HomeMy WebLinkAboutPayment 01-2 Westdale
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B A K, E R SF I E L 0
PUBLIC WORKS DEPARTMENT
MEMORANDUM
TO: Sharon Traynor, Accounting Clerk II
FROM: irþ Marian P. ¡¡haw, civil Engineer IV
DATE: July 9, 2003
SUBJECT: ASSESSMENTDISrRICT NO. 01-2 PAYMENT REQUEST
*******************************************************************
The City'has received a writteniequest from the developer that the improvements
referenced on the attached application for payment are complete and have been accepted
by the City. , >
AftertheCity's review on May 19,2002 ofthe documents including contracts, change
orders, paid invoicesand other documentation establishing the actual amount paid by the
developer. A City notice of completion was filed on May 14, 2003 but the Developer had
110t filed a notice of completion for hisTract which isa requirement of the acquisition
',)',,' agreement., The Developer recorded his . notice of completion on April 4, 2003 and gave
, tile City a mechanics lien guarantee dated July 7, 2003 allowing the City to now pay for the
improvements. Please find attached the application for payment of improvements for
Assessment District No. 01-2 and 'notice of completion, payment is authorized for the
following items:
1. Westdale Area Improvements, AD 01-2.
Appr()ved
Amount
Applicant's
Request
Payment No. 1
Amount
Tract No. 6038 On-site
$ 186,138.00
2. Totals
$ 186,138.00
$186,138.00
$ 186; 138.00
$ 186,138.00
$ 186,138.00
Send $ 186,138.00 to:
Soper Homes, Inc.
3434 Truxtun Avenue, Suite 160
Bakersfield, CA 93301
xc: Nelson Smith, Assistant F'inance Director
Bob Sherfy, Chief Assistant City Attorney
)
jas:S:\PROJECTS\ASMTDIS1\01-2\soperOl-2reimb.doc prepared Wednesday, July 9, 2003 !0:51AM
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IVendor No.
CLAIMANT'S NAME AND ADDRESS:
SOPER HOMES, INC.
3434 TRUXTUN AVENUE, STE. 160
BAKERSFIELD, CA 93301
CITY OF BAKERSFIELD
CLAIM VOUCHER
.--3
I certify that this claim is correct and valid, and is a proper
charge against the City Agency and account indicated.
(AUTHORIZED SIGNATURE OF CITY AGENCY)
Date:
7/10/2003
Initials of Preparer: ST
CITY DEPARTMENT:
PLEASE PROVIDE SHORT EXPLANATION OF PAYMENT:
Public Works
(IncludinQ Contract Number if Applicable)
ASSESSMENT DISTRICT NO. 01-2, WESTDALE AREA IMPROVEMENTS
Fund Dept.
Base
Element Pr~ect Ii
Comments on check stub
SECTION 72, PENAL CODE
Section 72, Presenting False Claims, Every person wilo with intent to defraud,
I ìnts for allowance or for payment to any state board or officer, or any
CVwl í~, town, city district, ward or village board or officer, authorized to allow
or pay the same if genuine, ~ny false or fraudulent claim, bill, account, voucher,
or writing, is guilty of a felonv,
670
4031
822
8041
Invoice Number
Amount
KEA61 0
186,138.00
VOUCHER TOTAL
$186.138.00
......"~ .
FINANCE DEPT. USE ONLY
Examined & Approved for Payment
Amount
MUNICIPAL BOND FINANCING
FOR LAND DEVELOPMENT
AND COMMUNITY FACILITIES
PROJECTS
Wilson & Associates
Ed Wilson
CIVIL ENGINEER
CE 23269
May 19, 2003
4221 WEST SIERRA MADRE, SUITE 201
FRESNO, CALIFORNIA 93722
OFFICE (559) 275-5445
FAX (559) 275-6613
)
29586
John Stinson/Marian Shaw
Public Works Department
City of Bakersfield
1501 Truxtun Avenue
Bakersfield, CA 93301
Re: City of Bakersfield Assessment District No, 01-2 - Westdale Area Acquisition Payment
Processing No. I
Dear John and Marian:
Wilson & Associates has been retained by the City of Bakersfield to review and process a
payment request for the improvements completed in the Westdale Area of AD 01-2, Based on
the original payment request submitted by Soper Homes, Inc, (the "Applicant") dated January 22,
2003, and the revised Application and Certification for Payment dated February 20,2003
(collectively referred to as the "Application"), we have come to the below-described conclusions
and recommendations regarding Acquisition Payment No.1 for the Westdale Area of AD 01-2.
