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HomeMy WebLinkAboutResolution - 2013-R0243 - Amendment To Contract - Freese And Nichols Inc.- Emergency Generators - 08/08/2013Resolution No. 2013—RO243 August 8, 2013 Item No. 5.5 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Amendment No. 1 to that certain Professional Services Contract No. 10605 dated December 6, 2012 for Phase 2 of the Pump Station Emergency Electric Generators Project, by and between the City of Lubbock and Freese and Nichols, Inc., and related documents. Said Amendment is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on Au ust 8, 2013 GLOPOCERTSON, MAYOR ATTEST: d� Reb ca Garza, City ecret APPROVED AS TD CONTENT: ood,-Vrankjfn, P.E., APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney vw:ccdocs'RES.Amend #1 Contract -Freese & Nichols July 9, 2013 city of bock TEXAS DATE July 11th, 2013 TO John Turpin, P.E., Chief Water Utilities Engineer FROM Greg Baier, P.E., Civil Engineer SUBJECT Professional Services Contract 10605 Amendment 1 with FNI for the Design of Pump Station Emergency Generators Subject: Contract Resolution - Public Works Engineering: Consider a Resolution Authorizing the Mayor to Execute Professional Services Amendment 1 to Contract 10605 with Freese & Nichols, Inc. for Engineering Services Associated with the Design of Pump Station Emergency Generator project. Summary: This project will apply study work from Phase 1 to complete the following design elements for Phase 2: the emergency generator improvements proposed from study phase and accompanying SCADA upgrades provided; providing construction documents, plans and specifications accordingly; providing design and information services to satisfy required Arc Flash electrical code and safety regulation' changes at all pump stations. Recommendation: Staff recommends execution of this contract based upon fair and reasonable hourly rates agreed for a total amount not to exceed $285,028.00. Fiscal Impact: A total of $1,800,000 has been appropriated and $1,397,300.00 remains in Capital Improvement Project number 92279 after the study and design phases of this contract. Staff/ Board Recommending: Keith Smith, PE, Chief Operating Officer Sincerely, Greg Baier, P.E. Civil Engineer P 0 Box 2000 -- 1625 13'' Street 1 Lubbock TX 79457 806.775.2000 , Citizen Call Center: 3-1-1 www.mvlubbock.us Resolution No. 2013-RO243 City of Lubbock, TX Capital Project Project Cost Detail July 1, 2013 Capital Project Number: 92279 Capital Project Name: Pump Station Emergency Elec Generators Budget Encumbered/Expended Staff Salaries 3,738 Professional Services (open commitment) 113,934 Agenda Item July 25th, 2013 FNI Engineering Services Contract 10605 Amendment 285,028 Encumbered/Expended to Date 402,700 Estimated Costs for Remaining Appropriation Uncommitted Remaining Appropriation 1,397,300 Total Appropriation To Date 1,397,300 $ 1,800,000 Resolution No. 2013—RO243 AMENDMENT NUMBER 1 TO PROFESSIONAL SERVICES CONTRACT No. 10605 BETWEEN THE CITY OF LUBBOCK AND FREESE AND NICHOLS, INC. AMENDMENT NUMBER 1 DATED 8/8/2013 to the agreement between City of Lubbock, (City) and Freese and Nichols, Inc., (Engineer) dated December 6, 2012 ("the Agreement") concerning the Pump Station Emergency Electric Generators for Phase 2 of the project. The Engineer has entered into the Agreement with City for the furnishing of professional services, and the parties now desire to amend the Agreement. Therefore, it is mutually agreed that the Agreement is amended to include Additional Services to be performed by Engineer and provisions for additional compensation by the City to the Engineer, as set forth in Exhibit A hereto. The parties ratify the terms and conditions of the Agreement not inconsistent with this Amendment, all of which are incorporated by reference. CLIENT: CONSULTANT: CITY OF LUB CK FREESE AqND NICHOLS, NC. By: By: Glen obertson Lampe, P.E. Title: Mayor Title: Vice President Date: 8/8/2013 Date: 3 ATTEST: "- P Rebe ca Garza, City Secretary APPROVED AS TO FORM: C eaver, Assistant Ci�Attor�ney Rev. 11-08 APPROVED AS TO CONTENT: ood rank 'n, P.E., City Engineer EXHIBIT A SCOPE OF SERVICES FOR PHASE 2: PUMP STATION EMERGENCY ELECTRIC GENERATORS GENERAL: The Pump Station Emergency Electric Generators - (The Project) Phase 2 includes the following: • Design of permanent generator and associated switchgear at Pump Station No.4 • Design of permanent generator and associated