HomeMy WebLinkAboutBlack & Veatch - 2000-06-05Council/Agency Meeting Held:_
L rpOD, l
Deferred/Continued to:
A proved ❑ Conditionally pproved ❑ Denied
—
W -city CILs Signature
C ncii Meeting Date:
Department ID Number: P W- 0 0- 4 5
CITY OF HUNTINGTON BEACH .-
-yam
REQUEST FOR ACTION
SUBMITTED TO: HONORABLE AND
Vy_
SUBMITTED BY: RAY SILVER, City Administrator
vpREPARED BY: "Robert F. Beardsley, Director of Public Works --
SUBJECT: Approve the Professional Services Contract with Black & Veatch for
Design and Construction Support Services for Water Well Site
Chlorine Containment, CC 1133
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s)
Statement of Issue:
Should the City Council authorize the execution of a professional services contract for
consulting services for water well chlorine containment, CC 1133?
Funding Source:
Unappropriated, undesignated Water Fund Budget.
Recommended Action:
1. Approve staff recommendation to select Black & Veatch as a sole source to perform the
design and construction support for water well chlorine containment; and
2. Approve recommendations from the Insurance Settlement Committee to modify the hold
harmless condition; and
3. Approve the attached Professional Services Contract with Black and Veatch and
authorize the Director of Public Works to expend up to $100,000 to cover contract costs
of $73,800, an estimated contingency_of_$16,200 and supplemental expenditures of
$10,000; and authorize the Mayor and City Clerk to execute said contract..
4. Authorize the Director of Administrative Services to appropriate $100,000 from the
undesignated Water Fund balance to the project account.
Alternative ACtion(s):
Deny approval of the contact and provide Staff with alternate direction. ��
• REQUEST FOR ACTION •
MEETING DATE: DEPARTMENT ID NUMBER:
Analysis:
At this time, chlorination is the standard method of disinfection for potable water. Gas feed
chlorine injection has been used by water agencies including the City of Huntington Beach
for over 50 years without public incident. The existing chlorination systems were originally
constructed using approved standards previously considered safe and reliable. New
regulations now require systems to be constructed to prevent accidental release of potentially
hazardous chemicals. By retrofitting the one -ton chlorine cylinders located at four water well
sites with secondary containment vessels, the highest degree of confinement available using
code -approved vessels will be provided.
This containment method greatly exceeds other methods and is highly endorsed by the City's
Fire Department. Containment vessels have been successfully used by many agencies
throughout the country. Alternative methods are expensive to build, operate, maintain, and
most importantly do not eliminate potentially hazardous building entry.
In order to comply with new regulations and reduce the potential risk as soon as possible,
staff requested a proposal from Black & Veatch to design the chlorine containment
modifications. Black & Veatch previously developed the City's Water Master Plan for
Disinfection; it has expertise and knowledge of the existing water system; it's proposal
provides the most expeditious design services at a reasonable cost to the City, and it also
has extensive disinfection design experience.
Per Council action taken in March 1998, a new appropriation must meet one of the following
three criteria:
It is an unanticipated emergency,
It is required to implement labor negotiations, or
It is a new expense that is offset by related new revenues.
This new appropriation meets criteria #1, that it is an unanticipated emergency.
Environmental Status:
The contract is for engineering design only. The project is exempt as a minor alternation of
structures and mechanical equipment to an existing public utility service under Title 14,
Chapter 3, Article 19, Section 15301 Class 1 (b) of the California Environmental Quality Act.
RCA for Black and Veatch.dot -2- 06/26100 10:43 AM
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REQUEST FOR ACTION
MEETING DATE: DEPARTMENT ID NUMBER:
Attachment
1. Professional Service Contract between the City of Huntington Beach
and Black & Veatch.
2, Fiscal Impact Statement
3. Settlement Committee Approval of Modified Hold Harmless Condition
4. Approved Insurance Certificates and Endorsement
RCA Author: TRulla
RCA for Black and Veatch.dot -3- 05/26100 10:37 AM
0, #& CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
LETTER OF TRANS'NIITTAL OF ITENI APPROVED BY THE CITY COUNCIL/
REDEVELOPTNIENT AGENCY OF THE CITY OF HUNTINGTON BEACH
DATE: June 9, 2000
TO: Black & Veatch Corporation ATTENTION: James Clark
Name
800 Wilshire Blvd., Suite 600 DEPARTNIENT:
Street
Los Angeles, CA 90017 REGARDENiG: Professional
dhy, state, zip Services Contract
See Attached Action Agenda Item E-12 Date of Approval 6 — 5 — 0 0
Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item.
Remarks:
Connie Brockway
City Clerk
Attachments: Action Agenda Page i(
Agreement x Bonds Insurance X
RCA Deed Other
CC: \�' Bffa sly)__
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X
X
Name
Department
RCA
Agreement
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Name
Department
RCA
Agreement
Name
RCA
Agreement
Department
Name Department RCA
Risk Management Dept.
X
Insurance Other
X
Insurance Other
Insurance Other
Agreement Insurance Other
Insurance
Q Followvp/Letters/coverltr
( Tel a pha n e: 714-536 6227 )
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ATTACHMENT #1
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PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
BLACK & VEATCH FOR PREPARATION OF DESIGN
DOCUMENTS FOR WELL SITES #6, #7, "9 AND 910
Table of Contents
Work Statement
CityStaff Assistance................................................................................................2
Time of Performance...............................................................................................2
Compensation.............................................................................
