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HomeMy WebLinkAboutContracts & Agreements_3-2024AGREEMENT T PERFORM NON-PROFESSIONAL SSIO.NAL SERVICES. FOR IMPROVEMENT TO PUBLIC BUILDINGS AND OR U.NIDS This agreement for"the. provision of the installation of fire station oyerhetd trollop doors ("Agreement") is Made and enter d. In this moth day ot'Ja uany, 2024 ("Effective late") by and bet aern the City of I .edlauds,a municipal corporation ("City")' and JT Lewis, Isla., 6 California corporation dba National Craarage Door ("Contractor"). C'ity and Contractor are soinetinres individually referred to herein. ra.s.a "Patty" arid,, together, as the''Part1es.' Irr eensidierttion 'or the mutual promises eonttairie:d herein, City and rConraotor a,gree:ra 1"dlidwws ARTICT.,E l — ENGAGEMENT OF CONTRACTOR Li City hereby enngag Contractor to perform installatien of Mire station overhead r011aap doors Services for c"(the l'iSer°viecns`) The ,Services that Contractor shall perform are more particularly described in F :hibit "A,". titled ;"Scope of Services," Which is attached hereto and incorporated ptr rehi by reference, 11 The Services sludl be perforined by 'Contractor rlr aprOfessional i Wanner, and Contractor represents that it has the skill and the professional -expertise necessary to provide the Services to City al a level of competency presently maintained by other practicing professional Contractors in the industry providing like and similar types of Services. ARTICLE R.ESPONSIB1LIr1E'l CJit.CONTRACTOR "I Contractor stall comply with all appp.lica'ble federal., state, and local llpwvs ,iiad regulations in ilia performances of the ServT:ces. iancluding, bilt not limited, to ail 1ppliviblle Labor.. Code and prevailing wage laws and lion -discrimination laws, including :the American with Disabilities Act. Pursuant to Labor Code secticeam 1773.2., copies of the pprcvailiTng rates of per diem wages ,as determined by the:;DireetOr of the California Department oI' Industrial Relations for each crag., -classification 'Or type Of worker needed to tmdertake the Services are on Idle at ity's Municipal Utilities and Engineering Department, located at the Civic Center, :35 Cajon Street, Suite 15A ((Vial ling.. P.0, Bib'3005). Redlands,: California 92373. 2, Contractor acknowledges that if it violates: the Labor Code provisions relating to proVailing macs that City may ettforee .such previsions by withholding payments to Contractor or its subcontractors pursuant to Labor Coda sraction 1771.6. 2,3 If Contractor executes an ,agreement with a subcontractor to perform any portion of the Services, Contractor shall comply with :Labor Code sections177 atad 1777.7, and shalll. prov ide the snbeontraactor with copies of the ptovisiorna or Labor: Code .sections 1771, 177.5. 1776, 1777.5, I8 [3 and 181 . Contractor acknowledges that the statutory provisions establishing penalties :for fail to comply^ with state wage end hour lam and to pay prevailing wages may be ernfcaeced by City pursuant to. Labor Conde sections 1775 and 1813. 2.4 Ccmt;i'atctor:and its suhcontrtrctors'shall .comply with the provisions of Labor Code seclio:n 1776 regarding payroll ro tads nr.a nntonanroe, cel;tifications, retention Amid inspection. r.crtam;rconcrrwrr I, rwI , Inc rrhrr'Nation! (imp!. T.)n r 1grexmea1 FY23.:0003.dnex-nos Nr"5,2 )2111 Contractor acrknowler es that eight (ll);tacaurs.constitutes a legal dtiy+'s pursuant to Labor r~ Codo section',1810.. 