RES 1998-3565 - Agmt with CH2M Hill Inc for national pollutant discharge elimination system permit (not adopted) F oMAHA,NF6
`1 Public Works Department
Of" ' i 1 Omaha/Douglas Civic Center
. s December 22, 1998 1819 Famam Street,Suite 601
ot•` �'� ti Omaha,Nebraska 68183-0601
4' (402)444-5220
4rF°FEaRVr¢ Telefax(402)444-5248
City of Omaha Don W.Elliott,P.E.
Hal Daub,Mayor Public Works Director
Honorable President
and Members of the City Council,
Transmitted herewith is a Resolution approving an Engineering Services Agreement with CH2M
Hill, Inc., for engineering assistance in order to obtain National Pollutant Discharge Elimination
System Permits for the wastewater treatment plants, combined sewer overflows, and storm water
discharges. The assistance will include meeting with the public, obtaining data, identification of
alternatives and their impact, development of internal plans and a public awareness program, and
development of responses to the permit questions. The details of the Scope of Services are included
in Attachment "A" to the agreement.
CH2M Hill, Inc., was selected by the Architectural/Engineering Selection Committee for this
project. CH2M Hill has agreed to perform the engineering services detailed in the agreement for a
fee of$219,424.00. This will be paid from the Sanitary Sewer Improvement organization 1485,
Fund 544.
CH2M Hill, Inc., has filed the required Annual Contract Compliance Report Form, CC-1, in the
Human Relations Department. The Human Relations Director will review the consulting firm to
determine its compliance with Ordinance 28885.
The Public Works Department requests your consideration and approval of the attached Resolution
and Agreement.
espectfuZ submitte , Referred the City Co cil for Consideration:
?///q3 • 0/17
Don W. Elliott, P.E. Date Mayor's Office/Title Date
Public Works Director
Approv;a: Approved as to Funding:
/VON/ /°.de/14;41L'A /al/3 Ar
George . is, Jr. Date y,Vouis A. D':'cole r Date
Human elations Director Tinance Director
P:WW1\6407.MAF -
CHMHILL STANDARD AGREEMENT FOR PROFESSIONAL SERVICES
This AGREEMENT is BETWEEN CH2M HILL, INC., ("ENGINEER"), and
City of Omaha Public Works Department ,(OWNER")
for a PROJECT generally described as:
Permitting Assistance for Storm Water, Combined Sewer Overflows (CSOs) and Wastewater Discharges
into the Missouri River and Its Tributaries
Article 1. Scope of Services sional engineering consultation and advice and furnishing
The Scope of Services is set forth in Attachment A. customary Services incidental thereto.
B. Standard of Care
Article 2. Compensation The standard of care applicable to ENGINEER's Services will
ENGINEER's compensation is set forth in Attachment B. be the degree of skill and diligence normally employed by
professional engineers or consultants performing the same or
Article 3. Terms of Payment similar Services at the time said services are performed.
Payment to ENGINEER will be made as follows: ENGINEER will reperform any services not meeting this
standard without additional compensation.
A. Invoices and Time of Payment
Monthly invoices will be issued by ENGINEER for all services C. Subsurface Investigations
performed under this AGREEMENT. Invoices are due and In soils, foundation, groundwater, and other subsurface
payable on receipt. investigations,the actual characteristics may vary significantly
Upon completion of Services enumerated in Article 1,the final between successive test points and sample intervals and at
payment of any balance will be due upon receipt of the final locations other than where observations, exploration, and
invoice. investigations have been made. Because of the inherent
uncertainties in subsurface evaluations, changed or
B. Interest unanticipated underground conditions may occur that could
Interest at the rate of 1-1/2% per month, or that permitted by affect total PROJECT cost and/or execution.These conditions
law if lesser, will be charged on all past-due amounts starting and cost/execution effects are not the responsibility of
30 days after date of invoice. Payments will first be credited to ENGINEER.
interest and then to principal. D. ENGINEER's Personnel at Construction Site
In the event of a disputed or contested billing,only that portion The presence or duties of ENGINEER's personnel at a
so contested will be withheld from payment, and the
undisputed portion will be paid. OWNER will exercise construction site, whether as onsite representatives or
reasonableness in contesting any bill or portion thereof. No otherwise, do not make ENGINEER or ENGINEER's person-
interest will accrue on any contested portion of the billing until nel in any way responsible for those duties that belong to
mutually resolved. OWNER and/or the construction contractors or other entities.
If OWNER fails to make payment in full to ENGINEER for and do not relieve the construction contractors or any other
services within 60 days of the date due for any uncontested entity of their obligations, duties, and responsibilities,
billing, ENGINEER may, after giving 7 days' written notice to including, but not limited to, all construction methods, means,
OWNER, suspend services under this AGREEMENT until techniques, sequences, and procedures necessary for
paid in full, including interest. In the event of suspension of coordinating and completing all portions of the construction
services, ENGINEER will have no liability to OWNER for work in accordance with the construction Contract Documents
delays or damages caused by OWNER because of such and any health or safety precautions required by such
suspension of services. construction work. ENGINEER and ENGINEER's personnel
have no authority to exercise any control over any
Article 4. Obligations of ENGINEER construction contractor or other entity or their employees in
Amendments to Article 4, if any, are included in Attachment C. connection with their work or any health or safety precautions
and have no duty for inspecting, noting, observing, correcting,
A. General or reporting on health or safety deficiencies of the construction
ENGINEER will serve as OWNER's professional engineering contractor(s) or other entity or any other persons at the site
representative under this AGREEMENT, providing profes except ENGINEER's own personnel.
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The presence of ENGINEER's personnel at a construction site H. Minority-and Women-Owned Businesses; ,
is for the purpose of providing to OWNER a greater degree of OWNER-Specified Subcontractors
confidence that the completed work will conform generally to ENGINEER will comply with OWNER's directives in utilizing
the Contract Documents and that the integrity of the design the services of OWNER-specified subcontractors and/or
concept as reflected in the Contract Documents has been minority- and women-owned businesses on the PROJECT. 4
implemented and preserved by the construction contractor(s). Firms selected by ENGINEER to meet said directives will be
ENGINEER neither guarantees the performance of the subject to approval of OWNER.
construction contractor(s) nor assumes responsibility for ENGINEER's liability arising from the work of said subcon-
construction contractors failure to perform work in accordance tractors or businesses is limited to proceeds available from
with the Contract Documents. their insurances.