..2
Priorities...................................................................................................................2
ExtraWork...............................................................................................................3
Methodof Payment..................................................................................................3
Disposition of Plans, Estimates and Other Documents...........................................4
HoldHarmless.........................................................................................................6
Workers' Compensation Insurance...........................................................................6
General Liability Insurance......................................................................................6
Professional Liability Insurance..............................................................................7
Certificates of Insurance...........................................................................................7
Independent Contractor............................................................................................9
Termination of Agreement.......................................................................................9
Assignment and Subcontracting...............................................................................9
......................
Copyrights/Patents................................................................ .............10
City Employees and Officials ..................................................................................10
Notices.....................................................................................................................10
Modification............................................................................................................. I I
Immigration..............................................................................................................
I I
Legal Sen ices Subcontracting Prohibited...............................................................I
I
Attorney's Fees.........................................................................................................10
Standardof Care ...................... ................................................................................I
I
ThirdParty Rights....................................................................................................12
Entirety.....................................................................................................................12
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agree12000 b]acUveatcli 4i14 00
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PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
BLACK & VEATCH CORPORATION FOR PREPARATION
OF DESIGN DOCUMENTS FOR WELL SITES 46, #7, #9 AND #10
THIS AGREEMENT is made and entered into this 5th day of
JUne
2000, by and between the City of Huntington Beach, a municipal corporation of the State of
California, hereinafter referred to as "CITY," and BLACK & VEATCH, a Delaware corporation,
hereinafter referred to as "CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to prepare design
documents for well sites = 6, 4"7, 4#9 and T10; and
Pursuant to documentation on file in the office of the City Clerk, the provisions of
the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional
service contracts have been complied with; and
CONSULTANT has been selected to perform said services,
NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows:
WORK STATEMENT
CONSULTANT shall provide all services as described in the CONSULTANT's
Proposal dated March 14, 2000 and revised cost proposal dated March 28, 2000 (hereinafter
referred to as Exhibit "A"), which is attached hereto and incorporated into this Agreement by
this reference. These services shall sometimes hereinafter be referred to as the "PROJECT."
CONSULTANT shall have no liability for defects in the services attributed to CONSULTAI\T's
reliance upon or use of data, design criteria, drawings, specifications, or other information
furnished CITY or third parties retained by CITY.
agree/2000rb1ack&veatch:4 14.100
CONSULTANT hereby designates James Clark who shall represent it and be its
sole contact and agent in all consultations with CITY during the performance of this Agreement.
2. CITY STAFF ASSISTANCE
CITY shall assign a staff coordinator to work directly with CONSULTANT in the
performance of this Agreement.
3. TIME OF PERFORMANCE
Time is of the essence of this Agreement. The services of CONSULTANT are to
commence as soon as practicable after the execution of this Agreement and all tasks specified in
Exhibit "A" shall be completed no later than One Hundred Eighty (180) days from the date of
this Agreement. These times may be extended with the written permission of CITY. - The time
for performance of the tasks identified in Exhibit "A" are generally to be shown in the Scope of
Services on the Work Program/Project Schedule. This schedule may be amended to benefit the
PROJECT if mutually agreed by CITY and CONSULTANT.
4. COMPENSATION
In consideration of the performance of the services described herein, CITY agrees
to pay CONSULTANT a fee not to exceed Seventy Three Thousand Eight Hundred Dollars
($73,800).
5. PRIORITIES
In the event there are any conflicts or inconsistencies between this Agreement or
the CONSULTANT's Proposal, the following order of precedence shall govern: 1) Agreement,
and 2) the CONSULTANT's Proposal.
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6. EXTRA WORK
In the event CITY requires additional services not included in Exhibit "A," or
changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such
work only after receiving written authorization from CITY. Additional compensation for such
extra work shall be allowed only if the prior written approval of CITY is obtained.
7. METHOD OF PAYMENT
A. CONSULTANT shall be entitled to progress payments -.toward the fixed
fee set forth herein in accordance with the progress and payment schedules set forth in
Exhibit "A."
B. Delivery of work product: A copy of every memorandum, letter, report,
calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to
demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on
any such product, CITY shall identify specific requirements for satisfactory completion. Any
such product which has not been formally accepted or rejected by CITY shall be deemed
accepted.
C. CONSULTANT shall submit to CITY an invoice for each progress
payment due. Such invoice shall:
l) Reference this Agreement;
2) Describe the services performed;
3) Show the total amount of the payment due;
4) Include a certification by a principal member of CONSULTANT's
firm that the work has been performed in accordance with the
provisions of this Agreement; and
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5) For all payments include an estimate of the percentage of work
completed.
Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is
making satisfactory progress toward completion of tasks in accordance with this Agreement.
CITY shall promptly approve the invoice, in which event payment shall be made within thirty
(30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld.
If CITY does not approve an invoice, CITY shall notify CONSULTANT in=writing of the
reasons for non -approval within seven (7) calendar days of receipt of the invoice, and the
schedule of performance set forth in Exhibit "A" shall be suspended until the parties agree that
past performance by CONSULTANT is in, or has been brought into compliance, or until this
Agreement is terminated as provided herein.
D. Any billings for extra work or additional services authorized by CITY
shall be invoiced separately to CITY. Such invoice shall contain all of the information required
above, and in addition shall Iist the hours expended and hourly rate charged for such time. Such
invoices shall be approved by CITY if the work performed is in accordance with the extra work
or additional services requested, and if CITY is satisfied that the statement of hours worked and
costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute
between the parties concerning payment of such an invoice shall be treated as separate and apart
from the ongoing performance of the remainder of this Agreement.
8. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS
CONSULTANT agrees that all materials prepared hereunder, including all
original drawings, designs, reports, both field and office notices, calculations, maps, memoranda,
letters and other documents, shall be turned over to CITY upon termination of this Agreement or
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upon PROJECT completion, whichever shall occur first. In the event this Agreement is
terminated, said materials may be used by CITY in the completion of the PROJECT or as it
otherwise sees fit. Title to said materials shall pass to CITY upon payment of fees determined to
be earned by CONSULTANT to the point of termination or completion of the PROJECT,
whichever is applicable. CONSULTANT shall be entitled to retain copies of all data prepared
hereunder.
All documents, including, but not limited to, drawings, specifications, and
computer software prepared by CONSULTANT pursuant to this Agreement are instruments of
service in respect to the Project. They are not intended or represented to be suitable for reuse by
CITY or others on extensions of the Project or on any other project. Any reuse without prior
written verification or adaptation by CONSULTANT for the specific purpose intended will be at
CITY's sole risk and without liability or legal exposure to CONSULTANT. • CITY shall defend,
indemnify, and hold harmless CONSULTANT against all claims, losses, damages, injuries, and
expenses, including attorneys' fees, arising out of or resulting from such reuse. Any verification
or adaptation of documents will entitle CONSULTANT to additional compensation at rates to be
agreed upon by CITY and CONSULTANT. Except as otherwise provided herein, engineering
documents, drawings, and specifications prepared by CONSULTANT as part of the services
shall become the property of the CITY, provided, however, that CONSULTANT shall have the
unrestricted right to their use. CONSULTANT shall retain its rights in its standard drawing
details, designs, specifications, databases, computer software, and any other proprietary property.
Rights to intellectual property developed, utilized, or modified in the performance of the services
shall remain the property of CONSULTANT.
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9. HOLD HARMLESS
CONSULTANT shall protect, defend, indemnify and hold harmless CITY, its
officers, officials, employees, and agents from and against any and all liability, loss, damage,
expenses, costs (including reimbursement of attorneys' costs and fees of litigation of every nature)
resulting from death or bodily injury to any person or destruction of or damage to third party
property arising out of and in connection with CONSULTANT's negligent performance of its
services under this Agreement or its failure to comply with any of its obligations contained in this
Agreement except for such loss, damage, expense and costs, (including attorneys' costs and court
fees) caused by the sole negligence or willful misconduct of CITY.
10. WORKERS' COMPENSATION INSURANCE
Pursuant to California Labor Code Section 1861, CONSULTANT acknowledges
awareness of Section 3700 et seq. of said Code, which requires every employer to be insured
against liability for workers' compensation; CONSULTANT covenants that it will comply with
such provisions prior to commencing performance of the work hereunder.
CONSULTANT shall maintain workers' compensation insurance in an amount of
not less than One Hundred Thousand Dollars ($ 100,000) bodily injury by accident, each
occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee,
Two Hundred Fifty Thousand Dollars (5250,000) bodily injury by disease, policy limit.
CONSULTANT shall require all subcontractors to provide such workers'
compensation insurance for all of the subcontractors' employees. CONSULTANT shall furnish
to CITY a certificate of waiver of subrogation under the terms of the workers' compensation
insurance and CONSULTANT shall similarly require all subcontractors to waive subrogation.
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11. GENERAL LIABILITY INSURANCE
In addition to the workers' compensation insurance and CONSULTANT's
covenant to indemnify CITY, CONSULTANT shall obtain and furnish to CITY, a certificate of
general public liability insurance, including motor vehicle coverage covering the PROJECT.
Said policy shall indemnify CONSULTANT, its officers, agents and employees, while acting
within the scope of their duties, against any and all claims arising out of or in connection with
the PROJECT, and shall provide coverage in not less than the following amount: combined
single limit bodily injury and property damage, including prod ucts!completed operations liability
and blanket contractual liability, of S 1,000,000 per occurrence. If coverage is provided under a
form which includes a designated general aggregate limit, the aggregate limit must be no less
than $1.000,000 for this PROJECT. Said policy shall name CITY, its agents, its officers,
employees and volunteers as Additional Insureds, and shall specifically provide that any other
insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage
and that CONSULTANT's insurance shall be primary.
Under no circumstances shall the above -mentioned insurance contain a self -
insured retention, or a "deductible" or any other similar form of limitation on the required
coverage.
12. PROFESSIONAL LIABILITY INSURANCE
CONSULTANT shall furnish a professional liability insurance certificate
covering the work performed by it hereunder. Said policy shall provide coverage for
CONSULTANT's professional liability in an amount not less than $1.000,000 per occurrence
and in the aggregate. A claims -made policy shall be acceptable if the policy further provides
that:
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a«ree'2000-h1ack&reach _� ] 0 00
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A. The policy retroactive date coincides with or precedes the professional
services contractor's start of work (including subsequent policies
purchased as renewals or replacements).
B. CONSULTANT will make every effort to maintain similar insurance
during the required extended period of coverage following project
completion, including the requirement of adding all additional insureds.
C. If insurance is terminated for any reason, CONSULTANT agrees to
purchase an extended reporting provision of at least two (2) years to report
claims arising from work performed in connection with this Agreement.
D. The reporting of circumstances or incidents that might give rise to future
claims.
13. CERTIFICATES OF INSURANCE
Prior to commencing performance of the work hereunder, CONSULTANT shall
furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the
foregoing insurance coverages as required by this Agreement; said certificates shall:
A. provide the name and policy number of each carrier and policy;
B. shall state that the policy is currently in force; and
C. shall promise that such policies shall not be suspended, voided or canceled
by either party, reduced in coverage or in limits except after thirty (30)
days prior written notice; however, ten (10) days prior written notice in the
event of cancellation for nonpayment of premium.
