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HomeMy WebLinkAbout20-58 Hydro Resources Construction Contract Gould Vertical Wells 05-27-2020RESOLUTION N0.20-58 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING AN AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND HYDRO RESOURCES -ROCKY MOUNTAIN, INC., FOR DRILLING SERVICES REGARDING THE ST. VRAIN WATER TREATMENT PLANT PROJECT'S GOULD VERTICAL WELLS WHEREAS, the Town of Firestone ("Town") is in need of a contractor to drill the three Gould Vertical Wells required for the St. Vrain Water Treatment Plant Project; and WHEREAS, the Town solicited bids for such services and selected Hydro Resources . Rocky Mountain, Inc., as the lowest responsive bidder. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, The Agreement between the Town of Firestone and Hydro Resources -Rocky Mountain, Inc., for Drilling Services, regarding the Gould Vertical Wells is approved in substantially the same form as the copy attached hereto and made a part of this resolution and the Mayor is authorized to execute the Agreement on behalf of the Town. INTRODUCED, READ AND ADOPTED thisQ-00 /day of , 2020. ayor ATTEST: J ssi a Koenig, Town AS TO e c Willie. Hayashi, Town CONSTRUCTION CONTRACT THIS CONSTRUCTION CONTRACT (the "Construction Contract" or "Agreement") is made and entered into thisday of 2020 (the "Effective Date"), by and between the TOWN OF FIRESTONE, a Colorado municipal co4ration with an address of 151 Grant Avenue, P,O, Box 100, Firestone, Colorado 80520 (the "Town" or the "Owner"), and HYDRO RESOURCES — ROCKY MOUNTAIN, INC. an independent contractor with a principal place of business at One Sugar Creek Center Blvd., Ste 400, Sugar Land, TX 77478 ("Contractor") (each a "Party" and collectively the "Parties"). WHEREAS, the Town requires services; and WHEREAS, Contractor has held itself out to the Town as having the requisite expertise and experience to perform the required services. NOW THEREFORE, for the consideration hereinafter set forth, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: I. SCOPE OF WORK A. Contractor shall complete all Work and perform all Services which are described or reasonably implied from the Scope of Work set forth in Exhibit A and the Contract Documents, attached hereto and incorporated herein by this reference and known as: Gould Vertical Well Drilling (W2020=9527) B, A change in the Scope of Work shall not be effective unless authorized as a written amendment to this Agreement or change order in accordance with the Contract Documents, If Contractor proceeds without such written authorization, Contractor shall be deemed to have waived any claim for additional compensation, including a claim based on the theory of unjust enrichment, quantum merit or implied contract, Except as expressly provided herein, no agent, employee, or representative of the Town is authorized to modify any term of this Agreement, either directly or implied by a course of action. C. Within 10 days of the Effective Contract Date, Contractor shall provide the performance bond and labor & ICI terial payment bond and cercate of insurance required by the contract Documents, II. DESIGN PROFESSIONAL This Project has been designed by: McGrane Water Engineering LLC, who is hereinafter called DESIGN PROFESSIONAL and who is to act as FIRESTONE's representative, assume all duties and responsibilities and have the rights and authority assigned to DESIGN PROFESSIONAL in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents, Page 1 of 11 F R 319K III. CONTRACT TIMES; COMMENCEMENT AND COMPLETION OF WORK A. The Work shall be substantially completed within 60 days of the Effective Date of this contract, and shall continue until Contractor completes the Scope of Services to the satisfaction of the Town, or until terminated as provided herein. Be Either Party may terminate this Agreement upon 30 days advance written notice. The Town shall pay Contractor for all work previously authorized and completed prior to the date of termination. If, however, Contractor has substantially or materially breached this Agreement, the Town shall have any remedy or right of set-off available at law and equity. C. Should a delay in completion constitute a compensable inconvenience