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HomeMy WebLinkAboutAGUILAR & CALDERON CORPORATION (SIDEWALK IMPROVEMENT) INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRL"S S 1 2.S! 2-0-2 s CITY CLERK CITY OF SANTA ANA DATE. APR 1 8 2025 CONSTRUCTION CONTRACT PROJECT 25-6029 SIDEWALK IMPROVEMENT PROJECT FY 24-25 elrldU P4�+H� This CONSTRUCTION CONTRACT is made and entered into this 2111 day of January, 2025 by and between the City of Santa Ana,California,a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter"CITY"), and Aguilar& Calderon Corporation(hereinafter"CONTRACTOR"). WITNESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named,mutually agree as follows: 1. CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the Sidewalk Improvements Project FY 24-25(hereinafter referred to as the "WORK OF IMPROVEMENT") identified in and in accordance with the Contract Documents prepared by the City's Public Works Agency and approved by the City Council. 2. The complete Construction Contract consists of the"Contract Documents"as defined by the Standard Specifications for Public Works Construction and which include the following: • Notice Inviting Bids • Information to Bidders • Bid Proposal • Bid Bond • Contract Form • Contract Bonds • General Provisions • Special Provisions • Technical Provisions and Project Plans • Community Workforce Agreement • Appendices In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Construction. 3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the WORK OF IMPROVEMENT the sum total amount not to exceed Seven Hundred Thirty-One Thousand Two Hundred Fifty-Five dollars and Zero cents ($731,255.00), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit"A." The BID PROPOSAL contains a schedule of unit price(s) or lump sums) based on approximate quantities only,and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable. Page I of 3 4. CONTRACTOR agrees to complete the WORK OF IMPROVEMENT within the time specified in the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit "A") including commencing construction within the timeframe therein specified after issuance of a Notice to Proceed. 5. The CONTRACTOR will pay,and will require all subcontractors to pay,all employees on the WORK OF IMPROVEMENT a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law. 6. If applicable, the CONTRACTOR shall adhere to the CITY'S Community Workforce Agreement (CWA),a pre-hire collective bargaining agreement,which establishes the labor relations policies and procedures for CONTRACTOR to follow in the crafts persons employed to complete the WORK OF IMPROVEMENT as more fully described in the CWA. The CWA may be found on the City's website at: CWA City of Santa Ana 12-20-2023 7. CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY, one in the amount of One Hundred Percent (100%) of the Contract price, to guarantee the faithful performance of the work(Performance Bond),and one in the amount of One Hundred Percent(100%) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY. 8. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond shall also be required as a condition of project acceptance. For projects up to Five Hundred Thousand Dollars($500,000),the Warranty Bond amount shall be the greater of Ten Thousand Dollars($10,000) or Twenty Percent (20%) of the final contract price. For projects above Five Hundred Thousand Dollars($500,000),the Warranty Bond amount shall be the greater of One Hundred Thousand Dollars ($100,000) or Ten Percent(10%)of the final contract price. 9. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker's Compensation Insurance as outlined in the General Provisions,to be approved by the CITY. 10. INDEMNIFICATION. To the fullest extent allowed by law, CONTRACTOR and its Subcontractors hereby agree to defend, indemnify, and hold harmless CITY, its City Council, boards and commissions, officers, agents, employees, representatives and volunteers (hereinafter collectively referred to as "Indemnitees"), through legal counsel acceptable to CITY, from and against any liability, claims, actions, costs, damages or losses, including reasonable costs and attorney's fees, for injury, including death to any person or damage to any property,arising directly or indirectly from,or in any manner relating to,any of the following: (i) Performance or nonperformance of the Work of Improvement by CONTRACTOR or its Subcontractors of any lower tier; (ii) Performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of any of the obligations under the Contract Documents; Page 2 of 3 (iii) The construction activities of CONTRACTOR or its Subcontractors of any lower tier, either on the project site or on other properties; (iv) The payment or nonpayment by CONTRACTOR of any of its Subcontractors of any lower tier,for Work of Improvement performed on or off the project site;and (v) Any personal injury, property damage or economic loss to third persons related to and arising from the performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier,of the Work of Improvement. (vi) The indemnity obligations of Subcontractors provided by this Section shall be included in all subcontract documents issued by CONTRACTOR. Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in favor of CONTRACTOR against CITY or any other Indemnitee. IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: CITY O SANTA NA LAA GL+N ENNIFER HAL _ ' 'J ALVARO NUNEZ City City Manager APPROVED AS TO FORM: SONIA R. CARVALHO CONTRACTOR: City Attorney Aguilar& Calderon Corporation By: K Nellesen NAME: Marlon Calderon Assistant City Attorney TITLE: President RECOMMENDED FOR APPROVAL: Digitally signed by Nabil N S a b a Saba :bil :2024.12.1811:1550 -08'00' NABIL SABA, P.E. Executive Director Public Works Agency Page 3 of 3 CITY OF SANTA ANA EXHIBIT A PROPOSAL PROJECT NO.: 25-6029 SIDEWALK REPLACEMENT PROJECT FY 24/25 BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: Aguilar& Calderon Corp. REQUIREMENT: The undersigned bidder declares that they have carefiilly examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to ftimish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the following schedule: Item Description Qty Unit Unit Price Amount 1 Remove and Construct 4" PCC 33,700 SF $ 14.00 $471,800.00 Sidewalk* Remove and Construct PCC Curb& 1,800 LF $34.00 $61,200.00 Gutter* 3 Remove and Construct PCC Curb Ramp* 2,900 SF $ 24.00 $ 69,600.00 4 Remove and Construct 6" PCC 4,700 SF $25.50 $ 119 850.00 Driveway* ' 5 Construction Permit 1 LS $8,805.00 $ 8,805.00 P-1 of P-18 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 25-6029 SIDEWALK REPLACEMENT PROJECT FY 24/25 TOTAL BASE BID $ 731,255.00 The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add-alternate bid items(if any). * The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the"25%"limit as stated in Section 7-3.5 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. This bid item is considered a Specialty Item per Section 3-2 of the Standard Specifications. TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within Ninety (90) working dates after the commencement date stated in the Notice to Proceed. The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be$1,300 per calendar day. Name of Firm Aguilar& Calderon Corp. Signature of BIDDER X*-PW Title President (If an individual, so state. If a firm or co-partnership, state the firm name and give the names of all individual co-partners composing the firm, If a corporation, state legal name of corporation, and names of President, Secretary,Treasurer and Manager, thereof.) P-2 of P-18 AGUI&CA-01 DCOSTA '4<7"R" CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 411412025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Shank Insurance Services PHONE FAX 122 Avenida del Mar (A/C,No,EXt):(833)878-2820 (A/C,No):(702)870-1263 Ste C E-MAIL insurance insurance@swartsmanning.com � 9•com San Clemente,CA 92672-4068 INSURERS AFFORDING COVERAGE NAIC# INSURER A:Gemini Ins Co 10833 _ INSURED INSURER B:AmGUARD Ins Co 42390 Aguilar&Calderon Corporation INSURER C:Praetorian Ins Co 37257 15738 Yermo St INSURER D:Ohio Security Ins Co 24082 Whittier,CA 90603 INSURER E:Evanston Ins Co 35378 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLIICDY EFF POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR VCGPO31907 5/25/2024 5/25/2025 DAMAGE TO RENTED 100,000 X X PREMISES Fa c u ence $ MED EXP(Any oneperson) 5,000 PERSONAL&ADV INJURY 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE 2,000,UUU X POLICY PE� LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: B AUTOMOBILE LIABILITY COBINED SINGLE LIMIT 1,000,000 Ea M accident $ X ANY AUTO X X AGAU502242 5125/2024 5/25/2025 BODILY INJURY Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ AUTOS ONLY AUUTOS ONLYY PerOacade t AMAGE $ A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE Is 2,000,000 EXCESS LIAB CLAIMS-MADE VCFX003297 5/25/2024 5/25/2025 AGGREGATE DED RETENTION$ AGG 2,000,000 C WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER 1 ANY PROPRIETORJPARTNERIEXECUTIVE