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HomeMy WebLinkAbout7/1/2009 - STAFF REPORTS - 2.F. ��F p ALM SA, ry � c V u+ A y . °n owna.o Cg4IFOR��p City Council Staff Report Date: July 1, 2009 CONSENT CALENDAR Subject: AWARD OF CONTRACT FOR THE BARISTO ROAD AT PALM SPRINGS HIGH SCHOOL TRAFFIC SIGNAL INSTALLATION, (CITY PROJECT 07-13) From: David H. Ready, City Manager Initiated by: Public Works and Engineering Department SUMMARY A new traffic signal on Baristo Road at the Palm Springs High School is warranted on the basis of high volumes of pedestrian activity during the morning, at lunch, and in the afternoon as students enter or leave campus. Award of this contract will allow staff to proceed with this public project. RECOMMENDATION: 1) Approve Agreement No. in the amount of $162,136.00 with High-Light Electric, Inc., for the Palm Springs Highs School Traffic Signal Installation Project, (City Project 07-13); and 2) Authorize the City Manager to execute all necessary documents. STAFF ANALYSIS: The Public Works and Engineering Department included installation of a new traffic signal on Baristo Road at the Palm Springs High School / Palm Springs Mall intersection in the 2008/2009 fiscal year budget. In 1998, as part of the expansion of the Palm Springs High School, a traffic impact study was prepared which identified a need for a signalized pedestrian crossing on Baristo Road as a safe access for pedestrians coming to and from the High School. The Public Works Department conducted a traffic signal warrant evaluation for this traffic signal last year, and found that Warrant 4 — Pedestrian Volume, and Warrant 5 — School Crossing, were both satisfied. The California Manual of Uniform Traffic Control Devices (MUTCD) specifies that a traffic signal shall be installed when warranted. Therefore, the Public Works Department is recommending that, although the traffic signal is in close proximity to City Council Staff Report July 1, 2009 - Page 2 Baristo Road at PSHS Traffic Signal (CP07-13) Farrell Drive, its necessity is demonstrated by the warrants verified on the basis of pedestrian volumes and school crossing justifications. In order to ensure that the traffic signal crossing would be utilized by students, the Public Works Department installed a striped cross-walk at the intersection. Subsequently, staff coordinated with the High School administration to ensure the students' use of the cross-walk would be enforced. In recent conversations with High School administrators, staff has confirmed that the High School is enforcing the students' use of the crosswalk with great success. Staff has also verified its use which is documented in the following picture: y ``,� 1 , "� ,y'y y� `^...r... 1, end Y'`{''. i' f..^�[•�.r ti In the current condition, students cross Baristo Road in the striped cross-walk without the additional protection of a signalized crossing which directs through traffic to stop. As seen in the picture, vehicles are forced to stop by the very fact that a high volume of pedestrians are crossing the street; the traffic signal will ensure that vehicles appropriately stop for pedestrians. The traffic signal will also promote better traffic flow during peak hours by preventing students from crossing Baristo Road when they choose, requiring students to wait for the appropriate pedestrian phase of the traffic signal to cycle for their use. In the event students jay-walk against traffic, High School administrators have assured staff that they will pursue jay-walking infractions and ensure students cross Baristo Road safely at the appropriate time. City Council Staff Report July 1, 2009 - Page 3 Baristo Road at PSHS TrafFC Signal (CP07-13) The traffic signal has been designed with protected/permissive signal phasing on Baristo Road. A protected/permissive signal is one that has a five-section vehicle head on the signal mast arm, shown at right below, and has a five-section vehicle head on the far pole, shown at left below: R Y w v c; This type of signal phasing allows traffic to move through the intersection more efficiently, giving left-turning vehicles a "permissive" movement, allowing the turn when there are no opposing vehicles. In a true "protected" phase, a vehicle must wait for the green arrow to make the movement, whether or not there is opposing traffic. On May 27, 2009, the City Council approved the plans, specifications, and working details, and authorized bidding of this project. On May 30 and June 6, 2009, the project was advertised for bids, and at 2:00 P.M. on June 30, 2009, the Procurement and Contracting Manager received construction bids from the following contractors: 1. High-Light Electric, Inc.; Riverside, CA; $162,136 2. CMV Electric, Inc.; Upland, CA; $165,000 3. Pouk & Steinle, Inc.; Riverside, CA; $167,900 4. PTM General Engineering Services, Inc.; Riverside, CA; $172,172 5. Sierra Pacific Electrical Contracting, Inc.; Riverside, CA, $174,000 6. DBX, Inc.; Temecula, CA; $182,287 7. Christopher