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HomeMy WebLinkAbout2004-005 - Agreement with Affinis Corp Regarding the Design of the West Platte Rd Bridge Over Line CreekBILL N0.2004-OS ORDINANCE N0.2004-OS AN ORDINANCE APPROVING THE FORM OF, AND AUTHORIZING THE MAYOR TO COMPLETE AND EXECUTE, AN AGREEMENT BY AND BETWEEN THE CITY OF RIVERSIDE, MISSOURI AND AFFINIS CORP. REGARDING DESIGN OF THE WEST PLATTE ROAD BRIDGE OVER LINE CREEK WHEREAS, the City of Riverside, Missouri (the "City") is currently planning the construction of certain roadway improvements and expansions to West Platte Road in the City and to the East thereof (the "Road Project"); and WHEREAS, the City, the Riverside-Quindaro Bend Levee District of Platte County, Missouri and the U.S. Army Corps of Engineers are engaged in the planning and construction of a levee intended to protect the City from flooding along the Missouri River and Line Creek and which is a part of the L-385 Levee Project (the "Levee"); and WHEREAS, as part of the Project and the Levee construction, the City desires to replace the bridge at West Platte Road crossing Line Creek with a new bridge, and desires to secure professional services related to the removal of the old bridge and design of the new bridge (the "Bridge Design Services"); and WHEREAS, the City and Affinis Corp. have reached an agreement concerning the Bridge Design Services. NOW, THEREFORE, be it ordained by the Board of Aldermen of the City of Riverside, Missouri, as follows: Section 1. The City of Riverside shall enter into an Agreement to be substantially in the form attached hereto as Exhibit A, with Affinis Corp. whereby Affinis Corp. shall provide the Bridge Design Services, and as consideration for such services the City shall pay Affinis Corp. a total amount not to exceed ,,,,~ ,,,_1e~~fe R,y,,,,,~~,,,~ and No/100 Dollars ($ 112,000.00) (the "Agreement"). Section 2. The execution and delivery of the Agreement, with such additions and modifications deemed necessary by the Mayor to complete the same, is approved, and the Mayor is authorized to execute the Agreement and to take such other actions reasonably necessary to carry out the intent of this Ordinance on behalf of the City, the execution of the Agreement being conclusive evidence of such approval. Section 3. This Ordinance shall be in full force and effect from and after its passage and approval. Passed this cry of t1iS > 2004. Mayor TT y Clerk 1 MISSOURI Page 1 of 16 Client Name: RIVERSIDE, AGREEMENT FOR PROFESSIONAL ENG G SERVICES THIS AGREEMENT made as of th©r_;~day of 2004, by and between the City of Riverside, Missouri, its successors and assigns, hereinafter calle CLIENT, and Affmis Corp., a Missouri Corporation, hereinafter called the CONSULTANT. WITNESSETH, that whereas the CLIENT intends to construct certain improvements as described below; hereinafter called the PROJECT, consisting of the following: West Platte Road Bridge over Line Creek including 4001inear feet of approach roadway and associated appurtenances. AND WHEREAS the CLIENT is authorized and empowered to contract with the CONSULTANT for the purpose of designing and furnishing other related engineering services in connection with the PROJECT, and necessary funds for payment of said services are available. NOW THEREFORE, the CLIENT and the CONSULTANT in consideration of their mutual covenants herein agree in respect to the performance of professional engineering services by the CONSULTANT and the payment for those services by the CLIENT, as set forth below. The CONSULTANT will serve as the CLIENT'S professional engineering representative in those phases of the. PROJECT to which this AGREEMENT applies and will give consultation and advice to the CLIENT during the performance of its services. Part A-CONSULTANT'S Responsibilities The CLIENT and CONSULTANT have agreed to a list of Basic Engineering Services the CONSULTANT will provide to the CLIENT as outlined in EXEIIBTT A of this AGREEMENT. Part B-CLIENT's Responsibilities The CLIENT shall do the following in a timely manner so as not to delay the services of the CONSULTANT: 1. Designate in writing a person to act, as CLIENT'S representative with respect to the services to be rendered under this AGREEMENT. Such person shall have complete authority to transmit instructions, receive information, interpret and define CLIENT' s policies and decisions with respect to CONSLTLTANT's services for the PROJECT. 