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Thomas Gleason PROPOSAL FOR TOWN OF WAPPINGER UNITED WAPPINGER WATER DISTRICT ROUTE 9 WATER MAIN LOOP CONTRACT NO. 13-010 DIVISION 200 BID FORM PREPARED BY: MORRIS ASSOCIATES ENGINEERING CONSULTANTS, PLLC 9 ELKS LANE POUGHKEEPSIE, NEW YORK 12601 DECEMBER 2013 REVISED FEBRUARY 2014 MA#: W21215.122 +^- THE TOWN RESERVES THE RIGHT TO REJECT ANY OR ALL BIDS. EACH BID FORM SHALL BE ACCOMPANIED BY BID SECURITY (AS DESCRIBED IN THE INSTRUCTION TO BIDDERS). BID FORM fir. TO THE TOWN BOARD, TOWN OF WAPPINGER, NEW YORK Pursuant to and in compliance with your invitation to bid contained in the Notice to Contractors dated , TOWN OF WAPPINGER UNITED WAPPINGER WATER DISTRICT ROUTE 9 WATER MAIN LOOP CONTRACT NO. 13-010 (month) (day) (year) the undersigned hereby proposes to furnish all labor, machinery, equipment, facilities, tools, transportation, supplies, materials, insurances, permits, certificates, tests, guarantees, protection of equipment and property and life during construction; as well as competent and qualified supervision for all phases of the work, and other facilities and things necessary or proper for or incidental to, Town of Wappinger Route 9 Water Main Loop, Town of Wappinger, as required by and in strict accordance with the plans, specifications and all other documents relating to Contract No. 13-010, for the prices stipulated and as shown on this bid form. .~--- ~ Name of Bidder: ~ ~--~"~ ~~~ ~ ~ (Individual, Partnership, o- o_ rporai * Circle applicab a word r LLC)* The undersigned declares that the bidding and contract documents have been carefully examined and that all things necessary for the completion of the work shall be provided. Receipt of the following addenda is hereby acknowledged: ADDENDUM NO. 1 ADDENDUM NO. 2 ADDENDUM NO. 3 ADDENDUM NO. 4 DATE SIGNATURE 200 01 e:\documents\t wappinger\a w2008\w208D2 united wapp water\w20802.12 meadow_rte9 loops filtration\specs\route 9 loop\generalldiv 200.doc ~• In consideration of, and to induce the award of this contract to him/her, the bidder represents and warrants that: (a) If this bid is accepted by the Town Board, Town of Wappinger, as evidenced by issuance of a Notice of Award by the Owner, and mailed by registered mail with return receipt requested to the address of the bidder as indicated on his/her bid, the bidder will execute a contract on the form of agreement herein provided and will comply with all provisions of said Notice of Award. (b) This bid is made without any understanding, agreement or connection with any other person, firm or corporation making a bid for the same work, and that it is in all respect fair and without collusion or fraud. (c) The bidder has carefully examined and fully understands all of the parts of the contract documents, and that the bidder will execute the contract and will completely perform it in strict accordance with the provisions thereof for the sum set forth on the bid. Unit Prices have been computed in accordance with the Contract Documents. Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and ~ final payment for all Unit Price Bid items will be based on actual quantities, determined as provided in the Contract Documents. (d) No officer or employee of the Town Board, Town of Wappinger, or any person whose salary is payable in whole or in part by the Town Board is, shall be, or shall become interested directly or indirectly as a contracting party, partner, stockholder, surety or otherwise in this bid or in the performance of the contractor in the supplies, materials or equipment, or to work or labor to which it relates, or in any portion of the profits thereof. (e) The bidder is not in arrears to the Town Board upon debt or contract and is not a defaulte€as surety, contractor, or otherwise upon any obligation to the ~,,,, Town Board, Town of Wappinger. (f) All work shall be completed within the time allotted, from the date specified in the Notice to Proceed or set by the contract documents, mailed to the undersigned by registered mail with return receipt requested to the legal address of the bidder as indicated on his/her bid. (g) If the bid documents contain any unlawful provision not an essential part of the bid and which shall not appear to have been a controlling or material inducement to the making thereof, the same shall be deemed of no effect and will upon notice by either the Owner or the bidder be deemed stricken from the bid documents without affecting the binding force of the remainder. 