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4339
WASHINGTON ENGINEERING
ARCHITECTURAL/ENGINEERING
ECON DEVEL
PRO
SVCS - SOG BLDG RENOVATE
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Insurance Review Date 07/01/2003 1=
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Insurance
Type Amount
Amount
Begin Date
End Date
Review Date
$14250.00
01/15/2003
08/31/2003
02/15/2005
Comments
NEED CERTIFICATE OF INSURANCE
VAULT 01/01/2005
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WASHINGTON ENGINEERING
ARCHITECTURAL/ENGINEERING SVCS - SOG BLDG RENOVATE
ECON DEVEL
PRO
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Insurance
Type Amount
Amount
Begin Date
End Date
Review Date
Insurance Total
Insurance Review Date
Comments
NEED CERTIFICATE OF INSURANCE
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$14250.00 +
01/15/2003 +
04/30/2003 +
04/01/2003 +
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$0.00 +
04/01/2003 +
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PROFESSIONAL SERVICES AGREEMENT
Washington Engineering
The City of Bremerton ("City") and Washington Engineering ("Consultant"), referred to
collectively as the "Parties," enter into the following Agreement for professional services:
I. Scope: The Consultant agrees to perform the services more specifically described in the
Scope of Work, dated January 31 2003 including any addenda thereto as of the effective date of
this Agreement, attached hereto as Exhibit A, which is incorporated herein by this reference as if
fully set forth. The Scope of Work may be modified only pursuant to Section VII.H. of this
Agreement. If the Scope of Work provides for unspecified additional services the City may
request that such services shall only be performed upon the express written request of the City.
Consultant further represents that the services furnished under this Agreement will be performed
in accordance with generally accepted professional practices in effect at the time such services
are performed.
1~ Term: The City and x'he Consultara agree that work will begin on'~the task~=deseribed in
Exhibit A immediately upon execution of this Agreement. The parties agree to complete
construction documents within 30 day of Notice to Proceed; provided however, that additional
time shall be granted by the City for excusable delays or extra work as provided for in Section IX
(A) of this agreement.
~I. Compensation: In consideration of the services provided pursuant to this Agreement, the
City shall pay Consultant in an amount not to exceed Fourteen Thousand Two Hundred Fifty
Doll~'s ($14,250.00).
The Consultant shall bill the City of Bremerton 90% of the contract amount upon
completion of construction documents as described in Exhibit "A". The 10% balance shall be
paid upon performance of the remaining work elements. Upon receipt of conforming billing
statements and acceptance of the work, the City shall promptly process payment.
Consultant shall not perform work beyond the Scope of Work, nor shall be compensated
for such work, unless the Scope of Work or amount of compensation is modified pursuant to this
Agr~ cement. Additional services shall be compensated for only if requested pursuant to Section I
and shall be compe~ated as set out in the request or, if the request does not so provide, as set out
in the attached Exhibit "B" fee schedule.
IV. Relationship of Parties: Consultant is skilled in the matters addressed in the Scope of
Work and is performing independent functions and responsibilities within its field of expertise.
Consultant and its personnel are independent contractors and not employees of the City.
Consultant and its personnel have no authority to bind the City or to control the City's employees
and other contractors. None of the benefits provided by the City to its employees, including, but
not limited to, compensation, insurance, and unemployment insurance are available from the
City to the employees, agents, representatives, or sub-consultants of the Consultant. Consultant
will be solely and entirely responsible for its acts and for the acts of Consultant's agents,
Bremerton/Washington Engineering
Page 1 of 8
employees, representatives and sub-contractors during the performance of this Agreement. The
City may, during the term of this Agreement, engage other independent contractors to perform
the same or similar work.
As an independent contractor, Consultant is responsible for its own management. The
City's administration and enforcement of this Agreement shall not be deemed an exercise of
managerial control over Consultant or its personnel.