CONSULTANT shall maintain the foregoing insurance coverages in force until
the work under this Agreement is fully completed and accepted by CITY.
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The requirement for carrying the foregoing insurance coverages shall not derogate
from the provisions for indemnification of CITY by CONSULTANT under the Agreement.
CITY or its representative shall at all times have the right to examine the original or a copy of all
said policies of insurance. CONSULTANT shall pay, in a prompt and timely manner, the
premiums on all insurance hereinabove required.
14. INDEPENDENT CONTRACTOR
CONSULTANT is, and shall be, acting at all times in the performance of this
Agreement as an independent contractor. CONSULTANT shall secure at its expense, and be
responsible for any and all payment of all taxes, social security, state disability insurance
compensation, unemployment compensation and other payroll deductions for CONSULTANT
and its officers, agents and employees and all business licenses, if any, in connection with the
services to be performed hereunder.
15. TERMINATION OF AGREEMENT
All work required hereunder shall be performed in a good and workmanlike
manner. CITY may terminate CONSULTANT's services hereunder at any time with or without
cause, and whether or not PROJECT is fully complete. Any termination of this Agreement by
CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as
provided herein. . In the event of termination, all finished and unfinished documents, exhibits,
report, and evidence shall, at the option of the CITY, become its property and shall be delivered
to it by CONSULTANT.
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16. ASSIGNMENT AND SUBCONTRACTING
This Agreement is a personal service contract and the supervisory work hereunder
shall not be delegated by CONSULTANT to any other person or entity without the consent of
CITY.
17. COPYRIGHTS/PATENTS
CITY shall own all rights to any patent or copyright on any work, item or material
produced as a result of this Agreement.
18. CITY EMPLOYEES AND OFFICIALS
CONSULTANT shall employ no CITY official nor any regular CITY employee
in the work performed pursuant to this Agreement. No officer or employee of CITY shall have
any financial interest in this Agreement in violation of the applicable provisions of the California
Government Corle.
19. NOTICES
Any notice or special instructions required to be given in writing under this
Agreement shall be given either by personal delivery to CONSULTANT's agent (as designated
in Section 1 hereinabove) or to CITY's Director of Public `'forks as the situation shall warrant, or
by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the
United States Postal Service, addressed as follows:
TO CITY:
TO CONSULTANT:
Director of Public Works James Clark
City of Huntington Beach Black & Veatch Corporation
2060 Main Street 800 Wilshire Blvd., Suite 600
Huntington Beach, CA 92648 Los Angeles CA 90017
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20. MODIFICATION
No waiver or modification of any language in this Agreement shall be valid
unless in writing and duly executed by both parties.
21. M-'\4IGR.aTI0N
CONSULTANT shall be responsible for full compliance with the immigration
and naturalization laws of the United States and shall, in particular. comply with the provisions
of the United States Code regarding employment verification.
22. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONSULTANT and CITY agree that CITY is not liable for payment of any
subcontractor work involving legal sen-ices, and that such legal services are expressly outside
the scope of semces contemplated hereunder. CONSULTANT understands that pursuant to
Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for
CITY: and CITY shall not be liable for payment of any legal services expenses incurred by
CONSULTANT.
23. ATTORNEY'S FEES
In the event suit is brought by either party to enforce the terms and provisions of
this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees.
24. STANDARD OF CARE
CONSULTANT shall exercise the same degree of care, skill, and diligence in the
performance of the services as is ordinarily processed and exercised by a professional engineer
under similar circumstances. No other warranty, express or implied, is included in this
Agreement or in any drawing, specification, report, or opinion produced pursuant to this
Agreement.
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25. THIRD PARTY RIGHTS
Nothing in this Agreement shall be construed to give any right or benefits to
anyone other than CITY and CONSULTANT.
26. ENTIRETY
The Agreement contains the entire Agreement between the parties respecting the
subject matter of this Agreement and supercedes all prior understanding and agreements whether
oral or in writing. The foregoing, and Exhibit "A" attached hereto, set forth the entire
Agreement between the parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by and through their authorized offices the day, month and year first above written.
BLACK & VEATCH CORPORATION
By:
.Cdr
print name
ITS: (circle one) Chairman/Presiden ice Presi en
O
By:
print name
ITS: (circle one) Secretary/Chief Financial Officer/Asst.
Secretary — Treasurer
CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
California
REVIEWED AND APPROVED:
Cit dministrator
APPROVED AS TO FORM:
-� City Attorney
• P-15RIMD
Director of Public Works
ayor
ATTEST:d004�
City Clerk or
-�,
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agree'2000.black&,veatchl5110 00
11401 Lamar Avenue
Overran Park, Kansas 66211 USA
Te!:(9131458-2000
Fax: (9131458-2934
s
BLACK & VEATCH
CERTIFICATE OF INCUMBENCY
Black & Veatch Corporation
I, S. K. Sloan, Senior Vice President and Assistant
Secretary of Black & Veatch Corporation (the "Corporation"), a
Delaware corporation certify that:
1. J. H. Clank is a Vice President of the Corporation; and
2. In his official capacity, J. H. Clark is granted the
authority to sign contracts and or -her documents for
projects with the City of Huntington Beach, California,
on behalf of the Corporation; this authority continues
to be ac-five and has never been revoked nor rescinded.
IN WITNESS WHEREOF, I have hereunto set my hand and seal
this � " of April, 2000.
STATE OF KANSAS
COUNTY OF JOHNSON
2000.
BLACK & VEATCH CORPORATION
By:
S. K. Sloan
Senior Vice President
and Assistant Secretary
)
ss
)
Sworn to and subscribed before me this o�4 day of April,
00 C
IAARGARET A. QAMBti.l.
