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HomeMy WebLinkAboutContract 47649 CITY SECRETAW CONTRACT NO. WWI CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality (the "CITY"), and Halff Associates, Inc., authorized to do business in Texas, an independent contractor("Consultant"),for a PROJECT generally described as: White Settlement Road and Silver Ridge Boulevard Intersection Improvements. Article I Scope of Services (1) Consultant hereby agrees to perform as an independent contractor the services set forth in the Scope of Services attached hereto as Attachment "A". These services shall be performed in connection with the White Settlement Road and Silver Ridge Boulevard Intersection Improvements. (2) Additional services, if any, will be requested in writing by the City. City shall not pay for any work performed by Consultant or its subconsultants, subcontractors and/or suppliers that has not been ordered in writing. It is specifically agreed that Consultant shall not be compensated for any alleged additional work resulting from oral orders of any person. Article II Compensation Consultant shall be compensated in accordance with the Fee Schedule shown in Attachment "B". Payment shall be considered full compensation for all labor, materials, supplies, and equipment necessary to complete the services described in Attachment "A". However, the total fee paid by the City shall not exceed a total of $41,295.00 unless the City and the Consultant mutually agree upon a fee amount for additional services and amend this Agreement accordingly. The Consultant shall provide monthly invoices to the City. Payment for services rendered shall be due within thirty(30) days of the uncontested performance of the particular services so ordered and receipt by City of Consultant's invoice for payment of same. Acceptance by Consultant of said payment shall operate as and shall release the City from all claims or liabilities under this Agreement for anything related to, done, or furnished in connection with the services for which payment is made, including any act or omission of the City in connection with such services. City of Fort worth,Texas OFFICIAL RECORD Standard Agreement for Professional Services Revision Date:9/24/2074 Page 7 of 8 CITY SECRETARY FT.WORTH,TX Article III Term Unless terminated pursuant to the terms herein, this Agreement shall be for a term of one year, beginning upon the date of its execution, or until the completion of the subject matter contemplated herein, whichever occurs first. Article IV Independent Contractor Consultant shall operate hereunder as an independent contractor, and not as an officer, agent, servant, or employee of the City. Consultant shall have exclusive control of and the exclusive right to control the details of its work to be performed hereunder and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors. The doctrine of respondent superior shall not apply as between City and Consultant, its officers, agents, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership or joint venture between City and Consultant. Article V Professional Competence and Indemnification (1) Work performed by Consultant shall comply in all aspects with all applicable local, state and federal laws and with all applicable rules and regulations promulgated by the local, state and national boards, bureaus and agencies. Approval by the City shall not constitute or be deemed to be a release of the responsibility and liability of Consultant or its officers, agents, employees, contractors and subcontractors for the accuracy and competency of its services performed hereunder. (2) In accordance with Texas Local Government Code Section 271.904, the Consultant shall indemnify, hold harmless, and defend the City against liability for any damage caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by the Consultant or Consultant's agent, consultant under contract, or another entity over which the Consultant's exercises control. City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:912412014 Page 2 of 8 Article VI Insurance (1) Consultant shall not commence work under this Agreement until it has obtained all insurance required under this Article and the City has approved such insurance, nor shall Consultant allow any subcontractor to commence work on its subcontract until all similar insurance of the subcontractor has been so obtained and approval given by the City; provided, however, Consultant may elect to add any subconsultant as an additional insured under its liability policies. Commercial General Liability $1,000,000 each occurrence $1,000,000 aggregate Automobile Liability $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). Coverage shall be on any vehicle used in the course of the Project. Worker's Compensation Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee (2) Additional Insurance Requirements a. Except for employer's liability insurance coverage under Consultant's worker's compensation insurance policy, the City, its officers, employees and servants shall be endorsed as an additional insured on Consultant's insurance policies. b. Certificates of insurance shall be delivered to the Transportation and Public Works Department, Attention: Lissette Acevedo, 1000 Throckmorton Street, Fort Worth, TX 76102, prior to commencement of work. c. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. d. Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation, non-renewal, and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. e. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:9/24/2014 Page 3 of 8 f. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. g. Workers' compensation insurance policy(s) covering employees employed on the Project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. h. City shall not be responsible for the direct payment of insurance premium costs for Consultant's insurance. i. Consultant's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. j. In the course of the Agreement, Consultant shall report, in a timely manner, to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. k. Consultant's liability shall not be limited to the specified amounts of insurance required herein. I. Upon the request of City, Consultant shall provide complete copies of all insurance policies required by these Agreement documents. Article VII Transfer or Assignment City and Consultant each bind themselves, and their lawful successors and assigns, to this Agreement. Consultant, its lawful successors and assigns, shall not assign, sublet or transfer any interest in this Agreement without prior written consent of the City. Article VIII Termination of Contract (1) City may terminate this Agreement for its convenience on 30 days' written notice. Either the City or the Consultant for cause may terminate this Agreement if either Party fails substantially to perform through no fault of the other and does not commence correction of such nonperformance with 5 days of written notice and diligently complete the correction thereafter (2) If City chooses to terminate this Agreement under Article 8, upon receipt of notice of City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:9/24/2014 Page 4 of 8 termination, Consultant shall discontinue services rendered up to the date of such termination and City shall compensate Consultant based upon calculations in Article 2 of this Agreement and Exhibit "B" attached hereto and incorporated herein. (3) All reports, whether partial or complete, prepared under this Agreement, including any original drawings or documents, whether furnished by the City, its officers, agents, employees, consultants, or contractors, or prepared by Consultant, shall be or become the property of the City, and shall be furnished to the City prior to or at the time such services are completed, or upon termination or expiration of this Agreement. Article IX Right to Audit (1) Consultant agrees that the City shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of Consultant involving transactions relating to this Agreement. Consultant agrees that the City shall have access during normal working hours to all necessary facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give Consultant reasonable advance notice of intended audits. (2) Consultant further agrees to include in all its subcontracts hereunder, a provision to the effect that the subcontracting consultant agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and records of such sub-consultant, involving transactions to the subcontract, and further, that City shall have access during normal working hours to all sub- consultant facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article. City shall give Consultant and any sub-consultant reasonable advance notice of intended audit. (3) Consultant and sub-consultants agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Consultant for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:9/24/2014 Page 5 of 8 Article X Minority Business and Small Business Enterprise (MBE)(SBE) Participation In accordance with the City's Business Diversity Enterprise Ordinance No. 20020-12-2011, as amended, the City has goals for the participation of minority business enterprises and/or small business enterprises in City contracts. Consultant acknowledges the MBE and SBE goals established for this Agreement and its accepted written commitment to MBE and SBE participation. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Consultant may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. Article XI Observe and Comply Consultant shall at all times observe and comply with all federal, state, and local laws and regulations and with all City ordinances and regulations which in any way affect this Agreement and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. Consultant agrees to defend, indemnify and hold harmless City and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. Form 1295 Certification No. Article XII Venue and Jurisdiction If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. Article XIII Contract Construction The Parties acknowledge that each party and, if it so chooses, its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:9/24/2014 Page 6 of 8 interpretation of this Agreement or any amendments or exhibits hereto. Article XIV Severability The provisions of this Agreement are severable, and if any word, phrase, clause, sentence, paragraph, section or other part of this Agreement or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Agreement and the application of such word, phrase, clause, sentence, paragraph, section, or other part of this Agreement to other persons or circumstances shall not be affected thereby and this Agreement shall be construed as if such invalid or unconstitutional portion had never been contained therein. Article XV Notices Notices to be provided hereunder shall be sufficient if forwarded to the other Party by hand-delivery or via U.S. Postal Service certified mail return receipt requested, postage prepaid, to the address of the other Party shown below: City of Fort Worth Attn: Lissette Acevedo 1000 Throckmorton Street Fort Worth, Texas 76102 Consultant: Halff Associates, Inc. Attn: Ben McGahey 4000 Fossil Creek Boulevard Fort Worth, Texas 76137 Article XVI Headings The headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Agreement City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date 9/24/2014 Page 7 of 8 Article XVII Counterparts This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. Executed and effective this the day of �12016. BY: BY: CITY OF FORT WORTH ENGINEER Halff Associates, Inc. Fernando Costa enjamin L. Mc a ey Assistant City Manager Senior Project Manager Date: 1 /� Date: APPROVAL RECOMMENDED: By: 4w U DouglasjV.Wiersig, P.E. Director, Transportation and Public Works Department APPROVED AS TO FORM AND LEGALITY M&C No.: �/� By: M&C Date: Douglas W. Black Assistant City Attorney ATTEST: FO A. 0 Wry J. K >o;� City Secret $ %00000000 D� S City of Fort Worth,Texas rOFFICIAL RECORD Standard Agreement for Professional Services SECRETARY Revision Date:9/24/2014 Page 8 of 8 WORTH,TX ATTACHMENT "A" Scope for Engineering Design Related and Construction Phase Services for White Settlement Road and Silver Ridge Boulevard Intersection Improvements The scope set forth herein defines the work to be performed by the ENGINEER in completing the project. Both the CITY and ENGINEER have attempted to clearly define the work to be performed and address the needs of the Project. OBJECTIVE The objective of this project is to provide construction phase services for the construction of the White Settlement Road and Silver Ridge Boulevard Intersection Improvements project. WORK TO BE PERFORMED TASK 1. CONSTRUCTION PHASE SERVICES. ENGINEER will support the construction phase of the project as follows. 1.1 Weekly Site Visits a. ENGINEER will visit the site on a weekly basis to observe construction activities. 1.2 Construction Progress Meetings a. ENGINEER will schedule and conduct construction progress meetings to be held every two (2)weeks on-site. 1.3 Road Closures a. ENGINEER will prepare the M&C for any road closures exceeding ten (10) days. 1.4 Public Outreach a. ENGINEER will meet with concerned citizens as needed. 1.5 RFI Coordination a. ENGINEER will review Requests for Information (RFIs) add and provide recommendations to the city project manager for a response and coordinate with the appropriate Project Delivery Team members. 1.6 Plan Revisions a. The ENGINEER will revise plans as needed per CITY approved change orders. 1.7 Inter-Departmental Coordination a. ENGINEER will coordinate with city departments as necessary. 1.8 External Agency Coordination a. ENGINEER will coordinate with involved external agencies as needed. 1.9 Council /CMO Coordination City of Fort Worth,Texas Attachment A PMO Release Date:07.23.2012 Page 1 of 3 a. ENGINEER will coordinate with the City Council and CMO as necessary. 1.10 BuzzSaw and One Note Updates a. ENGINEER will update the BuzzSaw and One Note folders. 1.11 Scheduling a. ENGINEER will update the Project schedule as necessary for the monthly dashboard updates and communicate with the city's Project Controls Specialist. 1.12 Field Changes a. ENGINEER will meet with the Project Delivery Team on-site to review any field changes and provide recommendations to the city project manager for approval/rejections of proposed field change. 1.13 Material Testing a. ENGINEER will coordinate with the material testing company and the City to ensure material testing is completed. 