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Home My WebLink AboutC-1849Co - AMENDMENT NO. 7 TO TRAFFIC SIGNAL MAINTENANCE SERVICES CONTRACT BY AND BETWEEN THE CITY OF ARCADIA AND REPUBLIC ITS This Amendment No. 7 ( "Amendment') is hereby entered into by and between the City of Arcadia, a municipal corporation of the State of California, and Republic ITS with respect to that certain Agreement between the parties dated April 11, 2002 ( "Agreement'). The parties agree as follows: 1. The term of the Agreement is extended to and including September 18, 2009. 2. For the period of the extension of the Contract, the total compensation payable by the City to the Contractor shall not exceed One Hundred Five Thousand Dollars ($105,000.00), which reflects a cost of living adjustment of 3.0 %. 3. Special Provisions (page SP -1) Section 12.01 shall be amended with the following language: 12.01 The purpose of these specifications is to provide extraordinary repairs and maintenance on all City owned traffic signals and beacons as directed by the Public Works Services Director or his designee. It shall be the Contractor's responsibility to furnish, at his own expense, all tools, equipment, labor, materials and services necessary for the satisfactory performance of the work set forth in these specifications. All vehicles used by the contractor shall have the company name visible on the vehicle. The logo shall be consistent on all vehicles. Vehicles shall be clean and properly maintained. Uniforms are required. Orange shirts and /or safety vests shall be worn at all times. If the Director or his designee feels that improper clothing is being worn, the supervisor will be instructed to make the necessary changes. 4. Special Provisions (page SP -1 and SP -2) Section 12.04 shall be amended with the following language: 12.04 Description of Work The City reserves the right to change schedules to meet the needs of the City. The intent of these specifications is to prescribe and provide for the complete and finished performance and accomplishment, in every respect, of the entire contemplated work or improvement indicated by the detailed specification; and it shall be understood that the contractor undertaking the execution of all or any 0 0 part of such work or improvement will be required to perform, construct and complete the same in a thorough, satisfactory and workmanlike manner in accordance with the provisions of the specifications, and to furnish and provide in connection therewith all necessary labor, tools, implements, equipment, materials, and supplies except such as may otherwise be specified will be furnished by the City. The Contractor shall accomplish all normal maintenance required under these specifications between the hours of 7:00 a.m. and 5:00 p.m., Monday through Friday. Other exceptions may be made to normal work hours where incidences of use may be to great during the specified hours to allow for proper maintenance. The Director or his representatives may grant, on an individual basis, permission to perform contract maintenance at other hours. No maintenance functions that generate excessive noise, which could cause annoyance to residents of the area, shall be commenced before 7:00 a.m. Any work scheduled shall be reported in writing to the Street Superintendent prior to the work being performed. The Contractor shall conduct the work at all times in a manner which will not interfere with vehicular traffic on adjacent streets or normal pedestrian traffic on adjacent sidewalks. As a minimum, all technicians shall have certification of Level 11 or higher Traffic Signal Technician from the International Municipal Signal Association (IMSA). Skilled laborers can make hardware repairs under the direct supervision of the technician. The City reserves the right at all times to concur with the contractor's assignment of personnel to the City. If appropriate, the contractor shall replace any personnel assigned to the City whose performance is considered unacceptable by the City or the standards established per the proposal. 5. Special Provisions (page SP -2 and SP -3) Section 12.06 shall be amended with the following language: 12.06 NPDES Best Management Practices (BMPS) Contractor shall comply with all federal and state regulations in the development and implementation of BMPs for storm water quality at work locations and develop programs to reduce the discharge of pollutants to the maximum extent practicable (MEP). Wet saw cutting activities could be major contributors to urban runoff pollution. The general intent of the following practices is to insure that all hardscape wastes are property disposed of and do not enter the storm drain system. Therefore, the City, in compliance with State, Federal laws and local ordinances requires the following BMP's: Sandbags shall be placed in front of catch basins in order to prevent any material from washing into the catch basin. Dry material shall be swept up and disposed of properly. Liquids are to be contained and cleaned up with absorbent materials. The City retains the right to require additional BMP's to remain within compliance with regulations as may be developed under the auspices of the Los Angeles County Municipal NPDES Permit. Further information about the use of BMP's and other practices can be obtained by calling Public Works Services at (626) 256 -6554. 