HomeMy WebLinkAboutbig four station CONTRACT FOR
ENGINEERING SERVICES
THIS AGREEMENT is made and entered into this day of
2013, by and between the City of Jeffersonville, Indiana, acting by and through its
Redevelopment Commission and Board of Public Works (hereinafter referred to as the
"OWNER "), and Beam, Longest and Neff, L.L.C., Consulting Engineers, 8126 Castleton Road,
Indianapolis, Indiana 46250 (hereinafter referred to as the "CONSULTANT ").
WITNESSETH
WHEREAS, the OWNER desires to contract for the professional services hereinafter
described (the "Services "), in relation to the following described project (the "Project "):
Big Four Station
Construction Observation
City of Jeffersonville, Indiana
WHEREAS, the CONSULTANT is qualified and prepared to perform the Services
required in said work and they agree to perform the Services under the terms and conditions
herein set forth; and,
WHEREAS, said funds are available for the Services; and,
WHEREAS, the OWNER is authorized to enter into this Agreement.
NOW, THEREFORE, IT IS MUTUALLY AGREED that the OWNER does hereby employ
the CONSULTANT to perform the Services specified herein and agrees to pay for the Services
the amounts hereinafter specified; and the CONSULTANT agrees to perform the Services as
are herein enumerated.
SECTION I. SERVICES BY CONSULTANT
The Services to be provided by the CONSULTANT under this Agreement are as set forth in
Appendix "A ", which is attached to this Agreement and made an integral part hereof.
SECTION II. INFORMATION AND SERVICES TO BE FURNISHED BY OWNER
The information and services to be furnished by the OWNER under this Agreement are as set
forth in Appendix "B ", which is attached to this Agreement and made an integral part hereof.
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SECTION III. NOTICE TO PROCEED AND SCHEDULE
The CONSULTANT shall begin the Services to be performed under this Agreement upon
receipt of a Notice to Proceed from the OWNER as set forth in Appendix "C ", which is attached
to this Agreement and made an integral part hereof.
SECTION IV. COMPENSATION
The CONSULTANT shall receive payment for the Services performed under this Agreement as
set forth in Appendix "D ", which is attached to this Agreement and made an integral part hereof.
SECTION V. GENERAL PROVISIONS
The Standard Terms and Conditions for this Agreement are as set forth in Appendix "E ", which
is attached to this Agreement and made an integral part hereof.
SECTION VI. E- VERIFY AFFIDAVIT
The E- Verify Affidavit for this Agreement is as set forth in Appendix "F ", which is attached to this
Agreement and made an integral part hereof.
IN TESTIMONY WHEREOF, the parties hereto have executed this Agreement, the day
and year first above mentioned.
OWNER:
CONSULTANT: REDEVELOPMENT COMMISSION
BEAM, LONGEST AND NEFF, L.L.C. CITY OF JEFFERSONVILLE, INDIANA
ilde ft.Z; ,---- ,./'
A
(Pre . a ent ) R. Monty Sne i . resid t
BOARD O' P :LIC WOR S
CITY OF Jr, F ": RSONVIL ,.INDIANA
Mike Moore a •r
ATT «S ATT I IL a
� Kevin LaGrang-, ecretary
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APPENDIX "A"
Services by Consultant
The CONSULTANT's understanding of the Project is as follows:
The Big Four Station is a proposed park to be located at the north end of the Big Four Bike
Pedestrian Bridge in downtown Jeffersonville, IN. The park will include new concrete sidewalks
around the perimeter with additional walks provided within the park's interior. A large concrete
plaza will include a custom concrete water feature equipped with limestone veneer, cascading
water, and exterior grade lighting. Other plaza features include four internally lit custom light
towers ranging from 25 feet to 50 feet in height and constructed of powder coated
structural steel, glass, and ornamental metals. Other public spaces include a 3,200 square
foot open air pavilion framed of powder coated structural steel and aluminum metal
panels systems, as well as a 900 square foot restroom facility constructed of CMU, aluminum
metal panel systems, and structural steel. Site utilities will be housed in an enclosed
CMU /aluminum metal panel system maintenance room that will be constructed under the
existing pedestrian ramp currently under construction. The park will be equipped with fully
irrigated landscape beds and lawns, perforated steel screen walls, and lighted aluminum
bollards lining the interior walkways. Park benches, bike racks, trash receptacles, and drinking
fountains will also be located throughout the site for public use.
