2009-47 Annual Street Overlay Paving ContractRESOLUTION 2009-47
•
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA AWARDING A CONTRACT TO
CHARLES S. WHITESIDE, INC. TO PROCEED WITH THE OVERLAY
PAVING OF VILLAGE STREETS AND AUTHORIZING THE MAYOR AND
VILLAGE CLERK TO EXECUTE SAME; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Village wishes to proceed with its annual street overlay paving program; and
WHEREAS, Village Administration recommends that the contract be awarded to Charles S.
Whiteside, Inc. by piggy backing the existing Palm Beach County Contract #2009053, Annual
Pathway and Minor Construction; and
WHEREAS, the Village Council determines that the adoption of this Resolution is in the best
interests of the Village.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing recitals are ratified as true and incorporated herein.
Section 2. The Village Council hereby approves the contract with Charles S. Whiteside, Inc.
for the overlay paving of designated Village streets and authorizes the Mayor and Village Clerk
to execute the contract on behalf of the Village.
Section 3. The cost of this contract shall not exceed $299,720.00 and shall be funded
utilizing budgeted funds from Account #A7321-66210 (Public Works -Street Maintenance -
Construction and Major Renovation).
Section 4. This resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED THIS 27th DAY OF AT ir,T rcT ~nno
(Village Seal)
AT PEST:
~~
• VILLAGE CLER'
CONTRACT FOR STREET OVERLAY PAVING
This Contract is made as of the a7 day of , 2009, by and between the
VILLAGE OF NORTH PALM BEACH, 501 U.S. High ay One, North Palm Beach, FL, 33408,
a Florida municipal corporation (hereinafter "VILLAGE"), and CHARLES S. WHITESIDE,
INC, 250 Truck and Trailer Way, West Palm Beach, FL 33413, a Florida corporation
(hereinafter "CONTRACTOR"), whose Federal I.D. is 59-1968075.
RECITALS
WHEREAS, the VILLAGE is in need of a contractor to perform overlay paving services of
designated Village roadways as part of its annual maintenance program; and
WHEREAS, Palm Beach County, through its competitive selection process, awarded County
Contract No. 2009053 to the CONTRACTOR for the County's annual pathway and minor
construction requirements; and
WHEREAS, the VILLAGE requested and the CONTRACTOR provided a proposal for the
VILLAGE's street paving requirements based on the pricing under County Contract No.
2009053; and
WHEREAS, the VILLAGE desires to accept CONTRACTOR'S proposal by piggy-backing
County Contract No. 2009053 including all terms, conditions and pricing therein.
NOW THEREFORE, in consideration of the mutual promises set forth herein, the receipt
and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
1. Recitals. The parties agree that the recitals set forth above are true and correct and are
fully incorporated herein by reference.
2. County Contract. County Contract No. 2009053 with the CONTRACTOR, attached
hereto as Exhibit "A", dated October 21, 2008, is hereby expressly made a part of this
Contract as fully as if set forth at length herein.
3. CONTRACTOR'S Proposal. In accordance with the terms and conditions in County
Contract No. 2009053, the CONTRACTOR shall provide all goods and services as stated in
its proposal to the VILLAGE and the Scope of Work prepared by the VILLAGE at a cost not
to exceed $299,720.00. The CONTRACTOR's proposal is attached hereto as Exhibit "B"
and the Scope of Work is attached hereto as Exhibit "C". Both documents are hereby
expressly made a part of this Contract as fully as if set forth at length herein. The goods and
services to be provided by the CONTRACTOR shall be commenced subsequent to the
execution and approval of this Contract by the VILLAGE and upon written notice from the
VILLAGE to proceed.