For this AGREEMENT only, construction sites include places
of manufacture for materials incorporated into the construction I. Access to ENGINEER's Accounting Records
work, and construction contractors include manufacturers of ENGINEER will maintain accounting records, in accordance
materials incorporated into the construction work. with generally accepted accounting principles and practices,
to substantiate all invoiced amounts. These records will be
E. Opinions of Cost, Financial Considerations, and available to OWNER during ENGINEER's normal
Schedules business hours for a period of 1 year after ENGINEER's final
In providing opinions of cost, financial analyses, economic invoice for examination to the extent required to verify the
feasibility projections, and schedules for the PROJECT, direct costs (excluding established or standard allowances
ENGINEER has no control over cost or price of labor and and rates) incurred hereunder. OWNER may only audit
materials; unknown or latent conditions of existing equipment accounting records applicable to a cost-reimbursable type 1
or structures that may affect operation or maintenance costs; compensation. 1
competitive bidding procedures and market conditions;time or
quality of performance by third parties; quality, type, J. ENGINEER's Insurance
management, or direction of operating personnel; and other ENGINEER will maintain throughout this AGREEMENT the
economic and operational factors that may materially affect following insurance:
the ultimate PROJECT cost or schedule. Therefore,
ENGINEER makes no warranty that OWNER's actual (a) Worker's compensation and employer's liability insurance
PROJECT costs, financial aspects, economic feasibility, or as required by the state where the work is performed.
schedules will not vary from ENGINEER's opinions, analyses, (b) Comprehensive automobile and vehicle liability insurance
projections, or estimates. covering claims for injuries to members of the public
If OWNER wishes greater assurance as to any element of and/or damages to property of others arising from use of
PROJECT cost, feasibility, or schedule, OWNER will employ motor vehicles,including onsite and offsite operations, and
an independent cost estimator, contractor, or other owned, nonowned, or hired vehicles, with $1,000,000
appropriate advisor. combined single limits.
(c) Commercial general liability insurance covering claims for
F. Construction Progress Payments injuries to members of the public or damage to property of
Recommendations by ENGINEER to OWNER for periodic others arising out of any covered negligent act or omission
construction progress payments to the construction of ENGINEER or of any of its employees, agents, or
contractor(s) will be based on ENGINEER's knowledge, infor- subcontractors,with$1,000,000 per occurrence and in the
mation, and belief from selective sampling that the work has aggregate.
progressed to the point indicated. Such recommendations do (d) Professional liability insurance of $1,000,000 per
not represent that continuous or detailed examinations have occurrence and in the aggregate.
been made by ENGINEER to ascertain that the construction (e) OWNER will be named as an additional insured with
contractor(s) have completed the work in exact accordance respect to ENGINEER's liabilities hereunder in insurance
with the Contract Documents; that the final work will be coverages identified in items (b) and (c) and ENGINEER
acceptable in all respects; that ENGINEER has made an waives subrogation against OWNER as to said policies.
examination to ascertain how or for what purpose the
construction contractor(s) have used the moneys paid; that Article 5. Obligations of OWNER
title to any of the work, materials, or equipment has passed to Amendments to Article 5,if any, are included in Attachment C.
OWNER free and clear of liens, claims, security interests, or
encumbrances; or that there are not other matters at issue A. OWNER-Furnished Data
between OWNER and the construction contractors that affect OWNER will provide to ENGINEER all data in OWNER's
the amount that should be paid. possession relating to ENGINEER's services on the
PROJECT. ENGINEER will reasonably rely upon the
G. Record Drawings accuracy, timeliness, and completeness of the information
Record drawings, if required, will be prepared, in part, on the provided by OWNER.
basis of information compiled and furnished by others, and
may not always represent the exact location, type of various B. Access to Facilities and Property
components, or exact manner in which the PROJECT was OWNER will make its facilities accessible to ENGINEER as
finally constructed. ENGINEER is not responsible for any required for ENGINEER's performance of its services and will
errors or omissions in the information from others that is provide labor and safety equipment as required by
incorporated into the record drawings. ENGINEER for such access.OWNER will perform, at no cost
Record drawings will consist only of the signed and sealed set to ENGINEER, such tests of equipment, machinery, pipelines,
of drawings in hard copy form. Any computer-generated files and other components of Ot1VNER's facilities as may be
on diskettes or tapes furnished by ENGINEER are for required in connection with ENGINEER's lervices, unless
OWNER and others' convenience and to be utilized at users otherwise agreed to. OWNER will be responsrcre,f all acts
sole risk. OWNER'S personnel. ;t`
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Advertisements, Permits,and Access (a) OWNER will maintain property insurance on all pre-
Unless otherwise agreed to in the Scope of Services, OWNER existing physical facilities associated in any way with the
will obtain, arrange, and pay for all advertisements for bids; PROJECT.
permits and licenses required by local, state, or federal (b) OWNER will provide for a waiver of subrogation as to all
authorities; and land, easements, rights-of-way, and access OWNER-carried property damage insurance, during
necessary for ENGINEER's services or PROJECT construction and thereafter, in favor of ENGINEER,
construction. ENGINEER's officers, employees, agents, and
subcontractors.
D. Timely Review (c) OWNER will provide (or have the construction con-
OWNER will examine ENGINEER's studies, reports, tractor(s) provide) a Builders Risk All Risk insurance policy for
sketches, drawings, specifications, proposals, and other the full replacement value of all PROJECT work including the
documents;obtain advice of an attorney, insurance counselor, value of all onsite OWNER-furnished equipment and/or
accountant, auditor, bond and financial advisors, and other materials associated with ENGINEER's services. Such policy
consultants as OWNER deems appropriate; and render in will include coverage for loss due to defects in materials and
writing decisions required by OWNER in a timely manner. workmanship and errors in design,and will provide a waiver of
subrogation as to ENGINEER and the construction
E. Prompt Notice contractor(s) (or OWNER), and their respective officers,
OWNER will give prompt written notice to ENGINEER employees, agents, affiliates, and subcontractors. OWNER
whenever OWNER observes or becomes aware of any will provide ENGINEER a copy of such policy.
