HomeMy WebLinkAboutC-3200 - Vista del Oro/Back Bay Storm Drain Improvements (also see C-3392)"A 440M) CEFtTtFtCAT F Lf B I�IT I IMSURAi E DATE 3 190
........ .. _ 08/30!98
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Dooley, Benton & Associates
License #0020739
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
3 Hutton Centre Suite 450
COMPANIES AFFORDING COVERAGE
Santa Ana CA 92707
{ COMPANY(
A American Motorists Ins Co i
INSURED
/
COMPANY
John M Tettemer And Assoc Ltd
B St. Paul Fire & Marine
COMPANY '
3151 Almay Avenue Suite 0.1
Costa Mesa CA 92626
C - Design Professional Ins
COMPANY
D
..
,.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR
CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN
MAY HAVE BEEN REDUCED BY PAID CLAIMS.
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LTR
TYPE OF NSURANCE
POLICY NUMBER
POLICY EFFECTIVE POLICY EXPIRATION
DATE imM001(y) DATE (MM/ DNY)
LIMITS
B
GENERAL
LIABILITY
RP06646452
05/07/98 I
05/07/99
GENEflAL AGGREGATE
$ 4 OGO 0"
PRODUCTS - COMP/OP AGO
$ 4 000,000
X
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE � OCCUR
PERSONAL & ADV INJURY
$ 2,000,000
EACH OCCURRENCE
$ 2,000,000
OWNERS 8 CONTRACTOR'S PROT
X
FIRE DAMAGE (Any one fire)
$ IN,CLU,DEO
BROAD FORM PD, X.C.U.
X
CONTRACTUAL
MED EXP (Any one Perin)
$ 5,000
B
AUTOMOBILE
LIABILITY
RP06646452
05/07/98
05/07/99
COMBINED SINGLE LIMIT
$ 2,000,000
ANY AUTO
BODILY INJURY
(Per person)
$
ALL OWNED AUTOS
SCHEDULED AUTOS
X
BODILY INJURY
(Per accident)
$
HIRED AUTOS
NON -OWNED AUTOS
I
X
PROPERTY DAMAGE
$
GARAGE LIABILITY
i AUTO ONLY - EA ACCIDENT
$
OTHER THAN AUTO ONLY:
ANY AUTO
I EACH ACCIDENT
$
-
I
AGGREGATE
$
I
EXCESS LIABILITY
EACH OCCURRENCE
$
AGGREGATE
$
UMBRELLA FORM
$
OTHER THAN UMBRELLA FORM
A
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
THE PROPRIETOR, INCL
PARTNERS�EXECUTIVE
j
7CW21206005
09/01/97
097 /98
/0
g WC STATU 0TH-
— SDAYJIMII
- -
EL EACH ACCIDENT
$ 1,000,000
EL DISEASE - POLICY LIMIT
$ 1,000,000
EL DISEASE - EA EMPLOYEE
$ 1,000,000
OFFICERS ARE I EXCL
OTHER
C
Professional*
PL509329
05/07/98
05/07/99
Each Claim 1,000,000
Liability
i
Annual Aggregate 2,000,000
DESCRIPTION OF OPERATIONSiA- CATIONSNEHICLESSPECIAL ITEMS
RE: PRELIMINARY DESIGN /CONCEPT REPORT STORM DRAIN
y
IMPROVEMENT VISTA DEL ;"'FOR PROFESSIONAL LIABILITY COVERAGE, THE AGGREGATE
ORO /BACK SAY
LIMIT IS THE TOTAL INSURANCE AVAILABLE FOR ALL
CITY OF NEWPORT BEACH IS ADDITIONAL INSURED AS RESPECTS GENERAL LIABILITY COVERED CLAIMS PRESENTED WITHIN THE POLICY PERIOD.
PER ENDORSEMENT ATTACHED.
THE LIMIT WILL BE REDUCED BY PAYMENTS FOR
EXCEPT 10 DAYS FOR NON PAYMENT OF
INDEMNITY AND EXPENSES,
.CERTIFICATE HOLDER ,r..*:r„
�N
F r- ""
Cft CELLATtON. :: ..
GZ r
li
SHO LO ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
CITY OF NEWPORT BEACH t
EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
ATTN: MR. DON WEBB
PO BOX 1768
NEWPORT BEACH CA 9265.8915
d vet
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHAI-L IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON Tkit COMP AGENTS OR REPRESENTATIVES.
_
AUTHORIZED S T T�
. S..¢ra
ACORD ?3-S [1:fB5j
iL7 -:: ACORD COBPOBA'RON 1988 ,..:_
1
GENERAL ENDORSEMENT •
In consideration of an additional premium of N/A it is hereby understood and agreed that
the following applies:
[ X ] ADDITIONAL INSURED
CITY OF NEWPORT BEACH
is /are Additional Insured /s as respects to work done by Named Insured.
[ X ] NOTICE OF CANCELLATION
It is understood and agreed that in the event of cancellation of the Policy for any reason other than non - payment of
premium, 30 days written notice will be sent to the following by mail
CITY OF NEWPORT BEACH
3300 NEWPORT BLVD.
PO BOX 1768
NEWPORT BEACH, CA 92658 -8915
In the event the policy is canceled for non - payment of premium, 10 days written notice will be sent to the
above.
