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CITY COUNCIL STAFF REPORT
DATE: January 13, 2022 CONSENT CALENDAR
SUBJECT: AWARD A CONSTRUCTION CONTRACT TO SDC ENGINEERING, INC.,
A CALIFORNIA CORPORATION, IN THE AMOUNT OF $231,617.30 FOR
THE WASTEWATER TREATMENT PLANT BLOCK WALL, CITY
PROJECT NO. 21-11
FROM: Justin Clifton, City Manager
BY: Development Services Department
SUMMARY:
Award of this contract will allow the City to proceed with the upgrade to the chain link
fence shared between the Wastewater Treatment Plant and Demuth Park to a block wall.
RECOMMENDATION:
1. Award a construction contract to SDC Engineering, Inc., a California corporation,
in the amount of $231,617.30 for WWTP Block Wall, City Project No. 21-11; and
2. Authorize the City Manager or his designee to execute all necessary documents.
BUSINESS PRINCIPAL DISCLOSURE:
The Public Integrity Disclosure Form for SDC Engineering, Inc. is included as
Attachment A.
BACKGROUND:
On November 4, 2021, the City approved the plans, specifications, and engineer’s
estimate for the Project and authorized Staff to advertise and solicit bids. A copy of the
staff report is included as Attachment B.
STAFF ANALYSIS:
On November 8, 2021, Staff advertised the Project to plan rooms and through the
procurement program, PlanetBids™, to allow the submission of bids electronically. On
November 9, 2021, Staff advertised the Project for bids in The Desert Sun. The contract
documents were provided free of charge to prospective bidders.
Item 1Q - 1
City Council Staff Report
January 13, 2022 -- Page 2
Award City Project 21-11 – WWTP Block Wall
On December 14, 2021 at 3:00 p.m., the Engineering Division received seven bids
through PlanetBids™ from the following contractors:
Company Location Bid Amount
SDC Engineering, Inc. Long Beach, CA $213,617.30
Desert Concepts Construction, Inc. Indio, CA $298,761
BWW and Company, Inc. Redlands. CA $340,401
Neuroth Construction Inc. San Marcos, CA $367,227
Bunker Construction Inc. Indio, CA $395,793
Baltazar Construction Inc Covina, CA $476,951
Roadway Engineering & Contracting, Inc. Fontana, CA $527,900
SDC Engineering, Inc. submitted the lowest responsive, responsible bid in the amount of
$213,617.30. The engineer’s estimate for the Project as reported to the City Council on
November 4, 2021 was $250,000 to $300,000. Costs are lower than the estimate.
Local Business Preference Compliance
Section 7.09.030 of the Palm Springs Municipal Code (“PSMC”), “Local Business
Preference Program”, requires prime contractors to use good faith efforts to sub-contract
the supply of materials and equipment to local business enterprises and to sub-contract
services to businesses whose work force resides within the Coachella Valley. SDC
Engineering, Inc. is not considered a local business but has demonstrated sufficient
evidence of good faith efforts to subcontract the supply of materials to local businesses.
Bid Analysis
Staff reviewed all bid documents submitted by the apparent low bidder and determined
that SDC Engineering, Inc. complies with the instructions to bidders and has submitted
the lowest responsive and responsible bid. Staff recommends that the City Council
approve the bid submitted by SDC Engineering, Inc. A construction agreement is included
as Attachment C.
ENVIRONMENTAL ASSESSMENT:
In accordance with the California Environmental Quality Act (“CEQA”) Guidelines Section
15301 “Existing Facilities”, Class 1 projects consist of the operation, repair, maintenance,
permitting, leasing, licensing, or minor alteration of existing public structures, facilities,
mechanical equipment or topographical features involving negligible or no expansion of
existing or former use. Therefore, Staff has determined that the WWTP Block Wall, City
Project No. 21-11, is considered categorically exempt from CEQA.
FISCAL IMPACT:
Sufficient funds are budgeted and available in the Wastewater Fund.
