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HomeMy WebLinkAboutbocc.con.amended.076.2008S Rev. 06 -08 -11 jls COUNTY CLERK'S CONTRACT COVERSHEET a e gem - CONTRACT #: 076S -2008 W , / ORIGINATING DEPARTMENT: Airport PROCUREMENT OFFICER: David Ulane PHONE #: 970 - 429 -2858 PROJECT NAME: Airport Eningeering CONTRACTOR: Jviation, Inc. DOLLAR AMOUNT: $384,464.00 LINE ITEM # 404.69.94799.82000 CONTRACT EXECUTION DATE:6 /16/2011 CONTRACT END DATE: 4/30/2013 AUTOMATIC RENEWAL: DYES TERM: 17 ONO ❑ BOCC AGENDA ITEM (Grants, IGA) ZSTAFF AUTHORIZED SIGNATURE (Requires BOCC Signature) (Per Revised Procurement Code 7/2005) ® Over $50,000 (Requires Section Leader & County Manager's Signature) ✓ CHECK PROCUREMENT TYPE: g ❑None ®Informal ❑Formal ❑Sole Source Emergency ['State Bid 1:1 1� ❑Compliance with C.R.S. 8 -17 -5 -101, 102 as amended (Immigration Form) ✓ CHECK CONTRACT TYPE: ❑ Services/Maintenance ['Employment (for county employees) ❑ License/Use ❑Intergovernmental Agreement (Resolution Required) ❑Lease ❑Non -Profit ❑ Construction ['Quasi-Public ['Goods, Equipment, Supplies ❑Grant Agreements (Notify Finance & Resolution Required) ❑Other (e.g. revenue) Change Order /Contract Amendment All Contracts should be proofed for the following: ✓ ZNo Pages Missing ✓ ZAII Other Blanks Filled In ✓ Off Page Left Intentionally Blank — Note on Page ✓ EAR Exhibits Attached ✓ ❑Page numbered consecutively ✓ DAR Legal Descriptions attached (if applicable) ✓ ®A11 Original Signatures Affixed ✓ ❑Notice of Award/Notice to Proceed Attached (f applicab ✓ ®A11 Dates Filled In ✓ ['Warranty (if applicable) ✓ ['Special Instructions for Finance Department: ✓ ZAuthorized Procurement Officer's Name: David Ulane BY CHECKING ABOVE AND ENTERING NAME, THE AUTHORIZED STAFF PERSON INDICATES THAT THE ATTACHED DOCUMENT HAS BEEN PROOFED AND READY FOR SCANNING. NOTE: CLERK'S OFFICE WILL KEEP ORIGINAL DOCUMENTS IN COMPLIANCE WITH COLORADO STATE ARCHIVES RETAINAGE SCHEDULE. JVIATION® Jviation Project No. ASE LOC 11 -02 Pitkin County Task Order # p'1 bS- Ld) AMENDMENT NO. NINETEEN (19) TO CONTRACT DATED MAY 1, 2008 BETWEEN JVIATION, INC. AND PITKIN COUNTY BOARD OF COUNTY COMMISSIONERS PITKIN COUNTY, COLORADO The Sponsor and the Engineer (here after referred to as Engineer or Contractor interchangeably) agree to amend their contract for improvements to Pitkin County Airport, Colorado to include fees for engineering services. The improvement is included in the Scope of Work of the original contract. The items covered by this amendment are detailed as follows: This project will consist of overall management and coordination of various consultants with their efforts pertaining to the Master Plan Update \ Terminal Area Plan, Airport Noise Program, Greenhouse Gas Emissions and Climate mitigation programs to the airport on an ongoing basis. The Sponsor agrees to pay the Engineer for the services in the following manner: PART A - BASIC SERVICES Preliminary Program Management Lump Sum of $3,552.00 Program Management Lump sum of $197,462.00 Barnard Dunkelberg & Co. Lump sum of $44,000.00 TG Malloy, LLC Lump sum of $21,600 Mead and Hunt, Inc Lump sum of $80,100.00 Kaplan Kirsch & Rockwell LLP Lump sum of $37,750.00 TOTAL BASIC SERVICES Lump sum of $384,464.00 Method of payment shall be as follows: Interim payments up to 100 percent based on work performed by the Engineer and detailed in a report submitted to the Sponsor with the request for payment. t PART C — ASSURANCES I. CIVIL RIGHTS ACT OF 1964, TITLE VI — CONTRACTOR CONTRACTUAL REQUIREMENTS Reference: 49 CFR PART 21 During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "Engineer ") agrees as follows: • Compliance with Regulations. The Engineer shall comply with the Regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter, "DOT ") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. • Nondiscrimination. The Engineer, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Engineer shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. • Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by the Engineer for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Engineer of the Engineer's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. • Information and Reports. The Engineer shall provide all information and reports required by the Regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Sponsor or the Federal Aviation Administration (FAA) to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a Engineer is in the exclusive possession of another who fails or refuses to furnish this information, the Engineer shall so certify to the sponsor or the FAA, as appropriate, and shall set forth what efforts it has made to obtain the information. • Sanctions for Noncompliance. In the event of the Engineer's noncompliance with the nondiscrimination provisions of this contract, the sponsor shall impose such contract sanctions as it or the FAA may determine to be appropriate, including, but not limited to: a. Withholding of payments to the Engineer