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HomeMy WebLinkAboutResolution_46-01/02_05/16/2002RESOLUTION NO. `~ E~- C I ~c z • A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE VILLAGE OF TEQUESTA AND NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT FOR THE FUNDING OF CYPRESS DRIVE IMPROVEMENTS WITHIN NORTHERN'S UNIT OF DEVELOPMENT NO. 36; AND THE VILLAGE PROPORTIONATE'SHARE OF THE COST OF THE CONSTRUCTION IN THE AMOUNT 'OF $28Q,879.02; AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE APPLICABLE PROPOSAL ON BEHALF OF THE VILLAGE. 2~OW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: deCt34I1 2. An I;,terlocal ~gree~tent bet~~een thz ~ iliage of T^~~~aSta and rl~rtherr Faint 8•?3 h CC`.uP.t}' Impr;'~-2fier:t Cistrict fer the fundiny^ Gf Cypress Drive Improvements w_~:.;in r~lcrthern` s Unix of De~•eiopment Inc. 3~; and t':e '1i lia.r_,e pr~oporticr,ate s~~are oL t ` ;;e cost c` the co.ristr_uction in *_he amount of S2~G, 8?0.02, attached hereto as Exhibit "k", i~,corporated by referer_ce as part of this R2sclution is hereby approved, and the 4'illage [~;anager cf t;:e. Vi llage of Tequesta is a~;rhorized to execute 'i.he appiicabie contract en behalf cf the Village of T2questa. T6E FOREGOING F.EBOL-UTION WAS OFFERED by Councilmem:~er VLbt ~VCvytlc i~ho moved its.~~adoptior.. The motion way; sQconded by Counci].r~~ernber 2..F.c.~-. _--- ,and :upon baizg ;gut to a Grote, ti.a vote way as r~) lo~~~s r^OR P~OPTION AGAINST ADOPTION ~ iV ~~~L1.1•~~ VC-~ ~~--- - ---------- --- ------- .~ r ----- --- 'I'}-~e Mayer thereupon declared the Resolution duly passed and adopted this 16`h day of May, A. D. 2602. Mayor of Tequesta a,lodt.•,a.1 Geraldine A. Genco A T ~ ~; S'" . M~ ry,~ v~olcott ~~Iillage Clerk RewF~eivrulntsroeaiAg-r-sa~Ncnha ePa!:nBocCCmm~ ~oueh('.•pms • • C2 v~F'~ ~ ~.~ ~.:~ ~ ~~ ~'2 INTERLOCAL AGREEMENT BETWEEN THE VILLAGE OF TEQUESTA AND NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT FOR THE ACQUISITION AND CONSTRUCTION OF DRAINAGE IMPROVEMENTS FOR NORTHERN UNIT OF DEVELOPMENT N0.36 This Interlocal Agreement (the "Agreement") shall be effective as of the ~ ~N~day of 2002 (the "Effective Date") and is being entered into by and between the VILLAGE OF TEQE~STA, 250 Tequesta Drive, Tequesta, Florida 33469, a Florida municipal corporation, (hereinafter referred to as the "Village") and NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT, 357 Hiatt Drive, Palm Beach Gardens, Florida 33418, an independent special district of the State of Florida (hereinafter referred to as "Northern"). WITNESSETH: WHEREAS, it is the goal of the Village and Northern~to cooperate and assist each other, where possible, in order to provide an effective and efficient delivery of services to their respective residents; and • WHEREAS, the Village and Northern are aware of a number of parcels of real property located within Northern's Unit of Development No. 36 (hereinafter referred to as "Unit No. 36") which have experienced significant stormwater drainage problems in the past; and WHEREAS, the Village and other interested parties have requested that Northern undertake the acquisition of F.E.C. Railroad real property and the design, implementation and construction of certain hereinafter identified stormwater drainage improvements (all of which is herein referred to as the "Drainage Improvements") for the provision of stormwater drainage improvements for the real property located within Unit No. 36; and WHEREAS, in order for Northern to acquire., design, implement and/or construct the Drainage Improvements, Northern has previously adopted a Plan of Improvements, as amended (a copy of which is attached, identified as Exhibit "A" and herein referred to as the "Plan of Improvements") for its Unit No. 36, which Plan of Improvements describes the Drainage Improvements which are the subject of this Agreement; and WHEREAS, an Amended Report of Engineer dated (a copy of which is attached, identified as Exhibit "B" and herein referred to as the "Engineer's Report") for the Unit .No. 36 Plan of Improvements has been approved by Northern's Board of Supervisors in accordance with Chapter 2000-467, Laws of Florida, and Chapter 298, Florida Statutes (together the "Act"); and WHEREAS, the Engineer's Report finds that the Village