200 02 e:ldocuments\t wappinger\a w20D8\w20802 united wapp water\w20802.12 meadow_rte9 loops filtration\specslroute 9 loop\general\div 200.doc (h) Each and every provision of any law and clause required by law to be inserted in the bid documents shall be deemed to be inserted herein and the bid documents shall be read and enforced as though it were included herein; ~'"' and if through mistake or otherwise any such provision is not inserted or is not correctly inserted, then upon the application of either party, the bid documents shall forthwith be physically amended to make such insertion. (i) The bidder is financially solvent and sufficiently experienced and competent to perform the work. (j) The work can be performed as called for by the proposal and that the plans and specifications are in all respects suitable and adequate for the work. (k) The facts stated in his/her bid and the information given by him/her are true and correct in all respects. (I) The bidder is fully informed regarding all the conditions affecting the work to be done and labor and materials to be furnished for the completion of this contract, and that his/her information was secured by personal investigation and research. (m) In the event of a lawsuit, the bidder agrees that said suit shall be filed in the same county as the location of the project. BID FOR CONTRACT WORK: Base Bid Install water distribution improvements and related items in accordance with the Contract ~ Documents. The signatory to this bid, for all work proposed, items furnished and strict compliance with all provisions of each and every Contract Document relating to Contract 13-010, agrees to accept (unless modified pursuant to the terms of the General Conditions) a total, final and fixed contract price not to exceed: ~ ~cE ~{ ~ L~~ o~ t-~o~ l~ ~~9c~ ~~ ~N ,-~ l-z~~ci lrroy5~~ ~ R5 (Words) ~ . ~-~~ , c~©, o0 (Figures) D MARS 1 2014 200 03 TOWN OF WAPPINGER TOWN CLERK e~\documents\t wappingerla w20061w2D802 united wapp water1w20802.12 meadow rte9 loops filtrationlspecslroute 9 loop\general\div 200.doc '' Also made a part of this bid is t attached documentation per Division 100, Article C.3. ~~^ Sign Bid Here AUTHORIZED SIGNATURE Print Name ~~~ t C`h ~"``z-A"~`~ Title ~ ~ ~-~-~ ~ ~ ~ ~ ', ~ ~~ Official Company Name ~ '-+-P~S ~~~`~"~ ('JC' (Individual, Partners ;Corporate , LLC)* * Circle applicable wor Company Mailing Address Federal Employer Identification No. Telephone No. r------ ~~ ~ ~L~ ~p ~ ~~ ~ ~P kC STREET CITY STATE ZIP CODE 1 ~-I ~ I y3~~1g3 U~-t~ - ~SL-I- 3'130 1 G3~~~p~ CAD MAR 31 2014 T~wN OF INAPpING __,_TO VVN CLERK ER ~: ti6 200 4 e:\documents\t wappinger\a w2008\w20802 united wapp water\w20802.12 meadow_rte9 loops filtration\specslroute 9 loop\general\div 200.doc (If bidder is a corporation, fill in the following blanks.) Organized under the laws of the State of: I V (,J '1 ~~?X- Name and Address of President: ~H-t~l~-f'c~S L ~ ~ ~-'~~~~ Name and Address of Secretary: ~~1)~ G~~-'_ ~~~ ~-- I H~ V I ~~tvts, F ~ P, Name and Address of Tyr: t 2~~ J6 ~4K 5~~. 