development that affects the scope or timing of ENGINEER's
Services, or of any defect in the work of ENGINEER or J. Litigation Assistance
construction contractors. The Scope of Services does not include costs of ENGINEER
for required or requested assistance to support, prepare, •
F. Asbestos or Hazardous Substances and document, bring, defend, or assist in litigation undertaken or
Indemnification defended by OWNER. All such Services required or
If asbestos or hazardous substances in any form are requested of ENGINEER by OWNER, except for suits or
encountered or suspected, ENGINEER will stop its own work claims between the parties to this AGREEMENT, will be
in the affected portions of the PROJECT to permit testing and reimbursed as mutually agreed, and payment for such
evaluation. Services shall be in accordance with Article 3, unless and until
If asbestos is suspected, ENGINEER will, if requested, there is a finding by a court or arbitrator that ENGINEER's
manage the asbestos remediation activities using a qualified sole negligence caused OWNER's damage.
subcontractor at an additional fee and contract terms to be
negotiated. K. Changes
If hazardous substances other than asbestos are suspected, OWNER may make or approve changes within the general
ENGINEER will conduct tests to determine the extent of the Scope of Services in this AGREEMENT. If such changes
problem and will perform the necessary studies and affect ENGINEER's cost of or time required for performance of
recommend the necessary remedial measures at an the services,an equitable adjustment will be made through an
additional fee and contract terms to be negotiated. amendment to this AGREEMENT.
To the maximum extent permitted by law, OWNER will
indemnify ENGINEER and ENGINEER's officers, employees, L. Services of ENGINEER
subcontractors, and affiliated corporations from all claims, Unless this AGREEMENT is modified or terminated, OWNER
damages, losses, and costs, including, but not limited to, will have all Services specified in this AGREEMENT
attomey's fees and litigation or dispute resolution expenses performed by ENGINEER, employing ENGINEER's standard
arising out of or relating to the presence, discharge, release, form and content of drawings, specifications, and Contract
or escape of hazardous substances, contaminants, or Documents, generally conforming to the standards,
asbestos on, under, or from the PROJECT. recommendations, and content of the Construction
Specifications Institute (CSi) and Engineers Joint Contract
G. Contractor Indemnification and Claims Documents Committee (EJCDC), and subject to OWNER's
OWNER agrees to include in all construction contracts the review and approval.
provisions of Article 40, ENGINEER's Personnel at Con-
struction Site, and provisions providing contractor indem- Article 6. General Legal Provisions
nification of OWNER and ENGINEER for contractors Amendments to Article 6, if any,are included in Attachment C.
negligence.
A. Authorization to Proceed
H. Exclusion of Contractor Claims Execution of this AGREEMENT by OWNER will be autho-
OWNER agrees to include the following clause in all contracts rization for ENGINEER to proceed with the work, unless
with construction contractors, and equipment or materials otherwise provided for in this AGREEMENT.
suppliers:
"Contractors, subcontractors, and equipment and material S. Reuse of PROJECT Documents
All reports, drawings, specifications, documents, and other
suppliers on the project, or their sureties, shall maintain no deliverables of ENGINEER, whether in hard copy or in
direct action against ENGINEER, ENGINEER's officers,
employees, affiliated corporations, and subcontractors for any electronic form, are instruments of service for this PROJECT,
whether the PROJECT is completed or not. Reuse on another
claim arising out of, in connection with, or resulting from the project, change, or alteration by OWNER or by others acting
engineering services performed. OWNER will be the only
beneficiary of any undertaking by ENGINEER." through or on behalf of OWNER of any such instruments of
service without the written permission of ENGINEER will be at
I. OWNER's Insurance OWNER's sole risk. OWNER agrees to indemnify ENGINE
and ENGINEER's officers, employees, sub .ntr-, ors d
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affiliated corporations from all claims, damages, losses, and This is a bilateral personal Services AGREEMENT. Neither
costs, including, but not limited to, litigation expenses and party shall have the power to or will assign any of the duties or "
attomey's fees arising out of or related to such unauthorized rights or any claim arising out of or related to this agreement,
reuse,change or alteration. whether arising in tort, contract or otherwise, without the
written consent of the other party. Any unauthorized
C. Force Majeure assignment is void and unenforceable. These conditions and
ENGINEER is not responsible for damages or delay in the entire AGREEMENT are binding on the heirs, successors,
performance caused by acts of God, strikes, lockouts, and assigns of the parties hereto.
accidents,or other events beyond the control of ENGINEER.
J. Consequential Damages
D. Limitation of Liability In no event will ENGINEER, ENGINEER's affiliated cor-
To the maximum extent permitted by law, ENGINEER's porations,officers, employees, or subcontractors be liable for
liability for OWNER's damages for any cause or combination special, indirect, or consequential damages, and in order to
of causes will, in the aggregate, not exceed the compensation protect ENGINEER against indirect liability or third-party
received by ENGINEER under this AGREEMENT. This article proceedings, OWNER will indemnify ENGINEER for any such
takes precedence over any conflicting article of this loss or damage.
AGREEMENT or any document incorporated into it or
referenced by it. K. Interpretation and Waivers
Limitations on liability and indemnities in this AGREEMENT
E. Termination are business understandings between the parties and will
This AGREEMENT may be terminated for convenience on apply to ail the different theories of recovery, including breach
30 days' written notice, or for cause if either party fails of contract or warranty, tort including negligence, strict or
substantially to perform through no fault of the other and does statutory liability, or any other cause of action, except the
not commence correction of such nonperformance within limitations will not apply to willful misconduct or gross
5 days of written notice and diligently complete the correction negligence for limitation of liability or sole negligence for
thereafter. indemnification. Parties means OWNER and ENGINEER, and
On termination, ENGINEER will be paid for all authorized their officers, employees, agents, affiliates, and
services performed up to the termination date plus termination subcontractors.
expenses, such as, but not limited to, reassignment of The parties also agree that OWNER will not seek damages in
personnel, subcontract termination costs, and related closeout excess of the limitations indirectly through suits with other
costs. parties who may join ENGINEER as a third-party defendant.
