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HomeMy WebLinkAbout20201937.tiffRESOLUTION RE: APPROVE AGREEMENT FOR PROFESSIONAL SERVICES FOR AMBIENT AIR AND METEOROLOGICAL MONITORING STATION INSTALLATION SERVICES AND AUTHORIZE CHAIR TO SIGN - RAMBOLL US CORPORATION WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an Agreement for Professional Services for Ambient Air and Meteorological Monitoring Station Installation Services between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Ramboll US Corporation, commencing upon full execution of signatures, and ending December 31, 2020, with further terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Agreement for Professional Services for Ambient Air and Meteorological Monitoring Station Installation Services between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Ramboll US Corporation, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 29th day of June, A.D., 2020. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: did„,, G ..dD;„k Weld County Clerk to the Board ounty Attorney Date of signature: o7/o''/2a Kevin D. Ross Mike Freeman, Chair cc: cACBa) °VVos /.Zo 2020-1937 BC0053 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made by and between the County of Weld, State of Colorado, whose address is 1 150 O Street, Greeley, Colorado, 80631 ("County"), and Ramboll US Corporation, whose address is 1999 Broadway, Suite 2225, Denver, CO 80202 ("Contractor"). WHEREAS, County desires to retain Contractor as an independent contractor to perform services as more particularly set forth below; and WHEREAS, Contractor has the time available to timely perform the services, and is willing to perform the services according to the terms of this Agreement. NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. Engagement of Contractor. County hereby retains Contractor and Contractor hereby accepts engagement by County upon the terms and conditions set forth in this Agreement. 2. Services to be Performed. Contractor agrees to perform the services listed in Exhibit "A," which is attached hereto and incorporated herein. 3. Term. The term of this Agreement shall be from the date of signature hereunder to and until the date of completion of the tasks detailed in Exhibit A. 4. Compensation. County agrees to pay Contractor the sums set forth in Exhibit A. Contractor shall invoice County for services rendered on a monthly basis. Contractor's invoices are payable within thirty (30) days of receipt. 5. Additional Work. In the event the County shall require changes in the scope, character, or complexity of the work to be performed, and said changes cause an increase or decrease in the time required or the costs to the Contractor for performance, an equitable adjustment in fees and completion time shall be negotiated between the parties and this Agreement shall be modified accordingly by a supplemental Agreement. Any claims by the Contractor for adjustment hereunder must be made in writing prior to performance of any work covered in the anticipated supplemental Agreement. Any change in work made without such prior supplemental Agreement shall be deemed covered in the compensation and time provisions of this Agreement. 6. Independent Contractor. Contractor agrees that Contractor is an independent contractor and that neither Contractor nor Contractor's agents or employees are, or shall be deemed to be, agents or employees of the County for any purpose. Contractor shall have no authorization, express or implied, to bind the County to any agreement, liability, or understanding. The parties agree that Contractor will not become an employee of County, nor is Contractor entitled to any employee benefits from County as a result of the execution of this 1 2020-1937 Agreement. 7. Warranty. Contractor warrants that services performed under this Agreement will be performed in a manner consistent with: (a) the professional standards ordinarily exercised in similar circumstances by reputable consultants performing comparable services in the same geographic area as of the time the services are rendered, and not according to earlier or later standards. County acknowledges that scientific, medical, and health and safety knowledge and expertise is always evolving, and that Contractor's work, conclusions and opinions cannot fully anticipate or take into account changes in knowledge or expertise that develop after the services are performed; and (b) the provisions of this Agreement. Other than the warranties specifically set forth above in this section, CONTRACTOR MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING THOSE OF NON -INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY OF ANY PRODUCTS, OR AS TO ANY OTHER MATTER. 8. Insurance. Contractor shall carry sufficient third -party liability insurance (in an agreed upon amount and including the Board of County Commissioners of Weld County as an Additional Insured) and workers' compensation insurance (if applicable), at Contractor's own cost and expense. Contractor shall provide sufficient certificates of insurance to County to evidence such insurance. 9. Non -Assignment. Contractor may not assign or transfer this Agreement, any interest therein or claim thereunder, without the prior written approval of County. 10. Access to Records. County shall have access to Contractor's financial records as they relate to this Agreement for purposes of audit for at least five years after final payment hereunder. 