HomeMy Public PortalAbout123-2013 - Sanitary & Stormwater - Environemental Construction Inc - On call asphalt street cut repair.G„EE,„E„T ORIGINAL
ATHISTS
AGREEMENT made and entered into this 11 day of 2013, by
and between the City of Richmond, Indiana, a municipal corporatio ting by and through its
Board of Sanitary Commissioners and its Board of Storm Water Management (hereinafter
referred to as the "City") and Environmental Construction, Inc., 13150 West County Rd. 300
North, Yorktown, Indiana 47396 (hereinafter referred to as the "Contractor").
SECTION I. STATEMENT AND SUBJECT OF WORK
City hereby retains Contractor for the performance of asphalt street cut repairs on an as -needed
basis.
A Request for Quotes dated May 30, 2013 has been made available for inspection by Contractor,
is on file in the office of the Sanitation Department, and is hereby incorporated by reference and
made a part of this Agreement. Contractor agrees to abide by the same.
The response of Contractor to said Request for Quotes dated June 7, 2013 is attached hereto as
Exhibit "A", consisting of four (4) pages, and is hereby incorporated by reference and made a part
of this Agreement. Contractor shall provide all equipment and services listed on Exhibit "A," as
requested by City, pursuant to the terms listed in Exhibit "A."
Should any provisions, terms, or conditions contained in any of the documents attached hereto as
Exhibits, or in any of the documents incorporated by reference herein, conflict with any of the
provisions, terms, or conditions of this Agreement, this Agreement shall be controlling.
The Contractor shall furnish all labor, material, equipment, and services necessary for the proper
completion of all work specified.
No performance of services shall commence until the following has been met:
1. The City is in receipt of any required certificates of insurance and/or
warranties;
2. The City is in receipt of any required affidavit signed by Contractor in
accordance with Indiana Code 22-5-1.7-11(a)(2);and
3. A purchase order has been issued by the Purchasing Department.
SECTION 1I. STATUS OF CONTRACTOR
Contractor shall be deemed to be an independent contractor and is not an employee or agent of
the City of Richmond. The Contractor shall provide, at its own expense, competent supervision
of the work.
SECTION III. COMPENSATION
City shall pay Contractor at the rates indicated on Exhibit "A," in a total amount not to exceed
Fifteen Thousand Dollars and Zero Cents ($15,000.00).
Contract No. 123 -2013
Page 1 of 6
SECTION IV. TERM OF AGREEMENT
This Agreement shall become effective upon execution of the Agreement and shall continue in
effect through December 31, 2013.
Notwithstanding the term of this Agreement, City may terminate this Agreement in whole or in
part, for cause, at any time by giving at least five (5) working days written notice specifying the
effective date and the reasons for termination which shall include but not be limited to the
following:
a. failure, for any reason of the Contractor to fulfill in a timely manner
its obligations under this Agreement;
b. submission of a report, other work product, or advice, whether oral or written, by the
Contractor to the City that is incorrect, incomplete, or does not meet reasonable
professional standards in any material respect;
c. ineffective or improper use of funds provided under this Agreement;
d. suspension or termination of the grant funding to the City under which this Agreement
is made; or
e. unavailability of sufficient funds to make payment on this Agreement.
In the event of such termination, the City shall be required to make payment for all work
performed prior to the date this Agreement is terminated, but shall be relieved of any other
responsibility herein.
This Agreement may also be terminated, in whole or in part, by mutual Agreement of the parties
by setting forth the reasons for such termination, the effective date, and in the case of partial
termination, the portion to be terminated.
SECTION V. INDEMNIFICATION AND INSURANCE
Contractor agrees to obtain insurance and to indemnify the City for any damage or injury to
person or property or any other claims which may arise from the Contractor's conduct or
performance of this Agreement, either intentionally or negligently; provided, however, that
nothing contained in this Agreement shall be construed as rendering the Contractor liable for acts
of the City, its officers, agents, or employees. Contractor shall as a prerequisite to this
Agreement, purchase and thereafter maintain such insurance as will protect it from the claims set
forth below which may arise out of or result from the Contractor's operations under this
Agreement, whether such operations by the Contractor or by any sub -contractors or by anyone
directly or indirectly employed by any of them, or by anyone for whose acts the Contractor may
be held responsible.