OWNER waives all claims against ENGINEER, including
F. Suspension, Delay,or Interruption of Work those for latent defects, that are not brought within 2 years of
OWNER may suspend, delay, or interrupt the Services of substantial completion of the facility designed or final payment
ENGINEER for the convenience of OWNER. In the event of to ENGINEER,whichever is earlier.
force majeure or said suspension, delay, or interruption, an
equitable adjustment in the PROJECTs schedule, L. Jurisdiction
commitment, and cost of ENGINEER's personnel and The law of the State of Nebraska
subcontractors, and ENGINEER's compensation will be made. shall govem the validity of this AGREEMENT,its interpretation
G. No Third-Party Beneficiaries and performance,and any other claims related to it.
This AGREEMENT gives no rights or benefits to anyone other M. Severability and Survival
than OWNER and ENGINEER and has no third-party If any of the Provisions contained in this AGREEMENT are
beneficiaries. held for any reason to be invalid, illegal, or unenforceable, the
H. Indemnification •
enforceability of the remaining provisions shall not be impaired
thereby.
(a) ENGINEER agrees to indemnify OWNER from any claims, Limitations of liability, indemnities, and other express
damages, losses, and costs, including, but not limited to, representations shall survive termination of this AGREEMENT
attomey's fees and litigation costs, arising out of claims by for any cause.
third parties for property damage and bodily injury, including
death,caused solely by the negligence or willful misconduct of N. Materials and Samples
ENGINEER, ENGINEER's employees, affiliated corporations, Any items, substances, materials, or samples removed from
officers,and subcontractors in connection with the PROJECT. the PROJECT site for testing, analysis, or other evaluation will
(b) OWNER agrees to indemnify ENGINEER from any claims, be returned to the PROJECT site within 60 days of PROJECT
damages, losses, and costs, including, but not limited to, close-out unless agreed to otherwise. OWNER recognizes
attomey's fees and litigation costs, arising out of claims by and agrees that ENGINEER is acting as a bailee and at no
third parties for property damage and bodily injury, including time assumes title to said items, substances, materials, or
death, caused solely by the negligence or willful misconduct of samples.
OWNER, OWNER's employees, or agents in connection with
the PROJECT. 0. Contract Documents
(c) If the negligence or willful misconduct of both ENGINEER Contract Documents are limited to the sealed and signed hard
and OWNER (or a person identified above for whom each is copies. Computer-generated drawing files on diskettes or
liable) is a cause of such damage or injury, the loss, cost, or tapes furnished by ENGINEER are for OWNER or others'
expense shall be shared between ENGINEER and OWNER in convenience. Any conclusions or information derived or
proportion to their relative degrees of negligence or willful obtained from these files will be at user's sole risk.
misconduct and the right of indemnity shall apply for such
proportion. P. Change Orders
The OWNER agrees to hold the ENGINEER harmless f a
I. Assignment change order costs not due to the EN INEER's neglig t
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acts, errors, or omissions. OWNER also agrees to hold for work that would not have occurred if the negligent acts,
•
ENGINEER harmless for ENGINEER caused change order errors,or omissions had been absent.
costs resulting from negligent acts or omissions that total less Costs of additions, improvements,betterments, or other value
than 2 percent of the final cost of added work will not be included in the percentage whether or
construction. The portion of ENGINEER caused change not caused by ENGINEER's negligent acts, errors, or •
orders applicable to the percentage will be those extra costs omissions. Occurrence of unforeseen, unexpected, changed,
or unusual subsurface conditions will not be considered as
errors and omissions of the ENGINEER.
The parties will not include within the percentage any extra
costs that fall outside the standard of care criteria because of
a dear deviation from reasonable standards of the profession.
Construction cost is defined as the total cost to the OWNER
for the construction,excluding costs of engineering and other
professional services, land, and rights-of-way and
administrative costs, but including all construction contracts
and the value of all labor, materials, and equipment furnished
by the OWNER.
Article 7. Attachment, Schedules, and Signatures
This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT,supersedes all prior_written or oral
understandings, and may only be changed by a written amendment executed by both parties. The following attachment and
schedules are hereby made a part of this AGREEMENT:
Attachment A-Scope of Services Attachment B-Compensation
IN WITNESS WHEREOF, the parties execute below:
For OWNER, City of Omaha
dated day of , 19
this
By:
Name Title
By:
Name Title
By:
Name Title
For ENGINEER, CH2M HILL, INC.,NOVV
dated this Z �-�day of l OV�•vr�l�i\� , 19 1 8,
By: h---- ►Y Cam— \J« — p feiSAf
Name Title
7
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Attachment A
Attachment A to the AGREEMENT between CH2M HILL(the ENGINEER),and the City of Omaha
(the OWNER), for a PROJECT generally described as"Permitting Assistance for Storm Water,
Combined Sewer Overflows(CSOs) and Wastewater Discharges into the Missouri River and Its
Tributaries."
ARTICLE 1. SCOPE OF SERVICES
The purpose of this project is to obtain National Pollutant Discharge Elimination System(NPDES)
Permits for the OWNER'S wastewater treatment plants,combined sewer overflows and storm water
discharges. The goal is to develop permit conditions that meet regulatory requirements and protect
the environment in a manner that allows the OWNER to use its resources efficiently.
ENGINEER agrees to furnish OWNER the following services:
A. MAJOR PROJECT ASSUMPTIONS
The ENGINEER and OWNER hereby agree to the following assumptions regarding the
SCOPE OF SERVICES, in addition to the assumptions stated throughout this SCOPE OF
SERVICES. Changes to these or other assumptions shall represent a change of scope and
may require adjustment to ENGINEER'S compensation and/or schedule:
1.) Following each workshop conducted as part of this PROJECT and on periodic basis,
the ENGINEER and OWNER shall determine if the SCOPE OF SERVICES has
changed enough to warrant a scope, compensation and/or schedule adjustment.
2.) The OWNER shall be responsible for any water quality sampling and analysis that
may become necessary as part of the review of the permits unless this SCOPE OF
SERVICES is modified to reflect otherwise.
B. PROJECT MANAGEMENT
1.) At the beginning of the PROJECT,the ENGINEER shall prepare Project Instructions for
use by the Project Team. The instructions shall include project background,definition of
project requirements, goals, objectives,schedule, budget constraints and QA/QC
procedures.
2.) ENGINEER shall perform other needed project management duties such as PROJECT
set-up and closeout,budget and schedule monitoring.project team coordination,and
invoice preparation.
3.) ENGINEER shall provide Microsoft NetMeeting to each member of the Core Group.
ENGINEER shall provide brief instruction on the use of the software.