switchgear at Pump Station No.8 • Design of permanent generator and associated switchgear at Pump Station No. 10 • Arc Flash Hazard Risk Analysis at Pump Station No.3, Pump Station No.9, Bailey County Pump Station and Chemical Feed System, and Terminal Storage Pump Station. • Conduct geotechnical investigations • Prepare Final Contract Documents for bidding purposes The following are not part of Phase 2 of the Project. If added to Phase 2 of the Project, additional compensation will be granted to FNI. • Conduct topographical site survey • Arc Flash Hazard Risk Analysis at Pump Stations No.4, No.7, No.8 and No.10 • Phase 3 - Bid Phase and Construction Phase — General and Resident Representation services. The scope and fee for Phase 3 will be negotiated once Phase 2 has been completed. The OWNER shall provide the following items for the development of the Project: Pay for all fees, permits, mitigation cost, utilities, and electric power service costs. The OWNER shall designate a person to act as OWNER's representative during The Project BASIC SERVICES: The Basic Services include project administration, preliminary investigations, preparation of detailed design and construction documents. FNI shall render the following professional services in connection with the development of the Project: A. PROJECT MANAGEMENT: FNI will provide the following as part of the Basic Services of The Project: Attend a kick-off meeting to clarify OWNER'S requirements for the project, review pertinent data, review project staffing and organization, and present the initial work plan and schedule. 2. Provide administration and management of The Project. Review ongoing activities of all parties. Monitor schedule monthly. Monitor and update budget at milestones. Review progress with OWNER's Board on a monthly basis. Assist the OWNER with coordination with Customers staff to discuss operations, connections, start-up, and other issues. A total of two meetings are included. 4. Provide monthly update reports which include the following: • Status of the work • Major tasks to be completed in the next month • Discussion of major issues • Scope changes to project scope or Engineer's scope • Project budget update (if major changes since the last update) • Project schedule update (if major changes since the last update) • Status of deliverables B. FINAL DESIGN PHASE: FNI will provide the following as part of the final design phase: 1. Obtain and review OWNER -furnished front end documents, general conditions, and special conditions for the construction contracts. Meet with OWNER to resolve review comments, and revise OWNER's standard documents accordingly. 2. Prepare plans, specifications, contract documents, designs, and layouts of improvements to be constructed. 3. Advise OWNER of need for and recommend scope of additional Special Services. The cost of any additional special services shall be paid by OWNER and are not included in the services performed by FNI unless they are included pursuant to Exhibit A — Special Services. 4. Prepare applications for routine permits such as road and railroad crossing permits, and building code permitting (if any). 5. Submit plans, specifications, and contract documents to the applicable federal and state agency(s) for approval, where required. Submittals will include TCEQ. Furnish necessary information to utility companies whose facilities may be affected or services may be required for the Project. 7. 60% Review: Furnish OWNER ten (10) copies of preliminary (60%) plans and specifications marked "Preliminary" for approval by OWNER. FNI will meet with the OWNER to present the preliminary plans and specifications and receive comments. Review documents will include dimensional layout drawings, plans, sections and elevations of the facilities for all of the trades, typical details, and most special details. The drawings will be in sufficient development to show the overall layouts and design intent, but will lack many notes and minor details. The specifications will include the front end documents and draft specifications for major equipment items. 8. 95% Review: Furnish OWNER ten (10) copies of preliminary (95%) plans, specifications, and bid proposals marked "Preliminary" for approval by OWNER. FNI will meet with the OWNER to present the preliminary plans and specifications and receive comments. Upon final approval by OWNER, FNI will complete the plans and specifications and provide OWNER ten (10) sets of copies of "Final" plans and specifications. Review documents will include all drawing sheets and specifications with some minor corrections and notes still remaining. 