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HomeMy WebLinkAboutRES 81-024 RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE AGREEMENT WITH SOO LINE RAILROAD AND THE COMISSIONER OF TRANSPORTATION FOR INSTALLATION AND MAINTENANCE OF RAILROAD CORSSING SIGNALS Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII 102677 Box: 23 Folder: RES 1981 Document: RES 81-024 RESOLUTION AUTHORIZING THE MAYOR AND CIN MANAGER TO EXECUTE THE AGREEMENT WITH 500 LINE RAILROAD AND THE COMISSIONER OF TRANSPORTATION FOR INSTALLATION AND MAINTENANCE OF RAILROAD CORSSING SIGNALS s RESOLUTION 81-024 A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE AGREEMENT WITH SOO LINE RAILROAD COMPANY AND COMMISSIONER OF TRANSPORTATION FOR INSTALLATION AND MAINTENANCE OF RAILROAD CROSSING SIGNALS BE IT RESOLVED, that the City of St. Anthony enter into an Agreement with. Soo Line Railroad Company and the Commissioner of Transportation for the installation and maintenance of railroad crossing signals at the intersection of Stinson Boulevard with the tracks of Soo Line Railroad .Company in St. Anthony and Columbia Heights and appointing the Commissioner .of Transportation agent for the City to supervise said project and administer available Federal Funds in accordance with Minnesota Statute, Section 1.61.36 (1980) . The City 's share of the cost shall be 5 percent of the total cost. BE IT FURTHER RESOLVED, that the Mayor and City Manager be and they are hereby authorized to execute said agreement for and on behalf of the City. Adopted this / day of Anr-� , 1981. -T Mayor 411, • ATTEST: City Clerk Reviewed for administration: Ci&nt Manager ,STATE OF MINNESOTA ss CERTIFICATION ' CITY OF QST. ANTHONY). 3: hereby certify that the foregoing Resolution is a true and cor- rect- copy. (of a Resolution presented to- and adopted by the City Council of:the:.' City of St. Anthony at a duly authorized meeting thereof held in'the City Hall at St. Anthony, Minnesota, on the /t/i% day of 1981, as disclosed by the records of sa d City Council in my possession. • City Clerk AGREEMEI T 29 QX49 DATED: JUL S.P. NO. 62-00130 • Minn. Proj . RRO OOOS(1) Railroad Crossing Signals Stinson Boulevard Columbia Heights, Minnesota St. Anthony, Minnesota SOO LINE RAILROAD COMPANY RAMSEY COUNTY ANOKA COUNTY AGENCY FUNDS THIS AGREEMENT, made and entered into by and between the CITY OF COLUMBIA HEIGHTS, hereinafter called "Columbia Heights", CITY OF ST. ANTHONY, herein- after called "St. Anthony", and the, SOO LINE RAILROAD COMPANY, hereinafter called the "Company", and the COMMISSIONER OF TRANSPORTATION, STATE OF MINNESOTA, hereinafter called the "State", WITNESSETH: WHEREAS, the Federal Highway Administration, when acting in cooperation with the Transportation Department of the State of Minnesota, is authorized by Act of Congress to make Federal Aid available for the purpose of eliminating hazards at railroad grade crossings within the State of Minnesota; and WHEREAS, the State, pursuant to Minnesota Statute, Section 161.36 (1980) , is authorized to cooperate with the United States Government in supervising improvements of public highways within the State of Minnesota not included in the trunk highway system, and to act in disbursing and accounting for Federal Funds in connection therewith; and WHEREAS, Stinson Boulevard, as now established, crosses the track of the Company at grade in St. Anthony, Ramsey County, Minnesota, and Columbia Heights, Anoka County, Minnesota, the location of said crossing and railway track being shown on the print hereto attached, marked Exhibit "B", and herein referred to and made a part of this agreement; and WHEREAS, the State, after review pursuant to Minnesota Statutes, 1980, chapter 219 has determined that flashing light signals with cantilevers and - 1 - AGREEMENT NO. 60349 gates is the proper type warning devices for this crossing and the Company is willing to install, maintain and operate such signals upon the terms and conditions hereinafter stated. NOW, THEN, IT IS AGREED: 1. The State of Minnesota, Department of Transportation, "Standard Clauses for Railway Highway Agreements", dated September 1, 1980, is attached hereto as Exhibit "A", and hereinafter referred to as "Standard Clauses". Except as hereinafter expressly modified, all of the terms and conditions set forth in the "Standard Clauses" are hereby incorporated by reference and made a part of this agreement with the same force and. effect as though fully set forth therein. Standard Clauses Nos. 1, 2, 3, 4, S, 8a, 10 and 11 are deleted from this agreement. 