HomeMy WebLinkAbout05038 - PROFESSIONAL SERVICE INDUSTRIES PSI 2004 CITYWIDE ARHM OVERLAY PROJECT CP 04-01 DOCUMENT TRACKING
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Report: Soon to Expire Documents Listing February 1,2006
Condition: Expire Within 90 days,ALL Groups,ALL Services,ALL XREFs
Document# Company Group Service Aprvl Date Expire Date Close Date
A0417C John Wessman COMMUNITY& In File 041042001 04/0112006
A0472C Geiger LLC COMMUNITY& In File 03/17=4 04/17/2006
A3782 Daves Towing Services POLICE DEPARTMENT In File 04/02/1997 04/012006
A3783 Mohica Towing Service POLICE DEPARTMENT In File 04/02/1997 04/01/2006
A3865 Building Industry Assoc. PLANNING In File 10/15/1997 03/0112006
A4366 CVAG CITY MANAGER In File 10/02/2002 02/01/2006
A4487 V S A Airports AIRPORT In File 04/242002 04/23/2006 �Y�O �SS
A4607 Canyon Gate L L C ENGINEERING In File 12/18/2002 04/21/2005 , W*Ccu��
A4643 Prudential Overall Supply - ENGINEERING -In File 02/192003 02/01/2006—DO 'I
A4648 Aleshire&Wynder, L L P In File 02/192003 02/012006
A4663 X C I, Inc. In File 0310MG03 03/0112006
A4665 H D R Engineering - In File 03/05/2003- 03/01/2006 1>D IJCrrCLDSF
A4671 California Office Of Traffic Safety POLICE DEPARTMENT In File 02/192003 03/31/2006 v p.TDVAPd;r- C-xhiLn;7 z-'
A4702 Barney Trust COMMUNITY& In File 05/21/2003 05/01/2006 dry{?eDet�� v
A4707 California Street Maintenance - ENGINEERING In File 0521/2003 05/01/2006po-NQT CLOSS
(usryg �xfier�si��
A4865 Coachella Valley Taxi Owners AIRPORT In File 04/072004 0410612DW
A4874 LSG Sky Chefs AIRPORT In File 04/21/2004 04/012006
A4882 Amado Hermosa LLC In File 05/052004 05/01/20W
A4904 \,U Q� JenQuest In File 06/30/2004 02/28/2006
A5036 (,\ \ 'A Principal Decision System Int'I FIRE DEPARTMENT In File 02/04/2005 02/01/2D06
A5038 V�' C Professional Service Industries Inc �NfOINteRW& In File 0210712005 02101=06 0..K.+0 CACS 'G
A5046 n John Mishler COMMUNITY& In File 03102/2005 03/012006
A5048 C-0 �Ye,{1y ? Doken Engineering ENGINEERING In File 03/04/2005 03/012006 FMQ ��
A5051 Dateland Construction Inc ENGINEERING In File 03(08/2005 03/01/2006 0..m�igQ,
A5053 Bond Blacktop Inc ENGINEERING NOC 03/09/2005 03/012006 Qko"6 tZ�l5109
A5078 Empire Economics Inc ENGINEERING In File 04/18/2005 04/172006 C4144-04 e8l04l°5-
A5084 P S Power Baseball Foundation PARKS&RECREATION In File 04/112005 02/28/2006
A5119 L S A Associates CITY MANAGER In File 06/152005 02/282006
Professional Service
Industries PSI
2004 ARHM Overlay
AGREEMENT#5038
M07581, 11-3-04
CITY OF PALM SPRINGS
CONTRACT SERVICES AGREEMENT FOR
Construction Materials Testing and Inspection Services for
2004 Citywide ARHM Overlay Project, CP. 04-01
THIS CONTRACTS RVICES AGREEMENT (herein "Agreement") is made and
entered into this day of � VQvvt� (h� by and between the Citv of Palm Sprinqs,
a municipal corporation (herein "City") and Professional Service Industries (PSI), Inc. (herein
"Contractor").