11. Time of Essence. Time is of the essence for the services to be provided herein. 12. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 13. Notices. Any notice required to be given under this Agreement shall be in writing and shall be mailed or delivered to the other party at that party's address as stated above. 14. Compliance. This Agreement and the provision of services hereunder shall be subject to the laws of Colorado and be in accordance with the policies, procedures, and practices of County. 17. Entire Agreement/Modifications. This Agreement contains the entire agreement 2 between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiation, representation, and understanding or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 18. Funding Contingency. The County, by and through its Board of County Commissioners, has budgeted for the current fiscal year all expenses listed in Exhibit A. No portion of this Agreement shall be deemed to create an obligation on the part of County to expend funds not otherwise appropriated or budgeted for. 19. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 20. Governmental Immunity. No portion of this Agreement shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess. 21. No Third -Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 22. Limitation of Liability. Notwithstanding anything to the contrary set forth in this Agreement: (a) under no circumstances shall either party be liable to the other for any type of damages other than direct damages (including loss of profits, loss of opportunity, loss of business, loss of goodwill, or indirect, consequential, special, or punitive damages), even if such party has been advised of the possibility of such damages; and (b) in no event shall the aggregate liability of Contractor and its affiliates in connection with the Agreement or the services exceed the an amount equal to two (2) times the amount actually paid to Contractor by County for the services, but in no event more than One Million Dollars ($1,000,000), and County specifically releases Contractor and its affiliates for any and all liability in excess of that amount. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day of June, 2020. CONTRACTOR: RAMBOLL US CORPORATION // By: 7t c.0 Name: Eric S. Hodek Title: Principal 3 ATTEST: W,tAJ Jeji•04 BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board WELD COUNTY, COLORADO BY: Deputy CI ' c to he B ice Freeman, Chair JUN 2 9 2020 APPROVED AS TO FUNDI APPROVED AS TO SUBSTANCE: Controller APPROVED AS TO FORM: County Attorney 4 Elected Official or Department Head Joao- 937 Exhibit "A" Bruce T. Barker, Esq. Weld County Attorney P.O. Box 758 1150 "O" Street Greeley, CO 80632 (970) 400-4390 Fax: (970) 352-0242 Proposal to Provide Ambient Air and Meteoroloical Monitoring Station Installation Services Ramboll US Corporation (Ramboll) is pleased to present this proposal to Weld County to install three ambient air quality and meteorological monitoring stations in Weld County. Ramboll and Weld County identified three station locations to conduct air monitoring for key chemical constituents and meteorological parameters. The stations are referred to in this proposal as Missile Site Park, Zone 1, and Zone 5. The configuration and equipment for each of the three stations are as follows: The primary station at Missile Site Park will monitor ozone (O3), nitrogen oxides (NOx), nitrogen deposition, ammonia (NH3), and meteorological parameters. The nitrogen deposition would be collected as part of the National Trends Network (NTN) monitoring program and ammonia would be collected as part of the Ammonia Monitoring Network (AMoN). Both programs are administered by the National Atmospheric Deposition Program (NADP). ® The secondary station, referred to as "Zone 1" in northern Weld County, is anticipated to be located at Parcel ID 004127012001 (40.97376, - 104.30372 degrees latitude and longitude). The station will monitor O3 and meteorological parameters. a The third station, referred to as "Zone 5" in eastern Weld County, is anticipated to be located at Parcel ID 148106000018 (40.07358, - ENVIRONMENT & HEALTH Date June 22, 2020 Ramboll 702 West Drake Road Building F Suite A Fort Collins, CO 80526 USA T +1 970 237 4331 https://ramboll.com 104.25117 degrees latitude and longitude). The station will monitor O3, nitrogen deposition, NH3, and meteorological parameters. Meteorological parameters at all three stations would be measured via a freestanding 10 -meter (m) meteorological tower with sensors located near ground level and at the 10-m level. Introduction and Project Understanding Pending project authorization Ramboll would procure the equipment and install three air quality monitoring stations within Weld County. All monitoring systems will measure and record continuous gaseous phase and meteorological parameters, where 'continuous' here is defined as 1 -minute resolution sampling which will be averaged and reported as hourly sampling consistent with standard data reduction and reporting protocols for the parameters of interest. The NTN and AMoN samplers [affiliated with the NADP], will collect samples on a weekly and twice per week schedule, respectively, in accord with NADP standard operating procedures. Each of the three stations will