HomeMy WebLinkAboutGORDON & WILLIAMS, INC. (2)1N,&)RAN()"E ON E'ILE A-2007-056
WORK MAY PROCEED
UNTIL INSURANCE EXPIRES
4� -
"I NCIL
DATF: THIRD AMENDMENT TO
0 P VVA Cz) Q-- G c6le i PROGRAM MANAGEMENT AGREEMENT
FOR CONSTRUCTION OF CITY HALL PARKING STRUCTURE
THIS THIRD AMENDMENT TO AGREEMENT is entered into on March 5,
2007, by and between GORDON & WILLIAMS, INC., a California corporation
("Program Manager") and THE CITY OF SANTA ANA, a charter city and municipal
corporation of the State of California ("City").
RECITALS:
A. The pal -ties entered into Program Management Agreement A-2002-144A, dated
July 15, 2002, (hereinafter "said Agreement") by which Program Manager agreed
to provide program management for the design and construction of the new
parking structure adjacent to Santa Ana City Hall (hereinafter "said "Project").
B. The scope and cost of said Project expanded and the parties amended said
Agreement to increase the scope of the work, extend the timeline to complete
services and increase the budget to $6,000,000.00, for said Project.
C. The parties have again increased the scope of the Project to provide additional site
improvements to the parking lot and parking structure.
WHEREFORE, in consideration of the covenants contained in said Agreement, and
subject to all the terms and conditions of said Agreement, except those amended in this
'Third Amendment to Agreement, the parties agree as follows:
The parties agree to increase the total Project budget to a total not to exceed
amount of $8,772,631.61, as set forth in Exhibit 1, attached hereto and
incorporated by this reference. Said budget includes all work provided by
Program Manager, contractors and all subcontractors, including Howard S.
Wright, for all portions of the project, including Parking Controls (Exhibit 4);
and AOC Pad, Site Improvements and Site Fire Line (Exhibit 3); as set forth in
section 3, below.
Said increased budget includes total project management fees of $337,612 which
includes the entire additional project management fee, calculated pursuant to
section 15.1, for approved change orders, and a -fee equal to two percent (2%) for
the contract administration of the Howard S. Wright contract. Program Manager
agrees that it is not entitled to, and waives any claim for the four percent fee for
the work performed by Howard S. Wright, as set forth in Section 4, below.
2. The Project shall be expanded to provide for site improvements including 1) the
AOC pad; 2) fire line; 3) parking controls and louvers; 4) a redesigned entry into
4-
the Civic Center parking area which shall include an electronic entry system; and
5) the construction of new pavement, curbs, gutters, sidewalk, landscaping,
irrigation and lighting as well as new pedestrian plaza between City Hall and the
parking structure (collectively referred to as "Site Improvements"), all as shown
in Exhibit 2, attached hereto and incorporated by reference. The site
improvements shall provide ADA access throughout the parking lot, including
the route to City Hall and the Council Chambers.
a. Program Manager shall continue to provide Construction Management Services
for the following items
Parking controls and louvers
Parking lot entry redesign
b. Program Manager shall administer the contract with its subcontractor Howard
S. Wright to complete the following components of the Project, within the budget
set forth in Exhibit 3.
• AOC Pad
Site Improvements
Site Fire fine
4. Article 3.3 shall be revised to establish a completion date of July 17, 2007. Said
article shall read, in full, as follows:
"Program Manager shall prepare and submit for the City's approval, an estimated
progress schedule for the Project, including a completion date of July 17, 2007
(the "Completion Date"). The schedule shall indicate the date for the
commencement and completion of any stages of the design and construction and
'a,. F .. 1,.4: .]..e... 4 c Y r-_--__r TI__ T.__•__
prOviuc ibi a completion ua�G aS 3c� WILLI III �rLAIU1t -3.t 1101'et- . lne "Project
schedule is subject to revisions as required by the conditions of said Project,
change orders and those conditions and events that are beyond the control of
Program Manager, or the Contractors, including force majeure days."
5. Except as herein amended, all terms and conditions of said Agreement, as
previously amended, shall remain in full force and effect.
11
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IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to
Program Management Agreement on the date and year first written above.
ATTEST:
"---I;AU-RI(-'IA FIEALYo
fr]
Clerk of the Council
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney
By: )V/
Laura Sheedy"
Assistant City Attorney
APPROVED AS
JAMES G. ROSS
Executive Director
Public Works Agency
CITY OF SANTA ANA
DAVID N. REAM
City Manager
PROGRAM MANAGER
GORDON & WILLIAMS
GENERAL CONTRACTORS, INC.