2. Provide all criteria and full information as to CLIENT'S requirements for the PROJECT, including design objectives and constraints, space, capacity and performance requirements, and any budgetary limitations. 3. Assist CONSULTANT by placing at CONSULTANT'S disposal all available information pertinent to the PROJECT including previous reports and any other data relative to design or construction of the PROJECT. 4. Furnish to CONSULTANT, as required for performance of CONSULTANT'S Basic Scope of Services (except to the extent provided otherwise in Part A), the following: Page 3 of 16 CONSULTANT'S services is set forth in EXIiIBIT C hereto. CONSULTANT shall not, except for reasonable cause, exceed time limits established by this schedule. Part Payment to the CONSULTANT for Services Rendered The CLIENT will pay the CONSULTANT for all services rendered hereunder as follows: Compensation for Basic Engineering Services as described in EXIIIBTT A shall be on the basis of actual time multiplied by the CONSULTANT'S hourly billing rates shown in EXIiIBTT D plus reimbursable expenses. Maximum compensation shall not exceed One hundred, twelve thousand dollars and no cents ($112,000), including reimbursable expenses. Reimbursable expenses include transportation expenses in connection with the Project, printing and reproduction costs, postage and facsimile transmissions, total station and GPS survey equipment costs. If Additional Services are required and approved by the CLIENT, the cost for such additional services shall be paid based on the CONSULTANT'S billing rate schedule attached as EXHIBIT D, or compensation shall be negotiated for such services and the fee shall be increased. CONSULTANT shall bill the CLIENT no more than monthly based on labor hours and expenses incuired. The maximum not to exceed fee shall not be exceeded unless authorized in writing by supplemental agreement between the CLIENT and CONSULTANT. In the event payment is not made within 45 days, interest at the rate of 1-1/2% per month will be charged on the unpaid balance. Part F-General Consideration 1. Standazd of Caze Services provided by the CONSULTANT under this AGREEMENT will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. 2. Insurance CONSULTANT shall maintain, at CONSULTANT'S expense, the following insurance coverages and limits without interruption from the date of commencement of services under this AGREEMENT until final completion of all services under this AGREEMENT (or for such longer period as may be specified below for specific coverage) and shall, prior to the commencement of services under this AGREEMENT, provide CLIENT with copies of policies and Certificates of Insurance naming CLIENT, Mayor, Board of Alderman and City Administrator, as additional insured's on all required coverages (except professional liability and workers' compensation). A Certificate of Insurance is attached as EXHIBIT E. a. PROFESSIONAL LIABILITY OR ERRORS AND OMISSIONS r..~. ,.. i ~ n ~. .. r i .r T rr Page 5 of 16 This insurance shall protect CONSULTANT against all claims under applicable state Workers' Compensation laws. CONSULTANT and CLIENT also shall be protected against claims for injury, disease or death of employees, which for any reason, may not fall within the provisions of a workers' compensation law. The policy limits shall be not less than the following: Workers' Compensation Employer's Liability Bodily Injury by accident Bodily Injury by disease Bodily Injury by disease Statutory $500,000.00 each accident $500,000.00 policy $100,000.00 each employee All insurance shall be maintained with an insurer acceptable to CLIENT and having a minimum financial rating not lower than "B+XP' in Best's Insurance Guide, latest edition. All insurance shall be written on an occurrence basis, except for the Professional Liability coverage, which may be on a claims-made basis. All policies and Certificates of Insurance shall expressly provide no less than 30 days prior written notice to CLIENT in the event of cancellation, expiration, or non-renewal contained in the policy or evidenced by such Certificate of Insurance. 