1999-013-Authorizing Contract Of Plans, Specifications And Estimates For Project 9935RESOLUTION 1999 13
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AUTHORIZING CONTRACT WITH MARK THOMAS AND COMPANY TO ASSIST
COMPLETION OF PLANS, SPECIFICATIONS AND ESTIMATES FOR,
PROJECT 9935 - SEISMIC RETROFIT TWO BRIDGE STRUCTURES,
LOS GATOS CREEK AT BLOSSOM HILL ROAD, BRIDGE NO. 37C -0104, AND,
LOS GATOS CREEK AT LARK AVENUE, BRIDGE NO. 37C -0286.
WHEREAS, transportation is vital in emergencies and the retrofit project will improve
the survivability of the bridge structures in the event of an earthquake; and
WHEREAS, it is the intention of the Town Council of the Town of Los Gatos, County
of Santa Clara, State of California, to carry out Project 9935 - Seismic Retrofit Two Bridge
Structures, Los Gatos Creek at Blossom Hill Road, and Los Gatos Creek at Lark Avenue; and
WHEREAS, selection of a Consultant to assist in completion of the Seismic Retrofit
Project 9935 is necessary and desirable because the Town lacks sufficient in house expertise and
recovery to perpetuate such service in a timely manner; and
WHEREAS, Mark Thomas and Company is experienced and qualified to perform said
services; and
THEREFORE, BE IT RESOLVED: That the Town Manager is hereby authorized and
directed to retain MARK THOMAS AND COMPANY TO ASSIST COMPLETION OF PLANS,
SPECIFICATIONS AND ESTIMATES, and execute said contract /agreement (Exhibit A) with
MARK THOMAS AND COMPANY in the name and on behalf of the Town of Los Gatos.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 1st day of February, 1999 by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Linda Lubeck, Joe Pirzynski,
Mayor Jan Hutchins.
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
MAYOR OF P-TOWN OF LOS GA'
LOS GT7S, CALIFORNIA
ATTEST:
i
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA.
N CLERi(
AGREEMENT FOR EGINEERING CONSULTANT SERVI - -"
THIS AGREEMENT is entered into this 4th day of January, 1999, by and between the
Town of Los Gatos, State of California, herein called the "Town ", and MARK THOMAS AND
COMPANY, INC., engaged in providing ENGINEERING CONSULTING SERVICES
consulting services herein called the "Consultant".
RECITALS
A. The Town is considering undertaking activities to SEISMIC RETROFIT TWO BRIDGE
STRUCTURES, LOS GATOS CREEK AT BLOSSOM HILL ROAD, AND LOS
GATOS CREEK AT LARK AVENUE.
B: The Town desires to engage a ENGINEERING CONSULTING SERVICES Consultant
to provide consulting services in conjunction with ASSISTING IN THE COMPLETION
OF PLANS, SPECIFICATIONS AND ESTIMATES, FOR THE SEISMIC
RETROFIT TWO BRIDGE STRUCTURES, LOS GATOS CREEK AT BLOSSOM
HILL ROAD, AND LOS GATOS CREEK AT LARK AVENUE because of
Consultant's experience and qualifications to perform the desired work.
C. The Consultant represents and affirms that it is qualified and willing to perform the desired
work pursuant to this Agreement.
AGREEMENTS
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
Scope of Services. The Consultant shall provide the following services listed below and
as shown in Attachment 2 / Exhibit A. Combine the currently approved seismic retrofit
structure plans with civil plans prepared by the Town, prepare special provisions and
necessary permits for a complete bid package. Bridge plans will be prepared in Caltrans
format. Obtain all permits, including environmental clearances.