R. Morales, Inc.; San Dimas, CA; $189,980 8. Brudvik, Inc.; Palm Springs, CA; $192,940 9. Matt Gardner Construction, Inc.; Ontario, CA; $196,827 10. Zeus Construction Co.; Palm Desert, CA; $197,850 "Non Responsive" 11. Lekos Electric, Inc.; El Cajon, CA; $198,000 Local Business Preference Compliance Section 7.09.030 of the Palm Springs Municipal Code, "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; submission of goad faith efforts is required. Of the 10 responsive bids received, only one is from a prime contractor located within the Coachella Valley (Brudvik, Inc.). Brudvik, Inc., in addition City Council Staff Report July 1, 2009- Page 4 Baristo Road at PSHS Traffic Signal (CP07-13) to being located in Palm Springs, identifies sub-contracted work with another Coachella Valley firm; however, the contract amount is $30,804 (or 19%) more than the low bid submitted by High-Light Electric, Inc. None of the lowest 7 bids received are from Coachella Valley firms, or identify sub-contractors from within the Coachella Valley. None of the bids received provided evidence of good faith efforts to comply with the Local Business Preference Program. As this project is funded with Local Measure A funds which must be used to their greatest advantage, staff recommends that the City Council waive any informality of compliance with the Local Business Preference Program, and authorize award to the lowest, responsive bid received from a non-local business enterprise. The Engineer's Estimate was $194,000.00. The low bid was submitted by High-Light Electric, Inc., a California corporation, and its principal officer is Erwin Mendoza; President/Vice President/Secretary/Treasurer/CFO. FISCAL IMPACT: Funding for this project is available in Local Measure A account 134-4498-50262 (Traffic Signal Baristo). No local general funds are required for this project. Submitted: Q David J. Barakian Thomas J. Olson Director of Public Works/City Engineer Assistant City Manager David H. Ready _ City Manager Attachments: 1. Agreement AGREEMENT THIS AGREEMENT made this _ day of 200 , 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 High-Light Electric, Inc., a California corporation, 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 The Contractor shall complete the Work as specified or indicated under the Bid Schedule(s) of the City's Contract Documents entitled: BARISTO ROAD AT PALM SPRINGS HIGH SCHOOL TRAFFIC SIGNAL, INSTALLATION CITY PROJECT NO. 07-13 The Work comprises the installation of a new traffic signal and electrical system complete, with associated improvements at the intersection of Baristo Road and main entrance to the Palm Springs High School; traffic striping and signage; removal and replacement, and construction of various concrete improvements, and all appurtenant work. 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. They 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 of $750 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. BARISTO ROAD AT PSHS TRAFFIC SIGNAL INSTALLATION CITY PROJECT NO 07-13 AGREEMENT FORM 5119/00 AGREEMENT AND BONDS-PAGE 1 ARTICLE 3 -- CONTRACT PRICE $162,136.00 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 and Bid Schedule(s), 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, Non-collusion Affidavit, 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 numbers No. 01 to No. 02 , inclusive, and all 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 -- 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 Engineer or the City as provided in the Contract Documents. ARTICLE 6 -- NOTICES Whenever any provision of the Contract Documents requires the giving of a written Notice, it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the Notice. ARTICLE 7 -- 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. BARISTO ROAD AT PSHS TRAFFIC SIGNAL INSTALLATION CITY PROJECT NO 07-13 AGREEMENT FORM 5/1 W09 AGREEMENT AND BONDS-PAGE 2 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. IN WITNESS WHEREOF, the City and the Contractor have caused this Agreement to be executed the day and year first above written. ATTEST: APPROVED BY THE CITY COUNCIL: CITY OF PALM SPRINGS, CALIFORNIA Date By City Clerk Agreement No. APPROVED AS TO FORM: By City Attorney Date CONTENTS APPROVED: By City Engineer Date By City Manager Date BARISTO ROAD AT PSHS TRAFFIC SIGNAL INSTALLATION CITY PROJECT NO.07-13 AGREEMENT FORM 5/19/09 AGREEMENT AND BONDS-PAGE 3 Corporations require two notarized signatures: One signature must be from Chairman of Board, President, or any Vice President. The second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer CONTRACTOR: Name: High-Light Electric, Inc. Check one:_Individual_Partnership X Corporation Address: 7000 Juruoa Ave. Riverside, CA 92504 By: By- Signature (notarized) Signature (notarized) Name- Name: Title: Title: (This Agreement must be signed in the above This Agreement must be signed in the above space by one of the following. Chairman of the space