2. The Company shall furnish all material for and with its regularly employed forces install a complete railroad crossing signal system on Stinson Boulevard, as indicated on attac-ied plan marked Exhibit "B". The placement of the signals shall be in accordance with Part VIII of the Manual on Uniform Traffic Control Devices (MUTCD) . Detailed plans, specifications and the work to be done shall be subject to the approval of the Department of Transportation of the State of Minnesota. Work of installing this signal system shall be prosecuted so as to be completed within 12 months after the date the Company is authorized to begin work. If the Company shall determine it impossible to complete the work within the period herein specified, it shall make a written request to the State for - 2 - AGREEMENT NO. 60349 • an extension of time for completion, setting forth therein the reason for such extension. 3. The actual costs of the project herein contemplated, including pre- liminary engineering costs, are to be financed with 90% Federal Funds, 5% Columbia Heights, and 5% St. Anthony Funds. The State, Columbia Heights and St. Anthony will reimburse the Company as provided herein for only such items of work and expense as are proper and eligible for payment with Federal Funds. Only materials actually incorporated into the project will be eligible for Federal reimbursement. The State's 90% portion (reimbursable with Federal Funds) will be paid to the Company in accordance with Article 9 of the Standard Clauses, Exhibit "A". The Columbia Heights 5% portion and St. Anthony 5% portion will be paid • to the Company when the project has been completed and the Final Bill has been approved by the State. It is understood that the following estimate is for informational purposes only. The estimated cost of the work to be done by the Company hereunder with its own equipment and regularly employed forces and in accordance with the Company's agreements with such regularly employed forces is as follows and in further accordance with detailed estimate attached hereto and marked Exhibit Material $43,385.00 Labor (Including Additives) $17,163.00 Contingencies $ 6,055.00 TOTAL ESTIMATED COST $66,603.00 3 - AGREEMENT N0. 60349 iPortion of costs allocated to Columbia Heights (50 of actual cost) $ 3,330.15 Portion of costs allocated to St. Anthony (50 of actual cost) $ 3,330.15 Reimbursable with Federal Funds $59,942.70 4. In the event it is determined that a change from the foregoing statement of work to be performed by the Company is required, it shall be authorized only by a written change or extra work order issued by the State prior to the performance of the work involved in .the change. S. The said grade crossing signal system shall be maintained and operated by the Company upon completion of its installation, but this said obligation to maintain said signal system shall continue in accordance with the law of the State as it shall be from time to time in the future. 6. The signal system shall not be removed unless there has been a determination that said signals &,re no longer required at this location. If the signals are to be removed, the Company upon request of the State shall reinstall it at some other crossing within the State on the Company's tracks. The location and division of cost of such relocation shall be agreed upon between the Company and the State prior to such removal. In the event that either railway or highway improvements will necessitate a rearrangement of the signals at said crossing, the party whose improvement causes said changes will bear the entire cost of the same without obligation to the other. �3 -. 4 - AGREEMENT NO. 60349 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be • duly executed. Attest: CITY OF COLUMBIA EI H CITY OF ST. ANTHONY By: Ma By: Mayor By: City Manager By: y Manager 7 <" i/ty Comptroller City Clerk In Presence of: S0OLINE ROAD COMP • By' &I Ilk Aj STATE OF MINNESOTA Recommended for Approval: COMMISSIONER OF TRANSPORTATION !' �e By: Manager, Railroad Operations sistant issioner Public Tr portation Dated: 7— /7 , 19-V Approved as to Form and Execution: APPROVED: DEPARTMENT OF ADMINISTRATION - LY• By, Special Assistant Attorney General Authorized Signature 5 - RESOLUTION 81-024 A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE AGREEMENT WITH SOO LINE RAILROAD COMPANY AND COMMISSIONER OF TRANSPORTATION FOR INSTALLATION AND MAINTENANCE OF