Policy No.: RP0664652
Insurance Company: ST. PAUL FIRE & MARINE
Issued to: JPLIN M. TETTEMER AND ASSOC. LTD.
u orized Representative
S. GRADIAS
Effective Date: 6/29/98
Issue Date: 6/30/98
• w
CONSULTANT AGREEMENT
STORM DRAIN IMPROVEMENTS, VISTA DEL ORO /BACK BAY AT EASTBLUFF
CONTRACT NO. C -3200
THIS AGREEMENT, entered into this A day of 1998, by and
between CITY OF NEWPORT BEACH , a Municipal Corporation (hereinafter referred to
as "City "), and John M. Tettemer & Associates, whose address is 3151 Airway Avenue,
Suite Q -1, Costa Mesa, CA 92626, (hereinafter referred to as "Consultant'), is made with
reference to the following:
RECITALS
A. City is a Municipal Corporation duly organized and validly existing
under the laws of the State of California with the power to carry on its business as
it is now being conducted under the statutes of the State of California and the
Charter of the City.
B. The principal member of Consultant is Mansour P. Vahid.
C. City desires to engage Consultant to provide professional
engineering services for the preparation of a preliminary assessment and alternative
study for Storm Drain Improvements at Vista del Oro /Back Bay at Eastbluff.
E
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
The Term of this Agreement shall commence on the 22nd day of June, 1998, and
shall terminate on the 315` day of August, 1998, unless terminated earlier as set forth
herein.
2. SERVICES TO BE PERFORMED
Consultant shall perform the tasks set forth in Exhibit "A ", attached hereto and
incorporated herein by this reference.
3. COMPENSATION TO CONSULTANT
Consultant shall be compensated for services performed pursuant to this
Agreement in the amount and manner set forth in Exhibit "A ", attached hereto and
incorporated herein by this reference. The maximum fee shall not exceed eleven
thousand five hundred ninety three dollars ($11,593.00).
4. STANDARD OF CARE
All of the work shall be performed by Consultant or under Consultant's supervision.
Consultant represents that it possesses the professional and technical personnel
required to perform the services required by this Agreement and that it will perform all
services in a manner commensurate with the community professional standards. All
services shall be performed by qualified and experienced personnel who are not
employed by City nor have any contractual relationship with City. The Consultant shall be
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responsible to City for any errors or omissions in the execution of this Agreement.
Consultant represents and warrants to City that it has or shall obtain all licenses, permits,
qualifications and approvals required of its profession. Consultant further represents and
warrants that it shall keep in effect all such licenses, permits and other approvals during
the term of this Agreement.
5. INDEPENDENT PARTIES
City retains Consultant on an independent contractor basis and Consultant is not
an employee of the City. The manner and means of conducting the work are under the
control of Consultant, except to the extent they are limited by statute, rule or regulation
and the express terms of this Agreement. No civil service status or other right of
employment with City will be acquired by virtue of Consultant's services. None of the
benefits provided by City to its employees, including, but not limited to, unemployment
insurance, worker's compensation plans, vacation and sick leave, are available from City
to Consultant, its employees or agent. Deductions shall not be made for any state or
federal taxes, FICA payments, PERS payments or other purposes normally associated
with an employer - employee relationship from any fees due Consultant. Payments of the
above items, if required, are the responsibility of Consultant.
6. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator, and any other agencies which may have jurisdiction or interest in
the work to be performed. City agrees to cooperate with the Consultant on the project.
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7. PROJECT MANAGER
The Consultant shall assign the project to a Project Manager, who shall coordinate
all phases of the project. This Project Manager shall be available to the City at all times.
The Consultant has designated John s. Wolter, P.E. to be its Project Manager.
8. TIME OF PERFORMANCE
The tasks to be performed by Consultant shall be in accordance with the schedule
specified in Exhibit "A ". Consultant shall receive no additional compensation if completion
of its obligation under this Agreement requires a time greater than as set forth herein,
unless such extension is caused solely by the conduct of the City. Each party hereby
agrees to provide timely notice to the other of any violation occurring under this Section
and the cause thereof.
9. CITY POLICY
Consultant will discuss and review all matters relating to policy and project
direction with the Project Administrator in advance of all critical decision points in order to
ensure that the project proceeds in a manner consistent with City goals and policies.
10. CONFORMANCE TO APPLICABLE REQUIREMENT
All work prepared by Consultant shall conform to applicable city, county, state and
federal requirements and be subject to approval of the Project Administrator and City
Council.
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11. PROGRESS
Consultant is responsible to keep the Project Administrator and /or his /her duly
authorized designee informed on a regular basis regarding the status and progress of the
work, activities performed and planned, and any meetings that have been scheduled or
are desired.
12. HOLD HARMLESS
Consultant agrees to indemnify, defend, save and hold harmless City, its City
Council, boards and commissions, officers and employees from and against any and all
loss, damages, liability, claims, suites, costs and expenses for damages of any nature
whatsoever, including, but not limited to, bodily injury, death, personal injury, property
damages, attorneys fees and court costs arising from any and all negligent actions of
Consultant, its employees, agents or subcontracts in the performance of services or work
conducted or performed pursuant to this Agreement.
Consultant shall indemnify and hold harmless City, its City Council, boards and
commissions, officers and employees from and against any and all loss, damages,
liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys'
fees, accruing or resulting to any and all persons, firms or corporations furnishing or
supplying work, services, materials, equipment or supplies arising from or in any manner
connected to the Consultant's negligent performance of services or work conducted or
performed pursuant to this Agreement.
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13. INSURANCE
Without limiting consultant's indemnification of City, Consultant shall obtain and
provide and maintain at its own expense during the term of this Agreement policy or
policies of liability insurance of the type and amounts described below and satisfactory to
the City. Such policies shall be signed by a person authorized by that insurer to bind
coverage on its behalf and must be filed with the City prior to exercising any right or
performing any work pursuant to this Agreement. All insurance policies, with the
exception of Professional Errors and Omissions, shall add as additional insured the City,
its elected officials, officers and employees for all liability arising from Consultant's
services as described herein.
