HomeMy WebLinkAbout1999-03-16; City Council; Resolution 99-920 0
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RESOLUTION NO. 99-92
A RESOLUTION OF CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, FOR APPROVAL OF CONTRACT
WITH MALCOLM PIRNIE, INC., TO COMPLETE DESIGN
PLANS AND SPECIFICATIONS FOR THE VISTAKARLSBAD
INTERCEPTOR SEWER REPLACEMENT, REACHES VC5B
TO VCIIA AND THE SOUTH CARLSBAD VILLAGE STORM
DRAIN PROJECTS, CITY PROJECT NOS. 3182 AND 3528,
I CMWD 91 -403 6
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WHEREAS, Staff requested and received a proposal from Malcolm-Pirnie, Ir /I provide the necessary civil design services for completion of design plans and specifics
8 I! for the Vista/Carlsbad Interceptor Sewer, Reaches VC5A through VC11 B, and the 5 9
Carlsbad Village Storm Drain Projects; and after review of the proposal and negotiatic
the fee, the staff recommends accepting Malcolm Pirnie, Inc., based on an evaluation of
experience with this project and their expertise in the field of civil design; and
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13 WHEREAS, the City Council of the City of Carlsbad, California, has determin
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Pirnie, Inc., to complete design plans and specifications for the VistalCarlsbad lnterct 15
necessary and in the public interest for approval and acceptance of a proposal from Mal
16 Sewer, Reaches VC5A through VCllA and the South Carlsbad Village Storm Drain,
17 Project Nos. 3182 and 3528, CMWD Project No. 91-403; and
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VC11 A portion of the Vista/Carlsbad Interceptor Sewer is $97,147 and $6,053 21
cost estimated for the completion of plans and specifications for Reaches VC5A thrc 20
appropriated in the 1998-99 budget for the VistalCarlsbad Interceptor Sewer and the pr 19
WHEREAS, funds appropriated in the amount of $10,633,452 have I
22 // contingencies, therefore, there are sufficient funds available for this project; and
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WHEREAS, the City of Carlsbad is responsible for $29,294 and will be reimbu
$73,906 by the City of Vista; and
25 11 WHEREAS, the amount of $103,200 shall be appropriated from the Vista/Carl!
26 /I Interceptor Sewer; and
27 I1 WHEREAS, funds appropriaied in the amount of $475,591 have been appropr
28 1; in the 1999-98 budget for the South Carlsbad Village Storm Drain and the project il
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estimated for the completion of plans and specifications is $1 18,782 and $6,01t
contingencies, therefore, there are sufficient funds available for this project; and
WHEREAS, the amount of $124,800 shall be appropriated from South Carl
Village Storm Drain; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the CI
Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the attached agreement between Malcolm Pirnie, Inc. and the C
Carlsbad to complete design plans and specifications associated with the Vista/Carl
Interceptor Sewer, Reaches VC5B through VC1 IA, and the South Carlsbad Village 5
Drain projects be approved and accepted.
3. That the Mayor is authorized and directed to execute the prop
agreement between Malcolm Pirnie, Inc. and the City of Carlsbad.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Coun
the City of Carlsbad held on 16 th day of March , 1999, by the folk
vote to wit:
AYES: Council Members Lewis, Finnila and Kulchin
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NOES: None d /?
ABSENT: Council Member Nygaard
ABSTAIN: Council Member Hail i~/%d/7 L
ATTEST:
r'\ d. id=
ALETHA L. RAUTENKRANZ, City (
(SEAL)
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AGREEMENT
THIS AGREEMENT is made and entered into as of the 16 'I, day o
Mar& 1- 19 9 9, by and between the CITY OF CARLSBAD, a municipa
corporation, hereinafter referred to as "City", and Malcolm Pirnie, Inc. , hereinafte
referred to as "Contractor."
RECITALS
City requires the services of an independent Contractor to provide thc
necessary civil design services for preparation of desial
plans and specifications and cost estimate for the Vista/Carlsbad Intercept0
Sewer Reaches VCSB to VCllA and the South Carlsbad Village Storm Drail
Projects ; and Contractor possesses the necessary skills and qualification
to provide the services required by the City;
NOW, THEREFORE, in consideration of these recitals and the mutual covenant
contained herein, City and Contractor agree as follows:
I. CONTRACTOR'S OBLIGATIONS
See attached Exhibit "A."
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2. CITY OBLIGATIONS
The City shall:
A. Provide Contractor, in writing, all information relating to City'
requirements for the project.
6. Provide Contractor reference materials, as requested in writin!
and reasonably available. These documents include the I99
Master Plan of Sewerage, the 75% design submittal, and the dra,
1997 Master Plan of Sewage.
C. Any other information, as the Consultant's may request in waitin!
and necessary to the successful pursuit of the project contract.
D. With reasonable promptness, provide required approvals an
decisions.
3. PROGRESS AND COMPLETION
The work under this contract will begin within ten (IO) days after receipt c
notification to proceed by the City Engineer or designee and be completed within on
hundred eiclhtv (1801 days of that date. Extensions of time may be granted
requested by the Contractor and agreed to in writing by the City Engineer or designee
The City Engineer or designee will give allowance for documented and substantiate
unforeseeable and unavoidable delays not caused by a lack of foresight on the part c
the Contractor, or delays caused by City irjaction or other agencies' lack of timet
action.
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4. FEES TO BE PAID TO CONTRACTOR
The total fee payable for the services: to be performed shall be two hundrec
fifteen thousand, nine hundred twenty nine dollars $215,929. No othe
compensation for services will be allowed except those items covered by supplement:
agreements per Paragraph 8, "Changes in Work." The City reserves the right t
withhold a ten percent (10%) retention until the project has been accepted by the City.