C. PROJECT DIRECTION—DRAFT PROJECT STRATEGY -
1.) Kick Off Workshop
A maximum two-day Kick Off Workshop shall be held at the beginning of the
PROJECT. The purpose of the workshop will be to develop a draft project strategy
for completion of the permits, identify special interest groups and how to best
identify their concerns, determine needed information and agree upon a peer review
concept. The workshop participants will be the Core Group, which consists of
representatives of the OWNER,NDEQ, US EPA Region VII and the ENGINEER.
It is assumed that the following individuals will attend on behalf of the ENGINEER:
•
Project Manager, Project Engineer,and Technical Advisors for CSOs, Storm Water,
Watersheds, Strategy and Policy,and WWTP Discharges. It is assumed that two of
the Core Group will attend via telephone for appropriate portions of the Workshop.
Meeting notes shall be prepared and issued by the ENGINEER following the
workshop.
2.) The OWNER will supply the ENGINEER with copies of existing information on the
Storm Water, CSOs and wastewater discharges. This includes current permits,
permit applications,monitoring data, control plans, as-built drawings(if applicable),
maps, reports developed by other consultants which impact permit development and
other items as deemed necessary to complete the PROJECT. This information will
be collected from the OWNER. Following the Project Direction Workshop, the
ENGINEER and OWNER will meet to determine what additional information may
be necessary and make arrangements for obtaining this information.
D. PROJECT PROCESS ' " " ' • • '
1.) COLLECT DATA:
a.) With the assistance of the OWNER,the ENGINEER shall gather and summarize
data that is necessary to formulate a final strategy for completion of the
PROJECT. Data includes written reports and information as discussed in
paragraph C.2. as well as information supplied by others. This will include
meeting with City Departments that could be impacted by the issuance of one or
more of the permits to gather information necessary to update the permit
applications and to make recommendations for permit conditions and language.
The Departments to be involved will be determined in the Kickoff Workshop. It
is assumed that all there will be up to four meetings,arranged by the OWNER. It
is anticipated that the OWNER and the ENGINEER's Project Manager and
Project ENGINEER will attend these meetings. It is assumed that all the
meetings will take place during a single one to three day period. Meeting notes
shall be prepared and issued by the ENGINEER following the meetings.
b.) The ENGINEER shall gather information on different alternatives for permitting
of Storm Water, CSO and wastewater discharges. This will include review of
EPA guidance on permitting,discussions with other permit holders,regulatory
agencies and others.
c.) The ENGINEER shall summarize the information in items a and b above in a
Technical Memorandum ("TM"). The TM also will note areas where additional
information may be necessary. The TM will include a review of the Nine
Minimum Controls Plan (NMC), storm water permit application, wastewater
permit applications and comments received by the OWNER or provided to the
OWNER by the NDEQ or EPA. The ENGINEER will review the SCOPE OF
SERVICES, specifically paragraph E.1.c, for updating the NMC upon
completion of this task. The purpose of this review is to ensure that there is
sufficient SCOPE and Compensation for completion of the Update. If
insufficient the OWNER and ENGINEER will negotiate adjustments in the
SCOPE OF SERVICES and or COMPENSATION.
2.) PROJECT STRATEGY WORKSHOP—FINALIZE PROJECT STRATEGY
a.) A two-day Project Strategy Workshop shall be held upon completion of data
collection activities. The purpose of the workshop will be to finalize the project
for completion of thepermits including the gatheringof additional `
strategy p
information,development of permit requirements, and agreeing upon a public
involvement program. The workshop participates will be the Core Group which
includes representatives of the Owner,NDEQ, EPA and the ENGINEER as
described previously with the addition of the ENGINEER's Public Involvement
Specialist. Meeting notes shall be prepared and issued following the workshop
by the ENGINEER.
3.) PUBLIC INVOLVEMENT
Public involvement activities will occur throughout the Project Process and Permit
Development phases of work. Activities include meeting with special interest groups,
organization of a Watershed Group or Technical Advisory Committee and
conducting of a public awareness program.
a.) Define Watershed: The ENGINEER shall evaluate the watershed boundaries and
make recommendations on boundary conditions that describe what areas should
be included in the"permitting watershed" and suggest areas outside of this area
that could impact the"permitting watershed." The ENGINEER shall supply this
information to the OWNER in a TM which summarizes the process used,the
recommendations and includes a map showing the boundary conditions.
b.) Obtain input from Interested Public: A Watershed Group or Technical Advisory
Committee will be established to provide, at least initially, their thoughts and
areas of concern with the permit requirements on each of the permits. The final
plan for obtaining public involvement/participation will be developed during the
Kick Off Workshop.
(i) The determination of which special interest groups may have interest
in this process and the method best to obtain their involvement will
be determined during the Kickoff Workshop. The OWNER and the
ENGINEER's Project Engineer will meet with the special interest
group,(i.e. Watershed Group or Technical Advisory Committee)to
identify issues and concerns that they may have concerning the
OWNER's discharges permit requirements.It is assumed that there
will be up to two meetings, arranged by the OWNER. The format
for the meetings will be determined during the Kick Off meeting.
The ENGINEER shall draft meeting notes. i
(ii) The ENGINEER shall develop a strategy for involvement of
interested parties based on the results of meetings held as part of(i)
above at the Project Strategy Workshop. The Project Engineer shall
provide technical assistance to the OWNER in further meetings of a
Watershed Group or Technical Advisory Committee or other special
interest groups. Up to two meetings are assumed for the purpose of
assisting the OWNER in the organization and development of a
watershed group or Technical Advisory Group. It is assumed that
the OWNER will make meeting arrangements.
(iii) The ENGINEER shall assist the OWNER in meeting with the special
interest groups, Watershed Group or the Technical Advisory
Committee to educate this group on the regulatory requirements the
OWNER faces for its CSO, Storm Water and WWTP discharges,
and the programs it has developed to meet these requirements. The
ENGINEER's Project Engineer will attend these meetings. The
results of these efforts will be feedback from the special interest
groups on the permit conditions. Up to three meetings are included
in the scope. The OWNER will be responsible for arranging
meetings.
c.) Conduct Public Awareness Program: The ENGINEER shall assist the
OWNER in developing a Public Awareness Program that meets the criteria
developed by the Core Group during the Project Strategy Workshop. It is
assumed that this Program will be aimed at education of the general public
on the PROJECT. The ENGINEER,with assistance from the OWNER,will
develop up to four newsletters or fact sheets to be distributed by the
OWNER. It is assumed that the Owner will provide some of the information
for the Fact Sheets. The focus of the newsletters will be discussed in the
• ." Project Strategy Workshop.