to the Town and its residents, the liquidated damages established in this Section shall be enforced. Such damages are not a penalty, the parties recognize the delays, expense and difficulties involved in proving the actual loss suffered by the Town if the Work is not completed on time. For each day that all or a portion of the Work is delayed beyond the deadlines set forth in Section III hereof, plus any extensions thereof allowed, the Contractor shall be assessed the amount of two hundred fifty dollars ($250) each day until the Work is complete. IV. COMPENSATION Inconsideration for the completion of the Work by Contractor, the Town shall pay Contractor, subject to all of the terms and conditions of the Contract Documents, an amount not to exceed $78,887.00 (the "Contract Price"). The Contract Price shall include all fees, costs and expenses incurred by Contractor, and no additional amounts shall be paid by the Town for such fees, costs and expenses. V. PAYMENT PROCEDURES Contractor may submit Applications for Payment for completed work per the UNIT -PRICE BID FORM or the LUMP -SUM BID FORM. Contractor may submit periodic invoices, which shall be paid by the Town within 30 days of receipt. VI. RESPONSIBILITY A. Contractor hereby warrants that it is qualified to assume the responsibilities and render the services described herein and has all requisite corporate authority and licenses in good standing, required by law. Be The Work performed by Contractor shall be in accordance with generally accepted practices and the level of competency presently maintained by other practicing contractors in the same or similar type of work in the applicable community. C. The Work performed by Contractor hereunder shall be done in compliance with applicable laws, ordinances, rules and regulations, including the Keep Jobs in Colorado Act, C.R.S. 8-17-101, et seq. Page 2 of 11 F KL31U L (the "Act") and the rules adopted by the Division of Labor of the Colorado Department of Labor and Employment implementing the Act (the "Rules"). D. The TOwn's review, approval or acceptance of, or payment for any completed Work shall not be construed to operate as a waiver of any rights under this Construction Contract or of any cause of action arising out of the performance of this Construction Contract. E. Contractor hereby warrants to the Town that all materials and equipment used in the Work, and made a part of the Work, or placed permanently in the Work, shall be new unless otherwise specified in the Contract Documents. Contractor further warrants that all equipment and materials shall be of good quality, conform to the requirements of the Contract Documents and will be free from defects. All Work, materials, or equipment not conforming to the Contract Documents shall be considered defective. F. The Contractor shall warrant and guarantee all materials and equipment furnished under the Contract and all Work performed for one year after the date of Substantial Completion. Under this warranty, Contractor agrees to repair or replace, at its own expense, any Work that is found to be defective. The expiration of the warranty period shall in no way limit the Town's legal or equitable remedies, or the period in which such remedies may be asserted, for work negligently or defectively performed. VII. OWNERSHIP Any materials, items, and work specified in the Scope of Work, and any and all related documentation and materials provided or developed by Contractor shall be exclusively owned by the Town. Contractor expressly acknowledges and agrees that all work performed under the Scope of Work constitutes a "work made for hire." To the extent, if at all, that it does not constitute a "work made for hire," Contractor hereby transfers, sells, and assigns to the Town all of its right, title, and interest in such work. The Town may, with respect to all or any portion of such work, use, publish, display, reproduce, distribute, destroy, alter, retouch, modify, adapt, translate, or change such work without providing notice to or receiving consent from Contractor. VIII. INDEPENDENT CONTRACTOR Contractor is an independent contractor. Notwithstanding any other provision of this Construction Contract, all personnel assigned by Contractor to perform work under