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HomeMy WebLinkAboutC2017-185 - 5/30/2017 - Approved ots eft:). eP "4. . 111 kw ,to 185% SUPPLY AGREEMENT NO. 1072 Liquid Aluminum Sulfate for Water Treatment THIS Liquid Aluminum Sulfate for Water Treatment Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Chemtrade Chemicals US LLC ("Supplier ), effective for all purposes upon execution by the City Manager or the • City Manager's designee ("City Manager"). WHEREAS; Supplier has bid to provide Liquid Aluminum Sulfate for Water Treatment in response to Request for Bid No. 1072 ("RFB"),which RFB includes the required scope of work and all specifications and which RFB and the Supplier's bid response are incorporated by reference in this Agreement as Exhibits 1 and Z respectively, as if each were fully set out here in its entirety. NOW,THEREFORE, City and Supplier agree as follows: 1. Scope. Supplier will provide Liquid Aluminum Sulfate in accordance with the attached Scope of Work, as shown in Attachment A,'the'content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. "Goods," "products", and "supplies", as used in this Agreement, refer to and have the same meaning. 2. Term. This Agreement is for 12 months. This Agreement includes an option to extend the term for up to two additional 12-month periods ("Option Period"), provided, the parties do so prior to expiration of the original term or the then- current Option Peribd. The.decision tb exercise the option to extend the term of this Agreement is, at all times, within the,sole discretion of the City and is conditioned upon the prior written agreement of the Supplier and the City Manager. 3. Compensation and Payment. The totaF value of this Agreement is not to exceed $1,532180.00, subject to approved extensions and changes. Payment will be made for goods delivered and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here,in its entirety. 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance dnd operations under City of Corpus Christi Page 1 of 7 Supply Agreement Standard Form Approved as to Legal Form 7/1/16 2017-185 5/30/17 M2017-070 Chemtrade Chemicals US LLC INDEXEC this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Diana Zertuche Garza Department: Utilities Treatment, Water Utility Support Svc Group Phone:(361) 826-1827. Email:DianaG@cc.texas.com 5. Insurance. Before performance can begin under this Agreement, the Supplier must deliver .a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at. least 30 days' advance written notice of cancellation, material change in coverage,or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurancerequirements are as stated in Attachment C; the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of products to be provided by the Supplier over a period of time, the City will exercise its right to specify time, place and quantity of products to be delivered in the following manner: any City department or division may send to Supplier a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and products will remain with the Supplier until such time as the products are delivered and accepted by the City. 7. Inspection and Acceptance. Any products that are delivered but not accepted by the City must be corrected or replaced immediately at no charge to the City. If immediate correction or replacement at no charge cannot be made by the Supplier, a replacement product may be bought by the City on the open market and any costs incurred, including additional costs over the item's bid price, must be paid by the Supplier within 30 days of receipt of City's invoice. 8. Warranty. The Supplier warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Supplier warrants that it has clear title to the products and that the products are free of liens or encumbrances. In addition; the products purchased under this City of Corpus Christi Page 2 of 7 Supply Agreement Standard Form Approved as to Legal Form 7/1/16 Agreement shall be warranted by the Supplier or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety: 9. Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than itsactual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator 10: Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City,which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and :it is within the, sole discretion of the City's .City Council to determinewhether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City. Council's sole discretion when adopting each budget. 11. Independent Contractor. Supplier will perform the work required by this :Agreement as ah independent contractor and will furnish such products in its own manner and method, and under no circumstances or conditions will any agent,servant or employee of the Supplier be considered an employee of.the City. . 12: Subcontractors. Supplier may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Supplier must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid. In using subcontractors,the Supplier is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Supplier. All requirements set forth as part of this Agreement, including the necessity of providing a 001 in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Supplier and its employees had performed the work. 