Coverag Limits
A. Worker's Compensation & Statutory
Disability Requirements
B. Employer's Liability $100,000
C. Comprehensive General Liability
Page 2 of 6
Section 1. Bodily Injury
Section 2. Property Damage
D. Comprehensive Auto Liability
Section 1. Bodily Injury
Section 2. Property Damage
$1,000,000 each occurrence
$2,000,000 aggregate
$1,000,000 each occurrence
$1,000,000 each person
$1,000,000 each occurrence
$1,000,000 each occurrence
E. Comprehensive Umbrella Liability $1,000,000 each occurrence
$1,000,000 each aggregate
SECTION VI. COMPLIANCE WITH WORKER'S COMPENSATION LAW
Contractor shall comply with all provisions of the Indiana Worker's Compensation Iaw, and shall,
before commencing work under this Agreement, provide the City a certificate of insurance, or a
certificate from the industrial board showing that the Contractor has complied with Indiana Code
Sections 22-3-2-5, 22-3-5-1 and 22-3-5-2. If Contractor is an out of state employer and therefore
subject to another state's worker's compensation law, Contractor may choose to comply with all
provisions of its home state's worker's compensation law and provide the City proof of such
compliance in lieu of complying with the provisions of the Indiana Worker's Compensation Law.
SECTION VII. COMPLIANCE WITH INDIANA E-VERIFY PROGRAM
REQUIREMENTS
Pursuant to Indiana Code 22-5-1.7, Contractor is required to enroll in and verify the work
eligibility status of all newly hired employees of the contractor through the Indiana E-Verify
program. Contractor is not required to verify the work eligibility status of all newly hired
employees of the contractor through the Indiana E-Verify program if the Indiana E-Verify
program no longer exists. Prior to the performance of this Agreement, Contractor shall
provide to the City its signed Affidavit affirming that Contractor does not knowingly employ
an unauthorized alien in accordance with IC 22-5-1.7-11 (a) (2). In the event Contractor
violates IC 22-5-1.7 the Contractor shall be required to remedy the violation not later than
thirty (30) days after the City notifies the Contractor of the violation. If Contractor fails to
remedy the violation within the thirty (30) day period provided above, the City shall consider
the Contractor to be in breach of this Agreement and this Agreement will be terminated. If
the City determines that terminating this Agreement would be detrimental to the public
interest or public property, the City may allow this Agreement to remain in effect until the
City procures a new contractor. If this Agreement is terminated under this section, then
pursuant to IC 22-5-1.7-13 (c) the Contractor will remain liable to the City for actual
damages.
SECTION VIII. IRAN INVESTMENT ACTIVITIES
Pursuant to Indiana Code (IC) 5-22-16.5, Contractor certifies that Contractor is not engaged
in investment activities in Iran. In the event City determines during the course of this
Agreement that this certification is no longer valid, City shall notify Contractor in writing of
said determination and shall give contractor ninety (90) days within which to respond to the
written notice. In the event Contractor fails to demonstrate to the City that the Contractor has
Page 3 of 6
ceased investment activities in Iran within ninety (90) days after the written notice is given to
the Contractor, the City may proceed with any remedies it may have pursuant to IC 5-22-
16.5. In the event the City determines during the course of this Agreement that this
certification is no longer valid and said determination is not refuted by Contractor in the
manner set forth in IC 5-22-16.5, the City reserves the right to consider the Contractor to be
in breach of this Agreement and terminate the agreement upon the expiration of the ninety
(90) day period set forth above.
SECTION IX. PROHIBITION AGAINST DISCRIMINATION
A. Pursuant to Indiana Code 22-9-1-10, Contractor, any sub -contractor, or any person acting
on behalf of Contractor or any sub -contractor shall not discriminate against any employee
or applicant for employment to be employed in the performance of this Agreement, with
respect to hire, tenure, terms, conditions or privileges of employment or any matter
directly or indirectly related to employment, because of race, religion, color, sex,
disability, national origin, or ancestry.