TASK DESCRIPTION Estimated Total Cost Per Task:
Task 1 - Field Review
a) Field verify Town provided mapping
b) Document existing roadway conditions with photos and notes. $802.00
Task 2 - Data Collection
a) Collect data from Town Public Works
Revised: December 11, 1998 Page 1 of 8
N: \B &E \AGREEMTS \MARKTHM, AGR
Exhibit A
TASK DESCRIPTION Estimated Total Cost Per Task:
b) Collect data from County Public Works
c) Request utility location update. $1,108.00
Task 3 - Draft PS &E (50 %)
a) Review data and update base plans
b) Line drawings
1) Title and location map
2) Layouts and Utility Plan
3) Construction Details
4) Incorporate structural plans
c) Coordination with Santa Clara Water District
d) Prepare Fish & Game Permit and Environmental Clearance
e) Existing Right of Way Certification Engineering
f) Preliminary cost estimates
g) Internal QC on Draft PS &E submittal. $11,342.00
Task 4 - Final PS& E (90 %- 100 %)
a) Respond to 50% comments
b) Update plans
c) Udate specifications
d) Update quantities and estimates
e) Perform. Independent QC
f) Respond to 90% comments
g) Update PS &E
h) Reproducible PS &E. $5,393.00
Task 5 - Bid and Construction Engineering Assistance
a) Review Bid Addendums / Questions
b) Input for Contractor BFI's and CO's. $1,226.00
TOTAL: $19,870.00
2. Time of Performance. The services of the Consultant are to commence upon the execution
of this Agreement with completion of the project by October 1, 1999.
3. Compliance with Laws. The Consultant shall comply with all applicable laws, codes,
ordinances, and regulations of governing federal, state and local laws. Consultant
represents and warrants to Town that it has all licenses, permits, qualifications and
approvals of whatsoever nature which are legally required for Consultant to practice its
profession. Consultant represents and warrants to Town that Consultant shall, at its sole
Revised: December 11, 1998 Page 2 of 8
N: \B &E \AGREEMTS \MARKTHM. AGR
cost and expense, keep in effect or obtain at all times during the term of this Agreement
any licenses, permits, and approvals which are legally required for Consultant to practice
its profession. Consultant shall maintain a Town of Los Gatos business license pursuant
to Chapter 14 of the Code of the Town of Los Gatos.
4. Sole Responsibility. Consultant shall be responsible for employing or engaging all persons
necessary to perform the services under this Agreement.
5. Information/Report Handling. All documents furnished to Consultant by the Town and
all reports and supportive data prepared by the Consultant under this Agreement are the
Town's property and shall be delivered to the Town upon the completion of Consultant's
services or at the Town's written request. All reports, information, data, and exhibits
prepared or assembled by Consultant in connection with the performance of its services
pursuant to this Agreement are confidential until released by the Town to the public, and
the Consultant shall not make any of the these documents or information available to any
individual or organization not employed by the Consultant or the Town without the written
consent of the Town before such release. The Town acknowledges that the reports to be
prepared by the Consultant pursuant to this Agreement are for the purpose of evaluating
a defined project, and Town's use of the information contained in the reports prepared by
the Consultant in connection with other projects shall be solely at Town's risk, unless
Consultant expressly consents to such use in writing, Town further agrees that it will not
appropriate any methodology or technique of Consultant which is and has been confirmed
in writing by Consultant to be a trade secret of Consultant.
6. Compensation. Compensation for Consultant's professional services shall not exceed
$19,870.00, and payment shall be based upon Town approval of each task with cost as
shown in Attachment 2 / Exhibit A.
Billing shall be accompanied by a detailed explanation of the work performed by whom
at what rate and on what date. Also, plans, specifications, documents or other pertinent
materials shall be submitted for Town review, even if only in partial or draft form.
Payment shall be net thirty (30) days.
All invoices and statements to the Town shall reference the Town's purchase order number
and be addressed as follows:
Invoices: Town of Los Gatos
Attn: Accounts Payable
P.O. Box 949
Los Gatos, CA 95030
Revised: December 11, 1998 Page 3 of 8
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Statements: Town- of Los Gatos
Attn: Sandy Ortiz
P.O. Box 949
Los Gatos, CA 95030
7. Availability of Records. Consultant shall maintain the records supporting this billing for
not less than three (3) years following completion of the work under this Agreement.
Consultant shall make these records available to authorized personnel of the Town at the
Consultant's offices during business hours upon written request of the Town.
8. Project Manager. The Project Manager for the Consultant for the work under this
Agreement shall be Po -Kang Chen, SE, Manager, Structures Department.
9. Assignability and Subcontracting. The services to be performed under this Agreement are
unique and personal to the Consultant. No portion of these services shall be assigned or
subcontracted without the written consent of the Town.