NOW, THEREFORE, the parties hereto agree as follows:
1.0 SERVICES OF CONTRACTOR
1.1 Scope of Services. In compliance with all of the terms and conditions of this
Agreement, the Contractor shall perform the work or services set forth in the "Scope of Services"
attached hereto as Exhibit "A" and incorporated herein by reference. Contractor warrants that all
work and services set forth in the Scope of Services will be performed in a competent, professional
and satisfactory manner.
1.2 Compliance With Law. All work and services rendered hereunder shall be
provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City
and any Federal, State or local governmental agency of competent jurisdiction.
1.3 Licenses, Permits, Fees and Assessments. Contractor shall obtain at its sole
cost and expense such licenses, permits and approvals as may be required by law for the
performance of the services required by this Agreement.
2.0 COMPENSATION
2.1 Contract Sum. For the services rendered pursuant to this Agreement,
Contractor shall be compensated in accordance with the "Schedule of Compensation" attached
hereto as Exhibit "B" and incorporated herein by this reference, but not exceeding the maximum
contract amount of Thirteen Thousand Five Hundred Twenty Dollars ($13,520.00 )("Contract
Sum").
2.2 Method of Payment. Provided that Contractor is not in default under the
terms of this Agreement, Contractor shall be paid as outlined in Exhibit "B" Schedule of
Compensation.
3.0 COORDINATION OF WORK
3.1 Representative of Contractor. Rick Ford is hereby designated as being the
principal and representative of Contractor authorized to act in its behalf with respect to the work
and services specified herein and make all decisions in connection therewith.
3.2 Contract Officer_ Pete Agres is hereby designated as being the
representative the City authorized to act in its behalf with respect to the work and services specified
herein and make all decisions in connection therewith ("Contract Officer"). The City Manager of
City shall have the right to designate another Contract Officer by providing written notice to
Contractor.
I-I\Users\Eng\Conte Serv.Agr.\04-0I PSI.
3.3 Prohibition Aqainst Subcontractinq or Assiqnment. Contractor shall not
contract with any entity to perform in whole or in part the work or services required hereunder
without the express written approval of the City. Neither this Agreement nor any interest herein
may be assigned ortransferred, voluntarily or by operation of law,without the priorwritten approval
of City. Any such prohibited assignment or transfer shall be void.
3.4 Independent Contractor. Neither the City nor any of its employees shall have
any control over the manner, mode or means by which Contractor, its agents or employees,
perform the services required herein, except as otherwise set forth. Contractor shall perform all
services required herein as an independent contractor of City and shall remain under only such
obligations as are consistent with that role. Contractor shall not at any time or in any manner
represent that it, or any of its agents or employees, are agents or employees of City.
4.0 INSURANCE, INDEMNIFICATION AND BONDS
4.1 Insurance. The Contractor shall procure and maintain, at its sole cost and
expense, in a form and content satisfactory to City, during the entire term of this Agreement
including any extension thereof, the following policies of insurance:
(a) Commercial General Liability Insurance. A policy of commercial general liability insurance
written on a per occurrence basis with a combined single limit of at least $1,000,000 bodily injury
and property damage including coverages for contractual liability, personal injury, independent
contractors, broad form property damage, products and completed operations. The Commercial
General Liability Policy shall name the City of Palm Springs as an additional insured in accordance
with standard ISO additional insured endorsement form CG2010(1185) or equivalent language.
(b) Worker's Compensation Insurance. A policy of worker's
compensation insurance in an amount which fully complies with the statutory requirements
of the State of California and which includes $1,000,000 employer's liability.
(c) Business Automobile Insurance. A policy of business automobile
liability insurance written on a per occurrence basis with a single limit liability in the amount
of $1,000,000 bodily injury and property damage. Said policy shall include coverage for
owned, non-owned, leased and hired cars.
(d) Additional Insurance. Additional limits and coverages, which may
include professional liability insurance, will be specified in Exhibit A.
All of the above policies of insurance shall be primary insurance. (Reference Section 4.4
regarding sufficiency.) The insurer shall waive all rights of subrogation and contribution it may have
against the City, its officers, employees and agents, and their respective insurers. In the event any
of said policies of insurance are canceled, the Contractor shall, prior to the cancellation date,
submit new evidence of insurance in conformance with this Section 4.1 to the Contract Officer. No
work or services under this Agreement shall commence until the Contractor has provided the City
with Certificates of Insurance, endorsements or appropriate insurance binders evidencing the
above insurance coverages and said Certificates of Insurance, endorsements, or binders are
approved by the City.