Private Lands and Village Public • Lands, as therein identified and described, will receive a benefit as a result ofNorthern's acquisition, implementation and construction of the Drainage Improvements; and 1 • WHEREAS, the Village has determined that rather than require Northern to levy an annual non-ad valorem assessments upon the Village Public Lands in order to pay for said real property's allocable share of the cost of real property acquisition, design, implementation and construction of the Drainage Improvements, that it would prefer to make a direct payment to Northern for the allocable share of the cost of acquiring, designing, implementing and constructing the Drainage Improvements that are applicable to the Village Public Lands. NOW, THEREFORE, in accordance with Chapter 163, Part I, Florida Statutes, as amended, the Village and Northern, for and in consideration of the mutual benefits and promises as set forth herein, do hereby enter into this Agreement and represent, covenant, and agree with each other as follows: SECTION 1. RECITALS. The parties do hereby acknowledge and agree that the above Recitals are true and correct to the best of their knowledge and belief and are incorporated herein by this reference. SECTION 2. PURPOSE. The purpose of this Agreement is to identify the parties' respective duties and obligations regarding the acquisition, funding, design, construction and subsequent maintenance of the Drainage Improvements. SECTION 3. VILLAGE DUTIES AND OBLIGATIONS. The Village agrees to the . following duties and obligations, namely: (A) To pay the Village Public Lands' proportionate share of the cost of real property acquisition, design, implementation and construction of the Drainage Improvements as follows: (i) Within thirty (30) calendar days following the Effective Date of the Agreement, the Village shall pay to Northern the sum of Two Hundred and Thirty-One Thousand Twenty-Eight and 361100 Dollars (U.S.D. $231,028.36), which sum represents the initial estimated combined allocable share of the cost of acquiring, designing, implementing and constructing the Drainage Improvements as is applicable to the Village Public Lands. (ii) If, upon Northern's receipt of construction proposals for the construction of the Drainage Improvements, it is determined by Northern and the Village, that the funds previously advanced by the Village pursuant to this Agreement are insufficient for their intended purpose, then in that event following the Village's receipt of a written request from Northern for the required additional amount, said Northern request for additional funds shall be promptly submitted to the. Village's Manager for the processing of payment. If the payment is approved, said additional payment amount shall be paid within thirty (30) calendar days of such approval. (iii) If, following final completion of construction of the Drainage improvements and receipt from Northern of an informal accounting itemizing the costs and expenses incurred by Northern for the acquisition of real property, design, implementation and construction of the 2 • Drainage Improvements, it is determined by Northern and the Village, that the amounts previously paid by the Village to Northern are less than the Village Public Lands' actual allocable share of the cost of the acquisition of real property, design, implementation and construction of the Drainage Improvements as said share is calculated in the Engineer's Report, then in that event said Northern request for additional funds shall be promptly submitted to the Village's Manager for the processing of payment. If the payment is approved, said additional payment amount shall be paid within thirty (30) calendar days of such approval. (B) The Village acknowledges and agrees that the contribution amounts described in this Section apply only to the Village Public Lands' share of the cost of real property acquisition, design, implementation and construction of the Drainage Improvements and that thereafter the Village Public Lands will still be annually assessed anon-ad valorem Maintenance Assessment by Northern in accordance with the Engineer's Report, the Act and Section 197.3632, Florida Statutes. SECTION 4. NORTIiERN'S DUTIES AND OBLIGATIONS. Northern does hereby agree to the