10. Notices. Any notice required to be given shall be deemed to be duly and properly given
if mailed postage prepaid, and addressed to:
To Town: Scott R. Baker
Director of Parks and Public Works
Town of Los Gatos
P.O. Box 949
Los Gatos, CA 95031
To Consultant: Mark Thomas & Co. Inc.
Attn: Po -Kang Chen, Manager, Structures Department
90 Archer Street
San Jose, CA 95112 -4501
or personally delivered to Consultant to such address or such other address as Consultant
designates in writing to Town.
11. Independent Contractor. It is understood that the Consultant, in the performance of the
work and services agreed to be performed, shall act as and be an independent contractor
and not an agent or employee of the Town. As an independent contractor he /she shall not
obtain any rights to retirement benefits or other benefits which accrue to Town
employee(s). With prior written consent, the Consultant may perform some obligations
Revised: December 11, 1998 Page 4 of 8
N: \B &E \AGREEMTS \MARKTHM. AGR
under this Agreement by subcontracting, but may not delegate ultimate responsibility for
performance or assign or transfer interests under this Agreement.
Consultant agrees to testify in any litigation brought regarding the subject of the work to
be performed under this Agreement. Consultant shall be compensated for its costs and
expenses in preparing for, traveling to, and testifying in such matters at its then current
hourly rates of compensation, unless such litigation is brought by Consultant or is based
on allegations of Consultant's negligent performance or wrongdoing.
12. Conflict of Interest. Consultant understands that its professional responsibilities is solely
to the Town. The Consultant has and shall not obtain any holding or interest within the
Town of Los Gatos. Consultant has no business holdings or agreements with any
individual member of the Staff or management of the Town or its representatives nor shall
it enter into any such holdings or agreements. In addition, Consultant warrants that it does
not presently and shall not acquire any direct or indirect interest adverse to those of the
Town in the subject of this Agreement, and it shall immediately disassociate itself from
such an interest should it discover it has done so and shall, at the Town's sole discretion,
divest itself of such interest. Consultant shall not knowingly and shall take reasonable
steps to ensure that it does not employ a person having such an interest in this performance
of this Agreement. If after employment of a person, Consultant discovers it has employed
a person with a direct or indirect interest that would conflict with its performance of this
Agreement, Consultant shall promptly notify Town of this employment relationship, and
shall, at the Town's sole discretion, sever any such employment relationship.
13. Equal Employment Opportunity. Consultant warrants that it is an equal opportunity
employer and shall comply with applicable regulations governing equal employment
opportunity. Neither Consultant nor its subcontractors do and neither shall discriminate
against persons employed or seeking employment with them on the basis of age, sex,
color, race, marital status, sexual orientation, ancestry, physical or mental disability,
national origin, religion, or medical condition, unless based upon a bona fide occupational
qualification pursuant to the California Fair Employment & Housing Act.
14. Insurance.
A. Minimum Scope of Insurance:
Consultant agrees to have and maintain, for the duration of the contract,
General Liability insurance policies insuring him /her and his /her firm to an
amount not less than: one million dollars ($1,000,000) combined single
limit per occurrence for bodily injury, personal injury and property
damage.
Revised: December 11, 1998 Page 5 of 8
N: \B &E \AGREEMTS \MARKTHM. AGR
ii. Consultant agrees to have and maintain for the duration of the contract, an
Automobile Liability insurance policy ensuring him/her and his /her staff to
an amount not less than one million dollars ($1,000,000) combined single
limit per accident for bodily injury and property damage.
iii. Consultant shall provide to the Town all certificates of insurance, with
original endorsements effecting coverage. Consultant agrees that all
certificates and endorsements are to be received and approved by the Town
before work commences.
iv. Consultant agrees to have and maintain, for the duration of the contract,
professional liability insurance in amounts not less than $1,000,000 which
is sufficient to insure Consultant for professional errors or omissions in the
performance of the particular scope of work under this agreement.
