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HomeMy WebLinkAboutLaw Firm of Gibbs, Giden, Locher and Turner - Lyman Henn, Inc - 2009-04-06 Council/Agency Meeting Held 6 Deferred/Continued to: *Appr ed J Conditionally Approved ❑ Denied Ci lert 's ignatur Council Meeting Date: 4/6/2009 Department ID Number: 09-05 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL SUBMITTED BY: JENNIFER McGRAity Attorney TRAVIS HOPKINS, Director of Public Works/ Al-� PREPARED BY: SCOTT FIELD, Assistant City Attorney SUBJECT: Warner Avenue Gravity Sewer Line Project, and Mission Clay v. Vadnais. City of HB, Orange County Case No. 30-2008 00113320 Statement of Issue, Funding Source, Recommended Action, Alternative Action)s),Analysis. Environmental Status,Attachment(s) Statement of Issue: 1. The City Council should appropriate up to $250.000 from the Sewer Fund, to be used for legal and consulting fees in order to recover sewer funds previously expended for Warner Avenue Gravity Sewer Line Project ("WAGS"). 2. The Council should approve the employment of Lyman Henn, Inc., to provide consulting services to the City Attorney in connection with the WAGS dispute. Funding Source: Undesignated Sewer Projects Fund Balance Recommended Action: Motion to. 1 . Appropriate up to $250,000 from the Sewer Fund, to be used for the employment of the law firm of Gibbs, Giden, Locher & Turner, the engineering firm of Lyman Henn, Inc , and other related expenses in connection with the recovery of Sewer Funds previously expended for WAGS; and 2 Approve the Lyman Henn, Inc. consulting services agreement. Alternative Action(s): Provide alternative direction to the City Attorney regarding the recovery of the Sewer Funds expended on WAGS, as well as the defense of Vadnais Corporation's claims for additional compensation on WAGS. REST FOR CITY COUNCIL MOON MEETING DATE: 4/6/2009 DEPARTMENT ID NUMBER: 09-05 Analysis: Currently, sewage from Huntington Harbor and Sunset Beach is collected by way of a "force main," which pumps the effluent uphill from PCH and Warner to PCH and Los Patos through three pump stations, Stations B, C and D. From Station D, the effluent is pumped to the County main sewer. In February 2002, the Public Works Director authorized Berryman & Henigar, now known as Bureau Veritas ("BV"), to design a new Lift Station D to replace the existing Station D at Warner and Los Patos. The preliminary design report in September 2002 recommended the reconstruction of Lift Station D and the construction of a deep gravity sewer main down Warner Avenue to allow for the elimination of Lift Stations B and C. The advantage of a gravity sewer line is that the effluent runs downhill, avoiding the use of energy for the pump stations. This meant that the 4,100 foot gravity sewer line would be installed at a very slight downhill grade from a depth of only 16.6 feet below finish grade at Warner and PCH, to depth of 35.2 feet at Pump Station D. Constructing such a line at that depth required "microtunneling" instead of open trench construction. Microtunneling is performed remotely by a microtunnel boring machine or "MTBM." The operator controls the machine from a surface control room. Feedback on the MTBM location is provided via a computer console with the grade of the sewer line determined by laser. The clay sewer is pushed in place from behind the MTBM by a process known as "pipe jacking." The City authorized BV to proceed with final design on Lift Station D and the WAGS sewer line in October 2002. Both Lift Station D and WAGS were advertised for bid in November 2004, with bids being opened in January 2005. Bids for the Lift Station D project came in at $4.4 million, very close to the engineer's estimate/budgeted amount, but WAGS came in at $6.6 million, double the engineer's estimate. The City Council awarded the Lift Station D contract. However, the WAGS bids were rejected. BV revised the plans to incorporate cost saving measures. WAGS was rebid in June 2006, and the contract was awarded to Vadnais Corporation on July 17, 2006, for approximately $6.1 million. WAGS construction began on May 8, 2007, with the first 400 foot "drive" from Shaft 2 located at Warner Avenue, to Shaft 1, located at the new Lift Station D site. Like the first drive, the drive from Shaft 2 to 3 was uneventful. However, the clay pipe failed during the drive from Shaft 4 to Shaft 3. While a solution for the cracking pipe was being investigated, Vadnais re-launched the MTBM tunneling