HomeMy WebLinkAboutRES.829.06-07-1993 � � �
, �,
BILL NO. 93-121 RESOLUTION NO. �� � �
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO A CONTRACT WITH LAPPE CEMENT
FINISHING, INC. FOR THE MINNESOTA AVENUE
EXTENSION PROJECT
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU,
MISSOURI , AS FOLLOWS:
ARTICLE 1 . The City Manager, for and on behalf of the City of
Cape Girardeau, Missouri, is hereby authorized to enter into a
Contract with Lappe Cement Finishing, Inc. for the Minnesota Avenue
extension project. A copy of said Contract is attached to this
Resolution and made a part hereof.
PASSED AND ADOPTED THIS � DAY OF '� '! , 19�.
�
� ` �
Francis E. Rhodes, Mayor
ATTEST:
� ��
�
Gayl ; L. Conrad, Deputy City Clerk
CITY OF CAPE GIRARDEAU
MINNESOTA AVENUE EXTENSION
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
THIS AGREEMENT is dated as of the _�� day of �.c,�•�_ in the year 19 5��
by and between the City of Cape Girardeau, Missouri (hereinafter called OWNER) and
La�e Cement Finishing�(hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth,
agree as follows:
Article 1. WORK.
CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents.
The Work is generally described as follows:
Construction of approximately 1396 lineal feet of 40' wide, 7" thick P.C. concrete
pavement with integral standup curbs or 9" thick asphalt pavement with concrte curb and
gutter, on an earthfill, twin 72" R.C. culvert pipes, 18" and 24" R.C. storm pipes with
double street inlets, and a 15" R.C. culvert pipe.
Article 2. ENGINEER.
The City Engineer or his designee is to act as OWNER's representative, assume all duties and
responsibilities and have the rights and authority assigned to ENGINEER in the Contract
Documents in connection with completion of the Work in accordance with the Contract
Documents.
Article 3. CONTRACT TIMES.
3.1 The work will be substantially completed within 95 (ninety-fivel calendar days after the
date when the Contract Times commence to run as provided in paragraph 2.3 of the General
Conditions, and competed and ready for final payment in accordance with paragraph 14.13 of
the General Conditions within 110 (one hundred-tenZ days after the date when the Contract
Times commence to run.
3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence
of this Agreement and that OWNER will suffer financial loss if the Work is not completed
within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in
accordance with Article 12 of the General Conditions. They also recognize the delays, expense
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and difficulties involved in proving the actual loss suffered by OWNER if the Work is not
competed on time. Accordingly, instead of requiring any such proof, OWNER and
CONTRACTOR agree that as liquidated damages for delay (but not as a penalty)
CONTRACTOR shall pay OWNER one hundred-fiftv 150.00 for each day that expires after
the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially
complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to
complete the remaining Work within the time specified in paragraph 3.1 for completion and
readiness for final payment or any proper extension thereof granted by OWNER,
CONTRACTOR shall pay OWNER seventy-five 75.00 for each day that expires after the
time specified in paragraph 3.1 for completion and readiness for final payment.
Article 4. CONTRACT PRICE.
OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract
Documents an amount in current funds equal to the sum of the amounts determined pursuant to
paragraphs 4.1 and 4.2 below:
4.2 for all Unit Price Work, an amount equal to the sum of the established unit price for
each separately identified item of Unit Price Work times the estimated quantity of that item as
indicated in the bidding documents.
TOTAL OF ALL UNIT PRICES One Hundred Ei htv-Eight Thousand Three Dollars and
74/100------------------------------------------------ $188.003.74
As provided in paragraph 11.9 of the General Conditions estimated quantities are not guaranteed,
and determinations of actual quantities and classitication are to be made by ENGINEER as
provided in paragraph 9.10 of the General Conditions. Unit prices have been computed as
provided in paragraph 11.9.2 of the General Conditions.
Article 5. PAYMENT PROCEDURES.
CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the
General Conditions. Applications for Payment will be processed by ENGINEER as provided
in the General Conditions.
5.1 Progress payments; Retainage. OWNER shall make progress payments on account of the
Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by
ENGINEER, on or about the lOth day of each month during construction as provided in
paragraphs 5.1.1 and 5.1.2 below. All such payments will be measured by the schedule of
values established in paragraph 2.9 of the General Conditions (and in the case of Unit Price
Work based on the number of units completed) or, in the event there is no schedule of values,
as provided in the General Requirements.
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5.1.1 Prior to Substantial Completion, progress payments will be made in an amount equal to
the percentage indicated below, but, in each case, less the aggregate of payments previously
made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in
accordance with paragraph 14.7 of the General Conditions.
