HomeMy WebLinkAbout08 - Public Works Inspection Services AgreementNovember 13, 2001
CITY COUNCIL AGENDA
ITEM NO. 8
TO: Mayor and Members of the City Council
FROM: Public Works Department
SUBJECT: APPROVAL OF PROFESSIONAL SERVICES AGREEMENT FOR
PUBLIC WORKS INSPECTION SERVICES
RECOMMENDATIONS:
Approve a Professional Services Agreement for Inspection Services with Quantum
Consulting for $75,000. Authorize the Mayor and the City Clerk to execute the
Agreement.
Authorize a Budget Amendment appropriating $150,000 to 5100 -8080 (Services —
Professional & Technical) from General Fund unappropriated surplus fund balance.
Currently the inspection demands on the City's three full -time inspectors far exceeds their
capacity. There are approximately 16 projects in various stages of construction at this
time and an additional 5 projects scheduled to be awarded before January 1, 2002. From
January 1, 2002 through July 1, 2002 Staff anticipates the award of an additional 20
construction projects. Our inspection staff needs to be increased by two contract
inspectors as soon as possible to be able to provide necessary inspections for current
and future construction projects as well as Encroachment Permit inspections.
The first inspector is needed to provide inspection of the Newport and Balboa Piers
Rehabilitation Project. The Quantum Consulting proposal in the amount of $75,000 offers
the services of an inspector with over 35 years of Public Works experience and ocean -
related project experience with the City of Los Angeles Ports and Harbors Department.
The second inspector is needed to inspect various CIP construction projects scheduled to
begin shortly. Staff is communicating with several other firms to find this inspector. It is
anticipated an additional $75,000 will be needed for these services and another
Agreement will be brought to Council for consideration at a future meeting.
SCOPE OF SERVICES
Acting under the direction of the Public Works Construction Engineer, the contract
inspectors will be assigned to the Pier Rehabilitation and various other construction
projects with the following general scope of work:
SUBJECT: Approval of Professional Services Agreement for Public Works Inspection Services
Date: November 13, 2001
Page 2
1. Inspect construction work for assigned projects on a daily basis. Insure work done
is per contract specifications and plan drawings.
2. Coordinate the Contractor's work with residents, businesses, other City
Departments, and utility companies on a regular basis.
3. Prepare item quantity estimates with Contractor's Superintendent to submit to
Construction Engineer for monthly progress payments.
4. Inform Construction Engineer of potential project changes. Obtain Contractor cost
estimates for suggested changes and for approval by Construction Engineer.
5. Perform final inspections and prepare punch lists
6. Perform miscellaneous tasks as may be requested by City Staff.
Staff is requesting Council to authorize a total of $150,000 to the Public
Works /Engineering Operations budget to facilitate the payment of these services
throughout the fiscal year. Although this expenditure is initially being authorized in the
General Fund as an operating expenditure, at year -end, these expenditures will be
allocated back to the specific CIP's the inspection services were utilized for. The
General Fund will be reimbursed if the inspection services were utilized for CIP's
funded by sources other than the General Fund.
Respectfully submitted,
PUBLIC WORKS DEPARTMENT
Stephen G. Badum, Director
By: �,Cy7�2eci
R. Gunther, P.E.
Construction Engineer
Attachment: Agreement
PROFESSIONAL SERVICES AGREEMENT
WITH QUANTUM CONSULTING TO PROVIDE
CONSTRUCTION INSPECTION SERVICES FOR THE
OCEAN PIER REHABILITATION PROJECT C -3312
THIS AGREEMENT, entered into this day of , 2001, by
and between CITY OF NEWPORT BEACH, a Municipal Corporation (hereinafter referred to
as "City "), and QUANTUM CONSULTING, whose address is 15424 South Hawthorne
Boulevard, Suite 200, Lawndale, California, 90260 (hereinafter referred to as "Consultant'),
is made with reference to the following:
RECITALS
A. City is a Municipal Corporation duly organized and validly existing under the
laws of the State of California with the power to carry on its business as it is
now being conducted under the statutes of the State of California and the
Charter of City.