Notary Public -State of KanM
Appointed In Johnson County
AM. Explkob ti ,1 7
the imagine -build company-
MAR 28 '00 09:07AM BLACK & VEATCH P.2
EXHIBIT A
SCOPE OF SERVICES
PREPARATION OF DESIGN DOCUMENTS FOR WELL SITES 6, 7, 9, and 10
A. Preliminary and General Items
1. Meet with the City to clarify understanding of scope and parameters of
the project.
2. Obtain and review City -furnished front-end documents, and general
and/or special conditions.
3. Obtain from the City existing as -built information and geotechnical
information for Well Sites No. 6, 7, 9, and 10.
4. Collect one soil sample at each site and analyze for corrosivity and
expansiveness,
B. Construction Documents
t . Prepare a memorandum describing basis of design for City review.
2. Prepare specifications and construction drawings for the proposed
materials and equipment required based on the design memorandum.
The documents shall be prepared for selection of private construction
contractors on a competitive bid basis.
3. Prepare construction bid documents as follows;
a. Performance specification for pre-engineered structure for City -
furnished chlorine containment equipment. Structure shall be
capable of supporting relocated crane.
b. Slab -on -grade and foundation for chlorine containment equipment
and pre-engineered structure,
c. Masonry screen wall at Well Site 6.
4. Review contract documents for completeness, perform OC and
constructability reviews.
5. Provide three sets of 90-percent complete drawings and specifications
to City for review.
6. Meet with the City after the documents have been reviewed to discuss
them and to resolve any questions.
7. After the conference with City, make any necessary modifications and
submit one reproducible set of drawings and one camera-ready set of
technical specifications for City reproduction and distribution to
contractors.
N:Wunt1ng10n1Agreemontlfixh IbitA,doc
March 26, 2000 -1-
MAR 28 100 09:08AM BLACK & VEATCH P.3
C. Bid Phase Services
1. Attend pre -bid conference meeting with potential bidders to answer
questions.
2. Review and respond to written Requests for Information submitted by
potential bidders.
3. Prepare addenda to the bid documents during bid phase,
4. Attend bid -opening and prepare analysis of bids.
D. Construction Phase Services
1. Attend pre -construction conference.
2. Make two inspection trips per site.
3. Provide design services to review and provide recommendations for
BFI's, change orders, and shop drawing submittals.
4. Prepare as -built drawings, incorporating installation details and
approved change orders to contract documents. Contractor to provide
red -line.
E. City -Furnished Items,
1. The City will provide front-end documents for review by Black & Veatch.
The City will review and coordinate the Blank & Veatch technical
specifications with front-end documents and modify the front-end
documents accordingly in the event of conflicts.
2. City will provide all existing site information available to complete the
design of foundation and base slab at the well sites.
3. One complete set of final contract documents will be provided to Black &
Veatch.
F. Items Not Included
1. Support for real estate or legal issues pertaining to procurement of
additional land for well sites 6, 7, and 10.
2. Plan check for pre-engineered structure and crane relocation.
N:1HuntingtonlAgreementlExhib itA.doc
March 28, 2000 -2-
EXHIBIT 0
City 01 Muftilinatn Beech
Pratessional Services • Well Sines 6, 7, 9, 10
Cost Breakdown
March 28, 2000
Is
BLACK & Vt=ATCH
f'iG
PTL1
Civil
Strucl.
t7G
GADi7
Clerical
8&V
hours
B9�V
Salaries
Direct
Expenses
Total
Fees
earn Member
Clark
Learord
Sla1i
Chi sib
Stan
Staff
SW
$ltin Bale
16D
110
1�
110
120
75
55
ask A - Administration /General
12
12
16
0
0
0
4
44
5.060
436
5,495
ask B - Desi n Senrtces
a
24
6a
152
16
40
40
348
34 M
7 715
42,275
ask C - Old Phase Services
4
12
8
a
2
6
8
50
4,90
650
5,470
aslr D - Censlructian Phase Services
f!
2U
fi4
24
B
40
40
204
f ASO
1,8E0
20.560
Af_
32
68
156
1114
261
aal
921
MI
63,220
10,501
73A
I
L
tksis a1 Estimate,
Estimate of Direct Expenses = Staff Hours 0$7-5D ! hour and bevel from LA Ottiae at $95 per hip and from SD offxe at $70 per trip
sumed design OuraWn = 16 weeks
Geotechnical services - $WOO for four samples, testing, and repnrt
sumed Blot Duration = 6 weeks
rued Conslruction Duration = 26 creeks
otal Contract approximately 12 months
' 3
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m
IR
m
m
D
D
n
S
It
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A
BLACK & VEATCH
800 iNlshire Blvd.
Suite 600
Los Anoeles, Califo.,nia 9031" USA
7e:i213i312-3303
Fax: 213;312-3399
City of Huntington Beach
Tom Rulla
City of Huntington Beach
2000 Main Street
P.O. Box 190
Huntington Beach, CA 92648
Dear Mr. Rulla:
Black & Veatch Corporation
83249.421
B&V File X
March 14, 2000
Subject: Water Well Site Chlorine
Containment
Black & Veatch is pleased to submit the attached scope of work and cost proposal for
engineering services for the City of Huntington Beach. This proposal was prepared
based on your recent conversations with Connie Leonard and represents design, bid,
and construction phase services for sheltering the chlorine containers at all four one -ton
chlorine container well sites, Nos. 6, 7, 9, and 10.