9. Prepare bidder's proposal forms (project quantities) of the improvements to be constructed. 10. Prepare revised opinion of probable construction cost at 60% and 95% Reviews. 11. 95% Review of Arc Flash Hazard Analysis: Furnish OWNER three (3) copies of the preliminary (95%) Arc Flash Hazard Risk Analysis for approval by the OWNER. FNI will meet with the OWNER to present the preliminary ARC Flash Hazard Risk Analysis and receive comments. Upon final approval by the OWNER, FNI will complete the Arc Flash Hazard Risk Analysis and provide OWNER three copies of the Final Arc Flash Hazard Risk Analysis. FNI to provide arc flash labels for each site to the OWNER to be installed by the OWNER on the electrical equipment in the field. One PDF copy of the study on a CD will also be provided. OWNER will also receive one electronic copy of the Power System software files on a CD. C. BID AND AWARD PHASE: Bid and Award Phase Services (Phase 3) are not included in this contract. The scope and fee for Phase 3 will be negotiated once Phase 2 has been completed. D. CONSTRUCTION PHASE SERVICES: Construction Phase Services (Phase 3) are not included in this contract. The scope and fee for Phase 3 will be negotiated once Phase 2 has been completed. SPECIAL SERVICES: FNI shall render the following special services in connection with The Project: E. GEOTECHNICAL ENGINEERING: Freese and Nichols will provide geotechnical engineering services as follows: 1. Review the Geologic Atlas of Texas to study general subsurface conditions that are expected at the site. 2. Select approximate location for exploratory boring. Engineer will check underground utilities, other existing construction, and accessibility. Surveyor will stake the specific boring location and determine the ground surface elevation for the boring. 3. Subcontract with a drilling contractor to drill two (2) 25 -foot borings one (1) at the generator location and one (1) at the switchgear location for each site. The boring will be drilled with a continuous flight auger. Obtain soil samples for testing using 3 -inch diameter Shelby tubes for cohesive soils and using a 2 -inch diameter split -barrel sampler for non -cohesive soils, perform THD cone penetrometer tests in the field, and backfill boring with cuttings and plug the upper foot of the boring with concrete sack mix to prevent a tripping hazard. 4. Provide an engineer or geologist experienced in logging borings to direct the drilling, log the boring, record the blow counts from the Standard Penetration Test (SPT) and THD cone penetrometer tests and handle the samples. 5. Select samples for laboratory testing, assign tests, deliver samples to a subcontract laboratory selected by FNI, and review test results. Tests expected include liquid and plastic limits tests, percent passing the #200 Sieve, unconfined compression tests, and moisture contents. 6. Review subsurface conditions and soil properties found by the field and laboratory work and discuss the implications for design with FNI engineers. 7. Prepare a report of the geotechnical investigation presenting the boring locations, boring logs, lab test results and a discussion of general subsurface conditions at the site and their impact on design. The report will include recommendations for foundation design for the generator and switchgear. The report will also include a discussion of construction issues for the generator and switchgear. TIME OF COMPLETION: FNI is authorized to commence work on The Project upon execution of this AGREEMENT and agrees to complete the services in accordance with the following schedule: • 60% Design Submittal — Submit 60% design submittal within 45 calendar days of written notice to proceed. • 95% Design Submittal — Submit 90% design document within 45 calendar days of 60% design submittal review meeting with the City. • Final (100%) Design Submittal — Submit final design submittal within 30 calendar days of 90% design submittal review meeting with the City. • 95% Arc Flash Hazard Analysis — Submit 95% review submittal for Arc Flash Hazard Analysis within 120 days of written notice to proceed. • Final Arc Flash Hazard Analysis — Submit final Arc Flash Hazard Analysis within 30 days of 95% review meeting with the City. The above schedule