HomeMy WebLinkAboutKVB, INC - 1984-06-04L
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CONSULTANT AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND
KVB, INC., FOR GEOTHERMAL, DEVELOPMENT
THIS AGREEMENT is made and entered into thisday
of� u W e- 1 198__�_, by and between the CITY OF
HUNTINGTON BEACH, a municipal corporation of the State of
California, hereinafter referred to as "CITY," and KVB, Inc., a
California Corporation, hereinafter referred to as "CONSULTANT."
WHEREAS, the CITY OF HUNTINGTON BEACH desi.;:es to engage the
services of a consultant for the completion of the tasks under the
Geothermal Development Grant; and
CONSULTANT has been selected to perform said services,
NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows:
1. WORK STATEMENT
CONSULTANT shall provide ,11 services as described in the
document entitled Geothermal Dvelo2ment Grant proposal
(hereinafter referred to as Exhibit "A",) incorporated into this
agreement by this reference4
2. DISPOSITION OF PL&NS, ESTIMATES AND OTHER DOCUKENTS
CONSULTANT agrees that all oriizinal reports,
both field and office n Ps, calt:ulations, maps and ot,,er
documents, shall be turned over to CITY upon any termination, of
PROJECT'.
3. INDEMNIFICATION! DEnENSE, HOLD HARMLESS
CONSULTANT hereby agrees to defend, indemnify and hold.
a harmless CITY, its officers, agents and employeee, fYom and
against any and all liability, damages, costs, losse, , claims and
expenses, however cau.ee-, resulting directly or indirectly from or
- 1
I
connected with CONSULTANT'S performance of this agreement
(including, but not limited to such liability, cost, damage, loss,
claim, or expense arising from the death or injury to an agent or
employee of CONSULTANT, subcontractor, or of CITY or damage to the
property of CONSULTANT, subcontractor, or of CITY or of any agent
or employee of CONSULTANT, subcontractor, or of CITY), regardless
of the active or passive nature of any negligence by CITY, except
where such liability, damages, costs, losses, claims or expenses
are caused solely by the negligent or wrcngful acts of CITY or any
of its agents or employees including negligent omissions or
commissions of CITY, its agents or employees, in Connection with
the general supervision or direction of the work to be performed
hereunder.
4. WORKERS' COMPENSATION
CONSULTANT shall comply with all of the provisions of the
{Yorkers' Compensation Insurance and. Safety Acts of 'the State of
California, the applicable provisions of Division 4 and 5 of the
California Government Code and all amendments thereto; and all
similar state or federal acts or laws applicable; and shall
indemnify, defend and hoid harmless CITY froin and against all
cla L4, demands, payment,, suits, actions, proceedings and
judgments of every nature and description, including attorney's
fees and costs presented, brought or recosiered against CITY, for
or on account of any liability under any of said acts which may be
incurred by reason of any work tc- be performed by CONSULTANT under
this agreeme,.it.,
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5. INSURANCE
MIn addition to the Workers' Compensation insura.ce and
CONSULTANT'S agreement to indemnify CITY, CONSULTANT shall furnish
to CITY and maintain in force until the completion of PROJECT a
policy of general 'liability insurance in which CITY is named as an
additional insured. The policy aiiall indemnify CITY, its officers
and employees, while acting within the scope of their duties,
against any and all claims arising our of or in connection with
PROJECT. The policy shall provide coverage in not less than the
following amounts: Combined single limit bodily injury and/or
property damage of 000,000 per occurrence. Such policy insurance
shall specifically provide that any other insurance coverage which
may be applicable to the loss shall be deemed excFss coverage and
CONSULTANT'S insurance shall be pzimary. A certificate of all
such insurance policies required by this agreement sha be
delivered to the City Attcrne_v prior to the commencement of any
work and shall be approved by her in writing. No such insurance
sha'1 be cancelled or modified without (30) days' prior written
notice to CITY.