E. PERMIT DEVELOPMENT:
1.) EVALUATE/UPDATE PREVIOUS WORK
a.) The Engineer shall update the storm water and wastewater discharge permit
applications as necessary based on information gathered in D.1 and the strategy
developed in the Project Strategy Workshop. This could include revised
descriptions of the existing and proposed management programs in the storm
water permit or the water quality and quantity data submitted as part of the
WWTP permits. The ENGINEER shall propose the necessary updates in the
form of a TM.
b.) The ENGINEER shall suggest updates and implementation strategies to the Nine
Minimum Controls Plan. The suggested updates will be in the form of TMs for
each Control. As part of the update, the ENGINEER will assist the OWNER in
the evaluation of the WWTP as required in the nine minimum controls. Stress
testing of the treatment plant by the ENGINEER is not included under this scope.
2.) DEVELOP FACT SHEETS
The ENGINEER shall develop a basis for permit requirements for each of the permits.
This will involve development of Fact Sheets or TMs that will cover the basis for the
permit requirement and suggest permitting language. Each Fact Sheet or TM will include
the regulatory citation and basis of the requirement, an interpretation of the regulatory
language, suggested alternatives for meeting the requirement and recommended permit
requirements and justification.The areas where TMs are appropriate will be determined
during the Project Strategy Workshop. Likely areas include:
a.) Stormwater: Likely Fact Sheets or TMs include the Illicit Discharge
Program,Construction Program, Residential/Commercial Programs, Public
Education Program,and incorporation of multiple parties into the permitting
process.
b.) Wastewater Treatment Plants: Likely areas for Fact Sheets or TMs include
proposed changes to address the CSO discharges and implementation of the
nine minimum controls and proposed changes in the WWTP permits to
address previously voiced concerns.
c.) CSOs: Likely areas for Fact Sheets or TMs include proposed language for
incorporation of the Nine Minimum Controls into a permit and a strategy for
the development of a Long Term Control Plan.
3.) OBTAIN CORE GROUP COMMENTS
The ENGINEER will obtain comments on the final draft of the different TMs from the
whole Core Group including the NDEQ and US EPA Region VII. Up to this point it is
assumed that the permit specific Technical Advisor and NDEQ representatives has
reviewed the TMs,but not the whole Core Group. It is anticipated that these discussions
can occur as conference calls for each of the permits. The ENGINEER shall modify the
TMs as appropriate.
4.) DRAFT PERMITS
The ENGINEER shall draft the rationale or fact sheets and permits to meet NDEQ and
US EPA Region VII requirements. The ENGINEER shall submit draft permits along
with an electronic copy of the permit to the OWNER and NDEQ.
5.) CSO LONG TERM CONTROL PLAN
It is not necessary or practical to have the Long Term Control Plan developed prior to the
issuance of a CSO permit. It will be necessary to commence development of a strategy
for the development of the Long Term Control Plan prior to issuance of the permit for the
CSOs, so that an appropriate schedule can be determined. The purpose of this task is to
determine what information will be need to be developed so that a Long Term Control
Plan can be developed.
a.) The ENGINEER shall assist the OWNER in the development of strategy for a
Long-Term Control Plan. This will be done through a series of TMs that address
elements that need to be evaluated prior to development of the Long Term
Control Plan. This will include TMs on:
(i) Characterization,Monitoring,and Modeling of the Combined Sewer
System: The ENGINEER shall
• Review existing information on the range of storm events and
the corresponding response of the sewer system;
• Evaluate the number location and frequency of the CSOs,
• Evaluate the volume, concentration and mass of pollutants
discharged and the impacts of the CSOs on the receiving streams
and their uses.
• Based on the review of this data,the ENGINEER shall make
conclusions on the character of the CSO system and make
recommendations for further data gathering or analysis.
Modeling of the CSO system is not included under this SCOPE
of SERVICES.
(ii) Public Participation: The ENGINEER shall assist the OWNER in
determining those entities that could be affected by the CSO controls.
The ENGINEER shall assist the OWNER in development of public
involvement process.
(iii) Consideration of Sensitive Areas: The ENGINEER shall locate sensitive
areas of the watershed that are or could be impacted by CSOs. Sensitive
areas will be those agreed to by the NDEQ, US EPA Region VII, and the
OWNER. The ENGINEER shall supply the OWNER with a map that
notes the sensitive areas. The ENGINEER shall develop a TM that
proposes alternatives for addressing those areas that appear to be
impacted by the CSO discharges.
(iv) The ENGINEER shall develop two TMs that summarize the impacts of
CSOs on wet weather water quality and the resulting implications of the
impacts, if any.
b.) The ENGINEER shall prepare any proposed permit language that may be.
necessary to describe the strategy for the development of the Long Term Control
Plan in the CSO permit.
•
F. PERMIT ISSUANCE/PUBLIC NOTICE.
1.) OBTAIN PERMITS
a.) The ENGINEER shall assist the OWNER in the development of responses to
permit requirements in the public noticed permits. The ENGINEER shall review
the public noticed permits. The ENGINEER shall draft a response letter for the
OWNER. The ENGINEER`s Project Manager and Project Engineer shall attend
one meeting with the NDEQ and US EPA Region VII to discuss the comments
for each permit on behalf of the OWNER.
b.) The ENGINEER shall assist the OWNER in the development of responses public
comments on the public noticed permits, if any are received. The ENGINEER
shall draft a response letter for the OWNER.
G. PERMIT IMPLEMENTATION
1.) IMPLEMENTATION
The ENGINEER shall develop for the OWNER's use an implementation plan for
each permit. The plan will provide the OWNER with a listing of the items that are
required by the permit and the schedule for their completion. This plan will be
developed as a database that will allow the integration of each of the different permit
requirements.
H. PEER REVIEW
The ENGINEER shall assist the OWNER in responding to input from the Peer Review
Group. The OWNER will choose the Peer Review Group.