Prior to the commencement of any services hereunder, Consultant shall provide to
city certificates of insurance from an insurance company certified to do business in the
State of California, with original endorsements, and copies of policies, if requested by
City, of the following insurance, with Best's Class A7 or better carriers; unless otherwise
approved by the City Risk Manager:
A. Worker's compensation insurance covering all employees and
principals of the Consultant, per the laws of the State of California;
B. Commercial general liability insurance covering third party liability
risks, including without limitation, contractual liability, in a minimum amount of $1
million combined single limit per occurrence for bodily injury, personal injury and
property damage. If commercial general liability insurance or other form with a
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0
0
general aggregate is used, either the general aggregate shall apply separately to
this project, or the general aggregate limit shall be twice the occurrence limit;
C. Commercial auto liability and property insurance covering any owned
and rented vehicles of Consultant in a minimum amount of $1 million combined
single limit per accident for bodily injury and property damage.
D. Professional errors and omissions insurance which covers the
services to be performed in connection with this Agreement in the minimum
amount of One Million Dollars ($1,000,000.00).
Said policy or policies shall be endorsed to state that coverage shall not be
suspended, voided nor canceled by either party, or reduced in coverage or in limits
except after thirty (30) days' prior notice has been given in writing to City. Consultant
shall give to City prompt and timely notice of claim made or suit instituted arising out of
Consultant's operation hereunder. Consultant shall also procure and maintain, at its own
cost and expense, any additional kinds of insurance, which in its own judgment may be
necessary for its proper protection and prosecution of the work.
Consultant agrees that in the event of loss due to any of the perils for which it has
agreed to provide comprehensive general and automotive liability insurance, that
Consultant shall look solely to its insurance for recovery. Consultant hereby grants to
City, on behalf of any insurer providing comprehensive general and automotive liability
insurance to either Consultant or City with respect to the services of Consultant herein, a
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waiver of any right of subrogation which any such insurer of said Consultant may acquire
against City by virtue of the payment of any loss under such insurance.
14. PROHIBITION AGAINST TRANSFERS
Consultant shall not assign, sublease, hypothecate or transfer this Agreement or
any interest in this Agreement, directly or indirectly, by operation of law or otherwise
without prior written consent of City. Any attempt to do so without consent of City shall be
null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no
right or interest by reason of an attempted assignment, hypothecation or transfer.
The sale, assignment, transfer or other disposition of any of the issued and
outstanding capital stock of Consultant, or of the interest of any general partner or joint
venturer or syndicate member or cotenant if Consultant is a partnership or joint venture or
syndicate or cotenancy, which shall result in changing the control of Consultant, shall be
construed as an assignment of this Agreement. Control means fifty percent (50 %) or
more of the voting power, or twenty -five percent (25 %) or more of the assets of the
corporation, partnership or joint venture.
15. REPORTS
Each and every report, draft, work product, map, record and other document
reproduces, prepared or caused to be prepared by Consultant pursuant to or in
connection with this Agreement shall be the exclusive property of City.
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No report, information or other data given to or prepared or assembled by
Consultant pursuant to this Agreement shall be made available to any individual or
organization by Consultant without prior approval by City.
Consultant shall, at such time and in such forms as City may require, furnish
reports concerning the status of services required under this Agreement.
16. CONFIDENTIALITY
The information which results from the services in this Agreement is to be kept
confidential unless the release of information is authorized by the City.
17. CITY'S RESPONSIBILITIES
City shall furnish to Consultant base, maps, existing studies, ordinances, data and
other existing information as shall be requested by Consultant and materials in City's
possession necessary for Consultant to complete the work contemplated by this
Agreement. City further agrees to provide all such materials in a timely manner so as not
to cause delays in Consultant's work schedule.
18. ADMINISTRATION
This Agreement will be administered by the Public Works Department. The Public
Works Director or his /her designees shall be considered the Project Administrator and
shall have the authority act for the City under this Agreement. The Project Administrator
or his /her authorized representative shall represent the City in all matters pertaining to the
services to be rendered pursuant to this Agreement.
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19. EXTRA WORK
Consultant shall receive compensation for extra work authorized by City in
accordance with the schedule of billing rates set forth in Exhibit "A." All extra work must
be authorized in writing by the Project Administrator and Consultant shall not be entitled
to extra compensation without authorization.
20. RECORDS
Consultant shall keep records and invoices in connection with its work to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement. All such records shall be
clearly identifiable. Consultant shall allow a representative of City during normal business
hours to examine, audit and make transcripts or copies of such records. Consultant shall
allow inspection of all work, data, documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment under this
Agreement.
21. REIMBURSEMENT FOR EXPENSES
Consultant shall not be reimbursed for any expenses unless authorized in writing
by City.
22. MONTHLY INVOICES
Consultant shall submit invoices to the City on a monthly basis in accordance with
Consultant's schedule of fees contained in Exhibit "A" hereof. Each invoice will be
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itemized. Each invoice shall show the number of hours worked per person /consultant
and the nature of the work performed.
23. PAYMENT OF COMPENSATION
City shall make payments to Consultant within thirty (30) days of receiving a
monthly invoice unless City disputes the amount Consultant claims is owned under this
Agreement.
