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HomeMy WebLinkAboutReso 078-98 Agmt w/AlaCoTrafSigRESOLUTION NO. 78 - 98 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING NEW AGREEMENT FOR TRAFFIC SIGNAL MAINTENANCE STREET LIGHTING MAINTENANCE, REAL ESTATE SERVICES, AND CROSSING GUARD SERVICES WITH COUNTY OF ALAMEDA WHEREAS, the City Council of the City of Dublin approved an agreemem for traffic signal maintenance and crossing guard services with Alameda County on June 30, 1993, which Agreement was amended in 1996 to add streetlighting maintenance and real estate services; and WHEREAS, the City of Dublin and Alameda County have agreed that renewal of the contract benefits both the City and the County; and WHEREAS, the Scope of Work to be provided be Alameda County is described in the agreement; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the agreement with Alameda County for Traffic Signal Maintenance, Streetlighting Maintenance, Real Estate Services, and Crossing Guard Services which is attached hereto as "Exhibit A." BE IT FUROR RESOLVED that the Mayor is authorized to execute the agreement. PASSED, APPROVED A_ND ADOPTED this 16th day of June, 1998. AYES: NOES: Councilmembers Barnes, Burton, Howard, Lockhart and Mayor Houston None ABSENT: None ABSTAIN: None Mayor KZ/G/cc-mtgs/6-16-98/resocnty. doc ~'~" C :\contractksignals~resoagrt EXHIBIT "A" OF RESOLUTION -98 AGREEMENT BETWEEN CITY OF DUBLIN AND COUNTY OF ALAMEDA PUBLIC 'WORKS AGENCY FOR TRAFFIC SIGNAL AND STREETLIGHTING MAINTENANCE, REAL ESTATE SERVICES, AND CROSSING GUARD SERVICES THIS AGREEM:ENT, made and entered into this 1st day of July, 1998, by and between the COUNTY OF ALAMBDA PUBLIC WORKS AGENCY, hereinafter referred to as "COUNTY," and the CITY OF DUBLIN, hereinafter referred to as "CITY." RECITALS: a) CITY is desirous of contracting with COUNTY for the performance of Traffic Signal and Streetlighting Maintenance, Real Estate Services, and Crossing Guard Services by COUNTY. b) set forth. COUNTY is agreeable to rendering such services on the terms and conditions hereinafter c) Such contracts are authorized by Section 51300, et. seq., of the Government Code, THEREFORE, THE PARTIES HERETO AGREE AS FOLLO'WS: L SERVICES TO BE PROVIDED a) COUNTY agrees to provide Traffic Signal and Streetlighting Maintenance, Real Estate Services, and Crossing Guard Services within the corporate limits of the CITY to the e),.'tent and in the manner hereinafter set forth. Such services shall only encompass duties and functions of the type coming within the jurisdiction of and customarily rendered by the COUNTY Public Works Agency. Services to be provided and the locations of said services are appended to this agreement as Traffic Signal Maintenance Services, Exhibit A, Crossing Guard Services Exhibit B, Streetlight Maintenance, Exhibit C, and Real Estate Services, Exhibit D, and incorporated by reference. The rendition of such services, the standard of performance and other matters incidental to the performance of such services, and the control of personnel so employed shall remain within the control of COUNTY unless otherwise described in this agreement. In the event of dispute between the parties as to the e),.'tent of the duties and functions to be rendered hereunder or the level and manner of performance of such service, COUNTY's determination thereof shall be final and conclusive as between the parties hereto. b) CITY shall have the ability to eliminate services described in Exhibits A, B, C, and Din accordance with Section III of this agreement. CITY shall have the ability, on an annual basis, to modify Exhibits A, B, C, and D, provided that to the County Deputy Director, Maintenance and Operations, or hislher designee, said modification(s) will not be detrimental to the provision of such services. Page 1 c) To facilitate the performance of said functions, it is hereby agreed that COUNTY shall have full cooperation and assistance from CITY, its officers, agents, and employees, who shall remain CITY employees for the purpose of this agreement. d) For the purposes of performing said functions, COUNTY shall furnish and supply all necessary labor, supervision, machinery, equipment, and supplies necessary to maintain the level of service to be rendered hereunder. e) No e),.'traordinary function or service shall be performed pursuant to this agreement by any COUNTY officer or department unless such function or service has been requested in writing by CITY and authorized by the Public Works Director of CITY or hislher designee. CITY shall submit a written service request to the Deputy Director, Maintenance and Operations of COUNTY, or his/her designee, specifying those function and services to be performed by COUJ\TTY. In an emergency situation, services may be requested by CITY and provided by COUNTY pursuant to verbal