RAILROAD CROSSING SIGNALS BE IT RESOLVED, that the City of St. Anthony enter into an Agreement with Soo Line Railroad Company and the Commissioner of Transportation for the installation and maintenance of railroad crossing signals at the intersection of Stinson Boulevard with the tracks of Soo Line Railroad Company in St. Anthony and Columbia Heights and appointing the Commissioner of Transportation agent for the City to supervise said project and administer available Federal Funds in accordance with Minnesota Statute, Section 161.36 '(1980) . The City ' s share of the cost shall be 5 percent of the total cost. BE IT FURTHER RESOLVED, that the Mayor and City Manager be and they are hereby authorized to execute said agreement for and on behalf of the City. Adopted this / day of �� , 1981. Mayor ATTEST: Ci--Ey C erk Reviewed. for administration: Ci,�V Manager STATE OF MINNESOTA ) ) ss CERTIFICATION CITY OF ST. ANTHONY) I hereby certify that the foregoing Resolution is a true and cor- rect copy of a Resolution presented to and adopted by the City Council of the City of St. Anthony at a duly authorized meeting thereof held in the Ci Hall at St . Anthony, Minnesota, on the /;, thereof day of , 1981 , as disclosed by the records of said City ouncil in my possession. City Clerk • Y AGREEMENT NO. 60349 RES0LUTI ON No. 81-17 BE IT RESOLVED, that the City of Columbia Heights enter into an Agreement with Soo Line Railroad Company and the Commissioner of Transportation for the installation and maintenance of railroad crossing signals at the intersection of Stinson Boulevard with the tracks of Soo Line Railroad Company in St. Anthony and Columbia Heights and appointing the Commissioner of Transportation agent for the City to supervise said project and administer available Federal Funds in accordance with Minnesota Statute, Section 161.36 (1980) . The City's share of the cost shall be 5 percent of the total cost. BE IT FURTHER RESOLVED, that the Mayor and City Manager be -and they are hereby authorized to execute said agreement for and on behalf of the City. Dated this 23 day of March 19�L• OFFERED: Norberg SECONDED: Heintz ROLL CALL: All ayes Bruce G. Nawrocki , Mayor ko-An4tatludent, Cd-itncil Secretary STATE OF MINNESOTA ) ss C E R T I F I C A T I O N CITY OF COLUMBIA HEIGHTS) I hereby certify that the foregoing Resolution is a true and correct copy of a Resolution presented to and adopted by the City Council of the City of Columbia Heights at a duly authorized meeting thereof held in the City Hall at Columbia Heights, Minnesota, on the 23 day of March , 19 81 , as disclosed by the records of said City Council in my possession. • Ci Clerk STATE OF MINNESOTA DE1'AR` 14E NT OF TRANSPORTATION STANDARD CLAUSES . • FOR RAILWAY-HIGHWAY AGREEMZ, US SEPTEMBER 1, -1980 1. The State will .review plans and specifications. for the con- struction of the grade separation structure and approve the separation of grades of the tracks of the Company and of the trunk highway, as shown in the plans- and specifications referred to in this agreement. 2. The State agrees to let a contract pursuant to law.for the con- struction of the highway project referred to in this agreement, in accordance with said plans and specifications referred to in this agreement. 3. The State agrees that all work provided. to be done by the State on the right of way of the Company shall be .performed and completed in accordance with said plans and specifications in a manner satisfactory -to the Chief Engineer of the Company, or his authorized representative. The State agrees that any contract let by it, for the .performance of any construc- tion work contemplated by this agreement, will require the contractor to comply with all of the provisions relating to work on railroad right of way contained in 'Tlirnesota, Department of Transportation, St. Paul, Standard Speci- fications for Highway Construction" , dated January 1, 1978, to furnish to the Company a Railroad Protective Liability Insurance Policy and to carry regular Contractor's Public Liability and Property Damage Insurance, both as specified in the Federal-Aid Highway Program ylanual, Volume 6, Chapter 6, Section 2, Subsection 2, and having limits of liability, as specified in the specifica- tions and special provisions referred to in this agreement. Said Railroad Protective Liability Policy and evidence of said Contractor's Public Liability and property Damage Insurance, executed by an insurer qualified to write such policies in the State of Minnesota, shall be delivered to the Company prior to the entry upon or use of the Company's property by the Contractor. 