24. WITHHOLDINGS
City may withhold payment of any disputed sums until satisfaction of the dispute
with respect to such payment. Such withholding shall not be deemed to constitute a
failure to pay according to the terms of this Agreement. Consultant shall not discontinue
its work for a period of thirty (30) days from the date of withholding as a result of such
withholding. Consultant shall have an immediate right to appeal to the City Manager or
his designee with respect to such disputed sums. The determination of the City Manager
with respect to such matter shall be final. Consultant shall be entitled to receive interest
on any withheld sums at the rate of seven percent (7 %) per annum from the date of
withholding of any amounts found to have been improperly withheld.
25. ERRORS AND OMISSIONS
In the event that the Project Administrator determines that the Consultant's
negligence, errors or omissions in the performance of work under this Agreement has
resulted in expense to City greater than would have resulted if there were no such
negligence, errors or omissions in the plans or contract specifications, Consultant shall
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reimburse City for the additional expenses incurred by the City including engineering,
construction and /or restoration expense. Nothing herein is intended to limit City's rights
under any other sections of this Agreement.
26, TEN PERCENT (10 %) WITHHOLDING
City may withhold an amount equivalent to ten percent (10 %) of the total
compensation provided herein, to be released to Consultant upon final adoption of the
work by the Mayor and City Council. The City reserves the right to refuse to pay all
billings requesting amounts in excess of ninety percent (90 %) of the total compensation
provided herein until the project is completed and adopted as specified above.
27. NONDISCRIMINATION BY CONSULTANT
Consultant represents and agrees that Consultant, its affiliates, subsidiaries or
holding companies do not and will not discriminate against any subcontractor, consultant,
employee or applicable for employment because of race, religion, color, sex, handicap or
national origin. Such nondiscrimination shall include, but not be limited to, the following:
employment, upgrading, demotion, transfers, recruitment, recruitment advertising, layoff,
termination, rates of pay or other forms of compensation and selection for training,
including apprenticeship.
28. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other consultants in connection with this project.
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• •
29. CONFLICTS OF INTEREST
A. The Consultant or its employees may be subject to the provisions of
the California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose financial interest that may foreseeable be materially affected
by the work performed under this Agreement, and (2) prohibits such persons from
making, or participating in making, decisions that will foreseeable financially affect
such interest.
B. If subject to the Act, Consultant shall conform to all requirements of
the Act. Failure to do so constitutes a material breach and is grounds for
termination of this Agreement by the City. The Consultant shall indemnify and hold
harmless the City for any claims for damages resulting from the Consultant's
violation of this Section.
30. SUBCONTRACTING
A. Consultant shall not subcontract any portion of the work required by
this Agreement, except as expressly stated herein, without prior approval of City.
B. Subcontracts, if any, shall contain a provision making them subject to
all provisions stipulated in this Agreement.
31. NOTICES
All notices, demands, requests or approvals to be given under this Agreement
shall be given in writing and conclusively shall be deemed served when delivered
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personally or on the second business day after the deposit thereof in the United States
mail, postage prepaid, registered or certified, addressed as hereinafter provided.
All notices, demands, requests or approvals from Consultant to City shall be
addressed to City at:
City of Newport Beach
3300 Newport Boulevard
P. O. Box 1768
Newport Beach, CA 92658 -8915
Attention: Marla Matlove Doyle, P.E.
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
John M. Tettemer & Associates
3151 Airway Avenue, Suite Q -1
Costa Mesa, CA 92626
Attention: John S. Wolter, P.E.
32. TERMINATION
In the event Consultant hereto fails or refuses to perform any of the provisions
hereof at the time and in the manner required hereunder, Consultant shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) days, or if more than two (2) days are reasonably required to cure the default
and Consultant fails to`give adequate assurance of due performance within two (2) days
after receipt by Consultant from City of written notice of default, specifying the nature of
such default and the steps necessary to cure such default, City may terminate the
Agreement forthwith by giving to the Consultant written notice thereof.
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City shall have the option, at its sole discretion and without cause, of terminating
this Agreement without cause by giving seven (7) days' prior written notice to Consultant
as provided herein. Upon termination of this Agreement, each party shall pay to the other
party that portion of compensation specified in this Agreement that is earned and unpaid
prior to the effective date of termination.
33. COST OF LITIGATION
If any legal action is necessary to enforce any provision hereof or for damages by
reason for an alleged breach of any provisions of this Agreement, the prevailing party
shall be entitled to receive from the losing party all costs and expenses in such amount as
the court may adjudge to be reasonable attorneys' fees.
34. COMPLIANCES
Consultant shall comply with all laws, state or federal and all ordinances, rules and
regulations enacted or issued by City.
35. WAIVER
A waiver by City of any breach of any term, covenant or condition contained herein
shall not be deemed to be a waiver of any subsequent breach of the same or any other
term, covenant or condition contained herein whether of the same or a different character.
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36. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties hereto and all preliminary negotiations and
agreements of whatsoever kind or nature are merged herein. No verbal agreement or
implied covenant shall be held to vary the provisions hereon. Any modification of this
Agreement will be effective only by written execution signed by both City and Consultant.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the day and year first written above.
ATTEST:
LaVonne Harkless
City Clerk
APPROVED AS TO FORM:
Robin Clauson
Assistant City Attorney
CITY OF NEWPORT BEACH
A Municipal Corpor tip
r
By:
Don ebb
Public Works Director
CONSULTANT
r
John
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John M. Tettemer & Associates, Ltd.
City of Newport Beach
Vista Del OroBackbay Storm Drain Improvements
at Eastbluff
Preliminary Design/Concept Report
C -3200
Scope of Work
Task I Review Existing Information
This task will provide for the review of existing project information. Project
information to be supplied by City includes:
• "As built' plans of public improvements in Project area;
• Available utility improvement plans;
• City prepared survey information suitable for Preliminary
Design/Concept Report;
• "As built' plan or City survey information for storm drain crossing
Backbay Road;
• Orange County Geotechnical information for Project area;
• Hydrology and hydraulic reports for existing drainage facilities;
• Available photos of drainage problem areas; and
• All other available project related information.