)--41
4�
This Attachment A supersedes all prior written or oral understandings of the Scope of Services,and may only be changed by a written
amendment executed by both parties. •
IN WITNESS WHEREOF,the parties execute below:
For OWNER, City of Omaha
dated this day of 19
By:
Name Title
By:
Name Title
By:
Name Title
For ENGINEER,CH2M HILL ,INC.,
dated this Z.T' day of NO , 19 q
By: 1 „64.g.rby. pow,0.9
Name Title
•
ASS'T, CITY ATTORNEY
DEN/Omaha Agreement Permitting Version 2.doc/972790013.DOC REV 7/93 FORM 398A.0'(Last Pag
•
• Attachment B Page 1 of 2
Multiplier
This attachment is to the AGREEMENT between CH2M HILL, INC., ("ENGINEER"), and
City of Omaha Public Works Department ("OWNER"),
for
a PROJECT generally described as:
Permitting Assistance for Storm Water, Combined Sewer Overflows (CSOs) and Wastewater Discharges into
the Missouri River and Its Tributaries
ARTICLE 2. Compensation C. Direct Salaries
Compensation by OWNER to ENGINEER will be as follows: Direct Salaries are the amount of wages or salaries
paid ENGINEER's employees for work directly per-
A. Cost Reimbursable-Multiplier(Time and formed on the PROJECT,exclusive of all payroll-related
Expense) taxes, payments, premiums, and benefits.
For services enumerated in ARTICLE 1, ENGINEER's
—(DirectSelaries) (Salary Costs)'multiplied by a factor of D. Salary Costs
2.07 ,plus Direct Expenses,plus Salary Costs are the amount of wages or salaries paid
a service charge of 10 percent of Direct Expenses, plus ENGINEER's employees for work directly performed on
applicable sales, use,value added,business transfer, the PROJECT plus a percentage applied to all such
gross receipts, or other similar taxes. wages or salaries to cover all payroll-related taxes,
*(line out inapplicable term) payment,premiums, and benefits.
B. Budget E. Direct Expenses
Direct Expenses are those necessary costs and
A budgetary amount of Two Hundred Nineteen charges incurred for the PROJECT including, but not
Thousand Four Hundred Twenty,Four Dollars($ limited to: (1)the direct costs of transportation, meals
219,424), excluding taxes, is hereby established for and lodging,mail, subcontracts and outside services;
services in ARTICLE 1. ENGINEER will make special OWNER approved PROJECT specific insurance,
reasonable efforts to complete the work within the letters of credit, bonds, and equipment and supplies; (2)
budget and will keep OWNER informed of progress ENGINEER's current standard rate charges for direct
toward that end so that the budget or work effort can be use of ENGINEER's vehicles,computing systems,
adjusted if found necessary. laboratory test and analysis,word processing, printing
ENGINEER is not obligated to incur costs beyond the and reproduction services. and certain field equipment;
indicated budgets, as may be adjusted,nor is OWNER and(3) ENGINEER's standard project charges for
obligated to pay ENGINEER beyond these limits. special health and safety requirements of OSHA and
When any budget has been increased, ENGINEER's telecommunications services.
excess costs expended prior to such increase will be
allowable to the same extent as if such costs had been
incurred after the approved increase.
REV 7/93 ORM 3988.
DEN/Omaha Agreement Permitting Version 2/
Page 2of2 '
Multiplier •
This Attachment B supersedes all prior written or oral understandings of the Scope of Services,and may only be changed by a
written amendment executed by both parties. ..
IN WITNESS WHEREOF,the parties execute below:
For OWNER, City of Omaha
dated this day of , 19
By:
Name Title
By:
Name Title
By:
Name Title
For ENGINEER,CH2MrHILL ,INC.,
dated this Z 4-4' day of f\jQ , 19 1 0
By: l — ir
Name Title
•
REV 7/93 FORM 3988.1 {Last Pag
DEN/Omaha Agreement Permitting Version 2/
•
- Attachment C Page 1 of 2
OWNER and ENGINEER agree that the following provisions, changes, and modifications are made a part of the AGREEMENT
-between CH2M HILL, INC., ("ENGINEER"), and
City of Omaha Public Works Department ("OWNER"), for
a PROJECT generally described as:
Permitting Assistance for Storm Water, Combined Sewer Overflows (CSOs) and Wastewater Discharges into the Missouri
River and its Tributaries
ARTICLE 4. OBLIGATIONS OF THE ENGINEER
Add the following after paragraph L.
M. Non-Discrimination
CH2M HILL shall not, in the performance of this AGREEMENT discriminate or permit discrimination against any person
because of race, color, sex, age, or disability as recognized under 42 USCS 12101 et.seq. and Omaha Municipal Code 13-
89, political or religious opinions or affiliations or national origin.
N. Equal Employment Opportunity Clause z.
Annexed hereto as Exhibit "D" and made a part hereof by reference are the equal employment provisions of this contract.
All reference in Exhibit "D" to "Contractor" shall mean "ENGINEER". Refusal by ENGINEER to comply with any portion of
this program as there stated and described will subject the offending party to any or all of the following penalties:
1.) Withholding of all future payments under the involved contracts to the Provider in violation until it is determined
that ENGINEER is in compliance with the provisions of the contract:
2.) Refusal of all future bids for any contracts with the City or any of its departments or divisions until such time as the
provider demonstrates that he has established and shall carry out the policies of the program as herein outlined.
O. Interest of the City
Pursuant to Section 8.05 of the Home Rule Charter, no elected official or any officer or employee of the City shall have a
financial interest, direct or indirect, in any City Agreement. Any violation of this section with the knowledge of the person
or corporation contracting with the City shall render the AGREEMENT voidable by the Mayor or Council.
P. Owner's Right to Approve Personnel Changes
The ENGINEER shall provide the OWNER with the right to review and approve any changes to the ENGINEER's proposed
project manager.
ARTICLE 5. OBLIGATIONS OF OWNER
Modify paragraph I, subparagraph (a) to read as follows:
(a) OWNER maintains property self-insurance on all pre-existing physical facilities associated in any way with the PROJECT,
and will continue to do so.
Delete paragraph I, subparagraph (b) in its entirety.
ARTICLE 6. GENERAL LEGAL PROVISIONS
Delete the last sentence of paragraph B in its entirety.
Delete paragraph D in its entirety.
Add the following to the end of paragraph P:
REV 7/93 O NF�3 �9i3 .0V.