LATENT:
B y:
Name: f, V I -
Title:
61 t -31
Exhibit 1
CONTRACT CURRRENT
SITE ALLOWANCE
50V
BUDGET
DEMOLITION, SHORING, EARTHWORK & GRADING
$648,490
$257,878
SITE UTILITIES
$221,750
$245,800
ASPHALT PAVING
$108,378
$8,000
LANDSCAPE, IRRIGATION
$92,900
$750
SITE CONCRETE
$59,720
$0
SITE ELECTRICAL
$160,750
$397,250
SUBTOTAL SITE ALLOWANCE
$1,291,988
$909,678
PARKING STRUCTURE
CRACK CONTROL ALLOWANCE
$2,500
$0
FIELD ENGINEERING
$6,000
$0
SECURITY FENCING OUTSIDE GARAGE FOOTPRINT
EXCLUDED
EXCLUDED
EXCAVATION & BACKFILL
$58,233
$60,000
PILES -DRIVEN/ POURED
EXCLUDED
EXCLUDED
SITE CONCRETE ! STAIRS
$33,000
$0
PARKING LOT STRIPING / BUMPERS
$7,500
$10,000
REINFORCING STEEL & PT
$500,614
$822,000
BARRIER CABLE
$25,475
$25,000
CONCRETE FORM
$1,440,708
$1,444,990
MASONRY
$72,908
$332,604
STEEL MISCELLANEOUS
$274,337
$177,923
SHEET METAL
$3,784
$7,000
CAULKING & BGWP
$7,642
$18,000
METAL DOORS ! FRAMES ! HARDWARE
$3,100
$10,000
OVERHEAD DOORS
$10,000
$60,000
GLASS & GLAZING
$7,200
$15,800
LATH & PLASTER
$39,278
$106,000
CERAMIC TILE
$4,200
$5,000
PAINTING
$17,840
$101,000
SIGNS & GRAPHICS
$3,200
$10,000
TOILET PARTITIONS 1 ACCESSORIES
NIA
NIA
SPECIALTIES & EQUIPMENT
NIA
NIA
PARKING CONTROLS (ALLOWANCE)
$30,000
$826,336
ELEVATORS
$58,539
$50,000
FIRE SPRINKLER SYSTEM ! EXTINGUISHERS
$38,300
$54,000
PLUMBING
$86,170
$85,000
HVAC
$5,135
$5,000
ELECTRICAL
$164,478
$242,750
FINAL CLEAN-UP
$4,923
$24,196
TEMP POWER
$10,000
$10,000
CONTINGENCY
$200,000
$100,000
SUBCONTRACTORS FEE & GENERAL CONDITIONS
$356,089
$374,452
SUBTOTAL PARKING STRUCTURE
$3,471,153
$4,977,051
NEW WORK
** SITE PACKAGE (INCL. PAVING ! LANDSCAPE/ PAD) $0 $1,389,944
SUBTOTAL NEW WORK $0 $1,389,944
Page 1
CONTRACT CURRRENT
SOV BUDGET
SUBTOTAL PARKING STRUCTURE, SITE & NEW WORK $4,763,141 $7,276,673
GENERAL LIABILITY INSURANCE
PERMIT FEES
STAFFING & SITE EXPENSES
PRE -CON PHASE
PARKING CONSULTING
ARCHITECTURAL DESIGN
STRUCTURAL DESIGN
MECHANICAL, PLUMBING & ELECTRICAL
LANDSCAPE DESIGN
CIVIL ENGINEERING DESIGN
GEOTECHNICAL INVESTIGATION (SOILS REPORT)
ARCHITECTURAL RENDERINGS
PRINTING & EXPENSES
DEMOLITION OF JUVENILE HALL ALLOWANCE
$47,631 $80,747
BY OWNER BY OWNER
$329,659 $555,075
$30,000
$30,000
$135,800
$149,000
$67,900
$67,900
$29,050
$39,730
$18,850
$5,000
$34,829
$52,269
$8,200
$8,200
$14,000
$14,000
$13,000
$13,000
$126,000
$117,980
CONSTRUCTION PHASE
"** CONSTRUCTION MANAGEMENT FEE $125,000 $337,612
TESTING & INSPECTION ALLOWANCE $50,000 $25,445
GRAND TOTAL $5,792,060 $8,772,632
See attached Exhibit 4.
"* See attached Exhibit 3.
*** Fee includes 4% on original contract scope increases as wells as 2% of work
to be performed by Howard S. Wright.