The contractor agrees that the provisions of this Section 4.1 shall not be construed as
limiting in any way the extent to which the Contractor may be held responsible for the payment of
damages to any persons or property resulting from the Contractor's activities or the activities of any
person or persons for which the Contractor is otherwise responsible.
In the event the Contractor subcontracts any portion of the work in compliance with Section
3.3 of this Agreement the contract between the Contractor and such subcontractor shall require
the subcontractor to maintain the same polices of insurance that the Contractor is required to
maintain pursuant to this Section.
H\Users\Bng\Contr.Serv.Agr.\04-01 PSI.
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4.2 Indemnification. Contractor agrees to indemnify the City, its officers, agents
and employees against, and will hold and save them and each of them harmless from, any and all
actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors,
omissions or liabilities, (herein"claims or liabilities")that may be asserted orclaimed by any person,
firm or entity arising out of or in connection with the negligent performance of the work, operations
or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein,
orarising from the negligent acts oromissions of Contractor hereunder, orarising from Contractor's
negligent performance of or failure to perform any term, provision, covenant or condition of this
Agreement, whether or not there is concurrent passive or active negligence on the part of the City,
its officers, agents or employees but excluding such claims or liabilities arising from the sole
negligence or willful misconduct of the City, its officers, agents or employees, who are directly
responsible to the City, and in connection therewith:
(a) Contractor will defend any action or actions filed in connection with
any of said claims or liabilities and will pay all costs and expenses, including legal costs and
attorneys' fees incurred in connection therewith;
(b) Contractorwill promptly pay anyjudgment rendered against the City,
its officers, agents or employees for any such claims or liabilities arising out of or in connection with
the negligent performance of or failure to perform such work, operations or activities of Contractor
hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees
harmless therefrom;
(c) In the event the City, its officers,agents or employees is made a party
to any action or proceeding filed or prosecuted against Contractor for such damages or other
claims arising out of or in connection with the negligent performance of or failure to perform the
work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its
officers, agents or employees, any and all costs and expenses incurred by the City, its officers,
agents or employees in such action or proceeding, including but not limited to, legal costs and
attorneys' fees.
4.3 Performance Bond. Concurrently with execution of this Agreement,
Contractor shall deliver to City a performance bond in the sum of the amount of this Agreement,
in the form provided by the City, which secures the faithful performance of this Agreement, unless
such requirement is waived by the Contract Officer. The bond shall contain the original notarized
signature of an authorized officer of the surety and affixed thereto shall be a certified and current
copy of his power of attorney. The bond shall be unconditional and remain in force during the
entire term of the Agreement and shall be null and void only if the Contractor promptly and faithfully
performs all terms and conditions of this Agreement.
4.4 SufficiencV of Insurer or Surety. Insurance or bonds required by this
Agreement shall be satisfactory only if issued by companies qualified to do business in California,
rated"A"or better in the most recent edition of Best's Key Rating Guide or in the Federal Register,
unless such requirements are waived by the City Manager or designee of the City Manager due
to unique circumstances. In the event the City Manager determines that the work or services to
be performed under this Agreement creates an increased or decreased risk of loss to the City, the
Contractor agrees that the minimum limits of the insurance policies and the performance bond
required by this Section 4 may be changed accordingly upon receipt of written notice from the City
Manager or designee; provided that the Contractor shall have the right to appeal a determination
of increased coverage by the City Managerto the City Council of Citywithin ten (10) days of receipt
of notice from the City Manager.
5.0 TERM 5.1 Term. Unless earlier terminated in accordance with Section
5.2 below, this Agreement shall continue in full force until December 31, 2005.
PI\Users\Eng\Contr.Serv.Agr.\04-01 PSI.
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5.2 Termination Prior to Expiration of Term. Either party may terminate this
Agreement at anytime, with orwithout cause, upon thirty(30)days written notice to the other party.