following duties and obligations: (A) Following the Effective Date of this Agreement, payment by the Village of Two - Hundred and Thirty-One Thousand Twenty-Eight and 36/100 Dollars (LJ.S.D. $231,028.36) and receipt of similar agreements and required payments from two (2) other governmental entities, Northern shall proceed with acquisition of the F.E.C. Railroad real property and following the purchase of same, commence to publicly bid the Drainage Improvements and award the bid to the lowest and best qualified bidder. (B) If the cost of the F.E.C. Railroad real property acquisition or the amount of the lowest and best bid for construction of the Drainage Improvements is greater than estimate used to determine the Village's initial estimated payment, then in that event Northern shall promptly submit a written request to the Village for the additional amount of the Village contribution. (C) Northern shall require any contractor that installs or constructs a Drainage Improvement to provide: (i) a Certificate of Insurance reflecting the Village as an additional insured for the contractor's comprehensive general liability insurance and supplemental umbrella insurance coverage, and (ii) a F.S. 255.05 Payment and Performance Bond in an amount equal to the contractor's bid for construction of the Drainage Improvement. (D) Northern shall cause the Drainage Improvements to be installed in accordance with the plans, specifications, drawings and field surveys prepared or approved by its Engineer. (E) Northem shall provide the Village with a monthly informal accounting reflecting the funds expended by Northern for construction of the Drainage Improvements. (F) Within forty-five (45) calendar days following Northern's Engineer's certificate of final completion of the Drainage Improvements, Northern shall provide the Village with a final • informal accounting of the actual costs and expenditures incurred for the real property acquisition, design, implementation and construction of the Drainage Improvements. In the event the Village's allocable share of the actual costs of the Drainage Improvements is less than the amounts previously paid by the Village to Northern, Northern shall refund such surplus to the Village within thirty (30) calendar days of the accounting. SECTION 5. CHANGE ORDER PROCEDURE. Northern shall give written notice to the Village of any proposed change order which will increase the Village's allocable share of the costs attributable to construction of a Drainage Improvement for an amount greater than-the hereinabove initial estimated Village allocable share of the .cost of acquiring, designing, implementing and constructing the Drainage Improvements: Said Northern notice to the Village of a proposed change order shall explicitly describe the nature, necessity and amount of the proposed change order. The Village shall be required to notify Northern in writing of its approval, denial or request for additional information regarding the subject change order within five (5) working days of the Village's receipt of the Northern written notice. If the Village should fail to respond within the applicable five (5) working days, then in that event said failure to respond shall be deemed a denial of the requested change order unless and until otherwise approved in writing by the Village. SECTION 6. NON-INTERFERENCE. The Village hereby agrees that it will not directly communicate with any Northern contractor, materialmen or supplier involved in the installation of the Drainage Improvements unless requested by Northern and that any requests or inquiries by the Village will be directed to Northern. SECTION 7. EARLY TERMINATION OPTION. The Village and Northern do hereby agree that this Agreement may be terminated in the event of the occurrence of either of the following events, namely: (A) Following execution of this Agreement, Northern intends to proceed with negotiation of a contract for the acquisition of the F.E.C. Railroad real property. Any contract that it enters into for such acquisition shall contain a provision that the contract is subject to a fifteen (15) business day review period within which the County of Palm Beach, Town of Jupiter or the Village shall each have the right to individually object in writing to all or any portion