Page 2 41
CITY COUNCIL
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Exhibit 4
CURRRENT
PARKING CONTROLS
BUDGET
PARKING CONTROLS
$764,244
SURVEY
BY HSW
REMOVE & DELIVER PARKING BOOTHS
BY HSW
DEMO PARKING MEDIAN
BY HSW
REMOVE TREES @ CONTROLS ISLAND
BY HSW
SALVAGE LIGHT POLES
BY HSW
SAWCUT & TRENCH
BY HSW
FINE GRADE @ NEW TICKET ISLANDS
BY HSW
NEW TRAFFIC LOOPS
$2,000
ASPHALT PATCHING & PAVING
BY HSW
SKI DATA CURBS & ISLANDS
BY HSW
2" CONTROL CONDUIT
BY HSW
110V UNDERGROUND ELECTRICAL CONDUIT & WIRE
BY HSW
LINE VOLTAGE TERMINATIONS
$1,200
DEPUTY INSPECTION COSTS
$2,500
SIGNAGE
$10,000
TECHNICAL COORDINATION & BIDDING
$6,000
CONTINGENCY
$30,000
GENERAL CONDITIONS
$10,392
SUBTOTAL
$826,336
GENERAL LIABILITY INSURANCE IN GARAGE
MANAGEMENT FEE IN GARAGE
GRAND TOTAL $826,336
F-3m
A 210mo L" I ORMAN A I L*1 N IN"
Council discussion ensued on this issue. Councilmember Martinez moved
to continue the item two weeks to allow time to review the plans; she
raised concern about the cost of the landscape around the perimeter of
the parking lot. Francisco Gutierrez, Executive Director of the Finance
and Management Services Agency noted that the interest component
currently calculated at the rate of 4.71 % per annurn may change in two
weeks. Mayor Pro Tern Alvarez recommended that the landscape
element be removed from the contract and continued two weeks, and that
the remaining items in the contract be approved and the resolutions
amended to provide financing not to exceed $8,470,000.
Motion: 1. Direct the City Attorney to prepare and authorize the City Manager
and Clerk of the Council to execute an agreement as amended to
delete the landscape hardscape in the amount of $1,1000,000 and
continue that portion of the agreement two weeks for further
consideration.
AGMT NO. 2007-056 — PROGRAM MANAGEMENT SERVICES -
Execute a third amendment to agreement with Gordon & Williams, Inc.,
in the amount of $2.26 million for a total contract in the amount of $8.26
million — Public Works Agency
2. Adopt a resolution as amended. r"
RESOLUTION NO. 2007-025 — A resolution of the City Council of tfie'�"' I ri, No 1\6
City of Santa Ana authorizing and directing the execution of certain
lease financing documents and authorizing and directing certain actions
with respect thereto
MOTION: Alvarez
SECOND: Tinajero
Alvarez, Benavides, Bustamante, Martinez,
Pulido, Sarmiento, Tinajero (7)
None (0)
None (0)
None (0)
CITY COUNCIL MINUTES 101 MARCH 5,2007
,REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MARCH 5, 2007
TITLE;
CONTRACT AMENDMENTS FOR
THE CITY HALL PARKING GARAGE
CITY MANAGER
RECOMMENDED ACTION
CITY COUNCIL ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1" Reading
❑ Ordinance on 2"d Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
1.Direct the City Attorney to prepare and authorize the City Manager
and Clerk of the Council to execute a third amendment to the
Professional services agreement with Gordon & Williams, Inc. in the
amount of $3.36 million for a total contract in the amount of $9.36
million to provide program management services for construction of
the parking structure in front of City Hall.
2.Adopt a resolution authorizing and directing the execution of
certain lease financing documents related to construction of the
parking garage, and authorizing and directing certain actions with
respect thereto.
SANTA ANA FINANCING AUTHORITY ACTION
Adopt a resolution authorizing and directing the execution of certain
lease financing documents related to construction of the parking garage,
and authorizing and directing certain actions with respect thereto.
DISCUSSION
On June 20, 2005, the City Council approved a purchase and sale agreement
with the State of California for the sale of the property on the
northwest corner of Santa Ana ,Boulevard and Ross Street, for the new
Fourth District Court of Appeal. The City agreed to the demolition of
the vacant jail facility and the preparation of the site for the State
Contracts Amendments for
The City Hall Parking Garage
March 5, 2007
Page 2
funded construction of the courthouse. The City also agreed to construct
a 300 space parking structure in front of City Hall.