As an independent contractor, Consultant is responsible for payment of all taxes and
licensing fees necessary to perform its obligations under this Agreement. These taxes and fees
include but are not limited to State industrial insurance, B&O, State professional licensing, and
City business licensing. If any taxes or fees due the City have been declared delinquent, the City
may withhold the delinquent amount, plus any additional charges arising from the delinquency,
from any payments due Consultant.
V. Indemnification: Consultant shall defend, indemnify and hold the City, its officers,
~ffieialsf employees, and agents harmless ffbm any and all claims, injuries, damages,--losses or
suits, including all legal costs and attorney fees, arising out of or in connection with the
Consultant's performance of this Agreement, except for that portion of the injuries and damages
caused by the City's negligence.
The City's inspection or acceptance of any of Consultant's work when completed shall not
be grounds to avoid any of these covenants of indemnification.
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 bodily injury to persons
or damages to property mused by or resulting from the concurrent negligence of the Consultant
and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability
hereunder shall be only to the extent of the Consultant's negligence.
IT IS FURTHER SPECEFICAIJ.Y AND EXPRESSLY UNDERSTOOD THAT THE
"INDEMNIFICATION PROVIDED HF.J~IN CONSTITUTES THE CONSULTANTS
- WAIVER OF IMMUNITY UNDER ~USTRIAL INSURANCE, TITLE 51 RCW, SOLELY_
-- FOR ~ PURPOSES OF TH~S INDEMNll:ICATION. TH]E PARTI~_S FURTHER
ACKNOWLEDGE THAT THEY HAVE MI~I'U~LY NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this Agreement.
VL 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, sub-consultants or sub-contractors.
Before beginning work on the project described in this Agreement, the Consultant shall
provide a Certificate of Insurance evidencing:
Bremerton/Washington Engineering
Page 2 of 8
1. Automobile Liabilitv insurance with limits no less than $1,000,000 combined single
limit per accident for bodily injury and property damage; and
2. Commercial General Liabilit3, insurance written on an occurrence basis with limits no
less than $1,000,000 combined single limit per occurrence and general aggregate for
~_~_ pe_r_s~.._nal i~iJUfy,_.bodily inju._w_ and property damage. Coverage shall include but not be . ;_~ ..:
limited to: blanket contractual; Products/completed operations/broad form property
damage; explosion, collapse and underground (XCU) if applicable; and employer's
liability; and
3. Professional Liabilit~ insurance with limits no less than $1,000,000 limit per
occurrence.
Any payment of deductible or self insured retention shall be the sole responsibility of the
: Consultant.
All required policies shall be provided on an "occurrence" basis except professional
liability insurance (if required), which shall be provided on a "claims-made" basis.
::~' ~ The City-y s?iaIl b~med~ additional insUred on fhe-Comm-ercial Ge-~qiraI 'L~ibility
insurance policy, as respects work performed by or on behalf of the Consultant and a copy of the
endorsement naming the City as additional insured shall be attached to the Certificate of
Insurance. The City reserves the right to receive a certified copy of all the required insurance
policies.
The Consultant's Commercial General Liability insurance shall contain a clause stating
that coverage shall apply separately to each insured against whom claim is made or suit is
brought, except with respects to the limits of the insurer's liability.
(:: The~Consultant's :insurance shall be prim~ :ifii~~ as resPects the City and the Cit~":::~}f
~:" Shall be given thirtY (30) days prior written notice by ~rtified mail, return receipt requested, of
any cancellation, suspension or material change in coverage.
........ If, in the City's sole det__e!'min_a_tion, a dispute or ~c~m__ari_ses, the City rese~es.the rig~
..... · : :: __. ~ mnC~l~O-F~21~om the ~t~ant ~__~_~_~.
-:,~:--:~-- General C6nditisns. ' '
A. Reports and Information: When requested by the City, Consultant shall furnish
!rPeriodic reports and documents on matters covered by this Agreement. The reports and --
rdocuments shall be furnished in the time and form requested. Consultant shall maintain
accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to
substantiate all billed amounts.
