HomeMy WebLinkAboutAHBL - Land Use Planning Services for ADUs PSAPROFESSIONAL SERVICES AGREEMENT
AHBL, INC.
THIS AGREEMENT is made and entered into between the City of Pasco, a Washington
Municipal Corporation, hereinafter referred to as "City," and AHBL, Inc., hereinafter referred to
as "Consultant," on the 114 day of m,a-g , 2022.
RECITALS
WHEREAS, the City desires to have certain services and/or tasks performed as set forth
below requiring specialized skills, training, equipment, and other supportive capabilities; and
WHEREAS, the Consultant represents that it is qualified and possesses sufficient skills,
experience, equipment, and necessary capabilities, including technical and professional expertise,
when required, to perform the services and/or tasks as set forth in this Agreement upon which the
City is relying.
NOW, THEREFORE, in consideration of the mutual covenants, and performances
contained herein, the parties agree as follows:
1. Scope of Services. The Consultant shall perform such services and accomplish such tasks,
including the furnishing of all labor, materials, facilities, and equipment necessary for full
performance thereof, as identified and designated as Consultant's Responsibilities
throughout this Agreement, and as more particularly described in Scope of Work detailed
in Exhibit A, attached hereto and incorporated herein (the "Project").
2. Term. This Project shall begin on the execution date listed above and promptly be
completed by July 15, 2022.
3. Compensation and Payment.
3.1 Payment for services provided hereunder shall be made following the performance
of such services. Such payment shall be full compensation for work performed or
services rendered, and for all labor, materials, supplies, equipment, and incidentals
necessary to complete the Project.
3.2 No payment shall be made for any services rendered by the Consultant except for
services identified and set forth in this Agreement except as may be authorized by
a written supplemental agreement approved by the City.
3.3 The City shall pay the Consultant for work performed under this Agreement upon
timely submitted invoices detailing work performed and expenses for which
reimbursement is sought. The City shall approve all invoices before payment is
issued. Payment shall occur within thirty (30) days of receipt and approval of an
invoice.
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® The City shall pay the Consultant for all work performed and expenses incurred
under this Agreement, as follows.
El Hourly (Single Rate).- $ per hour plus actual expenses incurred
as provided under this Agreement, but not to exceed a total of
$ without prior written authorization by the City; or
El Hourly (Multiple Rate): Such rates as identified on [Exhibit No./Letter],
plus actual expenses incurred as provided under this Agreement, but not to
exceed a total of without the prior written authorization by
the City; or
Fixed Sum: A total of $ 12,855
El Other:
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® The Consultant at such times and in such forms as the City may require, shall
furnish to the City such statements, records, studies, surveys, reports, data, and
information as the City may request pertaining to matters covered by this
Agreement.
4.2 The Consultant shall, at any time during normal business hours and as often as the
City or the Washington State Auditor may reasonably deem necessary, make
available for examination all of its records and data with respect to all matters
covered, directly or indirectly, by this Agreement and shall permit the City, or its
designated authorized representative to audit and inspect other data relating to all
matters covered by this Agreement. The City shall receive a copy of all audit
reports made by the agency or firm as to the Consultant's activities. The City may,
at its discretion, conduct an audit at its expense, using its own or outside auditors,
of the Consultant's activities which relate, directly or indirectly, to this Agreement.
Consultant shall be provided a copy of such reports.
4.3 The Consultant, during the term of this Agreement, shall obtain all permits and
registration documents necessary for the performance of its work and for the
execution of services at its own expense, and shall maintain its validity. Upon
request, the Consultant shall deliver to the City copies of these licenses, registration
documents, and permits or proof of their issuance or renewal.
4.4 Consultant shall maintain books, records, and documents, which sufficiently and
properly reflect all direct and indirect costs related to the performance of this
Agreement, and shall maintain such accounting procedures and practices as may be
necessary to assure proper accounting of all funds paid pursuant to this Agreement.
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These records shall be subject, at all reasonable times, to inspection, review, or
audit as provided above.