Page 1 of 4
4. Conflict of Terms and Conditions. Conflicts between documents shall be resolved in the
following order of precedence:
a. This Contract
b. Exhibit "A" (County Contract No. 2009053)
c. Exhibit "B" (CONTRACTOR's proposal).
d. Exhibit "C" (Scope of Work)
5. Compensation to CONTRACTOR. Payments by the VILLAGE to the CONTRACTOR
under this Contract shall not exceed the amount of compensation stated in the
CONTRACTOR'S proposal. CONTRACTOR shall submit invoices to the VILLAGE for
review and approval by the VILLAGE'S representative, indicating that goods and services
have been provided and rendered in conformity with this Contract and then will be sent to
the Finance Department for payment. CONTRACTOR will invoice the VILLAGE in
advance for each payment period. Invoices will normally be paid within thirty (30) days
following the VILLAGE representative's approval. CONTRACTOR waives consequential
or incidental damages for claims, disputes or other matters in question arising out of or
relating to this Contract. In order for both parties herein to close their books and records,
CONTRACTOR will clearly state "final invoice" on the CONTRACTOR'S final/last billing
to the VILLAGE. This certifies that all goods and services have been properly performed
and all charges have been invoiced to the VILLAGE. Since this account will thereupon be
closed, any and other further charges if not properly included in this final invoice are waived
by the CONTRACTOR. The VILLAGE will not be liable for any invoice from the
CONTRACTOR submitted thirty (30) days after the provision of all goods and services.
6. Period and Renewals. This Contract shall be for the term as indicated on the County
Contract No. 2009053. Extensions or renewals to said County Contract or any modification
including new products, terms, or price changes to the County Contract shall be submitted by
the CONTRACTOR to the VILLAGE for approval. In the event said County Contract
expires and no new contract is let by the County, VILLAGE reserves the right, upon written
agreement with CONTRACTOR to renew this Contract under the same terms and conditions
for an additional period of one (1) year.
7. Insurance. CONTRACTOR shall obtain and maintain during the term of this Contract all
insurance required under the County Contract No. 2009053 with the VILLAGE named as an
additional insured.
8. Warranty/Guaranty. Unless a longer period is stated in the County Contract No.
2009053, CONTRACTOR warrants that its goods and services provided under this Contract
will be free of defects in materials and workmanship for a period of one (1) year following
delivery and completion of those goods and services.
Page 2 of 4
9. Miscellaneous Provisions.
A. Failure of a party to enforce or exercise any of its right(s) under this Contract shall not be
deemed a waiver of that parties' right to enforce or exercise said right(s) at any time
thereafter.
B. This Contract shall be governed by the laws of the State of Florida. Any and all legal
action necessary to enforce the Contract will be held in Palm Beach County. No remedy
herein conferred upon any party is intended to be exclusive of any other remedy, and
each and every such remedy shall be cumulative and shall be in addition to every other
remedy given hereunder or now or hereafter existing at law or in equity or by statute or
otherwise. No single or partial exercise by any party of any right, power, or remedy
hereunder shall preclude any other or further exercise thereof.
C. If any legal action or other proceeding is brought for the enforcement of this Contract, or
because of an alleged dispute, breach, default or misrepresentation in connection with
any provisions of this Contract, the successful or prevailing party or parties shall be
entitled to recover reasonable attorney's fees, court costs and all expenses (including
taxes) even if not taxable as court awarded costs (including, without limitation, all such
fees, costs and expenses incident to appeals), incurred in that action or proceeding, in
addition to any other relief to which such party or parties may be entitled.
D. If any term or provision of this Contract, or the application thereof to any person or
circumstances shall, to any extent, be held invalid or unenforceable, to remainder of this
Contract, or the application of such terms or provision, to persons or circumstances other
than those as to which it is held invalid or unenforceable, shall not be affected, and every
other term and provision of this Contract shall be deemed valid and enforceable to the
extent permitted by law.
E. All notices required in this Contract shall be sent by certified mail, return receipt
requested, and sent to the addresses appearing on the first page of this Contract.
F. The VILLAGE and the CONTRACTOR agree that this Contract sets forth the entire
agreement between the parties, and that there are no promises or understandings other
than those stated herein. None of the provisions, terms and conditions contained in this
Contract may be added to, modified, superseded or otherwise altered, except by written
instrument executed by the parties hereto. Any provision of this Contract which is of a
continuing nature or imposes an obligation which extends beyond the term of this
Contract shall survive its expiration or earlier termination.
(THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANKI
Page 3 of 4
IN WITNESS WHEREOF, the VILLAGE and CONTRACTOR hereto have made and
executed this Contract as of the day and year first above written.
