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HomeMy WebLinkAbout93-004 De Anza Boulevard Widening Stevens Creek to Alves 93-004 DE ANZA BOULEVARD WIDENING STEVENS CREEK TO ALVES CITY OF(--UPERTINO WTlERDEPARTMENTAL Date FEE. S. 1993 To CITY CLERK From PUBLIC WORKS--SUNI C] Information MESSAGE: DE ANZA BOULEVARD WIDEIIING--STEVENS CREEK TO ALVES C Implement E14GI1IEERING SERVICES—KIER & WRIGHT (INFORMAL) ❑ Investigate ❑ Discuss ❑ See me —TRANSMITTED FOR YOUR FILES IS A FULLY EXECUTED COPY OF AGREEMENT ® Reply FOR CONSULTANT SERVICES. Sm attach. Reply: SIGNED: DATE Forward part 1 Retain part 2 ACCOUNT NO. 120--9405-953 j C tffRACT AMA 40, 000 PURCHASE ORDER NO. AGREEKENr 026033 THIS AGRE04ENf, made and entered into this 4th day of January, 1993, by and between the CITY OF CUPEFCMM, a municipal corporation of California, hereinafter referred to as "CITY", and Kier and Wright, a contractor with offices at 3350 Scott Blvd., Bldg 22, Santa Clara, CA 95054, hereinafter referred to as "CONI'RACPOR"; W I T N E S S E T H: *M�ZAS, CITY desires to retain services in conjunction with De Anza Blvd. Widening, Project 93-9405; and N�REA.S, CITY desires to engage CONnMCZOR to provide these services by reason of its qualifications and experience for performing such services, and CONI'RACPOR has offered to provide the required services on the terms arm in the manner set forth herein; NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto agree as follows: 1. DEFINYTIONS. (a) The word "City" as used in this agreement shall mean and include all the territory lying within the municipal boundaries of the City of Cupertino, California, as presently existing, plus all territory which may be added thereto during the term of this agreement by annexation or otherwise. (b) The term "City Manager" shall mean the duly appointed City Manager of the City of Ct4)ertino, California, or his designated representative. (c) The term "City Attorney" shall mean the duly appointed City Attorney of the City of Cupertino, California, or his designated representative. (d) The term "City Clerk" shall mean the duly appointed City Clerk of the City of Cupertino, California, or his designated representative. 2. PROJECT CXIORDINATION. 0 (a) City. The City Manager shall be representative of CITY for all purposes under this agreement. Bert J. Viskovich hereby is designated as the PRC►TDC`T MANAGER for the City Manager, and he shall supervise the progress and execution of this agreement. -1- • a' ACCOUNT NO. 120-9405-953 CONTRACT AMOJNfi $40,000 PURCHASE ORDER NO. AGREEMENT' THIS AGREMNP, made and entered into this 4th day of January, 1993, by and between tl:e CITY OF CUPERT'1N0, a municipal corporation of California, hereinafter referred to as 11CM11, and Kier and Wright, a contractor with offices at 3350 Scott Blvd., Bldg 22, Santa Clara, CA 95054, hereinafter referred to as 1100NMACPOR11; W I T N E S S E T H: WHEREAS, CITY desires to retain services in conjunction with De Anza Blvd. Widening, Project 93-9405; and WHEREAS, CITY desires to engage C7OMRAC'POR to provide these services by reason of its qualifications and experience for performing such ser-v.•ices, and CONTRACTOR has offered to provide the required services on the terms and in the manner set forth herein; NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto agree as follows: 1. DEFINITIONS. (a) he word "City" as used in this agreement shall mean and include all the territory lying within the municipal boundaries of the City of rupertino, California, as presently existing, plus all territory which may be added thereto during the term of this agreement by annexation or otherwise. (b) The term "City Manager" shall mean the duly appointed City Manager of the City of Cupertino, California, or his designated representative. (c) The term "City Attorney" shall mean the duly appointed City Attorney of the City of Cupertino, California, or his designated representative. (d) The term "City Clerk" shall mean the duly appointed City Clerk of the City of Cupertino, California, or his designated representative. 2. PROJECT CDORDINATION. 