Item 1Q - 2
City Council Staff Report
January 13, 2022 -- Page 3
Award City Project 21-11 – WWTP Block Wall
REVIEWED BY:
Department Director: Flinn Fagg
City Manager: Justin Clifton
ATTACHMENTS:
A. Public Integrity Disclosure Forms
B. Staff Report – November 4, 2021
C. SDC Engineering, Inc. Agreement
Item 1Q - 3
Attachment A
Item 1Q - 4
Item 1Q - 5
PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
1 . Name of Entity
2. Address of Entity (Principle Place of Business)
-Jt3'1ff> --l ii 1Jb< ft · t;fl1-1 ·rJ6-..?/f'-; l1t){& PJfD u~ e,4
3 . Local or California Address (if different than #2)
4. State where Entity is Registered with Secretary of State
I
I
If other than California , is the Entity also registered in California? n Yes n No
5. Type of Entity
~ Corporation O Limited Liability Company O Partnership O Trust O Other (please spec ~ify)
6. Officers, Directors, Members, Managers , Trustees, Other Fiduciaries (please :~pecify)
Note: If any response is not a natural person, please identify all officers, di, ectors,
members, managers and other fiduciaries for the member, manager, trust or other entity
__ 1)---,,,..._cALC.. -~-~-~(A-~· _'i-l_O\_~ _________ !'.'ii Officer D Director D Member D Manager
[name]
D General Partner D Limited Partner
D Other ____________ _
-~--2 o--'-rJ_\_A __ C._~_~_C-_\_tJ<J _________ -gJ Officer D Director D Member D Mi nag er
[name]
D General Partner D Limited Partner
D other ___________ +--_
__________________ D Officer D Director D Member D Mc: nager
(Revised 05/16/19)
[name]
D General Partner D Limited Part ner
O other ___________ -+---
CITY OF PALM SPRINGS -PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
Page 1 of 2
Item 1Q - 6
7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity
EXAMPLE
JANE DOE 50%, ABC COMPANY, Inc.
[name of owner/investor] [percentage of beneficial interest in en ity
and name of entity]
A.
'0Ar1 i-i'f CJ:,. t-J [,,I 'N'v il5\ oj o
[name of owner/investor] [percentage of beneficial interest in en ity
and name of entity]
B.
t.\ vj uj\) 0DtJlf.t CAt-> 01,-.r0
[name of owner/investor] [percentage of beneficial interest in en1 ity
and name of entityl
C.
[name of owner/investor] [percentage of beneficial interest in en1 ity
and name of entity]
D.
[name of owner/investor] [percentage of beneficial interest in ent ity
and name of entity]
E.
I
[name of owner/investor] [percentage of beneficial interest in ent ty
and name of entity]
I DECLARE UNDER PENAL TY OF PERJURY UNDER THE LAWS OF THE STAT = OF
CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
Signature of Disclosing Party, Printed Name , Title Date
\~ \ "L-),1" \ ·"v<) 'U
' !
PENALTIES
Falsification of information or failure to report information required to be reportE d
may subject you to administrative action by the City.
CITY OF PALM SPRINGS-PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
Page 2 of 2
(Revised 05/16/19)
Attachment B
Item 1Q - 7
CITY COUNCIL STAFF REPORT
DATE: November 4, 2021 CONSENT CALENDAR
SUBJECT: APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND
AUTHORIZATION TO BID THE WASTEWATER TREATMENT PLANT
BLOCK WALL, CITY PROJECT 21-11
FROM: Justin Clifton, City Manager
BY: Development Services Department
SUMMARY:
Approval of this item will allow Staff to proceed with the bidding for the construction of the
Wastewater Treatment Plant (WWTP) Block Wall, City Project 21-11, with an estimated
cost of $300,000. The construction documents (Plans, Specifications and Estimate) are
completed and in accordance with Section 7.03.040 of the Procurement and Contracting
Code; the City Council shall approve and adopt the plans, specifications, and work details,
and authorize the bid request for all public projects in excess of $200,000.