CHARLES-~;~VHIT IDE, INC. , ~ ~
r . ~ ~~~ ~ _._.
' B~ -~~
,;~r
P irit'Name: ~ ~ ~ ~ ~ a ~~ ~ ~ ~
r~
d ~ ,
P~s~~n: ~~~5 ti ~~ ~
,~
ATTEST:
BY: Q~ L %~~~
MELI - SA TEAL,
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
~~--
BY: .mss
LEONARD G. RUBIN
VILLAGE ATTORNEY
Page 4 of 4
E:~hibit "A" (County Contract)
/ 11/19/2008 15:68 561-4719351
.~~~
4
~toxiio~'
t;kARLES S WHITESIDE PAG£ 03
NOV - 5 2008
s
DepArtment o[ E.~nearh~g November 3, 2006
ud ClrttNe Nroehe
P,O. Bex 212$9
vd~c Valm 9eaeh, PL 39416.1229 Charles S, Whiteside, Inc.
ts811 A84.4gtIQ 250 Truck and Trailer Way
wwuAPee$ov.~rom West Paim Beach, ~ 33413
Attn: Mr. )ohn Everett, President
~ RE. ANNUAL PATHWAY & MINOR CONSTRUCTION CONTRACT ,
PALM BEACH COUNTY PROJECT N0.20090S3
rxtm saves ~~"ep Oear Mr. Everett:
6oud d Cannry
~~ Endosed is an original executed ropy of the referenced contract Effective
AdMe L. Gr«ne, Chairperson October 21, 2008, this letter serves a5 your Notice ~ Proceed wkh the
sp~if'ied work upon issuance of written Work Orders by ti,e Palm Beach
;ercxoor~,weeChwr County Engineering Depertmer,t, the Road and Bridge Division, Streetstape
Karen T Marcus St~on, Water Utifit3e5 Department Parks and Recreation, Traffic Division,
Department of Airports, Ernironmentel Resources Management, and the
0.sbtliJ-"8"i"" CAOperative Extension Service.
;a,ay nnrc»rry
If additional information is needed, please calf me at 561/684-4070,
darn ~~~,¢~,
i~ ~. seamr+uura Sincerely,
I s~ ~~ !~ _
t:ouncy r*d~9nistneWr Charles W. Rich, P,E., Director
Engineering Services Division
Aoberc un;:sman
CWR: jt
Enclosure
pc: Mike Bowman, Director, Road and Bridge Division w/contract
Andrew Hertel, Manager, Streetscape Section w/contract
i3evin A. Beaudat P.E., Dtrertor, Water Utilities Department w/contract
Dennis Eshleman, Director, Parks and Recreation Department
nn Cpuot t~~~ry w/COrltrad
ADO"~Y"`"'"DA~°" Dan Weisberg, Director, ?rafPK Division w/contract
Brute Pelry, Director, Department of AlrpoR4 w/contract
~~
11/18!2008 15:60 561-4719351 CHARLES 5 u~IITESIDE PAGE 04
• ~OR1~ •
Annum Pathway & Minor Construction Contract
Project No. 2009053
Page 2
pC: R~hard E. Walesky, Director, Environmental Re~urces Management
w/COntraCC
'Audrey Norman, Director, Cooperative Extension Service w/~tttract
.,Mark Sfnkhorn, P.E., EruJineering Services
Barry Meve, Supervi~r, Bridge Section, Road and Bridge Division
Eric Cali, Asst. Director, Parks & Recreation
Mike f+lartz, Administrative Services, Parks & Recreation
.. Dal Major, Parks & Recreation
John P9ccarthy, Construction Project Manager, Parks and Recreation
..Robert Patane, Traffic Division, Engineering
NEyI Tobaiski, Traffic Division, Engineering
.Jerry Aiien, Director, Planning & Dev., AlrpOrts
.Gary M. Sypek, Director, Wannirtg, Airports
Vernetha Green, Manager of PrOturement, WUD
,: Larry Jrohn~n, P.E., Ash. Director, Open, & Maint., Water Utilises
,~uan Guevarez, P.E., Director, Plant Oper. & iMaint., Water Utilities
Dan Lemke, P.E., Director, Lines Oper. & Maint., Water Utilities
`~Biif lapinsky, Construction Coordinator, Water Utilities
Roberta Carfagno, Administrative Services Division
Sohn Dame, Chief Deputy Cierk, flnanoe Department
Carter Hammer, CFO, finance
Inroin 7aoobowita, Director, Contract Development and Control
N:~EN6_SEA12009053-PalhwaWatgcartrSt.-on~ual.dce
11/1Bf2008 15:40 561-4719351 GaARLES S WHITESIDE PaGE 85
STATE OF FLO ~A ~ R z 0 0 8 ~~ ~ $ ~ ~
COUNTY OP PALM BEACH)
This Contrail, made this _ day of ~ ~ i ~ A.D. 20„_,_,, by and between PALM BEACH