Incremental payments, if applicable, should be made as outlined in attachec
Exhibit "A."
5. DURATION OF CONTRACT
This agreement shall extend for a period of one (I) vear from date thereof. Thc
contract may be extended by the City Manager for two (2) additional one (1) yer
periods or parts thereof, based upon a review of satisfactory performance and the City'
needs. The parties shall prepare extensions in writing indicating effective date an(
length of the extended contract.
6. PAYMENT OF FEES
Payment of approved items on the invoice shall be mailed to the Contract0
within 30 days of receipt of the invoice.
7. FINAL SUBMISSIONS
Within thirty (30) days of completion and approval of the One Hundred Percen
(100%) Plans & Specifications the Contractor shall deliver to the City the followin!
items:
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One (1) sets of specifications
One (I) final cost estimate
One (I) set of final mylars with disk of electronic files (Sewer Reaches VC5B
to VC9 and Reaches VClO and VCIIA and Storm Drain Drawings)
Two (2) sets 11" x 17" drawings on bond
8. '' CHANGES IN WORK
If, in the course of the contract, changes seem merited by the Contractor or tht
City, and informal consultations with the other party indicate that a change in tht
conditions of the contract is warranted, the Contractor or the City may request a changc
in contract. Such changes shall be processed by the City in the following manner: I
letter outlining the required changes shall be forwarded to the City by Contractor tr
inform them of the proposed changes along with a statement of estimated changes il
charges or time schedule. A Standard Amendment to Agreement shall be prepared b!
the City and approved by the City according to the procedures described in Carlsbac
Municipal Code Section 3.28.172. Such Amendment to Agreement shall not rende
ineffective or invalidate unaffected portions of the agreement.
9. COVENANTS AGAINST CONTINGENT FEES
The Contractor warrants that their firm has not employed or retained an
company or person, other than a bona fide employee working for the Contractor, ti
solicit or secure this agreement, and that Contractor has not paid or agreed to pay an:
company or person, other than a bona fide employee, any fee, commission
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percentage, brokerage fee, gift, or any other consideration contingent upon, or resultin!
from, the award or making of this agreement. For breach or violation of this warranty
the City shall have the right to annul this agreement without liability, or, in its discretior
to deduct from the agreement price or consideration, or otherwise recover, the fu
amount of such fee, commission, percentage, brokerage fees, gift, or contingent fee.
10: NONDISCRIMINATION CLAUSE
The Contractor shall comply with the state and federal laws regardin
nondiscrimination.
11. TERMINATION OF CONTRACT
In the event of the Contractor's failure to prosecute, deliver, or perform the wor
as provided for in this contract, the City Manager may terminate this contract fc
nonperformance by notifying the Contractor by certified mail of the termination of th
Contractor. The Contractor, thereupon, has five (5) working days to deliver sai
documents- owned by the City and all work in progress to the District Enqineer. Th
District Engineer shall make a determination of fact based upon the documenl
delivered to City of the percentage of work which the Contractor has performed which
usable and of worth to the City in having the contract completed. Based upon thi
finding as reported to the City Manager, the Manager shall determine the final paymel
of the contract.
This agreement may be terminated by either party upon tendering thirty (3(
days written notice to the other party. In the event of such suspension or terminatiol
rev. 81261s
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upon request of the City, the Contractor shall assemble the work product and put same
in order for proper filing and closing and deliver said product to City. In the event of
termination, the Contractor shall be paid for work performed to the termination date;
however, the total shall not exceed the lump sum fee payable under paragraph 4. The
City Manager shall make the final determination as to the portions of tasks completed
and the compensation to be made.
12. DISPUTES
If a dispute should arise regarding the performance of work under this
agreement, the following procedure shall be used to resolve any question of fact or
interpretation not otherwise settled by agreement between parties. Such questions, if
they become identified as a part of a dispute among persons operating under the
provisions of this contract, shall be reduced to writing by the principal of the Contractor
or the City Engineer or designee. A copy of such documented dispute shall be
forwarded to both parties involved along with recommended methods of resolution
which would be of benefit to both parties. The City Engineer or designee or principal
receiving the letter shall reply to the letter along with a recommended method of
resolution within ten (10) days. If the resolution thus obtained is unsatisfactory to the
aggrieved party, a letter outlining the dispute shall be forwarded to the City Council for
their resolution through the Office of the City Manager. The City Council may then opt
to consider the directed solution to the problem. In such cases, the action of the City
Council shall be binding upon the parties involved, although nothing in this procedure
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shall prohibit the parties seeking remedies available to them at law.
13. CLAIMS AND LAWSUITS
The Contractor agrees that any contract claim submitted to the City must b
asserted as part of the contract process as set forth in this agreement and not
anticipation of litigation or in conjunction with litigation. The Contractor acknowledge
that if a false claim is submitted to the City, it may be considered fraud and tt
Contractor may be subject to criminal prosecution. The Contractor acknowledges th;
California Government Code sections 12650 et seq., the False Claims Act, provides fc
civil penalties where a person knowingly submits a false claim to a public entity. The5
provisions include false claims made with deliberate ignorance of the false informatic
or in reckless disregard of the truth or falsity of information. If the City of Carlsbad see1
to recover penalties pursuant to the False Claims Act, it is entitled to recover i
litigation costs, including attorney's fees. The Contractor acknowledges that the filing
a false claim may subject the Contractor to an administrative debarment proceedir
wherein the Contractor may be prevented to act as a Contractor on any public work 1
improvement for a period of up to five years. The Contractor acknowledges debarme
by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contract
from the selection process. 4 P % (Initial
The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.02
3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. 494 (Initial
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14. STATUS OF THE CONTRACTOR
The Contractor shall perform the services provided for herein in Contractor's owr
way as an independent Contractor and in pursuit of Contractor's independent ca\ling
and not as an employee of the City. Contractor shall be under control of the City onl!
