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HomeMy WebLinkAboutTavernier Creek #18 CONTRACT AGREEMENT AGREEMENT, MADE THIS 2 /~y of 4iL4 2002, by aod between, American Underwater Contractors, Inc. (" Contractor "), and the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, of the County of Monroe, State of Florida (Board). The Contractor and the Board, for the consideration named, agree as follows: 1. The Contractor shall furnish all the materials for the Emergency repair of the following channel markers, Tavernier Creek-#18, Upper Matecumbe West Channel-#3, and Vaca Cut-#8, Monroe County as specified by Exhibit A. 2. The work performed under the Contract shall commence immediately from the date the Liaison provides the Notice to Proceed and shall be completed by August 31, 2002. 3. The Contractor understands the rules and procedures instituted by the Board to ensure an orderly progress to the project. The Contractor understands both the intent and the requirements of the Specifications attached as Exhibit A & B. 4. The Board shall pay the Contractor the total sum of $6,800.00 for the work listed in Exhibit A of this Contract. Payment shall be upon completion by the Contractor and review and approval of the close out documentation by the Marine Projects Coordinator. 5. The attached List, Map, and Specifications together with this Agreement form the Contract. They are fully a part of this Contract as if repeated herein verbatim. 6. The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of the County Commissioners from any and all claims for bodily injury (including death), personal injury, and the property damage (including property owned by Monroe County) and other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the Contractor or any of its subcontractor(s) in any tier, their employees or agents. The purchase of the insurance required in the paragraph 11 does not vitiate this indemnification provision. 7. The Contractor acknowledges his/ her intention to comply with the need to coordinate all work with the appropriate environmental agencies, the U.S. Coast Guard, and the County. 8. The Contractor agrees to supply the County with a set of photographs of the complete work along with a letter certifYing completion of work. The Contractor will be responsible for the camera, film, and development costs. The Contractor also agrees to provide transportation for the Liaison to inspect the completed work. 9. The Contractor understands and agrees that no payment will be made for this project without required photographs and written certification of completion. 10. Due to the use of heavy equipment and, at times, dangerous work environment, the Contractor understands and agrees to maintain an alcohol and drug free work environment. 11. The CONTRACTOR will be responsible for all necessary insurance coverage as indicated by the an "X" on the attached forms ofExhtbit C identified as General of the notice, shall immediately cease work. The Board must pay the Contractor the percentage of the contract price which is satisfactory to the Board up to date the contractor received the notice of termination. 14. This Contract is governed by the laws of the State of Florida. Venue for any litigation arising under this contract must be in Monroe County. IN WITNESS WHEREOF the parties here to have executed this agreement by the BOARD OF COUN GE, CLERK OF MONROE C "';;0;'~~~ar first written above. ,(;'~,'.--->, ~~~~" I/I"~~/I' \\~<i - <........~ \~ct'" . ". '.'. .... '., ...'...... '.. \\'1.., J'-.(. .'."'.. '.. '.......'..''''''. if.'/ ;;~~' \< ,i-\ \\X ~\\ Iff ;(""'f}..,~"''/~< ~u \~~~;;:5:~r~~\;53J !J! ~ ~ 'I.'~'{;',~ r ,<1: ~c,:-~?'~--. / .. /~ ~. l'411'.''f'" Witness: BY: Mayor/Chairman COMMISSIONERS Y, FLORIDA BUS~~~ By: t:::;l .A -- Title:j)d<f5t~'1 (!c,u~~~ I At!.- r-3 = <;:::) r-3 ~ -u f11 ;J:: -( , ("J . j" C1' en ~::o~ -u ~ r- :1C -<C'">::t: -:-i:P' ~ .." Co' r- r'1 N "P" -l -r'\ - I f"'"\ CJ .." C> :::0 :;0 rn .(") o :::0 o Insurance Requirements and INSKLST 1-4, as further detailed on forms WC1, WCJA, GL1, VL1, & WL1. All policies must list Monroe County as additional insured with the exception or the Workers Compensation policy. 