B. Pursuant to Indiana Code 5-16-6-1, the Contractor agrees:
That in the hiring of employees for the performance of work under this
Agreement of any subcontract hereunder, Contractor, any subcontractor, or any
person acting on behalf of Contractor or any sub -contractor, shall not
discriminate by reason of race, religion, color, sex, national origin or ancestry
against any citizen of the State of Indiana who is qualified and available to
perform the work to which the employment relates;
2. That Contractor, any sub -contractor, or any person action on behalf of Contractor
or any sub -contractor shall in no manner discriminate against or intimidate any
employee hired for the performance of work under this Agreement on account of
race, religion, color, sex, national origin or ancestry;
That there may be deducted from the amount payable to Contractor by the City
under this Agreement, a penalty of five dollars ($5.00) for each person for each
calendar day during which such person was discriminated against or intimidated
in violation of the provisions of the Agreement; and
4. That this Agreement may be canceled or terminated by the City and all money
due or to become due hereunder may be forfeited, for a second or any subsequent
violation of the terms or conditions of this section of the Agreement.
C. Violation of the terms or conditions of this Agreement relating to discrimination or
intimidation shall be considered a material breach of this Agreement.
SECTION X. RELEASE OF LIABILITY
Contractor hereby agrees to release and hold harmless the City and all officers, employees, or
agents of the same from all liability which may arise in the course of Contractor's performance of
its obligations pursuant to this Agreement.
SECTION XI. MISCELLANEOUS
This Agreement is personal to the parties hereto and neither party may assign or delegate any of
its rights or obligations hereunder without the prior written consent of the other party. Any such
delegation or assignment, without the prior written consent of the other party, shall be null and
Page 4 of 6
void. This Agreement shall be controlled by and interpreted according to Indiana law and shall
be binding upon the parties, their successors and assigns. This document constitutes the entire
Agreement between the parties, although it may be altered or amended in whole or in part at any
time by filing with the Agreement a written instrument setting forth such changes signed by both
parties. By executing this Agreement the parties agree that this document supersedes any
previous discussion, negotiation, or conversation relating to the subject matter contained herein.
This Agreement may be simultaneously executed in several counterparts, each of which shall be
an original and all of which shall constitute but one and the same instrument.
The parties hereto submit to jurisdiction of the courts of Wayne County, Indiana, and any suit
arising out of this Contract must be filed in said courts. The parties specifically agree that no
arbitration or mediation shall be required prior to the commencement of legal proceedings in said
Courts. By executing this Agreement, Contractor is estopped from bringing suit or any other
action in any alternative forum, venue, or in front of any other tribunal, court, or administrative
body other than the Circuit or Superior Courts of Wayne County, Indiana, regardless of any right
Contractor may have to bring such suit in front of other tribunals or in other venues.
Any person executing this Contract in a representative capacity hereby warrants that he/she has
been duly authorized by his or her principal to execute this Contract.
In the event of any breach of this Agreement by Contractor, and in addition to any other damages
or remedies, Contractor shall be liable for all costs incurred by City in its efforts to enforce this
Agreement, including but not limited to, City's reasonable attorney's fees.
In the event that an ambiguity, question of intent, or a need for interpretation of this Agreement
arises, this Agreement shall be construed as if drafted jointly by the parties, and no presumption
or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any
of the provisions of this Agreement.
(remainder of page left intentionally blank)
Page 5 of 6
IN WITNESS WHEREOF, the parties have executed this Agreement at Richmond, Indiana, as of
the day and year first written above, although signatures may be affixed on different dates.
"CITY"
THE CITY OF RICHMOND,
INDIANA by and through its
Board of Sanitary Commissioners
By:
e Miller, President
Date: A7 1 -
"CONTRACTOR"
ENVIRONMENTAL CONSTRUCTION,
INC.
By:
Printed: ( 4Y /y:• e).4+- )
Title:
THE CITY OF RICHMOND, Date:
INDIANA by and through its Board
of Storm Water Management
By: tGC1l<.t./
tephanie Hays-Mussoni, Pr sident
iJ
Gil Klose, Membe
uZrMiller, Member
Date:
APPROVED.
:::)j46 49��
�3 Sarah L. Hutton, Mayor
Date: 0
S-:17. ij
Page 6 of 6
ICE REQUEST
yy Df A
aw OT MCF MO M
73E LID EPAaR�AV T OF£.kicumToND,NDLWA47374 THIS IS NOT AN ORDER
Ft- UNE t765) 9$3 74504FAX(765) 962 2664
VENDOR
INSTRUCTIONS
Ea
This is a request fora price for the services of materials
described below. Any additional specifications may be
131 : Q West CO: Rd. �� Northattached;herato.