0 (a) City The City Manager shall be representative of CITY for all purposes under this agreement. Bert J. Viskovich hereby is designated as the PROJECT MANAGER for the City Manager, and he shall supervise the progress and execution of this agreement. -1- (b) Contractor. CONTRACTOR shall assign a single PRWWr DIRECTOR to have overall responsibility for the progress and execution of this agreement for CONTRACIOR. Richard Kier hereby is designated as the PROAJECT DIRECTOR FOR CONTRACTOR. should circumstances or conditions subsequent to the execution of this agreement require a substitute PTATEC.' DIRECIOR for any reason, the PRU7mCT DIREMOR designee shall be subject to the prior written acceptance and approval of the PRWBCr MANAGER 3. DUrIE:S OF t70NIRACr0R. (a) Services to be Furnished. (IONIRACYOR shall provide all specified services as set forth below and in accordance with the attached proposal, Rdiibit "A": (1) Obtain title reports, right of way and easement appraisals, and prepare plats and legal descriptions. (2) Prepare landscape plans and perform topographic and utility surveys in order to facilitate the design and preparation of final plains and specifications of which (25) sets will be furnished. (3) Provide all construction administration which would include coordination with the City and the contractor as questions may arise in the field. Furnish all survey staking for rough ana finish grades. (b) Laws to be Observed. CONTRACTOR shall: (1) Procure all permits and licenses, pay all charges and fees, and give all notices which may be necessary and incidem to the due and lawful prosecution of the services to be performed by CONTRACTOR under this agreement; (2) Keep itself fully informed of all existing and future federal, state, and local laws, ordinances, regulations, orders, and decrees which may affect those engaged or employed under this agreement, any materials used in CON RACIOR's performance under this agreement, or the conduct of the services under this agreement; (3) At all times observe and ecuply with, and cause all of its subcontractors and employees, if any, to observe and comply with, all of said laws, ordinances, regulations, orders, and decrees mentioned above; (4) Immediately report to the PRA= MANAGER in writing any discrepancy or inconsistency it discovers in said laws, ordinances, regulations, orders, and decrees mentioned above in relation to any plans, drawing, specifications, or provisions of this agreement. (c) Release of Reports and Information. Any reports, information, data, or other material given to, or prepared or assembled by, OONIRACIOR or its subcontractors, if any, under this agreement shall be the property of CITY and shall not be wade available to any individual or organization by CONTRACTOR or its subcontractors, if any, without the prior written approval of the City Manager. -2- (d) Copies of Reports and Information. if CITY requests additional copies of reports, drawings, sp i if cations or airy other material which cDNIRACXCmR is required to furnish in limited qua,itities a Part of the services under this agreement, OWMCM shall provide such additional copies as are requested and CITY shall cogensate MURA= for the costs of duplicating of such copies at OONI'RACMR$s cost. (e) Final Report. CONTRALM. R shall provide CITY with twenty-five (25) copies of the final report required under this agreement upon completion and acceptance of the report by CITY. (f) Qualifications of Contractor. (XXT 2ACMR represents that it is qualified to furnish the services described under this agreement. As evidence thereof, ODVMCIIMR warrants that one or mire members or employees of the firm are licensed Professional Civil. Engineers by the State of California and that the services to be provided under this agreement will be performed by them or under their supervision. 4. COMPENSATION. For the full performance of the services described i tere�h by CONTRACTOR, c'ITY shall pay OONI'RACTROR a total sum not to exceed Forty Thousand Dollars ($40,000) , payable upon submission by OONI!RACMR of its itemized billings in triplicate, in accordance with the following fee schedule. 5. DUNES OF CITY. City shall provide all specified services as set forth below: (a) All :information available in City records. (b) Preliminary design criteria, alternative to the attached preliminary alignment will be discussed. (c) A.?1 necessary provisions for the Engineer to enter upon public and private property as required in the performance of his services under this agreement. (d) Environmental impact clearance, if required. (e) Review of preliminary plans, specifications, estimates and other documents presented by the Engineer and rendered decisions ui writing within a reasonable time. Give prompt written notice to Engineer at any time City observes or otherwise becomes aware of any error, omission, or defect in the project. (f) City Standard Details. (g) General Provisions for Specifications. (h) The City will administer the bidding process. 6. TEM4. This agreement shall continue in full force and effect until terms ated as provided herein. -3- 7. TEMP0RARY SUSPENSION. The City Manager shali have the authority to suspend this agreement, wholly or in part, for such period as he deems ne msz�aiy due to unfavorable conditions or to the failure on the part of the CXXMAC 0R to perform any provision of this agreement. 