12. The Contractor warrants that it has not employed, retained or otherwise had act on its behalf any former County officer or employee subject to the prohibition of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 020-1990. For breach or violation of this provision, the owner may, in its discretion, terminate this contract without liability and may also, in its direction, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. 13. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO ($10,000.00) for a period of36 months from the date of being placed on the convicted vendor list. 14. The Board may terminate this Agreement with or without cause at any time upon giving the Contractor up to 10 days notice in writing. The Contractor, upon receipt EXHIBIT A Scope Of Work for Upper Matecumbe West Channel, Vaca Cut, and Tavernier Creek Channel Marking Chains The emergency installation at Upper Matecumbe West Channel (Bud & Mary's) includes: the installation of one complete standard size daybeacon (12" pile, 3'x3' signs, backing boards, and all hardware and piling cap) and removaVdisposal of any broken off piling found in the vicinity. The emergency installation at Vaca Cut includes: the installation of one complete standard size daybeacon (12" pile, 4'x4' signs, backing boards, and all hardware and piling cap) and removal/disposal of any broken off piling found in the vicinity. The emergency installation at Tavernier Creek includes: the installation of one complete smaller size daybeacon (9" pile, 2'x2' signs; and all hardware and piling cap) and removaVdisposal of any broken off piling found in the vicinity. Piles, backing boards, and all hardware are to be provided by the contractor. The County will provide the signs and piling caps in order to expedite the installation. The bottom of the signs should be 8' above mean high water. Channel Tavernier Cr Work to be performed Replace DBN 18 Upper Matecumbe West Ch Replace DBN 3 Vaca Cut Replace DBN 8 Contractors should refer to the Monroe County Specifications sheets for more detailed information regarding installations. Contractors must coordinate the installations with Richard Jones, Marine Resources Planner (305 289-2805), to ensure that all work is performed satisfactorily. 21 . ." . . 24 . 10 . 22 . 19 20 . . 3 I!I 1 I!I 15 16 . . ~ :;O<S> 6 ';"A 5 . ~. ~ C'~ ~ ~<S> 1 ~ ~. ~ / replace DBN 3 3 . 2 .. 71 . replac~~ DBN.A8 "-.....18 / . 17 . 16 . 15 . 14 . Tavernier Creek ... /6a · 69 . . 11 . s U rtJ J 8 A replace.------------------- DBN8 7 I'J 5 . 1 . 3 . MONROE COUNTY Specifications For the RepairlReplacement/Installation of Aids to Navigation, Regulatory Markers, and Information Markers (updated 04/15/02) For all pilini!s: · Pilings shall be of timber treated with chromated copper arsenate (C.c.A.). · Pilings shall be of timber which will withstand the driving for which they are intended, · A straight line drawn from the center of the butt to the center of the tip shall not at any point face further away from the center of the pile than a distance equal to 1 % of the length of the pile. · Piles to be sufficient length to provide a minimum of four foot penetration into hard bottom or further penetration into other substrate so as to provide suitable permanent holding. The base of the dayboard must be eight feet above mean high water. · Black, cone head, round piling caps of the appropriate size should be mounted atop the piling using four stainless #6 nails (this includes all sign replacements). · Any pilings replaced will be removed and properly disposed of. For all shms: · Signage to be constructed of .125 gauge aluminum. . Signage must be USCG approved. · All signs should be pre-made (text, borders, etc.) by a County approved manufacturer. · Signs should be mounted so that the piling is not visible above the signs. · Signs for both standard (lnm nominal range) and smaller size (Yz mile nominal range) markers should be mounted such that the bottom of the sign is 8' above the water (MHW) · Hardware should all be stainless steel, including: 3/8" all-thread and 3/8" lag screws, 1 Yz" (o.d.) flat washers and 3/8" nuts. 1 Yz" (o.d.) plastic or nylon (or similar material) washers shall also be used to separate the aluminum signs from the stainless steel flat washers and nuts. ................................................................................................................................................................... 