Copies of the "Application and Certification for Payment" and supporting cover letter are
enclosed with this letter.
The improvements for which payment is requested in this Application represent all of the
improvements approved for acquisition per the AD 01-2 Engineer's Report for the Westdale
Area. As you confirmed on May 14, the City has issued and on May 5, 2003, submitted for
recording with the County Recorder a Notice of Completion and Acceptance of Work for TR
6038.
Also enclosed with this letter is a table entitled "Table I, Itemized Improvements and
Acquisition Costs Approved for Payment No. I in Westdale Area, City of Bakersfield
Assessment District No. 01-2" ("Table I") that presents an itemized comparison of the cost of
improvements to be acquired as they were estimated and shown on Exhibit B, Table B-II-G of
the AD 01-2 Engineer's Report which are the acquisition amounts funded by the AD 01-2
proceedings, the itemized amount paid by the Applicant for each item of work shown in the
Application and requested for payment by the Applicant, and in the Table I column entitled
"Approved Payment Per This Request" the amount for each item of work we recommend for
payment to the Applicant as the AD 01-2 Acquisition Price,
)
John Stinson/Marian Shaw
May 19,2003
Page Two
The total Acquisition Price recommended for payment to the Applicant for acquisition of all of
the completed AD 01-2 Westdale Area improvements per Payment Request No, 1 is
$186,138,00, all as itemized in the enclosed Table I and summarized below:
Improvement Acquisition
AD 01-2
Approved
Amount
Applicant's
Request
Recommended
Payment No. I
Amount
I. Westdale Area Improvements
Tract No. 6038 On-site Improvements
$ 186,138.00 $ 186,138.00 $ 186,138.00
2. Totals
$ 186,138.00 $ 186,138.00 $ 186,138.00
Based on the findings described below, and in accordance with the Application and the
correspondence described in the first two paragraphs of this letter, it is the recommendation of
our analysis that $186,138.00 be paid and that a checkfor that amount be made payable to
Soper Homes, Inc., as a payment pursuant to this Payment No.1 request.
As also described in Note I in Table 1, the above-summarized amount is also based on the
following finding:
The A.c. Pavement item for Tract No. 6038 on-site streets was not a part of the originally
approved scope of work for the Westdale Area in AD 01-2. However, based on the
savings in the items approved for acquisition in the Westdale Area, and upon their
completion, the City approved the use of the available savings to cover a portion of the
completed street pavement for Tract No. 6038 on-site streets, as requested by Soper
Homes, Inc.
Please call if you have any questions on the results of our analysis or the recommendations
presented herein for payment of the Acquisition Price.