COUNTY, a Political Subdivision of the State of Florida, (hereinafter called the County), and CHARLES
5. WHITESIDE, INC. of WEST PALM BEACH, FL and (his) (its) (their) heirs, successors, executors,
administrators and assigns, (hereinafter called the Contractor):
WITNF.SSEfH: The Contractor agrees with the County,' for the ~nsideration herein
mentioned at his, its or their own proper cost and expense to do all the work and furnish alJ
necessary labor, materials, equipment, machinery, tools, apparatus, services, state workmen's
compensation and unemployment compensation taxes incurred in t9~e pertormance of the contract,
for the:
ANNUAL PATHWAY & MINOR CONSTRUCIIQ~) ~,(aNTRACT. PALM BEACH COUNTY PROJECT NO,
053
IN THE AMOUNTS specified in task orders which may be Issued by the County under Section #23
and the other terms of the Contract Documents. The County is not required to issue any task orders
hereunder. The maximum value of orders issued under this Contrail: shall not, in any case, exceed
EIGHT MILLION FIVE HUNDRED FORTY-THREE THOUSAND DOLLARS ($8,543,000) (except as may
be increased according do Section 37 of the Contract Speafications).
The Contract Documents relative hereto are made a part of this agreement as completely as if set
forth herein to the satisfaction of the County or its duty authorized repres'entstive.
The Contractor further agrees for the eonslderatlon herein mentioned to commence the work with
adequate forces and equipment within seve -twa (721 hours of the task order being issued for a
specific project. After commencement of tine work, the task order shall be properly dispatched
toward completion, to the satisfaction of the C-ngineer, and shall be fully complete within the time
limit specified in the task order. Should the time'limit for completion of tfie task order exceed the
expiration date of the contract, the task order work will continue to completion and the Contractor
shall ensure that Bonding and Insurance coverage do not expire until all task orders issued prior to
the expiration of this Contract are complete and accepted. It is understood and agreed hest the time
limit for completlon of said work is the essence of the contract and should the Contractor fail to
complete the work within the time limit, iC is agreed that for such calendar day that any work
provided for In these Conrail Documents shall remain incomplete after the time limit has expired,
induding any ofFiaal extension of the dme IimiC; the sum per day givers in the rnntained schedules
shall be deducted from monies due the Contractor, not as a penalty, but as liquidated damages and
added expense for supervision.
The Contractor shall take into account all contingent work whk~ has to be done by other parties
arising from any cause whatsoever, and shall not plead his want of knowledge of'SUCh contingent
work as an excuse for delay in his work, or for itr non-performance.
C-1
11/18/2008 15:40 561-4719351 CHARLES S 4lHITESIDE PAb;E 06
IN WITNESS WHEREOF, the parties have caused this Contract to be executed and seated the day
and year Rrst written above.
ATTEST:
SHARON R. BOCK, Clerk and Comptroller
A~TTEST /~
R 2 0 0$ s 18 2~ ocr 2 i zoos
PALM BEACH COUNTY, a PoNtical
Subdivision Of the State Of Florida
BOARD OF COUNTY CO~M{MISSIONERS
ey: ~ ~'ip~ ~ ll.~i a,.~ Q .
Addle L. Greene, Chairperson
ASSISTANT SECRETARY'
TITLE
(CORPORATE SEAL)
C-2
APpROVEO AS TO TERMS
AND CO/rNDITIONS
ti.
ENGINEERING
CHARLES S. i71iITESIDE, INC.