1 Standard size markers: Signs for these markers have a 1 nm nominal range. The standard size for such signs is- 3' x 3' green square, 4' x 4' red triangle, 3' x 3' diamond (danger), and 4' x 3' regulatory, and information signs. 12" diameter pilings (approximately) will be used for all standard size sign installations. For standard size signs mounted at the top of standard size pilings: A 12" long 2" x 4" pressure treated backing board should be installed horizontally 2" below the top of the piling (to provide room for the piling cap) and attached to the piling with four stainless #16 ring shank nails to prevent the board from rotating. The board will be beveled to provide a flat surface for the downward angle of the sign. The board will be installed so as to mount the signs to the appropriate approach angle of the marker route. For extreme angles, signs should be mounted one below the other to allow for the angle overlap (in which case all-thread on the sides would not be used). Two lag screws and two all-threads will be used to mount the signs. One lag screw (4" long) will be installed at the top of the sign, through the backing board and into the piling. The other lag screw (3" long) will be installed at the bottom of the sign into the piling. The two all-threads will be installed on the sides of the signs. Washers and nuts are to be used, both in front and back of the signs, to assist with adjusting the approach angle and ensure proper stiffness of the sign assembly. For standard size regulatory and information signs mounted below standard size lateral aid signs: The 4' x 3' signs should be mounted 4 inches below the lateral aid sign, using a beveled 12" long pressure treated 2"x4" for added support (attached with four stainless #16 ring shank nails). Signs should be attached using a 4" lag screw with washers at the top and 3" lag screw at the bottom. An all-thread will be installed at each side of the signs (if applicable). Washers and nuts are to be used, both in front and back ofthe signs, to assist with adjusting the approach angle and ensure proper stiffness of the sign assembly. Smaller size markers: For certain situations smaller size signs should be used (this will be indicated on the work order). These signs will have a 12 nm nominal range. The standard size for such signs is- 1 12' x 1 12' square green, 2' x 2' red triangle, and 3' x 2' regulatory and information signs. 9" diameter pilings will be used for all small size marker installations. For smaller size lateral aid signs: Signs should be mounted flat against the piling using two 3" long lag screws with washers, one at the top and one at the bottom of the sign. For smaller size regulatory and information signs: A 12" long beveled 2" x 4" pressure treated backing board should be installed horizontally 2" below the top of the piling (to provide room for the piling cap) and attached to the piling with four stainless #16 ring shank nails. One lag screw (4" long) will be installed at the top of the sign, through the backing board and into the piling. The other lag screw (3" long) will be installed at the bottom of the sign into the piling. If mounted beneath a lateral aid sign, a space of 4" should be provided. 2 EXHIBIT B MONROE COUNTY Specifications For the Repair/ReplacementJInstallation of Aids to Navigation, Regulatory Markers, and Information Markers (updated 04/15/02) For all oiline:s: · Pilings shall be of timber treated with chromated copper arsenate (C.C.A.). · Pilings shall be of timber which will withstand the driving for which they are intended. · A straight line drawn from the center of the butt to the center of the tip shall not at any point face further away from the center of the pile than a distance equal to 1 % of the length of the pile. · Piles to be sufficient length to provide a minimum of four foot penetration into hard bottom or further penetration into other substrate so as to provide suitable permanent holding. The base ofthe dayboard must be eight feet above mean high water. · Black, cone head, round piling caps of the appropriate size should be mounted atop the piling