The CONSULTANT shall provide the OWNER with the following Services:
1. Construction Observation
1.1 Furnish a Resident Project Representative (RPR), assistants and other staff to assist in
observing the performance of the work of the contractor. The duties, responsibilities and
limitations of authority of the RPR are as set forth in Attachment A -1, which is attached
hereto and made an integral part hereof. It is assumed that one (1) RPR will be on site
forty (40) hours per week for the thirty five (35) week construction duration.
A -1
ATTACHMENT Al -
Duties, Responsibilities and Limitations of Authority
Of Resident Project Representative
The CONSULTANT shall furnish a Resident Project Representative ( "RPR "), assistants
and other field staff to assist the CONSULTANT in observing progress and quality of the work of
the Contractor.
Through on -site observations of the work in progress and field checks of materials and
equipment by the RPR and assistants, the CONSULTANT shall endeavor to provide further
protection for the OWNER against defects and deficiencies in the work of the Contractor.
However, the CONSULTANT shall not, during such visits or as a result of such observations of
the Contractor's work in progress, supervise, direct, or have control over the Contractor's work
nor shall the CONSULTANT have authority over or responsibility for the means, methods,
techniques, sequences or procedures selected by the Contractor, for safety precautions and
programs incident to the work of the Contractor, for any failure of the Contractor to comply with
laws, rules, regulations, ordinances, codes or orders applicable to the Contractor's performing
and furnishing the work, or responsibility of construction for the Contractor's failure to furnish
and perform the Work in accordance with the Contract Documents.
The duties and responsibilities of the RPR are limited to those of the CONSULTANT in
the CONSULTANT'S agreement with the OWNER and in the construction Contract Documents,
and are further limited and described as follows:
A. General
RPR is the CONSULTANT'S agent at the site, will act as directed by and under the
supervision of the CONSULTANT, and will confer with the CONSULTANT regarding
RPR's actions. RPR's dealings in matters pertaining to the on -site work shall in general
be with the CONSULTANT and Contractor, keeping the OWNER advised as necessary.
RPR's dealings with subcontractors shall only be through or with the full knowledge and
approval of the Contractor. RPR shall generally communicate with the OWNER with the
knowledge of and under the direction of the CONSULTANT.
D. Duties and Responsibilities of RPR
1. Schedules: Review the progress schedule, schedule of Shop Drawing submittals
and schedule of values prepared by the Contractor and consult with the
CONSULTANT concerning acceptability.
2_ Conferences and Meetings: Attend meetings with the Contractor, such as
preconstruction conferences, progress meetings, job conferences and other
project - related meetings, and prepare and circulate copies of minutes thereof.
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3. Liaison:
a. Serve as the CONSULTANT'S liaison with the Contractor, working
principally through the Contractor's superintendent and assist in
understanding the intent of the Contract Documents; and assist the
CONSULTANT in serving as the OWNER'S liaison with the Contractor
when the Contractor's operations affect the OWNER'S on -site operations.
b. Assist in obtaining from the OWNER additional details or information,
when required for proper execution of the Work.
4. Shop Drawings and Samples:
a. Record date of receipt of Shop Drawings and Samples.
b. Receive Samples which are furnished at the site by Contractor, and notify
CONSULTANT of availability of Samples for examination.
c. Advise CONSULTANT and Contractor of the commencement of any
Work requiring a Shop Drawing or Sample if the submittal has not been
approved by CONSULTANT.