B. City desires to rehabilitate Balboa and Newport Piers and to improve utility and
communication services to those piers ( "Project').
C. City desires to engage Consultant to inspect the construction of Project in
accordance with the terms and conditions contained in this Agreement.
D. The principal member of Consultant for purpose of Project is Frank Bigdeli,
PE.
E. City has reviewed the previous experience and evaluated the expertise of
Consultant, has solicited and received a proposal from Consultant, and
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Consultant, has solicited and received a proposal from Consultant, and
desires to contract with Consultant under the conditions of this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
The term of this Agreement shall commence on the 19'" day of November 2001, and
shall terminate on the 315` day of December 2002, unless terminated earlier as set forth
herein.
2. SERVICES TO BE PERFORMED
Consultant shall perform all services set forth in Consultant's Proposal of October 30,
2001, attached hereto as Exhibit "A" and incorporated herein by reference.
3. COMPENSATION TO CONSULTANT
City shall pay Consultant for services in accordance with the provisions of this Section
and Consultant's Proposal, Exhibit "A" attached hereto and incorporated herein. No rate
changes shall be made during the term of this Agreement without prior written approval of
City. Consultant's compensation for all work performed in accordance with this Agreement
shall not exceed the total contract price of Seventy Five Thousand Dollars ($75,000).
3.1 Consultant shall maintain accounting records of its billings which
includes the name of the employee, type of work performed, times and dates of all work
which is billed solely on an hourly basis, to include incidental expenses such as
reproductions, computer printing, postage, mileage, etc.
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3.2 Consultant shall submit monthly invoices to City payable by City within
thirty (30) days of receipt of invoice, subject to the approval of City.
3.3 Consultant shall not receive compensation for extra work without prior
written authorization of City. Authorized compensation shall be paid in accordance with the
billing rates as set forth in Exhibit "A ".
4. STANDARD OF CARE
4.1 All of the services shall be performed by Consultant or under
Consultant's supervision. Consultant represents that it possesses the professional and
technical personnel required to perform the services required by this Agreement and that it
will perform all services in a manner commensurate with the community professional
standards. All services shall be performed by qualified and experienced personnel who are
not employed by City nor have any contractual relationship with City. Consultant represents
and warrants to City that it has or shall obtain all licenses, permits, qualifications and
approvals required of its profession. Consultant further represents and warrants that it shall
keep in effect all such licenses, permits and other approvals during the term of this
Agreement.
4.2 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's work promptly, or delay or faulty performance by City,
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contractors, or governmental agencies, or any other delays beyond Consultant's control or
without Consultant's fault.
5. INDEPENDENT PARTIES
City retains Consultant on an independent contractor basis and Consultant is not an
employee of City. The manner and means of conducting the work are under the control of
Consultant, except to the extent they are limited by statute, rule or regulation and the
expressed terms of this Agreement. Nothing in this Agreement shall be deemed to
constitute Consultant or any of Consultant's employees or agents to be the agents or
employees of City. Consultant shall have the responsibility for and control over the details in
means of performing the work provided that Consultant is in compliance with the terms of
this Agreement. Anything in this Agreement which may appear to give City the right to direct
Consultant as to the details of the performance of the services or to exercise a measure of
control over Consultant shall mean that Consultant shall follow the desires of City only in the
results of the services.
6. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated Project
Administrator, and any other agencies, which may have jurisdiction or interest in the work to
be performed. City agrees to cooperate with Consultant on Project.
7. PROJECT INSPECTOR
Consultant shall assign Project to a Project Inspector, who shall coordinate all phases
of Project. This Project inspector shall be available to City at all times during term of Project.