B. General Liability:
The Town, its officers, officials, employees and volunteers are to be
covered as insured as respects: liability arising out of activities performed
by or on behalf of the Consultant; products and completed operations of
Consultant, premises owned or used by the Consultant. This requirement
does not apply to the professional liability insurance required for
professional errors and omissions.
ii. The Consultant's insurance coverage shall be primary insurance as respects
the Town, its officers, officials, employees and volunteers. Any insurance
or self - insurances maintained by the Town, its officers, officials, employees
or volunteers shall be excess of the Consultant's insurance and shall not
contribute with it.
iii. Any failure to comply with reporting provisions of the policies. shall not
affect coverage provided to the Town, its officers, officials, employees or
volunteers.
iv. The Consultant's insurance shall apply separately to each insured against
whom a claim is made or suit is brought, except with respect to the limits
of the insurer's liability.
C. All Coverages: Each insurance policy required in this item shall be endorsed to
state that coverage shall not be suspended, voided, cancelled, reduced in coverage
or in limits except after thirty (30) days' prior written notice by certified mail,
return receipt requested, has been given to the Town. current certification of such
Revised: December 11, 1998 Page 6 of 8
N: \B &E \AGREEMTS \MARKTHM. AGR
insurance shall be kept on file at all times during the term of this agreement with
the Town Clerk.
D. In addition to these policies, Consultant shall have and maintain Workers'
Compensation insurance as required by California law and shall provide evidence
of such policy to the Town before beginning services under this Agreement.
Further, Consultant shall ensure that all subcontractors employed by Consultant
provide the required Workers' Compensation insurance for their respective
employees.
15. Indemnification. The Consultant shall save, keep and hold harmless indemnify and defend
the Town its officers, agent, employees and volunteers from all damages, liabilities,
penalties, costs, or expenses in law or equity that may at any time arise or be set up
because of damages to property or personal injury received by reason of, or in the course
of performing work which may be occasioned by a willful or negligent act or omissions
of the Consultant, or any of the Consultant's officers, employees, or agents or any
subconsultant.
16. Waiver. No failure on the part of either party to exercise any right or remedy hereunder
shall operate as a waiver of any other right or remedy that party may have hereunder, nor
does waiver of a breach or default under this Agreement constitute a continuing waiver of
a subsequent breach of the same or any other provision of this Agreement.
17. Governing Law. This Agreement, regardless of where executed, shall be governed by and
construed to the laws of the State of California. Venue for any action regarding this
Agreement shall be in the Superior or Municipal Court of the County of Santa Clara.
18. Termination of Agreement. The Town and the Consultant shall have the right to terminate
this agreement with or without cause by giving not less than fifteen (15) days written
notice of termination. In the event of termination, the Consultant shall deliver to the Town
all plans, files, documents and reports performed to date by the Consultant. In the event
of such termination, Town shall pay Consultant an amount that bears the same ratio to the
maximum contract price as the work delivered to the Town bears to completed services
contemplated under this Agreement pursuant to Exhibit A hereto, unless such termination
is made for cause, in which event, compensation, if any, shall be adjusted in light of the
particular facts and circumstances involved in such termination.
19. Amendment. No modification, waiver, mutual termination, or amendment of this .
Agreement is effective unless made in writing and signed by the Town and the Consultant.
20. Disputes. In any dispute over any aspect of this Agreement, the prevailing party shall be
entitled to reasonable attorney's fees, including costs of appeal.
Revised: December I1, 1998 Page 7 of 8
N: \B& E \AGREEMTS \MARKTHM. AGR
21. Entire A,�reement. This Agreement, including Exhibit A attached hereto, constitutes the
complete and exclusive statement of the Agreement between the Town and Consultant.
No terms, conditions, understandings or agreements purporting to modify or vary this
Agreement, unless hereafter made in writing and signed by the party to be bound, shall
be binding on either parry.
IN WITNESS WHEREOF, the Town and Consultant have executed this Agreement as of
the date indicated on page one (1).
Town of Los Gatos:
David W. Knapp, Town Manager
ATTEST:
Clerk of the Town of Los Gatos,
Los Gatos, California
Marian Cosgrove, Town Clerk
Approved as to Form:
Orry P. Korb, Town Attorney
Consultant:
Print Name
Title
Revised: December 11, 1998 Page 8 pf 8
N: \B &E \AGREEMTS \MARKTHM. AGR
V `RK THOMAS &'CO. INC.