(Corporate Name)
a FroRInA
,/JOAN M. PV$RETT
(Print sfgnauory's name)
It'S PSSSIDENT
(Print dtte)
APPROVEp AS TO FORM
AND IEGAI SUFFICIENCY
f ~~
C--~~ATi'ORNEY
PROJECT NAME: ANNUAL PATHWAY AND MINOR CONSTRUCTION CONTRACT
PROJECT NUMBER: 2009053
6110 PRAPOSAI
ITCM
Qi16NT1TY UNITS UNIT PRICE TOTAL
ALL. fTEM PRIGE8 COUNTYWIDE UNlE88 INDICATED OTHERWISE
BASE BID
1 CLEARING & GRUBBING 10D AC 3125.00 $12,60D.Q0
2 SfU6tP REMOVAL 100 EA $950.00 $16.000.00
a TREE REMOVAL 200 EA $1da0D $2o,OD0.OD
4 TREE RELOCATION 1W EA $76.00 $7,500.OD
$ MAIL BOXES E 900 EA 86.00 34,500.00
0
7 REMOVE EXlSTINO ASPHALT (FULL DEPTH)
REMOVE EXt3TIN0 ASPHALT,115" OR LESB MILLING EE NOTE 0,000
4,000 SY
SY $2.00
34.00 $18,000AO
518,000.00
8 EXCAVATION 2,000 CY $8.50 $19.OQa00
9 EMJ3ANKMENT 0,000 CY 89.50 $47,600.00
10 12" TYPE C STABO.fZATION 8.000 SY ti2.OD 510,000.00
11 4" BASE (INCL. PRIME COAT} 40,000 SY 312.OD $570000.00
12
13 SASE (iNq.. PRIMECOAT)
8"SASE (ENCL. PRIME COA 3,000
3,30D 3Y
SY $12.50
513.00 $97,600.00
342,900.00
14 12°BASE WCL. PROv1E COAT 3,300 SY Sta.80 344,56Q00
1S FINISH EXISTING ROCK BASE INCL. PRIME COAT) 7,BOD 8Y 83.00 323,400.00
18 ACSC TYPE S-1 1114' 35,000 8Y 38A0 $210,000.OD
77
t8 ACSCTYPE&9 2°)
ACSC TYPE S QO TONS ORDER 35,ODD
b00 SY
TN $9.00
$20OA0 $315,000AD
5100,000.DO
19 ACSC TYPE S •80 TON ORDERS) 1,500 TN $180.Q0 3225,000.00
20 ACSC TYPES (01.100 TON ORDERS 2,000 TN $180.OD 330D,000.00
21
22
23 ACSC TYPE S >100 TON ORDERS)
ACSC TYPE S-III (1 114' NCL TACK COAL
ASPHALT ORNEWAY 1 112 NCL 8° SASE) 1,800
4'7,000
475 7N
SY
SY 816a00
39.54
330.Ot1 3270,000.00
3448,500,00
$14,250A0
24 SPEED HUMPS 530 SY $40.OD $29,2DOAD
28 4' CONCRETE PATHWAY • 50 SY OR GREATER 10,000 SY 341 AO 3738,000.00
26 8" CONCRETE PATHWAY OR DRNEWAY) • 35 SY OR GREATER 7,900 SY X0.00 5114,ODilAO
27 CAST CONCRETE TRUNCATED DOMES 800 SF $10.00 &l,Q00.O0
28 CAST-IN~PLACE ANDIOR SURFACE APPLIED TACTILE SURFACE 9D0 SF 326.00 322,6'00.00
29 4"CONCRETE REMOVAL 9,OW SY 3iS00 3917,460A0
30
3t
32
33
34
35
30
37 8" CONCRETE REMOVAL
MISC. ASPHALT (<50 TON ORDERS) {INCL. TACK COA SEE NOTE8)
MISC. ASPHALT (57-ZW TON ORDERS) {INCL. TACK CQA SEE NOTES)
MISC. ASPHALT (>2DD TON ORDERS) ~lCL, TACK COA SEE NOTES)
CONCRETE TRAFFIC SEPARATOR TYPE N
CONCRETE TRAFFIC SEPARATOR REMOVAL
CONCRETE CURBTYPE'~"(SEENO
CONCRETE CURS TYPE'b° REMOVAL 9,400