5_ Review of Work, Rejection of Defective Work, Inspections and Tests:
a. Conduct on -site observations of the Work in progress to assist the
CONSULTANT in determining if the Work is in general proceeding in
accordance with the Contract Documents.
b. Report to the CONSULTANT whenever RPR believes that any Work will
not produce a completed Project that conforms generally to the Contract
Documents or will prejudice the integrity of the design concept of the
completed Project as a functioning whole as indicated in the Contract
Documents, or has been damaged, or does not meet the requirements of
any inspection, test or approval required to be made; and advise the
CONSULTANT of Work that RPR believes should be corrected or
rejected or should be uncovered for observation, or requires special
testing, inspection or approval.
c. Verify that tests, equipment and systems start -ups and operating and
maintenance training are conducted in the presence of appropriate
personnel, and that Contractor maintains adequate records thereof; and
observe, record and report to CONSULTANT appropriate details relative
to the test procedures and start -ups.
d. Accompany visiting inspectors representing public or other agencies
having jurisdiction over the Project, record the results of these inspections
and report to CONSULTANT.
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6 Interpretation of Contract Documents: Report to the CONSULTANT when
clarification and interpretations of the Contract Documents are needed and
transmit to the Contractor clarifications and interpretations as issued by the
CONSULTANT.
7. Modifications: Consider and evaluate the Contractor's suggestions for
modifications in Drawings or Specifications and report with RPR's
recommendations to the CONSULTANT. Transmit to the Contractor in writing the
decision as issued by the CONSULTANT.
8. Records:
a Maintain at the job site orderly files for correspondence, reports of job
conferences, shop drawings and samples, reproductions of original
Contract Documents including all Work Change Directives, Addenda,
Change Orders, Field Orders, additional Drawings issued subsequent to
the execution of the Contract, CONSULTANT's clarifications and
interpretations of the Contract Documents, progress reports, Shop
Drawing submittals received from and delivered to Contractor and other
Project related documents.
b. Prepare a daily report or keep a diary or log book, recording Contractor's
hours on the job site, weather conditions, data relative to questions of
Work Change Directives, Change Orders or changed conditions, list of
job site visitors, daily activities, decisions, observations in general, and
specific observations in more detail as in the case of observing test
procedures; and send copies to CONSULTANT.
c. Record names, addresses and telephone numbers of all Contractors,
subcontractors and major suppliers of materials and equipment.
9. Reports:
a, Furnish to the CONSULTANT periodic reports as required of progress of
the Work and of the Contractor's compliance with the progress schedule
and schedule of Shop Drawing and Sample submittals.
b. Consult with CONSULTANT in advance of scheduled major tests,
inspections or start of important phases of the Work.
c. Draft proposed Change Orders and Work Change Directives, obtaining
backup material from the Contractor and recommend to the
CONSULTANT Change Orders, Work Change Directives, and Field
Orders.
d Report immediately to the CONSULTANT and the OWNER the
occurrence of any accident.
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10. Payment Requests: Review Applications for Payment with Contractor for
compliance with the established procedure for their submission and forward with
recommendations to CONSULTANT, noting particularly the relationship of the
payment requested to the schedule of values. Work completed and materials and
equipment delivered at the site but not incorporated in the Work.
11. Certificates, Maintenance and Operation Manuals: During the course of the
Work, verify that certificates, maintenance and operation manuals and other data
required to be assembled and furnished by Contractor are applicable to the items
actually installed and in accordance with the Contract Documents, and have this
material delivered to CONSULTANT for review and forwarding to OWNER prior
to final payment for the Work.
12. Completion:
a. Before the CONSULTANT issues a Certificate of Substantial Completion,
submit to the Contractor a list of observed items requiring completion or
correction.
b. Observe whether the Contractor has had performed inspections required
by laws, rules, regulations, ordinances, codes, or orders applicable to the
work, including but not limited to those to be performed by public
agencies having jurisdiction over the work.
c. Conduct a final inspection in the company of the OWNER and Contractor
and prepare a final list of items to be completed or corrected.
d. Observe whether all items on final list have been completed or corrected
and make recommendations to CONSULTANT concerning acceptance
and issuance of the Notice of Acceptability of the Work.
C. Limitations of Authority by RPR
The Resident Project Representative
1 Shall not authorize any deviation from the Contract Documents or substitution of
materials or equipment (including "or- equal" items), unless authorized by the
CONSULTANT.
2. Shall not exceed limitations of the CONSULTANT'S authority as set forth in the
Agreement or the Contract Documents.
3 Shall not undertake any of the responsibilities of the Contractor, Subcontractor,
Suppliers, or Contractor's superintendent.