the terms of this Construction Contract shall be, and remain at all times, employees or agents of Contractor for all purposes. Contractor shall make no representation that it is a Town employee for any purposes. IX. INSURANCE A. Contractor agrees to procure and maintain, at its own cost, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by Contractor pursuant to this Construction Contract. At a minimum, Contractor shall procure and maintain, and shall cause Page 3 of 11 � H319K any subcontractor to procure and maintain, the insurance coverages listed below, with forms and insurers acceptable to the Town. 1. Worker's Compensation insurance as required by law. 2. Commercial General Liability insurance with minimum combined single limits of $1,000,000 each occurrence and $2,000,000 general aggregate. The policy shall be applicable to all premises and operations, and shall include coverage for bodily injury, broad form property damage, personal injury (including coverage for contractual and employee acts), blanket contractual, products, and completed operations. The policy shall contain a severability of interests provision, and shall include the Town and the Town's officers, employees, and contractors as additional insureds. No additional insured endorsement shall contain any exclusion for bodily injury or property damage arising from completed operations. B. Such insurance shall be in addition to any other insurance requirements imposed by law. The coverages afforded under the policies shall not be canceled, terminated or materially changed without at least 30 days prior written notice to the Town. In the case of any claims -made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. Any insurance carried by the Town, its officers, its employees, or its contractors shall be excess and not contributory insurance to that provided by Contractor. Contractor shall be solely responsible for any deductible losses under any policy. C. Contractor shall provide to the Town a certificate of insurance as evidence that the required policies are in full force and effect. The certificate shall identify this Construction Contract, X. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the Town and its officers, insurers, volunteers, representative, agents, employees, heirs and assigns from and against all claims, liability, damages, losses, expenses and demands, including attorney fees, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this Construction Contract if such injury, loss, or damage is caused in whole or in part by, the act, omission, error, professional error, mistake, negligence, or other fault of Contractor, any subcontractor of Contractor, or any officer, employee, representative, or agent of Contractor, or which arise out of a worker's compensation claim of any employee of Contractor or of any employee of any subcontractor of Contractor.MWWWW XI. ILLEGAL ALIENS A. Certification. By entering into this Construction Contract, Contractor hereby certifies that, at the time of this certification, it does not knowingly employ or contract with an illegal alien who will perform work under this Construction Contract and that Contractor will participate in either the E-Verify Program Page 4 of 11 FRESDH administered by the U.S. Department of Homeland Security and Social Security Administration or the Department Program administered by the Colorado Department of Labor and Employment to confirm the employment eligibility of all employees who are newly hired to perform work under this Construction Contract, B. Prohibited Acts. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Construction Contract, or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Construction Contract. C. Verification. 1. If Contractor has employees, Contractor has confirmed the employment eligibility of all employees who are newly hired to perform work under this Construction Contract through participation in either the E-Verify Program or the Department Program, 2. Contractor shall not use the E-Verify Program or Department Program procedures to undertake pre -employment screening of job applicants while this Construction Contract is being performed. 