include an engineered and state -approved, stand-alone temperature - controlled shelter building, integrated automated calibration system, and a meteorological monitoring system with an adjacent 10 -meter (m) tower. The meteorological monitoring system at each station will monitor for: wind speed, wind direction, temperature, vertical temperature difference, relative humidity, solar radiation, barometric pressure, and precipitation. Health and Safety Ramboll understands the critical need to integrate health and safety into all aspects of our work. In times of the current global COVID-19 pandemic, it is especially important for Ramboll to focus on the health and safety aspects of the work it performs. We have developed and implemented safe work practices into all tasks performed in the office and in the field. A detailed health and safety plan (HASP) will be developed in accordance with Ramboll safety procedures and then reviewed with the Weld County project manager before Ramboll mobilizes. The document will serve as a health and safety guidebook for the duration of the project and a hardcopy will be kept and maintained by all field staff while on -site. Ramboll assumes 6 hours for preparation and review of all site HASPs and COVID-19 safety protocols. Scope of Work Pending project authorization, Ramboll will conduct the following three tasks: 1) develop a Quality Assurance Project Plan (QAPP); 2) procure instrumentation and all equipment/supplies, along with coordinating with Weld County for site preparations; and 3) install and integrate three air quality monitoring stations and verify station operation for one month following installation. The scope of work for these three tasks are detailed in the following sections. The planned instrument list for each station (i.e., Missile Site Park, Zone 1, and Zone 5) is provided in Tables 1 through 3, respectively. Ammonia monitoring equipment is not detailed in Tables 1 through 3 because this equipment would be provided by NADP, pending station location approval process. 2/11 Table 1. EQuitament List for the Missile Site Park Monitoring Station Manufacturer ` Model \ 'I a. - Measurement or Purpose - Ozone Teledyne Instrumentation Advanced (TAPI) Pollution T400 Oxides of Nitrogen TAPI T200 Dynamic Dilution Calibrator/Ozone Reference Photometer' TAPI T700 Zero Air System TAPI T701 Wind Speed & Direction R.M. Young 05305 Temperature & Vertical Temperature Difference R.M. Young 43347 Relative Humidity Campbell Scientific/E+E Elektronik EE181 Solar Radiation Huskeflux LP02 Setra 278 Barometric Pressure Precipitation Texas Electronics TR-525M Precipitation-NTN ETI Instrument Systems NOAH IV Collection Bucket-NTN N -CON 00-120-2N Data Logger Campbell Scientific CR-3000 1 Equipped with Internal Ozone Generator, Gas -phase Titration Chamber and Ultraviolet Photometer Table 2. Equipment List for the Zone 1 Monitoring Station Manufacturer Model Number Measurement or Purpose Ozone TAPI T400 Ozone Reference Photometer TAPI T703 Wind Speed & Direction R.M. Young 05305 Temperature & Vertical Temperature Difference R.M. Young 43347 Relative Humidity Campbell Scientific/E+E Elektronik EE181 Solar Radiation Huskeflux LP02 Barometric Pressure Setra 278 Precipitation Texas Electronics TR-525M Data Logger Campbell Scientific CR-3000 Table 3. Equipment List for the Zone S Monitoring Station #' Manufacturer Model Number Measurement or Purpose . at Ozone TAPI T400 Ozone Reference Photometer TAPI T703 Wind Speed & Direction R.M. Young 05305 Temperature & Vertical Temperature Difference R.M. Young 43347 Campbell Scientific/E+E Elektronik EE181 Relative Humidity Solar Radiation Huskeflux LP02 Barometric Pressure Setra 278 Precipitation Texas Electronics TR-525M Precipitation-NTN NOAH IV ETI Instrument Systems Collection Bucket-NTN N -CON 00-120-2N Data Logger Campbell Scientific CR-3000 3/11 Task 1: QAPP Development A programmatic QAPP will be developed that details the equipment and quality assurance procedures at each individual station. The QAPP will conform to data collection and quality assurance protocols established by the US Environmental Protection Agency (EPA) for Federal Reference Method (FRM) and Federal Equivalent Method (FEM) monitors and meteorological monitoring systems. As part of this task, Ramboll will visit each location to measure shelter and tower locations, take representative photos of the locations, and verify cellular service signal strengths. The QAPP will specify station descriptions, data quality assurance objectives, data generation and acquisition, monitoring assessments and oversight, and data validation and usability. The NTN and AMoN networks are managed by the NADP. These networks already have an established set of Standard Operating Procedures (SOP) and data quality objectives. As part of the QAPP the applicable NADP SOPs will be incorporated by reference and provided as an appendix. Ramboll will complete the NADP application paperwork, take representative photos, and scope the location of the NTN and AMoN samplers. Ramboll has assumed two review cycles for the station QAPP. A draft QAPP will be provided to the Weld County point of contact for review and comment. It is assumed Weld County will provide comments within one week. Ramboll will revise the QAPP based on comments provided by Weld County. Ramboll assumes the QAPP will be submitted to Colorado Department