RECOMMENDATION:
Approve the plans, specifications, and estimate; and authorize Staff to advertise and
solicit bids for the WWTP Block Wall, City Project 21-11 (“Project”).
BACKGROUND:
On November 4, 2015, the City Council approved a Wastewater Services Agreement with
Veolia Water West Operating Services, Inc. (Veolia) for operation and maintenance of the
City’s sewer collection system and the WWTP. Veolia and City Staff identified the WWTP
Block Wall project to help mitigate WWTP odors and noise impacting Demuth Park
patrons. The WWTP shares a chain link fence with the pickleball and tennis courts at
Demuth Park. The WWTP Block Wall project will replace the existing chain link fence with
a 10-foot-high by 235-foot-long block wall to help reduce disruption and enhance the park
patron’s experience.
On April 8, 2021, the City Council approved a purchase order in the amount of $82,315
to Veolia for the design of the block wall and for electrical relocation services. Veolia’s
proposal consisted of design services through Randy Purnel Landscape Architect (RPLA)
and electrical relocation services through Cove Electric Inc. A copy of the staff report is
included as Attachment A.
1D - 1Item 1Q - 8
City Council Staff Report
November 4, 2021 -- Page 2
City Project 21-11
STAFF ANALYSIS:
A design package was prepared for construction of the block wall and conflicting electrical
service has been relocated. Staff recommends the City replace the existing chain link
fence shared between Demuth Park and the WWTP with a new block wall at the Demuth
Park pickleball courts. Randy Purnel Landscape Architect (RPLA) has completed the
preparation of plans and specifications for the Project. The contract documents prepared
by RPLA have been reviewed and approved by the City’s Engineering Division.
With City Council approval, Staff will advertise the Project in The Desert Sun, and post
the project on the City’s on-line bid management system. Copies of the contract
documents are on file with the Engineering Division. The following tentative schedule has
been identified for the bid process:
Notice Inviting Bids to be posted: November 10, 2021
Deadline for receipt of bids: December 14, 2021
Contract awarded by City Council: January 13, 2022
Staff recommends that the City Council approve the contract documents and authorize
Staff to formally solicit construction bids for the Project.
ENVIRONMENTAL ASSESSMENT:
In accordance with the California Environmental Quality Act (“CEQA”) Guidelines Section
15301 “Existing Facilities”, Class 1 projects consist of the operation, repair, maintenance,
permitting, leasing, licensing, or minor alteration of existing public structures, facilities,
mechanical equipment or topographical features involving negligible or no expansion of
existing or former use. Therefore, Staff has determined that the WWTP Block Wall, City
Project No. 21-11, is considered categorically exempt from CEQA. A Notice of Exemption
was filed with the Riverside County Clerk.
FISCAL IMPACT:
Sufficient funds are budgeted and available in the Wastewater Fund. No General Fund
or Measure J Capital Funds are required for capital projects directly related to the City’s
WWTP or sanitary sewer collection system.
REVIEWED BY:
Department Director: Flinn Fagg
City Manager: Justin Clifton
ATTACHMENTS:
A. Staff Report – April 8, 2021 (Note: Additional attachments on file with City Clerk)
1D - 2Item 1Q - 9
Attachment C
Item 1Q - 10
WWTP BLOCK WALL
CITY PROJECT NO. 21-11
OCTOBER 2021
AGREEMENT FORM
AGREEMENT AND BONDS - PAGE 1
AGREEMENT
(CONSTRUCTION CONTRACT)
THIS AGREEMENT made this X XXX day of XX , 2021, by and
between the City of Palm Springs, a charter city, organized and existing in the County of
Riverside, under and by virtue of the laws of the State of California, hereinafter designated
as the City, and XXXX hereinafter designated as the Contractor.