1~ (If bidder is a Limited Liability Company, fill in the following blanks.) Organized under the laws of the State of: Name of Manager or Managing Member: Agent for Service of Process: Address for Service of Process: 200 05 e:ldocuments\t wappinger\a w2008\w20802 united wapp water1w20802.12 meadow_rte9 loops filtration\specs\route 9 looplgeneralldiv 200.doc ~ ~>~ N err STATE OF NEW YORK ) ~~ C>h~sS ~ SS: COUNTY OF On theme day of M ~Y L~ ~b~~ before me, the undersigned, a Notary Public in and for said State, personally appeared ~G~'h(~ G~ ~~C~S(M "" personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that i~`• he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. NOTARY PUBLIC Ilw - KELLY L TRAVER Notary Public, State of New York Reg. 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O m ~ ~ ~ ~ ~" w U ~ ~ z `~' ~ ~ ~ ~ ~ O ~ ~ 4~ w ~ ~ ~ p ~ v I~& H ~ ~ ~ ~ T ~ ~ h ~ ~ T ~ ~ ~ ~ ~i ~ ~ ~ ~ ~ ~Z ~ U U U U ~- Q~ m m m m ~ W ~ ' U U U U i i ~ 1~ ~ W CJ N r J c 0 Z ~ ~ ~ _ ~ ~ a' L1. ~ >, ~ - ~ ~ ~ U " ~= c U U L ~C7 a i i a a~. c ~ ~ c~ ~ cn o ~ ~ ~ ~ o W U U~ ~ U~ o U~ ~ U () ' Z ¢ ~ ~ O ~ Y ~ a ~ ~ ~ ~ o m ~ N W I_- ~ o L QU _o 0 QU Q o o o Q~ f4 ~ Q Q m U ~ N U O a~ a m m m m 0 N U 0 0 0 N BID BOND If a bond is used, the form bound in this manual should be used. No other form may be used except with prior approval by the Owner after review by the Town Attorney which approval may be granted or withheld, in the Owner's discretion. 200 07 e:ldowments\t wappinger\a w2008\w20802 united wapp water\w20802.12 meadow_rte9 loops filtration\specslroute 9 loop\general\div 2DO.doc it ~r CERTIFICATION OF NON-COLLUSION BY BIDDER No bid will be considered unless this Certification remains attached to and is submitted with the Bid By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that to the best of his knowledge and belief: (1) The prices in this bid have been arrived at independently, without collusion, consultation, communication, or agreement for the purpose of restricting competition as to any matter relating to such prices, with any other bidder or with any competitor. (2) Unless otherwise required bylaw the prices which have been quoted in this bid have not knowingly been disclosed by the bidder and will not knowingly be disclosed by the bidder, directly or indirectly, to any other bidder or to any competitor, before the time of the bid opening. (3) No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit or not to submit a bid for the purpose of restricting competition. A bid shall not be considered for award nor shall any award be made where (1) (2) and (3) above have not been complied with; provided however, that if in any case the bidder cannot make the foregoing certification, the bidder shall so state and shall furnish with the bid a signed statement which sets forth in detail the reasons therefore. Where (1) (2) and (3) above have not been complied with, the bid shall not be considered for award nor shall any award be made unless the head of the purchasing unit of the State, public department or agency to which the bid is made, or his designee, determines that such disclosure was not made for the purpose of restricting competition. i (4) The fact that a bidder (a) has published price lists, rates, or tariffs, covering items being ~ procured, (b) has informed prospective customers of proposed or pending publication of new or revised price lists for such items, or (c) has sold the same items to other customers at the same prices being bid, does not constitute, without more, a disclosure ~"' within the meaning of subparagraph (1). (5) Any bid hereafter made to any public authority or to any official of any public authority created by the State or any political subdivision, by a corporate bidder for work of services performed or to be performed or goods sold or to be sold where competitive bidding is required by statute, rule, regulation, or local law, and where such bid contains ,` the certification referred to in the lead paragraph of this section, shall be deemed to have been authorized by the board of directors of the bidder and such authorization shall be deemed to include the signing and submission of the bid and the inclusion therein of the _ certificate as to