4. The State reserves the right to m2ke such changes in the plans or character of the work, as the work under the contract progresses; as shall, in the Commissioner of Transportation's judgment, be reasonably necessary to cause the agreed highway project to be in all things constructed and completed in a satisfactory manner, and to that end, and as supplemental to any contract let for the construction of said. project, to enter into any supplemental .agreement with -the contrac Lor for the .performance of any extra work or work occasioned by any necessary, advantageous or desirable change in the plans. Any such changes in plan or the character of work, involving the Company's facilities or property, will be subject to the approval of the ComPany. • EXHIBIT "A'' Page 1 - 5. The State agrees to pay the entire cost of the work to be per- formed under- the contract to 'be let by the State, including the State's supervision of the contract work, provided, however: • a.) that nothing herein contained shall- prevent the State from pursuing and enforcing any of its common law and statutory rights, which it may have against any tortfeasor, including any contractor and the Company; b.) that when the Company has liability or obligation to the United States or the State for any portion of the railway- highway project, the Company shall pay its share of the railway-highway project in the manner and to the extent set forth elsewhere- in this agreement. 6. The provisions contained in Federal-Aid Highway Program Manual, Volume 6, Chapter 6, Section 2, Subsection' l, and Volume 1, Chapter 4, Section 3, shall apply to the railway-highway project, regardless .of the method of financing the project. 7. If the Company enters into a contract or agreement with a con- tractor, to perform all or any portion of the Company's work set forth in this agreement, the Company for itself, its assigns and successors in interest, agrees that it will not discriminate in its choice of contractors and will include all of the nondiscrimination provisions set forth in APPENDIX "A", attached hereto and.made apart hereof, in any such contract or agreement. B. The Company agrees that its representative in charge of the work • set forth in this agreement shall furnish the State's Engineer in charge of the project: a.) "Form 7094, Minnesota Department of Transportation, Payroll Monthly Report", signed in duplicate, showing the number of men on payroll, classification, total worked and starting, stopping, resumption and completion dates for each month, not later than the week follo:•ling the month in which the work was performed. b.) Upon request, full detailed information as to progress of work and amount of labor and material used as of the time of request. In addition to the foregoing records and acts, the Company will, from time to time, make such other reports, keep such other records and .perform such other work in such manner and time as may be necessary to enable the State to collect and obtain available Federal Aid. 9. To the extent set forth in this agreement, the State will re- imburse the Company for actual expense incurred performing the work set forth in this agreement. Payments will be made in accordance with the following; I: llIBIT "A" - Page 2 , 9-1-80 a.) At least 9G;b' of partial-bills marlted "Progressive Bill No. 1, No. 2, etc.", or "First, second, etc.", signed by an officer of the' Company, rendered in septuplet. Partial bills shall • be based on actual costs that can be substantiated by checking the Company's records but do not need to be in detail: or, b.) At Least 75o of partial bills marked and signed, as required above, based on the Company Engineer's estimate of the per- centage of completion of the various cost reimbursable items, as shown on the detailed estimate, which is attached to and made a part of this agreement,. subject to the State Engineer's concurrence and approval of said completion percentage. In no event will a combination of partial billing based on actual cost, and Engineer's estimates, be reimbursable. c.) At least 909/ of final bill marked "Final', signed by an officer of the Company, rendered in septuplet, in accordance with Federal- Aid Highway Program rlanual Volume 1, Chapter 4, Section 3. Said final bill shall be a complete, detailed and itemized statement of all items of work performed by the