agreement between the Public Works Director of CITY or hislher designee and the Deputy Director, Maintenance and Operations of COUNTY, or hislher designee. All functions and services provided by COUNTY to CITY shall be performed at the times and under circumstances which do not interfere with the performance of regular COUNTY operations except for CITY emergencies. f) CITY and COUNTY shall mutually agree on any workload data to be maintained by COUNTY for CITY. COUJ\TTY may provide CITY with supplemental workload or cost data requested by CITY subject to availability of information and staff time. CITY will pay COUNTY for the full cost of staff time including overhead required to provide CITY with supplemental information. g) To assist COUNTY in performance of its duties hereunder and to safeguard CITY's streets, it is agreed that CITY shall enact and maintain during the duration of this agreement an ordinance similar to Chapter 1, Title 5 of the Alameda County Ordinance Code (encroachment ordinance). This agreement shall sooner terminate at any time CITY fails to maintain said ordinance. II. PREPARL\TION OF PLANS/USE OF PRIVATE CONTRACTOR a) If, pursuant to this agreement, COUNTY prepares plans at the written request of CITY, for any project to be constructed by a private contractor, CITY shall have the option of either becoming a part of a C01..)1\.'TY overall contract for such services, should one be available for advertising on a timely basis, or of entering into a separate contract with such private contractor. b) CITY shall be provided with an opportunity to review said plans prior to their release. If CITY elects to join in a COUNTY overall contract, CITY work shall be bid as an alternate, which CITY shall have the right to reject after bids are received. c) In either case, all plans, profiles, and the specifications therefor, together with the terms of the contract and the accompanying bonds, when prepared by COUJ\TTY, shall be submitted to CITY Page 2 Public Works Director. If inspections necessary to ascertain the compliance by the contractor with the plans, profiles, and specifications are made by COUNTY, a report thereon shall be submitted to CITY. It shall be COUNTY's responsibility to ultimately determine the adequacy of such performance and to finally certify the work as completed. ill. TERMINATION OF SERVICES CITY or COUNTY may terminate those services provided by COUNTY to CITY at any time during the term of the contract upon providing the other party with ninety (90) days' advance written notice unless a shorter time frame is agreed to in writing by the parties. Such notice shall be delivered by certified mail. Upon termination, COUNTY shall provide CITY with all pertinent records. IV. LIABILITY a) All persons employed by COUNTY in the performance of the services and functions for CITY pursuant to this agreement shall be and shall remain COUNTY employees. No person employed hereunder shall have any CITY pension, civil service, or other status or right. b) CITY shall not be called upon to assume any liability for the direct payment of any salary, wages, or other compensation to any COUNTY personnel performing services hereunder for CITY, or any liability other than that expressly provided for in this agreement. CITY shall not be liable for compensation or indemnity to any COUNTY employee for any injury or sickness arising out ofhislher employment. c) CITY shall assume liability and shall pay cost of defense and hold the COUJ\TTY harmless from loss, costs, or expenses to the extent caused by the negligent or wrongful act or omission of CITY officers, agents, and employees occurring in the performance of this agreement. In addition, when liability arises pursuant to Section 830, et. seq., ofthe Government Code, by reason of a dangerous condition of public property of the CITY, CITY shall assume liability and pay cost of defense and hold the COUJ\TTY harmless from loss, costs, or expenses caused by the negligent or wrongful act or omission of CITY officers, agents, and employees arising in the performance of this agreement. d) COUNTY will assume liability and pay cost of defense and hold the CITY harmless from loss, costs, or expenses to the e),.'tent caused by negligent or wrongful act or omission by COUNTY officers, agents, and employees occurring in the performance of this agreement. In addition, when liability arises pursuant to Section 830, et. seq., of the Government Code, by reason of a dangerous condition of the public property ofthe COUNTY, the COUNTY shall assume liability and pay cost of defense and hold the CITY harmless from loss, costs, or expenses caused by the negligent or wrongful act or omission of COUNTY officers, agents, and employees arising in the performance of this agreement. Page 3 v. IN SUR.