is based upon OWNER review of the submittals within two weeks of submittal. If FNI's services are delayed through no fault of FNI, FNI shall be entitled to adjust contract schedule consistent with the number of days of delay. These delays may include but are not limited to delays in OWNER or regulatory reviews, delays on the flow of information to be provided to FNI, governmental approvals, etc. These delays may result in an adjustment to compensation. DESIGNATED REPRESENTATIVES: FNI and OWNER designate the following representatives: Owner's Designated Representative — John Turpin, 1625 13`h Street, Lubbock, Texas 79401; Phone 806- 775-2342; email: JTurpin@mail.ci.lubbock.tx.us Freese and Nichols Project Manager: Jeff Hensley, 4055 International Plaza, Suite 200, Fort Worth, Texas 76109-4895; Phone: 817-735-7300, Fax: 817-735-7491; email: jnh@freese.com Freese and Nichols Accounting Representative: Sharon James, 4055 International Plaza, Suite. 200, Fort Worth, Texas 76109-4895; Phone: (817)735-7300, Fax: (817)735-7491; email: sdj@freese.com EXHIBIT A, PART 2 - ADDITIONAL SERVICES PUMP STATION EMERGENCY ELECTRIC GENERATORS — PHASE 2 ADDITIONAL SERVICES: Additional Services to be performed by FNI, if authorized by OWNER, which are not included in the above described basic services, are described as follows: A. Bid phase services, Construction phase services including general representation and construction representation. B. Conducting topographical site surveys. C. GIS mapping services or assistance with these services. D. Making property, boundary and right-of-way surveys, preparation of easement and deed descriptions, including title search and examination of deed records. E. Providing services to investigate existing conditions or facilities, or to make measured drawings thereof, or to verify the accuracy of drawings or other information furnished by OWNER. F. Providing renderings, model, and mock-ups requested by the OWNER. G. Making revisions to drawings, specifications or other documents when such revisions are 1) not consistent with approvals or instructions previously given by OWNER or 2) due to other causes not solely within the control of FNI. H. Providing consultation concerning the replacement of any Work damaged by fire or other cause during the construction, and providing services as may be required in connection with the replacement of such Work. I. Investigations involving consideration of operation, maintenance and overhead expenses, and the preparation of rate schedules, earnings and expense statements, feasibility studies, appraisals, evaluations, assessment schedules, and material audits or inventories required for certification of force account construction performed by OWNER. J. Preparing applications and supporting documents for government grants, loans, or planning advances and providing data for detailed applications. K. Providing shop, mill, field or laboratory inspection of materials and equipment. Observe factory tests of equipment at any site remote to the project or observing tests required as a result of equipment failing the initial test. L. Conducting pilot plant studies or tests. M. Design of alternates for alternate bidding. N. Preparing data and reports for assistance to OWNER in preparation for hearings before regulatory agencies, courts, arbitration panels or any mediator, giving testimony, personally or by deposition, and preparations therefore before any regulatory agency, court, arbitration panel or mediator. O. Furnishing Special Inspections required under chapter 17 of the International Building Code. These Special Inspections are often continuous, requiring an inspector dedicated to inspection of the individual work item, and they are in additional to General Representation and Resident Representation services noted elsewhere in the contract. These continuous inspection services can be provided by FNI as an Additional Service. P. Assisting OWNER in preparing for, or appearing at litigation, mediation, arbitration, dispute review boards, or other legal and/or administrative proceedings in the defense or prosecution of claims disputes with Contractor(s). Q. Performing investigations, studies and analyses of substitutions of equipment and/or materials or deviations from the drawings and specifications. R. Assisting OWNER in the defense or prosecution of litigation in connection with or in addition to those services contemplated by this AGREEMENT. Such