as to the result to be accomplished, but shall consult with the City as provided for in tht
request for proposal. The persons used by the Contractor to provide services under thi:
agreement shall not be considered employees' of the City for any purposes whatsoever
The Contractor is an independent Contractor of the City. The payment made tc
the Contractor pursuant to the contract shall be the full and complete compensation tc
which the Contractor is entitled. The City shall not make any federal or state ta
withholdings on behalf of the Contractor or hidher employees or subcontractors. Thl
City shall not be required to pay any workers' compensation insurance c
unemployment contributions on behalf of the Contractor or hidher emplqyees c
subcontractors. The Contractor agrees to indemnify the City and the Carlsba,
Municipal Water District within 30 days for any tax, retirement contribution, sock
security, overtime payment, unemployment payment or workers' compensatio
payment which the City and the Carlsbad Municipal Water District may be required t
make on behalf of the Contractor or any employee or subcontractor of the Contractc
for work done under this agreement or such indemnification amount may be deducte
by the City and the Carlsbad Municipal Water District from any balance owing to th
co'ntractor.
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The Contractor shall be aware of the requirements of the Immigration Reforn
and Control Act of 1986 and shall comply with those requirements, including, but nc
limited to, verifying the eligibility for employment of all agents, employee:
subcontractors and Consultants that are included in this agreement.
15. CONFORMITY TO LEGAL REQUIREMENTS
The Contractor shall cause all drawings and specifications to conform to E
applicable requirements of law: federal, state and local. Contractor shall provide E
necessary supporting documents, to be filed with any agencies whose approval i
necessary.
The City will provide copies of the approved plans to any other agencies.
16. OWNERSHIP OF DOCUMENTS
All plans, studies, sketches, drawings, reports, and specifications as herei
required are the property of the City, whether the work for which they are made b
executed or not. In the event this contract is terminated, all documents, plan5
specifications, drawings, reports, and studies shali be delivered forthwith to the City
Contractor shall have the right to make one (1) copy of the plans for hidher records.
17. REPRODUCTION RIGHTS
The Contractor agrees that all copyrights which arise from creation of the wor
pursuant to this contract shall be vested in City and hereby agrees to relinquish a
claims to such copyrights in favor of City.
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18. HOLD HARMLESS AGREEMENT
Contractor agrees to indemnify and hold harmless the City of Carlsbad and thc
Carlsbad Municipal Water District and its officers, officials, employees and volunteer!
from and against all claims, damages, losses and expenses including attorney fee!
arising out of the performance of the work described herein caused in whole or in par
by any willful misconduct or negligent act or omission of the Contractor, an'
subcontractor, anyone directly or indirectly employed by any of them or anyone fc
whose acts any of them may be liable, except where caused by the active negligence
sole negligence, or willful misconduct of the City of Carlsbad and the Carlsbal
Municipal Water District.
Contractor shall at its own expense, upon written request by the City and th
Carlsbad Municipal Water District, defend any such suit or action brought against th
City and the Carlsbad Municipal Water District, its officers, officials, employees an
volunteers.. Contractors indemnification of City and the Carlsbad Municipal Watc
District shall not be limited by any prior or subsequent declaration by the Contractor.
19. ASSIGNMENT OF CONTRACT
The Contractor shall not assign this contract or any part thereof or any monk
due thereunder without the prior written consent of the City.
20. SUBCONTRACTING
If the Contractor shall subcontract any of the work to be performed under th
contract by the Contractor, Contractor shall be fully responsible to the City for the ac
rev. 81261s
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and omissions of Contractor's subcontractor and of the persons either directly o
indirectly employed by the subcontractor, as Contractor is for the acts and omissions c
persons directly employed by Contractor. Nothing contained in this contract sha
create any contractual relationship between any subcontractor of Contractor and thl
City. The Contractor shall bind every subcontractor and every subcontractor of
subcontractor by the terms of this contract applicable to Contractor's work unles
specifically noted to the contrary in the subcontract in question approved in writing b
the City.
21. PROHIBITED INTEREST
No official of the City who is authorized in such capacity on behalf of the City 1
negotiate, make, accept, or approve, or take part in negotiating, making, accepting, (
approving of this agreement, shall become directly or indirectly interested personally I
this contract or in any part thereof. No officer or employee of the City who is authorize
in such capacity and on behalf of the City to exercise any executive, supervisory, (
similar functions in connection with the performance of this contract shall becorr
directly or indirectly interested personally in this contract or any part thereof.
22. VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, agent, or employee of tt
City, either before, during or after the execution of this contract, shall affect or modi
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any of the terms or obligations herein contained nor entitle the Contractor to an'
additional payment whatsoever under the terms of this contract.
23. SUCCESSORS OR ASSIGNS
Subject to the provisions of Paragraph 18, "Hold Harmless Agreement," a
terms, conditions, and provisions hereof shall inure to and shall bind each of the partie
hereto, and each of their respective heirs, executors, administrators, successors, an
assigns.
24. EFFECTIVE DATE
This agreement shall be effective on and from the day and year first writte
above.
25. CONFLICT OF INTEREST
The City has determined, using the guidelines of the Political Reform Act and tt-
City's conflict of interest code, that the Contractor will not be required to file a conflict (
interest statement as a requirement of this agreement. However, Contractor heret
acknowledges that Contractor has the legal responsibility for complying with tt
Political Reform Act and nothing in this agreement releases Contractor from th
responsibility.
