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HomeMy WebLinkAboutresolution.council.076-93 Ie ne;... 1% ~'" - RESOLUTION NO. 76 (Series of 1993) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A PROFESSIONAL SERVICES AGREEMENT BETWEEN STARK ROOFING COMPANY AND THE CITY OF ASPEN, COLORADO, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ASPEN. COLORADO. WHEREAS, there has been submitted to the City Council a construction contract between Stark Roofing Company and the City of Aspen, a true and accurate copy of which is attached hereto as Exhibit "A"; NOW. THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ASPEN, COLORADO: That the City Council of the City of Aspen hereby approves that construction contract between Stark Roofing Company and the City of Aspen, a copy of which is annexed hereto and incorporated herein. and does hereby authorize the Mayor of the City of Aspen to execute said agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the ..<5 day of~.Lo ./ 1993. 1'. ~~..~ Joh S. Bennett, Mayor I, Kathryn S. Koch. duly appointed and acting City Clerk docertify that the foregoing is a true and accurate copy of that~ution adopted by the City Council of the City of Aspen, Colorado, at a meeting held ~ A4 w~.s; /99:3.> \~A ., ft, ~,. "'!. ~ w. CONSTRUCTION AGREEMENT THIS AGREEMENT, made and entered into, this 25th day of October, 1993, by and between the City of Aspen, Colorado, hereinafter referred to as the "City" and Stark Roofing Company, hereinafter referred to as the "Contractor". The Project is: Remodel & Renovation of the Aspen Community Arts C~nter The Architect is: Pember + Reid Architects, Inc. The Owner and Contractor agree as set forth below: ARTICLE 1 THE CONTRACT DOCUMENTS 1.1 The Contract Documents consist of this Construction Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, the City's Request for Qualification Statements, Contractor's Qualification Statement, Addenda issued prior to the execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement; these form the Contract, and are as fully a part of the Contract as jf attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. If anything in the other Contract Documents is inconsistent with this Agreement, this Agreement shall govern. ARTICLE 2 2.1 The Contractor shall execute the entire Work described in the Contract Documents, except to the extent spercifically indicated in the Contract Documents to be the responsibility of others. ~.. '. ~ '. A '.' ARTICLE 3 RELATIONSHIP OF THE PARTIES 3.1 The Contractor accepts the relationship of trust and confidence established by this Agreement and covenants with the Owner to cooperate with the Architect and utilize the Contractor's best skill, efforts and judgment in furthering the interests of the Owner; to furnish efficient business administration and supervision; to make best efforts to furnish at all times an adequate supply of workers, materials, equipment and supplies; and to perform the Work in the best way and most expeditious and economical manner consistent with the interests of the Owner. The Owner agrees to exercise best efforts to enable the Contractor to perform the Work in the best way and most expeditious manner by furnishing and approving in a timely way information required by the Contractor and making payments to the Contractor in accordance. with requirements of the Contract Documents. ARTICLE 4 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4.1 The date of commencement and date that Contractor shall achieve Substantial Completion of the entire Work shall be the dates to be fixed in a Notice to Proceed issued by the Owner and within ten (10) days of issuance of a building permit. ARTICLE 5 CONTRACT PRICE 5.1 GUARANTEED MAXIMUM PRICE 5.1.1 The sum of the Cost of the Work and the Contractor's Fee is guaranteed by the Contractor not to exceed One Hundred and One Thousand, Eight Hundred Sixty Four Dollars ($101,864.00), subject to additions and deductions by Change Order as provided in the Contract Documents. Such maximum sum is referred to in the Contract Documents as the Guaranteed Maximum Price, Costs which would cause the Guaranteed Maximum Price to be exceeded shall be paid by the Contractor without reimbursement by the Owner. ARTICLE 6 CHANGES IN THE WORK 6.1 Adjustments to the Guaranteed Maximum Price on account of changes in the Work maybe determined by any of the methods listed in Article II ofthe'General Conditions. 