3. Termination This AGREEMENT may be terminated by either party upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this AGREEMENT through no fault of the party initiating the termination. This AGREEMENT also may be terminated by CLIENT upon seven days' written notice, without regard to any fault of failure to perform by any party, and solely for CLIENT'S convenience. In the event of such termination, CONSULTANT shall be paid for services performed prior to termination and, in addition, shall be reimbursed for expenses that are directly attributable to termination, and CLIENT shall have no further liability for compensation, expenses, or fees to CONSULTANT. In the event of any termination of this AGREEMENT, CONSULTANT consents to CLIENT'S selection of other engineers or other design professionals of CLIENT'S choice to assist CLIENT in any way in completing the PROJECT. CONSULTANT further agrees to cooperate and provide any information requested by CLIENT in connection with completion of the PROJECT. Any services provided by CONSULTANT that are requested by CLIENT after termination shall be compensated by CLIENT in accordance with the rates set forth in EXHIBIT D. 4. Successors and Assi>;ns The CLIENT and the CONSULTANT each bind itself and its partners,. successors, executors, administrators and assigns to the other party of this AGREEMENT and to the partners, successors, executors, administrators and assigns of such other party, in respect to all covenants of this AGREEMENT; except as above, neither the CLIENT nor the CONSULTANT will assign, sublet or transfer its interest in this AGREEMENT without written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any public body, which may be a party hereto, nor shall it be construed as giving any right or benefits hereunder to anyone other than the CLIENT and the CONSULTANT. r -r ~ t n L' , ' f 1 "T 'i if' Page 7 of 16 10. Dispute Resolution All questions in dispute under this AGREEMENT shall be submitted to non-binding mediation. On written notice of either party to the other of the decision to submit any dispute under this AGREEMENT to mediation, each party shall designate a representative and shall meet within five (5) days after the service of the notice. The parties themselves shall attempt to resolve the dispute within ten (10) days after meeting. Should the parties themselves be unable to agree on a resolution of the dispute, then the parties shall appoint a third party, who shall be a competent and impartial party and who shall be acceptable to each parry, to mediate the dispute. The third party shall meet to hear the dispute within ten (10) days of their selection and shall attempt to resolve the dispute within fifteen (15) days of fast meeting. Each party shall pay the fees and expenses of the third party mediator and such costs shall be borne equally by both parties. Any third party mediator designated to serve in accordance with the provisions of this AGREEMENT shall be disinterested, shall be qualified to evaluate the performance of both of the parties, and shall be familiar with the design and construction process. The procedure outlined in this Section is an "informal" process aimed at resolving disputes between the parties to the AGREEMENT as expeditiously as possible. In the event of litigation between CLIENT and CONSULTANT concerning the PROJECT or this AGREEMENT, the prevailing party shall be entitled to recover its reasonable attorney fees, costs, and expenses from the other party arising from such litigation. 11. Information Provided by Others The .CONSULTANT shall indicate to the CLIENT the information needed for rendering of services hereunder. The CLIENT shall provide to the CONSULTANT such information as is available to the CLIENT and the CLIENT's consultants and contractors, and the CONSULTANT - shall be entitled to-rely upon the accuracy and completeness thereof. The CLIENT recognizes that it is impossible for the CONSULTANT to assure the accuracy, completeness and sufficiency of such information, either because it is impossible to verify, or because of errors or omissions that may have occurred in assembling the information the CLIENT is providing. Accordingly the CLIENT agrees, to the fullest extent permitted by law, to indemnify and hold harmless the CONSULTANT and the CONSULTANT's subconsultants from any claim, liability or cost (including reasonable attorneys' fees and defense costs) for injury or loss arising or allegedly arising from errors, omission or inaccuracies in documents or other information provided by the CLIENT to the CONSULTANT, but not to the extent that CONSULTANT knew, or in the exercise of reasonable diligence should have known, of such errors, omissions, or inaccuracies. 