26. INSURANCE
The Contractor shall obtain and maintain for the duration of the contract and a1
and all amendments insurance against claims for injuries to persons or damage
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property which may arise out of or in connection with performance of the wor
hereunder by the Contractor, his agents, representatives, employees or subcontractor:
Said insurance shall be obtained from an insurance carrier admitted and authorized tl
do business in the State of California. The insurance carrier is required to have
current Best's Key Rating of not less than "A-:V" and shall meet the City's policy fc
insurance as stated in Resolution No. 91-403.
A. Coverages and Limits.
Contractor shall maintain the types of coverages and minimum limil
indicated herein, unless a lower amount is approved by the City Attorney or Cii
Manager:
1. Comprehensive General Liability Insurance. $1,000,000 combine
single-limit per occurrence for bodily injury, personal injury and property damage. If th
submitted policies contain aggregate limits, general aggregate limits shall app
separately to the work under this contract or the general aggregate shall be twice tl-
required per occurrence limit.
2. Automobile Liability (if the use of an automobile is involved fc
Contractor's work for the City). $1,000,000 combined single-limit per accident for bodi
injury and property damage.
3. Workers' Compensation and Employer's Liability. Workel
Compensation limits as required by the Labor Code of the State of California ar
Employer's Liability limits of $1,000,000 per accident for bodily injury.
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4. Professional Liability. Errors and omissions liability appropriate to
the contractor’s profession with limits of not less than $1,000,000 per claim. Coverage
shall be maintained for a period of five years following the date of completion of the
work.
B. Additional Provisions.
Contractor shall ensure that the policies of insurance required under thi:
agreement contain, or are endorsed to contain, the following provisions.
1. The City and the Carlsbad Municipal Water District shall be namec
as an additional insured on all policies excluding Workers’ Compensation anc
Professional Liability.
2. The Contractor shall furnish certificates of insurance to the CiQ
before commencement of work.
3. The Contractor shall obtain occurrence coverage, excludins
Professional Liability which shall be written as claims-made coverage.
4. This insurance shall be in force during the life of the agreement anc
any extension thereof and shall not be canceled without 30 days prior written notice tc
the City sent by certified mail.
5. If the Contractor fails to maintain any of the insurance coverage
required herein, then the City will have the option to declare the Contractor in breach, c
may purchase replacement insurance or pay the premiums that are due on existinl
policies in order that the required coverages may be maintained. The Contractor i
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responsible for any payments made by the City to obtain or maintain such insurancc
and the City may collect the same from the Contractor or deduct the amount paid fron
any sums due the Contractor under this agreement.
27. RESPONSIBLE PARTIES
The name of the persons who are authorized to give written notices or to receivt
written notice on behalf of the City and on behalf of the Contractor in connection wit1
the foregoing are as follows:
For City: Title William E. Plummer, District Engineer
Name Carlsbad Municipal Water District
Address 5950 El Camino Real
Carlsbad, California 92008
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For Contractor: Title
Name Malcolm Pirnie, Inc.
Address 703 Palomar Airport Road, Suite 150
Carlsbad, California 92009
ArchitecuLicense Number:
ArchitecuLicense Number:
28. BUSINESS LICENSE
Contractor shall obtain and maintain a City of Carlsbad Business License for thc
duration of the contract.
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29. ENTIRE AGREEMENT
This agreement, together with any other written document referred to o
contemplated herein, embody the entire agreement and understanding between thc
parties relating to the subject matter hereof. Neither this agreement nor any provisiol
hereof may be amended, modified, waived or discharged except by an instrument il
writing executed by the party against which enforcement of such amendment, waiver c
discharge is sought.
Executed by Contractor this 24 day of February ,1999
CONTRACTOR: CITY OF CARLSBAD, a municipz
MALCOLM PIRNIE, INC. corporation of the State of California
Paul L. Findley, Vice President ATTEST:
(print nameltitle)
By:a3+.k yd 1 6
(sign here) A. R- -
Douglas M. Owen, Vice President ALETHA L. RAUTENKRANZ
(print nameltitle) City Clerk
(Proper notarial acknowledgment of execution by Contractor must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only or
officer signs, the corporation must attach a resolution certified by the secretary or assistant secreta1
under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
City
BY Q. f-5- - BeptrtpCi Attorney
%2 r/ 77.
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STATE OF CALIFORNIA ’i
COUNTY OF AN hcho 1 } ss.
On LI~~ITY before me, /ddhlc\/ Js c/b{I& , /IIoTAk?Y f’Ubi/c
DATE dAME AND TITLE OF OFFICER
personally appeared IAU L L. FlNb u?/ NAME(S) OF SIGNER(S)
Upersonally known to me - OR - [7 proved to me on the basis of satisfactory evidence to be the person(
name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
fi1111 . ci (This area for official notary seal.)
,I,,,JE& NosRy
Title or Type of Document thp6%iONAC SFkdlES &&flEdT
Date of Document FEWUMY a4 , /49tt NO. of Pages /7
Signer(s) other than named above &LI 6U 5 M a OwEd
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CMWD 91 -403
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STATE OF CALIFORNIA 1
COUNTY OF .%ht Dig60 1 ss-
On 2-/24/9? before me, ddnlCY Jo h2/kI ddTAh'\l $hLlC DATE ' NAME AND TITLE OF OFFICER
personally appeared Joilc7LAs /y * OWEU
NAME(S) OF SIGNER(S)
qpersonally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(
name(s) is/are subscribed to the within instrument and acknowledged to me that helshelthey executed the
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
$4,w x. &A (This area for official notary seal.)