using four stainless #6 nails (this includes all sign replacements). · Any pilings replaced will be removed and properly disposed of. For all sie:ns: · Signage to be constructed of .125 gauge aluminum. · Signage must be USCG approved. · All signs should be pre-made (text, borders, etc.) by a County approved manufacturer. · Signs should be mounted so that the piling is not visible above the signs. · Signs for both standard (lnm nominal range) and smaller size (12 mile nominal range) markers should be mounted such that the bottom of the sign is 8' above the water (MHW) · Hardware should all be stainless steel, including: 3/8" all-thread and 3/8" lag screws, 1 12" (o.d.) flat washers and 3/8" nuts. 1 12" (o.d.) plastic or nylon (or similar material) washers shall also be used to separate the aluminum signs from the stainless steel flat washers and nuts. ................................................................................................................................................................... 1 Standard size markers: Signs for these markers have a 1 run nominal range. The standard size for such signs is- 3' x 3' green square, 4' x 4' red triangle, 3' x 3' diamond (danger), and 4' x 3' regulatory, and information signs. 12" diameter pilings (approximately) will be used for all standard size sign installations. For standard size signs mounted at the top of standard size pilings: A 12" long 2" x 4" pressure treated backing board should be installed horizontally 2" below the top of the piling (to provide room for the piling cap) and attached to the piling with four stainless #16 ring shank nails to prevent the board from rotating. The board will be beveled to provide a flat surface for the downward angle of the sign. The board will be installed so as to mount the signs to the appropriate approach angle of the marker route. For extreme angles, signs should be mounted one below the other to allow for the angle overlap (in which case all-thread on the sides would not be used). Two lag screws and two all-threads will be used to mount the signs. One lag screw (4" long) will be installed at the top of the sign, through the backing board and into the piling. The other lag screw (3" long) will be installed at the bottom of the sign into the piling. The two all-threads will be installed on the sides of the signs. Washers and nuts are to be used, both in front and back of the signs, to assist with adjusting the approach angle and ensure proper stiffness of the sign assembly. For standard size regulatory and information signs mounted below standard size lateral aid signs: The 4' x 3' signs should be mounted 4 inches below the lateral aid sign, using a beveled 12" long pressure treated 2"x4" for added support (attached with four stainless #16 ring shank nails). Signs should be attached using a 4" lag screw with washers at the top and 3" lag screw at the bottom. An all-thread will be installed at each side of the signs (if applicable ). Washers and nuts are to be used, both in front and back of the signs, to assist with adjusting the approach angle and ensure proper stiffness ofthe sign assembly. Smaller size markers: For certain situations smaller size signs should be used (this will be indicated on the work order). These signs will have a ~ run nominal range. The standard size for such signs is- 1 ~' x 1 ~' square green, 2' x 2' red triangle, and 3' x 2' regulatory and information signs. 9" diameter pilings will be used for all small size marker installations. For smaller size lateral aid signs: Signs should be mounted flat against the piling using two 3" long lag screws with washers, one at the top and one at the bottom of the sign. For smaller size regulatory and information signs: A 12" long beveled 2" x 4" pressure treated backing board should be installed horizontally 2" below the top of the piling (to provide room for the piling cap) and attached to the piling with four stainless #16 ring shank nails. One lag screw (4" long) will be installed at the top of the sign, through the backing board and into the piling. The other lag screw (3" long) will be installed at the bottom of the sign into the piling. If mounted beneath a lateral aid sign, a space of 4" should be provided. 