2 '%e' ~" -(i,,,, e e ARTICLE 7 COSTS TO BE REIMBURSED 7.1 The term Cost of the Work shall mean costs necessarily incurred by the Contractor in the proper performance of the Work. Such costs shall be at rates not higher than the standard paid at the place of the Project except with prior consent of the Owner. The Cost of the Work shall include only the items set forth at Article 11.4 of the General Conditions. ARTICLE 8 COSTS NOT TO BE REIMBURSED 8.1 The Cost of the Work shall not include those items set forth at Section 11.5 of the General Conct'itions. ARTICLE 10 SUBCONTRACTS AND OTHER AGREEMENTS 10.1 Those portions of the Work that the Contractor does not customarily perform with the Contractor's own personnel shall be performed under subcontracts or by other appropriate agreements with the Contractor. The Contractor shall obtain bids from Subcontractors and from suppliers of materials or equipment fabricated especially for the Work and shall deliver such bids to the Architect. The Contractor will then determine, with the advice of the Owner and subject to the reasonable objection of the Architect or Owner, which bids will be accepted. The Owner may designate specific persons or entities from whom the Contractor shall obtain bids; however, inasmuch as a Guaranteed Maximum Price has been established, the Owner may not prohibit the Contractor from obtaining bids from others. The Contractor shall not be required to contract with anyone to whom the Contractor has reasonable objection. The Contractor shall not contract with anyone to whom Owner or Architect has reasonable objection. ARTICLE 11 ACCOUNTING RECORDS 11.1 The Contractor shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management under this Contract; the accounting and control systems shall be satisfactory to the Owner. The Owner and the Owner's accollntants shall be afforded access to the Contractor's records, books, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, vOllchers, memoranda and other data relating to this 3 (It \It '.rt ~I ~"'. Contract, and the Contractor shall preserve these for a peTiod of three years after final payment, or for such longer period as may be required by law. ARTICLE 12 PROGRESS PAYMENTS 12.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. 12.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month. 12.3 Provided an Application for Payment is received by the Architect not later than the first day of a month, the Owner shall make payment to the Contractor not later than the tenth day of the following month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than fifteen days after the Architect receives the Application for Payment. 12.4 With each Application for Payment the Contractor shall submit payrolls, petty cash accounts, receipted invoices or invoices with check vouchers attached, and any other evidence required by the Owner or Architect to demonstrate that cash disbursements already made by the Contractor on account of the Cost of the Work equal or exceed (1) progress payments already received by the Contractor; less (2) that portion of those payments attributable' to the Contractor's Fee; plus (3) payrolls for the period covered by the present Application for Payment; plus (4) retainage provided in Subparagraph 12.5.4, if any, applicable to prior progress payments. 12.5.1 Each Application for Payment shall be based upon the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Guaranteed Maximum Price among the various portions of the work, except that the Contractor's Fee shall be shown as a single separate item. The schedule of values shall be prepared in such form and supported by -such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. 12.5.2 Applications for Payment shall show the percentage completion of each portion of the Work as of the end of the period covered by the Application for Payment. The percentage completion shall be the lesser of (I) the percentage of that portion of the Work whi.ch has actually been completed or (2) the percentage obtained by dividing (a) the expense which has 4 e. ~ '\\".. lei. , ~ qa ~. actually been incurred by the Contractor on account of that portion of the Work for which the Contractor has made or intends to make actual payment prior to the next Application for Payment by (b) the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. 12.5.3 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 12.5.3.1 Take that portion of the Guaranteed Maximum Price properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included as provided in the General Conditions, even though the Guaranteed Maximum Price has not yet been adjusted by Change Order. 