12. Limitation of Liability Recovery of damages against CONSULTANT by CLIENT on a claim covered by insurance required by this AGREEMENT to be maintained by CONSULTANT shall be limited to an amount equal to the greater of (a) the required limits of such insurance stated in this AGREEMENT or (b) the actual limits of such insurance available for payment of the claim. This limitation on recovery of damages by CLIENT shall apply only if (c) CONSULTANT'S insurer pay(s) to CLIENT the amount specified in the immediately preceding sentence, less the amount of any applicable deductible and (d) CONSULTANT pays to CLIENT any applicable deductible amount. CLIENT shall have no obligation to take any action whatsoever or incur any expense whatsoever to persuade or compel any insurer to make any payment. Client Name: RIVERSIDE, MISSOURI Page 9 of 16 E7~j~TI' A Basic Engineering Services for West Platte Road Bridge over Line Creek Project description: The project consists of the design of the West Platte Road Bridge over Line Creek including approximately 400 lineaz foot of approach roadway. Bridge roadway section will be 28'-0" from inside-to-inside of bridge rail with afive-foot sidewalk. The approach roadway section will be 28'- 0" back-to-back of two-foot curb and gutter with afive-foot sidewalk abutting the south curb. The feasibility study and concept development phase were completed under a separate contract. 1.0 PRELIN~TARY PLAN PHASE 1_1 Collaboration with Corps of Engineers and other critical stakeholders We will begin coordination with the Corps of Engineers, identifying their design parameters. h7 addition, we will actively collaborate with the levee contractor and contractor's design engineer to coordinate the bridge and roadway design and construction with the stop log closure design and construction. Collaboration meetings will be scheduled, as needed, to review design progress and allow for informal, over-the- shoulder reviews by the Corps. - 1.2 Field Survey 1.2.1 We will provide design surveys using the existing horizontal and vertical datum for the Corps of Engineers' L-385 levee project. 1.2.2 The City will obtain any right of entry required to complete the design surveys. 1.2.3 We will provide property information on the base map including property lines, owners, and easements. 1.2.4 We will send a letter to utility companies to inform them of the project and solicit information about facilities within the project limits. 1_3 Base map preparation A base map of the construction area will be prepared at a scale of 1" = 20'. AutoCAD 2000 and EaglePoint will be used for the drafting and design. Affinis' CADD library and layering system will be used. 1_4 Ownership information Existing right-of--way, easements, and property lines will be plotted and property owners will be identified on the base map. 1_5 Geotechnical investi ag tion In the vicinity of the project site, our. engineers and geotechnical consultant will review the Corps boring logs and pile test results from the L-385 levee project. It is assumed this information will be adequate for determining the appropriate bridge foundation and foundation bearing elevations. If a subsurface investigation is needed, it can be provided as an additional service. 1.6 Scour review Using available information from the Corps, a scour analysis will be conducted and design for scour protection of the bridge foundation system provided. Where appropriate design measures for Line Creek to mitigate the affects of the bridge on the streambed. 1.7 Permits We will prepare applications for the Corps of Engineers, Missouri DNR, and NPDES permits for Line Creek. The applications will be forwazded to the-City for signatures and submittal. ~. f ... i t 1 r' ~. 