<\.NCE That insurance agreement between CITY and COUNTY entitled "Addendum to Service Agreements Between County of lJameda and City of Dublin and Insurance Agreement" which is in effect during the term of this agreement shall apply hereto and is fully incorporated herein by reference. VI. COST AND BILLING PROCEDURES a) CITY shall pay COUNTY the actual cost to the COUNTY in performing services hereunder. "Actual cost" shall be the County's direct and indirect costs of providing the services specified in the Exhibits attached to this agreement. "Actual costs" shall not include general overhead costs as defined in and determined by the Board of Supervisors pursuant to Government Code Section 51350. b) COUNTY shall keep reasonably itemized and detailed work or job records covering the cost of all services performed, including salary, wages, and other compensation oflabor; supervision and planning, plus overhead, the reasonable rental value of all COUNTY owned machinery equipment, rental paid for all rented machinery or equipment, together with the cost of an operator thereof when furnished with said machinery and supplies furnished by COUJ\TTY, reasonable handling charges, and all additional items of expense incidental to the performance of such function or service. c) On or before March 1st of each year, COUNTY shall provide CITY with projections for service cost during the upcoming fiscal year. CITY shall advise COUNTY of any program changes for the forthcoming fiscal year. d) COUJ\TfY shall bill CITY for services monthly. CITY shall pay COUNTY within thirty (30) days from the date of billing. If such payment is not received by COUNTY at the office which is described on said billing within thirty (30) days after the date of delivery of said billing, COUNTY is entitled to recover interest thereon. Said interest shall be at the rate of one (1) percent simple interest per calendar month or any portion thereof calculated from the date of delivery of said billing. e) Notwithstanding anything hereinabove to the contrary, COUNTY may bill CITY for the entire cost of any specific project at the completion thereof, and such cost will be paid within a reasonable time thereafter. The words "specific project" as used herein shall include, but Shall not be limited to, all construction, reconstruction, relocation, and other similar capital signal projects. f) If, at the termination of this agreement, COlThllY has on hand any unexpended and unencumbered portion of any funds from any source allocated or apportioned to CITY, which is in excess of any obligation of CITY to COUJ\TfY for the performance of such functions by COUNTY, any such excess shall thereupon be paid to CITY by COlThllY, in the same manner and for the same purposes as other like funds are paid to other cities in the COlJl\ilY. VII. COM:PLLA..NCE "WITH APPLICABLE LA 'WS In performing the services to be provided pursuant to this agreement, COUNTY shall comply with all Page 4 applicable State and Federal laws and regulations, including but not limited to laws and regulations relating to discrimination and laws requiring injury and illness prevention programs. VITI. TERM This agreement shall commence on July 1, 1998, and shall continue in effect until June 30,2003 unless terminated according to the provisions of Section III. VI. MODIFICATION This agreement may be modified in writing by mutual agreement of the parties hereto at any time. For CITY OF DUBLIN Mayor Attest: Approved as to form: City Clerk City Attorney For COUNTY OF .ALAMEDA Chairperson, Board of Supervisors Approved as to form: County Counsel ] hereby certi.fjJ under penalty of perjury that the Chairperson of the Board of Supervisors has been du~v authorized to execute this document on behalf of the County of Alameda by a majority vote of the Board on ; and that a copy has been delivered to the Chairperson as provided by Government Code Section 25103. Dated: Darlene Bloom-Richards Clerk, Board of Supervisors Counry of Alameda, State of California a: Islgnals\agrement Page 5 EXHIBIT "A" TRAFFIC SIGNAL MAINTENANCE SERVICES 1. The COUNTY Public Works Agency shall construct, reconstruct, operate, maintain and repair all traffic signals within CITY with the same power with reference thereto as if said traffic signals were in the unincorporated area of COUNTY; the City Council of CITY exercising the same authority with reference to said work on said streets as the Board of Supervisors would exercise if said traffic signals were in the unincorporated territory of COUNTY. 2. Nothing herein contained shall be construed as in any way divesting CITY of any of its powers with respect to supervision, management, and control of traffic signals within its boundaries. 