HomeMy WebLinkAbout1984-10-02; City Council; 7899; Carlsbad State Beach Bluff ProtectionAB#,--
MTG. 10/*/84
DEPT. ENG
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TITLE: CONSULTANT AGREEMENTS FOR
CARLSBAD STATE BEACH BLUFF PROTECTION
(PROJECT NO. 3185) CITY MOR..=
RECOMMENDED ACTION:
Approve Resolution No. authorizing the Mayor to execute an
agreement for Services with Woodward-Clyde
Consultants and appropriating $44,830 for the Carlsbad State Beach
Bluff Protection Project.
Approve Resolution authorizing the Mayor to execute an
agreement to Impact Report with WESTEC
Services, Inc. for the Carlsbad State Beach Bluff Protection Project.
ITEM EXPLANATION:
On August 21, 1984, the City Council adopted a resolution of support
(No. 7723) for this bluff protection project and directed staff to
solicit proposal for preliminary engineering services and for the
preparation of an Environmental Impact Report (EIR).
Requests for engineering services were sent to four firms and two
responded:
1. Moffatt & Nichol, Engineers - estimated fee $18,000
2. Woodward-Clyde Consultants - estimated fee $17,500 -
$22,250
The firm of Woodward-Clyde Consultants was selected based on having
the best proposal, a more inclusive scope of work and experience more
directly related to this project. Woodward-Clyde provided the design
for a rip rap seawall in Pacifica, California which has received
Department of Boating and Waterways funding. They will also be able
to meet the tight time schedule required.
Woodward-Clyde Consultants will provide the following services for
this project:
I. Agency Contacts $ 1,850.00
111. Preliminary Design 6,250.00
IV. Final Report (includes 15 copies) 1,500.00
11. Field, Office & Survey Work 12,000.00
Fixed Fee $ 21,600.00
They will also be available on an as-needed basis if required for
additional consultation, presentations at public hearings and extra
copies of the final report for a fee not to exceed $3,200.00. Total
fee not to exceed $24,000.00.
Requests for services to prepare an EIR were sent to six firms and only one, WESTEC Services, Inc., responded. Their proposal,
experience and qualifications are all excellent and they have been
ITEM EXPLANATION (continued):
selected to do this work. They will prepare the EIR on a time and
materials basis, include 50 copies of the EIR and attendance at two
scoping meetings if required for a fee not to exceed $20,230.00.
FISCAL IMPACT:
No funding has been appropriated for this project. $44,830 ($41,830
for consultant services and $3,000 for staff time) will be
appropriated from the General Capital Construction Unappropriated
Fund balance to the Carlsbad State Beach Bluff Protection Project,
account number 001-820-1819-3135. Currently, about $4,500,000 is
available in the Unappropriated Fund.
EXHIBITS:
1. Location Map.
2. Resolution No. authorizing the Mayor to execute an
agreement with Consultants and appropriating
funds.
3. Resolution No. authorizing the Mayor to execute an
agreement with Services, Inc.
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RESOLUTION NO. 7771
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT
CONSULTANTS FOR PRELIMINARY ENGINEERING SERVICES
AND APPROPRIATING FUNDS FOR THE CARLSBAD STATE
BETWEEN THE CITY OF CARLSBAD AND WOODWARD-CLYDE
BEACH BLUFF PROTECTION - PROJECT NO. 3185
The City Council of the City of Carlsbad, California, does hereby
resolve as follows:
1. That an agreement between the City of Carlsbad and Woodward-Clyde
Consultants for preliminary engineering services for the Carlsbad State Beach
Bluff Protection Project, a copy of which is attached hereto and incorporated
herein by reference as Exhibit A, is hereby approved.