2 1996 t;.OUlon - EXHIBIT C :r l\10NROE COUNTY, FLORIDA INSURANCE CHECKLIST FQR VENDORS SUBl\UTIING PROPOSALS FOR \VORK To assist in the development of your proposal, the insurance coverages marked with an .X. will be required in the event an award is made to your rum. please review this form with your insurance agent and have bimlher sign it in the place provided. It is also required that the bidder sign the form and submit it with each proposal. . WORKERS' COMPENSATION AND f:l"fPT ,OYFRS' LIABILTTY X Workers' Compensation x Employers Liability Employers Liability Employers Liability US Longshoremen &, Harbor Workers Act X Federal Jones Act Statutory LimLs S} OO,000lS500,000/$1 00,000 S300,000/$500,000/S500,000 S 1,900,0001$ 1 ,000,000/S 1 ,000,000 Same as Employers' Liabilit)' Same as Employers' Liability WC1 WC2 ~7C3 WCUSLH ~7CJA INSCKLST 1 AdminisuIlion lnsuuc\ion 14'7092 . -~.....-........... 'ClCl6 Ee,uon GENERAl 11 A.BT1 ~TY As a minimum, the required general liability coverages will inciude: . Premises Operations . Blanket Contractual . Expanded Definition of Property Damage Required Limits: GLl x GL2 GL3 GL4 Required Endorsement: GLXCU GLLIQ GLS . PrOQucts and Completed Operations Personal Injury . $100,000 per Person; $300,000 per Occurrence $50,000 Property Damage or $300.000 Combined Sinl!le Limit . - $250,000 per Person; $500,000 per Occurrence $50,000 Property Damage or $500,000 Combined Single Limit $500,000 per Person; $l,OOO,Oqo per Occurrence $100,000 Property Damage or . $1,000,000 Combined Single Limit $5,000,000 Combined Single Limit Underground, Explosion and Collapse (XCU) Liquor Liability Security Services All endorsements are required to have the same limits as the basic policy. AdminIstration lnstruc\lon 1/47092 lNSCKLST 2 -- ,. .....,""'. .....-... l'rI'U I;.UUKln VEHICLE LIABtL~~ . As a minimum, coverage should extend to liability for. . Owned; Non-owned; and Hired V ehj c;les Required Limits: X VLl VL2 VL3 VL4 BRl MVC PRO 1 PR02 PR03 POLl POU POL3 EDl ED2 GK1 G1<.2 GK3 \1l.1 X Admlnlsuatlon Instruction 14 70Q '2 S50,000 per Person: $100,000 per OCCUlTence S25,000 Property Damage . or S100,000 Combined Single Limit $100,000 per person; $300,000 per Occurrence S50,000 Property Damage . or S300,000 Combined Single Limit S500,000 per person; $1,000,000 per Occurrence S100,000 Property Damage or SI,OOO,OOO Combined Single Limit S5,000,000 Combined Single Limit . MlSCET .LA"'lf.:OUS cn~AGES Builders' Risk Limits equal to the completed project. Limits equal to the maximum ~ueofanyonegupm~~ S 250,000 per occurrencelS 500,000 Agg.' $ 500,000 per occurrcncelSl,OOO,OOO Agg. SI,OOO,OOO per occurrcnce/S2,OOO,OOO Agg. $ 500,000 per OccurrencelSl,OOO,OOO Agg. $1,000,000 per OccurrcncelS2,OOO,OOO Agg. S5,000,000 per OccurrencelSl0,000,000 Agg. S 10,000 S100,000 Motor Truck Cargo Professional Liability Pollution Liability Employee Dishonesty Garage S 300,000 ($ 25,000 per Veh) Keepers S 500,000 ($100,000 per Veh) $1,000,000 ($250,000 per Veh) Watercraft Liab~1~ty $500.000 INSCKLST 3 . . I bave reviewed the above requirements with the bidder named below. The following deducliblcs apply to the corresponding policy. WSURANCF.AG~TS~~TFMENT I ' DEDUCTIBLES POLICY Liability policies are _ OcCUlTence _ Claims l\'iade Signature I \" msurance Agency mDDF.RS ST A TEMENi . 1 understand the insurancc that will be UIllIl<iatory if awarded the contract and win comply in iUlI with all the requirements. Signature Bidder INSCKLST " AdminiSU1llion lnslruction U'J09.1 .. ~~---- \VORKERS' COMl'ENOA TION INSURANCE REQUlREf\tENTS FOR CONTRACT I BET\VEEN tttONROE COUNTY, FLORIDA AND 1996 t:.daUon Prior to the conunencement of work governed by this contraCt, the ContraCtOr sball obtain Workers' Compensation Insurance with limits sufficient to respond to Florida StatUte 440. In addition, the ContraCtor sba1l obtain Employers' Uability Insurance with limits of not less than: S100,OOO Bodily Injury by Accident S500,OOO Bodily Injury by Disease, policy limits S100,OOO Bodily Injury by Disease, each employee( Coverage shall be maintained throughout the entire teml oftt:e contraCt. Coverage shal1 be provided by a company or companies authorlzed to uansact business in the state of Florida. If the ContraCtor bas been