Y/N X FWCO400073 5l2512024 5I25l2025 E.L.EACH ACCIDENT I$ 1�������� OMandatory in NHR EXCLUDED? a NIA 1'000'000 E.L.DISEASE-EA EMPLOYE $ If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ D Installation Floater BM067998728 7/20/2024 5/25/2025 Per Jobsite 250,000 E Contractor Pollution CPLMOL121763 2/212024 5/21/2025 General Aggregate 2,000,000 DESCRIPTION OF OPERATIONS f LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space is required) RE:Project#25-6029-Sidewalk Replacement Project FY 24125 City of Santa Ana,its officers,employees,agents and representatives are named as additional insured with respect to the General Liability where required by written contract as per form#CG2010 07-04 on a Primary and Non-Contributory basis as per form#VE0973 04-20 and Commercial Auto per form#BA9904 06/18.Waiver of Subrogation applies to the General Liability as per attached form#CG240412-19,Commercial Auto per form#BA9902 09108 and Workers Compensation as per form#WC040306 04-84. Digitally signed Tu Tl d n by Tu Ng"'nan APPROVED Nguyen Nguyen Date:2025.04.15 10:35:13-07'00' By Tu Tran Nguyen of 10:34 am,Apr 15,2025 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Attention:Public Works Agency,M-22 20 Civic Center Plaza Santa Ana,CA 92701 AUTHORIZED REPRESENTATIVE ACORD 25(2016103) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy Number: VCGP031907 VE 09 73 04 20 Insured Name: Aguilar&Calderon Corporation Number: 46 Effective Date: 05/26/2024 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY -- OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other Commercial General Liability insurance available to an additional insured under your policy, but only if: (1) The additional insured is a Named Insured under such other Commercial General Liability insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other Commercial General Liability insurance available to the additional insured. Coverage granted to an additional insured remains subject to all terms, conditions, limitations, and exclusions set forth in the endorsement form that conferred the additional insured status. In the event of conflict between this endorsement and an endorsement conferring additional insured status, then the endorsement conferring additional insured status shall govern the scope of coverage available to the additional insured. All other terms and conditions of this Policy remain unchanged. VE 09 73 04 20 Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 1 with its permission CITY OF SANTA ANA PROPOSAL PROJECT NO.: 25-6029 SIDEWALK REPLACEMENT PROJECT FY 24/25 BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: Aguilar & Calderon Corp. REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the following schedule: Item Description Qty Unit Unit Price Amount 1 Remove and Construct 4" PCC 33,700 SF $ 14.00 $471,800.00 Sidewalk* 2 Remove and Construct PCC Curb& 1,800 LF $ 34.00 $61,200.00 Gutter* 3 Remove and Construct PCC Curb Ramp* 2,900 SF $ 24.00 $ 69,600.00 4 Remove and Construct 6" PCC 4,700 SF $ 25.50 $ 119 850.00 Driveway* 5 Construction Permit 1 LS $ 8,805.00 $8,805.00 Pd 1 of P-18 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 25-6029 ,SIDEWALK REPLACEMENT PROJECT FY 24/25 TOTAL BASE BID $ 731,256,00 The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add-alternate bid items (if any). * The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the"25%"limit as stated in Section 7-3.5 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. This bid item is considered a Specialty Item per Section 3-2 of the Standard Specifications. TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within Ninety (90) working days after the commencement date stated in the Notice to Proceed. The Iiquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be$1,300 per calendar day. Name of Firm Aguilar&Calderon Corp. Signature of BIDDER Title President (If an individual, so state. If a firm or co-partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary,Treasurer and Manager, thereof.) P-2 of P-1$ CITY OF SANTA ANA PROPOSAL PROJECT NO.; 25-6029 SIDEWALK REPLACEMENT PROJECT FY 24/25 BIDDER'S STATEMENT BIDDER understands and agrees that this Bid Proposal, Contract Documents and subsequent Construction Contract Agreement shall constitute the entire agreement between BIDDER and the AGENCY only after it has been accepted by the City Council,endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Public Works Agency Executive Director or his/her duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to