction meeting to
review the completed design and discuss specific issues regarding the
construction project. DEA has allotted 5 hours for the project manager and
project engineer to attend this meeting and discuss site-specific issues relevant
to project construction.
Plta.\c Ill: COll.\trllctioll and Po.\t-C,m.\frllctillllSrage
A. Review Submittals. RFI's, and Construction Desilln Chanlles:
During the project construction phase, DEA may review and provide comments
on shop drawings and submittals, RFI, and consider construction design
changes when requested by the City project manager. (Note: Task is not
included herein. but these services may be included with
negotiated fees upon request by City).
Change-of-Plan Drawings Resulting From Errors and Omissions:
DEA will prepare and submit change-of-plan drawings required as a
result of errors or omissions in the final plan data. Such change-of-plan
drawings shall be submitted in a timely manner, so as to avoid or
minimize delay to the construction of any phase of the project and any
resulting contractor's claims for delay. In no event shall the preparation
of such change-of-plan drawings result in an increase in compensation.
Change-of-Plan Drawings Resulting From Construction DijJiculties: DEA may
prepare and submit change-of~plan drawings required to provide for any construction'
difficulties or revisions detennined by the City of San Bernardino to be necessary
during construction of the project. Such change-of-plan drawings shall be submitted
in a timely manner so as to avoid or minimize delays to the construction of the
project and any resulting contractor's claims for delay. In the event such change-of-
plan drawings are requested, this work shall be considered an additional item of work
and additional compensation will be made as outlined in the request for proposal.
ATTACHMENT "I"
(Note: Task is not included herein. but these services may be included with
negotiated fees upon request by City).
B. ConstrucnonlPost-Constructitm SUrvevinll Services:
DEA survey crews may provide construction staking services using the design
clara portrayed on the street improvement plans to ~ly direct all construction
phases in the field. DEA designers and survey technician crews will work together
to transfer design report/survey files to DEA survey crews to prepare each
construction element for staking. For the main centerline
monuments at the intersections along each stteet, DEA will ensure
that comer records are filed prior to construction, will reset any
monuments along the proposed street alignment disturbed during
construction. and will also file comer records at the end of
construction. (Note: Task is not included herein. but these
services may be included with negofiatedfees upon request by
City).
C Record Drawines:
The DEA team will utilize the Contractor's and City Inspector's redline
"As-Built" plans upon project completion to prepare the Record
Drawings (Mylars) for the City. This will be a routine CAD procedure
since the same DEA team perfomting the entire design will complete the Record
Drawings and accurately portray the changes as noted on the construction plans. Upon
completion, DEA will provide the Record Drawings to the City. (Note: Task is not
included herein. but these services may be included with negotiatedfees upon request
by City).
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Traffic Enlrineerine Scope Sheet
Katz, Okitsu & Associates
Del Rosa Drivel3"' Street Roadway Widening Project (MA1907)
Principii Senior AssccWe
Engineer Engineer Engineer Technician aeriell TOTAL
T.... I Sh" HOURS
M__- -c '. .' . . . ....
3rd Sll'eetlDel Rosa Drive 1 4 10 14 16 4 48
Slni....... SIriDl.........
2 Sheets Stacked (40 scale) 2 1.5 8 16 28 2 56
....... . '. I.
2 Sheets Stacked (40 scale) 3 6 10 16 22 4 58
TOTAL HOURS 12 28 46 66 10 162
OUT OF SCOPE TASKS:
Service rendered for out-of-scope work will be billed based on a negotiated maximum fee. Out-of-scope
work include:
· Requests, by either the City or the client, for items not covered in work program tasks described
in this proposal. Any work requested by the City that does not appear directly on the plans for the
proposed project including signal-timing sheets is excluded.
. Design of decorative street lighting or special foundations.
. Change Authorizations during construction.
. Our approach assumes a consensus to the need for this project. We have not allocated any
resources to achieving a consensus regarding the need for improvements. This would include
traffic circulation analysis or related items such as preparation of traffic signal warrant studies.
· Attendance at additional meetings. except as specifically indicated in the Scope of Services. is
billed at $135 per hour.
· Separate drawings are not proposed for signal interconnect or traffic control plans. unless
specifically itemized in the Scope of Services. They can be undertaken as extra work. if
requested by the City and authorized by the Client.
· Any change in roadway configuration or curb lines changes requested after the plans are initiated
may result in the need for extra work to revise completed designs. conduct additional field
research. or supplement base mapping.
· Our fee would exclude any costs paid to the City. utility companies. or any other agency for plan
checking, construction inspection, or utility records.
· The work scope is considered complete once plan approval is obtained. All other services
requests after plan approval are considered extra work. Fees for extra work will be determined
prior to start of that work.
800 North Haven Avenue Suite300 OrllariO California 91764 Teiephone. 909.481.5750 Facsimile. 909.481.5757
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ATTACHMENT "2"
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DAVID EVANS
ANn ASSOCIATES 'Ne.