0 E 6. Special Provisions (page SP -3) Section 12.07 shall be added with the following language: 12.07 Traffic Control Attention is directed to Section 8.02 Public Safety of the General Provisions. The Contractor shall construct and maintain barricades, lights and /or other safety measures for the control of public traffic at all times during the construction period. The Contractor shall provide graffiti -free construction signs for the duration of the construction. However, if lane closure is needed, the contractor must submit a traffic delineation plan to the City engineer for approval. 7. Special Provisions (page SP -3) Section 12.08 shall be added with the following language: 12.08 Materials Payment for parts or materials shall be at the lowest current wholesale price plus markup percentage stipulated in the Proposal Schedule and shall include all manufacturers' warranties and guarantees furnished for the materials. The duration of the warrantee or guarantee shall be the standard of the industry to include LED's with a minimum of two (2) years from the date of installation. All materials and parts shall be new or have the approval of the Streets Superintendent or his designee. The City has the right to inspect the Contractor's records to verify as reasonable charges any material costs used in extraordinary maintenance. All damaged or replaced material shall be returned to the City of Arcadia Service Center, 11800 Goldring Road, Arcadia California, for the City's use or disposal. Controller units shall not be removed or replaced, without prior approval of the City except in emergencies. 8. Special Provisions (page SP -3) Section 12.09 shall be added with the following language: 12.09 Paintin Twelve (12) signalized intersections shall be painted each contract year during the month of April. This shall include all signal heads, visors, back plates, pre - painted poles and cabinets using State of California specifications for paint or approved equal. Contractor shall notify the City two (2) weeks prior to beginning work. 9. Special Provisions (page SP -3 and SP-4) Section 12.10 shall be added with the following language: 12.10 Maintenance To maintain a twenty -four (24) hour per day emergency service for controller malfunctions or any other damage to the signal system which creates a public hazard. All trucks or service vehicles used in the performance of this 0 0 contract shall be equipped with 2 -way radio dispatch equipment and a cellular phone. The cellular telephone number shall be provided to the City to enhance communication between the City's designee and the contractor's field technician in the course of the prosecution of work identified in this contract. To respond immediately to emergency and routine calls and dispatch qualified personnel and sufficient equipment to the site within a time not to exceed one (1) hour for all emergencies. To provide the City with a written estimate of repairs for traffic signal damage caused by collision or Acts of God. The work estimate shall be submitted within seventy-two (72) hours of the loss and shall include charges for materials, labor and equipment. Performance of approved work shall be paid for as extraordinary maintenance. Contractor shall maintain a twenty -four (24) hour toll free telephone number for contact by the City. All conflict monitors shall be tested during the month of April 10. Special Provisions Section 13 — Routine Maintenance shall be removed and amended with Sections 12.07 through 12.10 listed above. 11. Special Provisions (page SP-4) Section 13.01 shall be amended with the following language: 13.01 Extraordinary Maintenance Malfunction — The failure or malfunction of a traffic signal, street and safety lights may be considered extraordinary maintenance if it is caused by any of the following: A: Acts of God or Natural Disaster B. Civil Disorder C. Vehicle Collision D. Vandalism E. Excavation or resurfacing of the street Temporary or Permanent Repairs — The Contractor agrees to make temporary or permanent repairs to equipment not expressly covered by this agreement when directed by the City. The City shall pay for such repairs as extraordinary according to the labor rates included in this bid. Response Time — The Contractor shall respond within one (1) hour to emergency calls, when directed by the City. Upgrades and Installation — Any minor upgrade work or installation, as directed by the City, shall be paid