under the contract until the Engineer complies, and/or b. Cancellation, termination, or suspension of the contract, in whole or in part. • Incorporation of Provisions. The Engineer shall include the provisions of paragraphs one through five (Compliance with Regulations, Nondiscrimination, Solicitations for Subcontracts, Information and Reports, and Sanctions for Noncompliance) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The Engineer shall take such action with respect to any subcontract or procurement as the sponsor or the FAA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a Engineer becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Engineer may request the Sponsor to enter into such litigation to protect the interests of the sponsor and, in addition, the Engineer may request the United States to enter into such litigation to protect the interests of the United States. II. AIRPORT AND AIRWAY IMPROVEMENT ACT OF 1982, SECTION 520 - GENERAL CIVIL RIGHTS PROVISIONS Reference: Airport and Airway Improvement Act of 1982, Section 520; Title 49 47123;AC 150 /5100 -15, Para. 10.c. The Engineer assures that it will comply with pertinent statutes, Executive orders and such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision obligates the tenant/concessionaire /lessee or its transferee for the period during which Federal assistance is extended to the airport a program, except where Federal assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon. In these cases the provision obligates the party or any transferee for the longer of the following periods: (a) the period during which the property is used by the airport sponsor or any transferee for a purpose for which Federal assistance is extended, or for another purpose involving the provision of similar services or benefits or (b) the period during which the airport sponsor or any transferee retains ownership or possession of the property. In the case of Engineers, this provision binds the Engineers from the bid solicitation period through the completion of the contract. This provision is in addition to that required of Title VI of the Civil Rights Act of 1964. III. DISADVANTAGED BUSINESS ENTERPRISES Reference: 49 CFR Part 26 • Contract Assurance 026.13) - The Engineer or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Engineer shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts. Failure by the Engineer to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the recipient deems appropriate. 3 • Prompt Payment ( §26.29) - The prime Engineer agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than Fifteen (15) days from the receipt of each payment the prime Engineer receives from Sponsor. The prime Engineer agrees further to return retainage payments to each subcontractor within Fifteen (15) days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the Board. This clause applies to both DBE and non- DBE subcontractors. IV. LOBBYING AND INFLUENCING FEDERAL EMPLOYEES Reference: 49 CFR Part 20, Appendix A • No Federal appropriated funds shall be paid, by or on behalf of the Engineer, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant and the amendment or modification of any Federal grant. • If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal grant, the Engineer shall complete and submit Standard Form -LLL, "Disclosure of Lobby Activities," in accordance with its instructions. V. ACCESS TO RECORDS AND REPORTS Reference: 49 CFR Part 18.36(i); FAA Order 5100.38 The Engineer shall maintain an acceptable cost accounting system. The Engineer agrees to provide the Sponsor, the Federal Aviation Administration and the Comptroller General of the United States or any of their duly authorized representatives access to any books, documents, papers, and records of the Engineer which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions. The Engineer agrees to maintain all books, records and reports required under this contract for a period of not less than three years after final payment is made and all pending matters are closed. VI. BREACH OF CONTRACT TERMS Reference: 49 CFR Part 18.36 Any violation or breach of terms of this contract on the part of the Engineer or their subcontractors may result in the suspension or termination of this contract or such other action that may be necessary to enforce the rights of the parties of this agreement. The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. VII. RIGHTS TO INVENTIONS Reference: 49 CFR Part 18.36(i)(8); FAA Order 5100.38 All rights to inventions and materials generated under this contract are subject to regulations issued by the FAA and the Sponsor of the Federal grant under which this contract is executed. VIII. TRADE RESTRICTION CLAUSE Reference: 49 CFR Part 30.13; FAA Order 5100.38 The Engineer or subcontractor, by submission of an offer and/or execution of a contract, certifies that it: a. is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms published by the Office of the United States Trade Representative (USTR); b. has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country on said list, or is owned or controlled directly or indirectly by one or more citizens or nationals of a foreign country on said list; c. has not procured any product nor subcontracted for the supply of any product for use on the project that is produced in a foreign country on said list. Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to a Engineer or subcontractor who is unable to certify to the above. If the Engineer knowingly procures or subcontracts for the supply of any product or service of a foreign country on said list for use on the project, the Federal Aviation Administration may direct through the Sponsor cancellation of the contract at no cost to the Government. Further, the Engineer agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in each contract and in all lower tier subcontracts. The Engineer may rely on the certification of a prospective subcontractor unless it has knowledge that the certification is erroneous. The Engineer shall provide immediate written notice to the sponsor if the Engineer learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The subcontractor agrees to provide written notice to the Engineer if at any time it learns that its certification was erroneous by reason of changed circumstances. This certification is a material representation of fact upon which reliance was placed when making the award. If it is later determined that the Engineer or subcontractor knowingly rendered an 5 erroneous certification, the Federal Aviation Administration may direct through the Sponsor cancellation of the contract or subcontract for default at no cost to the Government. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of an Engineer is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section 1001. IX. TERMINATION OF CONTRACT Reference: 49 CFR Part 18.36(i)(2); FAA Order 5100.38 • The Sponsor may, by written notice, terminate this contract in whole or in part at any time, either for the Sponsor's convenience or because of failure to fulfill the contract obligations. Upon receipt of such notice services shall be immediately discontinued (unless the notice directs otherwise) and all materials as may have been accumulated in performing this contract, whether completed or in progress, delivered to the Sponsor. • If the termination is for the convenience of the Sponsor, an equitable adjustment in the contract price shall be made, but no amount shall be allowed for anticipated profit on unperformed services. • If the termination is due to failure to fulfill the Engineer's obligations, the Sponsor may take over the work and prosecute the same to completion by contract or otherwise. In such case, the Engineer shall be liable to the Sponsor for any additional cost occasioned to the Sponsor thereby. • If, after notice of termination for failure to fulfill contract obligations, it is determined that the Engineer had not so failed, the termination shall be deemed to have been effected for the convenience of the Sponsor. In such event, adjustment in the contract price shall be made as provided in paragraph 2 of this clause. • The rights and remedies of the sponsor provided in this clause are in addition to any other rights and remedies provided by law or under this contract. X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION Reference: 49 CFR Part 29; FAA Order 5100.38 The bidder /offeror certifies, by submission of this proposal or acceptance of this contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. It further agrees by submitting this proposal that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Where the bidder /offeror/Engineer or any lower tier participant is unable to certify to this statement, it shall attach an explanation to this solicitation/proposal. All other terms and conditions of the original contract shall remain in effect. IN WITNESS WHEREOF, the parties hereto have affixed their signatures this I (9 day o f TVaE , 2011. SPONSOR: PITKIN COUNTY COLORADO By David Ulane, A.A.E. Assistant Director of Aviation By Jon 'eacock County Manager ENGINEER: Jviation, Inc. By < 11' J!D. Ingr. Prin ' . • 1 Aspen - Pitkn County Airport April 19, 2010 2011 Program Management ASE LOC -11 -02 SCOPE OF WORK FOR ASPEN- PITKIN COUNTY AIRPORT Aspen, Colorado Program Management for 2011 ASE LOC -11 -02 This project will consist of overall management and coordination of various consultants with their efforts pertaining to the Master Plan Update \ Terminal Area Plan, Airport Noise Program, Greenhouse Gas Emissions and Climate mitigation programs to the airport on an ongoing basis. DESCRIPTION: SCOPE OF WORK: The Aspen - Pitkin County Airport has contracted with multiple consultants in order to meet various goals of the airport for future needs. These programs are intended to study the existing conditions of the airport and identify areas where improvements can be made to meet both the future needs of the airport and the surrounding