This is NOT ah'order and the City reserves
the right to accept all or`part, or'decline the entire proposal.
(Tl')C TC3iY�'11.y IN 7 �f
Please complete your full. name and phone.number below
with signature; Itemize all prices and charges where
ATTN: Jay.Morga
.requested; and attach any explanation far any substitution fo
specifications altered. Return In a sealed envelope, in core of
Richmond Sanitary District Board of Commissloners to
the admi istration building at the :address above . by the
speciired date and time to be considered.
DATE;
REPLY MUST BE IN BY;
PAYMENT TERMS;
DELIVERY REQUIRED,
May 30, 2093
10;00A. M June 1.1, 2013
UPONRECEIPT RECi IPT OF iNvoicE
DELIVERED
This is a.;request for quote for`:Street Cut Repairs. Please see a€tached:specificat r n.-8-Ver €y
requirements will apply to this quote. Please include a Certificate of Insurance, which trust include
Workers :Gompensatlon .(insurance iimits::en.closed).
and Warranty: tnf0t rnatio.n with quote,.
Return the quote in a sealed envelope. addressed tot
Richmond SanitaryDistrict
Denise Johnston, Customer Service Mgr.
2380 Liberty Avenue
Richmond, IN 4737.4
.Re. Street Cut Repairs "2013"
Call Jeff l olimo.eiier at 765-083:7464.
Quote Valid Until -TU05 ib.l
NAME OF FIRM QUOTI
STATETAX'EXENOTION#003121909-00i ��fY1�,n�11��t- N UGI'to
AUTHOKIi1 ri BY SIGtJAT17RE
Richmond Sanitary District DATE FlDNE1lElMl3ER
FJ(HIBIT-A_ PAGE I OFF
Asphalt Reanest for Ouote
Street cut Repairs For the Richmond Sanitary district 112013"
Scope of work: On -Call Asphalt Street Curt Repair 11201311
NAME OF CONTRACTOR E&y AoAm9TiqL & aucI•im --zmC.
ADDRESS I �3 150 l,O U 30 0
CITY/STATE b! r4101 n/
• CERTIFICATE OF INSURANCE INCLUDED (must eet the City of
Richmond, IN requirements) YES V NO
• &VERIFICATION FORM FILLED OUT: YES / NO
These lines have to be filled out as requested
This needs to be f red as a purchase of asphalt and labor combined cost.
• Surface Asphalt —Cost per square foot approximately I-1/2 inch thick $Y,,S6
• Sealant at joints per lineal foot $ 1. ZS
• Removal Cold Patch per square foot $ `y,50
• Response time 1�15 days
• Mobilization Fee $ 6
• De -Mobilization Fee $ 0
x If I had a street cut 12 foot x 12 foot x 1-1/2 inches thick. How much would it cost to
pave this area and seal the joints?
7 as.0o
_17 IT }1As coa Pal -THAT ftebs 96RDVM
1-41E wrm LoILL de Is ! 15GG.06
EXHIBIT PAGE _OFF
LIMITS OF PATCH
SAW CUT FOR CLEAN BREAK. APPLY BITUMINOUS TACK TO
r EDGES OEFORE REPV+CING ASPHALT. (SEE NOTES 2, 61 &
1-1/2- MINIMUM H.R.C. SURFACE
SEE NOTE 8
-
CONCREtE,.
s
i•
REDDING (95% COMPACTION)
CTED AGGREGATE (SEE NOTE 3) OR
FILL (SEE NOTE 4)
FLOWABLE FILL IS Off TO BE USED
AS A TEMPORARY DRMNG SURFACE
EXCEPT FOR AN EMERGENCY REPAIR
AND THEN FOR A PERIOD NOT TO
EXCEED 24 HOURS
1. THIS STREET REPAIR PROCEDURE SHALL B! USED FOR ALL CUTS, STREETS OR ALLEYS, THAT REQUIRE" 774E EXISTING PAVEMENT TO
BE REMOVED BETWEEN MARCH 20 AND 0ECEMBER 201h, OR AS LONG AS H-A.0 IS AVAILABLE. NEW SURFACE 1S TO 9E SLOPED AT
THE SAME RATE AS THE EXISTING SURFACE:
2. EJf1STING PAVEIAENT IS TO BE SAW CUT FOR A CLEAN BREAK. CUT -BACK 01STANCE 1-OR THOROUGHFARE STREETS SHALL BE ?' 0' AND
BACKFILL SHALL BE FLOWABLE FILL.