2. The Mayor of the City of Carlsbad is hereby authorized
directed to execute said agreement for and on behalf of the City of
3. Funds in the amount of $44,830 are hereby appropriated
General Capital Construction Unappropriated Fund Balance to the Car
Beach B1 uff Protect ion Project, account number 001-820-1819-3185,
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and
Car 1 s bad.
from the
sbad State
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council
of the City of Carlsbad held the - 2nd day of October , 1984, by
the following vote, to wit:
AYES: Council Members Casler, as, Chick and Prescott
NOES: None
B EL& ABSENT: Council Mesnber Kulchin
MARY H. dSLER, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City clerd.
kLz%dQ&
(SEAL)
AGREEMENT FOR PRELIMINARY ENGINEERING SERVICES
FOR THE CARLSBAO STATE BEACH BLUFF PROTECTION STUDY
THIS AGREEMENT, made and entered into as of the 2q+A day of
&pea , 1984, by and between the CITY OF CARLSBAD, a municipal
corporation, hereinafter referred to as "City," and WOODWARD-CLYDE
CONSULTANTS hereinafter referred to as "Consultant .'I
RECITALS
City requires the services of an engineering consultant
to provide the necessary preliminary engineering services for '
preparation of a description - including drawings - and a cost
estimate of a proposed bluff protection seawall to be located
along Carlsbad Boulevard and the Carlsbad State Beach between Oak
Avenue and 800 feet south of Tamarack Avenue (approximately 4,400
feet in length); and
Consultant possesses the necessary skills and
qualifications to provide the services required by City;
NOW, THEREFORE, in consideration of these recitals and
the mutual covenants contained herein, City and Consultant agree
as follows:
1. CONSULTANT'S OBLIGATIONS
Consultant shall perform the work contained in the Scope of
Work attached to this agreement as Exhibit A and made a part hereof.
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2. CITY 1s OBLIGATIONS
City shall:
a. Provide a copy of existing topographic maps which are
available in City's files.
b. Provide a copy of any pertinent survey notes.
c. Provide blank mylar drawing sheets to be used by Consultant
for plan and profile of project.
d. Provide one copy of the City of Carlsbad Standards.
3. PROGRESS AND COMPLETION
The work under this contract will begin immediately upon receipt
of notification to proceed by the City and be completed in accordance
with the 'Project Schedule attached as Exhibit 6. Extensions of time
may be granted if requested by Consultant and agreed to in writing by
City Engineer. In consideration of such requests, City Engineer will
give allowance for documented and substantiated unforeseeable and
unavoidable delays not caused by a lack of foresight on the part of
the Consultant, or delays caused by City inaction or other agencies'
lack of timely action.
4. FEES TO BE PAID TO CONSULTANT
PHASE WORK DESCRIPTION
I Agency Contacts and Identification
of issues
I1 Field Investigation, Office Studies
and Survey
I11 Preliminary Design
FIXED FEE
$ 1,850.00
12,000.00
6,250.00
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IV Task No. 11 - Final Report (15 copies) 1,500.00
SUBTOTAL - FIXED FEE $21,600,00
PHASE WORK DESCRIPTION NOT TO EXCEED FEE
V Task No. 11 - Extra Copies of Report 500 00
Task No. 12 - Consultations at $75.00 1,500.00 per hour
Task No. 13 - Meetings with
presentations at $600.00 each
1,200.00
SUBTOTAL NOT TO EXCEED $ 3,200.00
TOTAL FEE NOT TO EXCEED $24,800.00
No other compensation for services will be allowed except those
items covered by supplemental agreements per Paragraph 7, "Changes in
Work .
5. PAYMENT OF FEES
After completion of all tasks and submission of all required
items in Phases I and I1 and after meeting with City staff, Consultant
may submit an invoice for a progress payment for Phases I and 11.
Upon approval by the City Engineer, payment will be made for Phases I
and 11.
After completion of all tasks and submission of all items
required in Phase I11 and upon submission of 15 copies of the final
report, Consultant may submit an invoice for Phase I11 and Task No.
11. Upon approval by the City Engineer, payment will be made for
Phase I11 and Task No. 11.
