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HomeMy WebLinkAboutRES 18-010RESOLUTION NO. 18-010 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a contract with Lockwood, Andrews and Newnam, Inc. (LAN) for grant management and engineering services to address damages incurred during Hurricane Harvey. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of January, 2018. M r Beck� Ames - ENGINEERING SERVICES AGREEMENT STATE OF TEXAS COUNTY OF JEFFERSON § CITY OF BEAUMONT § AGREEMENT FOR CITY OF BEAUMONT On -call Disaster Recovery, Mitigation, Planning and General Engineer Services — Scope of Services SECTION 1 This Agreement made and entered into in Beaumont, Jefferson County, Texas between the City of Beaumont, a Municipal Corporation in the State of Texas, hereinafter termed "City" and Lockwood, Andrews & Newnam, Inc. (LAN), duly licensed, and practicing under the laws of the State of Texas, hereinafter termed "Engineer", said Agreement being executed by the City pursuant to the City Charter and Ordinances and Resolutions of the City Council, and by said Engineer for the Engineering Services hereinafter set forth in connection with the above"designated Project for the City of Beaumont. I. General A. Detailed Project Description The Engineer will perform professional services for the City of Beaumont generally described as providing On -call Disaster Recovery, Mitigation, Planning and General Engineer Services required for the City of Beaumont as described in Attachments "A"and "B", and made part of this contract. All services provided by the Engineer will conform to standard engineering practices utilized by other members of the profession practicing under similar circumstances at the same time and in a similar locality as well as applicable rules and regulations of the Texas Engineering Practices Act and the rules of the Texas Board of Professional Engineers. B. The Engineer shall not commence work on this proposed Project until he has been notified in writing to proceed. The Engineer, in consideration for the compensation herein provided, shall render all professional services, including any associated subconsultants, necessary for the development of the Project to completion, as provided in this Agreement. City of Beaumont scope or Services -LAN II. Basic Services a. Meet with the City to determine detailed scope and schedule for each of the four (4) listed tasks in Attachment A. b. Perform the services described in Attachment A — Services To Be Provided By LAN, Inc. III. Special Services N/A IV. Additional Services All work that will be performed by the Engineer at the request of the City that is described in this paragraph and not included in the paragraphs above, shall constitute Additional Services. Additional Services shall include, but are not limited to the following: A. Services required by the City in any litigation or other controversy as an expert witness, including actual testimony time, stand-by waiting time, preparation of engineering data and reports or depositions and consulting with the City or its attorney. B. Preparation of any special reports, applications for permits or grants, and appearances before any regulatory agencies or public hearings not included in Attachments "A" or "B". C. `Any revisions of previously approved work. D. Any travel and subsistence to points other than Engineers or City's Offices and Project sites. E. Additional services due to significant changes in scope of Project including but not limited to changes in size, complexity, or character of services as agreed to by both parties. F. Providing services after issuance of Letter of Acceptance from the City. V. Coordination A. The. Engineer shall hold monthly conferences with the Public Works Director, hereinafter termed "Director", or his representatives to the end that the Project as developed shall have the full benefit of the City's experience and knowledge of existing needs and facilities, and be consistent with its current policies and standards. To assist the Engineer in this coordination, the City shall make available for the Engineer's use in planning and City of Beaumont Scope of Services - LAN designing the project all existing plans, maps, field notes, statistics, computations, and other data in its possession relative to existing facilities and to this particular Project, at no cost to the Engineer. However, any and all such information shall remain the property of the City and shall be returned if instructed to do so by the Director. To the extent the Engineer utilizes any -such information to meet its standard of care the Engineer shall be entitled to keep one such copy for its business record. B. The Director will act on behalf of the City with respect to the work to be performed under this Agreement. He shall have complete authority to transmit instructions, receive information, interpret and define the City's policies and decisions with respect to materials, equipment, elements and systems pertinent to Engineer's services. C. The City will give prompt written notice to the Engineer whenever the City observes or otherwise becomes aware of any defect (error or omission) in the Engineer's services or any development that affects the scope or timing of Engineer's services. D. The City shall furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be determined to be necessary by the City for the completion of the Project. The Engineer will provide the City reasonable assistance in connection with such approvals and permits such as furnishing of data compiled by the Engineer pursuant to other provisions of the contract, but shall not be obligated to develop additional data, prepare extensive reports or appear at hearings or the like unless compensated therefore under other provisions on this contract. E. The Engineer shall promptly report, in writing, to the City of any development that would affect the scope or timing of the Project. VI. Fee Schedule A. General For and in consideration of the services to be rendered by the Engineer in this Agreement, the City shall pay and the Engineer shall receive the compensation hereinafter set forth for the Engineer's services described in Sections II, III, and IV. B. Basic and Special Services The basis of compensation for Basic and Special Services shall be at the standard hourly rates and expenses as provided in the Schedule of Hourly Rates and Expenses shown on Attachment "B" - Billing Classification and Reimbursable Expenses Rate Table. The Engineer agrees that the total for Basic and expenses shall not exceed $85.141,-allocated to tasks as agreed in writing between the parties. My o1 Bnumord snips d Services - LAN VII. City Payments A. Payments shall be made to the Engineer based on the several tasks as described above and in accordance with the following: One -hundred percent (100%) of the amount due the Engineer for work performed on each task shall be payable on a monthly basis. B. Payment shall be made within thirty (30) days after submittal of the request for payment for work performed. C. The City reserves the right to make an audit of time based and reimbursable expense charges claimed for this contract for services. VIII. Revisions to Drawings and Specifications The Engineer shall make, without additional expense to the City over and above the basic fee, such revisions to the Design Phase as may be required to meet the needs of the City. After approval of the Design Phase by the City, any revisions, additions, or other modifications made at the City's request that involves extra services and expenses to the Engineer shall be subject to additional compensation to the Engineer for such extra services and expenses. IX. Ownership of Documents All documents including the original drawings, estimates, specifications, field notes and data, will remain the property of the Engineer as instruments of service. However, it is to be understood that the City shall have free access to all such information with the right to make and retain copies of drawings and all other documents including field notes and data. Any re- use without specific written verification or adaptation by Engineer will be at City's sole risk and without liability or legal exposure to Engineer. X. Termination Either party to this Agreement may terminate the Agreement by giving the other thirty (30) days notice in writing and in accordance with the following procedure: A. Upon delivery of such notice by either party to the party, and upon expiration of the thirty day period, the Engineer shall discontinue all services in connection with the performance of this Agreement and shall proceed to cancel promptly all existing orders and contracts insofar as such orders or contracts are chargeable to this Agreement. As soon as practicable after receipt of notice of termination, the Engineer shall submit a statement, showing in detail the services performed under this Agreement to the date of termination. The Owner shall then pay the Engineer promptly that proportion of the prescribed charge to which the service actually performed under this Agreement is City of Beaumont scope of Services - LAN applicable and useable to this Project, less such payments on account of the charges as have been previously made. Copies of specifications prepared under this Agreement shall be delivered to the City when and if this Agreement is terminated, but subject to the restrictions, as to their use, as set forth in Section VIII. B. Failure by the Engineer to comply with the submittal of the statement, and documents as required above shall constitute a waiver by the Engineer of any and all rights or claims to collect any monies that the Engineer may rightfully be entitled to for services performed under this Agreement. XI. Engineer's Warranty The Engineer warrants that he has not employed or retained any company or person other than a bona fide employee working solely for the Engineer to solicit or secure this Contract, and that he has not for the purpose of soliciting or securing this Contract paid or agreed to pay any company or person, other than a bona fide employee working solely for the Engineer, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this contract. XII. Equal Employment Opportunity The Engineer agrees to follow the Minority Business Enterprise requirements and/or develop an Affirmative Action Plan as set forth by the City. XIII. Assignment or Transfer of Interest The Engineer shall not assign or transfer its interest in the Contract without the written consent of the City. XIV. Indemnification/Liability The Engineer shall save and hold harmless