3. COUNTY shall provide for the maintenance of certain approved traffic signal systems at intersections (as defined in Section 364 of the V ehicle Code) which are under the jurisdiction of CITY and to arrange herein for the particular maintenance functions to be performed and to specify the cost of such maintenance as follows: 1. Services A. COUJ\TTY will furnish and perform all routine maintenance and inspection services necessary to keep the racilities covered by the terms of this Agreement in satisfactory working condition. A general guideline for said services is included in this Exhibit. Such services shall include the following: patrolling, emergency service, relamping, necessary minor repairs and adjustments, replacement of controller, equipment, detectors, poles, heads, and lamps. Installation of additional facilities is not a routine maintenance function under provisions of this paragraph. B. COU!\TTY shall perform all extraordinary maintenance services which shall include replacement and/or addition of major equipment due to obsolescense, wear, or inadequacy and repair due to e),.'tensive damage from any cause. C. COUJ\TTY shall perform all necessary vandalism and collision repairs. D. At CITY's written direction, COUJ\TTY shall perform new construction inspection services for traffic signal installations and provide reports of any deficiencies, irregularities, or deviations from CITY's approved plans and specifications. 2. Costs and ReDairs A. Labor, equipment, and material costs ror routine maintenance, including relamping, shall be assessed directly against the installation involved. Such costs shall be the actual costs ror labor, parts, and equipment used and/or actually expended in each particular instance. B. E),.'traordinary maintenance costs and costs for vandalism and collision repair shall be assessed directly against the installations involved. Such costs shall be the actual costs oflabor, parts, and equipment used and/or actually expended in each particular instance. In order to insure budget control, the Deputy Director - Maintenance and Operations shall approve all e),.'traordinary repairs prior to the beginning of work and, except for emergency situations, shall consult with CITY before proceeding. 3. Installations Covered The number and location of all signal installations covered by the terms of this agreement are as follows: 1. Amador Valley Boulevard!R.egional Street 2. Amador Valley Boulevard/Donohue Drive 3. Amador V alley Boulevard/Amador Plaza Road 4. Amador Valley BoulevardNillage Parkway 5. Amador Valley Boulevard/Stagecoach Road 6. Amador Valley BoulevardlDougherty Road 7. Dublin BoulevardlDougherty Road 8. Dublin BoulevardlDublin Court 9. Dublin Boulevard/Sierra Court 10. Dublin Boulevard/Clark Avenue 11. Dublin BoulevardNillage Parkway 12. Dublin Boulevard/Amador Plaza Road 13. Dublin Boulevard/Golden Gate Drive 14. Dublin Boulevard!R.egional Street 15. San Ramon RoadlDublin Boulevard 16. San Ramon Road/Amador Valley Boulevard 17. San Ramon Road/Silvergate Drive 18. San Ramon Road/Shannon Avenue 19. San Ramon RoadN omac Road 20. Village Parh.."Way/Lewis Avenue 21. Dougherty Road/Sierra Lane 22. Dublin Boulevard and DeMarcus Blvd. 23. Dublin Boulevard and Iron Horse Parh.."Way 24. Dublin Boulevard and Hacienda Drive 25. Dublin Boulevard and Hibernia Drive 26. Dublin Boulevard and Myrtle Drive 27. Dublin Boulevard and Tassajara Road The following intersections to become effective upon completion of construction: 28. Dublin Boulevard and Hansen Drive 29. Dougherty Road and Scarlett Drive 30. Hacienda Drive and Summerglen Drive 31. Hacienda Drive and Mall Entrance 3 (street name to be determined) 32. Gleason Drive and Arnold Road 33. Hacienda Drive and Central Parkway At CITY's option, the above locations may be amended to adjust the number and/or location of signal installations to be so covered. Said changes shall be in the form of a written notice from CITY Public Works Director or hislher designee. 4. Maintenance Guidelines COUNIY shall make every reasonable effort to maintain CITY's traffic signals in accordance with the listed guidelines. The maintenance schedule may vary due to lack of personnel or other unforeseen circumstances: Timing and programming functions shall be CITY's responsibility. "WEEKLY SERVICE 1. Patrol system check (vandalism). 2. Alignment of traffic and pedestrian heads. 3. Check cycling of system. BI-MONTHLY SERVICE 1. Check cycling. 2. Visual check of controller for extension, detection, and normal operation. 3. Check cabinet ventilation fan for thermal control and operation. 4. Check all vehicle detector units for tuning and operation. S. Check operation and adjustment of all e),.'ternal relays. 6. Check all vehicle and pedestrian heads for operation and alignment. 7. Check all pedestrian buttons and pedestrian instruction signs. 8. Vacuum cabinet and check air filter. 