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R-2015-054 2015-03-23RESOLUTION NO. R2015-54 A Resolution of the City Council of the City of Pearland, Texas, authorizing a contract for professional design services with Cobb, Fendley & Associates, Inc., in the amount of $97,223.75, for the Industrial Drive Intersection Realignment Project at State Highway35. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain contract for professional design services. a copy of which is attached hereto as Exhibit "A" and made a part hereof for all purposes. is hereby authorized and approved. Section 2. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest a contract for professional design services associated with the Industrial Drive Intersection Realignment Project. PASSED. APPROVED and ADOPTED this the 23rd day of March, A.D., 2015. ATTEST: APPROVED AS TO FORM. DARRIN M. COKER CITY ATTORNEY 1/3'11 raj TOM REID MAYOR Resolution No. R2015-54 Exhibit "A" CONTRACT FOR PROFESSIONAL SERVICES THIS CONTRACT is entered into upon final execution by and between the City of Pearland ("CITY") and Cobb,Fendley & Associates, Inc ("CONSULTANT"). The CITY engages the CONSULTANT to perform professional services for a project known and described as Industrial Drive Realignment ("PROJECT"). (Project # TR 1502) SECTION I - SERVICES OF THE CONSULTANT The CONSULTANT shall perform the following professional services to CITY standards and in accordance with the degree of care and skill that a professional in Texas would exercise under the same or similar circumstances: A. The CONSULTANT shall provide Design Services. See Exhibit A, attached, for a detailed SCOPE OF WORK and PROJECT schedule. The PROJECT schedule shall be submitted in digital and hard copy form in the Microsoft Project for Windows format. B. The CONSULTANT shall prepare and submit a detailed opinion of estimated cost of the PROJECT. C. The CONSULTANT acknowledges that the CITY (through its employee handbook) considers the following to be misconduct that is grounds for termination of a CITY employee: Any fraud, forgery, misappropriation of funds, receiving payment for services not performed or for hours not worked, mishandling or untruthful reporting of money transactions, destruction of assets, embezzlement, accepting materials of value from vendors, or consultants, and/or collecting reimbursement of expenses made for the benefit of the CITY. The CONSULTANT agrees that it will not, directly or indirectly; encourage a CITY employee to engage in such misconduct. D. The CONSULTANT shall submit all final construction documents in both hard copy and electronic format. Plans shall be AutoCAD compatible and all other documents shall be Microsoft Office compatible. The software version used shall be compatible to current CITY standards. Other support documents, for example, structural calculations, drainage reports and geotechnical reports, shall be submitted in hard copy only. All Record Drawings electronic files shall be submitted to the CITY in TIF format. E. The CONSULTANT recognizes that all drawings, special provisions, field survey notes, reports, estimates and any and all other documents or work product generated by the CONSULTANT under the CONTRACT shall be delivered to the CITY upon request, shall become subject to the Open Records Laws of this State. Design 1 of6 DI. Revised 1/14 F. The CONSULTANT shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons, damages to property, or any errors and omissions relating to the performance of any work by the CONSULTANT, its agents, employees or subcontractors under this Agreement, as follows: (1) Workers' Compensation as required by law. (2) Professional Liability Insurance in an amount not less than $1,000,000 in the aggregate. (3) Comprehensive General Liability and Property Damage Insurance with minimum limits of $1,000,000 for injury or death of any one person, $1,000,000 for each occurrence, and $1,000,000 for each occurrence of damage to or destruction of property. (4) Comprehensive Automobile and Truck Liability Insurance covering owned, hired, and non -owned vehicles, with minimum limits of $1,000,000 for injury or death of any one person, $1,000,000 for each occurrence, and $1,000,000 for property damage. The CONSULTANT shall include the CITY as an additional insured under the policies, with the exception of the Professional Liability Insurance and Workers' Compensation. Certificates of Insurance and endorsements shall be furnished to the CITY before work commences. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled, and/or reduced in coverage or in limits ("Change in Coverage") except with prior written consent of the CITY and only after the CITY has been provided with written notice of such Change in Coverage, such notice to be sent to the CITY either by hand delivery to the City Manager or by certified mail, return receipt requested, and received by the City no fewer than thirty (30) days prior to the effective date of such Change in Coverage. Prior to commencing services under this CONTRACT, CONSULTANT shall furnish CITY with Certificates of Insurance, or formal endorsements as required by this CONTRACT, issued by CONSULTANT'S insurer(s), as evidence that policies providing the required coverage, conditions, and limits required by this CONTRACT are in full force and effect. Design 2 of6 DI. Revised 1/14 G. The CONSULTANT shall indemnify and hold the CITY, its officers, agents, and employees, harmless from any claim, loss, damage, suit, and liability of every kind for which CONSULTANT is legally liable, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person, for damage to any property, or errors in design, any of which are caused by the negligent act or omission of the CONSULTANT, his officers, employees, agents, or subcontractors under this CONTRACT. H. All parties intend that the CONSULTANT, in performing services pursuant to this CONTRACT, shall act as an independent contractor and shall have control of its own work and the manner in which it is performed. The CONSULTANT is not to be considered an agent or employee of the CITY. SECTION II - PERIOD OF SERVICE This CONTRACT will be binding upon execution and end October 2015. SECTION III - CONSULTANT'S COMPENSATION A. The total compensation for the services performed shall not exceed the total noted in Section B. B. The CITY shall pay the CONSULTANT in installments based upon monthly progress reports and detailed invoices submitted by the CONSULTANT based upon the following: 1. Basic Services (Lump Sum) $68,550.00 2. Additional Services shall require independent and specific authorization and shall be billed as (Lump Sum): $10,145.00 3. Bid Phase Services (Hourly Not to Exceed) $5,260.00 4. Construction Phase Services (Hourly Not to Exceed) $12,200.00 5. Reimbursable Expenses (Not to Exceed) $1,068.75 6. Total: $97,223.75 C. The CITY shall make payments to the CONSULTANT within thirty (30) days after receipt and approval of a detailed invoice. Invoices shall be submitted on a monthly basis. Design 3 of 6 DI. Revised 1/14 SECTION IV - THE CITY'S RESPONSIBILITIES A. The CITY shall designate a project manager during the term of this CONTRACT. The project manager has the authority to administer this CONTRACT and shall monitor compliance with all terms and conditions stated herein. All requests for information from or a decision by the CITY on any aspect of the work shall be directed to the project manager. B. The CITY shall review submittals by the CONSULTANT and provide prompt response to questions and rendering of decisions pertaining thereto, to minimize delay in the progress of the CONSULTANT'S work. The CITY will keep the CONSULTANT advised concerning the progress of the CITY'S review of the work. The CONSULTANT agrees that the CITY'S inspection, review, acceptance or approval of CONSULTANT'S work shall not relieve CONSULTANT'S responsibility for errors or omissions of the CONSULTANT or its sub-consultant(s) or in any way affect the CONSULTANT'S status as an independent contractor of the CITY. SECTION V - TERMINATION A. The CITY, at its sole discretion, may terminate this CONTRACT for any reason - - with or without cause -- by delivering written notice to CONSULTANT personally or by certified mail at 1506 E. Broadway, Suite 201, Pearland, Texas 77581. Immediately after receiving such written notice, the CONSULTANT shall discontinue providing the services under this CONTRACT. B. If this CONTRACT is terminated, CONSULTANT shall deliver to the CITY all drawings, special provisions, field survey notes, reports, estimates and any and all other documents or work product generated by the CONSULTANT under the CONTRACT, entirely or partially completed, together with all unused materials supplied by the CITY on or before the 15th day following termination of the CONTRACT. C. In the event of such termination, the CONSULTANT shall be paid for services performed prior to receipt of the written notice of termination. The CITY shall make final payment within sixty (60) days after the CONSULTANT has delivered to the CITY a detailed invoice for services rendered and the documents or work product generated by the CONSULTANT under the CONTRACT. D. If the remuneration scheduled under this contract is based upon a fixed fee or definitely ascertainable sum, the portion of such sum payable shall be proportionate to the percentage of services completed by the CONSULTANT based upon the scope of work. Design 4 of6 DI. Revised 1/14 E. In the event this CONTRACT is terminated, the CITY shall have the option of completing the work, or entering into a CONTRACT with another party for the completion of the work. F. If the CITY terminates this CONTRACT for cause and/or if the CONSULTANT breaches any provision of this CONTRACT, then the CITY shall have all rights and remedies in law and/or equity against CONSULTANT. Venue for any action or dispute arising out of or relating to this CONTRACT shall be in Brazoria County, Texas. The laws of the State of Texas shall govern the terms of this CONTRACT. The prevailing party in the action shall be entitled to recover its actual damages with interest, attorney's fees, costs and expenses incurred in connection with the dispute and/or action. CONSULTANT and CITY desire an expeditious means to resolve any disputes that may arise between under this CONTRACT. To accomplish this, the parties agree to mediation as follows: If a dispute arises out of or relates to this CONTRACT, or the breach thereof, and if the dispute cannot be settled through negotiation, then the parties agree first to try in good faith, and before pursuing any legal remedies, to settle the dispute by mediation of a third party who will be selected by agreement of the parties. SECTION VI — ENTIRE AGREEMENT This CONTRACT represents the entire agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations, or contracts, either written or oral. This CONTRACT may be amended only by written instrument signed by both parties. SECTION VII — COVENANT AGAINST CONTINGENT FEES The CONSULTANT affirms that he has not employed or retained any company or person, other than a bona fide employee working for the CONSULTANT to solicit or secure this CONTRACT, and that he has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of the CONTRACT. For breach or violation of this clause, the CITY may terminate this CONTRACT without liability, and in its discretion, may deduct from the CONTRACT price or consideration, or otherwise recover, the full amount of such fee, commission, percentage brokerage fee, gift, or contingent fee that has been paid. Design 5 of6 DI. Revised 1/14 SECTION VIII- SUCCESSORS AND ASSIGNS This CONTRACT shall not be assignable except upon the written consent of the parties hereto. 