Upon receipt of the notice of termination, the Contractor shall immediately cease all work or
services hereunder except as may be specifically approved by the Contract Officer. In the event
of termination by the City, Contractor shall be entitled to compensation for all services rendered
prior to the effectiveness of the notice of termination and for such additional services specifically
authorized by the Contract Officer and City shall be entitled to reimbursement for any
compensation paid in excess of the services rendered.
6.0 MISCELLANEOUS
6.1 Covenant Against Discrimination. Contractor covenants that, by and for
itself, its heirs, executors, assigns and all persons claiming under or through them, that there shall
be no discrimination against or segregation of, any person or group of persons on account of race,
color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this
Agreement. Contractor shall take affirmative action to ensure that applicants are employed and
that employees are treated during employment without regard to their race, color, creed, religion,
sex, marital status, national origin or ancestry.
6.2 Non-IiabilitV of City Officers and Employees. No officer or employee of the
City shall be personally liable to the Contractor, or any successor in interest, in the event of any
default or breach by the City or for any amount which may become due to the Contractor or to its
successor, or for breach of any obligation of the terms of this Agreement.
6.3 Conflict of Interest. No officer or employee of the City shall have any
financial interest, direct or indirect, in this Agreement nor shall any such officer or employee
participate in any decision relating to the Agreement which effects his financial interest or the
financial interest of any corporation, partnership or association in which he is, directly or indirectly
interested, in violation of any State statute or regulation. The Contractor warrants that it has not
paid or given and will not pay or give any third party any money or other consideration for obtaining
this Agreement.
6A Notice. Any notice, demand, request, document, consent, approval, or
communication either party desires or is required to give to the other party or any other person shall
be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City,
to the City Manager and to the attention of the Contract Officer, CITY OF PALM SPRINGS, P.O.
Box 2743, Palm Springs, California 92263, and in the case of the Contractor, to the person at the
address designated on the execution page of this Agreement
6.5 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or against either
party by reason of the authorship of this Agreement or any other rule of construction which might
otherwise apply.
6.6 Integration;Amendment. It is understood that there are no oral agreements
between the parties hereto affecting this Agreement and this Agreement supersedes and cancels
any and all previous negotiations, arrangements, agreements and understandings, if any, between
the parties, and none shall be used to interpret this Agreement. This Agreement may be amended
at any time by the mutual consent of the parties by an instrument in writing.
6.7 Severability. In the event that part of this Agreement shall be declared invalid
or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity
or unenforceability shall not affect any of the remaining portions of this Agreement which are
hereby declared as severable and shall be interpreted to carry out the intent of the parties
hereunder unless the invalid provision is so material that its invalidity deprives either party of the
basic benefit of their bargain or renders this Agreement meaningless.
I-I\Users\Eng\Conti.Serv.Agr.\04-0IPSI.
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6.8 Waiver. No delay or omission in the exercise of any right or remedy by a
nondefaulting party on any default shall impair such right or remedy or be construed as a waiver.
A party's consent to or approval of any act by the other party requiring the party's consent or
approval shall not be deemed to waive or render unnecessary the other party's consent to or
approval of any subsequent act. Any waiver by either party of any default must be in writing and
shall not be a waiver of any other default concerning the same or any other provision of this
Agreement.
6.9 Attorneys' Fees. If either party to this Agreement is required to initiate or
defend or made a party to any action or proceeding in any way connected with this Agreement, the
prevailing party in such action or proceeding, in addition to any other relief which may be granted,
whether legal or equitable, shall be entitled to reasonable attorney's fees,whether or not the matter
proceeds to judgment.
6.10 Corporate Authority. The persons executing this Agreement on behalf of the
parties hereto warrant that (i)such party is duly organized and existing, (ii)they are duly authorized
to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement,
such party is formally bound to the provisions of this Agreement, and (iv) the entering into this
Agreement does not violate any provision of any other Agreement to which said party is bound.
SIGNATURES ON NEXT PAGE
I-I\Users\Eng\Contr.Serv.Agr.\04-01 PSI.
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IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the
date first written above
CITY OF PALM SPRINGS
ATTEST: a municipal corporation
YO
pyC'4xAPED AS TO FORM: 0
APPROVED F3V THE CAT
Corporations require two notarized signatures: One signature must be from the Chairman of Board, President, or any Vice
President. The second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief
Financial Officer.