90% of Work completed (with the balance being retainage). If Work has been
50% completed as determined by ENGINEER, and if the character and progress
of the Work have been satisfactory to OWNER and ENGINEER, OWNER, on
recommendation of ENGINEER, may determine that as long as the character and
progress of the Work remain satisfactory to them, there will be no additional
retainage on account of Work completed, in which case, the remaining progress
payments prior to Substantial Completion will be an amount equal to 100% of the
Work completed.
90% (with the balance being retainage) of materials and equipment not
incorporated in the Work (but delivered, suitably stored and accompanied by
documentations satisfactory to OWNER as provided in paragraph 14.2 of the
General Conditions).
5.1.2 Upon Substantial Completion, in an amount sufficient to increase total payments to
CONTRACTOR to 95% of the Contract Price (with the balance being retainage), less such
amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with
paragraph 14.7 of the General Conditions.
5.2 Final Paymen.t. Upon final completion and acceptance of the Work in accordance with
paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract
Price as recommended by ENGINEER as provided in said paragraph 14.13.
Article 6. INTEREST.
All moneys not paid when due as provided in Article 14 of the General Conditions shall bear
interest at the maximum rate allowed by law at the place of the Project.
Article 7. CONTRACTOR'S REPRESENTATIONS.
In order to induce OWNER to enter into the Agreement, CONTRACTOR makes the following
representations:
7.1 CONTRACTOR has examined and carefully studied the Contract Documents (including the
Addenda listed in paragraph 8) and the other related data identified in the Bidding Documents,
including "technical data".
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7.2 CONTRACTOR has visited the site and become familiar with and is satisfied as to the
general, local and site conditions that may affect cost, progress, performance and furnishing of
the Work.
7.3 CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws and
Regulations that may affect cost, progress, performance and furnishing of the Work.
7.4 CONTRACTOR has carefully studied all reports of explorations and tests of subsurface
conditions at or contiguous to the site and all drawings of physical conditions in or relating to
existing surface or subsurface structures at or contiguous to the site (except Underground
Facilities) which have been identified in the Supplementary Conditions as provided in paragraph
4.2.1 of the General Conditions. CONTRACTOR accepts the determination set forth in
paragraph SC-4.2 of the Supplementary Conditions of the extent of the "technical data"
contained in such reports and drawings upon which CONTRACTOR is entitled to rely as
provided in paragraph 4.2 of the General conditions. CONTRACTOR acknowledges that such
reports and drawings are not Contract Documents and may not be complete for
CONTRACTOR's purposes. CONTRACTOR acknowledges that OWNER and ENGINEER do
not assume responsibility for the accuracy or completeness of information and data shown or
indicated in the Contract Documents with respect to Underground Facilities at or contiguous to
the site. CONTRACTOR has obtained and carefully studied (or assumes responsibility for
having done so) all such additional supplementary examinations, investigations, explorations,
tests, studies and data concerning conditions (surface, subsurface and Underground Facilities)
at or contiguous to the site or otherwise which may affect cost, progress, performance or
furnishing of the Work or which relate to any aspect of the means, methods; techniques,
sequences and procedures of construction to be employed by CONTRACTOR and safety
precautions and programs incident thereto. CONTRACTOR does not consider that any
additional examinations, investigations, explorations, tests, studies or data are necessary for the
performance and furnishing of the Work at the Contract Price, within the Contract Times and
in accordance with the other terms and conditions of the Contract Documents.
7.5 CONTRACTOR is aware of the general nature of work to be performed by OWNER and
others at the site that relates to the Work as indicated in the Contract Documents.
7.6 CONTRACTOR has correlated the information known to CONTRACTOR, information and
observation obtained from visits to the site, reports and drawings identified in the Contract
documents and all additional examinations, investigations, explorations, tests, studies and data
with the Contract Documents.
7.7 CONTRACTOR has given ENGINEER written notice of all conflicts, enors, ambiguities
or discrepancies that CONTRACTOR has discovered in the Contract Documents and the written
resolution thereof by ENGINEER is acceptable to CONTRACTOR, and the Contract Documents
are generally sufficient to indicate and convey understanding of all terms and conditions for
performance and furnishing of the Work.
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Article 8. CONTRACT DOCUMENTS.
The Contract Documents which comprise the entire agreement between OWNER and
CONTRACTOR concerning the Work consist of the following:
8.1 This Agreement (pages 1 to 7, inclusive).
8.2 Exhibits to this Agreement (pages _ to _, inclusive).
8.3 Performance, Payment, and other Bonds, identified as exhibits and consisting of_
pages.