B. Ownership and Use of Records and Documents: Original documents, drawings,
designs and reports developed under this Agreement shall belong to and become the property of
the City. All written information submitted by the'City to the Consultant in connection with the
services performed by the Consultant under this Agreement will be safeguarded by the
Bremenon/Washington Engineering
Page 3 of 8
Consultant to at least the same ex-lent as the Consultant safeguards like information relating to its
own business. If such information is publicly available or is already in Consultant's possession
or known to it, or is rightfully obtained by the Consultant fi.om third parties, Consultant shall
bear no responsibility for its disclosure, inadvertent or otherwise.
' "-C. ConSultant to Maintain Records to Support Independent Contractor Status: On the
effective date of this Agreement (or shortly thereafter), Consultant shall:
1. File a schedule of expenses with the Internal Revenue Service for the type of
business Consultant conducts;
2. Establish an account with the Washington State Department of Revenue and other
necessary state agencies for the payment of all state taxes normally paid by
: employers, register to receive a unified business identifier number fi.om the Stale
of Washington; and
3. Maintain a separate set of books and records that reflect all items of income and
expenses of Consultant's business, all as described in the Revised Code of
Washington (RCW) Section 51.08.195, as required to show that the services
--~- - - -pi~- orf6Vmed-6y~onsultant under this Agreenrent'sh~tl not gi~e-~ise ~ ~r~t~er-
employee relationship between the parties which is subject to RCW Title 51,
Industrial Insurance.
D. Work Performed at Contractor's Risk: Consultant shall take all precautions necessary
and shall be responsible for the safety of its employees, agents, and sub-consultants in the
performance of the work hereunder and shall utilize all protection necessary for that purpose.
All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss
of or damage to materials, tools, or other articles used or held for use in connection with the
work
E. Place of Work: The Consuitant"shall perform the work authorized under this
Agreement at its offices in Silverdale, Washington. Meetings with the City staff as described in
Exhibit A, Scope of Work, shall take place at the City's Project offices at 232 Washington
~A_ v~ Bremerton, Washington, or at locations mu~ly, agreed uj:}on by the parties
;71:?~: ;-:z?' Entire~A~reement!"This Agreement .and its E~ibits constitutes the entire ag~:eem~m
~e~ .e~n the Parties, and tbe Parties ackn0~feff~$1ihi, t there are nb other agree'm~i~i
:~: ~6fal, that have not been set forth in the text ofthi~ Agr~nt' -
G. Severabilitv: Should any part of this Agreement be found void, the balance of the
Agreement shall remain in full force and effect.
H. Modification: This Agreement may only be modified by written instrument signed by
both Parties.
I. Written Notices: All communications regarding this Agreement shall be sent to the
parties at the addresses listed below, unless notified to the contrary. Any written notice
hereunder shall become effective upon the date of mailing by registered or certified mail, and
Bremerton/Washington Engineering
Page 4 of 8
shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement
or such other address as may be hereafter specified in writing.
City Clerk Washington Engineering
239 Fourth Street 4040 Wheaton Way Suite 202
Bremerton, WA 98337 Bremerton WA 98310
J. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a
waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be
deemed waiver of any other right or power.
K. Non-Waiver of Breach: The failure of the City to insist upon strict performance of
any of the covenants and agreements contained herein, or to exercise any option herein conferred
in one or more instances shall not be construed to be a waiver or relinquishment of said
covenants, agreements or options, and the same shall be and remain in full force and effect.
E: Comp~:a~with LgWs: Consultant Sh~lt-eompt37with affapplicabFeFeder~l~,~State?-and
local laws in performing its obligations under this Agreement.
M. Choice of Law and Venue: This Agreement shall be interpreted according to the laws
of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement
shall be brought in Kitsap County Superior Court.
N. Attorneys' Fees: The substantially prevailing Party in any litigation arising out of this
Agreement shall be entitled to its reasonable attorneys' fees and court cogs.
.... VIlli. 'Noadiscrimination: Consultant ~hali not discriminate in emploYment or services to the
public on the basis of race, color, national 6rigin, sex, religion, age, marital status, or disability,
except for employment actions based on bona fide occupational qualification.