9. Check for presence of all prints and maintenance record card. 10. Check cabinet fan for thermal control and operation. L~l\,TNUAL RELAJ\1P EXHIBIT "B" CROSSING GUARD SERVICES 1. General COUNTY shall provide adult Crossing Guards for the conduct of school age children across designated intersections and/or thoroughfares on their passage to and from school. 2. Scope The scope of services provided shall include COUNTY's cost of: recruitment; training; supervision; employee salaries; benefits, taxes and supplies; and other associated responsibilities of having COUNTY personnel provide services pursuant to this agreement. 3. DesiQJ1ation of TimeslDates of Service CITY Public Works Director shall coordinate with Dublin Unified School District for the provision to COUNT'\; on an annual basis, a school calendar. Said calendar shall designate school holidays for elementary school students as well as school days. Prior to the beginning of the school year, COUNTY shall submit to CITY for its approval the proposed regular s~hedule for Crossing Guards at each location. 4. Costs Costs shall be billed in accordance with this agreement at an hourly rate which is all-inclusive. This shall include, but not be limited to, direct costs, overhead, supervision, etc. By March 1st of each year, COUJ\1TY shall provide CITY with the estimated cost of service for the upcoming Fiscal Year. 5. Location ofCrossim! Guards Crossing guards shall be provided at the following locations: (none at this time) 6. Adjustment of Crossing Guard Locations At CITY's option, the listed locations may be amended to adjust the number and/or locations of the intersections to be so covered. Said changes shall be in the form of a written notice from CITY Public Works Director or hislher designee. EXHIBIT "C" STREET LIGHTING MAINTENANCE 1. This exhibit shall pertain to all street lights and street lighting facilities which are owned by the City of Dublin. 2. S~reet lighting repair and maintenance shall be conducted on an on-call basis as requested by City. Service to be performed may include, but is not limited to, replacement of bulbs, photoelectric controls, lenses, fuses, ballasts, luminaires, breakers, wiring, and other components. City may request service on an emergency basis if a hazard is perceived to exist. 3. Replacement of street light knockdowns (collision repair) shall be performed by County, either by County personnel or by contract, as mutually agreed upon by Citis Director of Public Works and County's Deputy Director of Maintenance and Operations. 4. County agrees to stock replacement parts as needed. 5. County shall perform construction inspection of new street lighting systems upon City's written request. 6. Billing for street lighting repairs and maintenance may be included with the monthly billing for traffic signal maintenance but must be identified as a separate item or account. The billing need not reflect specific street light locations. EXHIBIT liD" REAL ESTATE SERVICES 1. County agrees to perform real estate services upon written request of City. Services may include appraisals and/or acquisition and relocation services. 2. Billing for real estate services may be included with the montWy billing for traffic signal and street lighting maintenance but must be identified as a separate item or acc6un~. Real estate service billing shall be charged to the "general" account number 74100 and not charged to a specific intersection or location. 3. If a contract appraiser is to be utilized, City reserves the right to review qualifications and approve the proposed contractor. 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SERVICE COMPARISONS The following information is provided as a supplement to the information contained in the Staff report and the chart, Exhibit 2. In-House Personnel Staff does not recommend that the City hire its own maintenance technician at this time for the following reasons: (1) The City does not have sufficient signal facilities to justifY the personnel cost. Typically, two technicians would need to be hired or a bach..'1lp contract would be needed for vacation and illness coverage and to assist with work that requires more than one person, such as a knockdovvn replacement. (2) A significant capital expenditure would be needed to provide the vehicle(s) and equipment to perform the work. For example, the minimum cost for a standard bucket truck is approximately $50,000.. Similar to the situation with the technician, a second truck or rental equipment would be needed at least as backup. In addition, the current Corporation Yard is not adequate to store the equipment and supplies needed for this function. It is also not cost-effective to utilize the same level of personnel to perform both signal maintenance and streetlight maintenance. A traffic signal technician is required to have a high level of electronics skill and knowledge, as well as the ability to perform a variety of plumbing and wiring