Pertinent information will be included in Preliminary Design Report.
Task 2 Hydrology and Hydraulic Analysis
This task will provide for the preparation of Hydrology and Hydraulic
analyses in accordance with the current Orange County Hydrology Manual.
The work will include the following:
Define the drainage area tributary to the existing system utilizing
existing City survey information, available Hydrology and Hydraulic
reports for existing drainage facilities, City drainage atlas and USGS
quad maps.
Perform hydrology and hydraulic analyses to determine inlet and pipe
capacity /level of protection for the existing drainage system.
010- 01W125SOW
Task 3 Preliminary Design /Concept Report
This task will provide for the preparation of Preliminary Design/Concept
Report summarizing findings, alternatives analysis, and cost estimate.
A. Alternatives analysis and level of protection will be as follows:
25 -year level of protection
a. Inlet improvements
b. Pipe repair /replacement
C. Backbay Road culvert repair /replacement
2. 100 -year level of protection (Flow by system)
a. Increased pipe capacity
Bluff/slope surface improvements
C. Backbay Road swale
B. Recommended Alternative
Present alternatives including cost estimates to City staff for review
and approval of a selected alternative.
Task 4 Coordination and Meetings
This task will provide for coordination and meetings with County and City
staff during preparation of the Preliminary Design Report. A total of four
meetings are anticipated as follows:
Kickoff meeting —1 meeting with City staff
Hydrology/Hydraulic analyses — 1 meeting with City staff
Preliminary Design Report — 2 meetings with City staff
Survey services
It is proposed that the hydrology, hydraulic, and alternatives analysis be performed using
available City survey information, "as built' drawings, hydrology and hydraulic reports for
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existing drainage system, City drainage atlas, and USGS quad maps. Field surveys required
for preparation of final plans can be provided in the design phase for the recommended
storm drain improvements.
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June 22, 1998
CITY COUNCIL AGENDA
ITEM NO. 21
i
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL jUN 2 2
i
FROM: PUBLIC WORKS DEPARTMENTlp
SUBJECT: VISTA DEL ORO /BACK BAY STORM DRAIN IMPROVEMENTS AT
EASTBLUFF, CONTRACT NO. 3200
RECOMMENDATION:
Approve a Professional Services Agreement with John M. Tettemer & Associates, of
Costa Mesa, California, for professional engineering services for a contract price of
$11,593.
DISCUSSION:
Background
During this winter's heavy storms, flooding was experienced in Eastbluff in the area of the
greenbelt and slopes between Vista Entrada and Vista Caudal. Existing public storm
drain facilities convey drainage from the greenbelt, down the slope, and into Upper
Newport Bay through a headwall adjacent to Back Bay Drive (see attached location map).
In addition, erosion has been experienced on the County of Orange slopes above Back
Bay Drive. The County is preparing plans to regrade the slopes downstream of the
greenbelt, and the City is proposing to construct the drainage improvements in
conjunction with the County project.
John M. Tettemer & Associates has provided a proposal to perform professional
engineering services for the preparation of a preliminary assessment and alternative
study for upgrading public storm drain facilities at this location to mitigate future flooding.
Following selection of an alternative, it is anticipated that City staff will prepare contract
plans and specifications for construction of the selected alternative. The plans and
specifications will be provided to the County for inclusion in their bid package for their
anticipated slope repair project.
SUBJECT: VISTA DEL 001BACK
CONTRACT NO. C -3200
June 22, 1997
Page 2
Prior City Employee
BAY STORM DRAIN IMPR *MENTS AT EASTBLUFF,
City Council Policy J -1 requires City Council approval of contracts with prior City
employees. John Wolter, who was previously a City Employee in the Public Works
Department from 11/10171 to 4/13/96, is currently employed by John M. Tettemer &
Associates and will be serving as Project Manager for this contract.
Funding
Funds for this project are available in Account No. 7012- C5100008, Storm Drain
Improvement Program.
Respectful bmitted,_
PU
'L'C WORKS DEPARTMENT
Do Webb, Director
By
Marla Matlove Doyle, P.E.
Senior Civil Engineer
Attachment: Professional Services Agreement — John M. Tettemer & Associates
Project Location Map
9
•
LJ
E
0 CONSULTANT AGREEMENT
STORM DRAIN IMPROVEMENTS, VISTA DEL ORO /BACK BAY AT EASTBLUFF
CONTRACT NO. C -3200
THIS AGREEMENT, entered into this _ day of , 1998, by and
between CITY OF NEWPORT BEACH , a Municipal Corporation (hereinafter referred to
as "City "), and John M. Tettemer & Associates, whose address is 3151 Airway Avenue,
Suite Q -1, Costa Mesa, CA 92626, (hereinafter referred to as "Consultant'), is made with
reference to the following:
RECITALS
A. City is a Municipal Corporation duly organized and validly existing
under the laws of the State of California with the power to carry on its business as
• it is now being conducted under the statutes of the State of California and the
Charter of the City.
B. The principal member of Consultant is Mansour P. Vahid.
C. City desires to engage Consultant to provide professional
engineering services for the preparation of a preliminary assessment and alternative
study for Storm Drain Improvements at Vista del Oro /Back Bay at Eastbluff.