the City from all claims and liability due to activities of himself, his agents, or employees, performed under this Contract and which result from a negligent act, error or omission of the Engineer or of any person employed by the Engineer. The Engineer shall also save harmless the City from any and all expenses, including attorney fees which might be incurred by the City in litigation or otherwise resisting.said claim or liabilities which might be imposed on the City as result of such activities by the Engineer, his agents, or employees and for which the Engineer is found to be legally liable. The Engineer shall, within one week after signing the contract and before any work shall start, furnish the City with certificates of insurance naming the City as additional insured on the General Liability and Automobile policies satisfactory to the City and indicating the existence of Statutory Workmen's Compensation Insurance. Such insurance shall be at the Engineer's expense. The limits shall be as follows: City of Beaumont Scope of Services- LAN Commercial General Liability and Auto Liability Insurance shall not be less than $1,000,000.00 per incident / $1,000,000.00 per occurrence. These certificates shall contain a provision that the City shall be notified thirty (30) days before cancellation of the insurance. The Engineer shall maintain such insurance in force during the life of the contract and no modification or change of insurance carriage and provision shall be made without thirty (30) days written advance notice to the City. XV. Estimates of Cost Since the Engineer has no control over the cost of labor, materials, or equipment or over the contractor's methods of determining prices, or over competitive bidding or market conditions, his opinions of probable Project Cost or Construction Cost provided for herein are to be made on the basis of his experience and qualifications and represent his best judgment as a design professional familiar with the construction industry but the Engineer cannot and does not guarantee that proposals, bids or the construction cost will not vary from opinions of probable cost prepared by Engineer. XVI. Force Majeure The City agrees that the Engineer is not responsible for damages arising from any circumstances beyond the Engineer's reasonable control. For purposes of this Agreement, such causes include, but are not limited to, strikes or other labor disputes; severe weather disruptions, natural disasters, fire or other acts of God; riots, war or other emergencies; failure of any governmental agency to act in timely manner; failure of performance by the City or the City's other Engineers, it's Contractor or any of their subcontractors; or discovery of any hazardous substances or differing and unforeseeable site conditions. XVII. Interest in City Contracts Prohibited No officer or employee of the City shall have a financial interest, direct or indirect, in any Contract with the City, or shall be financially interested, directly or indirectly, in the sale to the City of any land, materials, supplies or service, except on behalf of the City as an officer or employee. XVIII. Entire Agreement This Agreement, including the attachments, represents the entire and integrated Agreement between the City and Engineer and supersedes all prior negotiation, representations, or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Engineer. City of Beaumont Scope of San kes- LAN SECTION 2 IN WITNESS WHEREOF, the City of Beaumont has lawfully caused these presents to be executed by the hand of the City Manager of said City, and the corporate seal of said City to be hereunto affixed and this instrument to be attested by the City Clerk, and the said Engineer, acting by the hand of Derek St. John, PE: CF1V1 thereunto authorized signee title, does now sign, execute and deliver this document. Done at Beaumont, Texas, on this day of `A • , A.D. 2018. Lockwood, Andrews & Newnam, Inc. CITY OF BEAUMONT By: By. Business Group Director City Manager beYek 5A . john Attest: By: Bmaati- Witness $Qtga &24'0ssf ao City of Beaumont Scope of SeMcee - LAN Attest: By: City Clerk ATTACHMENT A SERVICES TO BE PROVIDED BY LAN, INC. City of Beaumont Scope of Services- LAN Attachment A — Services To Be Provided By LAN; Inc. January 5, 2018 Dr. Joseph Majdalani, PE, CFM Public Works Director City of Beaumont 801 Main, Suite 210 Beaumont TX 77701 RE: Tropical Storm Harvey Damage Mitigation - Riverfront Park Streambank Stabilization and Flood Mitigation Engineering Services - Scope of Services Dear Dr. Majdalani, LAN is pleased to provide this agreement for Tropical Storm Harvey Damage Mitigation — Riverfront Park Streambank Stabilization and Flood Mitigation Engineering Services. LAN is partnering with local engineering firm Chica and Associates, in which they will provide general project support. The project will be executed as follows. Basic Services (Tasks A — D): Task A — Riverfront Park Fundine Evaluation and Application Define and apply for alternative funding to assess and stabilize the western bank of the Neches River in the vicinity of Riverfront Park which experienced significant streambank erosion during Tropical Storm Harvey. Task 100 — Project Funding Evaluation and Coordination Explore parallel paths for project funding including the