8. E}=SION OF TERM. In the event that the services called for under this agreement are not completed within the time specified above, the City Manager shall have the option to extend the time for completion. This paragraph does not preclude the recovery of damages for delay by either party. 9. SUSPENSION; TEIMIMTION. (a) Right to Suspez-d or Tn..xmi.nate. Either party may suspend or terminate this agreement for any reason by giving thirty (30) days written notice. Upon receipt of such notice, COATIRA(M-- R shall immediately discontinue his performance under this agreement. (b) Payment• Upon such suspension or termination, CDNTRACTOR shall bn paid For all services actually rendexed to CITY to the date of such suspension or termination; provided, however, if this agreement is suspended or terminatad for fault of CONTRACTOR, CITY shall be obligated to compensate CONTRACTOR only for that portion of CDNTRA(.il7R'S services which are of benefit to CITY. (c) Return of Materials. Upon such suspension or termination, C0N RACIOR shall turn over to the City Manager imi;iediately any and all copies of studies, sketches, drawings, canputations, and other data, whether or not completed, prepared by CDNTRACMR or its subcontractors, if any, or given to CDNrj.<ACMR or its subcontractors, if any, in connection with this agreement. Such materials shall become the permanent property of CITY. CONTRACTOR, however, shall not be liable for CITY's use of inLx plete materials or for CITY's use of eo nplete documents if used for other than the project contemplated by this agreement. 10. INSPECTION. CONTRACTOR shall furnish CITY with every reasonable Opportunity for CITY to ascertain that thf- services of CONTRACTOR are being performed in accordance with the requirements and intentions of this agreEmnent. All work done and all materials furnished, if any, shall be subject to the PROJECT MANAGER's inspection and approval. The inspection of such work shall not relieve CON.PRACI'OR of any of its obligations to fulfill its agreement as prescribed. 11. INDLPENDENT JUDGMENT. Failure of CITY to agree with CON RACMR'S independent findings, conclusions, or recommendations, if the same are called for under this agreement, on the basis of difference in matters of judgment shall not be construed as a failure on the part of ODNTRACrOR to meet the requirements of this agreement. 12. ASSIGNMENT; SUBCONIRACMRS; EMPLOYEES. (a) Assigrnnent, Both parties shall give their personal attention to the faithful perfoYznance of this agreement and shall not assign, transfer, convey, or otherwise dispose of this agreement or any right, title, or interest in or to the same or any part thereof without the prior written consent of the other party, and then only subject to -4- such term and conditions as the other party may require. A consent to one assignment shall not be deed to be a consent to any subsequent assignment. Any assignment without such approval shall be void and, at the option of the other party, shall terminate this agreement and any license or privilege granted herein. This agreement and any it herein shall riot be assignable by operation of law without the prior written consent of the other party. (b) Subcontractors; Fhployees. CONl'RACIUR shall be responsible for employing or engaging all parsons recessary to perform the services of CONTRACTOR hereunder. No subcontractor of CONTRACTOR will be reoognized by CITY as such; rather, all subcontractors are deemed to be employees of CONTRACTOR, and it agrees to be responsible for their performance. COO TRACTOR shall give its personal attention to the fulfillment of the provisions of this agreement by all of its employees and subcontractors, if arry, and shall keep the work under its control. If any employee or subcontractor of CONTRACTOR fails or refuses to carry out the provisions of this agreement or appears to be incompetent or to act in a disorderly or improper manner, he shall be discharged immadiately from the work under this agreement on demand of the PROJECT MANAGER. 13. NOTICES. All notices hereunder shall be given in writing and mailed, postage prepaid, by certified mail, addressed as follows: TO CITY: office of the City Clerk 10300 Torre Avenue Cupertino, CA 95014 TO CONTRACTOR: Attention of the PROJ= DIRFY'IOR at the address of CONTRACIOR recited above. 