The City and the Contractor, in consideration of the mutual covenants hereinafter set forth,
agree as follows:
ARTICLE 1 -- THE WORK
For and in consideration of the payments and agreements to be made and performed by
City, Contractor agrees to furnish all materials and perform all work required to complete
the Work as specified in the Contract Documents, and as generally indicated under the
Bid Schedule(s) for the Project entitled:
WASTEWATER TREATMENT PLANT BLOCK WALL
CITY PROJECT NO. 21-11
The items of work shall include but are not limited to: all materials, labor, tools, equipment,
apparatus, facilities, transportation, incidentals necessary to furnish, all implied requirements,
and all appurtenant work as required to remove existing 235’ of chain link fence, installation
of a new 10’ x 235’ CMU wall, landscape improvements, re-routing of existing underground
4” reclaimed water line, installation of restrain joints and thrust blocks, installation of trench
drain, re-grading of landscape including the addition of a retention basin, adjustments to
remaining chain link fencing as it relates to new block wall along the south end of the Demuth
Park pickle ball courts, and all other work as described on the plans and specifications.
ARTICLE 2 -- COMMENCEMENT AND COMPLETION
The Work to be performed under this Contract shall commence on the date specified in
the Notice to Proceed by the City, and the Work shall be fully completed within the time
specified in the Notice to Proceed.
The City and the Contractor recognize that time is of the essence of this Agreement, and
that the City will suffer financial loss if the Work is not completed within the time specified
in Article 2, herein, plus any extensions thereof allowed in accordance with applicable
provisions of the Standard Specifications, as modified herein. The parties also recognize
the delays, expense, and difficulties involved in proving in a legal proceeding the actual
loss suffered by the City if the Work is not completed on time. Accordingly, instead
of requiring any such proof, the City and the Contractor agree that as liquidated damages
or delay (but not as a penalty), the Contractor shall pay the City the sum specified in Section
6-9 of the Special Provisions for each calendar day that expires after the time specified in
Article 2, herein. In executing the Agreement, the Contractor acknowledges it has
reviewed the provisions of the Standard Specifications, as modified herein, related to
liquidated damages, and has made itself aware of the actual loss incurred by the City due
to the inability to complete the Work within the time specified in the Notice to Proceed. This
Section does not exclude recovery of other damages specified in the Contract Documents.
Item 1Q - 11
WWTP BLOCK WALL
CITY PROJECT NO. 21-11
OCTOBER 2021
AGREEMENT FORM
AGREEMENT AND BONDS - PAGE 2
Liquidated damages may be deducted from progress payments due Contractor, Project
retention or may be collected directly from Contractor, or from Contractor's surety. These
provisions for liquidated damages shall not prevent the City, in case of Contractor's
default, from terminating the Contractor.
ARTICLE 3 -- CONTRACT PRICE
The City shall pay the Contractor for the completion of the Work, in accordance with the
Contract Documents, in current funds the Contract Price(s) named in the Contractor's Bid
Proposal and Bid Schedule(s), and any duly authorized Construction Contract Change
Orders approved by the City. The amount of the initial contract award in accordance with
the Contractor’s Bid Proposal is $231,617.30.
Contractor agrees to receive and accept the prices set forth herein, as full compensation
for furnishing all materials, performing all work, and fulfilling all obligations hereunder.
Said compensation shall cover all expenses, losses, damages, and consequences arising
out of the nature of the Work during its progress or prior to its acceptance including those
for well and faithfully completing the Work and the whole thereof in the manner and time
specified in the Contract Documents; and, also including those arising from actions of the
elements, unforeseen difficulties or obstructions encountered in the prosecution of the
Work, suspension of discontinuance of the Work, and all other unknowns or risks of any
description connected with the Work.
ARTICLE 4 -- THE CONTRACT DOCUMENTS
The Contract Documents consist of the Notice Inviting Bids, Instructions to Bidders, the
prevailing rate of per diem wages as determined by the Director of the California Department
of Industrial Relations, the accepted Bid and Bid Schedule(s), List of Subcontractors, Local
Business Preference Program – Good Faith Efforts, Non-Discrimination Certification, Non-
Collusion Declaration, Bidder's General Information, Bid Security or Bid Bond, this
Agreement, Worker's Compensation Certificate, Performance Bond, Payment Bond,
Standard Specifications, Special Provisions, the Drawings, Addenda issued during bidding
(if any), and all Construction Contract Change Orders and Work Change Directives which
may be delivered or issued after the Effective Date of the Agreement and are not attached
hereto.