USACE (Corps) and MRCS Disaster Response and FEMA Public Assistance. Facilitate USACE discussions in pursuit of a partnership project. Compile documentation of damages including photo documentation and statements from City staff. Review furnished relevant reports, studies, GIS data, and historical flood event documentation in support of alternative funding pursuits. Perform up to two (2) site visits with the Corps, NRCS, and/or FEMA representatives to inspect the damages and discuss options for funding and mitigation alternatives. Coordinate alternatives development with project stakeholders including the City, PortAuthority, River Authority, and the Corps. Task 200 — Funding Application Prepare funding application including all associated attachments including problem statement, summary documentation of damages, alternatives evaluation report, scope and fee for selected alternative, and interlocal agreements (as applicable) to pursue alternative funding, local project match commitment, and maintenance agreement. Coordinate with City staff for review and authorization of funding application and associated attachments. 2925 Bdarpark Wye, Sulte 400 • Houston, TX 77042 • Phone: 713.266.6900 - Fax: 713.266.2089 • wwwJaMnc.com Funding administration and development of final engineering design plans and specification to be contracted separately following funding award. Grant administration support will include preparation of quarterly status reports, project financial summaries, coordination with funding stakeholders, and facilitating public outreach requirements. Engineering services to include development of construction drawings and specifications, construction oversite, and development of as -built plans following project completion. Deliverables Task A Submittal Item: Submittal Description: Funding One electronic copy (in PDF format via email) of 8.5 x 11 complete funding application Application and support documentation including City signatures and authorizations. Task B — Riverfront Park Streambank Stabilization Task 100 — Slope Stabilization LAN will perform conceptual engineering to determine design options for the restoration and stabilization of the eroded shoreline along the Neches River adjacent to City Hall. LAN will provide a maximum of (2) design options for each of the following scenarios. • Restore/Reclaim the eroded shoreline to pre -storm conditions and stabilize shoreline • Stabilize shoreline at current / post -Storm location Task 200 — Channel Bottom Stabilization LAN will perform conceptual engineering to determine design options for the restoration of the Neches River channel bottom that has scoured at the location adjacent to City Hall. LAN will provide a maximum of (2) design options to fill the scoured hole delineated on the reference bathymetric survey provided by the City. Task 300 — Stabilization Design Memorandum LAN will prepare a Design Memorandum (DM), which will summarize the findings from the conceptual engineering tasks. LAN will describe each design option in a narrative format and provide exhibits of each of the design options. These exhibits will include a conceptual plan sheet and cross section for each design option. LAN will perform conceptual cost estimating to determine Opinion of Probable Project Cost (OPPC) for each of the design options. The OPPC will include construction, engineering and other project costs. OPCC will be made on the basis of LAN's experience and qualifications and represent our judgment as an experienced and qualified professional generally familiar with the industry. Upon your approval, LAN will meet with a local marine contractor to obtain a review of the costs opinions and to obtain their validation of our opinion of costs. 2925 Briarpark Drive, Suite 400 . Houston, TX 77042 • Phone: 713.266.6900 • Fax: 7132662069 • wwwJan4nc=rn Deliverables for this task include the design memorandum in report format, the OPPC within body of the memorandum and exhibits attached to the report in the appendix. At the conclusion of the task, it is assumed the City will review the draft submittal and provide comments and those comments will be incorporated into the final submittal. Deliverables Task B Submittal Item: I Submittal Description: Stabilization One electronic copy (in PDF format via email) of 11x17 exhibits and 8.5 x it documents Design of the draft design memorandum submittal. The purpose of this submittal is to allow Memorandum - the City to perform an internal review of the draft document and provide comments. Draft LAN will incorporate comments and issue a final design memorandum. LAN has included time for one round of review by the City of the draft memorandum. Stabilization One electronic copy (in PDF format via email) of 11x17 exhibits and 8.5 x 11 documents Design of the final design memorandum. The submittal will be submitted in a final format. LAN Memorandum - has not included time for review by the City of the final documents. Final Task C — Limited Ground Survey The LAN team will include limited ground survey. This survey will aid in the development of preliminary site exhibits. These exhibits will be a part of the Design Memorandum in Task B. Deliverables Task C Submittal Item: I Submittal Description: Preliminary One electronic copy (in PDF format via email) of 11x17 of the preliminary exhibits. Ground Surrey Exhibits Task D-Task Management and Controls LAN will provide task management / controls for tasks listed below. This work will involve general project management duties such as status reporting, scheduling of manpower and project deliverables, staff assignments, internal coordination meetings and quality control based on LAN's pre -established QC program. LAN has included time to respond to comments after the draft design memorandum submittal. 