3z�I CITY OF PEARLAND, TEXAS 312-61t5 CONSULTAN ATE Design 6 of 6 D I. Revised I/ 14 CobbFendley March 16, 2015 Mr. Les Saberniak City of Pearland 3519 Liberty Dr Pearland, TX 77584 Re: Industrial Drive - 625' West of SH 35 to West SH 35 ROW Line & from East SH 35 ROW Line to 400' East of SH 35 - 0.19 Miles Proposal for Roadway Design Services Dear Mr. Saberniak: Cobb. Fendley & Associates, Inc. is pleased to propose roadway design services to you for Industrial Drive from 625' West of SH 35 to West SH 35 ROW Line & from East SH 35 ROW Line to 400' East of SH 35, a distance of 0.19 miles. A breakdown of these services is as follows: Add Services (Lump Sum) Design Phase Services (Lump Sum) Bid Phase Services (Lump Sum) Construction Phase Services (Hours not to Exceed) Reimbursables (Not to Exceed) Total (Lump Sum / Not to Exceed) $ 10,145.00 $ 68, 550.00 $ 5,260.00 $ 12,200.00 $ 1,068.75 $ 97,223.75 Please find attached to this letter a description of the services to be provided by Cobb, Fendley & Associates. Inc. (Exhibit "A"), fee schedule (Exhibit "B") and schedule (Exhibit "C"). The opportunity to propose professional roadway design services is appreciated and we look forward to working on this project with you. Sincerely. COBB, FENDLEY & ASSOCIATES, INC. Mark Ingram, PE Principal 1),',1!11 EXHIBIT A TRANSPORTATION SCOPE OF SERVICES FOR Industrial Drive at SH 35 Intersection Realignment 1 of D6. Revised 1/12 BASIC SERVICES: The Consultant shall render the following professional engineering services to the OWNER in connection with the construction of the Project. 1. Preliminary Phase Services a. Attend meetings with City & external agencies including County, State & Federal entities, as required, to identify & solicit necessary information. b. Provide or Procure additional information as required from i. Surveyor & Base plans (Update topographic survey performed from the PER that included DTM. Any updated items found in the field will be adjusted/incorporated into the original design file.) ii. Record drawing and/or As-Builts information from previously constructed utilities 2. Final Design Phase Services a. Prepare final plans details specifications and cost estimate in accordance with City of Pearland's Design Criteria Manual (DCM) b. Coordinate with TxDOT to ensure proper tie-in to their SH 35 project Project Location: Industrial Drive at SH 35 in Pearland, Texas Project Description: Develop roadway design plans as shown in the Preliminary Engineering Report (PER) to realign the existing offset Industrial Drive at SH 35 intersection to line up on both sides of SH 35. This project will coincide with the TxDOT SH 35 widening that is not part of this project. Design 2 of6 D6. Revised 1/12 Project Limits on Industrial Drive: From 625' west of SH 35 to SH 35 West ROW & from SH 35 East ROW to 400' east of SH 35 as defined in the PER. Project Limits on SH 35: It is not anticipated to have project limits on SH 35 as part of this project. i. prepare detailed construction drawings, specifications and construction bid packages for the proposed Projects ii. including roadway geometrics, pavement, drainage, pavement markings and other design elements as necessary iii. these proposed roadway improvements shall be provided in a set of plans as required by the City of Pearland which includes the following: • Vicinity Map • Index of Sheets • General Notes • Typical Sections (Update from PER) • Survey Control Sheets • Traffic Control Plan • Demolition Plan (1" = 20' on 22" x 34") • SW3P Plan • Intersection Layout (1" = 20' on 22" x 34") • Roadway Plan & Profile Sheets (1" = 20' on 22" x 34") • Cross Sections and Earthwork • Ditch Plan & Profile Sheets, Including Increased Impervious Area Calculations (1" = 20' on 22" x 34") • Signing & Pavement Marking Layouts (1" = 20' on 22" x 34") Design 3 01 6 D6. Revised 1/12 • Illumination Conduit Layout • Service Pole Summary • Utility Layouts (1" = 20' on 22" x 34") • Applicable City of Pearland and TxDOT Standards • Deliverable will be a full size (22" x 34") mylar plan set signed and sealed by a Professional Engineer licensed in the State of Texas. iv. attend monthly progress/update meetings at the City (4 total) v. provide work sequencing plans — coordinated with other work and other local projects vi. provide two (2) sets plans and specifications and estimates to City for review at 60% & 