ARTICLE 5 -- MUTUAL OBLIGATIONS
For and in consideration of the payments and agreements to be made and performed by
the City, the Contractor agrees to furnish all materials and perform all work required for the
above stated project, and to fulfill all other obligations as set forth in the aforesaid Contract
Documents.
City hereby agrees to employ, and does hereby employ, Contractor to provide the
materials, complete the Work, and fulfill the obligations according to the terms and
conditions herein contained and referred to, for the Contract Price herein identified, and
hereby contracts to pay the same at the time, in the manner, and upon the conditions set
forth in the Contract Documents.
Contractor specifically acknowledges and agrees to be bound by the Wage Rates and
Item 1Q - 12
WWTP BLOCK WALL
CITY PROJECT NO. 21-11
OCTOBER 2021
AGREEMENT FORM
AGREEMENT AND BONDS - PAGE 3
Labor Code requirements specified in the Contract Documents, including the requirement
to furnish electronic certified payroll records directly to the Labor Commissioner (via the
Division of Labor Standards Enforcement), and shall pay the general prevailing rate of per
diem wages as determined by the Director of the Department of Industrial Relations of the
State of California.
ARTICLE 6 -- PAYMENT PROCEDURES
The Contractor shall submit Applications for Payment in accordance with the Standard
Specifications as amended by the Special Provisions. Applications for Payment will be
processed by the City Engineer as provided in the Contract Documents.
ARTICLE 7 -- NOTICES
All notices shall be in writing and either served by personal delivery or mailed to the other
party. Written notice to the Contractor shall be addressed to Contractor’s principal place
of business unless Contractor designates another address in writing for service of notice.
Notice to the City shall be addressed to the City as designated in the Notice Inviting Bids
unless the City designates another address in writing for service of notice. Notice shall be
effective upon receipt of five (5) calendar days after being sent by first class mail,
whichever is earlier. Notice given by facsimile shall not be effective unless acknowledged
in writing by the receiving party.
ARTICLE 8 -- INDEMNIFICATION
The Contractor agrees to indemnify and hold harmless the City, and all of its officers and
agents from any claims, demands, or causes of action, including related expenses,
attorney’s fees, and costs, based on, arising out of, or in any way related to the Work
undertaken by the Contractor hereunder. This Article 8 incorporates the provisions of
Section 7-15 “Indemnification,” of the Special Provisions, which are hereby referenced
and made a part hereof.
ARTICLE 9 -- PREVAILING WAGES
Contractor agrees to fully comply with all applicable federal and state labor laws
including, without limitation California Labor Code Section 1720, et seq., and 1770,
et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq.
("Prevailing Wage Laws"). Contractor shall bear all risks of payment or non-payment of
prevailing wages under California law, and Contractor hereby agrees to defend,
indemnify, and hold the City, its officials, officers, employees, agents and volunteers, free
and harmless from any claim or liability arising out of any failure or alleged failure to
comply with the Prevailing Wage Laws.
Contractor specifically acknowledges and agrees to be bound by the Wage Rates and
Labor Code requirements specified in the Contract Documents, including the requirement
to furnish electronic certified payroll records directly to the Labor Commissioner (via the
Division of Labor Standards Enforcement), and shall pay the general prevailing rate of
per diem wages as determined by the Director of the Department of Industrial Relations
of the State of California.
Item 1Q - 13
WWTP BLOCK WALL
CITY PROJECT NO. 21-11
OCTOBER 2021
AGREEMENT FORM
AGREEMENT AND BONDS - PAGE 4
ARTICLE 10 -- CONFLICT OF INTEREST
Contractor acknowledges that no officer or employee of the City has or shall have any
direct or indirect financial interest in this Agreement nor shall Contractor enter into any
agreement of any kind with any such officer or employee during the term of this
Agreement and for one (1) year thereafter. Contractor warrants that Contractor has not
paid or given, and will not pay or give, any third party any money or other consideration
in exchange for obtaining this Agreement.