non-collusion as the act and deed of the corporation. l affirm these statements under nal y of p jury. BIDDER'S SIGNATURE: DATE: 3 31 ~ 20011 `. e:\documents\t wappinger\a w2008\w20802 united wapp water\w20802.12 meadow_rte9 loops filtration\specs\route 9 loop\general\div 200.doc . ,« ,• .:r 1 STATEMENT OF SURETY'S INTENT To; Town of Wappinger (Owner) We have reviewed the Bid of Thomas Gleason, Inc. (Contractor) of 501 Salt Point Turnpike,Poughkeepsie, NY 12603 (Address) for Route 9 Water Main Loop; Contract No. 13-010 (Project) Bids for which will be received on March 31, 2014 (Bid Opening Date) and. wish to advise that should this Bid ol.'the Contractor be accepted and the Contract awarded to him, it is our present intention to become surety on the performance pond and labor and material bond required,by the Contract. Any arrangement for the bonds required by the Contract is a matter between the Contractor and ourselves and we assume no liability to you or third parties if for any reason we do not execute the requisite bonds. We are duly authorised to do business in the State-of New York Attest: Attach Power of Attorney (Corporate seal if any. If no seal, write "No Seal" across this place and sign.) Th Servic nsurance C mpany, Inc. v urety's Auth r' ed Signature(s) Francis A. Lo ther, Attorney-in-Fact (This Fonn Must Be Completed and Submitted with the Bid) BIU BONS KNOW ALL MEN BY THESE PRESENTS: that Thomas Gleason, Inc. as Prtnctpal; and The Service Insurance Company as Surety, are hereby ~, held and firmly bound unto the Town Board, Town of Wappinger, %eow B dock in the amount -- Five. Percent of Bi -- _ G~ollarS $ of: for the payment whereof Principal and Surety bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. 28th day of March 20 14 Signed this WHEREAS, the condition of the above obligation is such that, whereas the Principal has submitted to the Town Board a certain bid, attached hereto and hereby made a part hereof, to enter into a contract in writing far fiovW atnd MpeciEed insContract Nae 13 g06et for the Town of Wappinger, New York, as s NOW THEREFORE, (a} If said Bid sha11 be rejected, or in the alternate (b) if said Bid shall be acceptecl and the Principal shall execute and deliver a contract in the Form of an Agreement attached hereto (properly completed in accordance with said Bid) and shall in all respects perform the agreement created by the acceptance of said Bid, then this obligation shall be void. Otherwise, the same shall remain in force and effect, it being expressly understood and agreed that the liability of the Surety far any and all claims hereunder shall, in no event, exceed the amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall in no way be impaired or affected by any extension of the time within which the Principal may accept such bid; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are Corporations have caused their Corporate Beaks to be hereto affixed and these presents to bE: signed by their proper officers, the day and year first set forth above. Thomas Gleason, Inc. (SEAL} PRINCIPAL Patric ason, Vice President *Insert Bidder's Narne ^. - }'`knsert Surety's Name BY _ ~"~ 200 os Signed, sealed and delivered in the presence of (Corporate seal of Contractor Patrick Gleason if a corporation} Vice President Thomas Gleason., Inc. - Contractor '°~ °'~~ - 6y ~~ .. - The Service Insurance Company B ~~ v y (Title of Officer Francis A. Lowther, Attorney-In-Fact (Corporate seal of Surety) Attest (Title o fficer) Courtney Pardy, Witness 200 g'l0 INDIVIDUAL ACKNOWLEDGMENT State of County of On this person _he_ day of _, ,before me personally appeared known to me to be the described in and who executed the foregoing instrument, and duly acknowledged to me that _he_ executed the same. Notary Public CORPORATION ACKNOWLEDGMENT State of ~~% o~ County of .