4.5 The Consultant shall retain all books, records, documents, or other material relevant
to this Agreement for three (3) years after its expiration. Consultant agrees that the
City, or its designee, shall have full access and right to examine any of said
materials at all reasonable times during this period.
5.1 All research, tests, surveys, preliminary data, information, drawings, and
documents made, collected, or prepared by the Consultant for performing the
services subject to this Agreement, as well as any final product, collectively
referred to as "work product," shall be deemed as the exclusive property of the City,
including copyright as secured thereon. Consultant may not use them exc ept in
connection with the performance of the services under this Agreement or with the
prior written consent of the City. Any prior copyrighted materials owned by the
Consultant and utilized in the performance of the services under this Agreement, or
embedded in with the materials, products and services provided thereunder, shall
remain the property of the Consultant subject to a license granted to the City for
their continued use of the products and services provided under this Agreement.
Any work product used by the Consultant in the performance of these services
which it deems as "confidential," "proprietary," or a "trade secret" shall be
conspicuously designated as such.
5.2 In the event of Consultant's default, or in the event that this Agreement is
terminated prior to its completion, the work product of the Consultant, along with
a summary of the services performed to date of default or termination, shall become
the property of the City, and tender of the work product and summary shall be a
prerequisite to final payment under this Agreement. The summary of services
provided shall be prepared at no additional cost if the Agreement is terminated
through default by the Consultant. If the Agreement is terminated through
convenience by the City, the City agrees to pay Consultant for the preparation of
the summary of services provided.
6. Public Records.
6.1 Consultant acknowledges that the City is an agency subject to Chapter 42.56 RCW
"Public Records Act." All preliminary drafts or notes prepared or gathered by the
Consultant, and recommendations of the Consultant are exempt prior to the
acceptance by the City or public citation by the City in connection with City action.
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6.2 If the Consultant becomes a custodian of public records of the City and request for
such records is received by the City, the Consultant shall respond to the request by
the City for such records within five (5) business days by either providing the
records, or by identifying in writing the additional time necessary to provide the
records with a description of the reasons why additional time is needed. Such
additional time shall not exceed twenty (20) business days unless extraordinary
good cause is shown.
6.3 In the event the City receives a public records request for protected work product
of the Consultant within its possession, the City shall, prior to the release of any
protected work product or as a result of a public records request or subpoena,
provide Consultant at least ten (10) business days prior written notice of the pending
release and to reasonably cooperate with any legal action which may be initiated
by the Consultant to enjoin or otherwise prevent such release.
7.1 The parties intend that an independent contractor relationship is created by this
Agreement. The City is interested primarily in the results to be achieved; subject
to the scope of services and the specific requirements of this Agreement, the
implementation of services will lie solely with the discretion of the Consultant. No
agent, employee, officer, or representative of the Consultant shall be deemed to be
an employee, agent, officer, or representative of the City for any purpose, and the
employees of the Consultant are not entitled to any of the benefits or privileges the
City provides for its employees. The Consultant will be solely and entirely
responsible for its acts and for the acts of its agents, employees, officers,
subcontractors, or representatives during the performance of this Agreement.
7.2 In the performance of the services provided in this Agreement, Consultant is an
independent contractor with full authority to control a
"' # e work, however, the results of the work contemplated herein must
meet the approval of the City and shall be subject to the City's general rights of
inspection and review to secure the satisfactory completion thereof.
7.3 The Consultant shall comply with all State and Federal laws including, but not
limIted to:
7.3.1 The definition requirements of RCW 50.04.140 (Employment Security).
7.3.2 RCW 51.08.195 (Industrial Insurance).
Obtain a City of Pasco business licensl
7.4 The City may, at its sole discretion, require the Consultant to remove any employee,
agent, or servant from employment on this Project who, in the City's sole
discretion, may be detrimental to the City's interest.
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8. Indemniffication.
The Consultant shall defend, indemnify, and hold harmless the City, its officers,
officials, employees, and volunteers harmless from any and all claims, injuries,
damages, losses, or suits including attorney fees, arising out of or resulting from
the negligent acts, errors, or omissions of the Consultant in performance of this
Agreement, except for injuries and damages caused by the sole negligence of the
City.