2925 Briarpark Drive, Suite 400 • Houston, TX 77042 • Phone: 713.280,0900 • Fax: 713.2662089 • ww,v.1an4nc,wrn 3 Deliverables Task D Submittal Item: I Submittal Description: Design Review I One Electronic copy, in PDF format of the documents. LAN has included time for one Meeting design review meeting following the draft design memorandum submittal. Minutes, Agenda and Sign -in sheet Additional Services (Tasks E —1): The following items within the Additional Services Tasks are budgetary place holders for future tasks. During the execution of the Basic Services Task, if the need arises for these services and the City approves the services in writing, a formal detailed proposal will be submitted. It should be noted, that the budgetary amounts provided do not reflect an agreed upon compensation for services. Deliverables for additional services are not shown and will be delineated within the formal detailed proposal. Task E — Detailed Ground Survey Task 100 — Ground Survey Detailed ground surveying and mapping of the project area will be performed. This survey will outline and detail the existing topographic features, which will serve as a reference base map for the project design. Site control will be established using the horizontal and vertical controls of surrounding monuments and additional bench marks will be established as required for the project layout. Task.F — Bathymetric.Survey. Task 100 — Bathymetric Survey It is understood that a post -storm bathymetric survey was performed and this data has been requested from the City. This data will be reviewed and work orders will be developed for supplemental bathymetric surveying, as necessary, to delineate the bathymetry of the river bottom and slope contours to support the preliminary design. It is anticipated that additional surveying will be required to tie the bathymetric and ground survey together and fill gaps in the existing data. Task G — Geotechnical Task 100 — Geotechnical Exploration and Engineering Geotechnical field exploration and laboratory testing / analysis will be performed within the project area. Geotechnical engineering will be performed at the completion of the Laboratory testing. Engineering analysis will be performed to develop recommendations for the driven pile 2925 Brlerperk Drive, Suite 400- • Houston, TX 77042 • Phone: 713266.6900 • Fauc 713.2662M • www.lan4nc.com design and in -situ capacity. In addition, soil lateral strength parameters will be determined to aid in the structural design of the slope stabilization. A slope stability analysis of the stabilization will be performed. Recommendations on various slopes angles and combinations of slope protection will be provided based on the results of the soil borings collected within the project area. Task H — Environmental Task 100 — Preliminary Permitting Support Preliminary permitting support will be performed during the 30% design phase. The permitting support will be limited to outlining the steps and determining the required documentation to implement the design options evaluated during the preliminary engineering task. Task I — Side Scan Sonar & Underwater Assessment Task 100 — Preliminary Engineering A side scan sonar of the underwater portion of the project area will be performed, to determine the extent of dispersed rip -rap and debris along the project area. The determining the extent of the debris will aide in the removal of conflicts with the installation of slope stabilization option during construction. A condition assessment will be performed by a divers, to inspect the remaining slope stabilization sheet piling upstream and downstream from the project area. This will be performed to determine the extents of the project area and determine the condition of the tie-in point between the existing stabilization and new stabilization project. Task J"30%o Engineerina Design Task 100 — Preliminary Engineering LAN will perform preliminary engineering of the City selected design options proposed within the Design Memorandum for the restoration of the Neches River channel bottom and for the restoration or stabilization of the eroded shoreline along the Neches River. LAN will work with the City to develop a design criteria for the slope stabilization project. The design slope stabilization option will be based on input from the flood modeling and field services performed. A preliminary structural analysis and design will be performed to determine the size of the retaining wall or toe stabilization required. The slope protection will be evaluated based on geotechnical recommendations for the slope angle and the size of the slope protection will be based on the modeled flood forces within the river. LAN will perform preliminary hydraulic modeling to determine slope protection, fill requirement and design criteria for the Neches River. Existing conditions will be created and validated against Hurricane Harvey data. From there, size and types of slope protection can be determined. Material to fill the scoured hole will be sized based on the outcome of the model, modeled shear stresses and velocities. 