~ -~ ss On this~.9 day of March, 2014, before me personally appeared Patrick Gleason to me known, who being by me duly sworn, did depose and say: that he/s#~e resides at -per fG~ep~htly. ;that he/semis Vice-President of the corporation described in and which executed the foregoing instrument; that he/tee knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation; and that he/signed his/+~ name thereto by like order. CATHERINE J GL4-ASC~~ Yark C~ '' ~ '] , ~' ~ NOTARY PUBLIC ~+ „` ~_/ ~f o ~ i Rey ~~- Notary Public Qualified irz 17~'`•v~'Y'1U o~ t Commission Expires np SURETY ACKNOWLEDGMENT State of New York County of Onondaga On this 28th day of March, 2014, before me personally appeared Francis A. Lowther to me known, who being by me duly sworn, did depose and say: that he/she resides in the City of Syracuse, NY; that he/she is 'the Attorney-In-Fact of the above signed surety, the corporation described in and which executed the within instrument; that he/she knows the corporate seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation; and that he/she signed his/her name thereto by li e order. Notary Public ALICIA M. EVANS Notary Public, State of New York Qualified in Onondaga Co. Nn. 01 EVS264843 My Commission Expires July 2, 2016 THE SERVICE INSURANCE COMPANY, INC. FOWER OF ATTORNEY KNOW 07052, a corporal follows: "CC)NT, corporation, and Does h execute, seal and sum liability of $ Does here JAMES P. REAGAh deliver a Consent of liability of $5,000,001 Does hereb; behalf (i) bid bonds n liability. Said Outsid office prior to issuing granted him/her prior The Company shall n by contacting the Cc IN WIT Service Insurance THE SERVICE I B G~~UI vvwv ivv. EXPIRES E~ECEMBER 31, 2014 MEN BY THESE PRESENTS; That THE SERVICE INSURANCE, COMPANY, INC., 80 Main Street X330, West Orange, NJ ~f the State of New Jersey, pursuant to authority granted by Article VIII, Section 7 of the By-Laws of said Got'~pany, which reads as ~: The Board of Directors may authorize any officers, to execute any surety bond instrument in the name of and on behalf of the authority may be general or confined to specific instances. " nominate, constitute and appoint Glen T. Burger and James S. Burger, its true and lawful agents and Attorney(s)-in-Fact, to make, er for, and on its behalf as surety, and its act and deed: any and all bond undertakings, no one bond to exceed an aggregated penal ,000.00 (Five Million Dollars}. FRANCIS A, LOWTHER, NATAL{E JIMENEZ, STACEY L. y nominate, constitute and appoint AYLESWORTH, CHRISTINE M. POSECZRICK of AGENCY ,insurance Agency as its true and lawful agents ("Outside Agents") and Attorney(s)-in-Fact to make, execute and surety on behalf of the Company to any Obligee for a payment and/or performance bond not to exceed an aggregated penal sum (Five Million Dollars}. nominate, constitute and appoint said Outside Agents as Limited Attorney in Fact, to make, execute, seal and deliver for and on its t to exceed $100,000 in face.amcunt and (ii) any and ail other bond undertakings not to exceed $1,000,000 in aggregate penal sttttt Agents shall obtain prior approval confirmed in writing from the Company with a bond number provided by the Company's home a,y bonds. Said Outside Agents by executing the attached bond, hereby represent and warrant under oath that the Company has ~ppmval and furnished. the bond number for the attached bond, which has been logged and recorded at the Company's home office. t Gover, honor or pay any claims for unauthorized bonds, and the Obligee may confirm the validity of the attached bond on receipt npany in writing at 973-731-7889 {fax) or Jburger@serviceinsurancecompany.com. S WHEREOF, the said Treasurer and President have hereunto subscribed their names and affixed the Corporate Seal of the said Thd ipany, Inc., this 4~h day of November, A.D. 2013 itANCE COMPANY, INC. ;, TREA URER• ~ ~ ~ ~ ~ JBAMES 3. B , PRESIDENT ,,, STATE OF NEW JE ~ SEY ) f .