Consultant has designated Arthur Warren, Jr., to be its Project Inspector. Consultant shall
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not bill any personnel to Project other than Arthur Warren, Jr., whether or not considered to
be key personnel, without City's prior written approval by name and specific hourly billing
rate. Consultant shall not remove or reassign any personnel designated in this Section or
assign any new or replacement person to Project without the prior written consent of City.
City's approval shall not be unreasonably withheld with respect to removal or assignment of
non -key personnel.
Consultant, at the sole discretion of City, shall remove from Project any of its
personnel assigned to the performance of services upon written request of City. Consultant
warrants it will continuously furnish the necessary personnel to complete Project on a timely
basis as contemplated by this Agreement.
8. TIME OF PERFORMANCE
Time is of the essence in the performance of the services under this Agreement and
the services shall be performed by Consultant in accordance with the Project's construction
schedule. The failure by Consultant to strictly adhere to said schedule may result in
termination of this Agreement by City, and the assessment of damages against Consultant.
Notwithstanding the foregoing, Consultant shall not be responsible for non - performance,
which is due to causes beyond Consultant's reasonable control.
9. CITY POLICY
Consultant will discuss and review all matters relating to policy and project direction
with the Project Administrator in advance of all critical decision points in order to ensure that
the Project proceeds in a manner consistent with City goals and policies.
10. CONFORMANCE TO APPLICABLE REQUIREMENT
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All work performed by Consultant shall conform to applicable city, county, state and
federal law, regulations and permit requirements and be subject to approval of the Project
Administrator and City Council.
11. PROGRESS
Consultant is responsible to keep the Project Administrator and /or his duly authorized
designee informed on a regular basis regarding the status and progress of the work,
activities performed and planned, and any meetings that have been scheduled or are
desired.
12. HOLD HARMLESS
Consultant shall indemnify, defend, save and hold harmless City, its City Council,
boards and commissions, officers and employees from and against any and all loss,
damages, liability, claims, allegations of liability, suits, costs and expenses for damages of
any nature whatsoever, including, but not limited to, bodily injury, death, personal injury,
property damages, or any other claims arising from any and all negligent acts or omissions
of Consultant, its employees, agents or subcontractors in the performance of services or
work conducted or performed pursuant to this Agreement, excepting only the active
negligence or willful misconduct of City, its officers or employees, and shall include
attorneys' fees and all other costs incurred in defending any such claim. Nothing in this
indemnity shall be construed as authorizing, any award of attorneys' fees in any action on or
to enforce the terms of this Agreement.
13. INSURANCE
Without limiting consultant's indemnification of City, and prior to commencement of
go
work, Consultant shall obtain and provide and maintain at its own expense during the term of
this Agreement policy or policies of liability insurance of the type and amounts described
below and satisfactory to City. Certification of all required policies shall be signed by a
person authorized by that insurer to bind coverage on its behalf and must be filed with City
prior to exercising any right or performing any work pursuant to this Agreement. Except
workers compensation and errors and omissions, all insurance policies shall add City, its
elected officials, officers, agents, representatives and employees as additional insured for all
liability arising from Consultant's services as described herein.
All insurance policies shall be issued by an insurance company certified to do
business in the State of California, with original endorsements, with Best's A -VII or better
carriers, unless otherwise approved by City.
A. Worker's compensation insurance covering all employees and principals of
Consultant, per the laws of the State of California.
B. Commercial general liability insurance covering third party liability risks,
including without limitation, contractual liability, in a minimum amount of $1
million combined single limit per occurrence for bodily injury, personal injury
and property damage. If commercial general liability insurance or other form
with a general aggregate is used, either the general aggregate shall apply
separately to this Project, or the general aggregate limit shall be twice the
occurrence limit.
C. Commercial auto liability and property insurance covering any owned and
rented vehicles of Consultant in a minimum amount of $1 million combined
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single limit per accident for bodily injury and property damage.