1.14 Proi ct Acceptance a. ENGINEER will coordinate with the city project engineer to obtain all necessary information and documents to close out project. ASSUMPTIONS • Fifteen (15) site visits are assumed. • City forces will be constructing the project. Therefore, no submittals nor change orders are assumed. • Ten (10) RFI's are assumed. • CITY staff will perform the following tasks: — Construction — Inspection services — Material testing DELIVERABLES A. Response to Request for Information B. Final Punch List items ADDITIONAL SERVICES NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES Additional Services not included in the existing Scope of Services — CITY and ENGINEER agree that the following services are beyond the Scope of Services described in the tasks above. However, ENGINEER can provide these services, if needed, upon the CITY's written request. Any additional amounts paid to the ENGINEER as a result of any material change to the Scope of the Project shall be City of Fort Worth,Texas Attachment A PMO Release Date:02.06.2015 Page 2 of 3 agreed upon in writing by both parties before the services are performed. These additional services include the following: • Negotiation of easements or property acquisition. • Services related to development of the CITY's project financing and/or budget. • Services related to disputes over pre-qualification, bid protests, bid rejection and re-bidding of the contract for construction. • Construction management and inspection services • Performance of materials testing or specialty testing services. • Services necessary due to the default of the Contractor. • Services related to damages caused by fire, flood, earthquake or other acts of God. • Services related to warranty claims, enforcement and inspection after final completion. • Services to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. • Performance of miscellaneous and supplemental services related to the project as requested by the CITY. City of Fort Worth,Texas Attachment A PMO Release Date:02.06.2015 Page 3 of 3 ATTACHMENT B COMPENSATION Work Authorization Design Services for White Settlement Road and Silver Ridge Boulevard Intersection Improvements City Project No. 02541 Time and Materials with Rate Schedule Project I. Compensation a. The ENGINEER shall be compensated for personnel time, non-labor expenses, and subcontract expenses in performing services for Task Order No. 1 up to $41,295.00 unless amended. CITY and ENGINEER will agree upon compensation for Task Order No. 1 prior to starting work. Task Order No. 1 shall be Time and Materials. i. Personnel Time. Personnel time shall be compensated based upon hours worked directly in performing the PROJECT multiplied by the appropriate Labor Category Rate for the ENGINEER's team member performing the work and includes all direct salaries,overhead, and profit. Labor Category Rate as presented in the rate schedule table below is the rate for each labor category performing the work and includes all direct salaries, overhead, and profit. LABOR CATEGORY *RATE ($/HOUR) (2015-2016) QA/QC Principal $307 Project Director $285 Project Manager $200 Sr. Project Engineer $157 Project Engineer $140 Sr.Traffic Engineer $251 Traffic Engineer $168 EIT $103 Engineering Intern $55 Sr. CADD $120 GIS/CADD $110 Administrative Assistant $80 Professional Land Surveyor(RPLS) $145 Survey Technician $102 Field Surveyor $60 *The above rates are valid for a twelve month period commencing on City execution of the contract. All rates are subject to annual adjustment which will be submitted to City for review no later than thirty (30) days prior to such escalation becomes effective. II. Non-Labor Expenses. Non-labor expenses shall be reimbursed as Direct Expenses at invoice or internal office cost. City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 1 of 4 B-1 ATTACHMENT B COMPENSATION Direct Expenses (Non-labor) include, but are not limited to, mileage, travel and lodging, expenses, mail, supplies, printing and reproduction services, other direct expenses associated with delivery of the work; plus applicable sales, use, value added, business transfer,gross receipts,or other similar taxes. 111. Subcontract Expenses. Subcontract expenses and outside services shall be reimbursed at cost to ENGINEER plus a markup of ten percent(10%). IV. Budgets. ENGINEER will make reasonable efforts to complete the work within the budget and will keep the City informed of progress toward that end so that the budget or work effort can be adjusted if found necessary. ENGINEER is not obligated to incur costs beyond the indicated budgets, as may be adjusted, nor is the City obligated to pay ENGINEER beyond these limits. If ENGINEER projects, in the course of providing the necessary services that the PROJECT cost presented in Article 2 of this Agreement will be exceeded, whether by change in scope of the project, increased costs or other conditions, the ENGINEER shall immediately report sitcb fact to the City and, if so instructed by the City,shall suspend all work hereunder. When any budget has been increased, ENGINEER'S excess costs expended prior to such increase will be allowable to the same extent as is such costs had been incurred after the approved increase. The Engineer shall be paid monthly payments as described in Section II — Method of Payment. V. Method of Payment a. The ENGINEER shall be paid by the City based upon an invoice created on the basis of statements prepared from the books and records of account of the ENGINEER, based on the actual hours and costs expended by the ENGINEER in performing the work. b. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. c. ENGINEER shall prepare and submit invoices in the format and including content as presented in Exhibit B-1. d. Payment of invoices will be subject to certification by the City that such work has been performed. VI. Progress Reports. The ENGINEER shall prepare and submit to the designated representative of the Transportation and Public Works Department monthly progress reports and schedules in the format required by the City. City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 2 of A B-2 ATTACHMENT B COMPENSATION VII.A Summary of Task Order No. 1 fees are listed in the following table. I. Summary of Task Order No. 1 Fees Firm Primary Responsibility Fee Amount Prime Consultant Halff Associates, Inc. Task Order No. 1 — $41,295.00 100% Construction Phase Services Proposed MBE/SBE Sub-Consultants Non-MBE/SBE Consultants TOTAL $41,295.00 100% Project Number& Name Total Fee MBE/SBE Fee MBE/SBE White Settlement& Silver Ride $41,295.00 $0.00 0% City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 3 of 4 B-3 EXHIBIT "B-1" ENGINEER INVOICE (Supplement to Attachment B) Insert required invoice format following this page, including negotiated total budget and allocations of budgets across desired work types and work phases. City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 4 of 4 B-4 Professional Services Payment Request Project Manager: Pr Summary Project: City Project#: City Sec Number: Consultant Instructions: Fill In green cells Including Invoice Number,From and To Dates and the Included worksheets. Company Name: When your Invoice Is complete,save and close,start Buzzsaw and Add your Invoice to the Consultant folder within Project's folder. Consultant's PM: email: Vendor Invoice#: Office Address:office address Payment Request#: Telephone: telephone From Date: Fax: fax To Date: Invoice Date: Remit Address:remit address Agreement Agreement Amendment Amount to Amount Percent (S)Invoiced Current Remaining Sheet FAC and Work Type Description Amount Amount Date Spent Spent Previously Invoice Balance Work Type 7 Work Type 2 Work Type 3 WorkT e 4 Work T e 6 Work Type 6 Totals This Payment Request Overall Percentage Spent: telep fax address �I'1VOIC@ OffioB address 7."k address Consultant Project No. CFlN Project Manager Proj.Invoice No. Invoice date: Consultants Project Manager._ Consultants email: Period From Date To Date Name of Project City Secretary Contract M P.O.Number: Labor Cateaory Name H. . Rate Whirl Arnoun Project Manager(example) $0.00 Senior Engineer(example) $0.00 Engineer(example) $0.00 Junior Engineer(example) $0.00 CAD Tedinician(example) $0.00 Adminstrative Support exam ie $0.00 etc $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total Labor 0.0 $0.00 Subcontract Service Subcontract Service-<t example- Subcontract Service..<2 exam le> etc Subcontractor Subtotal $0.00 10 Percent Markup on Subcontract Services $0.00 Nonlabor Ex ense Nonlabor Expense Subtotal $0.00 Total Expenses(Subcontract Services+Markup+Nonlabor Expenses) $0.00 TOTAL DUE THIS INVOICE $0.00 Professional Services Payment Request Project Manager: Project: City Project#: Work Type Desc: Consultant Instructions: FIA/C: City Sec Number: Fill in green cells including Percent Complete and Invoiced Previously Quanities Purchase Order: When your Invoice Is complete,save and close,start Buzzaaw and Add your Invoice to the Consultant folder within Project's folder. Company Name: Consultant's PM: email: Vendor Invoice#: Office Address:once address Payment Request#: Telephone: telephone From Date: Fax: fax To Date: Invoice Date: Remit Address:remit address Pay Items Agreement Agreement Amendment Amendment Amount to Amount Percent (S)Invoiced Current Remaining Description Amount Number Amount Date S-ent Sent Previously Invoice Balance Totals This Unit: Overall Percentage Spent: Level of Effort Spreadsheet TASKIHOUR BREAKDOWN Design Services for White Settlement Road and Silver Ridge Blvd Intersection Improvements City Project No. 02541 Labor hours Expense Task No. Task Description Project Project EIT Total Labor Total Expense Task Sub Total Manager En meer Cost Travel Reproduction Cost Rate $200 $160 $100 1.0 Construction Phase Services 89 117 40 s40 520 $575 $200 $775 $41,29i 1.1 Weekly Site Visits 45 45 $16,200 $500 $500 $16,700 1.2 Construction Progress Meetings 241 24 $8,640 $75 $75 $8,715 1.5 RFI 20 $3,200 $0 $3,200 1.6 Plan Revisions 8 40 $5,280 $200 $200 $5,480 1.7-1.9 Coordination 20 20 $7,200 $0 $7,200 $0 $0 $0 Totals 89 117 401 405201 6751 2001 7751 41295 Project Summa Total Hours 246 Total Labor $40,520 Total Expense $775 MBE/SBE Subconsultant $0 Non-MBE/SBE Subconsultant $0 5% Sub Markup $0.00 MBE/SBE Participation 0.0% Total Project Cost $41,295 City of Fort Worth,Texas Attachment B-Level of Effort Supplement PMO Official Release Date:8.09.2012 1 of 1