4. Shall not advise on, issue directions relative to or assume control over any
aspect of the means, methods, techniques, sequences or procedures of
construction unless such advice or directions are specifically required by the
Contract Documents.
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5. Shall not advise on, issue directions regarding or assume control over safety
precautions and programs in connection with the Work.
6. Shall not accept Shop Drawing or Sample submittals from anyone other than the
Contractor.
7. Shall not authorize the OWNER to occupy the Project in whole or in part.
8. Shall not participate in specialized field or laboratory tests or inspections
conducted by others except as specifically authorized by the CONSULTANT.
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APPENDIX "B"
Information and Services to be Furnished by Owner
The OWNER shall furnish the CONSULTANT with the following:
1. Guarantee access to and make all provisions for the CONSULTANT to enter upon public
and private lands as required for the CONSULTANT to perform the Services under the
Agreement.
2. All legal services as may be required for the development of the Project.
3. Give prompt written notice to the CONSULTANT whenever the OWNER observes or
otherwise becomes aware of any defect on the Project.
4. Designate a representative to act on behalf of the OWNER with respect to the Services
to be performed under the Agreement with such person to have complete authority to
transmit instructions, receive information, interpret and define OWNER'S policies and
decisions pertinent to the Services covered by the Agreement.
5. Provide access, at no expense to the CONSULTANT, to OWNER'S officers and /or staff,
to all available information pertinent to the Project and the use of such information as
appropriate in the accomplishment of the Services.
6. Obtain approval of all governmental authorities having jurisdiction over the Project and
such approvals and consents from such other individuals or bodies as may be necessary
for completion of the Project.
B -1
APPENDIX "C"
Notice to Proceed and Schedule
Unless otherwise directed by the OWNER, the execution of this Agreement shall constitute a
notice to proceed with the Services as set forth in Appendix "A ".
C -1
APPENDIX "D"
Compensation
The OWNER shall compensate the CONSULTANT for the Services performed under this
Agreement as follows:
1. Compensate the CONSULTANT for the Services under Appendix "A ", Item 1, on a lump
sum basis in the amount of one hundred forty thousand dollars ($140,000.00) The
CONSULTANT is to be compensated monthly based upon percent complete.
2. Compensate the CONSULTANT for contract administration and for additional services
as requested in writing by the OWNER, on an hourly basis by classification, as set forth in
Attachment "D-1", which is attached hereto and made an integral part hereof, plus
expenses (in the case of sub - consultants, the expense plus 10 %). The CONSULTANT is
to be compensated monthly. Additional services may include but are not limited to:
2.1 Preparation of a Final Construction Record.
2,2 Any requested or required testing.
2.3 Any RPR hours over forty (40) hours in a week.
2.4 Cost of providing office space during the Project.
2.5 Client coordination meeting or any other requested or required meetings.
2,6 Additional support staff for the RPR during the Project, including the need for an
assistant RPR during construction.
3. The classifications and rates may be adjusted annually (beginning July 2013) to reflect
equitable changes in the compensation payable to the CONSULTANT.
D -1
ATTACHMENT "D -1"
Classifications and Billing Rates
Year 20/2/2013
Classification Hourly Rate
Administration 1 $ 45.00
Administration 6 115.00
Administration 7 195.00
Engineer 1 90.00
Engineer 2 105.00
Engineer 3 120.00
Engineer 4 135.00
Engineer 5 150.00
Engineer 6 160.00
Engineer 7 180.00
Engineer 8 205.00
Engineer 9 250.00
Environmental Analyst 1 65.00
Environmental Analyst 3 110.00
Environmental Analyst 4 130.00
Environmental Analyst 5 185.00
Land Surveyor 2 110.00
Land Surveyor 3 155.00
Land Surveyor 4 195.00
Landscape Architect 2 120.00
Landscape Architect 4 170.00
Project Coordinator 2 95.00
Project Coordinator 3 110.00
Project Coordinator 4 135.00
Project Coordinator 5 190.00
Project Coordinator 6 250.00
Technician 1 65.00
Technician 2 80.00
Technician 3 95.00
Technician 4 100.00
Technician 5 105.00
Technician 6 110.00
Technician 8 115.00
Technician 9 145.00
Technician 10 225.00
The Hourly Rates are subject to revision in July of each year.
