HomeMy WebLinkAboutItem 4.17 AprvCnstrMgmntSrvPacPr (2)
CITY CLERK
File # D[B[Q]~-~[Q]
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: March 16, 1999
SUBJECT:
Approval of Contract for Construction Management Services with Pacific
Program Management, Inc.
(Report prepared by: Jeri Ram, Senior Planner)
ATTACHMENTS:
Consultant Services Agreement
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RECOI\1MENDA TION:· \ ¡, ~-~ Approve Agreement and Authorize Mayor to Execute Same
FL~ANCIAL STATEMENT:
Civic Center Remodel $ 38,964
Sufficient funds are available.
Emerald Glen Park, Phase 1 $140,786
Insufficient funds are available; the project budget wilJ be adjusted as part of
the Fiscal Year 1999-2000 Budget.
DESCRWfION:
A Construction Management finn is proposed to be hired to oversee the Civic Center Remodel Project and the
first phase of Emerald Glen Park.
BA CKGROUJ\TJ):
The Emerald Glen Park and Civic Center Remodel projects were approved in the 1998 - 2003 CIP with monies
budgeted for Construction Management Services. Both of these projects will be under construction at the same
time. Additionally, the Civic Center remodel would not take as much management time as the Park. Therefore,
Staff felt that it would be a good use of resources to find one finn to manage both projects. On January 22,
1999, the City sent out an RFP for Construction Management Services for the Projects to 24 finns. The City
received three responses. Pacific Program Management, Inc. (PPM) submitted a Proposal that would best fit the
City's needs.
BUDGET:
The budget amount in the CIP for the Construction Management Services for the Civic Center was $50,000.
~ ~
PPM's proposal for the work is $36,614 plus reimbursables of $2,350 for a total of $38,964.
The budget amount in the CIP for the Construction Management Services for Emerald Glen Park is $70,980.
PPM's proposal for the work is $133,336 plus reimbursables of $7,450 for a total of $140,786. This amount
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COPIES TO: Pacific Program Management. Inc.
ITEM NO.
exceeds the available budget by $69,806. It wilJ therefore be necessary to do a budget adjustment for the project
as part of the 1999-2000 budget.
RECOM1\ŒNDA TION:
Staff has reviewed the proposal from Pacific Program Management, Inc. and has checked their references.
Their references included many Bay Area cities. Staff recommends that the City Council approve the agreement
with Pacific Program Management, Inc. and authorize the Mayor to execute the agreement.
2
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AGREEMENT BET\VEEN CITY OF DUBLIN AND
FOR CONSTRUCTION MANAGEMENT SERVICES
FOR EMERALD GLEN PARK PHASE I A~1)
THE CIVIC CENTER REl\10DEL
THIS AGREErvæNT is made at Dublin, California, as of , 199_, by and
between the CITY OF DUBLIN, a municîpal corporation ("City"), and PACIFIC PROGRAM
MA..:.'\JAGEMENT, INC., ("Consultant"), who agree as foUows:.
1. SERVICES. Subject to the tenns and conditions set forth in this Agreement, Consultant
shall provide to City the services described in Exhibit A. Consultant shaU provide said services at the
time, place and in the manner specified in Exhibit A.
2. PAYMENT. City shall pay Consultant for services rendered pursuant to this Agreement
at the time and in the manner set forth in Exhibit B. The payments specified in Exhibit B shall be the
only payments to be made to Consultant for services rendered pursuant to this Agreement. Consultant
shall submit all billings for said services to City in the manner specified in Exhibit B; or, if no manner be
specified in Exhibit B, then according to the usual and customary procedures and practices which
Consultant uses for billing clients similar to City.
3. FACILITIES AND EQlJIPMENT. Except as set forth in Exhibit C, Consultant shaU,
at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing
services pursuant to this Agreement. City shall furnish to Consultant only the facilities and equipment
listed in Exhibit C according to the tenns and conditions set forth in Exhibit C.