3. If Contractor obtains actual knowledge that a subcontractor performing work under this Construction Contract knowingly employs or contracts with an illegal alien who is performing work under this Construction Contract, Contractor shall: notify the subcontractor and the Town within 3 days that Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien who is performing work under this Construction Contract; and terminate the subcontract with the subcontractor if within 3 days of receiving the notice required pursuant to subsection 1 hereof, the subcontractor does not stop employing or contracting with the illegal alien who is performing work under this Construction Contract; except that Contractor shall not terminate the subcontract if during such 3 days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien who is performing work under this Construction Contract. D. Duty to Comply with Investigations. Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation conducted pursuant to C.R.S. § &17.5-102(5)(a) to ensure that Contractor is complying with the terms of this Section XI, E. Affidavits. If Contractor does not have employees, Contractor shall sign the "No Employee Affidavit" attached hereto. If Contractor wishes to verify the lawful presence of newly hired employees who perform work under the Construction Contract via the Department Program, Contractor shall sign the "Department Program Affidavit" attached hereto. Page 5 of 11 FSESTONE XII. CONTRACT DOCUMENTS The Contract Documents, which comprise the entire agreement between the Town and Contractor concerning the Scope of Services, consist of the following: A. Exhibit to this Construction Contract: 1. Exhibit A: Contract Specifications (by reference) 2. Exhibit B: Completed Bid Form (attached) B.. Performance Bond. There are no Contract Documents other than those listed above in this Section XII. XIII. MISCELLANEOUS A. Governing Law and Venue. This Construction Contract shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in Weld County, Colorado. B. No Waiver. Delays in enforcement or the waiver of any one or more defaults or breaches of this Construction Contract by the Town shall not constitute a waiver of any of the other terms or obligation of this Construction Contract, C. Integration. This Construction Contract and any attached exhibits constitutes the entire agreement between the Parties, superseding all prior oral or written communications. D. Third Parties. There are no intended third -party beneficiaries to this Construction Contract. E. Notice. Any notice under this Construction Contract shall be in writing, and shall be deemed sufficient when directly presented or sent pre -paid, first class U.S. Mail to the Party at the address set forth on the first page of this Agreement. F. Severability. If any provision of this Construction Contract is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect. G. Modification. This Construction Contract may only be modified upon written agreement of the Parties. H. Assignment. Neither this Construction Contract nor any of the rights or obligations of the Parties shall be assigned by either Party without the written consent of the other. Page 6 of 11 RUM I. Governmental Immunity. The Town and its officers, attorneys and employees, are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24- 10-101, et seq., as amended, or otherwise available to the Town and its officers, attorneys or employees. J. Rights and Remedies. The rights and remedies of the Town under this Construction Contract are in addition to any other rights and remedies provided by law. The expiration of this Construction Contract shall in no way limit the Town's legal or equitable remedies, or the period in which such remedies may be asserted, for work negligently or defectively performed. K. Subject to Annual Appropriation. Consistent with Article X, § 20 of the Colorado Constitution, any financial obligation of the Town not performed during the current fiscal year is subject to annual appropriation, shall extend only to monies currently appropriated, and shall not constitute a mandatory charge, requirement, debt or liability beyond the current fiscal year. Page 7 of 11 F 01WOOL IN WITNESS WHEREOF, the Parties have executed this Construction Contract as of the Effective pate. STATE OF ss. COUNTY OF Z I TOWN OF FIRESTONE! %AV .ORADO Print Name :, , M% Q►mn?..IC .1r' Title :- HYDRO RESOURCES- ROCKY MOUNTAIN, INC. By: Print Name :.