of said contract. If any such objection is received by Northern within said time period and Northern is unable to resolve the objection within five (5) business days, then in that event Northern shall promptly notify the seller. of the F.E.C. Railroad real property of the objection and cancel the real estate contract. In the event of such cancellation, any and all duties and obligations of Northern and the Village under this Agreement shall thereupon terminate. (B) Northern shall publicly bid all construction contracts related to the implementation and construction of the Drainage Improvements in accordance with Section 255.20, Florida Statutes. If, following Northern's receipt of bids for the implementation and construction of the Drainage • Improvements, it is determined that the lowesf and best bid amount exceeds the amount by which 4 the Village's initial estimated allocable share of the cost of acquiring, designing, implementing and constructing the Drainage Improvements was calculated, then in that event Northern shall promptly provide written notice to the Village, Palm Beach County and Village of Tequesta of the amount of the lowest and best bid and each entity shall then have a fifteen (15) business day review period within which any one or them may individually object in writing to the award. In the event any such objection is received by Northern and Northern can not resolve the obj ection within five (5) business days, Northern shall promptly provide written notice to the lowest and best bidder of the rejection of its bid and upon the issuance of said rejection any and all duties and obligations of Northern and the Village under this Agreement shall terminate. (C) In the event one of the above early termination provisions should be implemented, then in that event Northern shall be obligated despite any language in this Agreement to the contrary, to refund to the Village the monies previously deposited by the Village with Northern pursuant to the terms of this Agreement, less and excepting therefrom the Village's proportionate share of any and all fees, costs and expenses as have been incurred by Northern through the date of said termination. SECTION 8. LIABILITY, The parties to this Agreement shall not be deemed to assume any liability for the negligent or wrongful acts or omissions of the other and nothing contained herein shall be construed as a waiver by either party of the liability limits established in Section 768.28, Florida Statutes. • SECTION 9. VILLAGE INDEMNIFICATION. In the event a claim or lawsuit is brou ht _ g against Northern, its officers, employees, servants, consultants or agents, related to or arising out of an alleged act or omission by the Village for which the Village was responsible under this Agreement, the Village agrees, without waiver of limitation as provided for in Section 768.28, Florida Statutes and to the extent permitted by law, to indemnify and hold harmless Northern, its officers, employees, servants, consultants or agents from and against said claims, losses, demands, damages, liabilities or causes of action of whatsoever kind or nature that Northern, its, officers, employees, servants, consultants or agents may or could sustain. SECTION 10. NORTHERN INDEMNIFICATION. In the event a claim or lawsuit is brought against the Village, its officers, employees, servants, consultants or agents, related to or arising out of an alleged act or omission by Northern for which Northern was responsible under this Agreement, Northern agrees, without waiver of limitation as provided for in Section 768.28, Florida Statutes and to the extent permitted by law, to indemnify and hold harmless the Village, its officers, employees, servants, consultants or agents from and against said claims, losses, demands, damages, liabilities or causes of action of whatsoever kind or nature that the Village, its officers, employees, servants, consultants or agents may or could sustain. SECTION 11. NOTICES. Any and all written notices required or permitted to be given hereunder shall be deemed received upon hand delivery or facsimile transmission or if same are deposited in U.S. Mail and sent via certified mail, return receipt requested, within five (5) business 5 • • • days from the date of such deposit. All