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. City of Corpus Christi Page 3 of 7 Supply Agreement Standard Form Approved as to Legal Form 7/1116 14. Waiver.. No waiver by eitherparty of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The.Supplier covenants to pay payroll "taxes, Medicare taxes, FICA taxes; unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof:of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must. be given by fax, hand delivery, or certified mail,-postage prepaid, and is deemed received. on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows:: IF TO CITY: City of f Corpus Christi Attn: Diana Zertuche Contract Administrator/Funds Administrator 13101 Leopard St., Corpus Christi,Texas 78410 Fax: (361) 826-4488 IF TO SUPPLIER: Chem_ trade Chemicals US LLC Attn: Parul Kachhia -Patel Marketing Specialist 90 East Halsey Road, Parsippany, NJ 07054 Fax: (973) 515-4461 17. SUPPLIER AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE. CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS; CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING DEATH AND WORKERS' COMPENSATION CLAIMS), PROPERTY LOSS OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE City of Corpus Christi: Page 4 of 7 Supply Agreement Standard Form Approved as to Legal Form 7/1/16 CONCURRENT OR CONTRIBUTORY NEGLIGENCE OF INDEMNITEES, BUT NOT IF BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON. SUPPLIER MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER • COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF SUPPLIER UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Supplier's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Supplier written notice of the breach and set out.a reasonable opportunity to cure. If the Supplier has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Supplier. The City Manager may also terminate this Agreement upon 24 hours written notice to the Supplier for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Supplier, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Supplier is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, City of Corpus Christi Page 5 of 7 Supply Agreement Standard Form Approved as to Legal Form 7/1/16 • but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: • A. this Agreement and its attachments B. the bid solicitation document, including addenda (Exhibit 1) C. the Supplier's bid response(Exhibit 2) 22. Certificate of Interested Parties. Supplier agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. Governing Law.This Agreement is subject to all federal,State, and local laws, rules, and:regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for. Nueces County,Texas. 24. Entire Agreement.This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all priornegotiations, arrangements, agreements and understandings, either oral or written, between the.parties. (SIGNATURE PAGE FOLLOWS) City of Corpus Christi Page 6 of 7 Supply Agreement Standard Form Approved as to Legal Form 7/1/16 SUPPLIER C MT AD /" i CA S L Signature: Printed Name: PARUL KACHHIA-PATEL Title: MARKETING SPECIALIST Date: MAY 3, 2017 CITY OF CORPUS CHRISTI Signature: _ 1 '-- p — Printed Name: 1 - i w•-•c,_ Title: !�nn r 0 c(f e .Y1C +--,r, ^.___ Date: . 611/ /7 ATTEST: -14 REBECCA HUERTA CITY SECRETARY Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B:. Bid/Pricing Schedule Attachment C: Insurance Requirements. Attachment D: Warranty Requirements Incorporated by Reference Only: J4 . L.Q7 i nutoi IlY COUNCIL 5.1. ?JJ Exhibit 1: RFB No. 1072 Exhibit 2: Supplier's Bid Response / ,; . SECRETARv I City of Corpus Christi Page 7 of 7 Supply Agreement Standard Form Approved as to Legal Form 7/1/16 Attachment A: Scope of Work 1.1 General Requirements/Background Information It is the intent of this specification to describe liquid aluminum sulfate to be used for as a primary coagulant for water treatment. Coagulants cause very fine particles to clump together into larger particles that will either settle out in the sedimentation basins or will be removed by the filters. The annual requirement for Liquid Aluminum sulfate_is 13,000 tons using an Aluminum Sulfate solution based on a solution that contains 8.0 percent as AI203. The quantity required is based on the last years' dosage of 300 . pounds liquid per million gallons and treating 27;500,000,000 gallons of water. 1.2 Product Specifications Liquid Aluminum Sulfate must contain water soluble aluminumof not less than 4.23 % nor more than 4.5 % as Al or, not less than 8.0 %.nor more than 8.5% as A1203; contains no substances in quantities capable of producing deleterious or injurious effects on the health of those consuming water that has been properly treated with it contains total iron, as Fe203 of not more than 0.027%; contains insoluble matter of not more than 0.2%; does not contain Arsenic in excess of 1.00 mg/kg. A. Water treating chemicals must conform to: 1. American National Standards Institute/National (ANSI) Sanitation Foundation Institute Standard for Drinking Water - Treatment Chemical - Health Effects, ANSI/NSF 60. 2. American National Standards Institute/American Water Works Association standard for Aluminum Sulfate (Liquid) ANSI/AWWA B403-03. 3. The liquid aluminum sulfate solution shall be watery clear white to clear in color and shall not have any hue (red, green, yellow, blue, black, or brown). 4. Per AWWA requirements the liquid aluminum sulfate solution shall have a total organic carbon (TOC) content of 30 mg/L or less. 5. The liquid aluminum sulfate solution shall be free from all odors. 6. Any deviation from the following shall be grounds for returning the material to the supplier at their cost. 1.3 Delivery and Weighing Requirements A. Each shipment shall be in approximately 4,000-gallon tank truck lots. B. Each chemical shipment must be weighed by local certified weighers before delivery to and after unloading at the O.N. Stevens Water Treatment Plant. The truck driver must promptly deliver chemical shipment weight "ticket" or legible copies to the City of Corpus Christi, Contract Administrator; 13101 Leopard St., Corpus Christi, Texas 78469-9277. C. Deliveries will be made Monday through Friday, 8 A. M. to 5 P. M. only, unless an emergency arises, then the Contract Administrator may approve after hour deliveries. . D. The: Supplier must provide a chemical analysis for each chemical shipment; and the chemical analysis must include the A1203 percentage, specific gravity, pH, Fe mg/1 iter, turbidity NTU and attach a copy of the form for providing the chemical analysis. E. The City will take a sample .of each chemical shipment prior to unloading of the.chemical. Any chemical shipment that has an odor or a hue (red, green,. yellow, blue, black, or brown) will be rejected. Amber green is acceptable. F. If any chemical shipment has a total organic carbon (TOC) content of more than 30 mg/1 or any other contaminants, the Supplier must: remove all chemical from the tank into which the chemical with more than 30mg/1 TOC or any other contaminants was unloaded; clean the tank and properly dispose of all removed chemical; and provide a new chemical shipment at its sole cost. 1.4 Ownership City's ownership of the Liquid Aluminum Sulfate begins, upon completion of unloading of the chemical at the O. N. Stevens Water Treatment Plant. 