9.2 However, should a court of competent jurisdiction determine that this Agreement
is subject to RCW 4.24.115, then, in the event of liability for damages arising out
of such services, or out of bodily injury to persons or damages to property caused
by or resulting from the concurrent negligence of the Consultant, and the City, its
officers, officials, employees, and volunteers, the Consultant's liability, including
the duty and cost to defend, hereunder shall be only to the extent of the Consultant's
neligence. It is further specifically and expressly understood that the
g
indemnificItion provided herein constitutes the Consultant's waiver of immunity
under Industrial Insurance, Title 51 RCW, solely for purposes of this
indemnification. This waiver has been mutually negotiated by the parties. The
provisions of this section shall survive the expiration or termination of this
Agreement.
8.3 No liability shall attach to the City by reason of entering into this Agreement except
as expressly provided herein.
8.4 This indemnification shall include damages, penalties and attorney fees sustained
as a result of Consultant's delayed or failed performance of Section 6 above.
9. Insurance. The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise
from or in connection with the performance of the work hereunder by the Consultant, its
agents, representatives, employees, or subcontractors. The Consultant's maintenance of
insurance as required by the Agreement shall not be construed to limit the liability of the
Consultant to the coverage provided by such insurance, or otherwise limit the City's
recourse to any remedy available at law or in equity.
9.1 Mimmum Scope of Insurance. Consultant shall obtain insurance of the types and
coverage described below:
Automobile Liability insurance covering all owned, non -owned, hired, and
leased vehicles. Coverage shall be at least as broad as Insurance Services
Office (ISO) form CA 00 01.
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9.1.2 Commercial General Liaty insurance shall be at least as broad as ISO
occurrence form CG 00 01 and shall cover liaty arising from premises,
operations, stop -gap independent contractors and personal injury and
advertising injury. The City shall be named as an additional insured under
the Consultant's Commercial General Liability insurance policy with
respect to the work performed for the City using an additional insured
endorsement at least as broad as ISO endorsement form CG 20 26.
9.1.3 Workers' Compensation coverage as required by the Industrial Insurance
laws of the State of Washington.
9.1.4 Professional Liability insurance appropriate to the Consultant's profession.
9.2 Minimum Amounts of Insurance.. Consultant shall maintain the following
insurance limi
9.2.1 Automobile Liability insurance with a minimum combined single limit for
bodily injury and property damage of $ 1,000,000 per accident.
9. 2.2 Commercial General Liability insurance shall be written with limits no less
than:
X $2,000,000 each occurrence; and
0 $2,000,000 general aggregate;
Professional Liability insurance shall be written with limits no less than:
7X $2,000,000 per claim; and
E $2,000,000 policy aggregate limit;
1.3 Other Insurance Provision. The Consultant's Automobile Liability and
Commercial General Liability insurance policies are to contain or be endorsed to
contIin that they shall be primary insurance as respect the City. Any insurance, self-
insurance, or self-insured pool coverage maintained by the City shall be excess of
the Consultant's insurance and shall not contribute with it.
9.3.1 The Consultant's insurance shall be endorsed to state that coverage shall not
be cancelled by either party, except after thirty (30) days prior written notice
by certified mail, return receipt requested, has been given to the City.
9.4 Acceptabi,fity, of Insurers. Insurance is to be placed with insurers with a current
A.M. Best rating of not less than A: VII.
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5.5 Verification of Coverage. Consultant shall furnish the City with original
certificates and a copy of the amendatory endorsements, including, but nol
necessarily limited to, the additional insured endorsement, evidencing the insurance
requirements of the Agreement before commencement of the work.
9.6 Notice of Cancellation. The Consultant shall provide the City with written notice
of any policy cancellation within two (2) business days of their receipt of such
notice.
9.7 City, Full Availaof Consultant Limits.. If the Consultant maintains higher
insurance limits than the minimums shown above, the City shall be insured for the
full available limits of Commercial General and Excess or Umbrella liability
maintained by the Consultant, irrespective of whether such limits maintained by the
Consultant are greater than those required by this +,. or whether any
certificate of insurance fumished to the City evidences limits of liability lower than
those maintained by the Consultant.