2.6 Corot etor shall ccrrrnply with the provisions of Labor Cede :section 1777.5 as .t; Epp rent iceships, and Labor Code ,sections 177i, 1775, 177 : 1777„ 5,;1813 and 1815. .7 Pursuant to .fk blic.:Contract Code scctien 710 5(h), Contractor offers and agrees to assign tb City all rights, title and interest in and to.all 'causes of action it may have under seal 4 ,or•Ihe lai.ton Act 05 LI S,;C, section 1) or under- the l*r;:artwrigfu Act (Chapter (coarrrrrencing with section 16700) of Part 2 ot''.Division 7 of the Business and I'rofessions Coda), rarisi» froon f :urclruses of a ods, goods or materials 'pursuant: to this Agreement. MITT(' E 3 - I L PO 1St"B1'Ll t`I ES :Oh' cl'l Y 3.1 City shall make available tt Cnc titract e iraf r-niaation' n its posse ; em that may _ arssist: Contractor in -performing the Ser•VIces, 3,2 City designates Rich Sesser, Fine Chief, as ity's representative with respect to performance of the Services, and such person shall have the authority tca transmit: instructions receive information, Int'er`pret, and define City's Policies and decisions with respect to perfOrnra„narjc of lire Services, AIMS LEA 0' I 1 CDI I' 1 a's1cC OFERV1 S 4.1 Contractor shall perform and Qompllete the Serviccs in a'pror'in.pt and diligent manner in 4ieoordsrree with the schedule sit forthr in Exhibit "A,°" which is attached bereto aMad incorporated herein by reference. The Services shall continence as of the ElTective Date ref`this Agreement. ,4.. Contractor shall complete the Serviecs hAtone .30. 2— , unless the Se'vires art cariier termiaoated as permitted herein. 4.3 Contractor shall famish ar, aabarr and material bond in the font)) attached hereto as Exhibit "i3," which is attached hereto and incorporate(' herein by relerance, in an amount equal to ono hundred percent (100%) of the : total compensation to be paid to Contractor paorsuaant to this Agreement, IT1CL1u`—tlAYf'N'IF.NTSTO.CONTRACTOR 5,1 Total compensation .ror Contrarctor's performance Ofthe-Services ,shall be in the amount of pour'Hundred Nincoty "I'lrcarsancI Two Five.: Dollars ($ 490,2o5 oo), City shall p€ay :Contractor in accordance With Exhibit "C" titled ",Pricc Sheet," which is attached hereto',and incorporated herein by reference, 1714nrnM;reemt,nrs .0ba Corms 1.1r ASr etliVrl16 r' 'i.GIKrfl NP,S-2, 2 (a p4d2' 1 p 5.'2 Any notice or other comm [cation required,. or Which mviy be given, ptntuKant to this. Agreement,; shall be in writing. Any such nuts e.shall be deemed delivered (i) on: the date ct delivery iir. perscna (li) :(5)r days after deposit In first class. registered mail, with return receipt requested; (iii) On the actual delivery date if deposited with an overnight courier; or (iv) on thy: dale sent by facsimile or eleetronticmail transnaisslon (including I'DF), if confirmed with a copy scan contempor nerwsly by nisi class, aeriffie(1, registered or express mail; in each ,case properly posted and fully prepaid to the appropriate Idra;ss;s ^t foath bel w, car ,such .dther address. as rr Party ^ may provide notice iraIlletOrda1100 With ;tltis ste it aa» CITY City Cleric. City or Red lauds Crkion Street Box 3.00,5)(inarilirng) Ret;Ilands, C 92373 ;Wolfe Idscn eityo..FredIa.rnds.card (909)798,7531 CONTRACTOR Kevin Le uis, V'Iee PrM:siick nt ,I"l" lei is, `diha:. dls'u :I*1ati�rrrral C;carrr,c i3c�cnr 31$5 ritzagerald Reed. R11110.140.'.Co.t 'Icw n., CA 5'7412 kevin natiera gaga ,etltarar.cuaa7 (91!S) 6 8¢ 4554 ARTICLE .:— INSURANCE C r AND INDEMNIFICATION 6,1 The fel'Iowitr:;g insurance 'coverage atge required by tilis green ent shill be m lintained b. Con ract ar ro duPation of its perrornmin0 rar tkc sr rvices, ;C'carttrral for shall not perf`orrn any Services unll s and until the re.gtli l insuranc,e.listed below is obtained by Contractor. Cdautnacter shall provide. C.i w with certificates of insurance and endorsements evidencing r7cing such insuraance 1prior to commencement of the gerv,iees., insurance policies shall include a ;provision prohibiting, cancellation or modification of the policy except upon thirty" (3,0) days prior written loom e to City, A, Workers' ', c,,rnpensatian and Ernpla yer's Li:ahi.Iity 'insurance in the amount that meets stt tutoryw regniirernenls insuraarne c;arrrier acceptable to City, or rr rtii t ation to City that Contractor