notices to the Village shall be sent to: The Village of Tequesta 250 Tequesta Drive Tequesta, Florida 33469 Attn: Michael R. Couzzo, Phone: (561) 575-6200 Fax: (561) 575-6203 Village Manager All notices to Northern shall be sent to: Northern Palm Beach County Improvement District 357 Hiatt Drive Palm Beach Gardens, Florida 33418 Attn: Executive Director Phone: (561) 624-7830 Fax:. (561) 624-7839 SECTION 12. AMENDMENTS. Except as expressly permitted herein to the contrary, no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed by both parties with the same formality as the execution of this Agreement. SECTION 13. VENUE AND ELECTION OF REMEDIES. This Agreement shall be construed and governed by the laws of the State of Florida. Any and all legal actions arising out of or necessary to enforce this Agreement shall be held in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida. 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 hereinafter 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 fiu-ther exercise thereof. SECTION 14. DISCRIMINATION. Northern and the Village agree that no person shall on the grounds of race, color, sex, national origin, disability, religion, ancestry, marital status or sexual orientation be excluded from the benefits of or be subjected to any form of discrimination under any activity carried out by the performance of this Agreement. SECTION 15. ATTORNEY'S FEES AND COSTS. In the event of any litigation or administrative proceeding to settle issues arising hereunder, each party shall bear its own costs and expenses, which shall include but not be limited to any legal and expert fees and costs for any appeal that may be taken. SECTION 16. SEVERABILITY. In the event that any section, paragraph, sentence, clause or provision hereof is held invalid by a court of competent jurisdiction, -such holding shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect unless the invalid finding is as to payment or construction obligations of a party in which event the Agreement shall be thereupon terminated. 6 • • • SECTION 17. ENTIRE UNDERSTANDING. This Agreement represents the entire understanding between the parties and supersedes all other negotiations, representations or agreements, either written or oral, relating to the matters which are the subject of this Agreement. SECTION 18. HEADINGS. The headings contained in this Agreement are for convenience of reference only and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. SECTION 19. COUNTERPARTS. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. SECTION 20. CONSTRUCTION. The parties acknowledge that each has shared equally in the drafting and construction of this Agreement and, accordingly, no Court construing this Agreement shall construe it more strictly against one party than the other and every covenant, term and provision of this Agreement shall construed simply according to its fair meaning. SECTION 21. CLERK OF COURT. A copy of this Agreement shall be filed with the Clerk of the Court in and for Palm Beach County, Florida. SECTION 22. EFFECTIVE DATE. This Agreement shall be effective as of the last date that it is signed by the parties hereto. EXECUTED by the Village this day of 2002. ATTEST: By: f~cY-i r,~ Village Clerk Approved as to legal form and sufficiency: By: Village VILLAGE OF TEQUESTA By: U,`~la ~ c 7 • • EXECUTED by Northern this ~.a"JDday of , 2002. ATTEST: NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT By: Peter L. Pimentel, Secretary Approved ~s to legal form and sufficiency: By: `Kenneth W. Edwards, Attorney Northern Palm Beach County Improvement District • U:\NORTHERN\AGMTS\36\INTERLOC\iNTERLOC.TEQ By: A. Sa y Hamadeh, President g • CYPRESS DRIVE DRAINAGE IMPROVEMENTS NPCID UNIT OF DEVELOPMENT No. 36 VILLAGE OF TEQUESTA BILL OF SALE • Item Description Quantity 48", 5/8" Wall, Steel Casin 100 LF Exfiltration Trench, Twin 36" HDPE, 6' Min. Trench 697 LF 42" RCP Storm Sewer 196 LF 36" HDPE Storm Sewer, in Casin 100 LF 36" HDPE Storm Sewer 63 LF 30"RCP Storm Sewer 210 LF 24" RCP Storm Sewer 21 LF Weir Structure, Storm Sewer, 10' x 10' 2 EA Junction Box, Storm Sewer, 10' x 10' 2 EA 5' Manhole, storm Sewer 2 EA Catch Basin, Rinker Outfall, 7'4" x 7'4" 1 EA 24" HDPE Pie 14 LF 24" HDPE 90 de .Bend 1 EA 24" Bubble U Grate lEA