4. GEl\TERAL PROVISIONS. The general provisions set forth in Exhibit D are part of
this Agreement. In the event of any inconsistency between said general provisions and any other tenns
or conditions of this Agreement, the other tenn or condition shall control insofar as it is inconsistent
with the general provisions.
5. EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference
incorporated herein.
6. CONTRACT ADMINISTRATION. This Agreement shall be administered by the
City's Parks and Community Services Director ("Administrator"). All correspondence shall be directed
to or through the Administrator or his or her designee.
7. NOTICES. Any written notice to Consultant shall be sent to:
Bradley A. Aronson, Project Director
Pacific Program Management, Inc.
2945 Santos Lane, Suite 173
Walnut Creek, CA 94596
Any written notice to City shall be sent to:
Ms. Diane Lowart, Parks & Community Services Director
City of Dublin
P.O. Box 2340
Dublin, CA 94568
Agreement
Page 1 of2
rJ. ~. 1'1
Executed as of the day first above stated:
CITY OF DUBLIN, a municipal
corporation
By
"Ci ty"
Attest:
City Clerk
By
"Consultant"
Approved as to fonn:
City Attorney
Agreement
Page 2 012
:3 v6 ;'1
EXHIBIT A
SCOPE OF SERVICES
Pre-Construction Phase
constructibilitY/~
Bid Review ~..
Pre-Construction Meeting"/
Construction Phase
Pacific will provide contract administration as an agent and representative of the
City and establish and implement coordination procedures between the City, AlE,
and contractor. Success during the construction phase depends, as much or more,
upon the establishment of positive working relationships, as on following proper
procedures. The CMlPM will strive to establish trust among all team members
and keep their focus on the overall success of the project.
Submittal Procedures
Pacific will establish and implement procedures for submittals, change orders,
pa)ment requests and other necessary documentation. As the City's representative
at the jobsite, Pacific will be the party through which change orders, payment
requests, submittals, and information will be processed rrorn contractor to the City
and/or design consultant, and rrom the design consultant and/or the City to the
contractor.
Jobsite Meetings
Pacific's CMlPM will conduct periodic jobsite progress meetings with the
contractor(s), conduct an overall coordination meeting with all contractors, and
will record, transcribe and distribute minutes to all attendees, the City, the design
consultant, and all other appropriate parties.
Coordination of Technical Inspection and Testing
Pacific will coordinate any inspection that is necessary. All teclmical inspection
reports will be in a format approved by Pacific and will be received by Pacific on
a daily basis.
ExhibiJ A
Page 1015
y ~'11
Construction Observa tion
Pacific will make reasonable efforts to observe the progress of the work and
advise the City of any deviations, defects or deficiencies observed. Pacific's
observation duties shall include reasonable diligence to discover work that is not
in compliance with the contract documents.
Non-confonning \Vork
Pacific wiIJ, in conjunction with the design consultant, make recommendations to
the City for corrective action on observed non-conforming work.
Pacific will make recommendations to the City and the design consultant in
instances where Pacific observes work that, in its opinion, is defective or not in
conformance with contract documents.
Exercise of Contract Prerogatives
\Vhen appropriate, Pacific will ad\'ise the City and make recommendations to the
City for exercising their contract prerogatives, such as; giving the contractor
notice to accelerate the progress \vhen the schedule goals are in jeopardy due to
contractor failings, \\'ithholding payment for cause and other prerogatives when
required in an effort to achieve contract compliance.