of Public Health and Environment (CDPHE) for their review and approval. Task 2: Equipment Procurement Ramboll will procure all necessary equipment for this task. Equipment will be shipped to the Ramboll Fort Collins office with the exception of the shelter buildings and the calibration gas cylinder required for the NOx analyzer. The shelters will be delivered directly from the vendors to their final locations. The calibration gas cylinder required for the NOx calibrations will be shipped under dangerous goods manifest from the vendor directly to the Missile Site Park station. Once received at Ramboll's office, package contents will be verified to confirm all components were included. Equipment will be inspected for damage and tested to ensure that it is operational. Ramboll will also arrange for a sub -contractor, Air Resource Specialists, Inc. (ARS), to certify the ozone reference photometer at all three stations as Level 3 Transfer Standards through an EPA -approved, independent certification protocol. This certification is required to be performed twice per year. This scope of work only covers the initial certification. Task 3: Station Installation and 1 Month of Data Verification Ramboll will work with Weld County's point of contact to coordinate site preparation and permitting activities, including electrical connections, communications, ground trenching and grading, and concrete pad installation. Ramboll will coordinate with Weld County's point of contact and shelter vendors for planned shelter delivery on -site. Once the shelters are delivered, Ramboll personnel will mobilize equipment and installation supplies to the project site to complete the installation. The installation will consist of installing the equipment inside the shelter, installing the tower and all meteorology equipment, plumbing the gaseous analyzers, programming the logger to measure and record data parameters, programming the calibration system to perform automated calibration checks on the gaseous analyzers, and final testing/integration of all equipment. Once the system is operational, the computer networking and remote communications will be installed and tested. Each station will be 4/11 configured with computer networking and integration to allow for remote access to the station which provides for manual calibrations, data acquisition, troubleshooting, and system diagnostics. For the purposes of this cost estimate Ramboll assumes that the project site has 3G (or equivalent) data service and Weld County will pay for cellular service as part of on -going operational costs. Suitability of available data services at the station locations will be assessed as part of Task 1. At the Missile Site Park station, Ramboll will program the T700 to complete an automated weekly calibration that consists of the following sequences: Gas dilution precision and span checks for T200 analyzer O3 precision and span checks for T400 (using T700 photometer function) ® Gas Phase Titration (GPT) sequence for T200 (using T700 GPT function) ® Zero air check for all analyzers The sequence will be programmed such that all analyzers are temporarily taken offline every Monday between 12AM — 2AM for the calibration and will resume normal operations at the completion of the calibration. The gas dilution and GPT checks would be performed with an EPA -protocol nitrogen oxide (NO) calibration gas cylinder. At the Zone 1 and Zone 5 stations, Ramboll will program the T703 to complete an automated weekly calibration that consists of the following sequences: ® O3 precision and span checks for T400 ® Zero air check for T400 The sequence will be programmed such that all analyzers are temporarily taken offline every Monday between 12AM - 2AM for the calibration and will resume normal operations at the completion of the calibration. For the NTN samplers, concrete piers will be installed, and the NTN precipitation gage and precipitation collector will be attached to the piers. The AMoN overhead shield will be attached to a pole in accordance with NADP SOPs. Ramboll will conduct the station installations and help Weld County's point of contact coordinate with CDPHE to conduct an initial independent quality assurance audit, as required for other state operated FRM stations. Subsequent audits would need to be conducted as part of an ongoing quality assurance program to be overseen by Weld County and are not included in this scope of work. One month of data verification will be conducted as part of a "shake down" period to verify proper operation. As part of this Ramboll will review data daily, download of all continuous gaseous phase analyzers and meteorology equipment at the three stations, and visit stations weekly as required for the NTN stations and bi-weekly for the AMoN stations. It is anticipated that minor troubleshooting of instrumentation or data collection would be conducted as part of this period. 