�a. � 17c�. s/c Title The foregoing instrument was su scribed, s n to and acknowledged b re me thi�'�ay of , zuzu, by as E:: C' of My commission expires: MV L-f dp of {SEAL) G RllSSELL .ICJ rvurary rwu� Page 8 of 11 FIRESTONE DEPARTMENT PROGRAM AFFIDAVIT 7'o be completed only n Contractor participates in the Department of tabor Lam Presence Verification Program as a public contractor under contract with the Town of Firestone (the "Town"), hereby affirm 1. I have examined or will examine the legal work status of all employees who are newly hired for employment to perform work under this public contract for services ("Agreement") with the Town within 20 days after such hiring date; 2. I have retained or will retain file copies of all documents required by 8 U.S.C. § 1324a, which venfy the employment eligibility and identity of newly hired employees who perform work under this Agreement; and 3. I have not and will not alter or falsify the identification documents for my newly hired employees who perform work under this Agreement. Signature STATE OF COLORADO ) ) 5S. COUNTY OF 5�26%Za Date The foregoing instrument was subscribe wom to and acknowledge before me thi��-da of Y 2020, by `^ ,c' as of My commission expires: ��,� (SEAL) Notary Public Page9of11 FIRESTONE EXHIBIT A Contract Specifications by Mcurane Water Engineers (74 pages by reference) Page 10 of 11 E HSTUR EXHIBIT B Completed Bid Form (following 4 pages) Page 11 of 11 A�11 1 SE%.11"N 4jU4UU BIA FURIVt TO; Owner: Town. of Firestone 51 Grant Ave, P.0 Box. 100 f irestone, CO 80520 pRC?,11E1C'I': Gould Site Wellfield - Vertical Wells 1 HE UNi1ERSIG1Vi? BD►DER, having familiarized himself with tlue work required by the Contract Documents, the site where the Work is to be performed, local labor conditions and all laws, regulations and other factors affecting performance of the Work, and having satisfied himself of the expense and difficulties attending performance of the Work, HEREBY PRC?FOSES and agrees, if tluis Bid is accepted, io enter inio Agreement in the. Form attached, to perform all work, including the assumption of all obligations, duties and responsibilities necessary to the successful completion of the Agrectnent and the furnishing of materials and equipment required to be incorporated in and form a permanent part of the Work, tools, equipment, supplies, transportation, facilities, labor, superintendence and services required to perform the Work; and Bond, insurance and submittals, all as indicated or specified in the Contract Documents to be performed or furnished by Contractor in accordance with the following Bid prices (Contractor must submit on Base Bid and Bid Alternates, if any, to be considered). A> i3A,SE BID PRICE. ��r'Viwr�r �F,'v,,� 7Rdv�w�.��. (tk LZU L 4 ) based on unit prices shown on Scheauie A B. Big} PRI�E AI,TERNA'�`i'h'E: �Ideduct the following.. �t'from above base bid- far addiit dclkw ng (describe addition or deletion): ftrx �1tov ,�wdt�wt Xr«.�.+� t y " Dollars The undersigned Bidder agrees to furnish the required Bond and enter into Af;reeinent within TEN (l0) days after acceptance of this Bid, and further agrees to complete all work covered by the Bid, in accordance with specified requirements and in accordance with the followin„ schedule; 1. Startup of all `Major Equipment 2. Substantial Completion (Ready for PunclYlist): 3. Punclalist s�9oGran� 'VVaier Engineering, llc. April, 202t) 21 D Days -- 30 Days Ci(14t)Gl B1t3 pC3RM PROPOSAL TO: Town of Firestone PROJI Cf: Could Site weifflel V erticai `4yells o EXIJIBIT Bid Sheet 1 PerSp ecillaeations � A iddle Well Item Arnt, Chit Description Unit Pl ice Unit Total ,Price Mobilization and demobilization (including 1, 1 Is all equipment and materials for this well Lump Sinn $ d, /*/S';t and building custom surge block) 2 35 ft Auger min. 26-in diameter hole to bedrock. $ 60 U per ft. $ 9,11 Ate 3 1 Is Provide temporary 24win diameter casing Gump Sum1�,U 4 1 Is Install tcmporary 24-in diameter casing Lump Surn $ Bo 3 � into bedrock 5 9 ft Auger 24-in diameter hole in bedrock to 43 $ �► per ft, $ ,S; 0 74 6 4 his Sand pump or bail remaining borehole fluids with punipqriu 0190 per fin $ C, / 4 o �-• 7 3( ft Provide and install 18-inch casing (+2 to $ ' 4 " 27 ft and 35 to 42 ft) CZ per ft. $, 8 8 ft Provide and install I &inch pipe size perft. j, stainless steel well screen 0.10" slat 9 12 #t Install gravel pack (washed pea gravel) $ ,�. f :' f't. S„ t using thepull-back method 24-32 ft per I� f ft Provide and install bentonite chips (19-20 $ 31 _ ft � perft* p .3 I 1 13 ft Cement well 6.19 ft. $E l 0 2� per ft. $ !