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Payment for the remainder of any work requested by City will be
upon the approval of the invoice by the City Engineer.
6. FINAL SUBMISSIONS
All submlssions .by Consultant shall be as stated in Exhibit A,
Scope of Work.
7. CHANGES IN WORK
If, in the course of this contract and design, changes seem
merited by Consultant or City, and informal consultations with the
other party indicate that a change in the conditions of the contract
is warranted, Consultant or City may request a change in contract.
Such changes shall be processed by City in the following manner: A
letter outlining the required changes shall be forwarded to City or
Consultant to inform them of the proposed changes along with a
statement of estimated changes in charges or time schedule. After
reaching mutual agreement on the proposal, a supplemental agreement
shall be prepared by City and approved by City Council. Such
supplemental agreement shall not render ineffective or invalidate
unaffected portions of the agreement. Changes requiring immediate
action by Consultant or City shall be ordered by City Engineer who
will inform a principal of Consultant's firm of the necessity of such
action and follow up with a supplemental agreement covering such
work.
8. DESIGN STANDARDS
Consultant shall prepare the plans and specifications in
accordance with the design standards of City of Carlsbad and
recognized current design practices. Applicable City of Carlsbad
standards and regional standards shall be used where appropriate.
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Copies of such standards shall be obtained from City of Carlsbad.
9. COVENANTS AGAINST CONTINGENT FEES
Consultant warrants that their firm has not employed or retained any
company or person, other than a bona fide employee working for
Consultant, to solicit or secure this agreement, and that Consultant
has not paid or agreed to pay any company or person, other than a bona
fide employee, any fee, commission, percentage, brokerage fee, gift,
or any other consideration contingent upon, or resulting from, the
award or making this agreement. For breach or violation of this
warranty, City shall have the right to annul this agreement without
liability, or, 'in its discretion, to deduct from the agreement price
or consideration, or otherwise recover, the full amount of such fee,
commission, percentage, brokerage fee, gift or contingent fee.
10. NONDISCRIMINATION CLAUSE
Consultant shall comply with the State and Federal laws
regarding nondiscrimination.
11. TERMINATION OF CONTRACT
In the event of Consultant's failure to prosecute, deliver, or
perform the work as provided for in this contract, City may terminate
this contract for nonperformance by notifying Consultant by certified
mail of the termination of the contract. Consultant, thereupon, has
five working days to deliver said documents owned by City and all
work in progress to City Engineer. City Engineer shall make a
determination of fact based upon the documents delivered to City of
the presentage of work which Consultant has performed which is usable
and of worth to City in having the contract completed. Based upon
that finding as reported to City Council, the Council shall determine
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the final payme.nt of the contract,
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
Consultant or City Engineer. 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. City
Engineer or principal receiving the letter shall reply to the 'letter
along with a recommended method of resolution within ten days. If the
resolution thus obtained is unsatisfactory to the aggrieved party, a
letter outlining the dispute shall be forwarded to City Council for
their resolution through the office of City Manager. City Council may
then opt to consider the directed solution to the problem. In such
cases, the action of City Council shall be binding upon the parties
involved, although nothing in this procedure shall prohibit the
parties seeking remedies arailable to them at law. \I
13. RESPONSIBILITY OF CONSULTANT
Consultant is hired to render professional services of designing
and drawings for a preliminary engineering study for the Carlsbad
State Beach Bluff Protection Project and any payments made to
Consultant are compensation solely for such services. Consultant
shall certify as to the correctness of all designs and sign all plans,
specifications and estimates furnished with Registered Civil
Engineer's number.
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14. SUSPENSION OR TERMINATION OF SERVICES
This agreement may be terminated by either party upon tendering
30 days written notice to the other party. In the event of such
suspension or termination, upon request of City, Consultant 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, Consultant shall be paid for work performed to the
termination date; however, the total shall not exceed the guaranteed
total maximum. City shall make the final determination as to the
portions of tasks completed and the compensation to be made.