J. BED PIPE OR CONDUIT WITH APPROVED QQMPAM GRANULAR U47ERML (TYPE V BEDDING OR COMPACTED AGGREGATE). COMPACTED
GRANULAR BACKFILL SHALL L3F LAID IN 6' LIFT$ AND COMPACTED TO A MINIMUM OF 95y
4, IF FLOWABLE FILL IS TO BE USED, THE REPAIR SHALL BE COMPLETED IN ACCORDANCE WITH THE H7NTER STREET CUT REPAIR DETAIL,
EXCEPTING THAT CUT -BACK &STANCES SHOWN SHALL BE USED . FLOWABLE FILL SHALL HAVF A COMPRESSIVE STRENGTH OF 50 TO 150
P.S.I. FLOWAALE rILL SHALL 6E SUPPLIED BY A PROVIDER APPROVED BY THE DIRECIOR OF PUBLIC WORK & ENGINEERING. APPROVAL
SHALL BE BASED ON INDOT PREOVAUFICA710H AND SUBMITTAL OF ACCEPTABLE MIX AESIGN(S).
5. IF MORE THAN ONE CUT IS MADE ON A QFY STREET, THE LIMITS OF THE REPAIR WN.L BE DIRECTED AND APPROVED
BY THE DIRECTOR OF PUBLIC WORKS AND ENGINEERING.
6. BITUMINOUS TACK COAT SH41.t BE APPLIED AS PER 01NOPM DEPARTMENT OF TRANSPORTATION STANDARD SPECIFICA77ONS -
2001' SECTIONS 406 & 902.
7. ALL JOINTS SHALL BE SEALELI WITH A HOT IRON, !NEARED TECHNOLOGY, OR OTHER METHOD AS DIRECTED BY THE DEPARTMENT OF
PUBLIC WORKS & ENGINEERING.
8. ASPHALT STREETS: I-1/2- (hfINIMUM) aka S(IRFACE FLUSH WITH EXISTING SURFACE. CONCRETE PATCH SHALL BE 8'
MIN, DEPTH OR MATCH EXISTING, HIGH STRIENGTH INDOT CLASS C , WITH 22' CALCIUM, AND SHALL BE PERUANi:NILY REPAIRED WITHIN
20 DAYS, E CIT COB ' 6 10
9. CONCRETE STREETS: CONCREI£ PATCH SHALL BE 8' MfNIMUU DEPTH OR UATC14 LXISTING, HIGH STRENGTH INDOT CLASS C ;
WITH 2X CALCIUM, FLUSII WIFN EXISTING SURFACE BROOM FINISHED AT RIGHT ANGLES TO TRAFFIC FLOW AND SHALL BE PERMANENTLY
REPAIRED WITHIN 20 DAYS. SEE CITY CODE 96.10
10. ANY VARIATION FROM THIS DF,TAIL IS SIRICKY PROH)OITED UNLESS APPROVED BY THE DIRECTOR OF PUBLIC WORKS & ENGINEERING
APPROVAL FOR VARL471ON MUST BE OBTAINED PROIR 70 MAKING REPAIR:
DEPARTMENT OF PUBLIC
WORKS & ENGINEERING
50 N. 51h SF
RICHMOND. IN 47374
APPROVED BY.•
GREG. STXN.S
DIRECTOR OF PUBLIC WORKS
& ENGINEERING
BY, J. BUCKLER
1210312009
STANDARD STREET GUr
REPAIR DETAIL
SEE C1TY CODE 96.10
USE BETWEEN MARCH 2Oth AND DE-CEMBER 20th,
OR AS LONG AS H.A.C. 1S AVAILABLE
52
U
EXHIBIT _LPAGE 3 OFF
SAW CUT 4' DEEP MINIMUM
SEE NOTES 2, 6, & 7
NOTES.
1-112' MINIMUM H.A.C.