12.5.3.2 Add that portion of the Guaranteed Maximum Price properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing. 12.5.3.3 Add the Contractor's Fee, less retainage of ten percent (10%). The Contractor's Fee shall be computed upon the Cost of the Work described in the two preceding Clauses at the rate stated in Paragraph 5.1. 12.5.3.4 Subtract the aggregate of previous payments made by the Owner. 12.5.3.5 Subtract the shortfall, if any, indicated by the Contractor in the documentation required by Paragraph 12.4 to substantiate prior Applications for Payment, or resulting from errors subsequently discovered by the Owner's accountants in such documentation. 12.5.3.6 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in the General Conditions. 12.5.4 Additional retainage shall be as set forth in the Supplemental Conditions. 12.7 Except with the Owner's prior approval, payments to Subcontractors included in the Contractor's Applications for Payment shall not exceed an amount for each Subcontractor calculated as follows: 12.7.1 Take that portion of the Subcontract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Subcontractor's Work by the share of the total Subcontract Sum allocated 'to 'tl1at portion in the Subcontractor's 5 <It e" ~ ~ tA. 'w schedule of values, less retainage of ten percent (10 %). Pending final determination of amounts to be paid to the Subcontractor for changes in the Work, amounts not in dispute may be included as provided in the General Conditions even though the Subcontract Sum has not yet been adjusted by Change OrdeL 12.7.2 Add that portion of the Subcontract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing, less retainage of ten percent (10%). 12.7.3 Subtract the aggregate of prevlOus payments made by the Contractor to the SubcontractoL 12.7.4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment by the Owner to the Contractor for reasons which are the fault of the SubcontractoL 12.7.5 Add, upon Substantial Completion of the entire Work of the Contractor, a sum sufficient to increase the total payments to the Subcontractor to one hundred percent (100%) of the Subcontract Sum, less amounts, if any, for incomplete Work and unsettled claims; and, if final completion of the entire Work is thereafter materially delayed through no fault of the Subcontractor, add any additional amounts payable on account of Work of the Subcontractor in accordance with the General Conditions. 12.8 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. 12.9 In taking action on the Contractor's Applications for Payment, the Architect shall be entitled to rely on the accuracy and completeness of the information furnished by the ContractOr. 6 It - .. e, ". " ARTICLE 13 FINAL PAYMENT 13.1 Final payment shall be made by the Owner to the Contractor when (1) the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct defective or nonconforming Work, as provided in the General Conditions, and to satisfy other requirements, if any, which necessarily survive final payment; (2) a final Application for Payment and a final accounting for the Cost of the Work have been submitted by the Contractor and reviewed by the Owner's accountants; and (3) a final Certificate for Payment has then been issued by the Architect within seven (7) days of Contractor's request; such final payment shall be made by the Owner not more than 30 days after the issuance of the Architect's final Certificate for Payment. 13.2 The amount of the final payment shall be calculated as follows: 13.2.1 Take the sum of the Cost of the Work substantiated by the Contractor's final accounting and the Contractor's Fee; but not more than the Guaranteed Maximum Price. 13.2.2 Subtract amounts, if any, for which the Architect withholds, in whole or in part, a final Certificate for Payment as provided in the General Conditions or other provisions of the Contract Documents, 13.2.3 Subtract the aggregate of previous payments made by the Owner, If the aggregate of previous payments made by the Owner exceeds the amount due the Contractor, the Contractor shall reimburse the difference to the Owner, 13.3 The Owner's accountants will review and report in writing on the Contractor's final accounting within 30 days after delivery of the final accounting to the Owner by the Contractor, Based upon such Cost of the Work as the Owner's accountants report to be substantiated by the Contractor's final accounting, and provided the other conditions of Paragraph 13.1 have been met, the Owner shall, within seven days after receipt of the written report of the Owner's accountants, either issue to the owner a final Certificate for Payment with a copy to the Contractor, or notify the Contractor and Owner in, .writing of the Owner's reasons for withholding a certificate as provided in the General Conditions. The time periods stated in this Paragraph 13.3 supersede those stated in the General Conditions. 