repairs. \Vhile a streetlighting technician is required to have some electronics skill, streetlighting maintenance consists primarily of troubleshooting and component replacement. There would also a supervisory expense to review performance and deal with other personnel issues. The Cities of San Ramon and Livermore provided information as to the cost of in-house staff. San Ramon's budgeted cost per intersection is approximately $10,000, which seems excessive. This represents administrative costs and a relatively high level of maintenance and repair service, including painting poles at 10 intersections per year. San Ramon does not own its streetlights. The City of Livermore utilizes the same crew for both signal and streetlighting maintenance, and a cost breakdown was not available between the two.. Livermore's level of service is not as high as San Ramon's, and their major repairs are contracted out. Private Contract Service - Traffic Shmals Peek Traffic Systems (formerly Signal Maintenance, Inc.), performs signal maintenance for a number of jurisdictions, including the City of Hayward, City of Pleasant on, City of Fremont, and the City of Windsor as a subcontract to MCE Corporation. A..s noted in Exhibit 2, the per-intersection-per-month rates for maintenance vary from city to city, depending on level of service, number of intersections, and the length of time the contract has been in effect. Wnile the cost per intersection for "standard maintenance" appears low (from $68 to $130 per month), the service provided is typically only observation and replacement of lirrht bulbs. All call outs and repairs (even those made durino reQUlar intersection checks) are charged as - ~ ~ - time and materials on a quoted hourly rate (labor plus vehicle) and material markup. As indicat~d in Exhibit 2, the actual annual cost per intersection varies from city to city and can be considerably higher tha..'1 the "maintenance rate." "- 'pH ~~t~" :2 .. ,.""'",.. ..-.--.... - ---~- ~~.~ _.~.,.-_..:...""...=~.. Page' The cost of regular maintenance only, including the cost of annual relamp, through Alameda County averages about $] 00 per intersection per month. The average cost per intersection per year, including repairs and knockdowns, has averaged about $1,750 over the last several years, except for Fiscal Year 1995-96 when $6,300 was expended to replace bad detector loops at the San Rarrion Road/Silvergate Drive intersection. The rate for work performed is consistent, and every effort is made to combine regular maintenance visits with repair calls or vice versa to avoid the cost of call outs. The signal technicians perform construction inspection services on . signals and streetlighting that is constructed by private developers or as part of Capital Improvement Projects. The level of expertise provided by the County helps to ensure that Dublin's future public facilities will be installed correctly and v..TjJ] not be as likely to cause maintenance problems in the future. It should be noted that while City Staff does spend time supervising the contract with the County from the standpoint of activities taking place in relation to budget and service to the public, it has not been necessary to supervise the work from a quality standpoint. This is primarily due to the experienced personnel and Staff s ongoing knowledge of their work It would be necessary to more closely supervise a private contractor. In this respect, there would be additional Staff cost associated with use of a private contractor. Private Contract Service - Streetli2'htin2' Maintenance Tnere are two fairly large streetlight maintenance contractors, and some of the electrical construction contractors have expressed an interest in getting into the business. Based simply on the per-light-per- month price for fi),.'ture maintenance, the contract streetlighting maintenance prices appear very low, with Pleasanton paying $1.11 per light per month (5,000+ lights) and Fremont paying $0.87 per light per month (15,000 lights). This price does not include any extraordinary repairs such as underground wiring or knockdown replacement, which are charged on a time and materials basis. Pleasanton estimates its total annual expenditure for streetlight maintenance at $162,000, which means that the actual cost per light per month is well over $2.00. Fremont's streetlighting maintenance budget is $242,000 per year; the average actual cost per light per month including repairs and knockdowns is about $1.34. Dublin's cost through Alameda County is averaging about $1.06 per light per month for fixture maintenance and about $1.30 including repairs and knockdowns. It is assumed that there is an "economy of scale" associated with contracting out and that Dublin would not be able to achieve the same contract rate through a private contractor as Fremont does. Page 2