With construction of the new parking structure nearing completion, a
review of all pre -architectural design elements relating to the new State
Appellate Court and surrounding site was initiated. It was determined
that in order to maintain a consistent level of design and provide a
welcoming experience for all visitors and Civic Center employees an
upgrade to the approximately 50 year infrastructure surrounding the
parking structure is required.
The proposed improvements would incorporate a redesigned entry into the
Civic Center parking area as well as new hardscape, landscaping, and
security lighting surrounding the new parking structure. In addition, a
new plaza entrance between the parking structure and City Hall would be
developed as well as revamping ADA access to the Council Chambers for
visitors. Finally, the State's final design provides for additional
improvements which includes security fencing; and the County has
requested that a new electronic entry system be incorporated within the
new entry design. The County has committed to reimbursing the City
$885,000 for the new the entry system.
In order to fund the additional project costs as well as any escalated
material costs, the original lender (All Points Capital) was contacted to
evaluate different options. The recommended financing option would
supplant the first bond allowance of $5.9 million with a new bond
totaling $8.47 million. Since interest rates have increased from the
original financing term of 4.71% to 4.9596, All Points Capital has agreed
to maintain the favorable terms under the first financing by providing a
blended rate of 4.78%. The new rate would reflect the same total payment
as if the City would have selected to maintain two distinct bonds. Total
annual payments would increase from $475,000 to approximately $680,000
under the new financing terms.
It is anticipated that the parking garage will be completed in early
March 2007 with the site work completed by June 2007. The State plans to
begin construction of the courthouse facility by late summer 2007 and
move the court personnel into their new permanent home in the Santa Ana
Civic Center by the end of 2008.
FISCAL IMPACT
Funds for construction of the parking garage site work and preparation of
the courthouse development site will be generated from the financing and
will be available in the capital projects account for the Civic Center
Contracts Amendments for
The City Hall Parking Garage
March 5, 2007
Page 3
Parking Structure Project (account no. 51-012-6621, Project No. 2740)and
the Civic Center Improvements Other Than Buildings Fund (account no. 74-
243--6631) .
i
James G. Ross
Executive Director
Public Works Agency
4
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
i
CONSENT CALENDAR
2. Approve an appropriation adjustment. (Requires five affirmative
votes)
APPROPRIATION ADJUSTMENT NO. 07-079 - Recognizing $93,682
in the 2006-2007 FY revenue account for environmental review fee for
the First and Fourth Street Study Area and appropriating $93,682 to
the Planning and Building Agency 2006-2007 FY budget allocation in
the account for contractual services for payment to E I P Associates
25.13, AGMT NO. 2007-058 FLEET MANAGEMENT SOFTWARE AND
SUPPORT SERVICES With Ron Turley Associates, Inc., in the o
exceed $35,000 - Finance & Management Services Agency
Motion: Direct the City Attorney to prepare and authorize the City Manager
and Clerk of the Council to execute agreement
MOTION: Alvarez SECOND: Bustamante
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez,
Pulido, Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
25.E. AGMT NO. 2007-061 - DATA CENTER MAINTENANCE & SUPPORT
SERVICES —With Systems Maintenance Services (SMS) for a three-year
l period with an option for two one-year renewals in an amount not to
J,
exceed $150,000 per vear — Finance & Management Services
25.F. AGMT NO. 2007-062 -�) 7ROGRAM MANAGEMENT
[111..11 .... .. . . ...... . .. I HALL PARKING GARAGE — Execute f urth
& Wilfiarns, Inc. in the amount of million
in the amount of $9.36 million — Publ
ic WorkAgency
SERVICES CITY
amendment with
for a total contract
W", " "
Continued from the March 5, 2007 City Council Meeting by a vote of 7-0
CITY COUNCIL MINUTES
Ill
MARCH 19, 2007
CONSENT CALENDAR
Motion: Direct the City Attorney to prepare and authorize the City Manager
and Cleric of the Council to execute agreement
MOTION: Sarmiento SECOND; Alvarez
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez,
Pulido, Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
25.G. AGMT NO. 2007-063 — FOUNTAIN MAINTENANCE SERVICES -- Execute
a two-year agreement, with three one-year renewal options, with
Deckside Pool Service in an annual amount not to exceed
$83,250 — Parks, Recreation & Community Services
25.H. AGMTS — PURCHASE AGREEMENTS BRISTOL STREET CORRIDOR
(PROJECT 06-1500) — PUBLIC WORKS AGENCY
Motion: Direct the City Attorney to prepare and authorize the City Manager
and Clerk of the Council to execute agreements.