SlGNATdRg OF NOTkRY
Title or Type of Document f?@~~s~~~Ai~L .sEfirj/& 5 ffh@%gdf
Date of Document FLARUARY a, 1949 NO. of Pages /7
Signer(s) other than named above !fluL I, 4 FIadLEY
I
CMWD 91 -403
061
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Scope of Work - Design Phase
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It is our understanding that the Owner’s project manager will be Ms. Kelly
Efimoff and that all correspondence will be directed to her with a copy being sent
to Mr. Doug Helming. The deputy project manager referred to herein will be Mr.
Mike Ruth of Earth Tech.
PROjECT MANAGEMENT (Design)
Task I IO - Track Project Progress and Schedule
Perfom overall project management, monitor budgets, and provide a detailed
project schedule using Microsoft Project. The anticipated duration of the project
and project milestones are as shown on the attached schedule.
Task 120 - Monthly Progress Meetings
The project manager, deputy project manager and task managers, if necessary,
will attend monthly project meetings with the CMWD/City. Malcolm Pirnie will
prepare meeting agendas and summaries.
Task 130 - Coordination Meetings
These meetings will be in addition to the regular monthly meetings.
Approximately 5 meetings are anticipated in this task. This estimate of meetings
provides a basis for the fee proposal. It is anticipated that these meetings will be
with the Carlsbad Municipal Water District and City of Carlsbad Engineering
Department in order to address design issues such as traflic, stom drainage,
pavement resurfacing and constructability. In addition, meetings may be
necessary with the City of Vista, the City’s geotechnical consultant, North County
Transit District, Southem California Gas Company and various other utilities.
These meetings will typically be attended by the project manager, deputy project
manager and appropriate task manager(s). Also included in this task will be the
preparation of a meeting summary that will be distributed within 5 days to the
CMWD/City’s project manager and all attendees.
Malcolm Pirnie is available to attend public meetings but has not included this
effort in the fee proposal. Time required to attend meetings with agencies to
discuss environmental and permit issues is included in Task 410 Permit Services.
Task 140 - Subconsultant Management
Malcolm Pirnie will have total responsibility for the administration and technical
and financial aspects of this project, including overall management and
coordination of the project’s sub-consultants. Under this task, ouc Project
Manager will provide direction, coordinate the efforts, track the progress, and
administer the contracts of the various sub-consultants. The S~b-cO~ultantS to
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Malcolm Pirnie are Earth Tech, Darnell & Associates, Haley and Aldrich, Beyaz
8~ Patel, BHA, DHK and Raz Konyalian.
Task 150 - Project Documentation
Communication is most effective if it is accurately documented and distributed for
the benefit of the entire project team, both internally and externally. The
objective of this documentation is to provide concise summaries of each major
decision that will keep the entire project team up to date and will serve as the
basis for implementation of subsequent work efforts. Copies of all memos,
letters, telephone conversation reports, etc. will be provided to the CMWD/City
project manager.
Task 160 - QMQC
Senior members fiom both Malcolm Pirnie and Earth Tech will provide Quality
Assurance and Quality Control of the project. The members of this group will
provide an independent review of the contract documents and assist in the
resolution of technical differences that may potentially arise. QNQC review will
be performed prior to the 90% and 100% submittals. Raz Konyalian, as sub-
consultant to MPI, will provide assistance to resolve design issueddifferences
between MPI and Earth Tech.
DOCUMENT REVIEW
Task 210 - Review Existing Design Drawings & Calculations
Malcolm Pimie will review Earth Tech’s previous 90% design submittal
consisting of drawings, specifications, hydrology and hydraulics calculations, and
their design notebook. This also includes review of previous meeting minutes and
correspondence in order develop an understanding of the issues related to Earth
Tech’s portion of the design.
Specific elements to be reviewed are the basis of horizontal alignment, structural
details, permit status and requirements, construction sequence, procedure for
Tamarack tunnel crossing, and geotechnical considerations specific to the Earth
Tech alignment. The effort to perform any revisions that may be necessary is
included in Task 320, Final Design Drawings.
Task 220 - Prepare Plat & Legal Descriptions for NClD License
Malcolm Pimie will provide the C”D/City with a plat and legal description for
all sewer and storm drain facilities located within the railroad right-of-way. It is
anticipated that the CMWD/City will be responsible for processing the submittal
package and any related fees in order to obtain a license hm the North County
Transit District. A field survey will be performed to verify that the previous Earth
Tech horizontal control is consistent with the Malcolm Pirnie design.
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0 0
FINAL DESIGN
Task 31 0 - Combine Drawing Packages
Malcolm Pirnie’s original contract drawings will be re-stationed by adding 100 to
the stationing and adding a station equation where the previous Earth Tech and
Pimie contracts join. The station equation and restationing is necessary to
more clear and concise drawing set and minimize conhsion during construction.
Re-stationing will impact the original Malcolm Pimie drawings only.
The concept for repackaging the drawings will be as identified on the attached
drawing list (Exhibit A).
Task 31 5 - Implement Original 90% Review Comments
This task consists solely of the effort for Earth Tech, as a subconsultant to
Malcolm Pirnie, to complete their portion of the contract documents as originally
contracted with the City and to respond and implement previous 90% review
comments provided by the CMWD/City, utility agencies, the North County
Transit District, and the CMWD/City’s geotechnical consultant (Woodward-
Clyde) as applicable to the repackaged contract. Comments related to engineering
calculations and cost estimates will also be addressed in this task as it relates to
the original design concept developed by Earth Tech.
Task 320 - Final Design Drawings (90%, 100% & Final)
Malcolm Pirnie will eliminate the Open Trench alternative (Schedule A) method
of construction in Jefferson Street. The interceptor sewer design will maintain the
deeper profile established previously for microtunneling and the Oak Avenue
portion of the interceptor sewer design will be identified as either open trench or
microtunnel construction as selected by the contractor. Schedule ‘A’ related
details and traffic control schemes will be removed fiom the drawing set. Traffic
control drawings will be renumbered as appropriate.