6. INDEPENDENT CONTRACTOR
CONSULTA-NT 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 payments of a.i1 taxes, social security, state disability
insurance r.oppensaticn, 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.;
7. CITY STAFF ASSISTANCE
CITY shall assigns a staff coordinator to work directly
with CONSULTANT in connection with the work of this agreement.
a. PROVISION FOR PAYMENT
In consideration of the performance of the above
described services, CITY agreas to pay CONSULTANT a sum not to
exc(:ed seven thousand, seven hundred dollars (t7;700.00), payable
in two equal. monthly installments.
9. EXTRA WORK
In the event of authorization, in writing by the CITY, of
changer from the work as indicated in Exhibit "A" or for other
written permission authorizing additional work not contemplated
herein, additi,anal compensation shall be allowed for such extra
work, so 1,ing as the prior written approval of CITY is obtained.
10. TERMINATION OF CONTRACT
All work shall `-)e done in a good and workmanlike
manner. CITY may terminate CONSULTANT'S services hereunder at any
time with cause, whether or not PROJECT is ful..y complete. Any
terminAtion and any special instructions hereunder from CITY shall
be made through the Director of Development Setvices, and in
writing, which may be delivered in perso:. to CONSULTANT or mailed
through the nor*ial course of mat:. to its now-estaoli shed business
address. In the event this agreement is terminated, all drawings,
designs, specifications and appurtenant data may be used by CITY.
11DURA X .L jN of COYTRACT
CONTRI?CT04 agrees to complete the PROJECT within two (2)
months of the execution of V?is contract.
4
12. SUFCONTRACTORS
This agreement is a personal service contract and the
supervisory work hereunder shall not be delegated to any person or
entity without the consent of CITY.
13. ADDITIONAL PROVISIONS
CONSULTANT agrees that no regular employee of CITY shall
be employed by its firm during the time that this agreement is in
effect.
IN WITNESS WHEREOF, the parties hereto have caused this
'agreement to be executed by and through their authorized officers
the day, month and year first above written.
CONSULTANT:
KVB, Inc.
By
Max Poc5re r Genera r Manager
By
Steve Kerho, 'slice President
CITY O HUNTINGT N BEACH,
A muA Cl a1 coryora&ion
j
By x
ATTEST: APPROVED AS TO FORM:
City Clerk VIM � Attorney
REVIEY D APP VED• INITIATED ,AND APPROVED:
fy Administrator ADrector, Deve opment Services
5
F-01 'I B i T A
6F0111FRVA1, :1FVEI tiPtlENT GRANT
€70NSUL'i I N G PR01'0SAL
The t'itv's present GeothornaI IaeveIopment. Grant was awarded in
'epLembPrt 1082 for the purpose of running a ';vstematie•anaIvsis
rf the potential of nil - related hot wno r in Ifuntfngrnn Reach.
and to make progress t-award dieveIopme,nt. I,f one or more georhormaI
nemonstrat ion projorts lie re Significant ltro g re.s�<. it; this regard
has aIreaik loon -rand (I a thit; points it is import.�I,t to the
succe;> ful comjiletftin of this grant t.hRtt the nppnrtunities itttinLi-
fied be pursued.
The giant s sch edttled 1,11 ronipler ton Oil aune 3(', I'�Ria, As - f
Piav 18, 10a:4 the ,.—vrarurO)o!-t'xi baI.,ryr,, of rho grant $?,700-
The ,t^maliiing matt, aro discii--i ,>t+Inca; then imirlIv
rnns:st of 11vrsrting the otrpctrt=.tn2ties for Ivv: t-)p,ra"tar1, 91,
thtsrmal dvv-10prtent rlta* ItaVt• he1,T. .dertr1 ; e d t,t °att•, rtt
nartirnl„r, F.1s't 1 ti,,,,irtrltc iarmedi,ito ant ..n>tt'ing attvnti—i
At pre' -;eat tIl PI=t1 rport r r"°Iv ill 'Isiah,': in;;,
Svnt'It sizir.t;, an(I pr�'�rent inr irttc•r ar it in g r i;c >ar,31 cvvt,,m.