13.4 If, subsequent to final payment and at the Owner's request, the Contractor incurs costs described in Article 7 and not excluded by Article 8 to correct defective or nonconforming Work, the Owner shall reimburse the Contractor such costs and the Contractor's Fee applicable thereto on the same basis as if such costs had been incurred 'prior to final payment, but not in 7 ~_. " "t,< (I ~... \~. excess of the Guaranteed Maximum Price, if any. If the Contractor has participated in savings as provided in Paragraph 5.2, the amount of such savings shall be recalculated and appropriate credit given to the Owner in determining the net amount to be paid by the Owner to the Con tractor. ARTICLE 14 MISCELLANEOUS PROVISIONS 14.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 14.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the legal rate prevailing from time to time at the place where the Project is located. ARTICLE 15 TERMiNATION OR SUSPENSION 15.1 The Contract may be terminated by the Owner for cause as provided in Article 15 of the General Conditions; however, the amount, if any, to be paid to the Contractor under this Agreement shall not cause the Guaranteed Maximum Price to be exceeded. 8 ,.... ~- This Agreement is entered into as of the day and year first written above and is executed in a least three original copies of which one is to be delivered to the Contractor, one to the Architect for use in the administration of the Contract, and the remainder to the Owner. CONTRACTOR CITY ". . ATTEST: 0_ I'k. ~, COl1~tsub.agr By: M/~ Signature ,JIbed S//7Wt d7~ Name & Title 9~f( ~c;:a.0~r7 C () , J ~ ). /'}.8."'-".::4 - John S. Bennett, Mayor 9 ,'e '~ 10\.. ~ ., ,. ~. tA. - SUPPLEMENTARY CONDITIONS Article 1 - Bonds 1. 1 The Contractor shall furnish Performance and Payment Bonds for 100% of the project cost as security for the performance and payment of all the Contractor I s obligations under the Contract Documents. Article 2 - Specifications 2.1 The Contractor shall construct the roof as stated in the Specifications, Proposal dated October 14, 1993, and memorandum dated October 19, 1993. White Hypalon material shall be used as membrane for the roof. All construction shall be performed in accordance with the manufacturers' recommendations and specifications. Article 3 - warranty 3.1 The roof shall be covered under a ten year material and labor warranty specifically defined in the attached Warranty Documents. It is understood by the city and the Contractor that renovation of the building will continue after installation of the roof system, and that any modifications or penetrations and techniques thereof made to the roof after installation will be pre-approved by J.P. Stevens Inc. (roof membrane manufacturer) and the Contractor, and will not affect the warranty. The Contractor shall then be responsible to make final repairs to the roof surface upon completion of the modifications or penetrations. The Contractor shall be reimbursed for these final repairs at a rate of $36.00 per hour and the cost of materials. Article 4 - proposal 4.1 The provisions set forth in the Contractor's Proposal relating to matters other than specifications and estimates for the work which conflict with other sections of the Contract Documents shall have no legal effect. 1}lrnpOfiU[ P.~. NO. "' Pogo< ALSTARK945-5238 FAX NO. 945-1574 SPRING CENTER BUILDING l1B W. 6TH ST.. SUITE 204 P.O. BOX 2Cl02 GLENWOOO SPRINGS. CO 81602 RE_RQOFING AND REPAIRS COMMERCIAL AND RESIDENTIAL ..Sf I'HONE DATE October 14, 1993 of As en JOB NAME RE: Red Brick & Community Arts & Recreation JOB LOCATION Center, 110 E Hallum, Aspen, CO JOB PHONE STREET 130 South Galena Street CITY, STATE AND ZIP CODE Aspen, CO 81611 )I,~J;K~.I!;;'I: DATE OF PLANS ATTN: PEMBER & reid architec , Inc. 9-30-93 w. hor.bv .ubm;' ,p.cl1i~",;on. .od .otim.... 10<: Furnish material and labor to install a new roof. Proposal includes a J.P.