communities. These efforts are being conducted simultaneously to ensure that Findings and recommendations in one project can be included in the documentation of the other projects. The goal is to provide a uniform approach to the future improvements and overall needs of the airport and the surrounding communities. The program management role in this effort will be to make sure coordination is taking place with all the various consultants to meet the schedule for completion of the work. As such, the program manager will work with each consultant to ensure that work is progressing and that they have enough support to complete their task. Finally, the program manager will be responsible for ensuring the finished product of each task meets the intent of its scope. To support the Program Management effort, the following tasks are necessary. 1.0 Preliminary Program Management 1.1 Prepare Project Scope of Work and Contract. This task includes establishing the scope of work through review and meetings with the Sponsor. This also includes drafting the contract for the work to be completed by the Engineer for the Sponsor. 2.0 Program Management 2.1 Task Coordination. This task will include coordinating individual contract efforts for various consulting firms involved with the Master Plan Update \ Terminal Area Plan, Airport Noise Program, Greenhouse Gas Emissions and Emissions mitigation programs. It is anticipated that the Program Manager or approved designated representative will dedicate approximately 15 hours per week starting January 1, 2011 to manage various consultants efforts to complete each task. In addition, support staff for reproduction, exhibit work, and other miscellaneous tasks will be required. It is estimated that this task will require 40 hours per month. The various items involved in completing this work are listed below. 2.1a — Ongoing communication with various consulting firms to track the status of the projects to ensure each project is progressing in a satisfactory manner to meet any schedules and to identify potential areas of concern and work with the consultant to resolve such concerns. 1 af3 ASE LOC -11 -02 Jviatioq Inc. Rev. No. 6 Aspen- Pitlun County Airport April 19, 2010 2011 Program Management ASE LOC -11-02 2.1b — Communications facilitator between the consulting firms and the airport staff, tracking action items, results, etc. as relayed by the various consultants, to include dissemination of information as requested amongst team members. 2.1c — Compiling a monthly summary of the progress made on each project assigned to various consulting firms and identifying any outstanding issues regarding the projects. This will include a sit down meeting with the Airport Director at ASE or other site as requested. 2.1d — Preparation of any project updates as requested by the FAA, BOCC, or other entities. 2.2 Progress Meetings. Monthly meetings will be held at locations agreed upon by the Airport, Program Manager, and other consulting teams to discuss progress and results of various projects as well as to identify action items required to keep each project moving forward. These meetings will also provide a forum where any findings or results relating to various projects can be dispensed for inclusion with other projects to ensure uniformity and non - duplication of effort. It is anticipated that there will be 18 separate meetings beginning in January 2011, one (1) each month throughout the year plus six (6) additional meeting. It is expected that six (6) of these meetings will be held in Denver, CO, five (5) will be held in Aspen, CO, and 1 one be held in Minneapolis, MN. In addition, the Program Manager will attend any other meetings relating to the various projects as requested by the Airport or any of the consulting firms. These could include meetings with airlines, airport tenants, RFTA, BMD, or other entities as required. The Program Manager's tasks during the monthly progress meetings are listed below. 2.2a — Producing a meeting agenda for each progress meeting. 2.2b — Updating a schedule of progress for each meeting, including proposed finish dates for each consultant project. 2.2c — Preparation of meeting minutes for each meeting that summarize each meeting discussion and state action items that were discussed in each meeting. Each progress meeting will be provided meeting minutes from the previous meeting to discuss whether action items have been addressed. Progress Meetings — Consultant Team Meetings (CTM). In addition to time spent by the prime consultant, additional technical experts representing the various efforts ongoing at the airport, have been requested to attend the monthly progress meetings with county staff and the prime consultant. 