nd artpl it .t ictnad e'x tt ItpI ier'. atti rt)cl urR' r
tt. int' ro!lt ill �t'` l�ti5+
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it +I+,r`at'at st fr. t't't _.rt,itt rit<' tgx•xr i tt.x+rr?as.. P+tic ttw
favi,Ilr 11 Itra'n1,,inrP*I a}'Foritin i#iof;
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py :.t; <a it'. �'C �tSI .,)' .. •e x ,` _ ;. .,fi t, y,` .t hoot
Ilx�!ri infitteri ist'.ttl' !?;._. '�� ,._ •i a':a ttr- ::r i � a. oXi Sd.[Ekt
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(I t, the 'ittcrtir;r e,itrh :a�o+ r t t rteta�in,
I'he z;nt^,dV !.-;:°nr
tItI- I14ti4t it it .` 21^pit %t?eTt,tC Efa;r the n"a r teIit!
a', a cleat :n :r rat z ttr, pro jf,t. t .
I r2�n.i l'r :'v t`v.i :t itt±' `t$t,"'t trl C,.r r, !kf..pi t is I.S :'; It I—h, ds.I
bl,iIPr '-v,tt—n .torsi Irtet>nat:a.' i~<atI,t>ryaI cetxtItt•rtrtal
Iystc',n cle,i#,n t,,,i It+.=tt:vai; a I',ltlit;rtifjst
FXllI II A
,ASK 2.
TASK 3:
1,2 lniestiati, imlilem=ntaticbrt rn:rs, fi>ianrin
alttrnatives,
1,3 t gigot into with C:hevr«gin, high sehool distri,s
regarding con,ractural ohligationn, tarns- of
agrcement, financinn; produce modal contract
for this project.
PRODUCTS: —Engineering inalysis of optimum system
denign to sprvv Huntington Beach High
School.
—Model u nn t rac t .
NAl,le*.IS OF VNE F;,'k f.:T „ATFF Fk.'4 AMMOTT'N OPERATIONS
FOR `EAC:I,IF'R TV NE DO'v1 ,'Ir+::1: RF€ EVI:Jt1PMENT VRf1TF4:T: ,
Aid tionaI an. Ivsis and eraInat ;on of the tv,orh<•rma
oppvrtuniI iris to Y ..'"al nni l'S f<)--I rF•, >l t.l ;_r{ k'3}.er t ; Ci„r: r�5r.a ry.
T- , r• It.;ar: t.hot.ntia1 ua:thar navt� i-n idvnrifivi
incl"W, pra;d"cr Rol t I,F `.Par I i f } it.' dove hymr-nt . Pre I Nuf aary
anA sls ban 4„2 n ",,n,•, b"! a =' cot' dot! of furOvr work is
n, r v s%= - v to r% p 1- ,r F, opt i .ono ,. - .' f i n e :a r„ c T - 4. m, CC t s, •a it d r r,A n t i n If !!
m"re Wrai lr d Ali aisni,nn w f th C`atnH"A 1 in! t An la".le>pers on
t_I;r tar to it "";CcLanir q of pyv iors i^lialf" en, t' t,n.
7.1 rontiruo H.,r.k_ i'. q 6. ee' _ ;a"1,l .',P .F• >> eu.+t oCi vaqvil
!.v�plo f '-irc npi, 1 rtt at i,a q, , 1 W 1 112
ft,r,e I atr t% tm i^, o,a<,CtI pC,tPt P, Tsa11
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r. I' +.' i t' , z, 1 t . i 1 Ir+[' , 1 t. ' r p r u t r :t i t p, ,' n e v i r' d i v t h 4'
C -
Yt1, Minot 1 a 7a=-1 !'!7 e.' MD CC1 i F]F' ". L'`>E')-17 w'7rFz,9 Ci":«
2.2 Prrp,art' ra'p"rts -P prolocts n —ars eg4@i Itmunt,
ry t5i r vvvl`r s odt—1 akrk'vmvn onf ra� t F , ri'4
ianct'.sG.rirt for ;? i,orCir?ri ,::I t"Iill ]v Fer'c,,jert,
i'la lg1f F,., 7 )t`"xz t't at Tiaa __. ,.,, x-. -ii of „ar•.:t lilt I
! •' ., i b i l a t; ; r udy Ant : l, Hunt i ng t o n
Mich .foirrT*a ,
—:ae-polf ;r ,-a!;;tf dfT=:r is Irojvci coq ,
ASS:'k`f M`t"'si F l leFp,. ARM , ETN ,!. t,,EV *l? FslR oTPER
''t)btMP ITI.:'' W11i6 aEOTPEFOA., e<E.„ , 0RC ES.