to the Contractor as extraordinary according to the labor rates included in this bid. 0 12. Special Provisions (page SP -4 and SP -5) Section 13.02 shall be amended with the following language: 13.02 Prosecution of Work In performing extraordinary maintenance, the Contractor shall furnish equivalent stand -by replacement controllers and associated equipment, which is acceptable to the City whenever the original equipment is inoperable. The Contractor shall maintain an inventory of controllers and equipment sufficient to provide adequate and full time service to the City of Arcadia. At no time shall the contractor provide on a temporary basis a controller obtained or "borrowed" from another City of Arcadia intersection. All work must be performed by qualified personnel and with materials of the highest quality furnished by the manufacturers of established reputation and in accordance with the latest Standard Plans and Specifications of the State of California, Department of Transportation. The Contractor shall notify the City twenty -four (24) hours prior of any signal turn -offs or turn -ons. 13. Special Provisions (page SP -5) Section 13.03 shall be amended with the following language: 13.03 Fiber Optic Maintenance The City will be integrating fiber optics into the system gradually and the contractor shall be responsible for repairs to the system on a time and materials basis according to the labor rates included in this bid. 14. Special Provisions (page SP -5) Section 13.04 shall be amended with the following language: 13.04 Cabinet Access The City will be integrating fiber optics into the system gradually and the contractor shall be responsible for repairs to the system on a time and materials basis according to the labor rates included in this bid. 15. Special Provisions (page SP -5 and SP -6) Section 13.07 shall be amended with the following language: 13.07 Traffic Sianal Maintenance Records and Reports Contractor agrees to record any work performed in each controller cabinet showing the date and time work was performed. Contractor further agrees that signal maintenance records will be maintained in accordance with ChapterXVlll. Section 18.07 of the California Division of Hiahwav Maintenance Manual. Office records must include the following data: A. Type and number of signals B. Lighting equipment at each location C. Type and date of listed trouble D. Name of party reporting malfunction E. Name of repair person and the extent of repairs made 0 0 Contractor shall submit a report to the Streets Superintendent in a form approved by the Superintendent, summarizing the work performed. The report is to include an itemization of emergency maintenance performed plus any recommendations the Contractor may have in regards to said services or equipment serviced and shall include the time and date a request for service is received and the time and date the repair was made and completed. City shall pay for such repairs required beyond the scope of routine maintenance as follows: A. Direct Labor Contractor shall present with his invoice a record of hours spent in extraordinary maintenance of traffic signals and appurtenances per intersection. City shall pay the contractor for such hours of extraordinary maintenance at the rates specked on the Contractor's proposal. Said hourly rates shall be the total cost to the City. Amount of hourly wages paid shall be established by the most recent National Electrical Contractor's Association Labor Relations Bulletin to be provided by Contractor. Rates shall include all compensation for wages, profit, overhead, any fringe benefits such as employer payments to, or on behalf of, workers for health and welfare insurance, Worker's Compensation, pension, vacation, sick leave or any local, State, Federal or union tax or assessment. Travel time to and from the City will not be paid. B. Equipment City shall pay Contractor for equipment used in extraordinary maintenance on a job -trip basis rate as specified in the Contractor's bid proposal. The Contractor's listing of job -trip equipment rate shall constitute total rates to be paid by City when specified equipment is used. No additional payments of any kind shall be paid for equipment except as specified on the Contractor's bid proposal for job -trip rates. No additional compensation shall be paid for the transporting of equipment to or from the jobsite. All repairs require prior authorization or approval before the work is performed. Minor repair work may be performed without prior authorization. The contractor shall provide a 24 hour facsimile number that will be used to send and receive work authorization forms. The contractor shall also provide a name and title of the primary contact person that is authorized to dispatch work crews for the prosecution of Extra Work. The name, title and telephone number of this person shall be submitted as part of this bid document. 