SEE NOTE 8
1. THIS STREEI REPAIR PROCEDURE SHALL BE USED FOR ALL CUTS, STREETS OR ALLEYS, THAT REOUIRE TFIE EXISTING PAVEMENT T0-
BE REMOVED BETWEEN DECEMBER 21s1 AND MARCH 191h, OR AS LONG AS H.A.0 IS NOT AVAILABLE NEW SURFACE IS TO BE SLOPED AT
THE SAME RATE AS THE EXISTING SURFACE
2. EXISTING PAVEMENT IS TO BE SAW CUT FOR A CLEAN BREAK.
3. BED PIPE OR" CONDUff WITH APPROVED GQUAAC7ED GRANULAR IVA7ERIAI (TYPE g' BEDDING OR COMPACTED AGGREGATE). COMPACTED
GRANULAR BACKFILL SHALL BE LAID IN 6' LIFTS AND COMPACTED TO A MINIMUM OF 95X
4. FLOWABLE DILL SHALL HAVE A COMPRESSIVE. STRENGTH OF 50 TO 750 P.S.1, FLOWABLE FILL SHALL BE SUPPLIED BY A
PROVIDER APPROVED BY THE DIRECTOR OF PUBLIC WORK & ENGINEERING. APPROVAL SHALL BE BASED ON INDOT PREOUALIFXATION AND
SUBU17TAL OF ACCEPTABLE MIX DESIGN(S).
5. IF MORE THAN ONE CUT IS AMD[ ON A C17Y STREET, THE LIMITS OF THE REPAIR Witt BE DIRECTED AND APPROVI D
BY THE DIRECTOR OF PUBLIC WORKS AND ENGINEERING.
6. BITUMINOUS TACK COAT SHALL BE APPLIED AS PER 'INDIANA DEPARTMENT OF TRANSPORTATION STANDARD SPECIFICATIONS - 2001'
SECTIONS 406 & 902,
Z ALL JOINTS SHALL BE SFALED WITH A HOT IRON, INFARED TECHNOLOGY, OR OTHER JVCRIOD AS DIRECTED BY THE DEPARTMENT OF
PUBLIC WORKS & ENGINEERING.
8. ASPHALT STREETS: PLACE TEMPORARY 1-112' PATCH (MINIMU11) OF COLD MIX FLUSH WITH EX61140 SURFACE WITHIN 3 DAYS AFTER
WORK IS COMPLETED. TEMPORARY PATCH SHALL BE REMOVED AND REPIACED WITH 1-112' (MINIMUM) OF N.A.C. SURFACE. WITHIN 30
DAYS OF WHEN P.A.C. BECOMES AVAILABLE. CONCRETE PATCH SHALL BE 8' MIN. DEPTH OR MATCH EXISTING. HIGH STRENGTH INDOT
CLASS 'C`, WITN 21 CALCIUU. SEE CITY C DE 96.10.
9. CONCRETE STREETS: CONCRETE PATCH SHALL 13E 8' MINIMUM DEPTH OR MATCH EXISTING, HIGH STRENGTH INDOT CLASS G;
WfTif 2% CALCIUM, FLUSH WITH EXISTING SURFACE, BROOM FINISHED AT RIGHT ANGLES TO TRAFFIC FLOW AND SHALL BE PERMANENTLY
REPAIRED WITHIN 20 DAYS SEE CILY CODE VUa PATCH SHALL. BE COVERED AND INSULATED FOR 24 HOURS PROIR TO BEING OPENED
TO TRAFFIC.
10. ANY VARIATION FROM THIS DETAIL IS STRICTLY PROHIBITED UNLESS APPROVED BY THE DIRECTOR. OF PUBLIC WORKS & ENGINEERING.
APPROVAL fOR VARIATION MUST BE OBTAINED PROM TO MAKING REPAIR,
i
DEPARTMENT OF PUBLIC
WORKS &ENGINEERING
/ f 7" p STREET
j T
WINTER
9O
50 N 51h ST.
U � f �(I ! � L7 { 1
RICHMOND, IN 47J74
REPAIR DETAIL
APPROVED BY.'
y}�
I$�
DREG. STIENS
DIRECTOR OF PUBLIC WORKS
SEE CITY CODE 96.10
& ENGINEERING
USE BETWEEN DECEMBER 21 st AND MARCH 19th,
DRAWN BY: J. BUCKLER
OR AS LONG AS H.C.A. IS NOT AVAILABLE
DATE: 12/03/2009
EXHIBIT � PAGE �,OF