services, if any, shall be furnished by FNI on a fee basis negotiated by the respective parties outside of and in addition to this AGREEMENT. S. Providing environmental support services including the design and implementation of ecological baseline studies, environmental monitoring, impact assessment and analyses, permitting assistance, and other assistance required to address environmental issues. T. Design, contract modifications, studies or analysis required to comply with local, State, Federal or other regulatory agencies that become effective after the date of this agreement. U. Providing basic or additional services on an accelerated time schedule. The scope of this service include cost for overtime wages of employees and consultants, inefficiencies in work sequence and plotting or reproduction costs directly attributable to an accelerated time schedule directed by the OWNER. V. Providing services made necessary because of unforeseen, concealed, or differing site conditions or due to the presence of hazardous substances in any form. W. Additional compensation may be requested by FNI if the project is unduly prolonged due to delays beyond the control of FNI. X. Preparing statements for invoicing or other documentation for billing other than for the standard invoice for services attached to this professional services agreement. EXHIBIT A, PART 3 — OWNER'S RESPONSIBILITIES PUMP STATION EMERGENCY ELECTRIC GENERATORS RESPONSIBILITIES OF OWNER: OWNER shall perform the following in a timely manner so as not to delay the services of FNI: A. Designate in writing a person to act as OWNER's representative with respect to the services to be rendered under this AGREEMENT. Such person shall have contract authority to transmit instructions, receive information, interpret and define OWNER's policies and decisions with respect to FNI's services for the Project. B. Provide all criteria and full information as to OWNER's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; and furnish copies of all design and construction standards which OWNER will require to be included in the drawings and specifications. C. Assist FNI by placing at FNI's disposal all available information pertinent to the Project including previous reports and any other data relative to design or construction of the Project. D. Arrange for access to and make all provisions for FNI to enter upon public and private property as required for FNI to perform services under this AGREEMENT. E. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by FNI, obtain advice of an attorney, insurance counselor and other consultants as OWNER deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of FNI. F. Furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project. G. Provide such accounting, independent cost estimating and insurance counseling services as may be required for the Project, such legal services as OWNER may require or FNI may reasonably request with regard to legal issues pertaining to the Project including any that may be raised by Contractor(s), such auditing service as OWNER may require to ascertain how or for what purpose any Contractor has used the moneys paid under the construction contract, and such inspection services as OWNER may require to ascertain that Contractor(s) are complying with any law, rule, regulation, ordinance, code or order applicable to their furnishing and performing the work. H. Review the draft plans and specifications and provide comments to FNI. I. Furnish, or direct FNI to provide, Additional Services as stipulated in Exhibit A, Part 2 of this AGREEMENT or other services as required. J. The OWNER reserves the right to direct substantial revision of the Plans and Specifications after approval by the OWNER as OWNER may deem necessary, but in such event the OWNER shall pay FNI just and equitable compensation for services rendered in making such revisions. OWNER shall not be obligated to pay FNI for said revisions should they be necessary as a result of the design and/or Contract Documents being in any manner defective or deficient. K. Bear all costs incident to compliance with the requirements of OWNER'S responsibilities. EXHIBIT B - BUDGET CITY and ENGINEER have established a not -to -exceed budget of $285.028.00 to complete all services under this Task Order. This amount will not be exceeded without a contract amendment. CITY will pay the ENGINEER hourly, for services identified in Exhibit