The bore and jack railroad crossing at the end of Oak Avenue will be eliminated
and junction structure A-2 will be replaced with a typical manhole. The Oak
Avenue profile will be deepened at the intersection of Oak Avenue and Roosevelt
Street in order to cross beneath the existing collector sewer and to eliminate the
elaborate connections and bypass arrangement previously designed to
accommodate the separate contracts.
The repackaged contract drawings will be resubmitted as a 90% submittal for
review and comment. The comments will be addressed zd a 100% design
package submitted for final comment. These comments will be addressed and
final mylars delivered to the CMWD/City for Bidding. The effort to address
e2iminate an overlap in stationing between the 2 drawing sets. fis will provide a
3
0 e
review comments and Malcolm Pirnie's review of Earth Tech Drawings is
included in this task.
"mx (3) signage and striping plans will be added to accommodate A.C. overlay
for the streets impacted by the Earth Tech design. The requirements for A.C.
overlay will be as specified in the original Malcolm Pirnie specifications. The
limits of A.C. overlay will be shown on the drawings.
MPVEarth Tech will prepare structural details at the connection of the modified Type "F" catch basins to the retaining wall along the west side of the 1-5 right-of-
way. We will revise details based upon input from the City of Carlsbad. We will
not perform any direct coordination with Caltrans as part of this task. It is
assumed that one (1) detail sheet will be required in conjunction with this task.
Due to the substantial completion of design, changes to horizontal alignment,
profile, or pipe size which may be requested by the CMWD/City or other
permitting agency are not anticipated and therefore such effort would be
considered to be beyond this scope of work.
Malcolm Pirnie, Inc. will seal their respective design drawings and Earth Tech
will seal the drawings prepared solely by Earth Tech.
Task 330 - Revise Specifications
The 2 sets of Contract Specifications previously developed will be consolidated
into a single set of specifications and bid documents. The technical specifications
will utilize the CSI format. The original MPI specifications will be revised to
incorporate the Earth Tech design. Any reference to the previous open trench
alternative (schedule A) will be removed fiom the specifications. Changes to the
specifications caused by the combining of the 2 phases of work will be addressed
under this task. Maintenance of operation of existing facilities will also be
addressed within this task as well as revisions to the microtunneling andor pipe
jacking specification. It is our understanding that the CMWD/City will prepare
Special Provisions to the City's General Conditions with the exception that
MPI/Earth Tech will prepare the Bid Schedule and Measurement & Payment
sections.
The specifications will be submitted for review along with the drawings as
identified above in Task 320. The specifications will be closely reviewed by both
Malcolm Pimie and Earth Tech to ensure that the specifications are consistent
with the intent shown on the design drawings as prepared by both firms.
4
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It is anticipated that 4 bid schedules will be developed for this project which will
define the following elements of work:
Schedule A - Vista Carlsbad Interceptor Sewer
Schedule B - Other Sewer Work
Schedule C - Storm Drain Improvements
Schedule D - Street Resurfacing
A deductive bid item will be developed for bid schedules A & C to allow the
contractor to reduce his bid for last minute reductions in pipe cost that may be
obtained by pipe suppliers.
Task 331 - Prepare Alternate Pipe Specijkation
Not Included
Task 332 - Develop Cost Reduction Incentive Specification
Not Included
Task 340 - Design Slope Failure Repair
Assist the CMWD/City in the preparation of a scope of work to request further
geotechnical information. When geotechnical recommendations have been
provided to Malcolm Pimie fi-om the CMWDKity, Malcolm PirnieEarth Tech
will develop a grading detail and specifications to reconstruct the slope.
Coordination with the gas company is also anticipated within this task.
MPUEarth Tech will also provide additional topography by field survey at the
Agua Hedionda Lagoon stom drain outlet as required to define the extent of the
slope failure.
Task 350 - Prepare Cost Estimates
An Engineer’s Estimate of Probable Construction Costs will be prepared. The
cost estimate will be projected to the mid point of construction. The format
provided will be a standard line item estimate with quantity, unit cost and total
cost shown and will match the items identified in the bid schedules. The estimate
will not include a breakdown between material, equipment, and labor. The cost
estimate will be adjusted to be consistent with the bids received fiom the previous
Malcolm Pimie Design.
5
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Prior to combining the cost estimates, Malcolm Pirnie will review Earth Tech’s
unit costs from their 90% submittal as compared to the previous bids received.
DELIVERABLES: Provided in accordance with the enclosed schedule.
90% submittal
10 sets of 24” x 36” blueline drawings
7 sets of cost estimate
100% Submittal
10 sets of 24” x 36” blueline drawings
1 set of 24” x 36” vellums
10 sets of specifications
7 sets of cost estimate
1 set Final Hydrology/Hydraulics Calculations (stamped & signed)
Final submitt4
1 set of 24” x 36” mylars
1 set of single sided specifications
1 copy of final cost estimate
2 sets of 1 l”x 17” drawings on bond (Not to Scale)
AutoCadd Files (Release 13)of drawings on CD-ROM
Note: MPI will provide and distribute review sets to the reviewing utility
10 sets of specifications
agencies.
Task 360 - Perform Noise Study on Jefferson Street
Malcolm Pirnie will perform a field survey of the ambient noise levels along the
proposed locations of the jacking shafts. The data will then be used to better
define noise mitigation requirements in the specifications.