Sincerely
âW~ ~
Ed Wilson Dejan Pavié
Wilson & Associates
enclosures
cc: Mike Soper
TABLE 1
ITEMIZED IMPROVEMENTS AND ACQUISITION COSTS APPROVED FOR PAYMENT NO.1
IN
WESTDALE AREA
CITY OF BAKERSFIELD ASSESSMENT DISTRICT NO. 01-2
Item
Item Description
ENGINEER'S REPORT ESTIMATE
Unit Total
Quantity Units Cost Cost
REQUESTED FOR PAYMENT
Unit Total
Quantity Units Cost Cost
WESTDALE AREA (TRACT NO. 6038)
A, TRACT NO. 6038 ON-SITE IMPROVEMENTS
a. STORM DRAIN IMPROVEMENTS
24" Storm Drain Line
Type A Catch Basin
Manhole
Outlet Structure
TOTAL STORM DRAIN IMPROVEMENTS
254 LF
1 EA
2 EA
1 EA
$12,700,00
$3,000,00
$4,400,00
$1,500.00
$21,600.00
1 LS 11785.00 $11,785.00 $11,785,00
1 EA 3000,00 $3,000,00 $3,000.00
2 EA 2000,00 $4.000.00 $4,000,00
1 EA 1500,00 $1,500,00 $1,500,00
$20,285.00 $20,285,00
1 LS 19275.00 $19,275.00 $19,275,00
1 LS 12650.00 $12,650.00 $12,650,00
3 EA 275,00 $825,00 $825,00
1 EA 500,00 $500.00 $500.00
$33,250.00 $33,250.00
LS 34210.80 $34,210,80 $34,210,80
LS 48121.25 $48,121.25 $48,121,25
LS 12696.90 $12,696,90 $12,696,90
LS 37574,05 $37,574.05 $37,574,05
$132,603.00 $132,603.00
$186,138.00 $186,138.00
Included in the above-listed items Included above
$186,138.00 $186,138.00
$0.00 $0,00
$0,00 $0,00
$0,00 $0,00
$0.00 $0,00
$0.00 $0,00
$0,00 $0,00
$0.00 $0,00
$0.00 $0.00
$186,138.00 $186,138.00
50,00
3000,00
2200,00
1500,00
b. SEWER IMPROVEMENTS
6" Sewer Line 1323 LF 15.00 $19,845,00
Standard Manhole 9 EA 1500,00 $13,500,00
Clean-out 3 EA 275,00 $825,00
Tie-in to Existing 1 EA 500,00 $500.00
TOTAL SEWER IMPROVEMENTS
$34,670.00
c. STREET IMPROVEMENTS
6" Curb & Gutter
Sidewalk
Cross Gutter
AC, Pavement (portion)
TOTAL STREET IMPROVEMENTS
5045 LF
17411 SF
2239 SF
N/A N/A
$55,495,00
$60,939,00
$13,434,00
N/A
$129,868.00
11,00
3.50
6.00
NIA
d. SUBTOTAL IMPROVEMENT COST
$186,138.00
$0.00
e. CONSTRUCTION CONTINGENCY
f, SUBTOTAL IMPROVEMENT COST AND CONTINGENCY
$186.138.00
g. INCIDENTAL COST
Design Engineering
Improvement Bonds
Construction Staking
Soils and Materials Testing and Report
Contractor Overhead
Plan Check
Site Inspection
TOTAL INCIDENTAL COST
$0,00
$0,00
$0,00
$0,00
$0,00
$0,00
$0,00
$0.00
h. TOTAL TRACT NO. 6038 ON-SITE IMPROVEMENTS,
CONTINGENCY, AND INCIDENTALS
$186,138.00
RECAPITULATION
WESTDALE AREA (TRACT NO. 6038 ON-SITE) IMPROVEMENTS
a, TOTAL APPROVED FOR PAYMENT PER FINAL ENGINEER'S REPORl $186,138.00
b, TOTAL APPROVED FOR PAYMENT NO, 1 (PER THIS REQUEST)
$186,138.00
c. TOTAL FUNDS AVAILABLE FOR PAYMENT AT A LATER DATE
$0,00
NOTE:
1, The AC, Pavement item for Tract No, 6038 on-site streets was not a part of the originally approved scope of work for the Westdale Area in AD 01-2. However,
based on the saving in the items approved for acquisition in the Westdale Area, and upon their completion, the City approved the use of
the available savings to cover a portion of the completed street pavement for Tract No, 6038 on-site streets, as requested by Soper Homes. Inc.
29586PY1WK4
05/19/2003
\
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SOPER HOMES, INC.
3434 TRUXTUN AVE. STE. 160
BAKERSFIELD, CA. 93301
661-631-8620 FAX 661-631-8625
February 20, 2003
City of Bakersfield
Public Works Department
ATT: John Stinson
1501 Truxtun Ave,
Bakersfield, CA. 93301
Dear John,
Please find enclosed our Application and Certificate for payment related to AD-O I-II.
Also included herein are the relevant invoices and copies of cancelled checks you have
requested.
I would like to bring three items on this Application to your attention.