~:IX. Termination; This Agr_ cement may ~ terminated, at will, by either Parry upon 30 days'
i;~--:~!'~notice-to the oth~ P~ ~s A~e~nen~ may,t~ immediatelY terminated for ~ by ~Part~ if!
:~:zthe otl~r party substantially fails tO perf__om through no fault of the terminating Pa~-ty and the
~z:non-p~xTorming Party' does not commence correction of the failure of pe~be Within
-days of the terminating Pamy~s sending notice to-the non'Performing Party.
If the City receives reimbursement by any federal, state, or other source for work described in
Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is
cancelled or substantially reduced after the execution date of this Agreement and prior to the
completion of the work, the City may summarily terminate this Agreement. Termination shall be
effective ten calendar days at'er Consultant's receipt of the written notice by certified mail.
A. Excusable Delays: The right of Consultant to proceed shall not be terminated nor shall
Consultant be charged with liquidated damages for any delays in the completion of the work due
to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials,
Bremerton/Washington Engineering
Page 5 of 8
equipment, tools, or labor by reason of war, national defense, or other national emergency; 2)
any acts of the City, its consultants, or other public agencies causing such delay; and 3) causes
not reasonably foreseeable by the parties at the time of the execution of the Agreement that are
beyond the control and without the fault or negligence of the Consultant, including, but not
restricted to, acts of God, fires, floods, strikes, or weather of unusual severity; and (4) negotiated
and executed supplemental agreements between the City and Consultant for Consultant to
perform extra work defined as tasks not included in the Scope of Work referenced as Exhibit A.
PROVIDED, HOWEVER, that the Consultant must promptly notify the City within ten (I0)
calendar days in writing of the cause of the delay. If, on the basis of the facts and the terms of
this Agreement, the delay is properly excusable, the City shall, in writing, extend the time for
completing the work for a period of time commensurate with the period of excusable delay.
B. Riahts Upon Termination: In the event of termination, the City shall pay for all
services performed by the Consultant to the effective date of termination, as described on a final
invoice submitted to the City. At°rer termination, the City may take possession of all records and
data within the Consultant's possession pertaining to this project which may be used by the City
without restriction. Any such use not related to the project which Consultant was contracted to
perform shall be wit hdut liability or le~-al~xpostSre to the Consultant. Upoi~ t 6rmination th~ City
will be entitled to reports showing the status of all items listed in the Scope of Work current
through the termination date.
By: Catv Bozeman ' ~ :: By: Michael W. Bi~gs
Mayor t[l~[~:~ Its: Owner ~/~SI~..~
Its:
Approved as to form:
By: Simon Stocker
Attorney
EXIIIRIT A
Bremerton/Washington Engineering
Page 6 of 8
I WASHINGTON ENGINEERING
PLANNING · ENGINEERING ~' ARCHITECTURE WA-ENG.NET
December 26, 2002
Ms. Kathleen L. McCluskey
Director, Administrative Services
City of Bremerton
239 4th Street
Bremerton, WA 98337
RE: Statement of Architectural and Engineering Services
Renovation of Special Operations Group Shop Building
Dear Ms. McCluskey:
Please accept this letter of interest in participating:in your selection process for work asso~:iatexl with
this project.
Project Understanding
This project consists of constructing office spaces within an existing metal building currently
housing shop and vehicle storage functions. The existing building is approxiraately 20 years old
and was constructed as a 'pre-engineered' metal building. It is constructed of four bays, slab on
grade, heated utilizing gas-fired unit heaters and housing training, laundry, radio antenna, fueling
controls, and shop functions. This building is constructed on an existing emergency services
campus, largely occupied by a fire station.
The shop function currently housed in this building includes provisions for welding, a paint
hood, a compressor, and an industrial grade clothes washing machine. A hot water heater
supplies water for the washing machine. In the vicinity of the washing machine, below stab
plumbing exists to allow installation of a toilet core. The existing building is 5,170 square feet,
and is a single story, high bay building.