Company, as shown in the appropriate exhibit or exhibits attached to this agreement. d.) Final payment will be made after audit of the final bill. The Company shall keep account of its work in such a way that said accounts may be readily audited. In the event that any amount previously paid to the Company is in excess of the actual coat. determined by audit, the Company, upon notice of the. State, shall. pay -to. the. State the difference. • I 10. In the event that the State does not enter into a contract for construction of the project contemplated by this agreement on or before a day twelve (12) months after the date this agreement is fully executed, then either party may, at any time thereafter., serve notice of cancellation upon the other party, by registered mail, and- this agreement shall immediately be cancelled and terminated; provided, however, that the Company shall be reimbursed in full by the State for all reimbursable costs incurred after this agreement is fully _ executed and prior to said cancellation. 11. The reimbursable maintenance costs shall. not extend to the repair of any damage to the bridge structure resulting from the -operations of the Company for which the Company has any common law or statutory liability. The reimbursable maintenance costs shall be limited to the actual cost of labor and materials used and to rental value of equipment used. The actual cost of labor and materials and the rental value of equipment referred to shall be ascertained in accordance with the provisions o£ -the Federal-Aid Highway Pro- gram Manual, Volume 1, Chapter 4, Section 3. Except as hereinafter provided in the case of emergency repairs, reimbursement shall be made only if the Company has submitted its pro-posed repairs to the State, including any estimate of cost of such repairs, and approval has been received from the State in writing in advance of starting work by the Company. If the Company is unable to obtain the State's approval of the proposed repairs, it may request and require the State to let a contract -for the necessary work. In the event of an emergency requiring immodiate repairs to said, bridge structure in order to LX 11BI`.[' "A„ - Pale 9-1-80 1 A ' maintain railroad traffic, the Company shall be only required to notify the State as soon as reasonably possible that the emergency has arisen and that • the Company is ,proceeding with the work. The Company hereby acknowledges that it may be necessary to file a legislative claim for reimbursement of any costs incurred before State Lands are encumbered in an amount sufficient to cover the costs of the work. In all events, reimbursable maintenance costs shall be limited to necessary repairs. If any maintenance work is such that it cannot be performed by the Company- with its of-m equipment and regularly employed forces, the Company may contract the work. However, the Company shall not award the contract or start work until the contract has been approved by the Commissioner of Transportation and the necessary State funds have been encumbered. 12. It is further agreed by and between .the parties hereto anything to the contrary herein notwithstanding, that the Commissioner of Transportation of the State of Minnesota is acting in his official capacity only and that he shall not be personally responsible or liable to the Company or to any person or persons whomsoever for any claims, damages, actions, or causes of action of any kind or character arising out of or by reason of the execution of this agreement or the performance or completion of the project provided for herein. 13. Before this agreement shall become binding and affective, it shall have received the approval of such State officers as the law may provide in addition to the Commissioner of Transportation. 14. The lams of the State of Minnesota shall govern all questions as • to the execution, nature, obligation, construction, validity and.performance of this agreement. 