is ~rill -insured or exempt from the worker& compeltsatio:tt laws of the Strati, or California, contreetc-hill execute pnd prcvlde City with`; Exhibit"D." titled "'Werkers' Conapen uti an Insurance C'ertificat:iorn,'° whk h is attached hereto and Iwo:olteratecl herein by t;fais.refer nee,.:prior to performance ; of the Services :13, Comprehensive General Liability insurance with carriers gceeptable try- City :in the minimum amotarat of One Million Dollars, (($1,00O,Ct00) goer oecurr,n e mici Two Knelt l" ollaars SE.P0 i,000,l..aaggregate, for pull a li�il�ilityr, pi apr rtyw damage and petsuoUP injuey Is required. City s1tnl be named as an aadditionaI insured and such itisrrr roc Shall be printtery and non- r;cwntri narlint; to any iragniran eae or self- iaasaar, tanra nraintainec by City, C. I :ushtess Auto Liability coverage, with nairditturn limits of One Million:Dollars ($1,,000,000) per occurrence,. combined s1r. Jd Aiirnit bodily injury+ liability aanel. property ,d4naage liability, This coverage . erati'actor owned ve it:les t.ticinnk preemhJ otecl r Loviw. W. iaba plate thim flo it Agromenk F'Y2.1,- NPS-2 2.1(I kip used in connection with Contractoar5s proVisionoltherServiceS, hired and non -owned veltioles, and employee noat.r +,wnerai ip iaehiicles. City Shall be named as tin additional insured and such insurance shall he pr maary;tarad non-eontributing to any int tarance,or salf=ifsnarn,ncax maintained bytity. 6.2 Contrnctorsltall defend, itltlennnl P, nttd'11o1d harmless City andl its elected and appointed officials, employees,. anad n,gents'`fibril and against any and all claims, losses or l'tanhiiityr, including atttarncys' fees, arising froth b jttry or death. to persons or damage to prcpetty occasioned by any rteglig,ent aet or cnaisSk n 'the i1lru hnise a:rtduct ai , contractor, or its officers, employees:and.agent s ina pertoim i ig the ' erV k. s. RTECL ; 7.—COIN; ICTS F'114'illiRE T 7.1 !Contractor covenants and represents: than it does not hot any Inv, e tattcntt on- interest it any teal property that may be tlaa> subject of'this Agreement rir any other source of income, interest in real property or investm+ nt. that would be affected in any manner or degree l�,y the performance of C ntraaetor's• Services. 'Contractor further covenants and represents that in the performance. of its duties hereunder; no person haying anyfl such. interest shall perform any:Services under this ,Ag'reetnent, 7,2 Contractor- agrees it is net ra designated employee the meaning of the PileaL Reform Act because Contractor! A. Does, not make it governmentaldeeision whether to: (i). approve a r atct, male, or regulation, or arlrapt or ea Rorie ti (: ty' (ii) isstaa , deny, suspend ow 'revoke • tiny City permit, license, npppieatat''ra, certl akatata approval,. rder or similar authorization or entitfenaent (ifi) eath0314e City tr, enia r:into, modify or renew eontraaa t; (iv) granatt City approval to a r;'ontract .thnt r cpuara ray Ciy° aporoyaai and to which City ,is at party,.or to the specif ciyiians Ibr Such.a eoatt.rt ct (v) grant city 0pproyal to.aa pliarir dr^sigtr, report, study or similar item; (v`i) adopt, or ,gr aitt wily aap provata 6f',` jxt 11cies, standards or guidelines for City oC ftar aany satidfieision thereof, Does attar ;true in as straff:capacit;y with City and in that ca+ptieity, participate in making. n gnverrnnnentnl decision r otherwise perform' the .same or substantially the sitnie dudes kw tatty Am would otherwise be performed by an individual holding a position specified an Ci ',s Conflict,or Interest Code under Goverment .Cody, section 87302. 7.3 in rite cveatit Ciiy'dote rmInes dirt Contractor for rnr.ast disclose its financial interests Con aratet+,ar shall eoataplete ;rind trite a Pair Political 'p raavitues Commission Fortin '760 Statement of Eeonomiri interests; With the (2ity tet t"s office pursuant to the written instructions provided by the City Clerk, 4 r".croe'LAgrrcrr cnimrC n.ev+ati.:rtac_ IbaNaIk iMl tqp, . ar.