Based on preliminary space layouts, the proposed project will include constructing 2,090 square
feet of office and support spaces for the following functions:
· Office Administrator
o Records
· Sergeants Office
· Conference Room
' Office
Detectives
· Women s Toilet
· Men's Toilet
· Shower Room
· Locker Room
o Work-out Room
· Seizure Area
In addition to the ground floor spaces, the preliminary layout includes a 125 psf mezzanine above
the office area (- 1400 sO for storage of records. We understand that no work would be involved
with the rest of the building, and that it would continue to function as a vehicle garage. ·
Occupancy/Fire Rating/Building Code Provisions '
.- The existing building will be modified to include new occupancy classifications in accordance
with the Uniform Building Code (UBC). These classifications will be B [office space], and S-3:
[non-repair garage]. The office space will be separated from the garage space by 1-hour fire rated
- structure. Ifa storage area is constructed above the office space; it also would also be separated.
· - from the garage space with a similar separation, and legal egress from the mezzanine will have to
be provided in accordance with UBC requirements.
The garage space will be required to have additional exiting, and the office occupancy will have
to conform to Washington State Accessibility Standards. Our design will also incorporate
features to achieve compliance with the Washington State Non-Residential Energy Code.
Proposal For Services - Assumptions
Our proposal includes the design for this facility to include architecture and engineering services
and optional services for the selection of furnishings and construction support.
The business occupancy will require a new heating/ventilation system and the toilets will need
separate ventilation. The existing unit heaters provided for the space will be reutilized or possibly
relocated, and the existing compressor and washing machine and water heater may be relocated.
The electrical system appears to exhibit sufficient expansion capacity. This project will require
new circuiting from existing panels to provide for lighting, power, and for energizing equipment.
We will provide the design work for connecting communications systems, and LAN systems that
may be required.
We will provide design services associated with plumbing, including the demolition of those
areas of the existing building necessary to install additional toilets.
We do not anticipate modification of the storm drainage system, nor the drainage system internal
to the building as a part of this project.
We understand that the storage area above the office areas will be designed to provide light
storage capacity, i.e. 125 pounds per square foot loading characteristics. We believe this will be a
new structural system utilizing the bearing capacity of the existing concrete slab, but will require
installation of new bearing walls at the perimeter and internally to the building. This system
could possibly be constructed from 'Truss-Joist' 'T' sections spanning the shortest spans. A
major unknown in the design process is the rated capacity and configuration of the floor slab.
While the slab is structurally sound for the office type functions, it is not certain that the slab can
carry the additional 19ad from the storage mezzanine. As an alternative, we would propose the :
construction ora 40Osf ground level storage mom adjacent to the offices. This would result in a .....
reduction of the construction cost by approximately $2 !,000.
We are including time within this proposal for meeting with the Building Department to expedite
processing of the building permit application for the project.
We are assuming in:this proposal that all utilities are adequate for the proposed facility, and that.'~:':
resizing utilities is not required. .
We would not select furniture, coordination of power, data/communications systems within this
proposal, but have provided a separate cost associated with this work if completion of it in this
project is desirable.
We are including the costs of printing within this proposal necessary for the development of this
project, but are not including building permit fees, nor costs associated neither with obtaining
bids, issuing bid sets nor with issuing multiple documents to the building contractor.
Summary of Service Tasks
We propose to complete the following tasks in this proposal:
Design Development
· Develop A Space Allocation/Utilization Plan
· Develop Design Development Document
Develop Building Exterior Elevations
· Complete a Ball-park Cost Estimate
· Submit Space Plans & Estimate to CoB
Conduct A Charette for Purposes of Obtaining User Input
Obtain/review existing drawings/utilities information
Incorporate Comments into Final Drawings
Develop Construction Documents
· Design HVAC, Structural and Electrical Engineering Systems
· Hold an initial meeting at Building Department
· Plan Communication System
· Develop Space Plan & Color Scheme
· Receive and Review CoB Construction
Contract
Standard
Conditions
· Develop Final Drawings, Specifications, Cost Estimate
· Submit Drawings, Specifications, Estimate to CoB BD [Building Department]
for review.