15. STATUS OF CONSULTANT
Consultant shall perform the services provided for herein in
Consultant's own way as an independent contractor and in pursuit of
Consultant's independent calling, and not as an employee of City.
Consultant shall be under control of City only as to the result to be
accomplished and the personnel assigned to the project, but shall
confer with City as provided for in the Scope of Work.
16. CONFORMITY TO LEGAL REQUIREMENTS
Consultant shall cause all drawings and specifications to
conform to all applicable requirements of law: Federal, State, and
local. Consultant shall provide all necessary supporting documents,
to be filed with any agencies whose approval is necessary.
City will provide copies of the approved plans to any other
agencies.
17. OWNERSHIP OF DOCUMENTS
All plans, studies, sketches, drawings, reports and
specifications as herein required are the property of City, whether
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the work for which they are made be executed or not. In the event
this contract is terminated, all documents, plans, specifications,
drawings, reports and studies shall be delivered forthwith to City.
Consultant shall have the right to make one copy of the plans for
his/her records.
18. HOLD HARMLESS AGREEMENT
City, its agents, officers and employees shall not be liable for
any claims, liabilities, penalties, fines, or any damage to goods,
properties, or effects of any person whatever, nor for personal
Consultant's agents, employees or representatives. Consultant agrees
to defend, indemnify and save free and harmless City and its
authorized agents, officers, and employees against any of the
foregoing liabilities or claims of any kind and any cost and expense
that is incurred by City on account of any of the foregoing
liabilities, including liabilities or claims by reason of alleged
defects in any plans and specifications, unless the liabiliity or
claim is due, or arises out of, solely to the City's negligence.
19. ASSIGNMENT OF CONTRACT
Consultant shall not assign this contract or any part thereof or
any monies due thereunder without the prior written consent of City.
20. SUBCONTRACTING
If Consultant shall subcontract any of the work to be performed
under this contract by Consultant, Consultant shall be fully
responsible to City for the acts and omissions of Consultant's
subcontractor and of the persons either directly or indirectly
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employed by the subcontractor, as Consultant is for the acts and
omissions of persons directly employed by Consultant. Nothing
contained in this contract shall create any contractual relationship
between any subcontractor of Consultant and City. Consultant shall
bind every subcontractor and every subcontractor of a subcontractor by
the terms of this contract applicable to Consultant's work unless
specifically noted to the contrary in the subcontract in question
approved in writing by City.
21. PROHIBITED INTEREST
No official of City who is authorized in such capacity on behalf
of City to negotiate, make, accept, or approve, or take part in
negotiating, making, accepting, or approving of any architectural,
engineering inspection, construction or material supply contractor, or
any subcontractor in connection with the construction of the project,
shall become directly or indirectly interested personally in this
contract or in any part thereof. No officer, employee, architect,
attorney, engineer, or inspector of or for City who is authorized in
such capacity and on behalf of City to exercise any executive,
supervisory, or other similar functions in connection with the
performance of this contract shall become 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 City, either before, during, or after the execution of
this contract, shall affect or modify any of the terms or obligations
herein contained nor such verbal agreement or conversation entitle
Consultant to any additional payment whatsoever under the terms of
this contract.
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23. SUCCESSORS OR ASSIGNS
Subject to the provisions of paragraph (le), Hold Harmless
Agreement, all terms, conditions, and provisions hereof shall insure
to and shall bind each- of the parties hereto, and each of their
respective heirs, executors, administrators, successors and assigns.
24. EFFECTIVE DATE
This agreement shall be effective on and from the day and year
first above written.
25. CONFLICT OF INTEREST
Consultant shall file a conflict of interest statement with City
Clerk of City of Carlsbad. Consultant shall report investments or
interests in real property.
IN WITNESS WHEREOF, we have hereunto set our hands and seals.