W-rmaation a)'nut Ibu Stir''ork Inn, 2E'i HUIltITQron 6e4ch iq
important to the %%gte.,,,'at. i.c 41t't'k°li`l m nt. of geothprmal
respurcps in Southern Wilsrvia.. in mine ways. Hunting—
ton Beach ran be a n)a)dpi for Wirt, geothermal work,
particularly ril-relaatPd gpothvrmaI, in other ;ur?sdict,ions.
An impo*ta tar>M of the City'r prf-sont Pr<,n is the
priparaLion of a "Mothn,If lovv transfer' document". IN, hi le
Energy Serie._ Rcp-.rt 4,'6, I.ow Temperature GcotIiormaI
Res=turces in flantingt_oii Roach will function as a primary
'"mPt.liodoIogv t r.rnsfer document City staf f can he assIstvd
in tnakirtR a n v necessrary r°hanges to ttre Enor3,v 5 v r i e s Report..
T h v final report twill aI?, o do,^ument ncc- C11v'-, experience
with the exploration of the geothermal pot en, ial and the develop -
in ent of demonstration projects.
3.1 Assist Kitt• t:ifI in rip radirip Enerpv Series Report r?ft
as a methvdolv£4 transfer dc+(7umertr.
PR01)11CTS: - Final rop.:rt, as determinod.
i-IAFSH & iY c-LE INdid, INC;.
z"12 S. RiY;ERSME PLAZA
OJIICAGO, ILLINOIS 60606
COMPANIES AFFORDIAG COVERAGE$
r rl l..rZr L UIWILi� FIRE INSURANCE Co.
u: z is uFiLIIICH, IAA
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,X�MXYi;.X7?%-,C2€xX:{"n:KXXXXXXXXXXX'X XXXXXXXIXXSCXXXXXX XX)C
july 25, L984
office of the City Attorney
City of Huntington Beach
2000 ;lain, Street
Huntington Beach, CA 92648
t ats =�i #liintiai--t+!sr ll,a #, TO Gad Hutton, City Attornoy
)ri ..1 l r +i+!i,. CiTY OF HUNTING T ON BEACH, CALIFORNIA
A MUNICIPAL CORPORATION By '
This is to certify that the policies of insurance as described below have been issued to the insured by the undersigned and are in force
at this time, if these policies are cancelledor changed in such a manner that will affect this certificate, the, insurance company agrees
to give 10 days prior written notice, by mail, to City of Huntington Beach, P. O. Box 711, Huntington Beach, California 92648. ALL
ITEMS MUST BE COMPLETER, ANY DELETION OR CHANGE IN THIS FORM SHALL BE SIGNED AND DATED BY AN
AUTHORIZED REPRESENTATIVE OF THE INSURANCE COMPANY AND MUST BE APPROVED IN WRiT+NG BY THE CITY
ATTORNEY.
Name of Insured KVB ' Inc.
Address of Insured P.O. Box 19518, Irvine, CA 92714
Location of Work or Operations to be performed —
Description of Work or Operations
LIMITS OF LIABILITY�^
NAME OF COMPANY
Effective
Expiration
POLICIES iN FORCE
POLICY NO.
In Thousands (GOO)
(INS.)
GENERAL LIABiLITY
MP 567
8/ 1f 84
Fir eman' s Fund
] COMPREHENSIVE FORM
0248
18/1/87
s iLQQO,OQO csL
Insurance Co.
{ # PREMISES — OPERATIONS
Each Occurance
EXPLOSION AND
COLLAPSE HAZARD
'. UNDERGROUND HAZARD
X' PRODUCTS COMPLETED
OPERATIONS HAZARD
PC's CONTRACTUAL
INSURANCE_
f t BROAL> FORM
PROPER7Y DAMAGE
PC' INDEPENDENT
CONTRACTORS
e'KI PERSONAL INJURY
AUTOMOBILE LIABILITY
MXP 56 7
8/ 1! 64
8,` 1/ 87�
F1Z"eman t 5 Fund
;{:` COMPREHENSIVE FORM
0248
1,000,000
Insurance Co.