5/11 Schedule It is estimated that all three stations would be installed by August 22, 2020. However, this is a very aggressive estimate subject to many factors outside of Ramboll's control, such as vendor lead times. Vendors have notified Ramboll of extended production and shipping delays due to COVID-19 restrictions. Ramboll estimates the following project schedule based on current quoted lead times, subject to change and significant uncertainty: • June 22 - Ramboll submit proposal to Weld County • June 26 - Weld County provides project authorization and contract is executed • June 29 - Project kick-off call with all project team members to discuss coordination, schedule, logistics, and planning • June 30 through July 7 - Ramboll initiate contact with equipment vendors and issue purchase orders (where necessary) • June 30 through July 10 - Ramboll drafts QAPP • July 13 through 17 - Weld County reviews QAPP and provides comments to Ramboll • July 20 through 24 - Ramboll finalized QAPP and submits to CDPHE • July 20 through 31 - Ramboll receives equipment; tests and calibrate; Weld County conducts station permitting and site preparation activities • August 3 through 7 - Shelters delivered to station locations; shelters get power • August 10 through 14 - Ramboll delivers equipment to stations; Ramboll sets tower bases in concrete and assembles towers • August 15 through 22 - Ramboll installs gaseous analyzers, integrated automated calibration systems, meteorology equipment, and NTN/AMoN samplers • August 22, 2020 - Weld has fully functioning monitoring network; Ramboll begins 1 month of routine operations for data review and NTN/AMoN station visits for verification that systems are working properly • September 22, 2020 - Ramboll ceases routine operations and NTN/AMoN station visits Project Costs Ramboll proposes to perform the proposed work on a time and materials basis in accordance with the attached Terms and Conditions provided in Appendix A and labor rates shown in Appendix B. The estimated costs by task for labor, equipment and travel are shown in Table 4. Costs include professional, administrative, and clerical support, as well as other direct project expenses such as subcontractor expenses, equipment and supplies, and travel costs. Other direct project expenses have a 5% mark-up. At Weld County's discretion, a 20% contingency charge is added to the labor cost and a 10% contingency charge is added to the equipment cost to account for any unanticipated costs with site 6/11 preparation, equipment changes, or other supplies that are needed. Ramboll can revise the cost estimate to remove the continency, if desired. Table 4. Summa of Cost Break -down . er Task QAPP Equipment Procurement Station Installation $33,700 $6,700 $0 $0 $300 $40,700 $19,600 $3,900 $302,800 $30,300 $0 $356,600 $68,900 $13,800 $5,500 $600 $9,100 $97,900 $122,200 $24,400 $308,300 $30,900 $9,400 $495,200 Labor and travel costs included in Table 4 account for site visits associated with installation of the three stations over a two-week period and, following the installation, four additional site visits to Missile Site Park and Zone 5 to collect nitrogen deposition and NH3 samples in accord with NADP requirements. Travel costs include airfare, hotel, per diem, and rental vehicle expenses for one week for Doug Herlocker, the Senior Air Monitoring Specialist, and hotel and per diem expenses for one week for Jake Zaragoza, the Air Monitoring Technician. An additional week of rental vehicle expenses are included for moving equipment to the stations prior to site installation. The equipment cost estimate shown in Table 4 includes the equipment listed in Tables 1 through 3 as well as items such as shelter purchase and delivery, cables, computer networking and communication equipment, calibration gas cylinder rentals, etc. The types of equipment and supplies are generally consistent with the list of sent to Weld County on June 10, 2020 with slight modifications based on updated vendor quotes and refined site installation plans. Estimates for site preparation activities, including earthworks and concrete for the tower base and a shelter pad, have been included. Note that NADP annual fees of $17,444 are not included in this cost estimate. Ramboll will assist Weld County in setting up NADP processes and once that is finalized Weld County will pay annual NADP fees directly. Any unanticipated out of scope costs that may be needed will be discussed with Weld County prior to initiation of work. 7/ 11 Closing We appreciate the opportunity to provide this proposal to you. If you find this proposal acceptable, please sign and return a copy to Ramboll as our authorization to proceed. We will return an executed copy to you. Please feel free to contact Eric Hodek or Courtney Taylor as indicated below if you have any questions or comments. We appreciate this opportunity and look forward to assisting with this exciting project for Weld County. Yours sincerely Courtney Taylor Managing Consultant D +1 (970) 237-4331 M +1 (970) 217-1861 ctavior@ramboll.com ti fi DOccs/, ce-A---zut Doug Herlocker Managing Consultant D +1 (425) 4121800 M +1 (208) 4849436 dherlocker@ramboll.com Attachments: Attachment A Terms and Conditions Attachment B Labor Rates 8/11 Eric S. Hodek Principal D +1 (303) 3825467 M +1 (281) 8963648 ehodek@ramboll.com Authorization to Proceed with Scope of Work Dated June 22, 2020 for $495,200. Accepted and Agreed to: Name: Mike Freeman_ Signature: Title: BCCC Chair Date: JUN 2 9 2020 9/11 �oo2a-l�/�l ATTACHMENT B RAMBOLL RATES Rarnboll US Corporation Labor Rates Job -Title Principal Principal Consultant Senior Managing Consultant Managing Consultant Senior Consultant 2 Senior Consultant 1 Consultant 3 Consultant 2 Consultant 1 Support wl-:y Rate 275 275 238 199 165 147 130 109 ., JAG' ��A'✓.i �i.�.T��� 92 82 Hello