2.3 Barnard Dunkelberg & Company (CTM). Barnard Dunkelberg & Company will have two staff members that will be required to travel to and from Denver, CO or Aspen, CO for day and a half meetings on eight (8) separate occasions. There will also be 1 day and a half meeting held in Minneapolis, MN for which two of these individuals will be required to travel to and from. This firm provides Environmental Assessment Support, Airport Noise Program services, Greenhouse Gas Emissions inventories, and Climate mitigation programs to the airport on an ongoing basis. The duration of this task shall be for 12 months beginning January 1, 2011 and ending December 31, 2011. 2.4 TG Malloy Consulting (CTM). TG Malloy Consulting will be required to travel to and from Denver, CO or Aspen, CO for day and a half meetings on 11 separate occasions and travel to and from Minneapolis, MN for 1 day and a half meeting. The duration of this task shall be for 12 months beginning January 1, 2011 and ending December 31, 2011. 2.5 Mead and Hunt, Inc. (CTM). Mead and Hunt, Inc. will be required to travel to and from Denver, CO or Aspen, CO for day and a half meetings on 11 separate occasions and to participate in a day and a half meeting in Minneapolis, MN. This firm is the prime consultant for the airport master plan update. The Z of 3 ASE LOC -11 -02 Jviation, Inc Rev. No. 6 Aspen- Pitkin County Airport April 19, 2010 2011 Program Management ASE LOC -11 -02 duration of this task shall be for 12 months beginning January 1, 2011 and ending December 31, 2011. 2.1b — Miscellaneous task support in support of ongoing efforts at the airport as requested. Examples that have been accomplished include: technical exhibits to maintain airfield certification manuals not covered under alternate scopes, evaluation of contractor proposals for miscellaneous services such as cellular service provider revisions, technical exhibits for minor contracting efforts performed by the airport such as airfield marking requests for proposals. 2.6 Kaplan Kirsch & Rockwell LLP (CTM). Kaplan Kirsch & Rockwell LLP will be required to travel to and from Denver, CO or Aspen, CO for day and a half meetings on 11 separate occasions and to participate in a day and a half meeting in Minneapolis, MN. This firm provides legal counsel and will be assisting in the Exhibit "A" property map legal review. The duration of this task shall be for 12 months beginning January 1, 2011 and ending December 31, 2011. 2.7 Public Meetings. There will be several public meetings involved with the different projects for which each consultant is contracted. Each consultant will produce agendas and presentations and for the specific meeting. It is expected that there will be 6 public meetings during 2010. The Program Manager will provide support for these meetings as described below. 2.7a — Providing historical information, as requested, such as drawing files, previous study results, or other items relating to the Airport. 2.7b — Providing review and comments on presentations and other material related to the public meeting. 2.7c — Attending public meetings as required. 2.8 Exhibit "A" Property Map - Information Review and Revision Coordination. This task will include coordinating individual contract efforts for sub - consultant firms involved with research of the Aspen - Pitkin County Airport Exhibit "A" property map that is being completed by Mead & Hunt. It is anticipated that the Program Manager or designated representative will dedicate approximately 50 hours to this task. The various items involved in completing this work are listed below. These task items will be accomplished primarily by sub consultants with assistance, coordination and support from Jviation. 2.9 Exhibit "A" Property Map - Preliminary Assessment. A preliminary assessment of the Aspen - Pitkin County Airport Exhibit "A" property map will be conducted. The purpose of this review is to determine whether the information on the current, approved Exhibit "A" property map is accurate and contains all of the information required by the FAA. 2.10 Exhibit "A" Property Map - Information Review. This review will include meeting with an airport representative, a review of records in Pitkin County Administration, records at the Airport, and at the Clerk and Recorders Office. Compiled information will include appropriate resolutions and other documents to clarify changes at the Airport and in the surrounding area that might affect the airport property map. 2.11 Exhibit "A" Property Map - Information Summary. The Project deliverable will be a summary of the information verification and recommendations on any necessary changes to the Aspen - Pitkin County Airport Exhibit "A" property map and any additional actions to update the current Exhibit "A" (e.g., comprehensive title search, etc.). I � 3 o 3 ASE I.00 -11 -02 Jviation, Inc. Rev. No. 6 2 .. ' . , / 88888 } f ( , \ \\ 1! w a y 1 " 1 ` 1 tgi ! / ! ! . | | .... .. .. , Z ; § § i La \ '7. ) P. ^ t. rj !! •• , ._ -- 1111 1; =,| !|% , . • }|,, l 11 . • \ \ \ ° e' " ; 1 }I // ° \} . ce 2 /\ /) sg se MI OD / ° \} / o } /} / g » 8 .3 5 ! , - !, .. _ . . \ A' g. . "'" ! '4 • g ! e ,! • ! 2 .! \w \/ \ \ z , - s . , ., } ` ° 3 2 AA ' "i ! ! }[ °2 }I( ! 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