from Shaft 4 to Shaft 5, and then from Shaft 6 to Shaft 5. During this !ast drive, Vadnais noticed the pipe rising out of the grade necessary to achieve a gravity flow of effluent. The subsequent pipe survey revealed that the installed sewer line lifted vertically in several areas, with rises ranging from one (1) to five (5) inches in most instances, and in one instance along Drive No. 5, the rise is greater than 10 inches. Ultimately, it was determined -2- 3/25/2009 3:55 PM REST FOR CITY COUNCIL ACOON MEETING DATE: 4/6/2009 DEPARTMENT ID NUMBER: 09-05 that there was no means to repair the installed sewer line. Instead, only the first drive was repaired, so that Pump Station D could be attached to the existing forced sewer line. In October 2008, Mission Clay, the pipe supplier, and filed suit against Vadnais and City to recover the bill for unpaid pipe, which Vadnais refused to pay because it was allegedly defective. In response, the City intends to file a cross-complaint against Vadnais and the design engineer, Bureau Veritas, to recover the approximately $3,100,000 paid as progress payments to Vadnais for the failed WAGS. It is expected that Vadnais will counter-sue for the almost $500,000 invoiced to the City, but not paid, plus further damages for early contract termination. The City Attorney has already been using the law firm of Gibbs, Giden, Locher & Turner to assist City staff attorneys in prosecuting the City's case. The City Attorney also needs to retain an engineering firm to serve as an expert consultant and witness. Insufficient funds are in the City Attorney's account to address these substantial expenses. Consequently, City Council funds are required to provide sufficient funds and to approve the engineering contract. Strategic Plan Goal: F-1 Create long-term financial strategies for funding the backlog of capital projects and maintenance requirements, and ensuring sufficient reserves to withstand major revenue fluctuations in order to ensure continuation of city services during economic downturns. 1-1 Improve the City's plan for funding and completing infrastructure needs, and develop strategies for resolving crucial infrastructure problems to preserve the physical foundation of the community and enable the community's value to grow. Environmental Status: Not applicable. Attachment(s): DescriptionCity Clerk's Page Number No. 1. Consulting Agreement 2. Financial Impact Statement -3- 3/25/2009 2:48 PM CONSUL'FING AGRGGNII:iV"I' '['his Consulting Agreement ("Agrcentcro") is cnicrcd into hel•.vccn HENN, h\C.. a Colorado Corporation ("CON''SUL:hANT") and the CI'I'Y OF HUNTINGTO;\ 13EACII ("CITl"'). I. Retention of Consultant. CITY hereby engages CONSULT ANT io serve as its expel consultant in connection with the lawsuit colitled :6/CP Anlu.cin"s luc. v. Vadnais Cb1-1unruiun, ev W. Oran C County Superior Court Case No. 30-2008-001 1 3 320 (the "SERVICES-). CONSULTANT shall provide the SERVICLS pursuant to the direction of the Huntington Beach City Attorney (the "City Anorncy") with that degree of skill :md judgment normally exercised by mcog ized professionals performing SERVICLS of a similar nalurc. 2. CnnmcnsaWn. A. CITY sliall pay CONSULTANT- lot-SERVICES rendered at the talcs as set (colt in the Pee Schedule attached as Exhibit A. It CONSULTANT shall bill CITY on a monthly basis :t the rocs set forth in Exhibit A. CONSULTANT shall provide to CITY iten ired cksAptions of all work rendered in per of the SERVICES. CITY shall pay Al invoices received wilhin thirty (30) days of receipt. C. CONSULTANT shall not exceed Twenty Five Thousand Dollars in fees and expenses without prior approval from CITY. In no even[ may total fees and expenses exceed One Hundred Thousand Dollars (S 100,000,00). 3. Scouc of Services. A. The \Vmncr APCntrc Gravity Sewer line ("\VAGS") was a new. 4.100 feet sewer line to be constructed undcr Warner Avcnuc, from Pacific Coast Highway to the new Pump SwOon D, located at Los Palos Avcnuc and Wainer Avenue, in the City of Huntington Beach. Bureau Vcdws designed the WAGS. The line consisted of a 24 inch clay pipe to be installed using a micro-tunrichng boring machine ("\4TI3\4"). Leighton Consultants, Inc., a subcontractor to Bureau VOWS, prcparcd the Geotech Beal Report and Addendum for the WAGS. The borings Leighton ob(ained indicated that the sewer line was to pass through various types of soil. including Terrace clepnsw lagoonal muds (comprised of clay and silty sand), clay, silly clay. and sanely clay. B. Vadnais Corporation won the bid to build the WAGS. Construction began on August 7. 