The scope and fee assumes that the Butler -style building would be identical for all four
well sites. Because of the potential for varying geotechnicai conditions at each of the
sites, the foundation would be a separate design for each site. No other piping,
electrical or instrumentation design is included, nor are modifications to the existing
buildings for incorporation of aqua ammonia storage and feed equipment. We have not
included any other ancillary walls or fencing that may be required at each site. Should
special wall treatments or fences be required at one or more of the sites, that work
could be included as an amendment to the contract once the scope has been
established. We have also assumed that the City would compare your front-end
documents with the technical specifications for conflicts, although we would offer this
service to you as an added scope item if desired.
The Butler -style buildings would be bid based upon a performance specification, the
actual design would be completed by the supplier based on the design conditions given.
We had discussed in our report the requirement to have a plan check completed on the
the imagine build company-
• • 83249.421
B&V File X
Mr. Tom Rulla Page 2
structural design of the building to accommodate the relocated crane. For the purposes
of this proposal, this plan check was assumed by us to be completed by the supplier in
conjunction with the contractor, not as part of our design scope.
The bid and construction phase services have also been included in this proposal. We
have assumed the four sites are bid as one construction contract, not four separate
contracts. For the construction phase of the work, we have assumed that there would
be two site visits per site during construction and that we would complete the as -built
drawings based on the contractor's red -lines.
Regarding the contract language, our legal counsel has agreed to the modified
indemnification language that you faxed me last week. Our comments on the remainder
of the contract language is enclosed.
After reviewing the attached scope and cost proposal, please contact me at (213) 312-
3300, or Connie Leonard at (858) 566-1936 if you have any questions or comments.
We look forward to the opportunity to be of continued service to the City of Huntington
Beach.
Yours very truly,
BLACK & VEATCH
A4tl__�
James H. Clark, PE
Vice President
JHC:mra
L176
Enclosures
9 •
ATTACHMENT #2
•
CITY OF HUNTINGTON BEACH
' INTERDEPARTMENTAL COMMUNICATION
To: Ray Silver, City Administrator
From: John Reekstin, Director of Administrative Services
Subject: FIS 2000-35 - Approve the Professional services Contract
with Black and Veatch for Design and Construction Support Services
for Water Well Site Chlorine Containment, CC 1133
Date: May 10, 2000
As required by Resolution 4832, this Fiscal Impact Statement has
been prepared for "Approve the Professional services Contract with
Black and Veatch for Design and Construction Support Services for
Water Well Site Chlorine Containment, CC 1133."
If the City Council approves this request (total appropriation
$100,000), the estimated working capital of the Water Fund at
September 30, 2000 will be reduced to $4,189,000.
Jo n Reekstin,
Director of Administrative Services
L�
ATTACHMENT #3
0 0
F•
/.
CITY OF HUNTINGTON BEACH
Inter -Department Communication
TO: WHOM IT MAY CONCERN
FROM: SETTLEMENT COMMITTEE CHAIRMAN, Robert J. Wheeler
DATE: Meeting date May 9, 2000
SUBJECT: Agreement between City and Black and Vetch
The Settlement Committee voted unanimously to recommend acceptance of the revised hold
harmless language as drafted by Black and Vetch and presented at today's meeting.
R]W/K
0
ATTACHMENT #4
Certificate of Insurance
THIS CERHFICATF IS ISSUED AS A MATTER OF #MAT1ON ONLY A\D CONFFRS NO RIC] ITS UPOt You r.. RTIFICATE HOLDER. THIS CERTIFICATE 1S \OI1 N
INSURANCE POLICYAND ND DOES NOT ANII D, E:YTL1'D, OR ALTER THE COVERAGE:�FFORI�I?D B1" THE I'Oi-IC[FSf-[STED Eilii_OLV. i �] µ,L�w 11
C .1-" e 1'Lv\k 5 z�
i nis is to Corthy tinat �j = {yo_ QL ( Dj,i 0
BLACK & VEATCH CORPORATION _
Attn: James H. Clark Name and LIBERTY
PO BOX 8405 '— address of MUTUAL 3
KANSAS CITY MO 64114 Insured.
I
Is, w :ne Issue date of this certificate, insured by the Company under the policy(ies) listed below. The insurance afforded by the listed oolicy(les) is subject to all their terms, exccusions
a•nd concilions and is not altered by any requirement, term or condition of any contract or other document with respect to which this certificate may be issued.
EXP. HATE
. ❑ CONTINUOUS
TYPE OF POLICY
❑ EXTENDED
POLICY NUMBER LIMIT OF LIABILITY
POLICY TERM
WORKERS
11/1/99-11/1100
WA2-64D-004177-289
COVERAGE AFFORDED UNDER WC !EMPLOYERS LIABILITY
COMPENSATION
I
LAW OF THE FOLLOWING STATES:
Bodily Injury By Accident
INCLUDES OTHER
AK,AZ,CA,CO,CT,DC,FL,GA
HI,IA,IL,IN,KS,KY.LA,MA,MD I $1,000,000 Each
Accident
STATES COVERAGE
MI,MN,MO,NC,NE,NJ,NM,NY Bodily Injury By Disease
(EXCEPT
OK,PA.SC,TN,TX,VA
pc!ioy
MONOPOLISTIC
$1,000,000 Limit
STATES)
WC2-641-004177-039
NV, ORBodily Injury By Disease
$1.000,000 Each
Person i
GENERAL LIABILITY
11/1/99-11/1100
RG2-641-004177-049
General Aggregate -Other than Products/Completed Operations
COVERAGE
I $2,000.000
® OCCURRENCE
INCLUDES:
Products/Completed Operations Aggregate
CONTRACTUAL
$1,000,000
LIABILITY, BROAD
Bodily Injury and Property Damage Liability Per
El CLAIMS MADE
FORM PROPERTY
DAMAGE, PRODUCTS/
$1,000,000 Occurrence
COMPLETED
Personal Injury
RETRO DATE
OPERATIONS, XCU
Per Person/
$1,DDO,ODD Organization
Other
Other
AUTOMOBILE LIABILITY
l l/l/99-11/1/00
AS2-641-004177-029
Each Accident - Single Limit
$1,000,000
B.I. and P.D. Combined
Each Person
® OWNED
Each Accident or OccurrencE
® NON -OWNED
®
.PPROVED AS TO FORM:
Each Accident Occurrent
HIRED
GAIL HUTTON, City At
or
ornep
OTHER
y: ,,
S fu? b o
Co VN
ADDITIONAL COMMENTS
B&V Project # 98326
City of Huntington Beach, CA, its agents, its officers, employees and volunteers are included
as additional insureds on the General Liability Policy.