Y. t OWNED
S — CSL
Each 19ccuranco
};' MIRED
X I NON -OWNED
�
EXCESS LIABILITY
UL 102276
_.
8/ 1! V
...
8 ' 1/ 84
=7 UMBRELLA FORM
(And
S 5 0QQ -
# tTHERTi(AN
'.-newal)
8'1!84)
(8'1185)
BI & PD Combined
UMBRELLA FORM
WORKERS" COMPENSsaTiON
and
EMPLOYERS' LIABILITY
Additional litsured Endorsement:
The insurer agrees that the City of Huntington Beach and its City Council, and or all City Council appointed groups, "mmittees,
commissions, ilaatds an(' any orhnr City Council appointed hody, andiot elective and rippo,ntive officers, servants or employees ^f the
City of Huntingtor Beach, when act+ng as such are additianai insureds hereundet, for the acts of the insured, and such insurance shall
be piimary to aml insurance of the C,tY Of HUntin iton Bt,,ach, os tfiv,r interest may appear,
Date Ally ? 5 1 q lr �+
AUTHORIZED RF.PRESEN'er in OF INSURANCE
INSURA'JCECOMPANY By Ju1e?s BE?Yi1n Agency
1 12 eman r S Fund Insurance Co.
NameAddress P.O, BC'IX 558
Address P.O. box 30693 City overly M!1is, CA 90?10
City Los Angeles, CA 9C0.30 Trilephone 213-655-6470
HOLD HARMLESS AGREEMENT
( (to be exeruted by insured)
Ttte inst rcdd r .agrees to protect, defend, indemnify, save, and stub. ririfess the City of Huntington Beach its
oifs"cers, agents, and employees against any liability, lets;:, dsmcae cost, or expense reason of any and all liability, suits, claims,
demanr'e, judgments and causes of action caused by insu_cd, his employees, agents or any subcontractor or by any third party arising
out of or in consequence of the performanxa of all or any operations or activity for whico this certifi cate of insurance is furnished.
*0) Sole Proprietorship (2) Partng ifii (3) i. �tio} (4) Other (stotel
-ci! ,t. L Vice. PrE. cunt & !.;en. Mey_._
HOLD HAI{htLESSSIGNED. By Insured: i Title '. `'
fAff nxr:oes smolt be ppnlad jr typed
below each signatura.] Y *�t e
By :insured.. _. 7',tb i'' c P x,,, ri ., i�j,f3?lt,...
Stephen I,. Ket'h.s
If Cctporatiirn, TWO Offitars must sign, or prownt ovidence o" authorsirstion to hind Corporation.
Aft
Max A. IV,)ore
Vice President &
Gereral Manager
18006 SKypark Btvd P 0 Box 19518. 1-1,me. Ca;,fcm,,3 92714 714F 252-62X J-aly 31, 1984
Mr. Ted Endres
Deputy City Attorney
Office of the City Attorney
City of Huntington Beach
2000 Main S,rnet
huntington Leach, CA 92648
-RE: Insurance Certificates for KVB, inc.
Dear Mr. Endres:
Enclosed please find executed c:.,:�I,ies c,f ---ui* star, ard ,:trtifii-�ate d — of insurance
and our Workers' Ccmpensatlon and Lmj,loyeLiaLllity ,�rtifa,�:ate tf insur-
ance.
MAM. kc
Enclosure; As Noted
i CITY OF HUNTINGTONBEACH
"H-4 2000 MAIN STREET GAUFQRNIA 92648
OFFICE OF THE CITY CLZRK
XVS, Inc.
P.O. Box 19518
?rvine, CA 92714
Attn: Max Moore, General Manager
The City Council of the City of ?Iuntin.gton Reach at its regular
meeting held Monday, Oune 4, 1984 arpreved an agreement with your
Firm for completing of the casks fur-ded by the '-'a'ifornia'nercy
Commission under Grant 9:2-81-017-
Enclosed is a duly executed coDy of said agree!tent together with
a copy of the Certi-icate of ins rance which you sub,:itted.