D. Professional errors and omissions insurance, which covers the services to be
performed in connection with this Agreement in the minimum amount of One
Million Dollars ($1,000.000).
Said policy or policies shall be endorsed to state that coverage shall not be canceled
by either party, except after thirty (30) days' prior notice has been given in writing to City.
Consultant shall give City prompt and timely notice of claim made or suit instituted arising
out of Consultant's operation hereunder. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own judgment may be
necessary for its proper protection and prosecution of the work.
Consultant agrees that in the event of loss due to any of the perils for which it has
agreed to provide comprehensive general and automotive liability insurance, that Consultant
shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of
any insurer providing comprehensive general and automotive liability insurance to either
Consultant or City with respect to the services of Consultant herein, a waiver of any right of
subrogation, which any such insurer of said Consultant may acquire against City by virtue of
the payment of any loss under such insurance.
14. PROHIBITION AGAINST TRANSFERS
Consultant shall not assign, sublease, hypothecate or transfer this Agreement or any
of the services to be performed under this Agreement, directly or indirectly, by operation of
law or otherwise without prior written consent of City. Any attempt to do so without consent
of City shall be null and void.
in
The sale, assignment, transfer or other disposition of any of the issued and
outstanding capital stock of Consultant, or of the interest of any general partner or joint
venturer or syndicate member or co- tenant if Consultant is a partnership or joint- venture or
syndicate or co- tenancy, which shall result in changing the control of Consultant, shall be
construed as an assignment of this Agreement. Control means fifty percent (50 %) or more
of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation,
partnership or joint-venture.
15. OWNERSHIP OF DOCUMENTS
Each and every report, draft, work product, map, record and other document
reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection
with this Agreement shall be the exclusive property of City.
Documents, including drawings and specifications, prepared by Consultant pursuant
to this Agreement are not intended or represented to be suitable for reuse by City or others
on any other project. Any use of completed documents for other projects and any use of
incomplete documents without specific written authorization from Consultant will be at City's
sole risk and without liability to Consultant. Further, any and all liability arising out of
changes made to Consultants deliverables under this Agreement by City or persons other
than Consultant is waived as against Consultant and City assumes full responsibility for such
changes unless City has given Consultant prior notice and has received from Consultant
written consent for such changes.
Consultant shall, at such time and in such forms as City may require, furnish reports
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concerning the status of services required under this Agreement.
16. CONFIDENTIALITY
The information, which results from the services in this Agreement, is to be kept
confidential unless the release of information is authorized by City.
17. ADMINISTRATION
This Agreement will be administered by the Public Works Department. Lloyd Dalton,
PE, shall be the Project Administrator and shall have the authority to act for City under this
Agreement. The Project Administrator or his authorized representative shall represent City
in all matters pertaining to the services to be rendered pursuant to this Agreement.
18. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and accurate records
with respect to the costs incurred under this Agreement. All such records shall be clearly
identifiable. Consultant shall allow a representative of City during normal business hours to
examine, audit and make transcripts or copies of such records. Consultant shall allow
inspection of all work, data, documents, proceedings and activities related to the Agreement
for a period of three (3) years from the date of final payment under this Agreement.
19. WITHHOLDINGS
City may withhold payment of any disputed sums until satisfaction of the dispute with
respect to such payment. Such withholding shall not be deemed to constitute a failure to
pay according to the terms of this Agreement. Consultant shall not discontinue work for a
period of thirty (30) days from the date of withholding as a result of such withholding.
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Consultant shall have an immediate right to appeal to the City Manager or his designee with
respect to such disputed sums. Consultant shall be entitled to receive interest on any
withheld sums at the rate of seven percent (7 %) per annum from the date of withholding of
any amounts found to have been improperly withheld.
20. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Consultant which result in expense to City greater than would have resulted
if there were not errors or omissions in the work accomplished by Consultant, the additional
design, construction and /or a restoration expense shall be borne by Consultant. Nothing in
this paragraph is intended to limit City's rights under any other sections of this Agreement.
21. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other consultants in connection with Project.
22. CONFLICTS OF INTEREST
A. Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires
such persons to disclose financial interest that may foreseeably be
materially affected by the work performed under this Agreement, and
(2) prohibits such persons from making, or participating in making,
decisions that will foreseeably financially affect such interest.
B. If subject to the Act, Consultant shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for
termination of this Agreement by City. Consultant shall indemnify and
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hold harmless City for any and all claims for damages resulting from
Consultants violation of this Section.
23. SUBCONSULTANT AND ASSIGNMENT
Except as specifically authorized under this Agreement, the services included in this
Agreement shall not be assigned, transferred, contracted or subcontracted without prior
written approval of City.
24. NOTICES
All notices, demands, requests or approvals to be given under this Agreement shall
be given in writing and conclusively shall be deemed served when delivered personally or on
the third business day after the deposit thereof in the United States mail, postage prepaid,
first class mail, addressed as hereinafter provided.
All notices, demands, requests or approvals from Consultant to City shall be
addressed to City at:
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
(949) 644 -3328 Fax (949) 644 -3308
Attn: Lloyd Dalton, PE.
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Quantum Consulting
15424 So. Hawthorne Blvd., Suite 200
Lawndale, CA 90260
(310) 970 -0001 Fax (310) 970 -1061
Attn: Frank Bigdeli, PE, President
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25. TERMINATION
In the event either part hereto fails or refuses to perform any of the provisions hereof
at the time and in the manner required hereunder, that party shall be deemed in default in
the performance of this Agreement. If such default is not cured within a period of two (2)
days, or if more than two (2) days are reasonably required to cure the default and the
defaulting party fails to give adequate assurance of due performance within two (2) days
after receipt by defaulting party from the other party of written notice of default, specifying
the nature of such default and the steps necessary to cure such default, the nondefaulting
party may terminate the Agreement forthwith by giving to the defaulting party written notice
thereof.
25.1 City shall have the option, at its sole discretion and without cause, of
terminating this Agreement by giving seven (7) days' prior written notice to Consultant as
provided herein. Upon termination of this Agreement, City shall pay to Consultant that
portion of compensation specified in this Agreement that is earned and unpaid prior to the
effective date of termination.
26. COMPLIANCES
Consultant shall comply with all laws, state or federal and all ordinances, rules and
regulations enacted or issued by City.
27. WAIVER
A waiver by either party of any breach, of any term, covenant or condition contained
herein shall not be deemed to be a waiver of any subsequent breach of the same or any
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other term, covenant or condition contained herein whether of the same or a different
character.
28. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties hereto, and all preliminary negotiations and
agreements of whatsoever kind or nature are merged herein. No verbal agreement or
implied covenant shall be held to vary the provisions hereon. Any modification of this
Agreement will be effective only by written execution signed by both City and Consultant.
29. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his /her
judgment as a design professional and is supplied for the general guidance of City. Since
Consultant has no control over the cost of labor and material, or over competitive bidding or
market conditions, Consultant does not guarantee the accuracy of such opinions as
compared to contractor bids or actual cost to City.
30. PATENT INDEMNITY
Consultant shall indemnify City, its agents, officers, representatives and employees
against liability, including costs, for infringement of any United States' letters patent,
trademark, or copyright infringement, including costs, contained in Consultant's drawings
and specifications provided under this Agreement.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
By:
Robin Clauson
Assistant City Attorney
ATTEST:
95
LaVonne Harkless
City Clerk
fAusers\pbvAshamd\egreements \fy 01- 02\quantum.doc
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CITY OF NEWPORT BEACH
A Municipal Corporation
By:
Garold B. Adams
Mayor
QUANTUM CONSULTING
By:
Frank Bigdeli, P.E.
President
A
QUANTUM CONSULTING
Engineering Management Services
October 30, 2001
Mr. Bill Patapoff, P.E.