' It the certificate expiration date is continuous or extended tern, you will be notified If coverage is terminated or reduced before the certificate expiration date.
SPECIAL NOTICE-OHIO: ANY PERSON WHO, WITH INTENT TO DEFRAUD OR KNOWING THAT HE IS FACILITATING A FRAUD AGAINST A� INSURER SUBMI S A
APPLICATION OR FILES A CLAIM CONTAINING A FALSE OR DECEPTIVE STATEMENT IS GUILTY OF INSURANCE FRAUD. I88ued Dyy Policy�io�der
IMPORTANT NOTICE TO FLORIDA POLICYHOLDERS AND CERTIFICATE HOLDERS : IN THE EVENT YOU HAVE ANY QUESTIONS OR NEED INFORMATION
ABOUT THIS CERTIFICATE FOR ANY REASON, PLEASE CONTACT YOUR LOCAL SALES PRODUCER, WHOSE NAME AND TELEPHONE NUMBER APPEARS IN THE.
LOWER RIGHT HAND CORNER OF THIS CERTIFICATE THE APPROPRIATE LOCAL SALES OFFICE MAILING ADDRESS MAY ALSO BE OBTAINED BY CALLING THISLiberty Mutual Group
NOTICE OF CANCELLA71ON: NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW.) BEFORF THE STATED WNRATION DATE THE COMPANY WILL
NOT CANCEL OR REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNTIL AT LEAST 30 DAYS
NOTICE OF SUCH CANCELLATION HAS BEEN MAILED TO:
la'
Fhe City to Huntington Beach 44� _16 �- - - t' '1') A -I
2000 Main; Street A•11 AUTHOR1EDREPR ENTATI
CERTIFICATE
HOLDER Huntington Beach, CA 92648
Attn: Risk Management Overland Park, KS 913-681-1700 5-3-00
OFFICE PHONE NUMBER DATE ISSUED
L_ _ I
This certEficare is executed bv LIBERTY MITI 1LGROCP as respects such insurance a; is aliorded bcTL•n.e Companies BS7721_ R?
Vo - O '3 �a•z� o o C ---'-
]MMERCIAL GENERAL LIABILITY
• i
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL ENSURED - OWNERS' LESSEES ORS ��! ���
CONTRACTORS - (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person or drganization:
ANY.PERSON OR ORGANIZATION TO WHOM THE NAMED INSURED IS OBLIGATED BY AN
AGRELMENT-'TO PROVIDE INSURANCE SUCH AS. -THAT AFFORDED BY THIS ENDORSEMENT.
(If no entry appears above, Information requiredto complete this endorsement will be shown in the Declara-
tions as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown In the
Schedule, but only with respect to liabillty arising out of :your wont' for that insured by or for you.
Tius endorsement Is executed by ttte oampony below designated by an entry In the box opposite its nano
t3 LIBERTY MUTUAL INSURANCE COMPANY
Prenuum S C3 USERTY MUTUAL FIRE INSURANCE COMPANY
Efteove oate 11 / 1 /99 Erxrauon oats 11 / 1 /00 . p t.,o uBERTY INSURANCE RATION
tit INSURANCE oaRPORATIOR,antk+
For saacnment to Policy or Bona No.RG2-641-004177-049 THE FIRST UBEATY IiySURAIICc CORPORATION
Audit -Basis
issued To BLACK & VEATCH
Countersigned by .....'f .0 .a
Issued Sales Office and No.- End. Sena! No. 15
ACORDri CERTIFICATE OF LIABILITY INSURAffCE DATE(MMIDOmI
11/Ol/04 5-3-00
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
61 G} �1� Vtihti ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Lockton Companies YO_ VV ( 00,) J HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P.O. Box 419351 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
KansasCity Mo 64141 6351
(913)676.9000 INSURERS AFFORDING COVERAGE
{93)
INSURED 15231 BLACK a VEATCH CORPORATION INSURER A: CONTINENTAL CASUALTY
P.O. BOX 8405 INSURER B: V.O. SCHINNERER
KANSAS CITY, MO 64114
INSURER C:
INSURER D:
I Attn: James H. Clark INSURERE:
COVERAGES 23C
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE DATE tMMfQQr1'YI
POLICY EXPI'MIRATION
LIMBS
GENERAL LIABILITY
EACH OCCURRENCE
OF XXXXXXXXXX
FIRE DAMAGE (Any one fire)
i XXXXXXXXXX
COMMERCIAL GENERAL LIABILITY
NOT APPLICABLE
CLAIMS MADE ;7 OCCUR
MED EXP IAny one person)
4 XXXXXXXXXX
PERSONAL 6 AOV INJURY
i XXXXXXXXXX
GENERAL AGGREGATE
i XXXXXXXXXX
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMPIOP AGG
4 XXXXXXXXXX
POLICY PRO- LOC
AUTOMOBILE
LIABILITY
ANY AUTO
NOT APPLICABLE
I
COMBINED SINGLE LIMIT
Me accident)
4 XXXXXXXXXXX
BODILY INJURY
{Per person)
i
XXXXXXXXXXX
ALL OWNED AUTOS
SCHEDULED AUTOS
BODILY INJURY
(Per accident)
4 XXXXXXXXXXX
HIRED AUTOS
NON -OWNED AUTOS
PROPERTY DAMAGE
�Ipar accidentl
i
XXXXXXXXXXX
t
GA GE LIABILITY
AUTO ONLY - EA ACCIDENT
i
OTHER THAN EA ACC
i
ANY AUTO
NOT APPLICABLE
i
i
AUTO ONLY: AGG
EXCESS LIA$ILITY
EACH OCCURRENCE
4 XXXXXXXXXXX
OCCUR ❑ CLAIMS MADE
NOT APPLICABLE
AGGREGATE
I XXXXXXXXXXX
i
1
DEDUCTIBLE
4
RETENTION
WORKERS COMPENSATION AND
WC 5TATU- OTH-
I
EMPLOYERS' LIA%lLITY
NOT APPLICABLE
-