90%; provide written comments/resolution to City revisions/comments in Pro Trak vii. submit 60% & 90% plans to utility company's for coordination of utility relocating; coordinate with City on formal notifications viii. coordinate with utility companies & pipeline companies to identify conflicts & schedule relocations ix. coordinate submittals for review & acquire approvals of permits for TxDOT & County Drainage Districts x. coordinate crossing agreement of pipelines resulting in pipeline company approval of plans xi. coordinate with private developments & other public entity engineer's for adjoining work/projects xii. coordinate with TxDOT to ensure proper tie-in to their SH 35 project and to ensure accommodation of any right turn deceleration lanes should TxDOT install on SH 35 at this location. xiii. prepare bid sets for distribution via the City's e -bid system; including Plans, Specifications, Bid Proposal, (utilizing City Design 4 016 D6. Revised 1/12 Standard Details + Specs; for details & specification sections the City does not have, submit proposed supplement specs) Submit to City for signatures xiv. prepare Engineer's estimate 3. Bid Phase Services a. Provide Summary of Work in Notice to Bidders (NTB) to the Project Manager in an electronic form appropriate for the City's e -bid system format. City is responsible for advertising. b. Provide Bid Documents in PDF format c. Chair pre-bid meeting and attend the Bid Opening d. Respond in writing to questions from bidders and prepare addenda as necessary. e. Assist with design of Bid Proposal* f. Prepare Engineer's Recommendation of Award Letter that includes the following required content: i. Review for unbalance bid items ii. Certified Bid Tabulation including Engineer's estimate iii. Review of contractor's financial standing and references provided iv. Explanation of discrepancies between the Engineer's estimate and bids v. Recommendation to award 4. Attend City Council meeting and recommendation for award of Contract for Construction. 5. Produce and transmit to selected contractor five (5) sets of project manuals ready for execution with City's Notice of Intent to Award (NOI) *This is the use of bid strategies to attain lowest possible prices for work, use of alternatives, etc. Design 5 01'6 D6. Revised 1/12 6. Construction Phase Services a. Construction Administration i. Attend pre -construction meeting to provide information & answer questions ii. Attend monthly progress meetings with Construction Manager, Contractor & City of Pearland as needed iii. Review/approve & comment on Contractor's submittals, RFIs, Contractor Proposals, Request for Change Orders (RCO) including coordination with Construction Manager on Proposals & Change Orders using the City of Pearland's Pro -Trak system. iv. Provide interpretive guidance for Contractor, Construction Manager in resolution of problems v. Coordinate contractors, CM/CI to provide complete record of As-Builts Drawing vi. Within thirty (30) days after receipt of As-Builts from the contractor to the CM, the project engineer shall provide to the City one (1) set of full size reproducible record drawings, an electronic file copy (PDF format) and an AutoCAD file (.dwg), or compatible .dxf file Definition: 1) As-Builts "redlines": Contractor's record of field changes to the work in line, grade & elevation 2) Record Drawings: Engineer's incorporation of contractor's As-Builts Design 6of6 D6. Revised 1/12 Exhibit "B" ' Project: Industrial Dr at SH 35 Description: Roadway Design - from 625' West of SH 35 to West SH 35 ROW Line 8 from East SH 35 ROW Line to 400' East of SH 35 - 0.19 Miles Method of Pay Lump Sum / Not to Exceed III r80inam«*ABRR7-m83°RRc,R'^RIORm`°,,RSrn.fUE • Survey 3.14n RPLS Tach 81 Field Crew Clerical I Labor S145.0MHR. {106 nom R t1L4 nrHR ariam 5g If «««« 8888 8 ii i LL Rw E8 (f Yz R� ` g8 i3 G f Sutlofal 0001,03ts j 84,760..00 510.620.00 516,305.00 50,076.00 011,310.00 811160.00 51577000 pp6,4 w z . Th. f, .E. AEI .����� NmmN.N r d /F1 $ » `geeN^ 3 «««.. 