2006. Vadnais began micro-tunneling under Warner Avcnuc from Pump Station D in a series of 400 Ibo( drives. On January 2 3, 2007, during Drive 3. the N4T13N1 became lodged and inoperable. Vadnais discovered a stress breakage in some of the installed pipe, resulting in pipe flooding. Thejob log indicates that there were variances in the dimensions of the graore end of the pipe, which may have caused cracking when the pipe was jacked using the hiM.4. Vadnais (lien moved on to Drive 4, tvi(hout resolving Drive 3. 31474 1 of 4 C. On N9ay S, 2007. VadKS discoya'ed than the installed pipe was rising behind we \ffBN4 during Drive No. T The suhscqucnt pipe sun•ey revealed that the installed sewer line lifted vertically in several areas, with rises ranging hum one (U to five (5) inches in most instances. and in one instance ;dung Drive No. i, the rise is grc:ncr than 10 inches. Ultimately, it was determined that there was no means to repair the installed line. Instead, only Drive No. I was repaired, so than Pump Station D could be attached to the existing force([ sewer line. D. Nlission Clay has filed suit against the CITY and Vadnais to resin er the bill fur cracked pipe for which Vadnais refused to pay. In response, the CITY intuuls to Ile a cross-complaint against Vadnais and the design engineer, Bureau Veritas to rcc(rver the approximately$3,100,000 paid as progress payments to Vadnais for the failed WAGS. I . It is expected that Vadnais will counter-sue for the almost S500,000 in change orders and invoices for which the CITY has refused to pay. Approximately 5300,000 of these change order are in response to the lift in the pipe. including retaining Legg Geophysical and Spectrum Geophysics to conduct a geophysical investigation. h is expected that Vadnais will contend that the sewer line rose out of alignment clue to subsurface sir latent physical conditions in the suil differing from those indicate([ in the geophysical reports provided by the CITY 's design engineer, Bureau Ve KS. At Bureau Veritas' suggestion, the CITY conducted cure penetration resting ("CPT") in the vicinity of the known rises along the installed ponions of the sewer line. "I'he CPT results allegedly indicate the same soils types described in the Leighton borings. I- In the first phase of the SERVICES, CONSULTANT shall prepare a forensic engineering study and analysis of the \VAGS to determine the cause of the sewer line failure. Work on [his study shall begin once the CITY del iveis to the CONSULTANT the relevant document to begin the analysis. Once the CONSULTANT reviews the documents, 4 shall provide an estimate to the City of the estimated cost of the forensic study. In no event shall the cost of the forensic study exceed Fifty Thousand Dolhu:s (S50.000.00). G. The second phase or Me SERVICES shall be such additional services as the City Auorney directs the CONSULTANT to pertmrn, including but not limited to testifying in :myju hdd or ahermtiye dispute resolUlion proceedings, and analynng Vadnais' change order claims. 4. Confidentiality. A. Privileged and Confidential Information. CONSULTANT'S work shall be deemed "Confidential Attorney \Nark Product" in anticipation of litigation and shall be privileged and protected. Any and all documents. communications and infatuation (including, without limitation, :my oral or written comnumicanions, test results, data, dr ravings, charts, Magrams. maps. analyses. ch'aft or final reports. memoranda, summaries, mental impressions, hmnscripts, digests, and any other written material or and information of any kin([) relating to the SERVICES shall constitute "Privileged and Confidential Information." All reports, drafts of reports. memoranda, charts. maps, drawings. carespondence, and documents of any kind from CONSULTANT to CITY 31874 1 or 4 shall he clearly marked: "CONFIDENTIAL: AYI'ORNLY %VORK PRODUCT R. Use of Privileged and Confidential In(onn:uion. CONSULTANT agrees not to make any use whatsoever of Ptiyile ed and Confidential Infurmation except Or the purpose of pcdonning SERVICES under this Agreement. C. -frcauncnt of PriVilCgcd and Conhdcmial Inlixmaiion. CO�INSUI.A NT shall treat any Privileged and Confidential Information as subjcct to the attorney work, product doctrine. and CONSULTANT shall maintain such PriyilCgcd and Confidential Information in confidence and shall not reveal such information to third parties except it`. (i) CITY pruyides prior written Consent of such disclosure; or (ii) disclosure of such Privileged and Confidential Information is required by ajuclicial Order, administrative order or subpoena. In the event disclosure is required by a judicial order, adminismaiyc order or subpoena, however, CONSULTANT At inonechawly notify CITY and shall c.Xcrcisc its uunost diligCnce to object to disclosure. 