~ ~ ~~•'~~ SS t '~` ~. . ~; GITY OF WEST O GE) 1 Yt On this 4th day of November, A.D. 2013, before the subscribed, a Notary Public of the State of New Jerseyx duljt commissione~;,arid'•`qu~l#3ed, Dame the above name Treasurer and President of The Service Insurance Gompany, Inc., to me personally known to be the individuals anp oi~icers described in and who executed the preceding instrtment, and they each acknowledge the execution of the same, and being by me duly~~watcl's~veraily~~nd each for himself deposeth the aith, that they are the said officers of the Company aforesaid, and that the seal is affixed to the preceding m~tf~uments; ~s'tixe' Corporate Seal of said Compan ,and that the Corporate Seal and their signatures as such officers were duly affixed and subscribed to'the,,gaj,~.itastt`ument by the authority and directio of the said Corporation. ~ ~`~ARI.+:i E CEE~QUEIRA ,. ~...~e ~~~.a..:._.-..,. 1'~ "?'4 w0557 N Public in th State of New Jersey I:".~,.".; ~ :' r~U~LIC S'PF~i`i~ C.= C~~V^J JERSEY h1y ,ommission Expires June 04, 20i? CERTIFICATE ~; I, the unde igned, President of The Service Insurance Company, Inc., The Company, do hereby certify that the original Power of Attorney in which. the forgoing i full, true and correct copy, is in flrll force and effect on the date of this certificate; and I do further certify that the President who executed the said Po er of Attorney was specially authorized by the Board of Directors to appoint any Attorney in Fact as provided in Article VIII, Section 7, of the By-Laws of he Service Insurance Company, Inc. This Certifi ate maybe signed by facsimile under and by authority of the following resolution of the Board of Directors of The Service insurance Company, Inc. Resolved: `That the facsimile or mechanically reproduced signature of the Company Arestdent, whether made heretofore or hereafter, wherever appearing upon a ce tified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force acrd effect as though man Ally affixed " IN T W EREOF,1 have hereunto subscribed my name and affixed the Corporate Seal oft ai Comp y, this ~'..1- day of , 2014. - (- +'a ------------- ---- --- - COMPANY EMBOSS CORPORATE SEAL MUST JAMES S. R, PRESIDENT APPEAR ON BOND F RM AND POWER OF ATTORNEY ... .. _ ~_ _~__. ~._. ,__- - - -. N....-_, _- , r.~ .. - ~.ri..~. ~_ ,,;r _. ' ,. THE SERVICE INSURANCE COMPANY (Statutory Basis) STATEMENT OF ADMITTED ASSETS, LIABILITIES SHAREHOLDER'S EQUITY AS OF DECEMBER 31, 2012 ADMITTED ASSETS Cash & Cash Equivalents & Short Term Investments 1,973,626 Common Stocks 139,622 Bonds 7,732,650 Interest Income Receivable 87,860 Premiums & Agents Balances 574,786 Amounts Receivable from Reinsureres 68,000 Current Federal Income Tax Recoverable 140,727 Net Deferred Tax Asset 58,486 TOTAL ADMITTED ASSETS 10,775,757 LIABILITIES & SHAREHOLDER'S EQUITY LIABILITIES Losses & Loss Adjustment Expenses 634,074 Other Expenses 157,907 Taxes, licenses & fees 40,215 Federal Income Tax - Unearned Premiums 764,964 Amounts Withheld or Retained by Company for Accounts of Others 3,892,627 Miscellaneous 19,933 Total Liabilities 5,509,720 SHAREHOLDER'S EQUITY Common stock, par value $20.00 per share 50,000 shares authorized issued, 32,000 shares outstanding as of December 31, 2012 1,000,000 Gross Paid-In & Contributed Surplus 839,198 Unassigned funds (surplus) 4,465,439 Treasury Stock (1,038,600) Total Shareholder's Equity 5,266,037 TOTAL LIABILITIES & SHAREHOLDER'S EQUITY 10,775,757 STATE OF NEW JERSEY ) SS COUNTY OF ESSEX 1 1, Jame urg r, Press ent of Service Insurance Company, Inc., do hereby certify that the above is a true statement of ass ts, lia ilities o ' Lor~eration as of December 31, 2012. James Bur ,resident ~JIARIA E CERQUEIRA ID #2360557 STATE OF NEW JERSEY ) NOTARY PUBLIC . SS $TATE.flF , EW JERSEY COUNTY OF ESSEX ) MY'~mmi6slOn r88 Juns 04, 2017 Subscribed and sworn before me, a Notary Ptlbhe 9E~te of New~~eC$~yk in the County of Essex, this 4th day of June, 2013. ,:;, ~. ; ~;~ ~ .~, fi r ,o, rkr No ry Public ~"~' ~ ` ~~'~~ _ a .. J~ / ~ ifr fl .. l