Construction Progress Review
Pacific will review the progress of construction with the contractor, observe work
in place and properly stored materials on a monthly basis, and evaluate the
percentage of completion of each construction activity as indicated in the
construction schedule. This will serve as data for input into the monthly update
report, which will be prepared and distributed, to the contractor, the City, design
consultant and other appropriate parties. This report will reflect the contractor's
contractual progress, will be the basis for the monthly progress payment to the
contractor and will indicate to the City when notices to the contractor of
acceleration of the work and the City prerogatives are appropriate.
l\1onthly Contractor Payment
Pacific will review and make recommendations pertaining to monthly payment to
each contractor. This activity will be an integral part of the monthly progress
report updates. However, if it should later be found that the contractor has failed
to comply with the provisions of its contract with the City in any way or detail,
such failures and subsequent compliance will be the sole responsibility of the
contractor. By issuing a certificate of payment and by processing applications for
payment, Pacific shall not be deemed to represent that it has made any
Exhibit A
Page 2 of 5
ExhibiJ A
Page 3 of 5
.s ~ /1
examination to ascertain how and for what purpose the contractor has used the
previous moneys paid on account of the construction contract sum.
lVlonthly Construction Payment Repods
Pacific will prepare and distribute the monthly construction payment reports,
which will be an integral function of the monthly schedule report. This report wiIl
reflect the total construction contract price, contractor's payment to date, current
payment requested, retainage, and actual amounts owed for the current period.
The final portion of this report will be a certificate of payment, \vhjch will be
executed by Pacific, design consultant and contractor, and transmitted to the City
for use in the City's internal accounting system and payment to the contractor.
Change Order Processing System
Pacific will establish and implement a change order processing system. AIl
requests for proposals will first be set forth in a Jetter by the design consultant
outlining in detail the change and accompanied by teclmical drawings aI1d
specifications, if necessary. The request for proposal will be transmitted to the
contractor by Pacific and a detaiJed breakdown of cost and time extension
requested will be returned to Pacific from the contractor for evaluation. Pacific
will make recommendations to the City prior to execution of change orders. All
change orders and requests for proposals will be tracked in Pacific's log, \vhich
\vill be the basis for the change order report to the City.
Evaluate Proposal Cost
Pacific will evaluate the contractor"s proposal cost and will make a formal
recommendation to the City regarding acceptance of the proposal for a change
order. In the event of major scope changes during the construction phase, Pacific
will prepare and estimate for this change in scope in cost model format.
Negotiation of Change Order Costs and Time Extensions
Pacific will negotiate change order costs and time extensions on behalf of the City
when appropriate. Pacific will advise the City of acceptability of price and time
extension prior to the execution of any change order.
Equipment Instruction 1\lanuals
Pacific will be the recipient of all written material, such as; operations and
maintenance manuals, v.'arranties and guarantees for all equipment installed in the
project. After Pacific's review and approval, these items are then turned over to
the City just prior to the contractor's training of the City's maintenance staff.
'6 11' ILj
As-Built Documents
Pacific will perform coordination and expediting functions in connection with the
contractor's obligation to provide "as-built" documents.
Monthly review of the contractor's as-bui!ts will be performed by Pacific and will
be a required condition of monthly pay applications submitted by the contractor.
Training Sessions
Pacific will coordinate and schedule training sessions for the City's maintenance
and operational personnel and will assure that the contractor's obligation in
providing this training is fulfilled.
Su bstantial Corn pletion
In conjunction with the design consuJtant, Pacific will make a determination of
the remaining work necessary for substantial completion, and notify the
contractor of any deficiencies. When incomplete work or defective work has been
remedied, Pacific will advise the City of acceptability of project completeness,
and issue a certificate of substantial completion. In the event of remaining
incomplete items, Pacific will, upon the City's concurrence, issue a certificate of
substantial completion with exceptions noted.
Final Completion
Pacific, in conjunction with the design consultant, will at the conclusion of all
corrective action of all punchlist items, make final comprehensive review of the
project, make a report to the City which wilJ indicate whether Pacific and the
design consultant find the work performed acceptable under the contract
documents and the relevant proj ect data, and make recommendations as to final
payment to the contractor.
Post Construction Phase
Occupancy Permit
Pacific \vill assist the City in obtaining tbe occupancy permit.