1 I '1 T if Page 11 of 16 3.2.3 Plan and profile sheets 3.2.4 Storm sewer profiles 3.2.5 Intersection layout and details 3.2.6 Entrance plans and details 3.2.7 Guard rail details 3.2.8 Bridge plans 3.2.8.1 Construction layout 3.2.8.2 Geology 3.2.8.3 Substructure details 3.2.8.4 Superstructure details 3.2.8.5 Bridge rail details ' 3.2.9 Traffic handling plan 3.2.10 Pavement marking and signing 3.2.11 Erosion control plan and details 3.2.12 Drainage area map 3.2.13 Cross sections 3_3 Construction manual and bid documents We will prepare the construction bid documents using the City's front-end documents. If the City does not have standard front-end documents, Affmis standard documents will be used. To assist in expediting Corps reviews and approvals, we will use applicable portions of the L-385 levee construction technical specifications for this projects technical specifications supplemented by project-specific special provisions. Final plans and specifications provided by CONSULTANT shall set forth clearly, completely, and in detail the requirements for the construction for the PROJECT, including the quality levels of materials and systems required for the PROJECT and the scope, extent, and character of the work to be performed and furnished by the Contractor(s). _ 3.4 Final elan submittal Final plans and an opinion of probable construction cost will be submitted to the City, Corps, and levee district for review and comment. 4.0 CONSTRUCTION SERVICES PHASE 4.1 Advertise and notice to bidders The City will notify interested contractors of the time and place for submittal of bids for the construction of the project as well as provide interested contractors with project plans and project manuals. CONSULTANT will be available to answer questions or provide information for prospective bidders during the time they are preparing their bids. 4.2 Pre-bid conference Due to the potential challenges and coordination required for the construction of the bridge in the vicinity of the L-3851evee and stop log closure, we will attend and facilitate pre-bid conference for interested contractors. 4_3 Bid opening We will attend the bid opening, review bids and bidders' qualifications, and present the low bidder to the Board of Aldermen for approval. 4_4 Construction contract documents Prepare from the project manual the construction contract documents for execution by the City and the Contractor. 4.5 Pre-construction conference We will attend the pre-construction conference.' 4_6 Services durine construction During the Construction Phase the CONSULTANT shall: r .f .. , i 1 I ~. .. r i .t T rr Client Name: RIVERSIDE, MISSOURI Possible additional services Page 13 of 16 EXHIBIT B The following list of services are NOT part of the CONSULTANT's Basic Scope of Services but may be required for successful completion of the PROJECT. Additional services may include but aze not limited to: 1. Assisting in the preparation of applications and supporting documents (in addition to those furnished under Basic Services) for private or governmental grants, loans or advances in connection with the PROJECT; preparation or review of environmental assessments and impact statements; review and evaluation of the effect on the design requirements of the PROJECT of any such statements; review and evaluation of the effect on the design requirements of the PROJECT of any such statements and documents prepared by others; and assistance in obtaining approvals of authorities having jurisdiction over the anticipated environmental impact of the PROJECT. 2. Services to check the accuracy of drawings or other information furnished by CLIENT. 3. Services resulting from significant change in the general scope, extent or character of the PROJECT or its design. 4. Preparing documents for alternate bids requested by CLIENT for Contractor(s)' work which is not executed or documents for out-of-sequence work. 5. Services requtred preparing to awazd more prime construction contracts than were anticipated at the time of entering into this AGREEMENT. 6. Services during out-of--town travel required of CONSULTANT other than visits to the site or CLIENT's office as required in EXHIBIT A. 7. Providing any type of property surveys or related engineering services needed for the transfer of interests in real property, except as required in EXHIBIT A. 8. Providing construction staking for the contractor(s) as well as other special field and office surveys such as boundary surveys. 