4'
Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the
insurance as required shall constitute a material breach of contract, upon which the
City may, after givingfive (5) business days' notice to the Consultant to correct the
breach, immediately terminate the Agreement or, at its discretion, procure or renew
such insurance and pay any and all premiums in connection therewith, with any
sums so expended to be repaid to the City on demand, or at the sole discretion of
the City, offset against funds due the Consultant from the City.
10. NondiscHmination. In the performance of this Agreement, the Consultant will not
discriminate against any employee or applicant for employment on the grounds of race,
creed, color, national orn, sex,, marital status, age, or the presence of any sensory, mental,
or physical handicap; provided that the prohibition against discrimination in employment
because of handicap shall not apply if the particular disability prevents the proper
performance of the particular worker involved. The Consultant shall ensure that applicants
are employed, and that employees are treated during employment in the performance of
this Agreement without discrimination because of their race, creed, color, national origin,
sex, marital status, age, or the presence of any sensory, mental, or physical handicap.
Consultant shall take such action with respect to this Agreement as may be required to
ensure full compliance with local, State and Federal laws prohibiting discrimination in
employment.
r"I If"
Covenant Aeainst Contingent Fees. i ne t-,onsultant warrants that it has not employed
nor retained any company, firm, or person, other than a bona fide employee working
exclusively for the Consultant, to solicit or secure this A reement; and that it has not paid
9
or agreed to pay any company, person or firm, other than a bona fide employee working
exclusively for the Consultant, any fee, commission, percentage, brokerage fee, gift, or
other consideration contingent upon or resulting from the award or making of this
Agreement. For breach or violation of this warranty, the City shall have the right to
terminate this Agreement.
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A 0
120 Anignment and Subcontract'
12.1 The City has awarded this Areemee
nt to th
gConsultant due to its unique
qualifications to perform these services. The Consultant shall not assign (or
subcontract other than as specifically identified in Exhibit A) its performance under
this Agreement or any portions of this Agreement without the prior written consent
of the City, which consent must be sought at least thirty (30) days prior to the date
of any proposed assignment.
12.2 Any work or services assigned or subcontracted hereunder shall be subject to each
provision of this Agreement including Section 6, Public Records; Section 10,
Nondiscrimination; proper bidding procedures where applicable; and all local, State
and Federal statutes,, ordinances, and guidelines.
12.3 Any technical or professional service subcontract not listed in this Agreement, must
have prior written approval by the City.
13. Termi'nation,
13.1 Termination for Convenience. Either party may terminate this Agreement for any
reason upon giving the other party no less than ten (10) business days written notice
in advance of the effective date of such termination.
13.2 Termination for Cause. If the Consultant fails to perform in the manner called for
in this Agreement, or if the Consultant fails to comply with any other provisions of
this Agreement and fails to correct such noncompliance within five (5) business
days of written notice thereof, the City may terminate this Agreement for cause.
Termination shall be effected by serving a notice of termination on the Consultant
setting forth the manner in which the Consultant is in default. The Consultant will
only be paid for services and expenses complying with the terms of this Agreement,
incurred prior to termination.
14. General Provisi*ons.
14.1 For the purpose of this Agreement, time is of the essencl
14.2 Notice,. Notice provided for in this Agreement shall be sent by:
14.2.1 Personal service upon the Pro ect Administrators; or
j
14.2.2 Certified mail to the physical address of the parties, or by electronic
transmission to the e-mail addresses designated for the parties below.
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14.3 The Project Administrator for the purpose of this Agreement shall be:
®. For the City.- Rick White, or his/her designee
Director, Community & Economic Development
525 North 3 rd Avenue
Pasco, WA 99301
(509) 545-3441
14.3.2 For the Consultant: Nicole Stickney, AICP, or his/her designee
Project Manager / Senior Land Use Planner
5804 Road 907 Suite H
Pasco, WA 99301
(509) 380-5883
nstickneyC&,ahbl.com
III I L111a
15.1 This Agreement has been and shall be construed as having been made and entered
into and delivered within the State of Washington and it is agreed by each party
hereto that this Agreement shall be governed by the laws of the State of
Washington.