TOTAL VALUE OF IMPROVEMENTS = $208,120.55 (17.04% of Total Project Cost of $1,221,364.71) • H:\044577000\Tequesta Bill of Sale.doc FINAL • CYPRESS DRIVE DRAINAGE IMPROVEMENTS NPCID UNIT OF DEVELOPMENT No. 36 TOWN OF JUPITER BILL OF SALE Item Description Quantity 48", 5/8" Wall, Steel Casin 111 LF Exfiltration Trench, Twin 36" HDPE, 4' Min. Trench 1209 LF Exfiltration Trench, 24" HDPE 55 LF 42" HDPE Storm Sewer 1579 LF 36" HDPE Storm Sewer, in Casin 111 LF 36" HDPE Stone Sewer 32 LF 36" RCP Storm Sewer 239 LF 24" RCP Storm Sewer 8 LF 14" x 23" RCP 16 LF Concrete Collar 1 EA Outfall Structure S-1 1 EA Weir Structure, Storm Sewer, 10' x 10' 1 EA Junction Box, Storm Sewer, 10' x 10' 2 EA 6' Manhole, Storm Sewer 4 EA 5' Manhole, Storm Sewer 2 EA Ditch Bottom Inlet, Type "E" 1 EA Rubble Ri Ra 42 SY T e "D" Curbin 168 LF T e "F" Curbin 450 LF 1 '/z" T e S-III As halt 440 SY 16" Limerock Base 400 SY TOTAL VALUE OF IMPROVEMENTS = $577,827.64 (47.31 % of Total Project Cost of $1,221,364.71) • H:\044577000Vupiter Bill of Sale.doc • ENVIRONMENTAL RESOURCE /SURFACE WATER MANAGEMENT PERMIT SURFACE WATER MANAGEMENT SYSTEM CONSTRUCTION COMPLETION CERTIFICATION ENVIRONMENTAL RESOURCE COMPLIANCE DIVISION Permit No. 50-04423-P Application No(s) Project Name Cypress Drive Drainage Improvement Phase N/A Weir: Bleeder: The subject surface water management system has been designed, constructed and completed as follows (check all that apply): DISCHARGE STRUCTURE(S) Please provide the requested information for all permitted discharge structures. Attach additional sheets if needed. Structure Identification Number: S-7, S-11, and S-15 width See Attached type Additional discharge structure information attached. crest See Attached dimensions invert RETENTION/DETENTION AREA(S): Please provide the requested information for all permitted retentionldetention areas. Attach additional sheets if needed. Retention/Detention Area Identification Number: N/A ^ Additional retention/detention area information attached. 981204-8 Size (acres) Side Slope (h:v) EXFILTRATION TRENCH -Confirmation of cross-section with pipe size and invert, trench width, height and length is provided on the attached. CONVEYANCE SYSTEM ONLY -The components of the permitted surface water management consist of inlets, pipes or other form of conveyance system. Confirmation of ditches, canals, and/or swales with cross-sections, pipe diameters, inverts, and lengths is provided on the attached. Please indicate the location of the benchmark(s) used to determine the above information on the record drawings (40E- 4.381(1)(f), F.A.C. Code). All elevations should be according to National Geodetic Vertical Datum (NGVD). I HEREBY NOTIFY THE DISTRICT OF THE COMPLETION OF CONSTRUCTION OF ALL THE COMPONENTS OF THE SURFACE WATER MANAGEMENT FACILITIES FOR THE ABOVE REFERENCED PROJECT AND CERTIFY THAT THEY HAVE BEEN CONSTRUCTED IN SUBSTANTIAL CONFORMANCE WITH THE PLANS AND SPECIFICATIONS PERMITTED BY THE DISTRICT. [A COPY OF THE APPROVED PERMIT DRAWINGS IS ATTACHED WITH DEVIATIONS NOTED, IF APPLICABLE.) Engineer's Signature, Seal and Date: n ~ f . ~. ~ ' •' ~ j ''~ ''~' ,i- ,: _f: ";:-. ~; , . - Please Print or Type Engineer's Name John E. Potts, P.E. #22881 Company Name Kimley-Horn and Associates, -Inc. Address 4431 Embarcadero Drive West Palm Beach, FL 33407 • Authorization No of Engineering Business (if applicable) CA 00000696 Telephone Number (561) 645-0665 E-mail lohn.potts(g~kimley-horn.com ~.~rm 0881A (On/20031 • South Florida Water Management District Environmental Resource /Surface Water Management Permit Surface Water Management System Construction Completion Certification Additional Information Discharge Structures: Weir S-7: Width = 10 feet Crest = 6.5' +/- Weir S-11: Width = 10-feet Crest = 10.4' +/- Weir 5-15: Width = 10 feet Crest = 8.4' +/- Exfiltration Trench: The Exfiltration Trench was constructed in general conformance with the plans and specifications as shown on the attached Record Drawings. Conveyance System: The Conveyance System was constructed in general conformance with the plans and specifications as shown on the attached Record Drawings. Benchmarks: Benchmarks used on the Project can be found on sheets 8 and 9 of the Record Drawings. • H:`Oa157-000`SF~\'~9I) Consi Cert addl ~nf~i.doc