A, based on ENGINEERS Fee Schedule presented as EXHIBIT D. Subconsultant services will be billed at cost to ENGINEER with a 10 percent handling fee. The Budget is presented in Exhibit C. CITY and ENGINEER agree to allow redistribution of funds between Tasks as appropriate to allow flexibility in providing the needed services within the not -to -exceed budget. ENGINEER agrees to complete these services as delineated above. Should there be a Change in Scope of Work or Time of Performance, then this can result in an amendment to this contract which shall be negotiated at that time. This contract assumes that all work will be completed within the time specified in the Amendment No. 1. 1.1 EXHIBIT D COMPENSATION Compensation to Freese and Nichols shall be based on the following Schedule of Charges: Not to Exceed: The total fee for Basic Services in Attachment SC shall be computed on the basis of the Schedule of Charges, but shall not exceed Two Hundred Eighty Five Thousand Twenty Eight Dollars ($285,028). If FNI sees the Scope of Services changing so that Additional Services are needed, including but not limited to those services described as Additional Services in Attachment SC, FNI will notify OWNER for OWNER's approval before proceeding. Additional Services shall be computed based on the Schedule of Charges. Schedule of Charaes: Position PRINCIPAL GROUP MANAGER ENGINEER VIII ENGINEER VII ENGINEER VI ENGINEER V ENGINEER IV ENGINEER III ENGINEER II ENGINEER I ELECTRICAL ENGINEER VI ELECTRICAL ENGINEER V ELECTRICAL ENGINEER IV ELECTRICAL ENGINEER III ELECTRICAL ENGINEER II ELECTRICAL ENGINEER I MECHANICAL ENGINEER VI MECHANICAL ENGINEER V MECHANICAL ENGINEER IV MECHANICAL ENGINEER III PROGRAM MANAGER II CONSTRUCTION CONTRACT ADMIN III (QC) CONSTRUCTION CONTRACT ADMIN III (Spec. Insp) CONSTRUCTION CONTRACT ADMIN III (CM) CONSTRUCTION CONTRACT ADMIN III (Sr. RPR) CONSTRUCTION CONTRACT ADMIN II (LAH PS RPR) CONSTRUCTION CONTRACT ADMIN I (DCS 11) CONSTRUCTION CONTRACT ADMIN I (RPR) CONSTRUCTION CONTRACT ADMIN I (PBPS RPR) DOCUMENT CONTROL CLERK SR DESIGNER DESIGNER II DESIGNER I CADD DESIGNER TECHNICIAN IV TECHNICIAN III TECHNICIAN II TECHNICIAN I GIS COORDINATOR GIS ANALYST IV GIS ANALYST III GIS ANALYST II GIS ANALYST I The ranges and Individual salaries will be adjusted annually. RATES FOR INHOUSE SERVICES Computer and CAD Calcomp Plotter PC CAD Stations $10.00 per hr. Bond $2.50 per plot Other $5.00 per plot Color $5.75 per plot Testing Apparatus Density Meter $700.00 per month Gas Detection $20.00 per test Rate Position Rate 388.50 3D VISUALIZATION COORDINATOR 178.50 247.00 ENVIRONMENTAL SCIENTIST VII 228.90 269.85 ENVIRONMENTAL SCIENTIST VI 199.50 263.55 ENVIRONMENTAL SCIENTIST V 168.00 236.25 ENVIRONMENTAL SCIENTIST IV 147.00 185.00 ENVIRONMENTAL SCIENTIST III 126.00 169.05 ENVIRONMENTAL SCIENTIST II 88.20 150.15 ENVIRONMENTAL SCIENTIST 1 87.15 141.75 ARCHITECT VI 201.60 116.55 ARCHITECT V 182.70 222.60 ARCHITECT IV 147.00 182.70 ARCHITECT III 140.70 144.90 ARCHITECT II 113.40 136.50 ARCHITECT 1 97.65 132.30 PLANNER VI 213.15 124.95 PLANNER V 163.80 215.25 PLANNER IV 129.15 191.10 PLANNER III 117.60 166.95 PLANNER I 96.60 147.00 HYDROLOGIST V 184.80 222.60 HYDROLOGIST IV 144.90 184.28 HYDROLOGIST 111 133.35 147.26 HYDROLOGIST 11 121.80 136.50 GEOTECHNICAL ENGINEER VI 236.25 105.00 PUBLIC INVOLVEMENT COORDINATOR 134.40 126.00 WEB SERVICES ADMINISTRATOR 157.50 111.30 WORD PROCESSING/SECRETARIAL 80.85 99.75 OPERATIONS ANALYST 145.95 115.50 CONTRACT ADMINISTRATOR 92.40 106.05 INFORMATION SERVICES ADMINISTRATOR 79.80 196.35 INFORMATION SERVICES CLERK 111 63.00 158.55 INFORMATION SERVICES CLERK 11 58.80 136.50 INFORMATION SERVICES CLERK 1 57.75 168.00 CO-OP 70.35 142.80 114.45 95.55 73.50 144.90 131.25 108.15 96.60 72.45 Print Shop Color Copies & Printing $0.50 per single side copy $1.00 per double side copy Black & White Copies & Printing Binding $0.10 per single side copy $0.20 per double side copy $5.75 per book OTHER DIRECT EXPENSES: Other direct expenses are reimbursed at actual cost times a multiplier of 1.10. They include outside printing and reproduction expense, communication expense, travel, transportation and subsistence away from the FNI office and other miscellaneous expenses directly related to the work, including costs of laboratory analysis, test, and other work required to be done by independent persons other than staff members. 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