•
0
NOW, THEREFORE, it is mutually agreed by and between the undersigned 0
parties as follows:
1. TERM
The Term of this Agreement shall commence on the 22nd day of June, 1998, and
shall terminate on the 31" day of August, 1998, unless terminated earlier as set forth
herein.
2. SERVICES TO BE PERFORMED
Consultant shall perform the tasks set forth in Exhibit "A ", attached hereto and
incorporated herein by this reference.
3. COMPENSATION TO CONSULTANT
Consultant shall be compensated for services performed pursuant to this
Agreement in the amount and manner set forth in Exhibit "A ", attached hereto and •
incorporated herein by this reference. The maximum fee shall not exceed eleven
thousand five hundred ninety three dollars ($11,593.00).
4. STANDARD OF CARE
All of the work shall be performed by Consultant or under Consultant's supervision.
Consultant represents that it possesses the professional and technical personnel
required to perform the services required by this Agreement and that it will perform all
services in a manner commensurate with the community professional standards. All
services shall be performed by qualified and experienced personnel who are not
employed by City nor have any contractual relationship with City. The Consultant shall be
2 •f:\ groups \pu bworkslag mt98 \tettemereastbl uff
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0 0
responsible to City for any errors or omissions in the execution of this Agreement.
Consultant represents and warrants to City that it has or shall obtain all licenses, permits,
qualifications and approvals required of its profession. Consultant further represents and
warrants that it shall keep in effect all such licenses, permits and other approvals during
the term of this Agreement.
5. INDEPENDENT PARTIES
City retains Consultant on an independent contractor basis and Consultant is not
an employee of the City. The manner and means of conducting the work are under the
control of Consultant, except to the extent they are limited by statute, rule or regulation
and the express terms of this Agreement. No civil service status or other right of
employment with City will be acquired by virtue of Consultant's services. None of the
benefits provided by City to its employees, including, but not limited to, unemployment
insurance, worker's compensation plans, vacation and sick leave, are available from City
to Consultant, its employees or agent. Deductions shall not be made for any state or
federal taxes, FICA payments, PERS payments or other purposes normally associated
with an employer - employee relationship from any fees due Consultant. Payments of the
above items, if required, are the responsibility of Consultant.
6. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator, and any other agencies which may have jurisdiction or interest in
the work to be performed. City agrees to cooperate with the Consultant on the project.
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0
7. PROJECT MANAGER
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The Consultant shall assign the project to a Project Manager, who shall coordinate
all phases of the project. This Project Manager shall be available to the City at all times.
The Consultant has designated John s. Wolter, P.E. to be its Project Manager.
8. TIME OF PERFORMANCE
The tasks to be performed by Consultant shall be in accordance with the schedule
specified in Exhibit "N'. Consultant shall receive no additional compensation if completion
of its obligation under this Agreement requires a time greater than as set forth herein,
unless such extension is caused solely by the conduct of the City. Each party hereby
agrees to provide timely notice to the other of any violation occurring under this Section
and the cause thereof.
0
9. CITY POLICY •
Consultant will discuss and review all matters relating to policy and project
direction with the Project Administrator in advance of all critical decision points in order to
ensure that the project proceeds in a manner consistent with City goals and policies.
10. CONFORMANCE TO APPLICABLE REQUIREMENT
All work prepared by Consultant shall conform to applicable city, county, state and
federal requirements and be subject to approval of the Project Administrator and City
Council.
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0
0
• 11. PROGRESS
Consultant is responsible to keep the Project Administrator and /or his /her duly
authorized designee informed on a regular basis regarding the status and progress of the
work, activities performed and planned, and any meetings that have been scheduled or
are desired.
12. HOLD HARMLESS
Consultant agrees to indemnify, defend, save and hold harmless City, its City
Council, boards and commissions, officers and employees from and against any and all
loss, damages, liability, claims, suites, costs and expenses for damages of any nature
whatsoever, including, but not limited to, bodily injury, death, personal injury, property
damages, attorneys fees and court costs arising from any and all negligent actions of
• Consultant, its employees, agents or subcontracts in the performance of services or work
conducted or performed pursuant to this Agreement.
Consultant shall indemnify and hold harmless City, its City Council, boards and
commissions, officers and employees from and against any and all loss, damages,
liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys'
fees, accruing or resulting to any and all persons, firms or corporations furnishing or
supplying work, services, materials, equipment or supplies arising from or in any manner
connected to the Consultant's negligent performance of services or work conducted or
performed pursuant to this Agreement.
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f:\ groups\ pubworks\agmt96 \tettemereastbluff
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13. INSURANCE
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Without limiting consultant's indemnification of City, Consultant shall obtain and
provide and maintain at its own expense during the term of this Agreement policy or
policies of liability insurance of the type and amounts described below and satisfactory to
the City. Such policies shall be signed by a person authorized by that insurer to bind
coverage on its behalf and must be filed with the City prior to exercising any right or
performing any work pursuant to this Agreement. All insurance policies, with the
exception of Professional Errors and Omissions, shall add as additional insured the City,
its elected officials, officers and employees for all liability arising from Consultant's
services as described herein.
Prior to the commencement of any services hereunder, Consultant shall provide to
city certificates of insurance from an insurance company certified to do business in the
State of California, with original endorsements, and copies of policies, if requested by
City, of the following insurance, with Best's Class A7 or better carriers; unless otherwise
approved by the City Risk Manager:
A. Worker's compensation insurance covering all employees and
principals of the Consultant, per the laws of the State of California;
B. Commercial general liability insurance covering third party liability
risks, including without limitation, contractual liability, in a minimum amount of $1
million combined single limit per occurrence for bodily injury, personal injury and
property damage. If commercial general liability insurance or other form with a
6
f:\ groups\ pubworkslagmt98 \tettemereastbluff
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0
0
general aggregate is used, either the general aggregate shall apply separately to
this project, or the general aggregate limit shall be twice the occurrence limit;
C. Commercial auto liability and property insurance covering any owned
and rented vehicles of Consultant in a minimum amount of $1 million combined
single limit per accident for bodily injury and property damage.