14. INIUZWT OF CONTRACTOR. CONTRACTOR covenants that it presently has no interest, and shall not acxp re any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services hereunder. CONTRACTOR further covenants that, in the performance of this agreement, no subcontractor or person having such an interest shall be employed. CONTRACTOR certifies that no one who has or will have any financial interest under this agreement is an officer or employee of CITY. It is expressly agreed that, in the performance of the services hereunder, CONI'RACIOR shall at all times be deemed an independent contractor and not an agent or employee of CITY. 15. IN0EMNITY. CONTRACTOR hereby agrees to indemnify and save harmless CITYCITY 11, tsts officers, agents, and employees of and from: (a) Any and all claims and demands which may be made against CITY, its officers, agents, or eaployees by reason of any injury to or death of any person or damage suffered or sustained by any person or corporation caused by, or alleged to have been caused by, any act or mission, negligent or otherwise, of OURMACIOR or any subcontractor under this agreement or of CONTRACTOR'S or any subcontractor's employees or agents; (b) Any and all damage to or destruction of the property of CITY its offirors.. agents, or employees occupied or used by or in the care, -5- custody, or control of CONTRACIOR, or in proximity to the site of CONIRACIOR'S work, caused by any act or omission, negligent or otherwise, of CONTRACTOR or any subcontractor under this agreement or of CONIRACIMIS or any subcontractor's employees or agents. (c) Any and all claims and demands which may be made against CITY, its officers, agents, or employees by reason of any injury to or death_ of or damage suffered or sustained by any employee or agent of CONTRACTOR or any subcontractor under this agreement, however caused, excepting, however, any such claims and demands which are the result of the sole negligence or willful misconduct of CITY, its officers, agents, or employees; (d) Any and all claims and demands which may be made against CITY, its officers, agents, or employees by reason of any infringement or alleged infringement of any, patent rights or claims caused or alleged to have been caused by the use of any apparatus, appliance, or materials furnished i.y OONTRACIOR or any subcontractor under this agreement; and (e) Any and all penalties imposed or damages sought on accc mt of the violation of any law or regulation or of any term or condition of any permit. CONTRACTOR, at its own cost, expense, and risk, shall defend any and all suits, actions, or other legal proceedings that may be brought or instituted by third persons against CITY, its officers, agents, or employees on any of the above claims or demands of such third persons, or to enforce any of the above penalties, and pay and satisfy any judgment or decree that may be rendered against CITY, its officers, agents, or employees in any such suit, action, or other legal proceedings, 16. WORKERS' COMPENSATION. CONTRACTOR certifies that it is aware of the provisions of the Labor Code of the State of California which require every employer to be insured against liability for workers' compensation or to undertake self--insurance in acjcordanee with the provisions of that code, and it certifies that it will comply with such provisions before commencing the performance of the work of this agreement. 17. INSURANCE. CONTRACTOR, at its sole cost and expense, shall obtain and ma�intazn in full force and effect throughout the entire term of this agreement the insurance coverage of at least a "B" rating as determined in accordance with the insurance industry standard, insuring not only CONTRACTOR, but also (with the exception of workers' compensation and employer's liability insurance) , CITY, its officers, agents, and employees, and each of them with respect to activities and services performed by CONTRACTOR for oi� on behalf of CITY under the provisions of this agreement. Certificates of such insurance, preferably on the forms provided by CITY, shall be filed with CITY concurrently with the execution of this agreement or, with CITY's approval, within ten (10) days thereafter. said certificates shall be subject to the approval of the City Attorney and shall contain an endorsement stating that said insurance is primary coverage and will not be cancelled or altered by the insurer except after filing with the City Clerk thirty (30) days' written notice of such cancellation or alteration, and that the Cit y of Cupertino is named as an additional insured. -6- Current certificates of such insurance shall be kept on file at all times during the term of this agreement with the City Clerk. 18. AGREEwT BINDING. The terms, Covenant, and conditions of this agreement shall apply to, and shall bind, the heirs, successors, executors, administrators, assigns, and subcontractors of both parties. 