5. Ownership and Use of Documents. All documcnis, writings, data :mil materials prepared or developed by CONSULTANT for Cru under this Agreement shall be deemed to be the property of CITY. CONSULTANT shall dCliacr such informalion :uxl materials to CITY upon request. G. Conflict of Interest. During the icnn of ibis Agreement. CONSULTANT shall not perform SERVICES for any other person or entity with respect in the can dICP ladasnies lac. v. Ilwhiais Corporation, et al, Orange County Superior Court Case No. 30-20OS-001 13320 ("LITIGATION") without the prior written consent of CITY. Nlorcover, CONSULTANT shall notify CITY prior to performing any SERVICES for any other Ixrson it such SERVICES may present a conflict of interest during the term of this Agreement. 7. INDEPENDENT CONTRACTOR. CONSULTANT is, and shall he. acting at all times in the performance of this Agreement as an independent contactor herein and not as :in employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment or all taxes, social security, slate disability insurance cumpensation, 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. S. GOVERNING LAW AND VENUE. This Agreement shall be governed and consumed in accordance with the laws of the Sunc of California. and venue fur am action regarcling a dispwc about this Agreement shall be in Orange County. 9. ENTIRETY AND ]yIODIFICATION. ']'his Agreement, and the auachcd exhibits. contain the entire agreement bet"ven the panics respecting the subject matter of this Agrceme m, and supersede all prior underst ildings and agreements whether oral or in writing hctwcen the parties respecting the subject matter hereof. No waiver or 31S74 3 of modification of any language in this Agreement shall be valid unless in writing and duly executed by all the parties. LYMAN 1[ENN, INC., CITY OF HUNTINGTON BEACH, a a Colorado Coipor tion municipal corporation of the State of California By: 2 4-we/:s 6 , President Slayor AND By: �c 61 Clerk 41�0 N• `N S1ev c^ e. Kvek�,Secretary 71 A D AS TO FORM: REVIEW A D APPROVED: C4 Attorney ty dministrator IN A ED AN PPROVED: D' ctorofPublic Works 31874 4 of 4 Lynian Henn.L:c. lanuary 7009 09.35 Standard Fee Schedule Fees for Sers-ices (2) Use of public canicrs,airplanes,rental Pees for services will be based on the time worked on the cars,truths,boats,or other means of project by staff personnel plus eimbursablc expenses. transpoilarion; The fee will be cornputcd as follows: b) Reproduction and printing costs for reports. I. Labor related fees will be computed based on drawings,and ether project records. persomtel billing rates in cffccu at the time the services are pnfor,rd. Pusonnel billing r tes we e) Shipping charges for water,soil and rock subject to revision rxi a. aLwwH-4-1»nnwyand-f-lv#y samples,field letting equipment,etc L'xprr+ riPeae -yet- The hourly rates are fully inclusive of mail,overnight delivery or other chasgcs fo• fringe Isanefits,burden and fee.Current rates are as special handling of reports,letters and other follows: project related materials. Classification Hourly Ra(cf$ d) Disposal costs for soil,rock,waste and/or water samples at S0.30 per ounce(fluid measure. Principal 11 234.00 sample container size).S 1.50 per soil sa,nple. Sr.Consultant 11 234.00 and/or S5.00 per box of rock.core. Sr.Associate 10 198.00 Consultant 10 198.00 e) Expendable personal protective equipment Associate 9 179.00 mquued for work on dhe project site. Consultant 9 179.00 Sr.Professional 8 15 L00 0 Purchase of specialized equipment and rental of Sr.Professional 7 135.00 equipment from outside vendors. Sr.Professional 6 128.00 Professional 5 109.00 g) Other project related expenses. Professional 4 99.00 Staff Professional 3 89.00 4. A standard reimbursable fee will be billed at 3.5% Staff Professional 2 84.00 of the total labor invoiced amount I'hc fee is for Staff Professional 1 70.00 project"If phone,long distance phone calls,fasts, Engineering Technician 69.00 dectronie communications and standard postage. Sr.Constmction Insp. 151.00 Construction