Review w/CoB
·Final Review Meeting With CoB of All Plans
Incorporate Comments into Final Drawings
Bidding . .
· Coordinate Project Scope Language
· CoB to Produce Construction Documents/Cost Estimate and Distribute to Prospective Bi'dders:.
Wa-Eng to Submit Documents for Building/Permit. CoB to pay Building Permit Fees. ~ ....
CoB to Advertise Construction Bid Opening
· Attend Bid Opening
· Recommend Apparent Low Bidder :
Construction
Contra.:tor to Obtain Building Permit
· Hold Kick-offMeeting
· Approve Submittals
· Visit Construction Site 1/month [4 months]
· Review Payment Requests
· Punch List Trip
· Final Payment/Job Inspection
Project Schedule
We are prepared to start this project immediately, to have construction documents complete
within 30 days of Notice to Proceed. The City has several options for advertising and award of
the construction contract. We would recommend consideration for selection of the Contractor
from the City's Small Works Roster. This project has an estimated cost less than $200,000 and :s
therefore eligible for the small works roster. With the possible exception of HVAC components,
there are no significant long lead items and a construction period of 90 days appears reasonable.
Fee~
Washington Engineering proposes for completing this project the following fee:
Basic Design Fee (Drawings and Specs) $14,250.00
Includes all elements under "Summary of
Service Tasks."
Alternatives:
Consh'uction Support $2,650.00
Furniture Selection and Power/Data
Coordination $1,960.00
Approximate Construction Costs
We would estimate the renovation costs to be approximately $45.00/SF for finished
spaces and approximately $22.00/SF for non-finished spaces for this building. This
would equal $94,000 for the Business Occupancy [2,090 SF], and $30,800 for the storage
mezzanine [1400 SF], or a total $124,800 for the project. The table below summarizes
costs with and without a storage mezzanine.
With Mezzanine Without Mezzanine
Finished Spaces ~ $45/sf $94,000 $102,800
Unfmished Spaces ~ $22/sf $30,800 $ ........
Estimated Construction Cost $124,800 $102,800
In Conclusion
It is our belief that this proposal for services will fully meet your requirements. Please
contact me if you have additional questions.
WASHINGTON ENGINEERING
PLANNING ® ENGINF'£RING ® ARCHITECTURE WA-ENG.NET
City of Bremerton On-Call Engineering - Rate Schedule
For calendar year 2003, charges for engineering, architectural, planning, drafting and
clerical services will be billed at the following rates for time and materials type contracts.
2003 - Schedule of Charges by Personnel Classification
Principal Engineer/Architect $95.00 per hour
Senior Engineer (Civil, Structural, Mechanical, Electrical) $85.00 per hour
Journeyman Engineer (Civil, Structural, Mechanical, Electrical) $77.00 per hour
Junior Engineer (Civil, Structural, Mechanical, Electrical) $70.00 per hour
Journeyman Architect $82.00 per hour
Construction Manager $70.00 per hour
Cost Estimator/Scheduler/Spec Writer $70.00 per hour
Construction Inspector $55.00 per hour
Environmental Specialist $65.00 per hour
Senior AutoCAD Operator $54.00 per hour
Junior AutoCAD Operator $47.00 per hour
Clerical Staff Support $40.00 per hour
2003 - Reimbursable Expense Schedule
1. Transportation by Automobile - $0.365 per mile
2. In-House Reproduction Work - at prevailing commercial rates
3. Commercial Reproduction Work - at cost
4. Travel and Subsistence - at direct cost
5. Lab Samples and Analysis - at direct cost plus 8% markup
6. Ne$otiated subcontract services - at direct cost plus 10% markup
7. Consumable project field supplies - at direct cost plus 8% markup
8. All other expenses - at cost
I BREMERTON PORT TOWNSEND
40zl~) WHEATON WAY PO I~OX 11
SurrE ~2 423 JACK~N