¢ancart PY23. lir+4 2r Ilt2b3 +A,I~ I'D l.�l✓ GENERAL CONSIDERATIONS 8.1 In the event any .action is c rxum.riced to enforce or intepre't any of the terms or rrondrtions ol'this Agreementth prevailing Party shall, ion addition to any casts and outer relief, be entitled to the recovery of its ;reasonable attorneys' kerns, including f s for .the use of irt,.house counsel by a Party. 8.2 Contractor shall rnot nassi n any of the Servlees, ex ep:t with the prior written approval of City and in strict compliance: with the terms trnd conditionns of this. Agreement, Any assignment or attempted assignment without such prior written consent may, in the stab discretion [of City, results in City ;s immediate torrinat ttrn Qf t'his -Agreemeaat, 8,3 Comtraritor i.s:for ali parrposes r.mder this. Agreei 7ertt:anr independent'eontraotor and shall peroorn tlnc;derwis .as.,[an iitrle;etpdetd:R.;r�rnttdr, tror Neither ,City nor any of its agents: shall lhave control over the ecmdiict of Contractor or Contractors einplvyeeS, except as hereitt,.sot forth. Contractor shall supply. eee,ssn.r° tnols grid 'rTnaat-Lirttent&ll[ies r aaire l. to perform the; Services, Assigned personnel et.Tipioyed by cr ittraaetor:tare Or its a oount. [onlyd,:aand irn nto event steal l Ceuntraotor or persoanriel re ironed by it be. deemed to havebeen dnnixployntl by City Or ur.ngagod Is Cuy Fear the aetio.rrat of, nor on ehafof City,',Contractor Shall inaye min authority, express or tm;plied, to act on behalf of City lit -any capaeityr whilSoeVer, s am agent, nor Shall 'Contractor :hayeatn;y atartlnnrity, express or itntplr"ed, to bind City .to ,any obligation. This Agreement tarty be terminated by City, in its sole.disoretion, by prov;idiflr not less than five (5) 'dayfs prior written notrec at„o. olitractor rapCity`, intent to terminate, If this Agreement is terminated by City, an adjustment to Contractor's eo pensatlon .sill be made. 'but (i) no amount shall be allowed ''hr atrtieipated profit pr, unperionned 'Serwvices, and' '(1)D any payment due C'rrntrtavtor at the tittle ed ternninntion may be at -Ousted to the extent ofany additional eest to .City otreasione 1 f r any default by Contractor. Upon receipt of a to rnntittrat;iom nonce, Contractor shall immediately discontinue its provision of the Services fend. within ive (5) days of tine date of tho terrttination notice, deliver or otherwise make available to City, copies (in both hard' copy and .ele trorniei=.fernt, where applicable) ,of project rdlmed data, design ealenlations,, drawings,. specit"reallorns, reports, estimates, -summaries and su Itother itntoornnitiOn and materials, as Ituly have _ been acetnTtttrlatetl my Contraetor;in ;perfoorunning the erviees..Conlraetor shall be compensated rain nn .pro -ratan basis.lbr Services convicted up to thedate of termination. 8.5 Contractor :shall maintain books, lodgerS. irrVi+teS, ..tteionats and other records ai l documents evi'deneing Bost arid expenses related to the Serviets for a period of three (3) years, or for any longer period rrerpnnired by Iaivw, frgm thedate of final payment to Contractor ptrr•stiannt to this .Agreement, Sueh books. shall beavrailable-at reasonable sonable.times for examination by City at the office' ot`Cntractnr; $.6 'This Agreennent, including! t1rn E hibrts incorporated herein City reference, ropn'ese+its the. entire agreement and understaandinng ,between the parties as to the matters en; antaine i hereiun, and'arty prior ncfotiaCirons, written prOp orals or Verbal agreements.relating to sr.reh nnnattors are Superseded by this Agreernent, EXcept as otherwise provided for herein, any 45 I;vu 110. Agreem rttiVT I.d"ua r n c. baNprr Sal Gated r" Cttxpr,11 m mclt EY23.t10O2 cla it . n IsEFS-22 (G+Id;'?I) amendment to this Agreement shall be in writing, approved by City and signed by City and Contractor. 