19. hTAIVERS. The waiver by either party of any breach or violation, of any term, Covenant, or condition of this agreement or any provision, ordinance, or law shall not be deemed to be a waiver of any other term, covenant, Condition, ordinance, or law or or any subsequent breach or violation of the same or of any other term, covena,-lt, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, Covenant, or condition of this agreement or of any applicable law or ordinance. 20. COSTS AND ATIORNEYS FPS. The prevailing party in any action brought to enforce the terms of this agreement or arising out of this agreement may recover its reasonable costs and attorneys' fees expended in connection with such an action from the other party. 21. NONDISCP.IMINATION_. No discrimination shall be mace in the employment of persons under this agreement because of the race, Color, national origin, ancestry, religion or sex of such person. If the value of this agreement is, or may be, Five Thousand Dollars ($5;000) or more, CONTRACTOR agrees to meet all requirements of the Cupertino Municipal Code per`o.aining to nondiscrimination in employment and to complete and sutudt the "Compliance Report - Nor iiscrir.,imtion Provisions of City of Cupertino Contracts" on the form furnished by CITY. If CONTRACTOR is found in violation of the nondiscrimination provisions of the State of California Fair Employment Practices Act or similar provisions of federal law or executive order in the performance of this agreement, it shall thereby be found in material breach of this agreement. Thereupon, CITY shall have the power to cancel or suspend this agreement, in whole or in part, or to deduct from the amount payable to CONTRACTOR the sum of Twenty-five Dollars ($25) for each person for each calendar day during which said person was discriminated against, as damages for said breach of Contract, or berth. only a finding of the State of California Fair Employment Practices Commission or the equivalent federal agency or officer shall constitute evidence of a violation of contract under this paragraph. If. OONTRACIOR is found in violation of the nondiscrimination provisions of this agreement or the applicable affirmative action guidelines pertaining to this agreement, CONTRACTOR shall be found in material breach of this agreement. Thereupon, CITY shall have the power to cancel or suspend this agreement, in whole or in part, or to deduct from the amount payable to COMRACTOR the sum of Two Hundred Fifty Dollars ($250) for each calendar day during which CONTRACTOR is found to have been in such noncompliance as damages for said breach of contract, or both. 22. AGREEmE yr OONrAINS Am uwmsrANDims. This document represents the entire and integrated agreement between CITY and CMMMCIOR and supersedes all prior negotiations, representations, or agreements, either written or oral. -7- ALL-PURPOSE ACKNOWLEDGMENT NOM State of i nNiN CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL(S) -+ County Of --'I4NTT4 L�/4Lil (%CORPORATE On / before me, Z clsyA /� pN f✓�rA; `�',Z3�/ DA OFFICER(S) E NAME.TITLE F OFFICER-E.G.'JAN DOE.NOTA PUBLIC" TITLES) ❑ PARTNEFt(S) personally appeared / 1 ❑ ATTORNEY-IN-FACT NAMES)OF SIGNERS) ❑ TRUSTEE(S) personally known to me-OR- ❑ proved to me on the basis of satisfactory evidence ❑ SUBSCRIBING WITNESS to be the pe-on(s) whose name(s) is/are LORNA J.w..ACDONAGH subscribed to the within instrument and ac- ❑ GUARDIAN/CONSERVATOR .� COMM.*%19)3 Z knowledged to me that he/she/they executed ❑ OTHER: i Notay Public-Contomi® the same in his/her/their authorized SANTA CLARA COUNTY -- _ RAVCOmm.Expires DEC 27,1996 capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), — orthe entity upon behalf of which the person(s) SIGNER IS REPRESENTING: acted, executed the instrument. NAME OF PEf.SON(S)OR ENTITY(IES) Witness my hand and official seal. 'e��" -- �' GNATURE OF NOTARY ATTENTION NOTARY:Although the information requested bH;Iow is OPTIONAL,it could Pr t traudutent attachment of this certificate to unauthorized documant. LTHIS CERTIFICATE Title or Type of Document Q� , �,1�r ��_2- )F-, .,v z/-) PV/PC-^//,V e.;- UST BE ATTACHED THE DOCUMENT Number of Pages S Date of DocumentSCRIBED AT RIGHT: Signer(s)Other Than Named Above r C'� rL C�c..� '- , '4� C 1991 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.