1) In Category #1 Storm Drain Improvements in Table B-II-G of the Engineer's
report; the size of the storm drain was listed, in error, as 24". This may have
been true at the time this was prepared, however the City approved plans for
construction show, and we installed, 18" pipe for this storm drain. This is
correctly shown on Invoice # 5239 from Turman Construction. Therefore we
are requesting that this amount be paid per the actual cost and installation.
2) We have included from Invoice # 1054 from Mckenna Curb & Gutter
"Handicap Ramps" which are a portion of the sidewalk but listed as a separate
item by McKenna.
3) We are requesting that the savings from Category #1, #2 and #3 in the
amounts of $1,315.00, $1,420.00 and $34,839.05 respectively be paid as
shown in Item 3.D) NC $36,154.05.
Thank: you for your assistance in this application process and please feel free to contact
me if you have any further questions or concerns.
sincer
·~el T ¿
Soper Homes, Inc.
EXHIBIT "A "
APPLICATION AND CERTIFICATION FOR PAYMENT
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TO: (OWNERS) SOPER HOMES, INC. PROJECT: Assessment District 01-2
3434 1RUXTUN A VB.
STE. 160
BAKERSFIELD, CA 93301
ATTENTION: Marian Shaw
City of Bakersfield
1501 Truxtun Ave.
Bakersfield, CA 93301
PROCESS DATE: 2-19-03
CONTRACTOR: Soper Homes, Inc. PROJECT NO. W.C.
3434 Truxtun Ave.
Ste. 160
Bakersfield, CA 93301
OWNER'8 APPLICATION FOR PAYMENT
In accordance with the Acquisition Agreement, application for Payment is made for the following items of work.
Per Exhibit B, Table B-ll-G ofthe Engineer's Report:
1. Storm Drain Improvements
A. 18" Strom drain- Invoice #5239
B. Type A Catch Basin- Invoice #5239
C. Manhole- Invoice #5239
D. Outlet Structure- Invoice #5239
Total for acquisition in category
Original Amount from Table B-II-G
Savings
2. Sewer Improvements
A. 6" Sewer Line-Invoice #5239
B. Standard Manhole-Invoice #5239
C. Clean-out- Invoice # 5239
D. Tie-in to Existing- Invoice #5239
Sub Total
Original amount from Table B-II-G
Savings
Total for acquisition in category
3. Street Improvements
A. 6" Curb & Gutter
1) C & G items Invoice #1054
2) C & G items Invoice #1008
Sub Total
B. Sidewalk
1) Sidewalk items Invoice # 1054
C. Cross Gutters
1) X- Gutter items Invoice #1054
Sub Total
Original Amount from Table B-II-G
Savings From Category #3 Street Improvements
Savings From Category #1 Storm Drain
Savings From Category #2 Storm Drain
Total Savings All Categories
Additional work for acquisition in category
D. Portion of NC Tract 6038 Invoice #1
Total for acquisition in category
TotalAmount of this application
$11,785.00
$ 3,000.00
$ 4,000.00
$ 1.500.00
$20,285.00
<$21.600.00>
$ 1,315.00
$19,275.00
$12,650.00
$ 825.00
$ 500.00
$33,250.00
<$34,670.00>
$ 1,420.00
$33,250.00
$ 1,528.80
$32,682.00
$34,210.80
$48,121.25 ~
$12,696.90
$ 95,028.95 -
<$129,868.00>
$ 34,839.05
$ 1,315.00
$ 1.420.00
$ 37,574.05
$ 37,574.05.=. t'?J'l. (PD?
$131,183.00 \"
$186.138.00./
The above items of work are 100% complete, The above amounts are the actual cost for each item of work as outlined in Exhibit "B" of the
Engineer's Report. .
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Page 2
EXHIBIT "A "
APPLICATION AND CERTIFICATE FOR PAYMENT
TO: (OWNERS) Soper Homes, Inc.