16. Special Provisions Section 13.05 — In Case of an Earthquake or Rolling Blackout and Section 13.06 — Deteriorated Equipment Report shall be removed and amended with Sections 13.04 and 13.07 listed above. 0 17. Special Provisions (page SP -7) Section 13.09 shall be amended with the following language: 13.09 Timing No change to signal timing shall be made without specific direction of City staff. 18. Special Provisions (page SP -7) Section 13.10 shall be amended with the following language: 13.10 Loop Detector Replacement The City will require the installation of new traffic detector loops as necessary. Once it is determined by the City that a loop detector shall be replaced or a new one installed a written work order shall be prepared and facsimile shall be sent to the contractor. All traffic signal loops shall be installed within two (2) weeks or ten (10) working days of the City's request. The, date of the facsimile shall be used to determine the beginning of the installation period. All loop detectors shall be installed at the bid price stated in the bidding proposal. Temporary timing shall be directed by City staff. Guidelines for temporary timing shall be provided in the event City staff is not readily available for consultation. Permanent timing shall be reset immediately following the installation of the detector loop. 19. All terms and provisions of the Contract not amended by this Amendment . No. 7 are hereby reaffirmed. In witness whereof the parties have executed this Amendment No. 7 on the date set forth below. CITY OF ARCADIA By: T) ice+ t0 -Fc'ry . Donald Penman City Manager Dated: `� �3 , 2008 (SEAL) APPROVED AS TO FORM': �� P 0-6 Stephen P. Deitsch, City Attorney REPUBLIC ITS James A. Wagner (Print name) Vice President of Engineering (Title) Dated: 2008 CO Public Works F 0w.F ° ORIGINAL. AU13— �O .WNI lr llp e � r AMENDMENT NO. 6 TO TRAFFIC SIGNAL MAINTENANCE SERVICES CONTRACT BY AND BETWEEN THE CITY OF ARCADIA AND REPUBLIC ELECTRIC This Amendment No. 6 ( "Amendment No. 6 ") is hereby entered into by and between the City of Arcadia, a municipal corporation of the State _of California, and Republic Electric, a California corporation with respect to that certain Contract between the parties dated April 11, 2002, as heretofore amended ( "Contract "). The parties agree as follows: 1. The term of the Contract is extended to and including September 18, 2008. 2. For the period of the extension of the Contract, the total compensation payable by the City to the Contractor shall not exceed One Hundred Fifty Five Thousand Dollars ($155,000), which reflects a cost of living adjustment of 2.0 %. 3. All of the terms and provisions of the Contract not amended by this Amendment No. 6 are hereby reaffirmed. In witness whereof the parties have executed this Amendment No. 6 on the date set forth below. CITY OF ARCADI By. Me William R. Kelly Date City Manager APPROVED AS TO FORM: Stephen P. Deitsch, City Attorney REPUBLIC ELECTRIC By: :raAuc A INQQn�r (Print n` a,one) V Ei� Y10 n i� (Title) CO 'e ,�z Pat Malloy Public Works Services Director ORIGINAL. � 0" AMENDMENT NO. 5 TO TRAFFIC SIGNAL MAINTENANCE SERVICES CONTRACT BY AND BETWEEN THE CITY OF ARCADIA AND REPUBLIC ELECTRIC This Amendment No. 5 ( "Amendment No. 5 ") is hereby entered into by and between the City of Arcadia, a municipal corporation of the State of California, and Republic Electric, a California corporation with respect to that certain Contract between the parties dated April 11, 2002, as heretofore amended ( "Contract'). The parties agree as follows: 1. The term of the Contract is extended to and including September 18, 2007. 2. For the period of the extension of the Contract, the total compensation payable by the City to the Contractor shall not exceed One Hundred Thirty Thousand Dollars ($130,000), which reflects a cost of living adjustmentof 2.5 %u. 3. All of the terms and provisions of the Contract not amended by this, Amendment No. 5 are hereby reaffirmed. In witness whereof the parties have executed this Amendment No. 5 on the date set forth below. CITY OF ARCADIA By: .4A. wfsv�c William R. Kelly Date City Manager PROVED AS T FORM: � P. p Stephen P. Deitsch, City Attorney 0 REPUBLIC ELECTRIC CON — i Pat Malloy Public Works Services Director ASSIGNMENT AND ASSUMPTION AGREEMENT THIS ASSIGNMENT AND ASSUMPTION AGREEMENT (the "Assignment Agreement ") is made and entered into by and between Peek Services — USA /Signal Maintenance, Inc., a Delaware Corporation ( "Assignor "), Republic Electric, a California corporation ( "Assignee ") and the City of Arcadia, a municipal corporation of the State of California ( "City "). 