8.7 This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of laws provisions, The Parties agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated only in the state courts located in San Bernardino County, California, and the federal courts located in Riverside County, California. 8.8 If one or more of the sentences; clauses, paragraphs car sections contained in this Agreement is declared invalid. void or tutenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of This Agreement and shall not affect, impair or invalidate the remaining sentences, clauses- paragraphs or sections contained herein, unless to do so would deprive a Party of a material benefit of its bargain under this Agreement. IN WITNESS WHEREOF, duly authorized representatives of City and Contractor have signed in confirmation of this Agreement. CITY Or R ddie TTjeda, Mayo ATTEST: to Donaldson, City Clerk JT LEWIS, INC. DI3A► NA`1IONAI. GARAGE DOOR 13v: 2� Kevin l.e►vis, Vice President 6 I:'cmo,Aurcements\IF r.a+cif Inc. dba National Garage Ono Agrant-lent FY23-O803.dikN.m•. NRS-2.2 011.1.(2 11 ScOPE:,OF:SPRVIcliS - Furnish and install three (1) 12'' x 12' BATOK fonr.fold ,AFF158 foldingi.doors, powder coat liniSh, eXterior Mount, 115: YOlt, Single Hire Light cwiain on inside of .400r, eleetric edge, timer to close, fulUy glazed door with 1" insulted tempered glass, remote control and reeeiver per door, long range .antenna,184,0 Presence sensor,• exterior saw cut loop:and detector at :rireStation 26 Furnish add *install two (2) — 11x "BATOR:four-fhld A PP I 5$ folding doors, powder coat flish, exterior omu, 1 15 Volt. Single Phase, Light ,eurtain.on inside of door, electrie dge, timer to ,close, hilly glazed door With .1." nsulted temperod.glass„ remote ,control.and receiver per door, long range iintenna„IS40 :Presence: sensor, ,exterior saw cut loop and detector at Fire Station .262 - Furnish rind install two (2)-11 -(5" x 14' BATOR four -fold A FF158 Iblding doors, powder coat finish, exterior mount, 1 15 VOlt, :Single Phase, Light ,eurtain on inside, of ,door, electric edge, tinier to flatly glazed door with 1" insulted tempered glass, remote contro1and receiver per door, long :range antenna, 1S40 Presence sensor, exterior saw cut loop and detector at Fire Station 203 DeMolition and disposal of 7 sectional doors - Electrical wiring,eonduit, and hookup of three ()) Ifbqr.lbid.doM 7 'rn rnrgI lAvirit dtdiilnido.biti firirap Dcior:414,ii•oornvni FY23,0003AiwKrim, NPS.22I614,21i EXHIBIT'°B" LABOR AND MATERLAL BOND Whereas. the City of Redlands, State of California. and JT Lewis, Inc, dha National Garage Door (hereinafter designated as "Principal") have entered into an agreement (the "Agreement") whereby Principal agrees to furnish and install fire station overhead rollup doors (the "Work"), which said agreement, dated„ January 16, 2024, and titled as "Agreement to Perform Non -Professional Services for Improvement to Public Builds and Grounds" is hereby referred to and made a part hereof; and Whereas, under the terms of the Agreement. Principal is required before commencing the performance of the Work, to file a goad and sufficient Labor and Material bond with the City of Redlands to secure the claims to which reference c is made in Title 3 (commencing with Section 9550) of Part 6 of Division 4 of the Civil Code of the State of California. Now, therefore, said Principal and ttte undersigned as corporate surety', are led firmly bound unto the City and all contractors, subcontractors, laborers, material men and other persons employed in the performance of the Agreement and referred to in the albresaid Code of Civil Procedure in the sum of Four l lundred Ninety I housand Two Hundred Five Dollars ($490,205.00). for materials fitrrtished or labor thereon of any