3434 Truxtun Ave.
Ste. 160
Bakersfield, CA 93301
PROJECT: Assessment District 01-2
Storm Drain Improvements
Sewer Improvements
Street Improvements
PROCESS DATE: 11-22-02
ATTENTION: Marian Shaw
City of Bakersfield
1501 Truxtun Ave,
Bakersfield, CA 93301
CONTRACTOR: Soper Homes, Inc. PROJECT NO: W,c.
3434 Truxtun Ave.
Ste. 160
Bakersfield, CA 93301
ENGINEER'S CERTIFICATE FOR PAYMENT
In accordance with the Contract Document based on the
Observations and the data comprising the above certification,
The Engineer certifies to the Owner that the Work has
progress~d to the point indicated; that to the best of his
knowledge, information and belief, the quality of the Work
is in accordance with the Contract Document and that the /7 :MW
Contractor is entitled to payment of the AMOUNT CERTIFIED. ~,"" 'I i/..1
By t L Date:
Fred Porter RCE 33448
AMOUNT CERTIFIED $186,138.00
(Attach explanation if amount certified differs from
the amount applied for.)
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This certificate is not negotiable. The AMOUNT CERTIFIED
is payable only to the Contractor named herein. Insurance,
payment and acceptance of payment are without prejudice to
any rights of the Owner or Contractor under this Contract.
OWNERS' CERTIFICATION
Soper Homes, Inc. hereby certifies that the materials or services shown hereon were furnished to the City of Bakersfield:
that no part thereof has been paid; that the items of this claim are just and legal; that there is due the undersigned the amount
shown hereon.
PLEASE COMPLETE THIS INFORMATION
1CORDING REQUESTED BY
u,ld for the benefit of the
CITY OF BAKERSFIELD
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CITY OF BAKERSFIELD
CITY CLERK
1501 TRUXTUN AVENUE
BAKERSFIELD, CA 93301
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NOTICE OF COMPLETI C> N
AND
ACCEPTANCE OF WORK
(Work Within Public Right-o'F- VVay)
NOTICE IS GIVEN that work was completed on that certa in IJroject k
under~igned agency_ on DECEMBER 17, 2002, located SOUTH OF BR'M~~w,L~ 7foTARDACT 6038, for the
SOUTHPORT -WAY, and that said project was accepted by this agen x, AND WEST OF
!Jndersigned age:nçy own~ the following interest in said property described aTlo'v~~ (MhAtYf5, 2003. The
UTIl)rovements within the nght-of-way. . Ig ,:,0 -way and public
) ,
' The Contractor/Develo~er on said project was SOPER HONES ad'
Bakersfield Contract No. 02-152. Please refer to said contract number on ~" gg~t~ct .nu,!,ber is City of
said contract. The address of the undersigned agency is City Hall 1501 Truxtun xmcatlons relating to
California 93301. ' venue, BakersfIeld
,
I declare under penalty of perjury, under the laws of the State of California th t th
are true and correct to the best of my knowledge. ' a e contents herein
Executed on May 5,2003, at Bakersfield, California.
CITY OF ~~'RSFIE:~ '
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By f :EY'- .~'7Z-n
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R~JAS
Public Works Director
F ~ .~ m,""" r.'-"".r
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G"GROUPDAnCo",""o'OOWOClir£dOC CUP y
TICOR TITLE COMPANY OF CALIFORNIA
201 NEW STINE ROAD, SUITE 300
BAKERSFIELDf CA 93309
(661) 398-7100
Date: Monf Jul
7f 2003
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Our No: 139025-B
Your No:Tr. 6038
Soper Homes
3434 Truxtun
Bakersfieldf
Attention:
Avenue #160
CA 93301
Please find enclosed herewith items checked below:
PRELIMINARY REPORT
ALTA POLICY
CLTA POLICY
ALTA HOMEOWNERS POLICY
x Other Mechanics Lien
BY: KRISTY DUTY
Title Department
Order No.
Guarantee
Li3.bili ty
2'ee
139025-B
05 0125 030 00000264
$lfOOO.OO
$0.00
SCHEDULE A
Mechanicfs Lien Guarantee
1. NAME OF ASSURED:
THE CITY OF BAKERSFIELD
2. DATE OF GUARANTEE: July 7f 2003
f at 7:30 a.m.
The assurances referred to on the face page hereof are:
Thatf according to those public records which impart constructive notice
of matters relating to the title to the land described hereinf there are
:10,
Claims of statutory liens for labor or materials (other than such claims
for which a release appears in said records) f or
Notices of the pendency of action to foreclose such liensf
recorded subsequent to April 4, 2003 f which purports to affect said
said landf other than those shown below under Exceptions.
The land referred to in this guarantee is described as follows:
All of Tract No. 6038f in the City of Bakersfieldf County of Kernf State
of California, as per Map recorded May 24f 2002 in Book 48, Page 112 of
Mapsf in the Office of the County Recorder of said County.
3:XCEPTIONS:
)JONE
)
SOPER HOMES INC.
3434 Truxtun Avenue
Bakersfield Ca 93301
..-- ---
"-
,..
James Fitch, Assessor- Recorder SABRINA
Kern County Official Records 4/0412003
Rucomud al the I'llqulIst 01 8:01 AM
First Am8r~can Tit.\~
DOC#: 0203065132 Stal Types: 1 Pages: 2
111111111111 Fees 10.00
Taxes 0.00
Others 0.00
PAID $10.00
\
Order No.
Escrow No.
Loan No.
WHEN RECORDED MAIL TO:
SPACE ABOVE THIS LINE FOR RECORDER'S USE
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:
1. The undersigned is OWNER or agent of the OWNER of the interest or estate stated below in the property hereinafter described.
2. The FULL NAME of the OWNER is Soper Homes Inc.
3. The FULL ADDRESS of the OWNER is 3434 Truxtun Avenue, Bakersfield Ca 93301
4. The NATURE OF THE INTEREST or ESTATE of the undersigned is: In fee.
(If other than fee. strike "in fee' and insert. for example. ·purchaser u~er contract of purchase," or "lessee. ì
5; The FULL NAMES and'FULL ADDRESSES of ALL PERSONS, if any, WHO HOLD SUCH INTEREST or ESTATE with the undersigned
as JOINT TENANTS or as TENANTS IN COMMON are:
NAMES ADDRESSES
6. The full names and full addresses of the predecessors in interest of the undersigned if the property was transferred subsequent to
the commencement of the work of improvement herein referred to:
NAMES ADDRESSES
7. A work of improvement on the property hereinafter described was COMPLETED March 31, 2003
8. The work of improvement completed is described as follows: /Eli/rI'iiJ/E/ /f{1#.'i/W /FIe/rii/ðe/rlc/e/ / / /
'imporovements
9. The NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement is
Soper Homes Inc
10. The street address of said property is
11. The property on which said work of improvement was completed is in the City of Bakersfield
County of Kern '. State of California, and is described as follows:
Rots 1 - 44 of tract 6038
ì
(continued on reverse side)
Form 1054 (1/94)
Page 1 of 2
Description: Kern, CA 91-Present Year. DoclD 2003.65132 Page: 1 of 2
Order: scott Comment:
Dat~/ 31 / 2003 Signature of Owner or agent of owner
. Mich l Soper 'resid t .
VerificatIon for INDIVIDUAL owner : ',the unC:l rSlgned, aeclard u aer pena y of perjury under the
laws of the State of California that I am the owner of the aforesaid interest or estate in the property described in the above notice; that I
have read said notice, that I know and understand the contents thereof, and that the facts stated therein are true and correct.
ornia Corp
Date and Place
(Signature of owner named in paragraph 2)
Verification for NON-INDIVIDUAL owner: I, the undersigned, declare under penalty of perjury under the laws of the State of California
that I am the of the aforesaid interest or estate in the property described
"PRESIDENT. PARTNER. MANAGER. AGENT, Ere:'
in the above notice; that I have read the said notice, that I know and understand the co ?nts hereof, a
true and correct.
Kern County 3/31/2003 ~
Date and PI¡¡œ
Description: Kern, CA 91-Present Year. DoclD 2003.65132 Page: 2 of 2
Order: scott Comment:
Form 1054 (1/94)
Page 2 of 2