ExhibiJ A
Page 4015
ExhibiJ A
Page 50f5
? 15 /1
l\1ove-In Coordina tion
Pacific will prepare requests for proposals, solicit quotes, prepare contracts,
obtain execution of contracts, conduct pre-moving conferences and administer the
contract for moving activities in conjunction with move-in for the project. Pacific
will provide on-site personnel to oversee the relocation of all furniture,
equipment, and other artic]es by the movcrs while <1ctu<11 move-in is in progress.
Occupancy Plan/Schedule
Pacific will prepare an occupancy plan, v..hich will include a schedule indicating
critical interfaces for relocation of furniture, equipment, new furniture and
equipment, and the relocation of the City's personnel. This schedule \vill be
distributed to the moving contractors, the City's affected departments, and other
appropriate parties.
Final Project Report
At the conclusion of the project, Pacific will prepare final project accounting and
close-out reports of all above indicated report systems. These reports \vill
summarize, for historical purposes, any items, which are not self-explanatory
procedures developed by the City.
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EXHIBIT B
/0 ¿ It(
PAYMENT SCHEDULE
A. CITY shall pay CONSULTANT an amount not to exceed the total sum of Thirty-Six Thousand, Six
Hundred Fourteen Dollars ($36,614) for construction management services for the Civic Center
Remodel Project for services to be performed pursuant to this agreement. CONSULTANT shall
submit invoices, not more often than once per month, based upon the work completed on each task
identified in EXHIBIT A "Scope of Work".
B. The corresponding not to exceed fee shall be as attached and shall include reimbursable costs of Two
Thousand Three Hundred Fifty Dollars ($2,350), for a Total Fixed Fee of Thirty Nine Thousand
Three Hundred Forty-Four Dollars ($38,964.00).
C. CITY shall pay CONSULTANT an amount not to exceed the total sum of One Hundred Thirty-
Three Thousand Three Hundred Thirty-Six Dollars ($133,336) for construction management services
for the Emerald Glen Park Phase One Project for services to be perfonned pursuant to this
agreement. CONSULTANT shall submit invoices, not more often than once per month, based upon
the work completed on each task identified in EXHIBIT A "Scope of Work".
D. The corresponding not to exceed fee for Construction Management Services for Emerald Glen Park
shall be as attached and shall include reimbursable costs of Seven Thousand Four Hundred Fifty
Dollars ($7,450), for a Total Fixed Fee of One Hundred Forty Thousand Seven Hundred Eighty-Six
Dollars (S140,786).
E. All work is to be billed on a time and material basis using the hourly rates attached to the Scope of
Work (Exhibit A).
F. City shall retain 10% of all billings for each task, until the City has determined that the scope of
services pursuant to this Agreement have been satisfactorily performed.
G. The total sum stated in Section Band D above, shall be the total which the CITY shall pay for the
services to be rendered by CONSULTANT pursuant to this Agreement. CITY shall not pay any
additional sum for any expense or cost whatsoever incurred by CONSULTANT in rendering services
pursuant to this Agreement.
H. CITY shall make no payment for any extra, further or additional service pursuant to this Agreement
unless such extra service and the price therefor is agreed to in a written Change Order executed by
the City Manager, or other designated official of the CITY, authorized to obligate CITY thereto.
Said Change Order shall be executed prior to the time such extra service is rendered and in no event
shall such change order exceed twenty-five percent (25%) of the initial Contract price stated in
Section A. In the event the Change Order exceeds this limitation, City Council approval shall be
required.
1. The services to be provided under this Agreement may be terminated without cause at any point in
time in the sole and exclusive discretion of CITY. In this event, CITY shall compensate the
CONSULTANT for all outstanding costs incurred as of the date of written notice thereof and shall
terminate this Agreement. CONSULTANT shall maintain adequate logs and timesheets in order to
verify costs incurred to date.
J. The CONSULTANT is not authorized to perfonn any services or incur any costs whatsoever under
the tenns of this Agreement until receipt of a fully executed copy of this Agreement.