Page 2 of 2
Increase of Fees: The parties hereto acknowledge that, as of the date of the execution of the AGREEMENT, Section 10-142
of the Omaha Municipal code provides as follows: Any amendment to contracts or purchases which, taken alone, increases
•
the original bid price as awarded (a) by ten (10) percent, if the original bid price is one hundred fifty thousand dollars,
($150,000) or more, or (b) by seventy-five thousand dollars ($75,000) or more, shall be approved by the City Council in
advance of the acceptance of any purchase in excess of such limits or the authorization of any additional work in excess of
such limits. However, neither contract nor purchase amendments will be split to avoid advance approval of the City
Council.
Replace paragraph E with the following:
E. Abandonment, Change of Plan, Suspension and Termination
The City shall have the right to abandon the project or to change the general scope of work as defined in Attachment A, at
any time. Such action on its part shall in no event be deemed a breach of contract.
The right is reserved by the City to suspend this AGREEMENT at any time or to terminate for just cause. Such suspension
or termination may be effected by giving the Consultant fifteen (15) days written notice. Should the project be suspended
for thirty (30) days or more, Consultant's fee and time for completion shall be equitable increased.
If the City abandons the work or subtracts from the work as presently outlined, the Consultant shall be compensated on the
basis of time and expense incurred to-date, as defined in Attachment B.
Additions to the scope of work as defined in Attachment A will require negotiation of a supplemental agreement or
agreements. For any work beyond the scope of services outlined by Attachment A, the Consultants will be required to
document the additional said work, and obtain written approval from the City before such work begins.
This Attachment C supersedes all prior written or oral understandings of the Scope of Services, and may only be changed
by a written amendment executed by both parties.
IN WITNESS WHEREOF, the parties execute below:
For OWNER, City of Omaha
dated this day of , 19
By:
Name Title
By:
Name Title
By:
Name Title
For ENGINEER, CH2M HILL, INC.,
dated this 244-h day of ki , 19 o 1 g,
By: J ! 14.40. 1_ Dr-
ame Title /
REV 7/93 FORM 39800
EXH BIT "D"
During the performance of this contract, the ENGINEER, AKA "contractor", agrees as follows:
1) The contractor shall not discriminate against any employee applicant for employment because
of race, religion, color, sex, national origin, or disability as defined by the Americans With
Disabilities Act of 1990 and Omaha Municipal Code 13-82. The contractor shall take
affirmative action to ensure that applicants are employed and that employees are treated
during employment without regard to their race,religion, color, sex or national origin. The
contractor shall take all actions necessary to comply with the Americans With Disabilities
Act of 1990 and Omaha Municipal Code (Chapter 13) including, but not limited to,
reasonable accommodation. As used herein, the word "treated" shall mean and include,
without limitation, the following: Recruited, whether advertising or by other means;
compensated; selected for training, including apprenticeship; promoted; upgraded; demoted;
downgraded; transferred; laid off; and terminated. The contractor agrees to and shall post in
conspicuous places, available to employees and applicants for employment, notices to be
provided by the contracting officers setting forth the provisions of this nondiscrimination
clause.
2) The contractor shall, in all solicitations or advertisements for employees placed by or on
behalf of the contractor, state that all qualified applicants will receive consideration for
employment without regard to race, religion, color, sex or national origin.
3) The contractor shall send to each labor union or representative of workers with which he has
a collective bargaining agreement or other contract or understanding a notice advising the
labor union or worker's representative of the contractor's commitments under the equal
employment opportunity clause of the city and shall post copies of the notice in conspicuous
places available to employees and applicants for employment.
4) The contractor shall furnish to the contract compliance officer all federal forms containing
the information and reports required by the federal government for federal contracts under
federal rules and regulations, and including the information required by section 10-192 to 10-
194, inclusive, and shall permit reasonable access to his records. Records accessible to the
contract compliance officer shall be those which are related to paragraphs (1) through (7) of
this subsection and only after reasonable notice is given the contractor. The purpose of this
provision is to provide for investigation to ascertain compliance with the program provided
for herein.
5) The contractor shall take such actions with respect to any subcontractor as the city may direct
as a means of enforcing the provisions of paragraphs (1)through(7) herein, including
penalties and sanctions for noncompliance; however, in the event the contractor becomes
involved in or is threatened with litigation as the result of such directions by the city, the city
will enter into such litigation as is necessary to protect the interests of the city and to
effectuate these provisions (of this division); and in the case of contracts receiving federal
assistance, the contractor or the city may request the United States to enter into such litigation
•
to protect the interests of the United States.
6) The contractor shall file and shall cause his subcontractors, if any to file compliance reports
with the contractor in the same form and to the same extent as required by the federal
government for federal contracts under federal rules and regulations. Such compliance
reports shall be filed with the contract compliance officer. Compliance reports filed at such
times as directed shall contain information as to the employment practices,policies, programs
and statistics of the contractor and his subcontractors.
7) The contractor shall include the provisions of paragraphs(1)through(7) of this section,
"Equal Employment Opportunity Clause;" and section 10-193 in every subcontract of
purchase order so that such provisions will be binding upon each subcontractor or vendor.
G'25A' CITY OF OMAHA
• LEGISLATIVE CHAMBER
Omaha,Nebr December 22, 19 98
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS,National Pollutant Discharge Elimination System Permits are required
for the continued operation of the Omaha wastewater treatment plants, combined sewer overflows
and stormwater systems; and,
WHEREAS, these negotiations will require meeting with the public, obtaining data,
identification of alternatives and their impact, development of internal plans and a public awareness
plan, and development of responses to the permit; and,
WHEREAS, CH2M Hill,Inc., has been selected in accordance with the Professional
Service Ordinance to provide engineering services which are detailed in Attachment "A" to the
attached Agreement, which by this reference is made a part hereof; and,
WHEREAS, CH2M Hill,Inc., will perform the services listed in the Agreement for
a fee not to exceed$219,424.00.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF OMAHA:
THAT,the Agreement with CH2M Hill,Inc.,to provide professional services for the
application for a National Pollutant Discharge Elimination System Permit is hereby approved.
BE IT FURTHER RESOLVED:
THAT,the Finance Department is authorized to pay $219,424.00 from the Sanitary
Sewer Improvement Organization 1485, Fund 544.
APPROVED AS TO FORM:
P:\PW1\6408.MAF /2 L
S S CITY ATTORNEY DATE
By..
Councilmember
DEC 2..2..1998 475
V&IX/Z5
0,7 avAz./7' /
City Clerk
Approved
Mayor A.
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