WOODWARD-CLYDE CONSULTANTS CITY OF CARLSBAD
By
Title
Mayor /
APPROVED AS TO FORM: ATTESTED:
/, .,
Assistant City Attorney City Clerk '
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EXHIBIT "A"
ATTACHMENT TO AGREEMENT BETWEEN
CITY OF CARLSB AD AND WOODWARD-CLYDE CONSULTANTS
SCOPE OF WORK
Consultant shall perform all work as contained in this Scope of Work.
Phase I - Agency Contacts and Identification of Issues
Task No. 1
Task No. 2
Task No. 3
Establish liaison with City of Carlsbad. Meet with City personnel
and obtain available information and identify specific contacts in
various state and federal agencies.
Review requirements and information needed for this site for the
Environmental Impact Report and applications for funding and for
permitting.
consultant when they start their work.
Establish liaison with the City of Carlsbad's EIR
Contact key personnel and obtain preliminary information from the
various agencies, including California Coastal Commission,
California Department of Boating and Waterways, U. S. Army Corps of
Engineers, California State Right-of-way and California Fish and
Game.
Upon completion of Phase I and based on the information gathered during Tasks 1
through 3, Consultant shall summarize, prepare and submit the following to the
City:
a. List of governmental Agencies and their requirements and
conditions.
b. List of information needed for the EIR.
c. List of permit requirements.
d. List of information needed for funding applications.
e. Assessment of possible issues.
Phase I1 - Field Investiqations and Office Studies
Task No. 4 Review of all available information and comments in Consultant's
files and other sources in regard to site conditions, on-shore and
off-shore topographic data, geology and geotechnical information,
coastal design information and history of erosion and damage to
this segment of the coastline.
Field check existing site conditions and obtain existing beach
profiles.
Task No. 5
Task No. 5A Perform a cross section survey of the bluff at six locations along
the proposed project.
Task No. 6 Perform limited shallow geotechnical investigation, including both
geologic reconnaissance and shallow test borings or test pits.
geologic reconnaissance will, consist of a visual examination of
local soil and geologic conditions, and of the beach for existing
erosion. A Iimited number of shallow test borings or test pits
would be made along the anticipated alignment for the seawall to
evaluate bedrock conditions.
tests will be made on selected soil samples obtained from the
borings.
The
Classification and index property
Task No. 7 Prepare preliminary Coastal Engineering Design Criteria. Coastal
data for tidal ranges, storms, wave characteristics and beach
slopes obtained from the Corps of Engineers, City of Carlsbad, the
California Coastal Data Collection Program, Deep Water Wave
Statistics, the California Department of Boating and Waterways and
other technical references will be evaluated and used to develop
coastal engineering design criteria.
Upon completion of Phase I1 and based on the information gathered during Tasks 4
through 7, Consultant shall prepare and submit, to the City, preliminary
engineering design criteria which will include the following:
a. Description of the area and the erosion problem.
b. Preliminary topographic data for design, cross sections at six
locations and one copy of all survey notes.
c. Preliminary geotechnical data for design.
d. Preliminary coastal engineering data for design.
Also, upon completion of Phase 11, Consultant shall meet with City Staff to
review recommendations and work performed to date.
Phase 111 - Preliminary Design
During this phase Consultant shall evaluate possible alternate designs, check
costs, and review and incorporate regulatory issues. Consultant shall work
closely with the City so as to reach a rapid consensus on the most favored
design alternatives which will be carried to a preliminary design stage.
Task No. 8 Make preliminary evaluation of three possible alternative designs:
1. An all stone seawall (revetment),
2. A structural vertical seawall, and
3. A combination lower stone revetment with an upper
structuraUretaining wall.
Upon completion of-Task No. 8, Consultant shall meet with City Staff to discuss
alternatives and recommendations and determine the alternative to be selected
for the preliminary design.