8.4 Notice to Proceed.
8.5 General Conditions (pages 1 to 55 , inclusive).
8.6 Supplementary Conditions (pages SC-1 to SC-5 , inclusive).
8.7 Specifications bearing the title DETAIL SPECIFICATIONS and consisting of 5
pages, as listed in table of contents thereof.
8.8 Drawings consisting of a cover sheet and sheets numbered 1 through 15 , inclusive.
Drawings not attached hereto.
8.9 Addenda numbers to , inclusive.
8.10 CONTRACTOR's Bid (pages BF-1 to BF-6 , inclusive) marked exhibit A .
8.11 Documentation submitted by CONTRACTOR prior to Notice of Award (pages to _
, inclusive).
8.12 The following which may be delivered or issued after the Effective Date of the Agreement
and are not attached hereto: All Written Amendments and other documents amending,
modifying or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the
General Conditions.
The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement (except as
expressly noted otherwise above).
There are no Contract Documents other than those listed above in the Article 8. The Contract
Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and
3.6 of the General Conditions.
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Article 9. MISCELLANEOUS.
9.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions will
have the meanings indicated in the General Conditions.
9.2 No assignment by a party hereto of any rights under or interests in the Contract Documents
will be binding on another party hereto without the written consent of the party sought to be
bound; and, specifically but without limitation, moneys that may become due and moneys that
are due may not be assigned without such consent (except to the extent that the effect of this
restriction may be limited by law), and unless specifically stated to the contrary in any written
consent to an assignment no assignment will release or discharge the assignor from any duty or
responsibility under the Contract Documents.
9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal
representatives to the other party hereto, its partners, successors, assigns and legal
representatives in respect to all covenants, agreements and obligations contained in the Contract
Documents.
9.4 Any provision or part of the Contract Documents held to be void or unenforceable under
any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to
be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract
Documents shall be reformed to replace such stricken provision or part thereof with a valid and
enforceable provision that comes as close as possible to expressing the intention of the stricken
provision.
9.5 OTHER PROVISIONS.
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed the Agreement in
multiple copies, One counterpart each has been delivered to CONTRACTOR and ENGINEER
and two counterparts to the OWNER. All portions of the Contract Documents have been signed,
initialed or identified by OWNER and CONTRACTOR or identified by ENGINEER on their
behalf.
This Agreement will be effective on �.��,� � � , 19�(which is the Effective Date of
the Agreement).
OWNER City of Cape Girardeau CONTRACTOR Lap�e Cement Finishin�
Y V�
By:� e,� ,� �,c. By:
[CORPORATE SEAL] [CORPORATE SEAL]
, ` _
Attest � Attest �CL2�.� �. �
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Address for giving notices Address for giving notices
401 Independence
Cape Girardeau. MO 63701
(If OWNER is a public body, attach License No.
evidence of authority to sign and
resolution or other documents Agent for service of process:
authorizing execution of Agreement.
(If CONTRACTOR is corporation,
attach evidence of authority to
sign.)
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� • , EXHIBIT A
I
CITY OF CAPE GIRARDEAU .
MINNESOTA A VENUE EXTENSION
BID FORM
(EJCDC 1910-18) (1990)
PROJECT IDENTIFICATION: Construction of approximately 1396 lineal
feet of 40' wide, 7" thick P.C. concrete pavement with integral standup
curbs or 9" thick asphalt pavement with�concrete curb and gutter, on an
earth�ll, twin 72" R.C. culvert pipes, 18 and 24 R.C. storm sewer pipes
with double street inlets, and a 15" R.C. culvert pipe.
THIS BID IS SUgMITTED TO: CITY OF CAPE GIRARDEAU, MO
401 INDEPENDENCE STREET
CAPE GIRARDEAU, MO 63701-6244
1. The undersigned BIDDER proposes and agrees, if the Bid is accepted, to enter into an
a�reement with OWNER in the form included in the Contract Documents to perform and furnish
aIl Work as specified or indicated in the Contract Documents for the Bid Price and within the
Bid Times indicated in this Bid and in accordance with the other terms and conditions of the
Contract Documents. �
2. BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid
and Instructions to Bidders, includin� without limitation those dealina with the disposition of Bid
security. This Bid wiIl remain subject to acceptance for thirty-five days after the day of Bid
opening. BIDDER will sign and deliver the required number of counterparts of the Agreement
with the Bonds and other documents required by the Bidding Requirements within fifteen days
after the date of OWNER'S notice of Award.