1. For good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, Assignor hereby assigns and transfers to Assignee all of Assignor's rights and obligations under that certain Agreement for traffic signal and related services dated April 1.1, 2002 between Assignor and City, as amended (the "Contract "), arising on or after the Effective Date (as defined below), and Assignee hereby accepts the foregoing assignment and agrees to assume and perform the obligations of Assignor under the Contract arising on or after the Effective Date. Assignor shall retain all liability for its obligations under the Contract that arise prior to the Effective Date, and Assignee shall assume no such liability or any liability associated with Assignor's performance of the Contract prior to the Effective Date. In connection with the foregoing assignment and assumption, Assignee shall promptly obtain and provide to the City any and all faithful performance and labor and materials bonds as required under Section 3.03 of the Contract. 2. The foregoing assignment and assumption (the "Assignment ") shall not be effective until the "Effective Date ". The Effective Date shall be the date as of which City has executed this Assignment Agreement, 3. Assignor agrees that City and Assignee may modify, amend or alter the Contract in any way they deem appropriate, including without limitation the extension of the term of the Contract, and that further assignments of the Contract may be made, all without notice to or the consent of Assignor. 4. The City hereby approves this Assignment. 5. This Assignment Agreement shall inure to the benefit of and shall be binding upon each of the parties hereto and the successors and assigns of such parties. Assignor and Assignee shall execute and deliver such further and additional instruments, agreements and other documents as may be necessary to carry out the provisions of this Assignment Agreement. This Assignment Agreement shall be governed by the laws of the State of California, without reference to its principles of conflicts of law. [SIGNATURES ON NEXT PAGE] 4 IN WITNESS WHEREOF, the parties thereto have duly executed this Assignment Agreement as of the dates set forth hereinbelow. Signal Maintenance Inc., a Delaware Corporation By: '4e�d �Ieyy Mathis Title: President Dated: q / 24� 2004 City of Atleadia, a Municipal Corporation By: -M-nAA William R. Kelly City Manager Date: U'41' 2004 ATTEST: City Clerk FAINUM SIVA a S �19L I– —j- Stephen P. Deitsch City Attorney Republic Electric, a California Corporation Date: , 2004 City of Arcadia Service Request Fax form ( Option # 1 ) Date of Request Requested By Fax Number 714 -563 -3178 Location Problem Time of call Time of call Please respond to this fax Yes NO Cal Ticket Number Have technician call back Yes NO ( Option # 2 ) Electronic tracking system Peek Services has as an option to the city of Arcadia, a electronic Fault Management System. This system will allow the city to input directly into our system any and all calls they would have and be able to track these calls on their own system via modem. If Peek is the successful bidder, we would be more than interested in showing this tracking system to you. This system can also create and endless number of reports. CITY OF ARCADIA ADDENDUM NO. 1 to Contract Documents and specifications for 2001 -2002 TRAFFIC SIGNAL MAINTENANCE Date: August 13, 2001 The bidder shall execute the certification hereon and shall attach this addendum to his proposalpackage. 1. Replace page 9 (of green pages) with the attached. Changes have been made in italic and are underlined. 2. Replace page GP -17 (of General Provisions) with the attached. 3. Replace page SP -6 (of Special Provisions) with the attached. Changes have been made in italic and are underlined. 3. Add Attachment `B'. -------- Pat Malloy Public Works Services Director City of Arcadia BIDDER'S CERTIFICATION Receipt of Addendum No. I is hereby acknowledged and all conditions contained therein are accepted. Date: / o Bidder: Title: Gene o.l I1'latiayr rVUr, M CITY OF ARCADIA ADDENDUM NO.2 ! to Contract Documents and specifications for 2001 -2002 TRAFFIC SIGNAL MAINTENANCE Date: August 16, 2001 The bidder shall execute the certification hereon and shall attach this addendum to his proposal package. Bid Opening is extended to September 4, 2001 at 11:00 a.m. in the City Clerks Office, located at 240 W. Huntington Drive, Arcadia, California. Instructions to Bidders currently reads: A Mandatory pre -bid meeting is scheduled for all contractors in order to provide information and review the scope of work. The pre -bid meeting will be held on Monday August 13, 2001 at 11:00 a.m., at the Public Works Services Center, 11800 Goldring Road in the city of Arcadia. No bid will be accepted unless the Contractor has attended the pre -bid meeting. Shall be changed to read: Two (2) pre -bid meetings are scheduled to provide information and review the scope of work. The contractors will be required to attend one of the two meetings. The pre -bid meetings will be held on Monday August 13, 2001 at 11:00 a.m., and again on Thursday August 23, 2001 at 10:00 a.m., at the Public Works Services Center, 11800 Goldring Road in the city of Arcadia. No bid will be accepted unless the Contractor has attended one (1) of the pre -bid meetings. Pat Malloy Public Works ervices Director City of Arcadia BIDDER'S CERTIFICATION Receipt of Addendum No. 1 is hereby acknowledged and all conditions contained therein are accepted. Date: /6// Bidder:�� Signature: Title: 04—�� PM:dw CITY OF ARCADIA ADDENDUM NO.3 to Contract Documents and specifications for 2001 -2002 TRAFFIC SIGNAL MAINTENANCE Date: August 23, 2001 The bidder shall execute the certification hereon and shall attach this addendum to his proposal package. 