Based on the site inspection, an ambient noise monitoring program will be
completed using a A-weighted Sound Level Meter. The Sound Meter will be
equipped with optional circuitry and microphones to meet the requirements of
ANSI S1.4 for Type II precision sound level meters. A Bruel & Kajaer (E3 lk K)
Type 4936 prepolarized random incidence microphone will be integral to the
sound meter. The sound meter will be positioned 4.5 feet above the ground. A
minimum of six (6) monitoring locations will be provided. Noise monitoring will
be completed over a two day period. It is proposed to complete morning,
afternoon and night monitoring sessions to characterize the existing conditions
with each monitoring event lasting approximatdy 30-minutes.
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Table 1 provides a matrix of monitoring activities:
Table 1
Jefferson Street Ambient Noise Monitoring Program
* Chestnut and Oak Avenue locations
PERMIT SERVICES
Task 41 0 - Permit Assistance
Prepare minor revisions to the current NPDES permit application and Encina
application for construction dewatering and submit to the RWQCB and Encina,
respectively.
Perform minor revisions to the previously prepared Storm Water Pollution
Prevention Plans (SWPPP) prepared by Malcolm Pirnie and Earth Tech to
eliminate conflicts between the requirements of the 2 plans.
It is anticipated that 2 SWPPPs will remain for the 1 project. The previously
prepared N.O.I. will be amended by MPI to cover the entire project. The N.O.I.
will be provided to the CMWD/City for submittal to the State Water Resources
Control Board. The SWPPPs will comply with the requirements of Order No. 92-
08 as originally prepared.
Malcolm Pirnie will provide technical assistance to the CMWD/City’s
environmental consultant in the preparation of permit applications to the Corps of
Engineers, the RWQCB and California Department of Fish and Game. Technical
assistance shall include an initial briefing meeting, attendance at agency meetings
and providing Cadd files and blueline drawings for the environmental consultants
use.
It is our understanding that the City will perform all coordination with Caltrans
and the Coastal Commission and obtain the necessary permits. MPI/Earth Tech
will provide assistance in the techrucal issues.
7
0 0
Earth Tech will transfer the remaining 20% balance of $2000, from Task 10,
NPDES permit (construction), fkom their previous contract with the City of
Carlsbad. This task will require final revision in accordance with the original
contract.
8
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Exhibit A
VistdCarlsbad interceptor
Sewer Replacement and
South Carlsbad Village Storm Drain
Combined Drawing List
It I 5
Earth Tec SDNR WW - SewerlStorm Drain - Sta. S+OO to 48+00 7
Earth Tec SDNR RIW - SewerlStorm Drain - Sta. 23+00 to 35+00 6
Earth Tec SDNR WW - SewerlStorm Drain - Sta. 11 +OO to 23+00
II 8
Earth Tec Harding Street Storm Drain - Sta. 1 +OO to 11 +OO 10
Earth Tec Chestnut Ave. - SewerlStorrn Drain - Sta. 19+00 to 29+50 9
Earth Tec Chestnut Ave. - SewerlStorrn Drain - Sta. lO+OO to 19+00
If -
11
Earth Tec Harding Street Storm Drain - Sta. 22+00 to 29t35.71 12
Earth Tec Harding Street Storm Drain - Sta. 1 1 +OO to 22+00
13 Earth Tec Oak Avenue Storm Drain I1 14
Earth Tec Pine Avenue Storm Drain 15
Earth Tec Oak Avenue Storm Drain
16
Earth Tec Storm Drain Lateral Profiles 18
Earth Tec Chinquapin Avenue Storm Drain 17
Earth Tec PaldMagnolia Avenue StohDrain
IC 19
Earth Tec Sewer Details 21
Earth Tec Storm Drain Details 20
Earth Tec Storm Drain Details
II 22
Earth Tec General Details 24
Earth Tec Sewer Details 23
Earth Tec Sewer Details
I I 25 [ Jack and Bore Details I Earth Tec
26
Earth Tec Traffic Control - Harding Street 30
Earth Tec Traffic Control - Magnolia Avenue 29
Earth Tec Title Sheet - Traffic Control 28
Earth Tec Erosion Control Plan 27
Earth Tec Erosion Control Plan
0 0
n I I 46
Earth Te Traffic Control - Chestnut Avenue 47
Earth Te Traffic Control - Chestnut Avenue
48 Earth Te Traffic Control - Intersection Typicals n I _.
0 0
26
27
MPI Traffic Control - Oak Ave., Roosevelt St. to Jefferson St.
MPI Traffic Control - Jefferson St., Oak Ave. to Grand Ave. I I i .28 Traffic Control - Jefferson St., Grand Ave. to Arbuckle PI.
MPI Traffic Control - Jefferson St., 250' SI0 Laguna Dr. to Buena PI. 30 h
MPI Traffic Control - Jefferson St., Arbuckle Pi. to 250' SI0 Laguna Dr. 29
MP I
II -
I 35
- -
Traffic Control - Jefferson St., Buena PI. to 350 N10 Buena Vista
Jefferson St. Trenching, Las Flores Dr. to 350' N1O Buena Vista
MPI
MPI Traffic Control - Storm Drain - Oak Ave., Tyler St. to Roosevelt St.
MPI Traffic Control - Storm Drain - Oak Ave. State St. to Tyier St.
st.
MPI Traffic Control - Storm Drain - Oak Ave., Railroad Station to State
MPi
0 SUMWY OF STANDARD CHAR(
This document describes the basis for compensation and tern of payment. All rates presented apply to services rendered during
calendar year I999 and are subject to adjustment on January 1 of each subsequent year.
In addition to these fees, clients will also be responsible for any sales or value-added kxes that may apply to engineering services
performed.