kind, or for amounts due wider the Unemployment Insurance Act with respect to such work or labor. that said surety will pay the same in an amount nut exceeding the amount hereit above set forth, and also in case suit is brought upon this bond, will pay. in addition to the face amount thereof. costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by the City in successfully enforcing such obligation, to be awarded and fixed by the court, and to he taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file Claims under Title 3 (commencing with Section 9550) of Part fi of Division 4 of the Civil Code, so as to dive tt right of action to them or their Assigns in any suit brought upon this bond. Should the condition of this hond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension uftime, alteration, or addition to the erns of the Agreement or the specifications acvompanyinc the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any sut:h change. extension of liaise., alteration. or addition. In witness whcreoC this instrument has been duly executed by the Principal and surety above llama on s20 (SEAL)! ! t0t3 (SEAL) fi� �� GF #'G- (Contractor (Surety) BY: (Signature) t Si gnattrrc ) AddrS.: (Seal and Notarial Acknowledgment of Tel, phon it Surety) 8 t.,eosii'.Agreerents,JT Lewis. Inc. dtv haiioarl Garage Door Agreement Irir:3.O )3.clocx•ius "C" PRICE $FLEET Supply and Installation or 1,21,412 BATOR NP8-2 2 0.141211 $163,75,00 F'`our-Fold ppors. t .Fire Station 261 Eleetricni Work Supply and Installattorrof 1 t-6x.14 BATOR Four..Fold Doors, at Fire :Station 262 :LE 1 eetir leal 'Work SO pply_and Into llation of I1-6x14 BATOR, Four -Fold .Doors at Fire Station:263 Bleetrical Woik, TOTAL 9 11.'wintMoteolaciiI9a.1.4p.vis, 'Ntuni1 (Immo r r Iltj1IP 2241001driv4.inc $15,000.00 $4 44,665 $ 15,000 $136,665 $15,000 $410, 205.100_ NP8.2 kW] 11i2114 EXFllBiT "D WORKERS' :COMPENSATION INSURANCE CERTIFICATION Every enmloyer, except the State, shall secure the payment of compensation in one or more of the roflowins ways: (il) By being- insured against liability 10 pay corn pensrition by one or more insurers duly •authorized to write compensation insurance in thiS Slate, (b) 'By securing from the Direct or. of Industrial.. Relat ions, a certificate of consent to Seir-irtSUrel, either as• an individual enn)loyer, or as one emiployer in a group of employerS, which m ay be ,ai leen LLLI fuiii sh i a proof sat is fac tory to th e D ireet or of Industrial Relations to soff'.insure and to pay any compensation that may become due to .Ids or her employees, VECK. .1 airy aware of the proviskers of :Section ,37(1)0.: of the Labor :Code which requires -every -eiArilOyer to blp inured agairkgt: liability For Workers' 'Conipensation Or to linWertake stt ra iic n ZICCOrthinCe • 'Withthe: provisions- of tliat (de,',Od will ortiply with .,I0C1), provision • before commencing the performattee.of he work 'and tietiVitieS .f.ertrrrit'od or permitted under Wis. Agreement, (Labor Code •,§1861)„ 1:affi tin •that.at a 11 iimes_ in perform ttg.the Work, andactivities required or i.rmitied uhdef • this AgrOintnt, hall not amploy,inny person in any. manner ...Web .thatLbet:Orne...sitbjectio. the voiXpeg:: coMpensation laws of Californist :HoweVer, at any 11irrie,:if T etripley any person snob. that I.:become: subject to the workers' 'Conilansatien la.V4 of cidifernia,„ imfriediately J shall provide the City. with =a certilicrite .of ',conSent= to .selNairsurti,,,, :or a :Certillcation of workers' corrtpettsal ion rta m*40,, I certify kinder penalty or perjury under the 1141,y.: of the State of California that the intbrmat ojl BAC1 representations made in-this.centificate are true and eorrept. JI LEI,,ArIS, DRA N AT IONA I, GARAGE DOOR By: Kevin Lewis Vice, President 10 1.',enlo'..ewrecutentAnr Jfie. danlirrokal 0AI-op poor Agrarttelii lot",211.ait:11doem.im