by one of the following. Secretary, Chief Board, President or any Vice President) Financial Officer or any Assistant Treasurer) State of ❑ State of u County of ❑ss County of Lss On On before me, before me, personally appeared personally appeared who proved to me on the basis of satisfactory who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and is/are subscribed to the within instrument and acknowledged to me that he/she/they executed acknowledged to me that helshe/they executed the same in his/her/their authorized capacity(ies), the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the of which the person(s) acted, executed the Instrument. instrument. I certify under PENALTY OF PERJURY under the I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing laws of the State of California that the foregoing paragraph is true and correct. paragraph Is true and correct. WITNESS my hand and official seal. WITNESS my hand and official seal. Notary Signature: Notary Signature: Notary Seal: Notary Seal: BARISTO ROAD AT PSHS TRAFFIC SIGNAL INSTALLATION AGREEMENT FORM CITY PROJECT NO,07-13 AGREEMENT AND BONDS-PAGE 4 5/19109 F ALM sp y V u+ e e° �A olnn °4<,F°RN�P City Council Staff Repo Date: July 1, 2009 CONSENT CALENDAR Subject: AWARD OF CONTRACT FOR THE BARISTO ROAD AT PALM SPRINGS HIGH SCHOOL TRAFFIC SIGNAL INSTALLATION, (CITY PROJECT 07-13) From: David H. Ready, City Manager Initiated by: Public Works and Engineering Department SUMMARY A new traffic signal on Baristo Road at the Palm Springs High School is warranted on the basis of high volumes of pedestrian activity during the morning, at lunch, and in the afternoon as students enter or leave campus. Award of this contract will allow staff to proceed with this public project. RECOMMENDATION: 1) Approve Agreement No. in the amount of $ with , for the Palm Springs Highs School Traffic Signal Installation Project, (City Project 07-13); and 2) Authorize the City Manager to execute all necessary documents. STAFF ANALYSIS: The Public Works and Engineering Department included installation of a new traffic signal on Baristo Road at the Palm Springs High School / Palm Springs Mall intersection in the 2008/2009 fiscal year budget. In 1998, as part of the expansion of the Palm Springs High School, a traffic impact study was prepared which identified a need for a signalized pedestrian crossing on Baristo Road as a safe access for pedestrians coming to and from the High School. The Public Works Department conducted a traffic signal warrant evaluation for this traffic signal last year, and found that Warrant 4 — Pedestrian Volume, and Warrant 5 — School Crossing, were both satisfied. The California Manual of Uniform Traffic Control Devices (MUTCD) specifies that a traffic signal shall be installed when warranted. Therefore, the Public Works Department is recommending that, although the traffic signal is in close proximity to ITEM NO. City Council Staff Report July 1, 2009 - Page 2 Baristo Road at PSHS Traffic Signal (CP07-13) Farrell Drive, its necessity is demonstrated by the warrants verified on the basis of pedestrian volumes and school crossing justifications. In order to ensure that the traffic signal crossing would be utilized by students, the Public Works Department installed a striped crosswalk at the intersection. Subsequently, staff coordinated with the High School administration to ensure the students' use of the cross-walk would be enforced. In recent conversations with High School administrators, staff has confirmed that the High School is enforcing the students' use of the cross-walk with great success. Staff has also verified its use which is documented in the following picture: �" �^�R•M^.� �rF.r in r:-IYL'C -_—� _ ..- .yLi =1r� --+F. V._ � i� In the current condition, students cross Baristo Road in the striped cross-walk without the additional protection of a signalized crossing which directs through traffic to stop. As seen in the picture, vehicles are forced to stop by the very fact that a high volume of pedestrians are crossing the street; the traffic signal will ensure that vehicles appropriately stop for pedestrians. The traffic signal will also promote better traffic flow during peak hours by preventing students from crossing Baristo Road when they choose, requiring students to wait for the appropriate pedestrian phase of the traffic signal to cycle for their use. In the event students jay-walk against traffic, High School administrators have assured staff that they will pursue jay-walking infractions and ensure students cross Baristo Road safely at the appropriate time. City Council Staff Report July 1, 2009 - Page 3 Baristo Road at PSHS Traffic Signal (CP07-13) The traffic signal has been designed with protected/permissive signal phasing on Baristo Road. A protected/permissive signal is one that has a five-section vehicle head on the signal mast arm, shown at right below, and has a five-section vehicle head on the far pole, shown at left below: R R 1' W Y Y f� This type of signal phasing allows traffic to move through the intersection more efficiently, giving left-turning vehicles a "permissive" movement, allowing the turn when there are no opposing vehicles. In a true "protected" phase, a vehicle must wait for the green arrow to make the movement, whether or not there is opposing traffic. On May 27, 2009, the City Council approved the plans, specifications, and working details, and authorized bidding of this project. On May 30 and June 6, 2009, the project was advertised for bids, and at 2:00 P.M. on June 30, 2009, the Procurement and Contracting Manager received construction bids from the following contractors: 1. 