1,760
1,780 ,
1.780
4~
1,330
17,500
1,745 SY
TN
TN
TN
SY
SY
LF
lF 520.00
$t 15.00
$116.OD
$115.00
370AD
$10.00
$15.00
$2.00 528.000.00
$201250.OD
$201,250.90
5201.250.00
$32 00.00
513,300.00
$282,50Q00
$3,490.Q0
38 CONCRETE CURB S GUTTER TYPE °E" 480 LF 313.00 $8,240.OD
38
40
41
42 CONCRETE CURB 8 GUTTER TYPE °E" REMOVAL
CONCRETE CURB 8 GUTTER TYPE "F"
CONCRETE CURB & GUTTER TYPE °F" REMOVAL
CONCRETE GRAVITY WALL 626
7,800
4,500
400 LF
LF
LF
CY $4.00
$1$.00
32.00
5236.00 $2,100A0
$717,000.00
59AOa00
594,000.00
4a CONCRETE DRIVEWAY CURB BC STANDARD 050 lF $15.00 $9,750.00
44
40 CONCRETE DRIVEWAY CURS REMOVAL
STEEL RETICUUNE FRAME & GRATE INSTALLED 400
45 if
EA 38.E
$1,000.00 $2,30D.OD
546,ODOAD
48 4" PVC PIPE SCHEDULE 4 905 LF $18.00 $2,970.00
47 6° PVC PIPE SCHEDULE 40 10$ LF 824,00 $3,3g0.OD
40 10° PVC PIPE (SCHEDULE 40 170 LF 530.00 56.100.00
A9 15" RCP . t70 LF 850.00 $8,600.00
50 18° RCP 170 LF $$8.00 39,35x00
S1 24" RCP 170 LF 300.00 $10,200.00
52 15" BC~AP 170 LF 350.00 $8,600.00
53 18° BCCMP 170 LF $85.00 $9,350.00
P-2
Exhibit "B" (Contractor's Proposal)
GiARLEB 8. WHITiE81pE, pIllr.
2~1 TRtlCK TRA1l.ER WAY
WEST PALM BEACH. FLORI[3A 33413-1~5
t681y471-7888 471.1898 Fax: 471°8581
Meeu Qew/no
fl ~
~
~~ 0~ ~~ Perit ~>~ ~ Qw..
569 844j1895 tC
N
~
8!6612009
T
846 FamtsRoed AnnuaiAuphait 09
. STA and Z>P ION
North Palm Bead, Fhx1N 35408 Parlous-Atw~ Palm Beach
~ Px
Fax: 5618'16-5859
e hereby aro earLnatea tor.
!~ tlP1Cffi ~
Ead~
MenholB a ustmBMs ___...
8 _~ . ~.QO ._ . , .__ .. 82.2.00
.
_
~
Eaeh ~ VaWe hoe ad,_~sE~nenta _~
2 .,~._V 4260.00 $500.Q0
~
6.Y. MItB, ry
6,260
._ _.._ ..._ ... . ~......-~ -_.__. ._ L2_6.040A0
W
a.
_
38.158 S.Y. ~ 1914 ° S-ktaphalt
_..~... . __. ~__ x.00 ..
~ $23A,990.00
_
186 Tort6 : AiOhea Pa~tUlevai ... __... ~.._T 5200.E $37,000.00
,.. .____.. _~~ FAW P~B.C. conhad z009o5i~.~ ..._~.. ~. 4 . i..! _._._
~C ~CO~t01ft hereby to danieh mei and abot - campteDB in aoeor~~ whh ebWe epedifa~ne, Got V+a cum of
two hundred nl nine 6mu+Iand seven hwi'drad tv~n end 601100--- aouare $298.720.00
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and aandttbns are ad4~torY and are beralay ametKed. Yov ore asAhm~ed ro ~
do a,Ork ae epaaB®ed. PaparucntwfR be rrtatle as odUtrred above.
Date of ACCap~nee: SignaWre
T® 39vd 3III531THM S S3'I~fVFb T5E6TCh-T95 S5:®T 60®L/5®/9®