Insp.2 128.00 S. Subcontractors engaged to perform test borings or Construction Insp. 1 69.00 other field explorations,analytical chemical Office Support 70.00 laboratory services,or other services required by the project will be billed at our cost plus fifteen(15) 2. Overtime hours will be charged at straight time perctnt. rate. Fees for pretrial conferences,depositions and expert lestinlony will be billed at one and one-half 6. Specialized geotechnical,geophysical and (1.5)times the rate quoted above. environmental instrumentation and field supplies required by the project scope will be billed at Lill 3. Direct non-salary expenses will be billed at our cost standard usage nuts, plus fifteen(15)percent or at Lill standard usage rates including: 7. Computer usage associated with CAD/CARD, specialized database management system, a) Transportation and subsistence upenses specialized analysts and other project specific incurred for necessary level,such as: technical applications will be billed at I-lit standard usage tale for supporting sysranu. (1) Use of personal or company vducle will be billed at$0.75 per milt; End of Standard Fee Schedule •begimhing on July 1.2010,and no earlier than twelve(12)months afler a rate increase. No rate increase may exceed three percent(3%).-<1Li Tracy Lyman I off EXHIBIT A Attachment No. 1 COY OF HUNTINGTON BIR4CH Professional Service Contracts Purchasing Certification �4oi/ov 1. Date: 3/11/2009 2. Contract Number: E 3. Department: City Attorney 4. Requested by: Assistant City Attorney, Scott Field 5. Name of consultant: Lyman Henn, Inc., a Colorado corporation 6. Attach the written statement of the specification, conditions, and other requirements for the requested services provided to solicited consultants. The Warner Avenue Gravity Sewer line ("WAGS") was a new, 4,100 feet sewer line to be constructed under Warner Avenue, from PCH to the new Pump Station D, located at Los Patos Avenue and Warner Avenue. The line consisted of a 24-inch clay pipe to be installed using using a micro-tunneling boring machine ("MTBM"). Vadnais Corporation won the bid to build the WAGS. Construction began on August 7, 2006. Vadnais began micro-tunneling under Warner Avenue from Pump Station D in a series of 400-foot "drives." On May 8, 2007, Vadnais discovered that the installed pipe was rising behind the MTBM during Drive No. 5, from Manhole 6 to Manhole 5. The subsequent pipe survey revealed that the installed sewer line lifted vertically in several areas, with rises ranging from one (1) to five (5) inches in most instances, and in one instance along Drive No. 5, the rise is greater than 10 inches. Ultimately, it was determined that there was no means to repair the installed sewer line. Instead, only the first drive was repaired, so that Pump Station D could be attached to the existing forced sewer line. Mission Clay was the pipe supplier, and filed suit (MCP Industries, Inc. v. Vadnais and City of Huntington Beach) to recover the bill for unpaid pipe, which Vadnais refused to pay because it was allegedly defective. In response, the City intends to file a cross-complaint against Vadnais and the design engineer, Bureau Veritas, to recover the approximately $3,100,000 paid as progress payments to Vadnais for the failed WAGS. It is expected that Vadnais will counter-sue for the almost $500,000 invoiced to the City, but not paid, plus approximately $2,000,000 for early contract termination. In this suit, the City will contend that Vadnais breached its construction contract by failing to install the sewer line. Vadnais will contend that the sewer line rose out of alignment due to subsurface or latent physical conditions in the soil differing from those indicated in the geophysical reports provided by the City's design engineer, Bureau Veritas. The City now needs to retain an engineering firm with experience in microtunneling to prepare a forensice engineering study to determine the cause of the sewer line failure. Once the study is completed, the firm will be used to testify in any subsequent judicial or alternative dispute resolution proceedings. The firm also may be used to analyze Vadnais' change order claims made against the City. 7. Amount of the contract: $100,000 8. Are sufficient funds available to fund this contract?' ❑ Yes ® No 9. Is this contract generally described on the list of professional service contracts approved by the City Council?' ❑ Yes ® No 10. Business Unit and Object Code where funds are budgeted: Sewer Fund 11. Is this contract less than $50,000? ❑ Yes ® No 12. Does this contract fall within S50,000 and $100,000? © Yes ❑ No 1. If the answer to this question is "No," the contract will require approval from the City Council CI-W OF HUNTINGTON BI►CH Professional Service Contracts Purchasing Certification 13. Is this contract over$100,000? ❑ Yes ® No (Note: Contracts requiring City Council Approval need to be signed by the Mayor and City Clerk. Make sure the appropriate signature page is attached to contract.) 