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APPENDIX "E"
Standard Terms and Conditions
1. STANDARD OF CARE. The standard of care for all Services 7. INSURANCE. CONSULTANT will provide and maintain
performed or furnished by CONSULTANT under this Agreement insurance coverage for Professional, Commercial General,
will be the care and skill ordinarily used by members of Automobile, Worker's Compensation and Employer's Liability in
CONSULTANT's profession practicing under similar amounts in accordance with applicable law and CONSULTANT's
circumstances at the same time and in the same locality. business requirements. Certificates evidencing such coverage
CONSULTANT makes no warranties, express or implied. Since will be provided to OWNER upon request. For projects involving
CONSULTANT has no control over competitive bidding or construction, OWNER agrees to require its construction
market conditions, CONSULTANT cannot guarantee the contractor, if any, to include CONSULTANT as an additional
accuracy of any opinion of construction costs as compared to insured on its policies relating to the Project.
contract bids or actual costs to OWNER.
8. INDEMNITY. OWNER and CONSULTANT each agree to
2. CHANGE OF SCOPE. The Services set forth In this indemnify and hold the other harmless, and their respective
Agreement are based on the information provided by OWNER to officers, employees, agents, and representatives, from and
CONSULTANT as of the date of execution of this Agreement. against liability for all claims, losses, damages, and expenses, to
CONSULTANT will promptly notify OWNER of any changes in the extent such claims, tosses, damages, or expenses are
scope of the Services in writing and changes in Services after caused by the indemnifying party's negligent acts, errors, or
the date of this Agreement shall be the basis for modifications to omissions. In the event claims, losses, damages, or expenses
times of performance and CONSULTANT's compensation. are caused by the joint or concurrent negligence of OWNER and
CONSULTANT, they shall be borne by each party in proportion
3. USE OF DOCUMENTS. All documents are instruments of to its negligence.
service in respect to this Project, and CONSULTANT shall retain
an ownership and property interest therein. OWNER rnay make 9. LIMITATIONS OF LIABILITY. No employees or agents of
and retain copies of documents prepared by CONSULTANT for CONSULTANT shall have individual liability to OWNER.
information and reference in connection with use on the Project OWNER agrees that, to the fullest extent permitted by law,
by OWNER. Such documents are not intended for use on CONSULTANT'S total liability to OWNER for any and all injuries,
extensions of the Project or on any other project. Any such use claims, losses, expenses or damages whatsoever arising out of
or modification without written verification or adaptation by or in any way related to the Project or this Agreement from any
CONSULTANT, will be at OWNER's sole risk and without liability causes including, but not limited to, CONSULTANT's negligence,
or legal exposure to CONSULTANT, and OWNER shall errors, omissions, strict liability, or breach of contract shall not
indemnify and hold harmless CONSULTANT from all claims, exceed the total compensation received by CONSULTANT under
damages, losses, and expenses, including attorneys' fees, this Agreement, except for personal injury or property damage
arising out of or resulting therefrom, which shall be limited to the extent of CONSULTANT insurance
coverage. To the fullest extent permitted by law, and except for
4. RELATIONSHIP WIT)" CONTRACTORS. CONSULTANT claims for indemnification, the time period for bringing claims
may make recommendations to OWNER concerning actions regarding CONSULTANT's performance under this Agreement
relating to OWNER's contractors, but CONSULTANT shall not shall expire one year after the last day of the CONSULTANT's
have authority to direct or supervise the means, methods, performance of the Services.
techniques, sequences or procedures of construction selected by
OWNER's contractors; CONSULTANT specifically disclaims any 10. CONSULTANT VERIFICATION. The CONSULTANT is not
authority Or reSpOr15lblllty ler general job slte safety and safety of required to check or verify OWNER - provided information or the
persons other than CONSULTANT's employees, technical adequacy or compliance of any portion of the Project
designed by the OWNER's Consultants.