ExhibiL B
Page 1 of 1
II qf' II
EXHIBIT C
City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may
be reasonably necessary for Consultant's use while consulting with City employees and reviewing
records and the infonnation in possession of City. The location, quantity, and time of furnishing said
physical facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish
any facility which may involve incurring any direct expense, including, but not limiting the generality of
this exclusion, long-distance telephone or other communication charges, vehicles, and reproduction
facilities.
Exhibit C
Page I of I
/J- err /f
EXHIBIT D
GENERAL PROVISIONS
1. INDEPENDENT CONSULTANT. At all times during the tenn of this Agreement, Consultant
shall be an independent Consultant and shall not be an employee of City. City shall have the right to
control Consultant only insofar as the results of Consultant's services rendered pursuant to this
Agreement; however, City shall not have the right to control the means by which Consultant
accomplishes services rendered pursuant to this Agreement.
2. LICENSES: PERMITS: ETC. Consultant represents and warrants to City that he has all licenses,
perrnjts, qualifications and approvals of whatsoever nature which are legally required for Consultant to
practice his profession. Consultant represents and warrants to City that Consultant shall, at his sole cost
and expense, keep in effect at all times during the tenn of this Agreement any licenses, pennits, and
approvals which are legally required for Consultant to practice his profession.
3. TIME. Consultant shall devQte such time to the perfonnance of services pursuant to this
Agreement as may be reasonably necessary for satisfactory perfonnance of Consultant's obligations
pursuant to this Agreement.
4. INSlJRANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the
contract insurance against claims for injuries to persons or damages to property which may arise from or
in connection with the perfonnance of the work hereunder by the Consultant, his agents, representatives,
employees or Subconsultants. The cost of such insurance shall be included in the Consultant's bid.
(a) Minimum Scope of Insurance. Coverage shall be at least as broad as:
1. Insurance Services Office fonn number GL 0002 (Ed. 1/73) covering
comprehensive General Liability and Insurance Services Office fonn number GL 0404 covering Broad
Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability
coverage ("occurrence" fonn CG 0001).
2. Insurance Services Office fonn number CA 0001 (Ed. 1/78) covering Automobile
Liability, code 1 "any auto" and endorsement CA 0025.
3. Workers' Compensation insurance as required by the Labor Code of the State of
California and Employers Liability Insurance.
(b) Minimum Limits of Insurance. Consultant shall maintain limits no less than:
1. General Liability: $1,000,000 combined single limit per occurrence for bodily
injury, personal injury and property damage. If commercial General Liability Insurance or other fonn
with a general aggregate limit is used, either the general aggregate limit shall apply separately to this
project/location or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: $1,000,000 combined single limit per accident for bodily
injury and property damage.
3. Workers' Compensation and Employers Liability: Workers' compensation limits
as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000
per accident.
(c) Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must
be declared to and approved by the City. At the option of the City, either the insurer shall reduce or
Exhibit D
Page 1 of3
/3 ?Í 11
eliminate such deductibles or self-insured retentions as reSDects the Citv. its officers, officials and
employees; or the Consultant shall procure a bond guar~nteeing payment of losses and related
investigations, claim administration and defense expenses.
(d) Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the
follo\\'ing provisions:
1. General Liability and Automobile Liability Coverages.
a. The City, its officers, officials, employees and volunteers are to be covered
as insured as respects: liability arising out of activities performed by or on bebalf of the Consultant:
products and completed operations of the Consultant, premises owned, occupied or used by the
Consultant, or automobiles owned, leased, hired or borrowed bv the Consultant. The covera£e shall
contain no special limitations the scope of the protection afforded to the City, its officers, officials.
employees and volunteers.
b. The Consultant's insurance coverage shall be primary insurance as respects
the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by
the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and
shall not contribute \vith it.
c. Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to the City, its officers, officials, employees or volunteers.
d. The Consultant's insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
') Worker's Compensation and Employees Liability Coverage.
The insurer shall agree to waive all rights of subrogation against the City, its
officers. officials, employees and volunteers for losses arising from work performed by the Consultant
for the City.