1. Replace page 7 (of green pages) with the attached. 2. Replace page 9 (of green pages) with the attached. 3. Replace page SP -3 (of Special Provisions) with the attached. 3. Replace page SP -6 (of Special Provisions) with the attached. at Malloy Public Works Services Director City of Arcadia BIDDER'S CERTIFICATION Receipt of Addendum No. 3 is hereby acknowledged and all conditions contained therein are accepted. Date: Bidder: oeeo-� vic �e Signature: ytto ��"L� Title: 0/-c k, &wA M �..'e - PM:dw I, AGREEMENT THIS AGREEMENT, made and executed this 11- day of uL I 2002- , between the City of Arcadia, whose address is 240 W Huntington Drive, Arcadia, California D 91007, (hereinafter referred to as "CITY ") and Sevv i c-e S ° (A A whose address is hereinafter referred to as "CONTRACTOR ". RECITALS A. City has invited bids relative to the Traffic Signal Maintenance contract. B. Contractor has submitted a bid for the performance of the work above described and warranted to the City that it is possessed of the skills requisite in order to complete the said project. C. City has accepted the bid submitted by the Contractor and authorized the award of the contract to the Contractor. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein provided, City and Contractor agrees as follows: For and in consideration of the payments and covenants hereinafter specified to be made and performed by City, Contractor shall perform and complete the following: TRAFFIC SIGNAL MAINTENANCE and to perform and complete the same in a good and workmanlike manner all the work pertaining thereto shown on the Plans and Specifications therefore; to furnish at his own cost and expense all tools, equipment, labor, services, and materials necessary therefore (except such materials, if any, as in the said specifications are stipulated to be furnished by the City), and to do everything required by this contract, special provisions, technical specifications, construction plans, drawings and details, and all addenda issued by City to the foregoing prior to the opening of bids. 2. For furnishing all said materials and labor, services, tools, and equipment, and doing all work specified herein, also arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the work until its acceptance by the City, and for all risks of every description connected with the work, for all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as in said specifications are expressly stipulated to be borne by the City and for well and faithfully completing the work in the manner specified in said Plans and Specifications, the City will pay and the Contractor shall receive in full compensation therefore on the unit price basis, the total price for the several items furnished pursuant to the specifications, as set forth in Contractor's bid heretofore filed by him and accepted by City, at the times and manner specified in the Contract Documents. IR Contractor agrees to perform the work according to the terms of this Contract for price(s) named in the bid, and City agrees to pay the same at the time, in the manner, and upon the conditions stipulated in the said contract documents. Subject to the provisions of this Contract, all terms, covenants, conditions, and provisions hereof shall inure to and shall bind each of the parties hereto and each of their respective heirs, executors, administrators, successors, and assigns. The Notice Inviting Bids, Information Required of Bidders, Contractor's Bid, Special Provisions, Technical Specifications, Construction Plans, Drawings and Details, and all addenda issued by City to the foregoing prior to the opening of bids, are hereby incorporated in and made part of this contract by reference and are collectively referred to therein and herein as "Contract Documents." Contractor shall be responsible for compliance with the Apprentice able Occupations Regulations of Labor Code, Section 1777.5, including compliance by all subcontractors. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first above written. CONTRACTOR Y,' /Grp Tax I.D. Number: Number Contractors License: 62 J/ U, Class 6 7Q/ /// Number CITY OF ARCADIA By: ___ + William R. Kelly Date City Manager ATTEST/. By: J e D. Alford City Clerk Approved as to Form: S ephen P. Deitsch Date A City Attorney 19