D. Professional errors and omissions insurance which covers the
services to be performed in connection with this Agreement in the minimum
amount of One Million Dollars ($1,000,000.00).
Said policy or policies shall be endorsed to state that coverage shall not be
suspended, voided nor canceled by either party, or reduced in coverage or in limits
except after thirty (30) days' prior notice has been given in writing to City. Consultant
• shall give to City prompt and timely notice of claim made or suit instituted arising out of
Consultant's operation hereunder. Consultant shall also procure and maintain, at its own
cost and expense, any additional kinds of insurance, which in its own judgment may be
necessary for its proper protection and prosecution of the work.
Consultant agrees that in the event of loss due to any of the perils for which it has
agreed to provide comprehensive general and automotive liability insurance, that
Consultant shall look solely to its insurance for recovery. Consultant hereby grants to
City, on behalf of any insurer providing comprehensive general and automotive liability
insurance to either Consultant or City with respect to the services of Consultant herein, a
7
f:\groups\pubworks\agmt98\tettemereastbluff
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0
0
waiver of any right of subrogation which any such insurer of said Consultant may acquire
against City by virtue of the payment of any loss under such insurance.
14. PROHIBITION AGAINST TRANSFERS
Consultant shall not assign, sublease, hypothecate or transfer this Agreement or
any interest in this Agreement, directly or indirectly, by operation of law or otherwise
without prior written consent of City. Any attempt to do so without consent of City shall be
null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no
right or interest by reason of an attempted assignment, hypothecation or transfer.
The sale, assignment, transfer or other disposition of any of the issued and
outstanding capital stock of Consultant, or of the interest of any general partner or joint
venturer or syndicate member or cotenant if Consultant is a partnership or joint venture or
syndicate or cotenancy, which shall result in changing the control of Consultant, shall be
construed as an assignment of this Agreement. Control means fifty percent (50 %) or
more of the voting power, or twenty -five percent (25 %) or more of the assets of the
corporation, partnership or joint venture.
15. REPORTS
Each and every report, draft, work product, map, record and other document
reproduces, prepared or caused to be prepared by Consultant pursuant to or in
connection with this Agreement shall be the exclusive property of City.
a
f:\ groups\ pubworks \agmt98 \tettemereastbluff
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0 0
.
No
report, information or other
data
given to
or prepared
or assembled
by
Consultant
pursuant to this Agreement
shall
be made
available to
any individual
or
organization by Consultant without prior approval by City.
Consultant shall, at such time and in such forms as City may require, furnish
reports concerning the status of services required under this Agreement.
16. CONFIDENTIALITY
The information which results from the services in this Agreement is to be kept
confidential unless the release of information is authorized by the City.
17. CITY'S RESPONSIBILITIES
City shall furnish to Consultant base, maps, existing studies, ordinances, data and
other existing information as shall be requested by Consultant and materials in City's
• possession necessary for Consultant to complete the work contemplated by this
Agreement. City further agrees to provide all such materials in a timely manner so as not
to cause delays in Consultant's work schedule.
18. ADMINISTRATION
This Agreement will be administered by the Public Works Department. The Public
Works Director or his /her designees shall be considered the Project Administrator and
shall have the authority act for the City under this Agreement. The Project Administrator
or his /her authorized representative shall represent the City in all matters pertaining to the
services to be rendered pursuant to this Agreement.
9
f: \groups\p u bworks\ag mt98 \tettemereastbl uff
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19. EXTRA WORK
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Consultant shall receive compensation for extra work authorized by City in
accordance with the schedule of billing rates set forth in Exhibit "A." All extra work must
be authorized in writing by the Project Administrator and Consultant shall not be entitled
to extra compensation without authorization.
20. RECORDS
Consultant shall keep records and invoices in connection with its work to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement. All such records shall be
clearly identifiable. Consultant shall allow a representative of City during normal business
hours to examine, audit and make transcripts or copies of such records. Consultant shall
allow inspection of all work, data, documents, proceedings and activities related to the r
Agreement for a period of three (3) years from the date of final payment under this
Agreement.
21. REIMBURSEMENT FOR EXPENSES
Consultant shall not be reimbursed for any expenses unless authorized in writing
by City.
22. MONTHLY INVOICES
Consultant shall submit invoices to the City on a monthly basis in accordance with
Consultant's schedule of fees contained in Exhibit "A" hereof. Each invoice will be
io
f: \groups\pubworks\ag mt98 \tettemereastbl uff
6/22/98
itemized. Each invoice shall show the number of hours worked per person /consultant
and the nature of the work performed.
23. PAYMENT OF COMPENSATION
City shall make payments to Consultant within thirty (30) days of receiving a
monthly invoice unless City disputes the amount Consultant claims is owned under this
Agreement.
24. WITHHOLDINGS
City may withhold payment of any disputed sums until satisfaction of the dispute
with respect to such payment. Such withholding shall not be deemed to constitute a
failure to pay according to the terms of this Agreement. Consultant shall not discontinue
its work for a period of thirty (30) days from the date of withholding as a result of such
. withholding. Consultant shall have an immediate right to appeal to the City Manager or
his designee with respect to such disputed sums. The determination of the City Manager
with respect to such matter shall be final. Consultant shall be entitled to receive interest
on any withheld sums at the rate of seven percent (7 %) per annum from the date of
withholding of any amounts found to have been improperly withheld.