C0NSUL77NG CIVIL ENG1NEERS a MUNICIPAL PLANNERS
90 ARCHER 3MM7.. SAN JOSE, CA 0712.4501
PHONE (408) 453 -Wn - FAx (4081453.5390
Visit us at www.markt =aL=n
November 16,1998
Ms. Ellen Ellsworth
Parks & Public Works Department
Town of Los Gatos
110 E. Main Street
Los Gatos, California 95031
4co P. 02/05
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File No. 98932
RE: Cost Praposal for Two- Sirructare Seismic Retrofit Civil Bid Packaging
Las Gatos Creek at Blossom Hill Road (37C -0104)
Las Gatos Creek at Lark Avenue (37C -0286)
Dear Ms. Ellsworth.
As requested, we are pleased to submit our cost proposal for providing engineering
services for the preparation of permit applications, specifications and estimate for the
referenced project.
The Project
The Town of Los Gatos wishes to retain a qualified contractor to perform the prescribed
earthquake seismic retrofit construction for the referenced bridges. The retrofit
structure plans have been completed and approved by Odtrans. During construction,
all construction work will be performed from the top and under the bridges; a traffic
handling plan will be provided. A California Fish & Game permit and environmental
clearance will be required. Also, a temporary construction easement will be required
from the Santa Clara Valley Water District for storage and access to the work area.
Engineering Scope
This scope is to combine the currently approved seismic retrofit structure plans. with
civil plans prepared by the Town, prepare special provisions and necessary permits for
a complete bid package. The Town will provide traffic handling concepts and any
required traffic studies. The Town will provide base mapping with existing right -of-
TRAWCATATION QQUnES HIGHWAYS AMC SAIOGM MUNICIPAL a'NGINQEAS A33934MOW 019TAICTS MYOp0000Y AND MAIMAG&
VM CEV6LOPM6NT SUSINeSS PARKS SURVEYING CCNSMUCTlON MAMAaeABNT CONSMcTi0N IdYDUr AMC INCPBGTTON SPEWI. 018TA1CT MANAGaMfNT
Ms. Ellen Ellsworth
November 16,1998
Page 2 of 2
way shown in a format acceptable to Caltrans. Bridge plans will be prepared in the
Caltrans format The Town will publish, advertise, and provide the construction
administration. Mark Thomas & Co. Inc. will obtain all pernuts, including
environmental clearances. The proposed scope of work is provided in more detail in
the enclosed ?attachment "B ".
Estimated Level of Effort
Our estimated level of effort and costs are included in the detailed listing provided as
Attachment "B ". Mark Thomas & Co. Inc. will perform these services for an amount
not to exceed $19,870.00 on a time and material basis.
Schedule
Our proposed schedule for performing the Scope of work begins with the approval of
this proposal. The milestone dates are as follows:
50% FS&E Submittal Six weeks from Notice to Pmceed
90% PS&E Submittal Four weeks from receipt of 30% comments
100% PS&E Submittal Four weeks from receipt of 90% comments
If you have any questions, or require additional information, please call me.
Sincerely,
MARK THOMAS & CO. INC.
Richard K Tanaka
nt
enclosure
ATTACHMENT "B"
TOWN OF LOS GATOS
TWO BRIDGES SEISMIC RETROFIT CIVIL BID PACKAGING PROPOSAL
ESTIMATED LEVEL OF STAFFING FOR 16- Nov -98
TOWN OF LOS GATOS - TWO BRIDGES RETROFIT CML BID PACKAGE HOURS
Mark Thomas& Co.