BIDDER or deposited with the United States Postal Service properly addressed to the BIDDER with the correct postage affixed thereto. BIDDER further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish AGENCY all required bonds and certificate of liability insurance within ten (10) business days or the funds, check, draft, or BIDDERS bond substituted in lieu thereof accompanying this proposal shall become the property of the AGENCY and shall be considered as payment of damages due to the delay and other causes suffered by AGENCY because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered is difficult to ascertain; otherwise said funds, check, drafts, or.BIDDER'S bond substituted in lieu thereof shall be returned to the undersigned. BIDDER understands that a bid is required for the entire work, the estimated quantities set forth in the bid schedule are solely for the purpose of comparing bids,and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. The BIDDER also certifies that the bid is a balanced bid. In accordance with Section 7028.15 of the California Business and Professions Code, the undersigned certifies under penalty of perjury that the foregoing is true and correct. Name of Firm Aguilar& Calderon Corp. Signature of BIDDER Title President (If an individual, so state. If a firm or co-partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager,thereof.) P-3 of P-18 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 25-6029 SIDEWALK REPLACEMENT PROJECT FY 24/25 CONTRACTOR'S LICENSING AND REGISTRATION STATEMENT The undersigned contractor,or corporate officer, declares under penalty of perjury that he/she and all his/her subcontractors are registered with the State of California Department of Industrial Relations (DIR), and that the following is true and correct. Contractor's Name: Aguilar&Calderon Corp. Business Address: PO BOX 1511, Whittier, CA 90609 Business E-Mail Address: anc@aguilarcalderon.com Telephone; 562-265-8815 State Contractor's License No. and Class: 988688, A & B License Expiration Date: 11/30/2024 State Dept. of Industrial Relations (DIR) Registration No.: 1000678915 State Dept. of Industrial Relations (DIR) Registration Expiration Dated� 6/30/2026 Signed: /,�,44# Title: President P-4 of P-18 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 25-6029 SIDEWALK REPLACEMENT PROJECT 1iY 24/25 PREVAILING WAGE COMPLIANCE AND MONITORING STATEMENT Contractor is aware of the requirements of California Labor Code Section 1720,et seq., as well as California Code of Regulations, Title 8, Section 16,000, et seq., ("Prevailing Wage Laws"),which require the payment of prevailing wage rates and the performance of other requirements on"public works"and"maintenance"projects. Since the services are being performed as part of an applicable "public works" or"maintenance"project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft,classification or type of worker needed to execute the services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The undersigned certifies that the foregoing is true and correct. Name of Firm Aguilar& Calderon Corp. Signature of BIDDER Title President (if an individual, so state) P-5 of P-18 CITY or SAN`CA ANA PROPOSAL PROJECT NO.: 25-0029 SIDEWALK ltl-,P[,A(' MI N'l' PItOJI?C'I' I-Y 24/25 QWNERSIUP AFFIDAVIT STATE OF CALIFORNIA ) COUNTY OV ORANGE )SS: CITY OF SANTA ANA ) Marlon Calderon being,duly sworn,deposes and says: E]INDIVIDUAL Thu[he/she is the party making the foregoing proposal: PARTNERSHIP That he/she is a member of the co-partnership firm designated as: and who has been and is duly vested with die authority to make and exccutc instrumenis for the co-partnership by, tvlto constitute Ilie outer members of the co-partttership. C:ORPORATJON That he is or. Aguilar& Calderon Corp. a corporation which is making tite foregoing proposal: Ej JOINT VENTURE That he is of: one of the parties making the foregoing proposal as a joint venture,and the he/she has been and is duly vested with the authority to execute instruments for an on behalf of the parties making said bid who are, that such a bid is genuine and not collusive or sham,;anti has not in any manner sought by collusion to secure any advantage against the City of Satan Ana or any person interested in the proposed contract, for hit 'elf or any other person. Si ;natu of [ddar Subscribed and sworn to before rile this day of_OCLtb� 20 `� Si ;natut of elf•e Atltnini ria j Ora (Notary Public) = RYNc SANZt1EtA�I COM;ai.#2484744 I'-6 o I l'-18