25. ERRORS AND OMISSIONS
In the event that the Project Administrator determines that the Consultant's
negligence, errors or omissions in the performance of work under this Agreement has
resulted in expense to City greater than would have resulted if there were no such
negligence, errors or omissions in the plans or contract specifications, Consultant shall
. 11
f:\ groups\ pubworks\agmt98 \tettemereastbluff
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0
L
reimburse City for the additional expenses incurred by the City including engineering,
construction and /or restoration expense. Nothing herein is intended to limit City's rights
under any other sections of this Agreement.
26. TEN PERCENT (10 %) WITHHOLDING
City may withhold an amount equivalent to ten percent (10 %) of the total
compensation provided herein, to be released to Consultant upon final adoption of the
work by the Mayor and City Council. The City reserves the right to refuse to pay all
billings requesting amounts in excess of ninety percent (90 %) of the total compensation
provided herein until the project is completed and adopted as specified above.
27. NONDISCRIMINATION BY CONSULTANT
Consultant represents and agrees that Consultant, its affiliates, subsidiaries or
holding companies do not and will not discriminate against any subcontractor, consultant, •
employee or applicable for employment because of race, religion, color, sex, handicap or
national origin. Such nondiscrimination shall include, but not be limited to, the following:
employment, upgrading, demotion, transfers, recruitment, recruitment advertising, layoff,
termination, rates of pay or other forms of compensation and selection for training,
including apprenticeship.
28. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other consultants in connection with this project.
12
f: \groups\pubworks\agmt98uettemereastbluff
6/22/98
29. CONFLICTS OF INTEREST
A. The Consultant or its employees may be subject to the provisions of
the California Political Reform Act of 1974 (the "Act'), which (1) requires such
persons to disclose financial interest that may foreseeable be materially affected
by the work performed under this Agreement, and (2) prohibits such persons from
making, or participating in making, decisions that will foreseeable financially affect
such interest.
B. If subject to the Act, Consultant shall conform to all requirements of
the Act. Failure to do so constitutes a material breach and is grounds for
termination of this Agreement by the City. The Consultant shall indemnify and hold
harmless the City for any claims for damages resulting from the Consultants
• violation of this Section.
30. SUBCONTRACTING
A. Consultant shall not subcontract any portion of the work required by
this Agreement, except as expressly stated herein, without prior approval of City.
B. Subcontracts, if any, shall contain a provision making them subject to
all provisions stipulated in this Agreement.
31. NOTICES
All notices, demands, requests or approvals to be given under this Agreement
shall be given in writing and conclusively shall be deemed served when delivered
13
•
f:\ groups\ pubworks\agmt98 \tettemereastbluff
6/22198
0 9
personally or on the second business day after the deposit thereof in the United States •
mail, postage prepaid, registered or certified, addressed as hereinafter provided.
All notices, demands, requests or approvals from Consultant to City shall be
addressed to City at:
City of Newport Beach
3300 Newport Boulevard
P. O. Box 1768
Newport Beach, CA 92658 -8915
Attention: Marla Matlove Doyle, P.E.
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
John M. Tettemer & Associates
3151 Airway Avenue, Suite Q -1
Costa Mesa, CA 92626
Attention: John S. Wolter, P.E. •
32. TERMINATION
In the event Consultant hereto fails or refuses to perform any of the provisions
hereof at the time and in the manner required hereunder, Consultant shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) days, or if more than two (2) days are reasonably required to cure the default
and Consultant fails to give adequate assurance of due performance within two (2) days
after receipt by Consultant from City of written notice of default, specifying the nature of
such default and the steps necessary to cure such default, City may terminate the
Agreement forthwith by giving to the Consultant written notice thereof.
14 •f:\ groups\ pubworks\agmt98 \tettemereastbluff
6/22/98
E
E
City shall have the option, at its sole discretion and without cause, of terminating
this Agreement without cause by giving seven (7) days' prior written notice to Consultant
as provided herein. Upon termination of this Agreement, each party shall pay to the other
party that portion of compensation specified in this Agreement that is earned and unpaid
prior to the effective date of termination.
33. COST OF LITIGATION
If any legal action is necessary to enforce any provision hereof or for damages by
reason for an alleged breach of any provisions of this Agreement, the prevailing party
shall be entitled to receive from the losing party all costs and expenses in such amount as
the court may adjudge to be reasonable attorneys' fees.
34. COMPLIANCES
Consultant shall comply with all laws, state or federal and all ordinances, rules and
regulations enacted or issued by City.
35. WAIVER
A waiver by City of any breach of any term, covenant or condition contained herein
shall not be deemed to be a waiver of any subsequent breach of the same or any other
term, covenant or condition contained herein whether of the same or a different character.
is
f:\ groups \pubworkslag mt98 \tettemereastbluff
6/22/98
36. INTEGRATED CONTRACT
9
11
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties hereto and all preliminary negotiations and
agreements of whatsoever kind or nature are merged herein. No verbal agreement or
implied covenant shall be held to vary the provisions hereon. Any modification of this
Agreement will be effective only by written execution signed by both City and Consultant.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the day and year first written above.
ATTEST:
LaVonne Harkless
City Clerk
APPROVED AS TO FORM:
Robin Clauson
Assistant City Attorney
CITY OF NEWPORT BEACH
A Municipal Corporation
By. •Don Webb
Public Works Director
CONSULTANT
0
John M. Tettemer & Associates
16 •f:\ groups\ pubworks\agmt98 \tettemereastbluff
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