9. Preparing to serve or serving as a consultant or witness for CLIENT in any litigation, azbitration on other legal or administrative proceeding involving the PROJECT. 10. Services in making revisions to drawings and specifications occasioned by the acceptance of substitutions proposed by Contractor(s); and services after the awazd of each contract in evaluating and determining the acceptability of an unreasonable on excessive number of substitutions proposed by Contractor. Notwithstanding anything to the contrary in this EXHIBIT B or elsewhere in the AGREEMENT, no services made necessary in whole or in part by any fault or omission of CONSULTANT to perform its duties, responsibilities or obligations under this AGREEMENT shall be compensated as additional services. ~ .r .. , i 1 1 ~. ; . l i .1 7 i~ Client Name: RIVERSIDE, MISSOURI Affinis Corp. 2004 Billing Rate Schedule Effective December 29, 2003 Professional Services PRINCIPAL ASSOCIATE ASSOCIATE ENGINEER INTERN ENGINEER/ENGINEER INTRAINING (IE/EIT) PROJECT REPRESENTATIVE DESIGN TECHNICIAN CAD TECHNICIAN LAND SURVEYOR SURVEY PARTY CHIEF ROD-INSTRUMENT OPERATOR PROJECT RELATED SUPPORT SERVICES Salary adjustments normally occur at approximately the end of each calendaz year. Equipment Charges AUTOMOBILE MILEAGE SURVEY VEHICLE MILEAGE SURVEYING TOTAL STATION EQUIP GLOBAL POSITIONING SYSTEM Page 15 of 16 E7~~IT D BILLING RATE RANGE $135 to $165 $95 to $125 $75 to $115 $70 to $90 $60 to $85 $75 to $100 $55 to $80 $75 to $90 $50 to $75 $50 to $65 $50 to $65 $0.375 mile $0.50/mile $10/hottt $40/hour ~ .r .. , i l ,. n ~„. .. l ~ ..1 T If AFFCOR ACORD,~ CERTIFICATE OF LIABI LITY INSURANCE ou26/~°"'" PRODUCER Van Gilder Agency Co. (KS) 6700 Antioch, Suite 200 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Merriam, KS 66214 913 671-7877 INSURERS AFFORDING COVERAGE INSURED INSURER A: Hartford t:asualty Company Affinis Corp INSURER e: Hartford Accident & Indemnity Co. 7401 W. 129th St., Suite 110 INSURER C: Liberty Insurance Underwriters, In Overland Park, KS 66213 INSURER D: INSURER E: 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR rypE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MMIDDIV POLICY EXPIRATION GATE MM/DD LIMITS A GENERAL LIABIL(rY 34SBWPD1426 01/01/04 01/01/05 EACH OCCURRENCE 31 OOO DDD X COMMERCIAL GENERALLIABILRI' FIRE DAMAGE (Any oneflra) 5300000 CLAIMS MADE a OCCUR MED EXP (Any one person) 510 UUU X Broad Form PERSONAL A ADV INJURY S1 OOO DUD Contractual GENERAL AGGREGATE E2 OOO DUD GENT AGGREGATE LIMRAPPLIES PER: PRODUCTS -COMP/OP AGG S2 UUU OOO POLICY PRO- LOC A AUT OMOBILE LIABILfrY 34UEGTZ2459 01/01/04 01/01/05 COMBINED SINGLE LIMB S1 UDU DDD X ANV AUTO (EB accMenQ , , ALL OWNED AUTOS BODILY INJURY S SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY y X NONAWNED AUTOS (Per acddent) X Hired Auto PROPERTY DAMAGE S Ph S Dm (Per acddent) GARAGE LIABILRY AUTO ONLY - EA ACCIDENT S ANV AUTO OTHER THAN EA ACC S AUTO ONLY: AGG S A EXCESS LIABILITY 34SBWPD7426 01/01/04 01/01/05 EACH OCCURRENCE S2 UUU DDD X OCCUR ~ CLAIMS MADE AGGREGATE 52 DDD DUD E DEDUCTIBLE S X RETENTION SID OOO S A WORKERS COMPENSATON AND 34WBGKD6523 01/01/04 01/01/05 X WC STATU- OTH- EMPLOYERS' LIABILrfY E.L. EACH ACCIDENT S1,000,OOO E.L. DISEASE--EA EMPLOYEE 31,000,000 E.L. DISEASE -POLICY LIMn 51,000 DUU g OTHER Professional AEE1960740104 01!22/04 01/22/05 32,000,000 each claim lability 32,000,000 annl aggr. DESCRIPTK/N OF OPERATIONSA.OCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECUIL PROVISIONS Re: West Platte Road Bridge Design The City of Riverside, Missouri, the Mayor, Board of Alderman and the City Administrator, are added as additional insured as respects the commercial general liability and commercial auto policies. City of Riverside, Missouri GANGELLA I ION SH W LD ANYOFTHE ABOVE DESCRBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL )Qp MAIL 30_DAYS WRRTEN NOTICE TOTHE CERTIFICATE HOLDER NAMED TOTHE LEFT, B)ID{pp1Dt2RX7rRAJQ76ARN1mtXX ~C )WMB~N7®I~EI7C AUTHORRED REPRESENTATNE - ~ ons,/ a..6Yl ~ ACORD 25-5 (7/97)1 of 1 #S344978/M340904 ~'~ MSW ®ACORD CORPORATION r -r ~ ~~ ~ ~ t n 5~ ~ ' t I "1 7 t~