CONTRACTOR: Check one,_Individual_Partnership Corporation
Signature (notarized) // C Ignat46itanzed)
Name Name:
a � Name:
Title: &,qac'! - Qh� Title fl _
(This Agreement must be signed in the above space b one of (This Agreement oust b signed in the above space by one oFihc
the following:Chairman of the Board,President or any Vice following. Secretary, Assistant Secretary,Treasurer, Assistant
President) Ti easureer or Chief Financial Officer.)
State of co �VVL-1 Slate of l\G V1, 1
County of B1�2Qccl Gcul Iss County of •V s
t=e 1 t W S � pp�_I (I�� � � _ (�
On ' befoieme, �.Ll (y�'rttyV(a.Qrl siy6caM41�ot1\V- On 1.at.7Drjhelbrcin �.(LI(LL 0' r'�-(�e(Olne.
person ily appeared �,i�C (4Cd '— personally appeared if e�PLn
Iresseae0g' nowvrta�tte(at proved to me on the basis sasatisfactoiy persord ld -knewirkrme(or proved to One on the basis of satisfect ay
evidence)to be the person(sj whoac nanreCsj is/a®subsc ibed to the evidence) to be the person(g�whesc name(-}is/a subscribed to the
within inshnntcntand acknowledged to me that he/shemety executed within fistrurrentand ackmowledged tontethathe/she/theyexecuted the
the same in hi5AmnttserT authorized capacky(es), and that by same in his/fterithmr authorized capaNty("),and that by his/he du it
his/htfithtir signature(lj011theinsuvmenttheperson(s4,oi theentity signalure(-,P�on the instrument the persgn(sj,or entity upon behalf of
upon behalf ofwhich the person(#acte 1,executed the instrument. which the person(stacted,executed the instrument.
WITNESS my hand and
//official seal. WITNESS❑ry hand and official ,���,
cial seal.-�
Notary Signature: x.-.E.1ilJ't,�e Notary Signature: Uwu f.. —o�
a
Notary Seal: Notary Seal:
=. ' ,.:; CARRlS ROVN61'
CARRIE ROVNEY f .� Commission# 13ggg57 Commission# 1348457 z •�.� Nola
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Notary Public-California - ry Public-California
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— — aa�"�"� � _ _ - -. T6I
•
Agreement over/under $25,000
Reviewed and approve by
Procurement & Contracting
H\Uscrs\EngAContr.Scrv.Agr.A04-0IPSI.
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EXHIBIT "A"
SCOPE OF WORK
Provide Construction Materials Testing and Inspection Services for the Citywide ARHM Overlay
Project, City Project No. 04-01, consisting of:
1. Inspection of Asphalt Rubber Hot Mix (ARHM) at the batch plant;
2. On site sampling of ARHM pavement and Inspection of temperature control at project
locations;
3. Related laboratory testing.
4. Test evaluation report
Contractor shall provide required services upon 24-hour minimum advance notice.
Section 4.3, "Performance Bond", is waived.
I-I\Users\Eng\Contr.S erv.Agr.\04-0I PSI.
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EXHIBIT "B"
SCHEDULE OF COMPENSATION
Description of Services No. of Rate/Unit Totals
Units
1. Asphaltic Concrete Observation - per hour 200 $ 57.00 $11,400.00
2. Gradation and Extraction Testing - each 2 $160.00 $320.00
3. Maximum Density Testing, Rice Method - each 3 $150.00 $350.00
4. Vehicle Costs - per day 40 $32.00 $1,280.00
5. Test Evaluation, Report Review, and Consultation 1 $70.00 $70.00
TOTAL (NOT TO EXCEED) $13,520.00
Payment shall be based on the actual services provided, not to exceed the amounts listed above.
Payment shall be made on a unit price basis, not to exceed the total specified above, upon
completion of all services and within 30 days of approval of an invoice therefore.
II\Users\Giig\Coiitr.Serv.Agr A04-0IPSI.