1. Hourly Rates: Charges for services provided will be in accordance with the following schedule:
Classification Hourly Rate Technician 1 f 38h
Technician 3 54
Technician 4 71
Technician 5 78
Technician 6 95
Technician 7 109
Technician 8 130
EngineedScientistchitect 1 70
Engineer/Scientistchitect 2 80
Engineer/Scientisthitect 3 85
Project Engineer/Scientistchitect 4 94
Project Engineer/Scientistchitect 5 108
Senior Project Engineer/Scientist/Architect 6 131
Associate 153
Senior Associate 170
Officer 192
Technician 2 45
Overtime - No overtime premium is charged for project work outside of normal working horn.
2. Other Birect Costs: All expenses incurred for a project, except in-house services specified below, from outside vendors
be invoiced at cost plus 10% to cover administrative expenses. These items may include, but are not limited to: shipping
charges; printing; supplies; equipment; traveling expenses; special insurance; licenses; permits; or subcontractors.
In-house services consist of:
Computers 49hour for microcomputers
$19/hour for CADD
$4O/hour for GPSX process model
Transportation $0.34/mile for automobiles $0.44/miIe for 4x4 vehicles
Reproduction .SO. lO/copy for standard page sized documents
Laboratory Unit prices for sample testing, handling, and storage are available for individual assignmen
Equipment A scheduk of usage rates for specialty equipment is available for field assignments
3. Payment:' All invoices are due and payable within 30 days of billing date. Any attorney's fees, court costs, or other rela
expenses incurred in collecting delinquent accounts shall be paid by the client. Delinquent bills are subject to finance ch
1.5% per month.
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@ CERTIFICATE OF RESOLUTION e
,Assistant I, RICHARD P. BROWNELL, Secretary of Malcolm Pirnie, Inc., do hereby certify that
the following resolution has been duly adopted by the Board of Directors of the Corporation.
RESOLVED that Paul Findley, Vice President, and Douglas Owen, Vice President, are
hereby authorized to execute on behalf of Malcolm Pirnie, Inc. the Agreement with the Carlsbad
Municipal Water District to provide professional services for VistaKarlsbad Interceptor Sewer
Replace Project, Reaches VCSB to VCllA and the South Carlsbad Village Storm Drain Projects,
CWMD Project 91-403.
This authorization is granted in accordance with a Resolution adopted by the Board of
'Directors of Malcolm Pirnie, Inc. at a meeting held on December 10, 1998. The Resolution sets
forth the procedures for signing contracts and agreements.
I further certify that the foregoing Resolution has not been modified or repealed and that
it is in full force and effect.
IN WITNESS WHEREOF, I have executed this Certificate and affixed the corporate seal
this 26th day of February, 1999.
(corporate seal)
STATE OF NEW YORK 1
COUNTY OF WESTCHESTER ) ss.:
Signed before me this 26th
day of February, 1999.
PAT A GIANGRECOI NOTARY PUBLIC, state of New Yo& No. 60-4658894 Qualii in Westchest r Committion Expires June 30, &!.?E-
CERT\CERTRES.RPB
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I CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM.
EXCLUSIONS AfdD CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 11";. TYPE OF INSURANCE POLICY NUMBER j POLICY EFFECTIVE t POLICY EXPIRATION :
I DATE (MMIDDNY) j DATE (MMIDDNY) LIMITS
I .. I GENERAL LIABILITY x : COMMERCIAL GENERAL LIABILW i ................ ........... ......... ..... ... A ;:::::.::.ti< CLAIMS MADE :'x'.i OCCUR i ..... <.'. .............. ......
OWNER'S a CONTRACTORS PROT ; : 299502465 (1)
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I EL DISEASE - POLICY LlMil ! S A THE PROPRIETOR/ k': INCL : ..
PARTNERSIEXECUIlVE I ........................................................... ........
OFFICERS ARE: i : D(cL; j EL DISEASE -EA EMPLOYEE ' S
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DESCRIPTION OF OPERATlONSROCATlONSICLESlSPECW ITEMS OPERATIONS OF THE NAMED INSURED.
(1) THE CITY OF CARLSBAD AND CARLSBAD MUNICIPAL WATER DISTRICT ARE INCLUDED AS
ADDITIONAL INSUREDS, BUT ONLY FOR WORK PERFORMED BY MALCOLM PIRNIE, INC.
Carl sbad Muni ci pal Water Di st ri ct
Attn: Kelly I. Efimoff
5950 El Camino Real
Carlsbad, CA 92608-3367
- ..... ... ... ... ... ..... .... . . ~. ..... ...
SHOULD ANY OF THE ABOM DESCRIBED POLICIES BE CANCELLED BEF
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WlLL ENDEAVOR 1
WRlllEN NOTICE TO THE TlFlCATE HOLDER NAMED T
BUT F U E TO MAIL SUCH NOT- 947 L IMPOSE NO OBLIGATION OR %Jfl
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM:
EXCLUSIONS A~D CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ..................................................................................................................................................................................................................................................... 1:;: TYPE OF INSURANCE POLICY NUMBER i POLICY EFFECTIVE i POLICY EXPIRATION ' i DATE IMMIDDNY) I DATEIMMIDDNY) LIMITS
I .. I , GENERAL LIABILITY ........... ....... GENERAL AGGREGATE [ 0
COMMERCIAL GENERAL LIABILITY ! : PRODUCTS - COMPIOP AGG i $
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: (Per accident) BODILY INJURY
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........ ! BCLi j EL DISEASE - EA EMPLOYEE f
OTHER ;Per Claim and
A brofessional Liability: AEN 821 40 23 i 07/01/1998 \ 07/01/1999 'Annual Aggregate 1
.Including C1 aims exr
DESCRIPTION OF OPERATlONSROCATlONSICLEYSPECW ITEMS
OPERATIONS OF THE NAMED INSURED.