3. Professional Liability.
Consultant shall carry professional liability insurance in an amount deemed by the
City to adequately protect the Consultant against liability caused by negligent acts, errors or omissions
on the part of the Consultant in the course of performance of the services specified in this Agreement.
4. All Coverages.
Each insurance policy required by this clause shall be endorsed to state that
coverage shall not be suspended, voided, canceled by either party, 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 City.
(e) AcceDtabilitv of Insurers. Insurance is to be placed with insurers with a Bests' rating of
no less than A: VII.
(f) Verification of Covera!!e. Consultant shall furnish City with certificates of insurance and
with original endorsements effecting coverage required by this clause. The certificates and
endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind
coverage on its behalf. The certificates and endorsements are to be received and approved by the City
before work commences. The City reserves the right to require complete, certified copies of all required
insurance policies, at any time.
(g) Subconsultants. Consultant shall include all Subconsultants as insured under its policies
or shall furnish separate certificates and endorsements for each Subconsultant. All coverages for
Subconsultants shall be subject to all of the requirements stated herein.
(h) The Risk Manager of City may approve a variation in those insurance requirements upon
a determination that the coverages, scope, limits and fonns of such insurance are either not commercially
available or that the City's interests are otherwise fuIJy protected.
ExhibiJ D
Page 2 of 3
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5. CONSULTANT NO AGENT. Except as City may specify in writing, Consultant shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant
shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation
whatsoever.
6. ASSIGNMENT PROHIBITED. No party to this Agreement may assign any right or obligation
pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant
to this Agreement shall be void and of no effect.
7. PERSONNEL. Consultant shall assign only competent personnel to perfonn services
pursuant to this Agreement. In the event that City, ·in its sole discretion, at any time· during the tenn of
this Agreement, desires the removal of any such persons, Consultant shall, immediately upon receiving
notice from City of such desire of City, cause the removal of such person or persons.
8. STAi"'\TIARD OF PERFORMANCE. Consultant shall perfonn all services required pursuant to
this Agreement in the manner and according to the standards observed by a competent practitioner of the
profession in which Consultant is engaged in the geographical area in which Consultant practices his
profession. All instruments of service of whatsoever nature
which Consultant delivers to City pursuant to this Agreement 'shall be prepared in a substantial, first
class and workmanlike manner and confonn to the standards of quality nonnally observed by a person
pl"acticing in Consultant's profession.
9. HOLD HARMLESS AND RESPONSIBILITY OF CONSULTAT"-ilS. Consultant shall take al1
responsibility for the work, shall bear all losses and damages directly or indirectly resulting to him, to
any Subconsultant, to the City, to City officers and employees, or to parties designated by the City, on
account of the perfonnance or character of the work, unforeseen difficulties, accidents, occurrences or
other causes predicated on active or passive negligence of the Consultant or of any Subconsultant.
Consultant shall indemnify, defend and hold harmless the City, its officers, officials, directors,
employees and agents from and against any or all loss, liability, expense, claim, costs (including costs of
defense), suits, and damages of every kind, nature and description directly or indirectly arising from the
perfonnance of the work. This paragraph shall not be construed to exempt the City, its employees and
officers from its own fraud, willful injury or violation of law whether willful or negligent. For purposes
of Section 2782 of the Civil Code the parties hereto recognize and agree that this agreement is not a
construction contract. By execution of this agreement Consultant acknowledges and agrees that he has
read and understands the provisions hereof and that this paragraph is a material element of consideration.
Approval of the insurance contracts does not relieve the Consultant or Subconsultants from liability
under this paragraph.
10. GOVERNMENTAL REGULA TrONS. To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Consultant shall comply with all applicable rules and
regulations to which City is bound by the terms of such fiscal assistance program.
11. DOCUMENTS. All reports, data, maps, models, charts, studies, surveys, photographs,
memoranda or other written documents or materials prepared by Consultant pursuant to this Agreement
shall become the property of the City upon completion of the work to be perfonned hereunder or upon
termination of the Agreement.
Exhibi1 D
Page 3 of 3