�-t9 02 '05 15:23 FR TO 93228360 P.01iO3
��E�aigormation
1" � ToBi ild On
F&CSIMILE TRANSMITTAL SHEET
COMPANY. DATE:
P1%VCSW TOT.N4 NV OF P. GES IWCLGD[yO CO��R
7010
P oO E 9c>WEA' 5o:1DER'S 7:F'eRE:+CE vCbIBEA:
AE: YOUR REFSX-VCE uU�ER,
❑ dG 6i T ❑FOR P Ma%V ❑ PCEAgS COMNCEN-r ❑ FLE ISE REPLY Q 2LE.'.SE A Ci CL�
`L i�- CON VE`TS:
1;47 aj LL
PROFESSIONAL SERVICE INDUSTRIES, INC.
42-240 GREEN WAY, SUITE C
PALM DESERT, CA 92241
PHONE 760-341-5790 F.kX ", 60-341-3794
Foi ru LUNb tiL ,.H hax:5KbMbo8 Feb 2 2005 13:03 P.01
!=pS#TbInfbnwtzon
Buiid On
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MEMORANDUM
Via FAX:760-322-8360
TO; Mr George F.Farago,PE
CC; Mr Rick Ford
From: Mr.James E,Owens,PE
Date: 2/2/2005
Re: CITY OF PALM SPRINGS MATRIALS TESTING AND OBSERVATION,STREET
OVERLAY
Dear George,
This memo serves to confirm that Mr Rick Ford,Branch Manager PSI Palm Desert office,is
empowered to bind PSI on the reforonced contract.Mr Ford's authority extends to contracts up to
$25,000,
Please contact me if you have any questions or require additional information
Sincerely,
A
James anw-en: PE
Senior Vice President
Professional Service Industries,Inc
3960 Gilman Street
Fong Beach,CA 90815
Phone:562-597-3977
Fax:562-597.0658
Email:imi.owens(khpsiusmor
rtb 02 15:23 FR TO 93229360 P.02iO3
SOP PN-1
Revision 5
Page 1 of 2
STANDARD OPERAMQ PROCEDURE
July 17,2003
SUJECT: Position Responsibility Write-Ups
Each position within PSI has a specific scope of authority,which varies with the level of
responsibility assigned. The purpose of this procedure is to outline the scope of authority for
each management position. The authority levels are summarized on page 2 of this procedure.
Separate Position Descriptions,which detail job dutles and responsibilities, are maintained by !
the Corporate Human Resources Department and are available in the Human Resources Ii
section, under Careers, on PIER.
i
SOP PN-4
Revision 6
Page 2 of 2 T
rr
tz
SCOP SUI1MkFVY CFOSEAEC. SENIOR BRANCH!
BUSINESS IV
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PRESIDENT PRESIDENT PRESIDENT MANAGER MANAGE MIAHAGER DEVELOPMENT AM N0.OER, m
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CONTRACT ABSTRACT
Contract
Company Name: Professional Service Industries, Inc.
Company Contact: Rick Ford
-l— \hh PL�ldh �rv�C¢S
Summary of Services: 2004 Citywide ARHM Uve layy CP#04-07)
Contract Price: $13,520
Funding Source: 134-4498-50225
Contract Term: One Year
Contract Administration
Lead Department: Public Works& Engineering
Contract Administrator: David Barakian/Pete Agres
Contract Approvals
Council/Conmmiuty Redevelopment
Agency Approval Date: 11/03/04 (original project award)
Minute Order/Resolution Number: 758iT(original project mo) 1, 1
Agreement Number: TBA
Contract Compliance ��rr
Exhibits:Signatures:
Insurance:
Insurance:
Bonds: GL,"T
Contract prepared by: 2(-
Submitted on: -/Zrc,;> By:
M E M O R A N D U M
TO: Mari Lynn Boswell, Administrative Secretary
Procurement,Office
FROM: Kathie Hart 0-
Chief Deputy City Clerk
DATE: February 15, 2005
SUBJECT: Professional Services Industries A5038
cc: Jay Thompson, City Clerk
File
Attached are three duplicate copies of the above referenced Agreement . We have
retained the original our files.
Please feel free to contact me if there are any questions, ext. 8206.
/kd h
attach.