Schedule of Hourly Billing Rates
RaJu Effective through June 30, 2002
01llcc SI:1ff
Principal $150.00
Project Manager $120.00
Professional Engineer $115.00
Professional Land Surveyor $115.00
Professional Landscape Architect $105.00
Professional Architect $105.00
Professional Planner $105.00
Civil Designer $100.00
e Survey Analyst $105.00
Landscape Designer $80.00
LandlEnvironmental Planner $80.00
CADD Designer $80.00
CADD Drafter $65.00
Clerical 145.00
Note: A.llthorized overtime will be charged at 1.5 time.. the above rate.
Ficici Stoff:
2-Person Survey Crew
3-Pel8On Survey Crew
$185.00
$235.00
NtJle: Per llIlio" agreement, thf're is a 4, 6 and 8 hOllr ",illitmlltl charge for field survey work.
RCllldJllrS,lhle EXPl'llSCS.
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CUent shall pay the costs, plus 15%, for any applicable governmental fees, title company charges,
subconsllltant fees, outside vendor reproduction costs, in-hollSe reproduction costs, mileage, and delivery or
messenger services incurred no Client's behalf.
. ,'t:{ ."/l! /:... _'I: .// '
800 Nnrth Ha.en Avonue SUllO 300 Onl.rio Call1nmia 9176~ Telephone, 909.~81.57)0 hc.lmllc, 90~.~81.5757
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
February 21,2002
TO:
Michael Grubbs
FROM:
Michelle Taylor, Senior Secretary
RE:
Transmitting Documents for Signature - Resolution 2002-52
At the Mayor and Common Council meeting of February 19, 2002, the City of San Bernardino
adopted Resolution 2002-52 - Resolution approving an agreement for professional services with
David Evans and Associates, Inc., for design of the widening of Del Rosa Drive and Third Street
at the San Bernardino International Airport.
Attached is one (1) original agreement. Please obtain signatures in the appropriate locations and
return the original agreement to the City Clerk's Office as soon as possible, to my attention.
Please be advised that the resolution and agreement will be null and void if not executed
within 60 days, or by April 22, 2002.
If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you.
Michelle Taylor
Senior Secretary
owledge receip' of the above mentioned documents.
Signe
Date:
z/-z,J( ~1-
Please sign and return
DEPARTMENT OF DEVELOPMENT SERVICES
DIVISION OF PUBLIC WORKS
DOCUMENT TRANSMITTAL SHEET
FROM: James Funk, Director of Development Services
TO: CITY CLERK'S OFFICE
DATE: March 20,2002
FILE NO, 7.30-14-A
SUBJECT: "ORIGINAL" AGREEMENT DOCUMENT SUBMITTED TO CITY CLERK
RESOLUTION/ORDINANCE TITLE: Reso 2002-52
Resolution Of The City Of San Bernardino
Approving An Agreement For Professional Services
With David Evans And Associates, Inc, For Design
Of The Widening Of Del Rosa Drive And Third
Street At The San Bernardino International Airport.
AGREEMENT TITLE:
Agreementfor Professional Services.
SUBMITTED TO CITY CLERK:
RECEIVED BY:
DATE: March 21,2002
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
March 21, 2002
TO:
Mary Freiberg, Admin. Operations Supervisor II
FROM:
Michelle Taylor, Senior Secretary
RE:
Resolution 2002-52 - David Evans and Associates, Inc.
CC:
Finance
Attached is a fully executed copy of the agreement with David Evans and Associates, Inc., for
design of the widening of Del Rosa Drive and Third Street at the San Bernardino International
Airport. 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): ,;) ~ ''1 -O~ Item #
Vote: Ayes J -5. '/ Nays A
.
\ l" Resolution # ZtD2. - 5;;:2
Abstain Absent ~
Change to motion to am~nd original documents:
Reso. # On Attachments: ~ Contracttenn:
Note on Resolution of Attachment stored separately: --==-
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTV
NullNoid After: (,,0 0"'1) J 4- 2Z-02-
, ,
By: -
Date Sent to Mayor: 2-Z-ty 07
Date of Mayor's Signature: )-;X)-G,')
Date of ClerklCDC Signature: .?;} \ - Od
Reso. Log Updated: t/'
Seal Impressed: .,/
Date MemolLetter Sent for Signature: 'L' Z- \-0 L
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
See Attached: L Date Returned: 3/90 I o!:>-
See Attached:
See Attached:
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Thao Below):
Updated CITV Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (~85, 8234, 655, 92-389):
Ves L No By
Ves No ./ By
-
Ves No ./ By
Ves No / By
Ves No / By
-
Copies Distributed to:
City Attorney /
Parks & Rec.
Code Compliaoce Dev. Services L EDA
Police Public Services Water
Finance ,/
MIS
Others:
Notes:
BEFORE FILING. REVIEW FORM TO ENSURE ANY NOT A nONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.)
Ready to File: ~
Date: '11,;)110 d-
,
Revised 01112/01