Task No. 9 Prepare typical sections, plan and profile for the selected seawall
Prepared typical concept design for beach accessways, alternative.
if required.
Task No. 10 Prepare preliminary cost estimate for the anticipated project,
This would include supervision and administration, engineering and
design, seawall construction, beach accessways, construction of
utility improvements and site grading.
Upon completion of Phase I11 and based on the work preformed in Tasks 8 through
10, Consultant shall prepare and submit to the City the following:
a. A description of the proposed seawall.
b. Originals of preliminary drawings of the construction.
C. An estimate of total project costs.
Also, upon completion of Phase 111, Consultant shall meet with City Staff to
discuss and review the work to date and receive comments from City.
Phase IV - Final Report and Assistance With Preparation Of EIR And Applications
Task No. 11 Prepare final report. The final report will address any comments from the City, the EIR consultant and possibly some government
agencies.
Upon completion of Task No. 11, Consultant shall submit fifteen (IS) copies of
the final report to the City.
Task No. 12 Provide consultation during preparation of EIR documents, State
funding applications and permit applications.
will be on an hourly basis as requested by the City.
These consultations
Task No. 13 Attend and make presentations to City Council and/or EIR Public
Hearing if requested by City (maximum of two meetings).
Y 5 ui
a N
Y 3 v)
PROJECT SCHEtdLE
TIME IN WEEKS
co
Y ts
N N
U u 0
I- N
Y 5
0 1- -2 3 4 5 6 L I I 1 I I J
Phase I Agency Contacts and identification of Issues
1 Task I .
Task 2 1-1
Task 3 w
Phase Ii Field investigation and Office Studies
Task 4 -
H Task 5 $5~
Task 6
Task 7
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Phase I I I Preliminary Design
Task 8 -
Task 9 -
Task 10 -
Phase IV Assist with Preparation of EIR and Applications - Task 11
Task 12 1
Task 3 t I
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RESOLUTION NO. 7772
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT
BETWEEN THE CITY OF CARLSBAD AND WESTEC SERVICES,
INC. FOR PREPARATION OF AN ENVIRONMENTAL IMPACT
REPORT FOR THE CARLSBAD STATE BEACH BLUFF
PROTECTION - PROJECT NO. 3185
The City Council of the City of Carlsbad, California, does hereby
resolve as follows:
1. That an agreement between the City of Carlsbad and WESTEC Services,
Inc.
Beach Bluff Protection Project, a copy of which is attached hereto and
incorporated herein by reference as Exhibit A, is hereby approved.
for preparation of an Environmental Impact Report for the Carlsbad State
2. The Mayor of the City of Carlsbad is hereby authorized and directed
to execute said agreement for and on behalf of the City of Carlsbad.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council
of the City of Carlsbad held the 2nd day of October , 1984, by the
following vote, to wit:
AYES:
NOES: None
-
Council Menhers Casler, Lewis, Chick and Prescott
ABSENT: Council Menber Kulchin
ATTEST:
ALETHA L. RAUTENKRANZ, City Cldk
(SEAL)
'- hb, 7772
7 WRITE 11-DON'T SAY IT INTER-DEPARTMENT MEMORANDUM li
TO File DATE 10-24
The IJESIP: agreemnt was approve3 by council at its
ocmber 2, 1984 weting. The a-nt, though list
as an &*it to Ws. No. 7772, was not attached to the resolution or agenda bill.
19 84
d
After the meeting, I was mld by Richard Allen and Mike Howes that the a-nt had been sent back to the consultant and
would be forthcoming. The agreemnt never came the Clerk's
Off ice.
Ihe agreement finally cam back to the City, Mike Hmes informed me that there had been changes made, and that the Asst, City Atty. told him that the revised agreement meeded to go back to Council.
NEVER HAD O€U- q, OR A OOPY OF SMEl!!!!
REPLY ON THIS SHEET FROM y'
STINDIRO INTER OEPT-MEMO FORM 11-24-PD