$. elastomeric hypalon roof system as per plans and specification. Mem- brane color is sk blue. Sheet metal flashin s will be fabricated b Stark Roofin from a 24-26 au e K nar metal color selected b owner. Treated ~ood lates and 1 wood for brick walls are included. Roof s stem is an all ~omponant part system except for Kvnar sheet metal. Roof drains will all be .retro-fitted with new drain assemblY as specified b manufacturer. Existing roof system demolition is to be by others as per specifications 'from architects bid package. Bid includes a manufacturers standard ten year material and labor iwarranty. Bid reflects all necessary license, ~tion, business liability, property damage kharges, and bonded appl icator status. 1} Bid Install a mechanically attached ermits, state workmans compensa- insurance, clean-up, landfill , J. P. S. elastomeric welded includes onlY area indicated in bid now removal is not considered in bid. acka e a roximatel 190 tirClpofir hereby to furnish material and labor .. complete in accordance with above ~pecifit;ation~, for the ~um 01: dollar~ ($ ). P~vm~nll0 b~ m4d~ n. 10110"". As the 'ob ro resses, bal9nce due upon completion. All ,,",,'~ '0 .. c.mpl"'" '" . ",",.m.oli~. m.nn" "'co<din~ 'n m.d"d p,micn. Any 'Il.",io. Of dn..,ion hnm ,~. ,p"ili. wi'nI in,"l.iol ..,,, COn ..II .. do., .nl~ up.n ",i",n ord..... ,nd,.;i1 b<Com, '0 ..I" ch,,;<.m ,ud .0." ,h. ''';10'1'. OU".. ,1..11 wry li<<. ,o,..d. ond o,h" "lU,l,y in,",,"'.. Oll"., ,,~''''oU ,h'll" ....,km m r"ll~ ..""d bV v/o'~m,n', Comp,o,,'ion iOlU"'''. TJ.. .rr"o' dOl11 ..1 b. ji.bl, 10f .nv d.I.V In Ih. p,rI.,,,,,n,, h."ol ,r lUoh d,loy dull ~. duo '0 I;".. W;"'. d;lpull< wi,h "",,,.m.n. d.l.y. in ".o""nOli.... o.l.y' cou..d b~ lU~~li,,,. ~o",nm.n'>l dlm.nd. 0' "~ul"m.nlt 0' 'OV ""'<< ""'"0'''' b.vond 'hI ""o..bI. eo""ol .f ,he nfh,o,. Th. ..,,,,,,,, 01 .ny .oell...... 0' cou... old'I.V ",.11 ..ltn~ ,h. ,im..1 p.nnr,",nct bV ,h. ';10' "Iim<< m..",,,d b~ ."~ lUoh "... 0' CO""" 01 d.l.v. OHm' ",lOti th.t in ,lot ""0' .nv ~'~o"nU d.. ~"'und" Of. n.t p.ld wi'hin lO d.y' Irom Ill, lim. 'h, ",.. 011,11 b"."" du,. ,I..t ,ny "'Ch".p.idb~.n"",.1I bu,inl"..,'h."",,,,,,,,.,,,..f ll\%ptrmon,h. OH".. .~.. ,. p>y.1I '"0'.'''''' 1m ,od ..~'n'" in,u".dbVon".';n ,h. ,nlor<:i09ol.oV ,r ,U".....blig.li.n.und" ,hi, p'opo"'. .f in<u,nd in ,ny li"II',i.n or _n'~'li"i.n i. ""'"h tho .n"., ",.11, willlou' ," hull. b".m. invol..d pu",,,n' '0. ,h'o"gl1. of U , "'lUll .f tIIi, p'opo<..ol. " ioo"md in conomion wilh P,...,",in~ or d.l.ndi.l .nv m..:h..ic', Ii.. fo,,<I.lU" ",io. i[)Volvin9'h;,p'.o."I.in.ol,'o~'h"uoi",mon""m.f.o'in.ol<li"'l.n~li.n,ilhllollh.oH"n,inco""..,iooh",wi'h. TI\;, p"o..,1 i, 'Dd dot' <.nlli,"".n .11" 01, bil",'" oon,,'" b._.n ,h. pmill """0 00 ,~. If'm' h",in ~,..i~'d. Thi, "000,,1 ,.d olio, m.y bt ,"opI.d ..d th, lonnul'li,. of "id bib,,,.i c001l>ol "'"moli"'.d by .11",,', ..,,",ion or th, "i'lfOlln" or "'.o..,IH h."ioOolo... ~,.vid1d .od ,h, ,":,.ip, of ~,..h ""~"d "AcClPU.CI of P'opoul"' bv lilt .n..., wilhio ~dlVllr.m'h.d".~",.l. OIl"","'....."h."lh"....'hd"""h"oll"..~p"o...I.,.nv'im."i.f'O"ClpUOct o".or Ao~ >Ilfmo,.d KClpllnc. hmo! m.d, .11" ,h, ..~".lt.n of 'h. "10' ~"'od "md .~.II ,.nn,,","' "un,,, .n" .. """'"'"" 14tlj,,,,, Oct. '" ".!J3 " ~4;,;;;6J P",id.oIO,Vicof",idenIO'S","'ry II It " ii U i ~ I ~ L-_ Ar.r.,PTANr.fo,PIIOPOSAl HI. 10"l,i'9 Orooo,,1 ,nd oU". '0~11l" ";'0 .11 ,~<ciI'''liDn.. c.ndi,ion!. ,,,m' ond o,o.i,;on, ,h,,,ol. i, hmhv ""pl1d. OIl""i'>Ulho,i"d"p,rf.'mlh."'nfl""ili.d. CATEO...CCEHANCE: A...O"o" .1 p"~n..1 ,,,.,,,d ,n Si~"u" " ou".. n., 5i<1"'"'' ou".. 5ENT BY:5TARK ROOFING INC. 10-19-93 03:44PM 3039457574.., 303 920 5119 ~ 1 <It STARK ROOFING CO. RE--ROOFING AND REPAIRS COMMERCIAL AND I'II!SIO!NTIAL P.O. Box 2082 GI.nwood Sp,lng', Colorado 81 GD2 (3D3) 945-5238 FAX NIJMBER 945-7574 "' FACSiMiLE TRANSMITTAL Numb~rxOJo~og~a_Hr~luctinll cover page: 1 TO: City of Aspen ATTN: CHRIS CARUSO (Addressee's Name) Dat.e: 10-19-93 FROM: Stark Roofing Company (Sen(ler's Name) RE: Little SPECIAL IN!;TRUCTlONS: Dear Chrl s: Enclosed is bid for white hypaIon in lieu of colored hypalon. Red Brick Aspen. CO (LocatIon/Company) Glenwood Springs. CO (Locat.lon/Company) School House All other conditions of proposal dated October 14" 1993 are part of this bidPrice.------------~---------~-----~---~----$101 .864.00 . Thanks. If you have any questions on tate to call: (303)945-523R 'hi, ~" d, c..' . not hesl- .