ARTICLE 11-- NON-DISCRIMINATION
In connection with its performance under this Agreement, Contractor shall not discriminate
against any employee or applicant for employment because of actual or perceived race,
religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin,
immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation,
gender identity, gender expression, physical or mental disability, or medical condition (each
a “prohibited basis”). Contractor shall ensure that applicants are employed, and that
employees are treated during their employment, without regard to any prohibited basis. As
a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this
Agreement, Contractor certifies that its actions and omissions hereunder shall not
incorporate any discrimination arising from or related to any prohibited basis in any
Contractor activity, including but not limited to the following: employment, upgrading,
demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of
pay or other forms of compensation; and selection for training, including apprenticeship;
and further, that Contractor is in full compliance with the provisions of Palm Springs
Municipal Code Section 7.09.040, including without limitation the provision of benefits,
relating to non-discrimination in city contracting.
ARTICLE 12 -- MISCELLANEOUS
Terms used in this Agreement which are defined in the Standard Specifications and the
Special Provisions will have the meanings indicated in said Standard Specifications and the
Special Provisions. No assignment by a party hereto of any rights under or interests in the
Contract Documents will be binding on another party hereto without the written consent of
the party sought to be bound; and specifically, but without limitation, monies that may
become due and monies that are due may not be assigned without such consent (except
to the extent that the effect of this restriction may be limited by law), and unless specifically
stated to the contrary in any written consent to an assignment, no assignment will release
or discharge the assignor from any duty or responsibility under the Contract Documents.
The City and the Contractor each binds itself, its partners, successors, assigns, and legal
representatives, to the other party hereto, its partners, successors, assigns, and legal
representatives, in respect of all covenants, agreements, and obligations contained in the
Contract Documents.
Each and every provision of law required to be included in these Contract Documents shall
be deemed to be included in these Contract Documents. The Contractor shall comply with
all requirements of applicable federal, state and local laws, rules and regulations, including,
but not limited to, the provisions of the California Labor Code and California Public
Contract Code which are applicable to this Work.
Item 1Q - 14
WWTP BLOCK WALL
CITY PROJECT NO. 21-11
OCTOBER 2021
AGREEMENT FORM
AGREEMENT AND BONDS - PAGE 5
IN WITNESS WHEREOF, the City and the Contractor have caused this Agreement to be
executed the day and year first above written.
CITY OF PALM SPRINGS,
CALIFORNIA
By
Justin Clifton
City Manager
ATTEST:
By
Anthony Mejia
City Clerk
APPROVED AS TO FORM:
By
Jeffrey S. Ballinger
City Attorney
RECOMMENDED:
By
Joel Montalvo, P.E.
City Engineer
APPROVED BY THE CITY COUNCIL:
Date
Agreement No.
Item 1Q - 15
WWTP BLOCK WALL
CITY PROJECT NO. 21-11
OCTOBER 2021
AGREEMENT FORM
AGREEMENT AND BONDS - PAGE 6
CONTRACTOR
By:
Firm/Company Name
By:
Signature (notarized)
By:
Signature (notarized)
Name:_ Name:_
Title:_ Title:_
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of
that document.
(This Agreement must be signed in the above
space by one having authority to bind the
Contractor to the terms of the Agreement.)
State of )
County of )ss
(This Agreement must be signed in the above space
by one having authority to bind the Contractor to the
terms of the Agreement.)
State of )
County of )ss
On
before me,
personally appeared
who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies),
and that by his/her/their signatures(s) on the
instrument the person(s), or the entity upon behalf
of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Notary Signature:
Notary Seal:
On
before me,
personally appeared
who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies),
and that by his/her/their signatures(s) on the
instrument the person(s), or the entity upon behalf
of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Notary Signature:
Notary Seal:
Item 1Q - 16