1.5 Supplier Quality Control and Superintendence The Supplier shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Supplier will • also provide supervision of the work to insure it complies with the contract requirements. 1.6 Billing The Supplier must base billing and pay quantity for each chemical shipment on 'local" certified weight tickets for delivery of Liquid Aluminum Sulfate. The City may reject any chemical shipments containing less than 8.0 percent Or more than 8.5 percent as not meeting specifications for A1203. Attachment B: Bid/Pricing Schedule CITY OF CORPUS CHRISTI N BID FORM . kj PURCHASING DIVISION 0 WO. a RFB No 1072 Liquid Aluminum Sulfate for Water Treatment PAGE 1 QF 1 Date: MARCH 8, 2017 • CHEMTRADE CHEMICALS US Authorized 7) Bidder / _ Signature: LLC PARUL KACHHIA-PATEL .MARKETING SPECIALIST 1. Referto"Instructions to.Bidders"and Contract Terms and Conditions before completing bid. 2. Quote your best price for each Item. 3. In submitting this:bid,Bidder certifies that: a. the prices in this bid have been arrived at independently,without consultation. communication, or agreement with any other Bidder or competitor for the purpose of restricting competition with regard to prices: b. Bidder is an Equal Opportunity Employer and the Disclosure of Interest information on file with City's purchasing office,:purSuaht to the Code of Ordincinces,is current and true. c. Bidder is current with all taxes due and company is In good standing with all required governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. Item -•" UNIT QTY ' Unit Pike Total Price 1: liquid Aluminum Sulfate Wet 13.000 1$117.86 $1,532,180.)0 Coagulant tons 'FOR CONVERSION PURPOSES ONLY, PRICE EQUATES TO $243.00 PER DRY TON. SAMPLE SENT UNDER SEPARATE ENVELOPE ON MARCH 10TH. • ATTACHMENT C: INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained. and such insurance has been approved by the City. .Contractor must not allow any subcontractor, to commence work until all similar insurance required of the subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administrator one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance.: TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of Bodily Injury and Property Damage cancellation, non-renewal, material Per occurrence- aggregate change or termination required on all certificates and policies. COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence including: $2,000,000 Aggregate 1. Commercial Broad Form 2. Premises-Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury-Advertising Injury AUTO LIABILITY (including) $1,000,000 Combined Single Limit 1. Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS'S COMPENSATION Statutory and complies with Part II of (All States Endorsement if Company is not this domiciled in Texas) Exhibit. Employer's Liability . • $500,000/$500,000/$500,000 POLLUTION LIABILITY $1,000,000 Per Incident Limit (Including Cleanup and remediation) $1,000,000 Aggregate C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees,. Contractor must ° obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of .Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be a required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and .any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and With an A.M. Best's rating of no less than A-VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi,TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regardto operations, completed Operations, and activities of or on behalf of the named insured performed under contract with the. City, with: the exception of the workers' compensation policy; • Provide for an- endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium:. E. Within five (5) calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractors performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain.any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractors insurance shall be deemed primary and. non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2017 Insurance Requirements City of Corpus Christi-Purchasing Division Liquid Aluminum Sulfate Delivery 03/03/17 sw Risk Management L Attachment D: Warranty Warranty requirements are not needed for the Supply Agreement 1 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2017-201668 CHEMTRADE CHEMICALS US LLC Parsippany,NJ United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 05/03/2017 being filed. CITY OF CORPUS CHRISTI Date Ackn ledged:'r �r v 3 Provide the identification number used by the governmental entity or state agency to track or identifyth�tract,and provide a description of the services,goods,or other property to be provided under the contract. 1072 SUPPLY OF LIQUID ALUMINUM SULFATE 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear,o affirm under penalty of p 'ury,that the above di re is true and correct. v tG 6.44/ Signature of authorized agent of contracting business entity PARUL KACCHIA-PATEL, MARKETING SPECIALIST AFFIX NOTARY STAMP/SEAL ABOVE Sworn to and subscribed before me,by the said PARUL KACHHIA-PATEL ,this the 3RD day of MAY , 20 17 ,to certify which,witness my hand and seal of office. Mary R Culver Notary Publics New Jersey My Oarpallaglon Exoires 10.2141 Signat)z7f officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883