E.L. EACH ACCIDENT
i XXXXXXXXXXX
E.L. DISEASE - EA EMPLOYEE
4 XXXXXXXXXXX
E.L. DISEASE - POLICY LIMIT
i XXXXXXXXXXX
OTHER PROFESSIONAL
PLN 114079627
$1.000,000 EACH CLAIM AND
A
LIABILITY
11/01/99
11/01/00
IN THE ANNUAL AGGREGATE
FOR ALL PROJECTS
DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES!EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
B&V Project # 98326
APPROVED AS TO F!1RV:1
"JAIL HUTTOU, City At-tornep On ort
BY: 4 4.
Arj Co -wrJ
r
CERTIFICATE HOLDER I I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION
The City of Huntington Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
2000 Main Street DATE THEREOF. THE ISSUING INSURER WILL E6TAMORCU MAIL 3.0 DAYS WRITTEN
Huntington Beach, CA 92648 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT�xOCIIIIEKW)MQCK
Attn: Risk 11anagement 0� �4 xxauxs cxli�I �a >YffiBc
AUTHORIZED REPRESENTATIVE
ACORD 25-S 17197)
RD CORPORATION 1988
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
REQUEST FOR ACTION•
MEETING DATE: DEPARTMENT ID NUMBER:
Analysis:
At this time, chlorination is the standard method of disinfection for potable water. Gas feed
chlorine injection has been used by water agencies including the City of Huntington Beach
for over 50 years without public incident. The existing chlorination systems were originally
constructed using approved standards previously considered safe and reliable. New
regulations now require systems to be constructed to prevent accidental release of potentially
hazardous chemicals. By retrofitting the one -ton chlorine cylinders located at four water well
sites with secondary containment vessels, the highest degree of confinement available using
code -approved vessels will be provided.
This containment method greatly exceeds other methods and is highly endorsed by the City's
Fire Department. Containment vessels have been successfully used by many agencies
throughout the country. Alternative methods are expensive to build, operate, maintain, and
most importantly do not eliminate potentially hazardous building entry.
In order to comply with new regulations and reduce the potential risk as soon as possible,
staff requested a proposal from Black & Veatch to design the chlorine containment
modifications. Black & Veatch previously developed the City's Water Master Plan for
Disinfection; it has expertise and knowledge of the existing water system; it's proposal
provides the most expeditious design services at a reasonable cost to the City, and it also
has extensive disinfection design experience.
Per Council action taken in March 1998, a new appropriation must meet one of the following \
three criteria:
It is an unanticipated emergency,
It is required to implement labor negotiations, or
It is a new expense that is offset by related new revenues.
This new appropriation meets criteria #1, that it is an unanticipated emergency.
Environmental Status:
The contract is for engineering design only. The project is exempt as a minor alternation of
structures and mechanical equipment to an existing public utility service under Title 14,
Chapter 3, Article 19, Section 15301 Class 1 (b) of the California Environmental Quality Act.
RCA for Black and Veatch.dot .2. 05/26/00 10:43 AM
n
CU
0
RCA ROUTING SHEET
I INITIATING DEPARTMENT: I Public Works I
SUBJECT: Approve the Professional Services Contract with Black &
Veatch for Design and Construction Suppdrt.Services.for
Water Well Site Chlorine Containment
I COUNCIL MEETING DATE: I June 5, 2000 1
::................:...::........:.:.
::. RCA:ATTACHMENTS ..
°° STATU...:.:::
.............:.:................................
Ordinance w/exhibits & legislative draft if applicable)
Not Applicable
Resolution (wlexhibits & legislative draft if applicable)
Not Applicable
Tract Map, Location Mae acid/or other Exhibits
Not Applicable
Contract/Agreement (wlexhibits if applicable)
(Signed in full by the City Attome
Attached
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attome
Not Applicable
Certificates of Insurance (Approved by the City Attorney)
Attached
Financial Impact Statement (Unbudget, over $5,000)
Attached
Bonds If applicable)
Not Applicable
Staff Report If applicable)
Not Applicable
Commission, Board or Committee Report (If applicable)
Attached
Findings/Conditions for Approval and/or Denial
Not Applicable
'EXPLANATION FOR MISSING ATTACHMENTS
RCA Author: