HomeMy WebLinkAboutC2011-466 - 12/8/2011 - NACITY OF CORPUS CHRISTI
CONTRACT FOR PROFESSIONAL SERVICES
The City of Corpus Christi, a Texas home rule municipal corporation, P,O. Box 9277,
Corpus Christi, Nueces County, Texas 78469 -9277 (City) acting through its duly authorized
City Manager or Designee (Director of Engineering Services) and Freese and Nichols, Inc.,
a Texas corporation, (Architect/Engineer — A/E), hereby agree as follows:
SCOPE OF PROJECT — Ocean Drive /Elizabeth Paving Assessment, Project No.
E11088
Several areas along Ocean Drive between Del Mar Blvd. and Buford St. are showing signs
of pavement distress, including settlement, longitudinal- cracking, and transverse cracking.
Adjacent areas along the bluff behind the east sidewalk from Cole Park to the Emerald
Beach Holiday Inn have various erosion and settlement related issues that are likely
contributing to the pavement settlement and cracking on Ocean Drive.
The distressed pavement areas, as well as the adjacent slopes will be studied and
monitored for a period of 6 months with the final outcome being a preliminary engineering
report, identifying a minimum of 3 options for slope stability improvements /pavement repair,
including preliminary opinions of probable construction costs to assist the City in choosing
a remedy and programming a budget for the necessary repairs. Two engineered solutions
will also be provided to the City to address slope issues at Cole Park through contractor
change order.
2. SCOPE OF SERVICES
The A/E hereby agrees, at its own expense, to perform professional services necessary to
study and monitor and prepare engineering reports and cost estimates. In addition, A/E
will provide weekly status updates for the Study and Report phase of the contract and
provide contract administration services, as described in Exhibit "A" ", to
complete the project. Work will not begin on Additional Services until requested by the A/E
(provide breakdown of costs, schedules), and written authorization is provided by the
Director of Engineering Services.
3. ORDER OF SERVICES
The A/E agrees to begin work on those authorized Basic Services for this contract upon
receipt of the Notice to Proceed from the Director of Engineering Services. Work will not
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1 2/8/ 11 �menllContractL :%ResouroeslContraot Nue Sheets5ClCorpus ChrtstWcean Drive - Elizabeth Paving Assessnlert4l,.arge AE
Freese and Nicholls, Inc. INDEXED
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■ _
_ _
■
_ _
— —
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3. ORDER OF SERVICES
The A/E agrees to begin work on those authorized Basic Services for this contract upon
receipt of the Notice to Proceed from the Director of Engineering Services. Work will not
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2011 -466 Page 1 of 3
1 2/8/ 11 �menllContractL :%ResouroeslContraot Nue Sheets5ClCorpus ChrtstWcean Drive - Elizabeth Paving Assessnlert4l,.arge AE
Freese and Nicholls, Inc. INDEXED
begin on any phase or any Additional Services until requested in writing by the A/E and
written authorization is provided by the Director of Engineering Services. The anticipated
schedule of the Basic Services is shown on Exhibit "A ". This schedule is not to be
inclusive of all additional time that may be required for review by the City staff and may be
amended by or with the concurrence of the Director of Engineering Services.
The Director of Engineering Services may direct the A/E to undertake additional services or
tasks provided that no increase in fee is required. Services or tasks requiring an increase
of fee will be mutually agreed and evidenced in writing as an amendment to this contract.
A/E shall notify the City of Corpus Christi within three (3) days of notice if tasks requested
requires an additional fee.
4. INDEMNITY AND INSURANCE
A/E agrees to the mandatory contract indemnification and insurance requirements as set
forth in Exhibit "B ".
5. FEE
The City will pay the A/E a fee, as described in Exhibit "A ", for providing services
authorized, a total fee not to exceed $89,496.00 (Eighty -nine Thousand, Four Hundred
Ninety -six dollars and No1100's). Monthly invoices will be submitted in accordance with
Exhibit "D ".
6. TERMINATION OF CONTRACT
The City may, at any time, with or without cause, terminate this contract upon seven days
written notice to the A/E at the address of record. In. this event, the A/E will be
compensated for its services on all stages authorized based upon A/E and City's estimate
of the proportion of the total services actually completed at the time of termination.
7. LOCAL PARTICIPATION
The City Council's stated policy is that City expenditures on contracts for professional
services be of maximum benefit to the local economy. The A/E agrees that at least 75% of
the work described herein will be performed by a labor force residing within the Corpus
Christi Metropolitan Statistical Area (MSA). Additionally, no more than 25% of the work
described herein will be performed by a labor force residing outside the Corpus Christi
Metropolitan Statistical Area (MSA.)
8. ASSIGNABILITY
The A/E will not assign, transfer or delegate any of its obligations or duties in this contract
to any other person without the prior written consent of the City, except for routine duties
delegated to personnel of the A/E staff. If the A/E is a partnership, then in the event of the
termination of the partnership, this contract will inure to the individual benefit of such
partner or partners as the City may designate. No part of the A/E fee may be assigned in
advance of receipt by the A/E without written consent of the City.
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TACily of Mocean Drive- Elizabeth Paving Assessmen6ConlractL :IResourceskeontract Blue Sheets\=orpus ChristhOoean Drive - Elizabeth Paving AssessmnntlLarge AE
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The City will not pay the fees of expert or technical assistance and consultants unless such
employment, including the rate of compensation, has been approved in writing by the City.
9. OWNERSHIP OF DOCUMENTS
All documents including contract documents (plans and specifications), record drawings,
contractor's field data, and submittal data will be the sole property of the City, may not be
used again by the A/E without the express written consent of the Director of Engineering
Services. However, the A/E may use standard details that are not specific to this project.
The City agrees that any modification of the plans will be evidenced on the plans, and be
signed and sealed by a professional engineer prior to re -use of modified plans.
10. DISCLOSURE OF INTEREST
A/E further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to
complete, as part of this contract, the Disclosure of Interests form attached as Exhibit "C ".
CITJZRPL#5 7CHRI TI FREE AND NICHOLS, INC.
/2 za�7
16-24-If
Juan Perale Jr., P.E. ate Pon urtnan, P.E. Date
Assistant City Manager Principal
800 N. Shoreline Blvd., Suite 160ON
Corpus Christi, TX 78401
RECOMMENDED (361) 561 -6500 Office
(361) 561 -6501 Fax
Pete Anaya, P. E. Date
Director of Engineering Services
ATTEST
Armando Chapa, City Secret
APPROV AS TO FORM
City Attor ey Date
ENTERED
Twdim
- fu"e OCT 2 8 2011
Eta APL CONT111T MANAGER
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TACity of CC%Ocean Drive - Elizabeth Paving Assessment \ContractLlResourcesSContracl Blue SheetslC\Gcrpus ChristilOoean Drive - Elizabeth Paving AssessmentlLarge AE
Cont r act. J U LY2009. d oC
EXHIBIT A
SCOPE OF SERVICES
OCEAN DRIVE/ELIZABETH PAVING ASSESSMENT
CITY OF CORPUS CHRISTI, TEXAS
PROJECT No. El 1088
1- SCOPE OF SERVICES
A. Basic Services.
Basic Services will include the following:
1. Study Phase
a. Data Collection
i. Coordinate additional borehole locations and inclinometer locations with
City's geotechnical provider, including tests for direct shear and
triaxial shear as appropriate
ii. Investigate additional voids under northbound lane or sidewalk through
visual survey, probing from exposed soil areas, and tapping
iii. Coordinate with City's geotechnical provider for potential void probing
through the sidewalk as needed
iv. Coordinate City utility leak testing and video inspection with City utility
departments and the City's utility videolleak testing provider (under
contract to the City)
b. Data Analysis
i. Analyze additional bore data from the pavement, sidewalk, or slope
ii. Analyze results of void detection efforts
iii. Analyze results of leak testing and video inspection
iv. Calculate slope stability based on collected data and analysis, and
identify potential risks for slope failure
The records provided under this A/E contract are proprietary and/or
copyrighted and for consultant's use only for the intended purpose of this
project. Any-unauthorized distribution of the records is strictly prohibited.
2. Design Phase
a. Monitoring Program
i. Develop instrumentation monitoring program of borehole inclinometers to
monitor for slope movement
EXHIBIT "A"
Page 1 of 5
ii. Provide City and/or City contractor with recommendations for the
instrumentation monitoring program to be implemented and
monitored utilizing City staff or City contractors
b. Preliminary Design
i. Determine preliminary design for (3) options for the City to stabilize the
slope between Elizabeth St. and Morgan Ave. as needed. These
options will be presented in the preliminary engineering report for
City review.
ii. Determine a preliminary opinion of probable construction costs for each
of the (3) preliminary design options. These opinions of probable
cost will be presented in the preliminary engineering report for City
review.
iii. Provide engineered solution for two identified slope repair areas at Cole
Park sufficient for the City to negotiate additional scope and fee
with their current contractor to perform these repairs. Anticipated
deliverable for this item includes:
1. Existing Conditions/Topo Survey (1 sheet)
2. Grading Plan and Profile (1 -2 sheets)
3. Details and Notes (1 -2 sheets)
4. Specifications
iv. Provide preliminary opinions of probable construction costs for the two
identified slope repair areas at Cole Park sufficient for the City to
negotiate additional scope and. fee with their current contractor to
perform these repairs.
3. Report Phase
a. Create a report section on slope stability study findings
b. Create a report section containing the design of the instrumentation
monitoring program
c. Create a report section on preliminary design of (3) stabilization options
d. Create a report section containing the preliminary opinion of probable
construction costs for each of the (3) stabilization options
e. Submit draft report for City review and comment
f. Incorporate City comment into final report
g. Submit (3) copies of the final report to the City
The City staff will:
EXHIBIT "A"
Page 2 of 5
a. Designate an individual to have responsibility, authority, and control for
coordinating activities during this phase.
b. Provide utility base maps in electronic format and copies of previous plans,
maps and reports pertaining to the project area and surrounding
developments.
c. Coordinate with City Utilities and City Contractors for utility investigation
phase
d. Implement and monitor the instrumentation system using City staff or City
contractors
Project Assumptions:
a. The study area is bounded by the Ayers St. ROW and the Elizabeth St.
ROW and the Ocean Dr. ROW.
b. No boundary or property surveys will be provided by the Consultant for this
project.
c. No subsurface utility engineering or geotechnical investigation will be
provided by Consultant for this project.
d. No permitting (U.S. Army Corps of Engineers and other regulatory agencies)
will be provided by Consultant for this project.
e. No mitigation plan will be provided by Consultant for this project.
f. No traffic control services or special traffic safety devices or requirements will
be provided by Consultant for this project.
4. Bid Phase — NOT APPLICABLE
5. Construction Phase — NOT APPLICABLE
B. Additional Services.
Additional Services will include the following:
1. Inspection
a. Data Collection
Walk the site weekly and observe changes
ii. Photograph, measure, and record abnormal features
iii. Coordinate with a Land Surveyor subcontractor (to FNI) to locate and tie -
in bore /inclinometer points
iv. Coordinate with a Land Surveyor subcontractor (to FNI) to establish a
survey benchmark monitoring grid.
EXH1131T aaAre
Page 3 of 5
v. Coordinate with a Land Surveyor subcontractor (to FNI) to verify
monitoring grid elevations /positions monthly for 5 months and
immediately after significant rain events for 5 months — not to exceed
a maximum of eight (8) site visits for benchmark verification.
2. Survey
a. A/E will provide a survey benchmark layout on the northbound lane (at 50'
intervals) and the south bound lane (5'x10' grid) of Ocean Drive near
Elizabeth Street and perform benchmark verifications on subsequent site
visits for the area as outlined in attached exhibit. A/E will provide a
maximum of eight (8) Benchmark verification site visits.
b. Provide an AutoCAD file and coordinate file deliverable using City of
Corpus Christi datum.
3. Reporting
a. Provide weekly status report in electronic email format to the City regarding
weekly walk - through inspection, survey monumentation changes, and other
observable phenomenon, including any changes discovered after significant
rain events.
b. Provide weekly report (if applicable) in electronic email format to the City
regarding City - provided inclinometer data, including any changes largerthan
0.25 inch beyond the baseline reading to be reported immediately to the
City's point of contact at Engineering Services.
2. SCHEDULE
A. A/E will complete Basic Services within 6 months after receiving Notice to Proceed.
3. FEES
A. Fee for Basic Services. The City will pay the A/E a fixed fee for providing for all
"Basic Services" authorized as per the table below. The fees for Basic Services will
not exceed those identified and will be full and total compensation for all services
outlined in Section [.A.1 -3 above, and for all expenses incurred in performing these
services. For services provided in Section I.A.1 -3, A/E will submit monthly
statements for basic services rendered. In Section I.A.1 -3, the statement will be
based upon A/E's estimate (and City concurrence) of the proportion of the total
services actually completed at the time of billing. City will make prompt monthly
payments in response to A/E's monthly statements.
EXHIBIT "A"
Page 4 of 5
B. Fee for Additional Services. For services authorized by the Director of
Engineering Services under Section I. B. "Additional Services" the City will pay the
A/E a not -to- exceed fee as per the table below:
C. Summary of Fees
Fee for Basic Services
1. Study Phase
$15,117
2. Design Phase
$ 20,818
3. Report Phase
$14,166
4. Bid Phase
NIA
5. Construction Phase
NIA
Subtotal Basic Services Fees
$50,101
Fee for Additional Services
1. Inspection
$ 9,011
2. Survey
$29,090
3. Reporting
$ 1,294
Subtotal Additional Services Fees Authorized
$39,395
Total Authorized Fee
$89,496
EXHIBIT "A"
Page 5 of 5
Exhibit B
Mandatory Requirements
(Revised September, 2001)
INSURANCE REQUIREMENTS
CONSULTANT LIABILITY INSURANCE
A. The Consultant shall not commence work under this Agreement until
he /she has obtained all insurance required herein and such insurance
has been approved by the City. Nor shall the Consultant allow any
subconsultant to commence work until all similar insurance required of
the subconsultant has been so obtained.
B. The Consultant shall furnish two (2) copies of certificates, with the City
named as an additional insured, showing the following minimum
coverage in an insurance company acceptable to the City.
TYPE OF INSURANCE
MINIMUM INSURANCE COVERAGE
30 -Day Notice of Cancellation required on all
Bodily Injury and Property Damage
certificates
Commercial General Liability including:
$2,000,000 COMBINED SINGLE LIMIT
1. Commercial Form
2. Premises — Operations
3. Explosion and Collapse Hazard
4_ Underground Hazard
. 5- Products/ Completed Operations Hazard
6. Contractual Insurance
7. Broad Form Property Damage
8. Independent Consultants
9. Personal Injury
AUTOMOBILE LIABILITY- -OWNED NON -OWNED
$1,000,000 COMBINED SINGLE LIMIT
OR RENTED
WHICH COMPLIES WITH THE TEXAS WORKERS=
WORKERS' COMPENSATION
COMPENSATION ACT AND PARAGRAPH li OF
THIS EXHIBIT
EMPLOYERS' LIABILITY
$100,000
EXCESS LIABILITY
$1,000,000 COMBINED SINGLE LIMIT
PROFESSIONAL POLLUTION LIABILITY/
$2,000,000 COMBINED SINGLE LIMIT
ENVIRONMENTAL IMPAIRMENT COVERAGE
Not limited to sudden & accidental discharge; to include
[ ] REQUIRED
long -tern environmental impact for the disposal of
[X] NOT REQUIRED
contaminants
BUILDERS' RISK
See Section B -6 -11 and Supplemental Insurance
Requirements
[ ] REQUIRED [X] NOT REQUIRED
INSTALLATION FLOATER
$100,000 Combined Single Limit
See Section B -6 -11 and Supplemental
Insurance Requirements
[ ] REQUIRED [XI NOT REQUIRED
Exhibit "B" - Insurance Requirements
Page 1 of 3 EXHIBIT "B °°
Page 1 of 3
C. In the event of accidents of any kind, the Consultant shall furnish the City with copies
of all reports of such accidents at the same time that the reports are forwarded to any
other interested parties.
HOLD HARMLESS
A. Consultant agrees to indemnify, save harmless the City of Corpus Christi, and
its agents, servants, and employees, and each of them against and hold it and
them harmless from any and all lawsuits, claims, demands, liabilities, losses
and expenses, including court costs and reasonable attorneys' fees, for or on
account of any injury to any person, or any death at any time resulting from
such injury, or any damage to any property, which may arise or which may be
alleged to have arisen out of or in connection with the work covered by this
contract performed in a negligent manner. The foregoing indemnity shall apply
except if such injury, death or damage is caused by the sole or concurrent
negligence of the City of Corpus Christi, its agents, servants, or employees or
any other person indemnified hereunder.
B. The Consultant shall obtain workers' compensation insurance coverage through a
licensed insurance company or through self - insurance obtained in accordance with
Texas law. If such coverage is obtained through a licensed insurance company, then
the contract for coverage shall be written on a policy and endorsements approved by
the Texas State Board of Insurance.
If such coverage is provided through self- insurance, then within ten (9 0) calendar days
after the date the City requests that the Consultant sign the contract documents, the
Consultant shall provide the City with a copy of its certificate of authority to self- insure
its workers' compensation coverage, as well as a letter, signed by the Consultant,
stating that the certificate of authority to self - insure remains in effect and is not the
subject of any revocation proceeding then pending before the Texas Workers'
Compensation Commission. Further, if at any time before final acceptance of the
Work by the City, such certificate of authority to self - insure is revoked or is made the
subject of any proceeding which could result in revocation of the certificate, then the
Consultant shall immediately provide written notice of such facts to the City, by
certified mail, return receipt requested directed to: City of Corpus Christi, Department
of Engineering Services, P. O. Box 9277, Corpus Christi, Texas 78469 - Attention:
Contract Administrator.
Whether workers' compensation insurance coverage is provided through a licensed
insurance company or through self- insurance, the coverage provided must be in an
amount sufficient to assure that all workers' compensation obligations incurred by the
Consultant will be promptly met.
Exhibit "B" - Insurance Requirements
Page 2 of 3 EXHIBIT "B"
Page 2 of 3
I lip
Exhibit "B" - Insurance Requirements
Page 2 of 3 EXHIBIT "B"
Page 2 of 3
On the certificate of insurance:
• The City of Corpus Christi is to be named as an additional insured on the liability
coverage, except for workers' compensation coverage.
• Should your insurance company elect to use the standard ACORD form, the
cancellation clause (bottom right) shall be amended by adding the wording
"changed or" between "be" and "cancelled" and deleting the words "endeavor to" and
the wording after "left ". If the cancellation clause is not amended in theACORD form,
then endorsements shall be submitted.
• The name of the project also needs to be listed under "description of operations ".
• At least 10 -clay written notice of change or cancellation will be required.
IV. A completed Disclosure of Interest must be submitted with your proposal.
Exhibit T" - Insurance Requirements
Page 3 of 3 EXHIBIT "B"
Page 3 of 3
SUPPLIER NUMBER
TO BE ASSIGNED BY C7Y -
PURCHASING DIVISION
.:+...tip
City of CITY OF CORPUS CHRISTI(
C"-Pus DISCLOSURE OF INTEREST
City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business
with the City to provide the following information. Every question must be answered. If the question is
not applicable, answer with "NA ". See reverse side for Filing Requirements, Certifications and
definitions.
COMPANY NAME: Free and Nichols, Inc.
P. O. BOX:
STREET ADDRESS: 800 N. Shoreline Blvd., Suite 160ON CITY: Corpus Christi
FIRM IS: I.
4.
Corporation
Association
2.
5.
Partnership
e
Other
ZIP: 78401
3. Sole Owner ❑
DISCLOSURE QUESTIONS
If additional space is necessary, please use the reverse side of this page or attach separate sheet.
1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest"
constituting 3% or more of the ownership in the above named "firm."
Name Job Title and City Department (if known)
NIA N/A
2. State the names of each "official" of the City of Corpus Christi having an "ownership interest"
constituting 3% or more of the ownership in the above named "firm."
Name Title
NIA NIA
3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest"
constituting 3% or more of the ownership in the above named "firm."
Name Board, Commission or Committee
NIA NIA
4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who
worked on any matter related to the subject of this contract and has an "ownership interest"
constituting 3% or more of the ownership in the above named "firm."
Name Consultant
NIA NIA
EXHIBIT "C"
Page 1 of 2
FILING REQUIREMENTS
If a person who requests official action on a matter knows that the requested action will confer an
economic benefit on any City official or employee that is distinguishable from the effect that the action
will have on members of the public in general or a substantial segment thereof, you shall disclose that fact
in a signed writing to the City official, employee or body that has been requested to act in the matter,
unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be
made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2 -349 (d)]
CERTIFICATION
I certify that all information provided is true and correct as of the date of this statement, that I have not
knowingly withheld disclosure of any information requested; and that supplemental statements will be
promptly submitted to the City of Corpus Christi, Texas as changes occur.
Certifying Person: Ron Guzman, P.E. Title: Principal
(Type or Print)
Signature of Certifying Date: �� , Z` f `
Person: 7
DEFINITIONS
a. "Board member." A member of any board, commission, or committee appointed by the City
Council of the City of Corpus Christi, Texas.
b. "Economic benefit ". An action that is likely to affect an economic interest if it is likely to have an
effect on that interest that is distinguishable from its effect on members of the public in general or a
substantial segment thereof.
c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-
time basis, but not as an independent contractor.
d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and
whether established to produce or deal with a product or service, including but not limited to, entities
operated in the form of sole proprietorship, as self - employed person, partnership,. corporation, joint
stock company, joint venture, receivership or trust, and entities which for purposes of taxation are
treated as non -profit organizations.
e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager,
Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of
Corpus Christi, Texas.
£ "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a
firm, including when such interest is held through an agent, trust, estate, or holding entity.
"Constructively held" refers to holdings or control established through voting trusts, proxies, or
special terms of venture or partnership agreements."
g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus
Christi for the purpose of professional consultation and recommendation.
EXHIBIT "C"
Page 2 of 2
COMPLETE PROJECT NAME
Project No. E11088
Invoice No. 12345
Invoice Date:
Basic Services:
Preliminary Phase
Design Phase
Bid Phase
Report Phase
Construction Phase
Subtotal Basic Services
Additional Services:
Permitting
Warranty Phase
Inspection
Platting Survey
Reporting
O & M Manuals
SCADA
Subtotal Additional Services
Summary of Fees
Basic Services Fees
Additional Services Fees
Total of Fees
m rn
w x
0
0
�o
Total Amount Previous Total Percent
Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete
$15,117
$0
$0
$15,117
$0
$1,000
$1,000
7%
20,818
0
0
20,818
1,000
500
1,500
7%
0
0
0
0
0
0
0
n/a
14,166
0
0
14,166
0
0
0
n/a
0%
0 0 0 0 0 0 0
$50,101
$0
$0
$50,101
$750
$1,500
$2,500
5%
$0
$0
$0
$0
$0
$0
$0
n/a
0
0
0
0
0
0
0
n/a
9,011
0
0
9,011
0
0
0
0%
29,090
0
0
29,090
0
0
0
0%
1,294
0
0
1,294
0
0
0
0%
TBD
TBD
TBD
TBD
TBD
TBD
0
0%
TBD
TBD
TBD
TBD
TBD
TBD
TBD
0%
$39,395
$0
$0
$39,395
$0
$0
$0
0%
$50,101
$0
$0
$50,101
$750
$1,500
$2,500
5%
39,395
0
0
39,395
0
0
0
0%
$89,496
$0
$0
$89,496
$750
$1,500
$2,500
3%