15.2 In the event of a dispute regarding the enforcement, breach, default, or
interpretation of this Agreement, the Project Administrators, or their designees,
shall first meet in a good faith effort to resolve such dispute. In the event the dispute
cannot be resolved by agreement of the parties, said dispute shall be resolved by
arbitration pursuant to RCW 7.04A, as amended, with both parties waiving the right
of a jury trial upon trial de novo, with venue placed in Pasco, Franklin County,
Washington. The substantially prevailing party shall be entitled to its reasonable
attorney fees and costs as additional award and judgment against the other.
16. Nonwaiver. Waiver by the City of any provision of this Agreement or any time limitation
provided for in this Agreement shall not constitute a waiver of any other similar event or
other provision of this Agreement.
17. Integradon. This Agreement between the parties consists in its entirety of this document
and any exhibits, schedules, or attachments. Any mocation of this Agreement or change
order affecting this Agreement shall be in writing and signed by both parties.
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--
USER GUIDE ADUs Page 9 of 10
18. Authorization. By signature below, each party warrants that they are authorized and
empowered to execute this Agreement binding the City and the Consultant respectively.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the
date first written above.
CITY OF PA O, WASHINGTON
Dave Zabel], City Manager (> $50,000)
Department Director (< $50,000)
ATTEST:
Debra C. Barham, City Clerk
APPROVED AS TO FORM:
Ken er on L ity Attorney
CONSULTANT
uc.. March 8, 2022
AHB , Inc.
Wayne E. Carlson, Principal
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INF02022-007 — USER GUIDE ADUs Page 10 of 10
r
Gonzalez,March 8, 2022
Jacob B. l i r
City
Community iDevelopment
525 North 3rd Avenue
Pasco, WA 99301
Project: City of Pasco ADU User Guide, AHBL No. 2220031.30
Subject: Proposal for Land Use Planning Services
Dear Mr. Gonzalez:
Thank you for the opportunity to submit this proposal for land use planning services for the City
EFvi-_
of Pasco ADU User wide project.
We understand that you would like a firm to produce a user-friendly guide that can be used to
help Pasco residents better understand the options for Accessory Dwelling Units (ADUs). The
City Council recently adopted Ordinance 4575 amending Title 25 ("Zoning"), which increases
the residential densities across all residential zoning districts by allowing both attached and
detached ADUs, provided the property meets the size requirements.
The ADU User Guide will communicate these options through the use of visual diagrams to
convey the standards in the City of Pasco Municipal Code (PMC). The objective is to
emphasize the visual exhibits and minimize the amount of text. The User Guide will focus on
examples that adhere to the City's ADU standards, rather than examples that do not. The User
Guide will also incorporate information on the permitting process of ADUs. It will help property
owners more easily establish ADUs on their property, which serves to implement the Housing
Element of the City of Pasco's Comprehensive Plan. The User wide will be produced in
English and Spanish.
Our scope of services is listed below.
Project Initiation and Management — Task 31
This task involves the necessary steps to develop an outline of the ADU User Guide.
1.Project Kickoff Meeting and Schedule; Project kickoff meeting with City staff and two
members of AHBL staff to develop a project schedule and confirm the project objectives.
2. Review Pasco City Code: AHBL staff will review the City's newly adopted Ordinance
4575 amending Title 25 for the best way of communicating the standards to
ad 90
homeowners and designers. °
Suite
Pasco, WA 99301
509.380.5883
w rt a ti I v
Jacob B. Gonzalez,Planning n r
March 8, 2022
2220031.30
�
Page 2 of 4
r
. Literature Review: AHBL staff willI I relevant existing resources and City
Information wilinclude, t is notlito.-
Existing ADU guides fromt ii .
Photos of ADUs that showcase the desiredfeatures.