1$ 13 4 ud �$ffi Z,:888 le 3f « Mil :; 88g 88888888888888888g88`888888888888888 Mot" Careracl Rate Per Ho 1, _, 111 ;!I cola lvp to 11 -at, ) Photocopies BAY (Up to 22' X30'] MNar(U0 to 22- a 341 _-. -- - Task Description (Lump Sum) PRELIMINARY PRASE SERVICES Apanoy Coormrelon Topographic Survey Lenurp Topographic Survey koro PEP ANAL DEMON PHASE SERVICES i FfJ!iii `O. o P jig 6 13a R 8 B Fj ,I WOO X S ?J iii Sgrerp and Pawns." Marking layats U.ueg Signing arq Pavement Markings from PER it iE iiHiHhiiJI{H 1 A_� OSA gt it § _E 3( W w E i g R a E i a E 8 1 a 8 0 2 1 R 8 $ 14 so8e co 8 101 • a • 8 • 8 8 3 8 5 8 8 5Uw 1 1 1 Up 6 3 e 1 t 1 A 8 7j 14 S 8 8 8 8 2 8 gej g» 8 i i egg 8 8. tri Sg7 8 8 4 as $e� aha 8 31 Fg q2 E 3 a2 2 Eo b Y a 8 a a Industrial Drive at SH 35 ID /Task Name 1 Industrial Drive Duration Stan EXHIBIT "C" - PROJECT SCHEDULE Fmnn afitS Mer 1 Am 1 Mer 1 Jun Jul I Auo I Sre 1 Op 134 days Mon 3/30/15 Wed 10/7/15 Notice to Proceed / Kickoff Meeting 1 day Mon 3/30/15 Mon 3/30/15 Preliminary Engineering 15 days Mon 3/30/15 Mon 4/20/15 Agency Coordination 10 days Mon 3/30/15 Mon 4/13/15 Update Topographic Survey from PER 10 days Tue 4/7/15 Mon 4/20/15 Final Design Phase Services 119 days Tue 4421/15 Wed 10/7/15 80% Plans 59 days Tue 4421/15 Tue 7/14/15 Update Preliminary Cost Estimate from PER 5 days Tue 4/21/15 Mon 4/27/15 Site Visit 1 day Tue 4/21/15 Tue 4/21/15 Vicinity Map 5 days Tue 4/21/15 Mon 4/27/15 Index of Sheets 5 days Tue 4/21/15 Mon 4/27/15 General Notes 5 days Tue 4/28/15 Mon 5/4/15 Update Typical Sections from PER 5 days Tue 4/21/15 Mon 4/27/15 Survey Control Sheets 10 days Tue 4/21/15 Mon 5/4/15 Traffic Control Plan 10 days Tue 4/21/15 Mon 5/4/15 Demolition Plan 10 days Tue 4/21/15 Mon 5/4/15 SW3P Plan 10 days Tue 4/21/15 Mon 5/4/15 Intersection Layout 10 days Tue 4/21/15 Mon 5/4/15 Roadway Plan and Profile Sheets 25 days Tue 4/21/15 Tue 5/26/15 Cross Sections and Earthwork 15 days Tue 5/5/15 Tue 5/26/15 Increased Impervious Area Calculations 5 days Tue 4/28/15 Mon 5/4/15 Ditch Plan and Profile Sheets 15 days Tue 5/5/15 Tue 5/26/15 Signing 8 Pavement Marking Layouts 5 days Tue 5/19/15 Tue 5/26/15 Illumination Conduit Layout 5 days Fri 5/15/15 Thu 5/21/15 Service Pole Summary 2 days Fri 5/22/15 Tue 5/26/15 Utility Layouts 10 days Tue 4/21/15 Mon 5/4/15 Applicable City / TxDOT Standards 2 days Fri 5/22/15 Tue 5/26/15 Update Utility Conflict Assessment from PER 2 days Tue 5/5/15 Wed 5/6/15 Utility Coordination 20 days Tue 4/28/15 Tue 5/26/15 Prepare/Review Utility Agreement Package 10 days Tue 4/28/15 Mon 5/11/15 Quantities 5 days Wed 5/27/15 Tue 6/2/15 Estimates 2 days Wed 5/27/15 Thu 5/28/15 OA/QC 5 days Fn 5/29/15 Thu 6/4/15 60% Plan Production 2 days Fri 6/5/15 Mon 6/8/15 60% Submittal 0 days Mon 6/8/15 Mon 6/8/15 60% City/TxDOT Review 25 days Tue 6/9/15 Tue 7/14/15 90% Plans 45 days Wed 7/15/15 Wed 9/16/15 Address 60% Comments 10 days Wed 7/15/15 Tue 7/28/15 Bring Plans to 90% Design Level 10 days Wed 7/22/15 Tue 8/4/15 Utility Coordination 5 days Wed 7/22/15 Tue 7/28/15 QA/QC 3 days Wed 8/5/15 Fri 8/7/15 90% Plan Production 2 days Mon 8/10/15 Tue 8/11/15 90% Submittal 0 days Tue 8/11/15 Tue 8/11/15 City/TxDOT Review 25 days Wed 8/12/15 Wed 9/16/15 100% Plans 15 days Thu 9/17/15 Wed 1017/15 Address 90% Comments 10 days Thu 9/17/15 Wed 9/30/15 Bnng Plans 10 100% Design Level 10 days Thu 9/24/15 Wed 10/7/15 Utility Coordination 5 days Thu 9/24/15 Wed 9/30/15 QA/OC 3 days Thu 10/1/15 Mon 10/5/15 100% Plan Production 2 days Tue 10/6/15 Wed 10/7/15 100% Submittal 0 days Wed 10/7/15 Wed 10/7/15 TxDOT Permit / Drainage District Coordination 45 days Wed 6/6/16 Wed 1017115 Prepare Project Manual 45 days Wed 6/5/15 Wed 10/7/15 Summary of Quantities / Construction Cost Estimate 10 days Thu 9/24/15 Wed 10/7/15 Project Industrial Dr TaskCritical Task Mi balone Dale: Mon 3/18115 Task Progress Critical Task Progress Summary 2 3 s 6 7 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 46 49 50 51 52 53 54 • Pimmmstamei. • ars p 6/11 Split Baseline Tnsk Task Progross Baseline Milestone