AGMT NO. 2007-064 — With Eduarda Yantuche for the purchase of
the residential property located at 720 S. Bristol in the amount of
$620,000;
■ AGMT NO. 2007-065 — With Panagon Family LTD Partnership for
the purchase of the residential property located at 814 S. Bristol in
the amount of $610,000;
■ AGMT NO. 2007-066 — With Retha A. Luckey for the purchase of
the residential property located at 1306 W. Rayrnar in the amount of
$630,000;
■ AGMT NO. 2007-067 — With Alejandro Ramos for the purchase of
the residential property located at 1301 W. Richland in the amount
of $600,000;
■ AGMT NO. 2007-068 — With Julio and Leticia Rivera for the
purchase of the residential property located at 1302 Willits in the
amount of $640,000;
AGMT NO
residential
$565,000;
2007-069 -- With Valentina Ruiz for the purchase of the
property located at 430 S. Bristol in the amount of
CITY COUNCIL MINUTES 112 MARCH 19, 2007
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MARCH 19, 2007
CLERK OF COUNCIL. USE ONLY:
TITLE: APPROVED
CONTRACT AMNAMFNT FOR ❑ As Recommended
THE CITY HALL PARKING GARAGE ❑ As Amended
❑ Ordinance on I" Reading
I� Ordinance on 2Id beading
D Implementing Resolution
} ❑ Set Public Bearing For
CONTINUED TO
FILE NUMBER
`RECOMMENDED ACTION
Direct the City Attorney to prepare and authorize the City Manager and
Clerk of the Council to execute a fourth amendment to the professional
services agreement with Gordon & Williams, Inc. in the amount of $1.1
million for a total contract in the amount of $9.36 million to provide
program management services for construction of the parking structure in
front of City Hall.
DISCUSSION
On March 5, 2007 the City Council approved an amendment to the program
management agreement with Gordon & Williams and a financing mechanism for
additional costs associated with the parking structure in front of City
Hall. Although the City Council authorized the additional funding for
the work, further information on the proposed site improvements in the
City Hail parking lot was requested.
The proposed site improvements include the construction of new pavement,
curbs, gutters, sidewalk, landscaping, irrigation and lighting (Exhibit
1). Also included is a new pedestrian plaza between City Hall and the
proposed parking structure. The sidewalk improvements increase ADA
accessibility throughout the parking lot, including the route to City
Hall and Council Chambers.
Staff recommends approval of the additional $1..1 million to implement the
landscaping and hardscape improvements.
2Fr1
Contract Amendment for
The City Hall. Parking Garage
March 19, 2007
Page 2
FISCAL IMPACT
Funds for construction of the parking garage and preparation of the
courthouse development site will be generated from the financing and
available in the capital projects account for the Civic Center Parking
Structure Project (account no. 51.-012-6621., Project No 2740) .
k\ James G. Ross
xecutive Director
Public Works Agency
APPROVED AS TO FUNDS AND ACCOUNTS;
Francisco Gutierre
Executive Director
Finance & Management Services Agency.-
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CHECKLIST FOR PROCESSING AGREEM�NT AMENDMENTS
'111" 15
TO: CLERK OF THE COUNCIL OFFICE
IL
OP:
FROM: DEPT.: i-AMd"(0- G, ('4F
... ..... . ....
"LST
AU CONTACT PERSON I"
...... . .......
THE FOLLOWING ITEMS SHOULD BE PROVIDED IN REQUESTING PROCESSING OF AGREEMENTS FOR THE CITY:
AGREEMENT NUMBER (if amendment
(=6) N
AMENDMENT NUMBER (if applicable): Ei 1ST El 2 ND 3 RD ❑
AMOUNT: R OVER $ 10, 000 Ei UNDER $10,000
NAME OF CONSULTANT:
2) TERMINATION DATE:
TERM OF AGREEMENT: EFFECTIVE DATE: ('
INSURANCE REQUIRED: NO
IROES If yes, )911" ATTACHED 0 IN PROGRESS
o AUTO n CGIL (Commercial General Liability)
Ej PROFESSIONAL LIABILITY 0 WORKERS COMPENSATION
(INS. APPROVAL REQUIRED BY CAO PRIOR TO SUBMITTING TO COTC)
SIGNATURES REQUIRED:
El VENDOR AGENCY (UNDER $10,000)
CITY ATTORNEY OTHER WK) I t,3,
w.
COMMENTS:
I A 11, J"% I A
El DO NOT PROCESS
• MISSING SIGNATURES
• NEEDS COUNCIL APPROVAL
0 OTHER
Y