TOTAL
HOURS
TASK PM SR ASE AE/S
ALL
Task 1- Field Review
a) Field Verify City Provided Mapping
4
4
b) Document Existing Roadway Conditions with Photos and Notes
2
2
Subtotal Task 1
6
6
Task 2 - Data Collection
a) Collect Data from City Public Works
2
2
4
b) Collect Data from County Public Works
2
2
4'
C) Request UUltiy Location Update
Subtotal Task 2
4
1 4
I
8
Task 3 - Drag PS &E ;50 %)
a) Review Data and Ucdate Base Plans
b) Line Drawings
1) Title and Location Map
2) Layouts and Utility Plan
3) Construction Details
4) Incomorate Structure Plans
2
2
16
20
c) Coordination with SCVWD
4
2
6
d) Prepare Fish & Game Permit & Environmental Clearance
32
2
34
C) Utility Positive Location Coordination
1
2
3
d) Prepare Draft Specifications
16
16
e) Existing Right of Way Cartification Engineering
8
2
10
f) Preliminary Cost Estimates
2
4
6
g) Internal QC on Draft PS&E Submittal
4
2
6
Subtotal Task 3
69
16
16
101
Task 4 - Final PS &E (90% & 100 %)
a) Respond to .50% Comments
2
2
2
6
b) Update Plans
c) Update Specifications
8
4
12
d) Update Quantities and Estimates
2
1
3
e) Perform Independent QC.
1
1
4
6
f) Respond to 90 116 Comments
2
1
4
7
g) Update PS &E
2
1
4
7
h) Reproducible PS &E
4
1
2
7
Subtotal Task 4
21
7
20
48
Tasks 5 - Bid.& Construction Engineering Assistance
al Review Bid Addendums/Questions
2
2
4
b) Input For Contractor RFi s and CO's
4
2
6
Subtotal Tasks 5
6
4
10
TOTAL FOR PROJECT
106
31
16 1
20 t
173
Mark Thomas Co. Inc. File No. 98906
For the Town of I.cs Gatos
Page 1 of 2
ATTACHMENT "B"
TOWN OF LOS GATOS
TWO BRIDGES v.—,iSMIC RETROFIT CIVIL BID PACKAvING PROPOSAL
ESTIMATED COSTS FOR 16- Nov -98
TOWN OF LOS GATOS - TWO BRIDGES RETROFIT CIVIL 810 PACKAGE COSTS
MARK THOMAS & CO. INC.
TOTAL
ESTIMATED
TASK PM SR ASE AEIS Reimb.
COSTS
48.00
33.00
24.50
20.00
Task 1- Field Review
a) Field Veiiiy City Provided Mapping
515
30
545
b) Document Existing Roadway Conditions with Photos and Notes
257
257
Subtotal Task 1
772
30
802
Task 2 - Data Collection
a) Collect Data from City Public Works
257
177
434
b) Collect Data from County Public Works
257
177
40 '
474
c) Request Utiltiy Location Update
200
200
Subtotal Task 2
515
1 354
I
240
1.108
Task 3.Oraft PS &E1,50 %)
a) Review Cata and Uooate 3ase Plans
b) Line Drawings
1) Title ano Location Map
2) Layouts and Utility Plan
3) Construction Details
4) Incorporate Structure Plans
257
177
1,051
1,485
c) Coordination with SC'JWO
515
177
691
d) Prepare Fish & Game Permit & Environmental Clearance
4,116
177
4,293
c) Utility Positive Location Coordination
129
177
306
d) Prepare Draft Specifications
2,058
2,058
e) E�isting Right of Way Cartification Engineering
1,029
177
1,206
t) Preliminary Cost Estimates
257
354
611
g) Internal QC on Draft PS &E Submittal
515
177
691
Subtotal Task 3
8,876
1,415
1,051
11,342
Task 4 - Final PS &E (90°% & 100 %)
a) Respond to 50% Comments
257
177
107
541
b) Update Plans
200
200
c) Update Specifications
1;029
214
1,244
d) Update Quantities and Estimates
257
88
346
e) Perform independent QC.
129
88
214
431
f Respond to 90% Comments
257
88
214
560
g) Update PS &E
257
88
214
560
h) Reproducible PS &E
515
88
107
800
1,510
Subtotal Task 4
2.701
619
1,072
1,000
5,393
Tasks 5 - Bid & Construction Engineering Assistance
a) Review Bid Addendums /Cuestions
257
177
434
b) Input For Contractor RFi s and CO's
515
177
100
791
Subtotal Tasks 5
772
354
100
1,226
TOTAL FOR PROJECT
13,636
2,742
1,051
1,072
1,370
19,870
Mark Thomas Co. Inc. File No, 98906
For the Town of Los Gatos
Page 2 of 2