14. Were formal written proposals requested from at least three available qualified consultants? ® Yes ❑ No 15. Attach list of consultants from whom proposals were requested (including a contact telephone number). Lyman Henn, Inc., Ray Henn, Ph.D, and Tracy Lyman, M.E., 303-534-1100, (Selected.) Received strong recommendation from Sam Baker, Seattle attorney, who retained Tracy Lyman on microtunneling dispute at Los Angeles Harbor. Baker was a guest lecturer at Colorado School of Mines, where both Henn and Lyman teach, and where Dr. Levent Ozdemir(identified below) is on staff. Also recommendations from Michael Barnes, former Counsel for EBMUD, 925-977-3019, Michelle Alamo (Detroit) 313-223-3875 and Scott Gunderson (Wichita) 316-618-3800. Dr. Ray Sterling, Louisiana Tech University, Trenchless Technology Center, 318-257-4072. Dr. Sterling declined to submit a proposal. Dr. Levent Ozdemir, Ph.D., PE, 303-526-1905 and Timothy Coss, President, Microtunneling Inc., 303- 444-2650. Initiallly submitted a proposal, but then withdrew. Dr. Ozdemir was highly recommended by Baker; Coss was recommended, but he is not a PE. Chrisopher Anderson, Navigant Consulting, 949-727-4515. Recommended by outside counsel, William Locher, but for analysis of contractor's claims. Anderson's experience in microtunneling is limited and he is not a PE. 16. Attach proposed scope of work. See "Services" in attached contract. 17. Attach proposed payment schedule. Time and expenses; see "Services" and Exhibit A in attached contract. Depa ent ead Signat r HARb AMADRIL Ce tral Services Manager Attachment No. 2 CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION FINANCE DEPARTMENT TO: FRI"11) A. WILSON, CITY ADNIINIST RATOR FROM: DAN T. VILL.I L.LA, C11A SUBJECT: FIS 2008-09-11 Warner Avenue Gravity Seger Line Project DATE: %IARCFI 25, 2009 As required by Resolution 4832, this Fiscal Impact Statement has been prepared for "Warner Avenue Gravity Sewer Line Project." If the City Council approves- this action (total appropriation $250,000), the estimated undesignated fund balance for the Scorer Projects Fund at September 30, 2009 will be reduced to 5902,000. Dan T. Villella, CPA D"t1'/rs RCA ROUTING SHEET INITIATING DEPARTMENT: City Attorney/Public Works SUBJECT: Warner Avenue Gravity Sewer Line Project COUNCIL MEETING DATE: Aprils 2009 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached El Not A plicable Resolution (w/exhibits & legislative draft if applicable) Attached Not Applicable Tract Map, Location Map and/or other Exhibits Attached El Not Applicable ID Contract/Agreement (w/exhibits if applicable) Attached (Signed in full by the City Attome Not Applicable ❑ Subleases, Third Parry Agreements, etc. Attached (Approved as to fort by City Attome Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached Not Applicable Fiscal Impact Statement (Unbudgeted, over $5,000) Attached Not Applicable Bonds (If applicable) Attached Not Applicable Staff Report (If applicable) Attached Not Applicable Commission, Board or Committee Report (If applicable) Attached Li Not Applicable Findings/Conditions for Approval and/or Denial Attached 11 Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FO R ED Administrative Staff Deputy City Administrator Initial City Administrator Initial City Clerk EXPLANATION FOR RETURN OF ITEM: Only)(Below Space For City Clerk's Use RCA Author S. Field 0 City of HuntingAn Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK April 7, 2009 Lyman Henn, Inc. 110 16'h Street, Suite 700 Denver, CO 80202 To Whom It May Concern: Enclosed for your records a copy of the Consulting Agreement Between the City of Huntington Beach and Lyman Henn, Inc., to provide consulting services in connection with the Warner Avenue Gravity Sewer Line Project (WAGS). Sincerely, Joan L. Flynn, CIVIC City Clerk JF:pe Enclosure Glbllomip:agnmhr sisler Cities: Anitl, Japan • V%Iailakerc, New 7ealanrl (Telephone: 714-536-52271