approved by the Florida's Department of Labor, as an authorized self- Insurer. the Cowtty shall recognize and honor the ContraCtor's statUS- The ContraCtOr may be required to submit a Letter of Autborizalion issued by the Department of Labor and a certifieate of Insurance, providing details on the Contractor's Excess Insurance Program. If the Conuactor panicipates in a self-Insurance fund, a Certificate ofInsuranCC will be required In addition, the ContraCtOr may be required to submit updated financial statements from the fun' upon request from the County. Administration lnSU\lcuan 14109.1 \yel ~,~- \VO RKERS' CO~{ri::N:;A TION INSURANCE REQUIREMENTS FOR CONTRACT I' 1~6 Edition Recognizing that the work governed by this contract involves Maritime Operations, the Contractor's Workers' Compensation Insurance Policy shall include coverage for claims subject to the Federal Jones Act (46 U.S.C.A. subsection 688) with limits not less than those specified for Employer's Liability. BET\VEEN MONROE COUNTY, FLORIDA AND The Contractor shall be pennitted to provide Jones Act Cove~ e 1hrough a separate protection and Indemnity Policy. in so far as the coverage provided is no less restrictive than would have been provid. by a W orkersl Compensation policy. l AdmlnlSUI\lOn InS\NC\ion ,.noq , \\'CJA .. ~'---. 1996 E.dlllon GENERAL LIABU;:TY. INSURANCE REQUIRE1\iENTS FOR CONTRACT I BETVvEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor sball obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contraCt and include, as a minimum: . Premises Operations . Products and Completed Operations . Blanket Contractual Liability . Personal Injury Liability . Expanded Defmition of Property Damage The minimum limits acceptable shall be: S300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: #. SlOO,OOO per person $300,000 per Occmrence $ 50,000.Property Damage An Occurrence Fonn policy is preferred. If coverage is provided on a Claims Made policy. its pro\wons should include coverage for claims filed on or after the effective date of this contraeL In addition, the period for wIticb claims may be reported should ~d for a minimum of twelve . (12) months following the acceptance of work by the County. . . ..- The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfY the above requirements. GLI Administration lnstNCtlan 14109.1 - -..... ,.--. I ~6 F.dllwn VEHICLE LIABILil=t '. INSU~"'CE REQUIREMENTS FOR CONTRACT BETWEEN l\fONROE COUNTY, FLORIDA AND Recognizing that the work governed by this conuact requires the use of vehicles, the conuactOr, prior to the commencement of work. shall obtain Vehicle Liability Insurance- Coverage sbal1 be maintained tbraughoUl the life of the conuact and include, as a minimum. liability coverage for: . Owned, Non-Owned, and Hired V chicles The tJ";nimum limits acceptable shall be: . $100,000 Combined Single Limit (CSL) .a If split limits are provided, the minimum limits acceptable shall be: . , $ 50,000 per person $100,000 per Occurrence $ 25,000 property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. VLl KO ^dnlimlilfauun In''lrueuan u1aQ 1 ~ , .....-----. ,..,...,U L:,.UU,,,H ,V A TER CRAFT LIABI.1.J,TX INSURANCE REQUlREl\'CEN1'S FOR CONTRACT , ' BET\\'EEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract; the Contractor shall obtain Water Craft Liability Insurance with terms no less restrictive than those found in the standard" American Institute Hull Clauses" (June 2, 1977 edition). Coverage shall be maintained throughout the nfe of the contraCt and include, as a minimum: . Injury (mcluding death) to any person . Damage to FIXed or Movable ObjectS !, . Costs Associated with the RemoVal of Wrecked Vessels . ContraCtUal LiabUity with Respect to this Contract lfthe policy obtained Slates that coverage applies for the " ACf!i.lJr Omissions ofa Vessel". it shall be endorsed to provide coverage for the lega11iability of the shipo\\'Oer. The minimum limits acceptable shall be: $500,000 Combined Single Limit (CSL) Coverage provided by a protection and Indemnity Club (P~1) shall be subject to the approval of the County. ". The Monroe County Board of CoUnty COUlmissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. . . \VLl Adm,nmralil3n Im-u\lcuOft '47091 ~.......;...---