� 3 Well development per specificatiouSs 12 to hrs (surging With custom dual swab surge $ f 6.3 , !rO per Iir, $ /Y G 3 '= block and baili _) 13 1 Is Well disinfection Lump Sum $ j '� TOTAL $ $ Optional Additionals of $ ft Pour bentonite pellets into sump annulus $ �.. via tremie if required for pciinit variance / 3 0 per ft. $ /X 0 4.11) 02 t) ft Standb Time IF $ 74) C} per hr, $ 03 t) ft Hourly Rig Work $ .5 o o per fir, $ � N1cCrranc'Water Engineering, Ile Tyage fi Aft) April. 2t12tf k3fD FORM PROPOSAL'M town of Firestone PRflJk * T: Gould Site Weliiield � Vertical Wells � EXUIRITAA Bid Sheet 2 Per Specifications - East Well Item Amt. Unit Description Unit Price iJnit Total Price I I Is lkfobilirltion between wells Lump Sum 2 32 ft Auger tin. 264 diameter hoic to bedrock $ '" per ff. $ 14 is A 0 3 32 Install temporary 24-in diameter casing into $ "'' per ft. 40,'� bedrock 4 9Auger 204n diameter hold in bedrock to 40 ft $ ! & U 00 per tl. $ " 4140 rtl and remove cuttin"s 5 4 Sand pump or bail remaining borehole fluids $ per hr. $ t f 11 (0 b 6 33Provide and inrstall 18•inclt easing (+2 to 24 tt $ G per ft. $ � �( (o6 and 32 to 39 ft 7 8 ft Provide and install 184nch pipe size stainless $ ,,, ft $ � steel Well screen (0.160" slot)+, per . �, t toe 8 12 ft Install gravel pack (washed pea grmvel) using $ d Pet• the ull-back method 20w32 ft 9 1 P4 ft Provide and install bentonite. chips (19�20 ft) $ i '� per 11. $ ,2 3 l 10 13 ft Cement "sell 6-19 ft, $ t per tt. $ 11 10 hri Well development per spLvifications (surging $ t � � � per hr, $ /� � � •� Mth custom dual swab surge block and baitink) 12 1 Is Well disinfection Lump Sutn $ 71 TOTALS $ Optional Additionals Ol S ft Pour bentonite pellets into sump annulus via r� $ f 3 0 per ft. «� $ {� 04 U10 -- tremie if rc uired far enuit variance 02 0 ft Standby 'I line $ 3 C) o per hr.. $ 03 0 ft Hourly Rig Work 0per hr. $ U L1cGrane Water Engineering,. Ile Page 7 of 9 April, 202{) l3lD F©I2M C'ROPOSAL TO: Town of Firestgne PROJECT: Go ld Site Weiffleld— Vertical Wells — EXHIBIT B Bid Sheet 3 Per Specifications - West Well Item Amt. Unit Description Unit Price Unit Total Price l 1 is Mobilization between wells Lune Sum $ it 3 8 "t 2 35 ft Auger min. 26"in diameter hole to bedrock S .4* t per fl. $ rxj 00 `= 3 1 Is Install temporary 24-in diameter casing into io bedrock Lump Stun $ ago 4 9 ft :huger 204n diameter hole in bedrock to 43 tt and & $ v remove cuttings per y, 0 7 G S 4 firs Sand pomp or bail remaining borehole fluids with S Pump4 ;Lj o Per fir. $ ,b, 6 3G ft Provide and install I b-inob casing (1-2 to 27 ft and $ ay, per ft. $ l 35 to 42 ft „ 7 S Provide and install f g-b�h pipe size stainless steel a„ well screen (0.160" slot) $ 3 5 l per il` $ I«e2 l; 12 ft install gravel pack (washed pea gravel) using the S .» " per ft. iull-back method 20-32 ft 9 1 ft Provide and install bentonite chips (19-20 ft) $ j `^o Per I't. $ 013 j 1>0 10 13 ft Cernent well 6A 9 ft. $ f ��` per ft. 41 =` 11 10 firs Well development per speciriicatioru (surging with custom dual swab surge block and bailing) Per fir. 12- 1 is Well disinfection Lump Sum $ y"r► $ TOTAL$ $ Optional Additfonals 01 S ft Dour bentonite Pellets into sump annulus via tremie $ o a if required for enitit variance j 0""10 per ft. 02 0 ft Standby Time $ .3 &0 ='= per br. 03 0 ft 1fourly. Ri Work y "nd Bid Sheet East Well - Bid Sheet Bid Amount 3AI eo 4 gr Middle Well _ Bid Sheet a0,V38 Itr West Well Bid Sheet .3 Bid Total ?' ; 767 TI>e undersigned hereby proposes and agrees that lye will complete all the work described itx contract documents (Exhibit A}, cpmplete in place attd ready for operation ��ritliin 4S calendar days from the date of this mutually executed contract, CONTRA Mcrane ater Engineering, llc April, 2020 GW DATE Page ;3 of 9 B1zi �OlrlVi