3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that:
(a) BIDDER has examined and carefully studied the Bidding Documents and the following
Addenda, receipt of all which is hereby acknowledged: (List Addenda by Addendum Number
an� Date)
BF-1
,
�.,..�.r.. �
s � _
i � .
(b) BIDDER has visited the site and become familiar with and is satisfied as to the general,
� local and site conditions that may affect cost, progress, performance and furnishing of the Work;
(c) BIDDER is familiar with and is satisfied as to all federal, state and local Laws and
�, Regulations that may affect cost, progress, performance and furnishing of the Work.
(d) BIDDER has carefully studied all reports of explorations and tests of subsurface
conditions at or contiguous to the site and all drawings of physical conditions in or relating to
existing surface or subsurface structures at or contiguous to the site (except Underground
Facilities) which have been identified in the Supplementary Conditions as provided in paragraph
4.2.1 of the General Conditions. BIDDER accepts the determination set forth in paragraph SC-
4.2 of the Supplementary Conditions of the extent of the "technical data" contained in such
reports and drawings upon which BIDDER is entitled to rely as provided in paragraph 4.2 of
the General Conditions. BIDDER acknowledges that such reports and drawings are not Contract
Documents and may not be complete for BIDDER'S purposes. BIDDER acknowledges that
OWNER and Engineer do not assume responsibility for accuracy or completeness of information
and data shown or indicated in the Biddino Documents with respect to Underground Facilities
at or contiguous to the site. BIDDER has obtained and carefully studied (or assumes
responsibility for having done so) all such additional or supplementary examinations,
investigations, explorations, tests, studies and data concerning conditions (surface, subsurface
and Underaround Facilities) at or contiguous to the site or otherwise which may affect cost
progress, performance or furnishin� of the Work or which relate to any aspect of the means,
methods, techniques, sequences and procedures of construction to be employed by BIDDER and
safety precautions and programs incident thereto. BIDDER does not consider that any
additional examinations, investigations, explorations, tests, studies or data are necessary for the
determination of this Bid for performance and furnishin� of the Work in accordance with the
times, price and other terms and conditions of the Contract Documents.
(e) BIDDER is aware of the general nature of Work to be performed by Owner and others
at the site that relates to Work for which this Bid is submitted as indicated in the Contract
Documents.
(� BIDDER has correlated the information known to BIDDER, information and observations
obtained from visits to the site, reports and drawings identified in the Contract Documents and
all additional examinations, investigations, explorations, tests, studies and data with the Contract
Documents.
(g) BIDDER has given En�ineer written notice of all conflicts, errors, ambiguities or
discrepancies that BIDDER has discovered in the Contract Documents and the written resolution
thereof by ENGINEER is acceptable to BIDDER, and the Contract Documents are generally
sufficient to indicate and convey understandin� of all terms and conditions for performing and
furnishin� the Work for which this Bid is submitted.
BF-2
(h) This Bid is genuine and not made in the interest of or on behalf of any undisclosed
person, firm or corporation and is not submitted in conformity with any agreement or rules of
any group association, organization or corporation; BIDDER has not d'uectly or indirectly
induced or solicited any other Bidder to submi[ a false or sham Bid; BIDDER has not solicited
or induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought
by collusion to obtain for itself any advantage over any other Bidder or over OWNER.
4. BIDDER will complete the Work in accordance with the Contract Documents for the
following price(s):
UNIT PRICE BID
ESTIMATED TOTAL
NO. ITEM UNIT QUANTITY (JNIT PRZCE ESTIMATED PRICE
1 STRIPING & SUBGRADE v
PREPARATZON LUMP SUM S G�+ �I cZ/�� S A 7^Z� ��
' s� ' ��
2 CLASS B EXCAVATION C.Y. 157 $ � S �3�
3 EARTH BORROW (10$
SEiRINKAGE ASSUMED �s ao
FOR FILL) C.Y. 11,340 $ � S ��s �
4 4" THICK TYPE 1 OR 2 a o � f!v
AGGREGATE BASE COURSE C.Y. 119.5 S �/ S � "� ��
5 7" P.c. ��� $� �Od�Q
CONCRETE PAVEMENT S.Y. 6,557 $
6 DOUBLE CURB INLET EACH 2 S `��� �o S� ��oo
�
7 15" R.C.P. (CLASS III) L.F. 90 $ /7�� S � s ��° ao
8 15" R.C.P. FLARED oP �°
END SECTIONS EACH 2 $ � '`)�S $ ��0
do q Qo
9 18" R.C.P. (CLASS III) L.F. 40 $ � 3 � $ /�a �
�y 0 0
10 24" R.C.P. (CLASS III) L.F. 60 $ �5� I S� ��`� e
11 72" R.C.P. (CLASS III) L.F. 224 $ �97` �/ S '�� ��o�
�� aoo
12 72" R.C.P. END SECTZON EACH 4 5 � S
i ,
13 SANITARY SEWER MH �jv Qo S s`� o0
ADJUSTMENT LS 1 S J �
14 SEEDING & MULCHING ACRE 3 S G ; �� $� ��� e�
BF-3
,
� 15 TRAFFIC CONTROL LS $ OO �� $ �00 �o
16 EROSION CONTROL LS
s °� s f,P�s,�
� �+J . � /� 1 , ,y�
TOTAL BID FOR ALL UNIT PRICES (%i^'�, : �r.��E.�. .G��GJ���Y/��ttivv�.,�� '7�u,�,�QQ�(,cJ 7�leP
c s/8���3�`�� .