15. If it appears to the Company at any time subsequent to the date of this agreement and prior to final completion of such work, that the actual cost f; of such work will exceed the estimated cost, the Company shall.. immediately so notify the State in writing, -thereof, and, after the additional funds are encumbered, such notice will have the affect of amending this agreement so as to include the supplemental cost of such work. 16. as-provided under Minnesota Laws 1980,_Chapter 614, Sec. 51, all books, records, documents, and accounting procedures and practices of the Company relevant to this contract are subject to examination by Mn,/DOT and either .the legislative auditor or the State auditor as appropriate. MUDIT "All _ r'ac'e 4 9-1-80 LMn/150T.252S1(12/76) • APPENDIX A Non-Discrimination Provisions of Title VI of the Civil Rights Act of 1964. During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor"), agrees as follows: (1) Compliance with Regulations: .The Contractor will comply with Regulations of the Department of Transportation relative to nondiscrimination in federally-assisted programs of the Department of Com- merce (Title 49, Code of Federal Regulation, Part 21, hereinafter referred to as the Regulations),which are herein incorporated by reference and made a part of this contract. (2) Nondiscrimination: The contractor, with regard to the work performed*by it after award and prior to completion of the contract work, will not discriminate.on the ground of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate either directly or indirectly in the discrimination pro- hibited by Section 21.5 of the Regulations, including employment practices when the contract covers a.program set forth in Appendix "A", "B" and "C". (3) Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or equipment, each. potential subcontractor or sub- plier shall be notified by the contractor of the contractor's obligations. Linder this contract and the Regulations relative to nondiscrimination on the ground of race, color or nation origin. (4) Information and Reports: The contractor will provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto, and will permit access to its books, - records, accounts, ether sources of information, and its facilities as may be determined by the Depart- ment of Transportation or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the Department of Transportation, or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information. (5) Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimi- nation provisions of this contract, the Department of Transportation shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including but not limited to, (a) witholding of payments to the contractor under the contract until the contractor complies, and/or (b) cancellation, termination or suspension of the contract, in whole or in part. (6) Incorporation of Provisions: The contractor will include the provisions of paragraph (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, order, orinstructions issued pursuant thereto. The contractor will take such action with respect to any subcontract or procurement as the Department of Transportation or the Fc,';e,ral Highway Administration may direct as a means of enforcing such provisions' including sanctions for noncompliance: Provided, however, that, in the event a contractor becomes involved in, or is threaten- ed with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the State to enter into such litigation to protect the interests of the State, and in addition, the contractor may request the.United States to enter into such litigation to protect the interests of the United States. r qo _. + _ N I I � . G I Caarsd •G:..� .,,,r-,(t„j•'�•I.3:�:�-�,f�-a�^.� ..ate-r i ��c,�- /Y�•rr !lova/0 6P bv,/r -Ay I T lo. of /'7o4,12alfErs! I I SOO LINE RATLRO D, COMPMJY GRADE GROSSING 1'1:i TECCI.ON ST. ANITHO,!Y, NINi`;ESOTA EST11-IATED I•IATERIAL ESTLIATE' UNIT QUANTITY COST *If Roadway Gates L ach 2 $ $,000 Flashing Light Signals/Cantilevered Each 2 6,200 Bungalow ' Each 1 3,600 Foundations Each 8 800 Rectifier Each •2 555 Transformer Each 1 175 Neutral Relays Each 7 1,925 Flasher Relay Each 1 440 AFTAC System FLMD Model 2 Each 2 13,124 Storage Battery Each 7 770 Case Wire Material Lot 1 440 Underground Cable Lot 1 1,100 A.C.- Service Each 1 310 Bonds and Rail Connections Each 10 60 Pipe 3" Galvanized L.F. 105 460 TOTAL $37,959 Track Material Lot 1 L_330 $38,289 Tax 4% STORES 5% 3,446 TOTAL MATERIAL $41,735 Engineering Tabor and Supervision $ 1,000 cnal Labor 8,000 ction C_cU: Labor 330 Accounting Labor 330 TOTAL LABOR $ 9,660 Labor Additives 53.86% $ 5,203 Equipment Rentals 1,650 Crew Expense: 2 3G0 TOTAL LABOR ADDITIVES $ 9,153 TOTAL ABOVE ACCOUNTS $60,548 CONTINGENCIES 107 $ 6,055 ESTIMATED COST $66,603 OFFICE OF THE CHIEF ENGINEER TYPE OF F.tQGIP ELr ING DI;PAR'.[7Il:iv'1' STATE PF:OjCT j P `a-Q o 3d S00 LINE RAILROAD -- — - - -- -— ——� I':IId\EAI'OLTS, I•Il\ivESO:L'A rd�h\Pr P!':U IPCT T. RY, GAC DATE_ 11-28-SO LOCATION.S�• DME