Alicia M. Wentworth
City Clerk
A!N!W: cb ` n
F.nc.
CC: Jeanine Frank, 0eveloplrent Services wrpt.
4udy John, :Finance "ept.
REQUE* FOR CITY COUNCAPACTION
Submitted to:
Submitted by:
Prepared by:
Subject:
I
Date May 18, 1984
Honorable, Mayor and City Council
Charles W. Thompson, City Administ-rator
James W. Palin, Director, Development
CONSULTING AGREEMENT WITH KVB
Statement of Issue, Rel-ornmenda-:,,, Analysis, Funding Source, Alternative Xc�tions, Attachments:
TATEMENT OF !SSUE:
Tne City -ece-,\--�d funding from the California Energy Commission in
September of 1982 to conduct an assessment of the type and
potential applications of the low temperature geothermal resource
in Huntington Bpach. Helen Diane Border, an assistant planner
witr, the City, was implementing the work program. In September of
l9b3, is. Border left the City to return to graduate school. Th P.
Department of Development Services has received apt)roval from the
Energy Commission to contract with a consultant fo; completion of
the grant. tour consultants were sent rf-�questc- . r proposals.
Staff btJieves that of the responses receive,', KVB is best
qualified to perform tne work. KVB is an c,-Iinuorir, firm that
specializes in utilization ot co-prod-iceo water and r.eet
recovery, This contract betwoon the City and KVT? would allow the
engineering fir;- to ccinpletp one irant tasks as a consultant to
tht City,
R EC OMMEN DAT I W4
Approve the attached contract between thfCity and KVB for
completion of the tasks funded by the California Energy Commission
under Grant No. 912-81-017.
ANALY S I S :
In Septerit)er of 1982", tho City jointly with Or.inge County, was
awarded a grant from to California Energy Commission under their
Geothermal Developn,,nt '.,rant. PLogran for Local Governments to
assess the extent and nature of the low temperature geothermal
resourco in Huntington Bea%7h, and examine the Feasibility of
possibl.? geothermal projects. The work was being conducted by the
Department of Development Servic:,s under the direction of D,ane
Border, Assistant Planner.
a The grant tasks have so far resulted in three preliminary reports,
Energy Series Report No. 6, "Low Temperature Geothermal Resources
in Huntington Beach", and the feasibility analysis for the
Seacliff IV demonstration project. Several tasks remain
unfinished at this time, including the feasibility assessment of
another demonstration project and a technology transfer workshop.
Diane Border left City employment in September of this year to
pursue a masters degree. The unexpended balance of the grant
amounts to $7,700, which would not be sufficient to hive another
full time planner. Present s'aff is working at capacity and
cannot take on the remaining grant tasks. Staff requested
permission from the Energy Commission to allocate the rest of the
grant to pay for a consultant tc finish the work. The Energy
Commission has approved this plan.
Pursuant to City regulations, proposals we-e solicited from four
consulting firms which would have expertise In the energy field.
Three firms responded affirmatively to this request. Of those
responding, staff believes that KVB could most successfully
complete the grant for the City. Staff feels that the project
would benefit from KVB's expertise in the utilization of
co -produced water and heat recovery. KVB's engineering potential
and the firm's expertise in the design of geothermal systems make
it a uniquely qualified candidate Lor the work under the
geothermal grant.
The California Energy Commission staff strongly support this
alternative for completin; the grant.
FUNDING SOURCE:
The grant has been funded by the California Energy Commission.
The City has already been paid by the Energy Commission. The
funds are in a grant account which was authorized by the City
Council. if the consulting contract is approved, the funds will
be transferred to a contractual services account. Funds remaining
in the account total $7,700.
ALTERNATIVE ACTION:
1. Rio not approve consulting contract. In this case, another
consultant would have to be found to complete the grant. If
the grant is not completed, the remaining funds would have to
be returned to the Energy Commission.
ATTACHMENTS;
I. Consultant agreement and attachments
2. Request. for Budget Appropriation Revision
JWP : JAF j lm
71 G.'.
2. 5--18-8.4. - RCA