This information t precedent images and developing
the annotatedi ich will ultimatelyi i .
. Annotated Outline: AHBL staffit prepare a one- toutline
Guide, the City'sstandards i i
municipalities. The outline i in Microsoftr r t to allowedits
between AHBL and City
Task 31 Deliverables
Preparation it r t schedule.
Annotated i in Microsoftr format to Ilow City staff to make comments
r edits using"track function.
Examplest the finished
language and a range of rendering
Task 31 Meetings
One project i ing with Citystaff.
check-inOne i to review tlrGuide
Draft r Guide
This task involves preparing raft ADU User Guide, iI all related ,
and narrative 1 tl .
. 50% Complete User Guide: A 50% complete draftr Guide in Microsoft
format will be shared withi taff to show the progress of the User Guide. This
iteration is expected to include t, but may incorporate early graphCity staff
will be able to make commentsi i .
.Guide: A 90% complete draft ADU User Guidein Microsoftr
format will be sharedi it the progressthe User Guide. This
iteration is expected to include text and graphics,the contenti t be in the final
InDesign format. City staff will be ablei itracked
Task 32 Deliverables
50% complete draft ADU User Guide in Microsoft Wordll istaff
editsto make comments or igraphics
90% complete draft ADU User Guide in Microsofti
commentsits using trackedt r i °, no layout).
Jacob B. Gonzalez, I i
ig
March E t 2022
2220031. 30
Page 3 of 4{
x
h
� e
Task 32 Meetings
• One meeting between AHBL and City staff to review the 50% draft ADU User
Guide.
One additional ti tween AHBL and City staff to reviewt % draft ADU
User ui
r r in r Guide — Task 33
This involves preparingthe finalr Guide,i l i ll related diagrams
and narrativei i .
. Mockup Branding/Layouts-will provide the Cityit r r
the updated plan. Theu ill depict the appearancetables, document
colors, and the use ofi icons.
. Layout and GraphicsProduction: t ill finalize t template based on the
approvedign. The preparation of infographics and 3D models will be
included it i this task. For the purposef this the graphicsr this
item may be preparedconcurrent with the contentprepared r Task 2 so that City
staffreview r graphics.
. Final ADU User ide: AHBL will incorporate changes/f received t %
draft User Guide preparedr Task 2 into the final User Guide document. The final
User Guide i t be laidt using Adobe InDesign and include i t r graphics,
any necessary I. AHBL willli r the final User Guide to Cityt in multiple
formats, i i file, native i l as one
additional online format it for reading idevice, if desired.
AssumptionsTask 33
City i I be responsibler printing, publication,i ri uti f the final
document.
Task 33 Deliverables
Three mockup brand i ng/layouts of ADU User Guide.
tables, and infographics forinclusion in finalC Guide.
Final r the ADU User Guide in EnglishSpanish.
Electronic it final ADU User Guidei i versions):
0 Adobe PDF file.
0 Adobe InDesign files.
0 One additional i itable for reading on a mobiledevice.
HfB L
Jacob onz 1 Planning n r��
March 8, 2022
Mf
2220031.30Page
4 of 4
s
�r
Billing Summary
Items Des+crip►tion 'Task No. Amount
Items r j t Initiation and Managemen -31 $3,915
Items 5-6 Draft ADU User Guide- 4 560
Items 7-9 PrepareFinal ADU User Guide T-33 5,380
Total $129855
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You may t want us to providethe services listed these
services and the number of hours with you and make adjustments, necessary.
Some f the tasks listed areinfluenced t r outside r control. Based on our
experience, i the number of hoursrequired to complete these tasks. During
the course of the project, if it is determinedthat more hoursr required t f
these tasks due to circumstancesoutside r control, we willof immediately. We wit
performnot itional work until we have your written authorization. The task numbersthe
invoice ill correlate withi
If you find thisproposal acceptable, pleaser r standard contract. Our receipt
signedtr t or your written authorization will be our notificationto proceed.
If you have any questions,l
Sincerely,
Nicole
.
Project it Land Use Planner
C Wayne Carlson, AHBLAccounting
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