•P.O.Box 7184•Canoga Park:CA 304-7184 `This document may be amemd only by written inst-wnent, signed by bath CITY and QONTRACIOR. All provisiOM of this agreement are expressl ► made conditions. niis agreawnt shall be governed by the laws of the State of California. IN WrMES.S WMWF, CM and COd+CIOt.M have exeicuted this agreement th day and year first above written. ATTEST: CITY OF CUPF3U'II�w City Clerk APPROVED AS TO FURM: f r• ty Attorney s Name Richard T. Kier, President i e 3350 Scott Blvd. , B dg. 22.. Santa Clara, CA 95054 Address 408-727-6665 Telephone -8- PUBLIC WORKS � k �' EXHIBIT A KIER 6 WRIGHT Civil Engineers I surveyors. Inc. December 11, 1992 1 Bert Viskovich Director of :Public Works City of Cupertino 1.0300 Torre Cupertino, CA 95014-3255 RE: DeAnza Boulevard Street Improvements Project 93-9405 Dear Bert: As requested in your letter dated November 18, regarding Re- quest for Proposals for engineering services for the widen- ing of DeAnza Boulevard, we would like to offer the follow- ing proposal. We propose to furnish all the requested services as outlined in your letter in item numbers 1 through 7 for a fee of $40, 000. 00. The scope of the services included below are a general description of items which are more detailed in your letter of Ncvember 18. Scope of services 1. Obtaining title reports. 2. Obtain right-of-way and easement appraisals and preparation of plats and legal descriptions. 3 . Preparation of landscape plans for isiw or modification to existing landscaping and sidewalk- facilities. 4 . Perform detailed topographic and utility survey in the area of the new construction. 5. Preparation of preliminary project design including review by the city and property owners affected. 6. Preparation of final plans and specifications and bid- ding documents, including furnishing 25 sets of plans and specifications. 7. Construction administration which would include coor- dination with the city and the contractor as questions may arise in the field. 3350 Scott Boulevard, Building 22 0 Santa Clara, California 95054 9 (408) 727-6665 9 FAX (408) 727-5641 Mr. Bert Viskovich December 11, 1992 Page Two 8. Furnishing one set of stakes for rough grading, finish grading, utility vaults and structures that need to be relocated or installed as required by the new construc- tion. In preparing this proposal I spoke with Glenn Grigg regard- ing traffic signal and street light design. He said his staff would assist us in the design of traffic sig- nal and street light modifications. I would like to remind you of the various projects that we have been involved with the City of Cupertino especially on DeAnza Boulevard over the years, which would make Kier & Wright well suited to complete this last unfinished portion of the Boulevard. In 1976 we were the project engineers on the DeAnza Boulevard Assessment District which included the construc- tion of the median islands and widening of DeAnza Boulevard between Highway 280 and Lazaneo Drive. In 1980 we prepared the plans and specifications for the in- stallation and modification of median islands on DeAnza Boulevard from Stevens Creek Boulevard to Bollinger Road. In 1985 we prepared the plans and specifications for widen- ing the south side of Stevens Creek Boulevard at DeAnza Boulevard and the widening; of DeAnza Boulevard from Stevens Creek to Bollinger Road with extensive on-site modifications to the adjacent sites on both the east and west side of DeAnza Boulevard. As you are aware we are presently preparing the plans and specifications for the widening of the DeAnza Boulevard bridge over Highway 280 and additional widening of DeAnza Boulevard between Highway 280 and Mariani Avenue. In your request for proposal it was noted that you wanted to have the project ready to bid this spring. That may tie into the schedule of our proposed bidding of the DeAnza bridge project. By bidding this project as a separate schedule of work with the DeAnza Bridge Project, you would get more competitive prices by economy of scale of a larger project, if that would fit into the overall scheme of things. a • Mr. Bert Viskovich December 11, 1992 Page Three In your Addendum No. 1 you requested a work schedule delineating the phases of the design. The following schedule assumes that the city will award the design contract to the project consultant by December 18. With that in mind the following is our schedule for phases of the project. 1. Completion of the topographic and utility survey. January 15, 1993 2 . Preparation of preliminary design plans for review with the city and property owners. February 15, 1993 3. Completion of final plans and specifications ready for bid. April 1, 1993 The above schedule is assuming that there are no delays in land acquisition or CalTrans permit processing and approval. Kier & Wright is looking forward to working with you on this project and would be glad to meet and discuss this proposal with you in detail at your convenience. If you have any questions, please feel free to give me a call. Sincerely, KIER & WRIGHT Richard T. Kier. RTK/ljm