2. 3. 4. The Engineer's Estimate was $194,000.00. The low bid was submitted by , and its principal officers are FISCAL IMPACT: Funding for this project is available in Local Measure A account 134-4498-50262 (Traffic Signal Baristo). No local general funds are required for this project. City Council Staff Report May 6, 2009- Page 4 Palm Springs Stadium Re-Roofing Project(CP. 08-23) Submitted: David J. Barakian Thomas J. W son Director of Public Works/City Engineer Assistant City Manager David H. Ready City Manager Attachments: 1. Agreement AGREEMENT THIS AGREEMENT made this day of 200 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 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 The Contractor shall complete the Work as specified or indicated under the Bid Schedule(s) of the City's Contract Documents entitled: BARISTO ROAD AT PALM SPRINGS HIGH SCHOOL TRAFFIC SIGNAL INSTALLATION CITY PROJECT NO. 07-13 The Work comprises the installation of a new traffic signal and electrical system complete, with associated improvements at the intersection of Baristo Road and main entrance to the Palm Springs High School; traffic striping and signage; removal and replacement, and construction of various concrete improvements, and all appurtenant work. 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. They 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 of $750 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. BARISTO ROAD AT PSHS TRAFFIC SIGNAL INSTALLATION CITY PROJECT NO,07-13 AGREEMENT FORM 5/19109 AGREEMENT AND BONDS-PAGE i 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 and Bid Schedule(s)- 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, Non-collusion Affidavit, 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 numbers to , inclusive, and all 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 -- 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 Engineer or the City as provided in the Contract Documents. ARTICLE 6 -- NOTICES Whenever any provision of the Contract Documents requires the giving of a written Notice, it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the Notice. ARTICLE 7 -- 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. BARISTO ROAD AT PSHS TRAFFIC SIGNAL INSTALLATION CITY PROJECT NO 07-13 AGREEMENT FORM 5/19/09 AGREEMENT AND BONDS-PAGE 2 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. IN WITNESS WHEREOF, the City and the Contractor have caused this Agreement to be executed the day and year first above written. ATTEST: APPROVED BY THE CITY COUNCIL: CITY. OF PALM SPRINGS, CALIFORNIA Date By City Clerk Agreement No. APPROVED AS TO FORM: By City Attorney Date CONTENTS APPROVED: By City Engineer Date By City Manager Date BARISTO ROAD AT PSHS TRAFFIC SIGNAL INSTALLATION CITY PROJECT NO.07-13 AGREEMENT FORM 5/19/09 AGREEMENT AND BONDS-PAGE 3 Corporations require two notarized signatures: One signature must be from Chairman of Board, President, or any Vice President. The second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant Treasurer,or Chief Financial Officer. CONTRACTOR! Name: Check one. Individual—Partnership_Corporation Address: By: By: Signature (notarized) Signature (notarized) Name: Name: Title: Title (This Agreement must be signed in the above This Agreement must be signed in the above space by one of the following: Chairman of the space by one of the following: Secretary, Chief Board, President or any Vice President) Financial Officer or any Assistant Treasurer) State of a State of ❑ County of ❑ss County of 1_iss On On before me, before me, personally appeared personally appeared who proved to me on the basis of satisfactory who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and is/are subscribed to the within instrument and acknowledged to me that he/she/they executed acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the of which the person(s) acted, executed the instrument. instrument. I certify under PENALTY OF PERJURY under the I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing laws of the State of California that the foregoing paragraph Is true and correct, paragraph is true and correct. WITNESS my hand and official seal. WITNESS my hand and official seal. Notary Signature: Notary Signature: Notary Seal: Notary Seal: AGREEMENTFORM AGREEMENT AND BONDS-PAGE 4