5. DELAYS. If events beyond the control of CONSULTANT,
including, but not limited to, fire, flood, explosion, riot, strike, war, 11. LATE PAYMENTS. If the OWNER fails to make any
Project shutdown, acts or omissions of OWNER or others for payment due the CONSULTANT within sixty (60) calendar days,
whom CONSULTANT is not responsible, Acts of God or the the CONSULTANT shall be entitled to interest at the annual rate
public enemy, and act or regulation of any government agency, of twelve percent (12 %) plus costs of collection and reasonable
result in delay to any schedule established in this Agreement, attorneys' fees. CONSULTANT may, after giving seven (7) days
such schedule shall be extended for a period equal to the delay, written notice to OWNER, suspend Services under this
If OWNER requests chances in the scope, extent, or character of Agreement until CONSULTANT has been paid in full.
the Services or the Project, the time of performance of the
Services shall be adjusted equitably. If such schedule is 12. MISCELLANEOUS. The parties acknowledge this
changed through no fault of CONSULTANT, CONSULTANT's Agreement constitutes the entire and integrated Agreement
compensation snail be equitably adjusted. between them. This Agreement, upon execution by both parties
hereto, can be modified only by a written Instrument signed by
6. TERMINATION. Either party may terminate this Agreement both parties. The rights and obligations of this Agreement
upon 30 days written notice to the other party in the event of cannot be assigned by either party without ttie written permission
substantial failure by the other party to perform in accordance of the other party. This Agreement shall be binding upon and
with its obligations under this Agreement through no fault of the insure to the benefit of any permitted assigns. No waiver by
terminating party. In the event of such termination, OWNER either party of any default by the other party in the performance
shall pay CONSULTANT for all Services properly rendered prior of any particular section of this Agreement shall invalidate
to termination, including profit and expenses relating thereto. another section of this Agreement or operate as a waiver of any
future default, whether like or different in character.
CONSULTANT or OWNER, for purpose of convenience, may at CONSULTANT and OWNER agree that the laws of the state
any time by written notice terminate the Services under this where the Project is located shall govern this Agreement and any
Agreement. In the event of such termination, OWNER shall pay dispute involving this Agreement.
CONSULTANT for all Services rendered prior to termination
including profit and expenses relating thereto. In the event of 13. E- VERIFY. Pursuant to I.C. 22- 5- 1.7 -11, the CONSULTANT
such termination by OWNER, OWNER shall also pay shall enroll in and verify the work eligibility status of all newly
CONSULTANT for any expenses of termination and the hired employees through the "E- Verify" program. The
anticipated profit of the terminated Services. CONSLTANT shall not verify the work eligibility of all newly hired
employees if the "E- Verify" program no longer exists,
E -1
14. NO INVESTMENT IN IRAN. As required by IC 5 -22 -16,5,
the CONSULTANT certifies that the CONSULTANT is not
engaged in investment activities in Iran.
E -2
APPENDIX "F"
E- Verify Affidavit
"The CONSULTANT affirms under the penalties of perjury that he /she /it does not knowingly
employ an unauthorized alien.
The CONSULTANT shall enroll in and verify the work eligibility status of all his /her /its newly
hired employees through the E- Verify program as defined in IC 22- 5- 1.7 -3. The CONSULTANT
is not required to participate should the E- Verify program cease to exist. Additionally, the
CONSULTANT is not required to participate if the CONSULTANT is self - employed and does not
employ any employees.
The CONSULTANT shall not knowingly employ or contract with an unauthorized alien. The
CONSULTANT shall not retain an employee or contract with a person that the CONSULTANT
subsequently learns is an unauthorized alien.
The CONSULTANT shall require his /her /its SUBCONSULTANTS, who perform work under this
contract, to certify to the CONSULTANT that the SUBCONSULTANT does not knowingly
employ or contract with an unauthorized alien and that the SUBCONSULTANT has enrolled and
is participating in the E- Verify program. The CONSULTANT agrees to maintain this certification
throughout the duration of the term of a contract with a SUBCONSULTANT.
The OWNER may terminate the Contract for default if the CONSULTANT fails to cure a breach
of this provision no later than thirty (30) days after being notified by the Owner."
Beam Luce est and Neff L L.C.
(Uu ine N to )
By: ________ C to atu
James B. Longest
<Printed)
President
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