2925 Briarpark Drive, Suite 400 • Houston. TX 77042 • Phana 713266.690 • Fax 713.2862089 • wwwJan•Inc.com Task 200 — Drawings LAN will develop 30% drawings based on the preliminary engineering task. The drawings will be limited to general site plans and general sheets. Proposal Assumptions & Clarifications This Proposal is based on the following assumptions and clarifications • Detailed Engineering, Permitting Services, Bid and Construction Phase Services are excluded from this proposal. • We have assumed deliverable documents will be provided in electronic format (PDF) to the City for reproduction and 'distribution by internal document controls personnel. Reproduction cost are not included. • The City will provide electronic documents (AutoCAD format) of the bathymetric survey performed along the eroded bank along the Neches River. • The City will provide electronic documents (AutoCAD or PDF format) of previous stabilization projects at the site. • The City will provide pre -storm survey of the eroded shoreline in electronic format (AutoCAD or PDF). • LAN has included time for one design review meeting following the draft design memorandum submittal. • LAN has included time for one round of review by the City of the draft memorandum. • Additional Services Tasks are budgetary place holders for future tasks. During the execution of the Basic Services Task, if the need arises for these services and the City approves the services in writing, a formal detailed proposal will be submitted. It should be noted that the budgetary amounts provided do not reflect an agreed upon compensation for services. Deliverables for additional services are not shown and will be delineated within the formal detailed proposal. LAN proposes to perform these services for time and materials not to exceed contract amount for the Basic Services of $85,141. Additional services can be authorized, if necessary and requested by the USACE, for items such as detailed ground survey, bathymetric survey, geotechinical services, environmental services, side scan sonar and underwater assessment, and 30% engineering design. Basic Services ITask Description Services Cost Task A - Funding Application and Administration $19,956 Task B - Mitigation Engineering Services $44,987 Task C - Limited Ground Survey $12,000 Task D - Management and Controls $8,198 Total Cost for Basic Services $85,141 2925 Bdarpark Drive, Suite 400 • Houston, TX 77042 • Phone: 713.266.8MD • Fax 713-HO n 9 • wwwAn-inc.eam 6 Invoices will be submitted to the City on a monthly basis in accordance with Attachment B, copy attached. If additional documentation is needed to execute this agreement please contact me at 713- 821-0380. Sincerely, V Derek St. John, PE, CFM Business Group Director Water Resources 2925 Briarpark Drive, Sulle 400 • Houston, TX 77042 • Phone: 713288.8900 • Fax: 713268,2089 • www3an-Ino corn ATTACHMENT B BILLING CLASSIFICATION RATE TABLE My of Beaumont Scope of Services - LAN Attachment B City of Beaumont On -call Disaster Recovery, Mitigation, Planning and General Engineer Services — Scope of Services Billing Classification Rate Table i 20-October-2017 I i Position Hourly Rates Principal...............................................................................................................$260 TeamLeader/Program Manager.........................................................................$250 SeniorEngineer....................................................................................................$205 ProjectEngineer...................................................................................................$185 EngineerIII..............................................................................................I.............$165 EngineerII............................................................................................................$150 Engineer.................................................................................. ................. ....$140 GIS/ Data Manager..............................................................................................$130 Technical/ Designer .............. ......................................................................... .......... $105 Administrative Support .......................................................................................$80 EngineeringIntern...................................................................::..................:.......$55 Rates subiect to.a maximum 5% increase in March of each`Vear. Page 1 of 2 Attachment B City of Beaumont On -call Disaster Recovery, Mitigation, Planning and General Engineer Services — Scope of Services Reimbursable Expenses Rate Table 20-October-2017 Expense Category Unit Fused Costs Maximum Costs n Subconsultant/Subcontractor Invoices Invoice 1.05 times Invoice Not Applicable Equipment and Supplies Receipt 1.05 times Receipt Not Applicable Instruments, meters, gauges, data recording devices of all types Receipt 1.05 times Receipt Not Applicable Page 2 of 2