City Engineer
Public Works Department
City of Newport Beach
3300 Newport Blvd.
P.O. Box 1768
Newport Beach, CA 92658 -8915
RE: Proposal For Construction Inspection Services
Fee Schedule And Scope Of Services
Dear Mr. Pataoff.-
Via Fax & U.S. Mail
Thank you for fine opportunity to be of service to fine City of Newport Beach.
As per our discussion, we are pleased to provide you with the fee schedule and fine scope
of work related to our services for- tine referenced project.
Our hourly rate for Mr. Art Warren for a period beginning with your notice to proceed
and ending within six monfins fronn this date is as follows:
Regular rate: $64.00 per hour
Overtime rate: $82.00 per our
In addition, our work will be in accordance with the following scope of services:
1. Review and become knowledgeable of all contract documents.
2. Attend construction meetings. Review and maintain construction schedule with
contractor and Engineer.
3. Review and ensure that the contractor's safety program is in place and
maintained at all times in compliance with OSHA standards.
4. Provide construction inspection in accordance with construction documents to
ensure that fine work is perfornned with fine construction documents.
5. Provide daily logs indicating such finings as weather conditions, contractor's
activities, and any deviation to fine contract.
6. Prepare construction status reports.
7. Meet with contractor, City Staff, and others to answer questions and resolve
conflicts.
15424 So. Hawthorne Blvd., Suite 200, Lawndale, CA 90260
(310) 970 - 0001 -FAX (310) 970 -1061 Email: Quancon @aol.com
Mr. Bill Patapoff, P.E.
Inspection Proposal
October 30, 2001
Page 2
8. Verify pay quantities developed by contractor.
9. Process and track Requests For Infornnation (RIF), submittals, shop drawings,
and plat revisions.
10. Prepare field change orders for review by Engineer, and implement approved
change order.
IL Maintain construction files.
12. Review preliminary 30 -day notice log by fine subcontractors.
13. Develop punch list commencing at 80% completion to prevent long punch period
by allowing the contractor to address deficient items concurrently with fine
project.
14. Perform quality assurance reviews on a regular basis and recommend changes.
15. Prepare notice of substantial completion and beneficial occupancy notices.
16. Review as -built drawings far accuracy.
17. Conduct final job walk(s) and prepare "punch list ".
18. Provide construction inspection for other work as directed by Engineer.
Should you need ant) additional information or have any questions do not hesitate to
contact me at, (310) 970 -0001.
Thank you for you time and attention.
r
SirnYrely�
(Prank Bigdei P
President
FB. jb
Quantum Consulting
City of Newport Beach
BUDGET AMENDMENT
2001 -02
CT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates
X Increase Expenditure Appropriations
Transfer Budget Appropriations
SOURCE:
from existing budget appropriations
from additional estimated revenues
PX from unappropriated fund balance
EXPLANATION:
NO. BA- 022
AMOUNT: $150,000.00
Increase in Budgetary Fund Balance
AND X Decrease in Budgetary Fund Balance
No effect on Budgetary Fund Balance
This budget amendment is requested to provide for the following:
To appropriate $150,000 from unappropriated surplus fund balance to the Public Works, Professional Technical
Services account for contract inspection services.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Eund Account
General Fund 010 3605
•ENUE ESTIMATES (3601)
Fund /Division Account
EXPENDITURE APPROPRIATIONS (3603)
Division Number
Account Number
Division Number
Account Number
Division
Number
Account
Number
Division
Number
Account
Number
Division Number
Account Number
Signed:
Signed:
Description
Budgetary Fund Balance
Description
Description
5100 Public Works - Engineering
8080 Professional Technical Services
Approval: Administrative Services Director
Administrative Approval: City Manager
Amount
Debit Credit
$150,000.00
Automatic
$150,000.00
Date
Date
Signed:
City Council Approval: City Clerk Date