I '
Unit Prices have been computed in accordance with paragraph 11.9.2 of the General Conditions.
BIDDER acknowledges that quantities are not ;uaranteed and final payment will be based on
actual quantities determined as provided in the Contract Documents.
5. BIDDER agrees that the Work will be substantially complete within 95 calendar days after
the date when the Contract Times commences to run as provided in paragraph 2.3 of the General
Conditions, and completed and ready for final payment in accordance with paragraph 14.13 of
the General Conditions within 110 calendar days after the date when the Contract Times
commences to run.
BIDDER accepts the provisions of the Agreement as to liquidated damaaes in the event of failure
to complete the Work within the times specified in the Agreement.
6. The following documents are attached to and made a condition of this Bid:
(a) Required Bid Security in the form of �l s,� �/�ct-�t�
. (b) A tabulation of Subcontractors, Suppliers and other persons and organizations required
to be identified in this Bid.
(c) Required BIDDER'S Qualification Statement with supporting data.
(d) (Add other documents as pemnent)
7. Communications concerning this Bid shall be addressed to:
Name � , �
�
Address � c�- o
' ��..E.� �" � •
8. Terms used irr the Bid which are defined in the General conditions or Instructions will have
the meanings indica[ed in [he General Conditions or Instructions.
BF-4
'w .
' SUBMITTED on o?d , 19�.
�
� State Contractor License No.
' IF BIDDER is:
� An Individual
BY � (SEAL)
(Individual's Name)
' doing business as
,
� Business address:
_,
'
,
Phone No.:
' A Partnershi�
( BY (SEAL)
(Firm Name)
(general partner)
�
Business address:
�
( Phone No.:
A Corporation ' • �
BY � - (SEAL) -
( (Corporation Name)
< <�� �.�u,�,�..�.� .
, (state of incorporarion)
I BY � (SEAL)
(name of perso � uthorized to sign)
� � �������
_
' (Title)
(Corporate Seal)
BF-5
�
� Attest �.� =�-�
� ) /
Business address: � � • � ��i c�o�
� /
� ,,..,E., ,�,, v� - l� 7
� � � _ _ ?/ �
rhone No.. ti /� ��� 3
�
Date of Qualification to do business is (.,�.�i' �q 7�O
�
� A Joint Venture
gy - (SEAL)
� (Name)
(Address)
� g (SEAL)
� y
(Name)
�
(Address)
� Phone Number and Address for receipt of official communications .
�
�
� (Each joint venturer must sign. The manner of signing for each individual, partnership and
corporaaon that is a party to the joint venture should be in the manner indicated above.)
�
�
�
� BF-6
�
CHANGE ORDER #1 `_
PROJECT TITLE Minnesota Avenue Extension
CONTRACT DATE June 29, 1994
CONTRACTOR Labpe Cement Finishina
The following changes are hereby made to the Contract Documents :
Repair of the east corner at the south end of the existing
P .C.c. Pavement
JIISTIFICATION
To repair broken concrete pavement corner.
CBANGE TO CONTRACT PRICE
Original Contract Price:
$ 188, 003 .74
Current Contract Price, as adjusted by previous Change Orders :
$ 188, 003 .74
Current Contract Price due to this Change Order will be increased
by: $ 230 . 00
The new Contract Price due to this Change Order will be:
$ 188, 233 .74
CEANGE TO CONTRACT TIME
There will be no change in contract time.
No time charged to the Contract while waiting for this Change
Order.
APPROVALS REQIIIRED:
To be effective, this Order must be approved by the Owner if
it changes the scope or objective of the project, or a may
otherwise be required under the terms of the Supplementary General
Conditions of the Contract .
Recommended by �� Date S�2�/9c�
C t Engin
Approved by � 4 Date ���? ��
Manager
Accepted by Date ���� �R`�'