WA1801-CN180917T H E• C I T Y O F
C
T
X
A S v 0 -t 8
Bill To
Accounts Payable
P.O. Box 9478
COPPELL, TX 75019
Ship To
City of Coppell
Utility Department
816 S. Coppell Rd.
Coppell, TX 75019
Vendor 4894 ALAN PLUMMER ASSOCIATES, INC.
Contact
ALAN PLUMMER ASSOCIATES, INC.
1320 S UNIVERSITY DR #300
FORT WORTH, TX 76107
Page 1 of 1
Reprint Purchase Order
No. 2018-00005693
09/14/18
Deliver by
Ship Via
Freight Terms
Originator Jennifer Cook
Resolution Number PROJECT NUMBER: 2018-
225-00
Quantity
U/M
Description
Unit Cost
Total Costl
1.0000
EA
OTHER PROFESSIONAL SERVICES
$492381.0000
$49,381.00
Item Description BETHEL ROAD WATERLINE. DESIGN CONTRACT FOR
Detail Description REPLACEMENT OF WATERLINE.
G/L Account Project
02-03-17 4220 (Other Professional Servic)
Amount Percent
100.00%
Total Due $49,381.00
• All purchase orders are subject to the terms and conditions of the City of Coppell. The terms and conditions are
located on the City website. http://www.coppelltx.gov/government/departments/purchasine
• Purchase order number must appear on all invoices, shippers, bill of lading and correspondence.
I Instructions
City of Coppell Engineering Department
Routing Sheet for Approval of Contracts and Agreements
Vendor Name:
Date: q 'Lill
I
y r
Contracted Work/Project: VtA4naA "P -D Vi e-+ r)e.
Explanation:
Council Approved: Yes /( j If yes, Date:
Ethics Certificate Required: Yes / No
0 New Vendor
Routing Sequence:
Budget Approved: Y�) No
If)
, Copy is Attached: Yes / No
Existing Vendor
r
1. Employee initiating contract/agreement:
(Include W-9 & ClQform if vendor is not in system.)
2. Supervisor Authorization:
Renewing Contract
Initials Date
I'Yi k �G- mac, 17
3. Purchasing Manager/Technician:
(Signature needed only if vendor is new to system or contract has been changed since last time used)
4. Director of Engineering Authorization: Kent Collins
5. Deputy City Manager Authorization:
Comments:
6. City Manager:
Comments:
rl
Traci Leach
Mike Land
Originals back to Administrative Manager: Kyra Jansen
8. Copy of contract/agreement to Jennifer Miller: YES / NO
Agreement for Professional Services APAI Proiect No. 2018-225-00
ALAN PLUMMER ASSOCIATES, INC.
AGREEMENT FOR ENGINEERING CONSULTING SERVICES
Project No. 2018-225-00
THIS AGREEMENT is made and entered into as of the
dayof , 2018, by
and between the CITY OF COPPELL, (hereinafter called "Owner") and the firm of ALAN PLUMMER
ASSOCIATES, INC., a Texas Corporation with its corporate office at 1320 South University, Suite 300, Fort Worth,
Tarrant County, Texas, (hereinafter called "Engineer").
OWNER INFORMATION
Name: City of Cogqell Contact: Mr. Mike Garza
Billing Address: 816 S. Cogqell Rd. Title: Asst. Director of Public Works
Cogqell, Texas 75019 Telephone: 972-304-3681
NOW, THEREFORE, in consideration of the premises and mutual covenants contained herein, Owner and
Engineer agree as follows:
SCOPE OF SERVICE:
Owner requests and authorizes Engineer to perform BASIC ENGINEERING SERVICES to and as further
described in Exhibit A, "Scope of Services," and hereinafter called the Project as set forth in this Agreement.
GENERAL TERMS AND CONDITIONS:
1. Authorization to Proceed
Execution of this Agreement by the Owner will be authorization for ALAN PLUMMER AND ASSOCIATES, INC.
("Engineer") to proceed with the work, unless otherwise provided for in this Agreement.
2. Salary
Costs
Engineer's Salary
Costs, when the basis of compensation, are the amount of wages or salaries paid Engineer's
employees for work directly performed on Owner's Project plus a percentage applied to all such wages or salaries
to cover all payroll -related taxes, payments, premiums, and benefits.
3. Per Diem Rates
Engineer's Per Diem Rates, when the basis of compensation, are those hourly or daily rates charged for work
performed on Owner's Project by Engineer'semployees of the indicated classifications. These rates aresubjectto
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Agreement for Professional Services APAI Proiect No. 2018-225-00
annual calendar year adjustments and include all allowances for salary, overheads, and fee, but do not include
allowances for Direct Expenses.
4. Direct Expenses
Engineer's Direct Expenses, when part of the basis of compensation, are those costs incurred on or directlyfor the
Owner's Project, including, but not limited to, necessary transportation costs, including Engineer's current rates for
Engineer's vehicles; meals and lodging; laboratory tests and analyses; computer services; word processing
services, telephone, printing, binding, and reproduction charges; all costs associated with outside consultants,
subconsultants, subcontractors, and other outside services and facilities; and other similar costs. Reimbursement
for Direct Expenses will be on the basis of actual charges when furnished by commercial sources and on the basis
of current rates when furnished by Engineer.
5. Cost Opinions
Any cost opinions or Project economic evaluations provided by Engineer will be on a basis of experience and
judgment; but, since it has no control over market conditions or bidding procedures, Engineer cannot warrant that
bids, ultimate construction cost, or Project economics will not vary from these opinions.
6. Termination
This Agreement may be terminated for convenience upon 30 days' written notice by either party with or without
cause. On termination, Engineer will be paid for all work performed up to the date of notification. If no notice of
termination is given and termination is not for cause, relationships and obligations created by this Agreement,
except Articles 9 through 16, will be terminated upon completion of all applicable requirements of this Agreement.
7. Compensation
Owner shall pay Engineer for Basic Services, Special Services, and Additional Services rendered in accordance
with the provisions of Exhibit A.
Monthly invoices will be issued by Engineer for all work performed under this Agreement. Invoices are due and
payable on receipt. Interest at the rate of 1-1 /2 percent per month, or that permitted by law if lesser, will be
charged on all past -due amounts starting 30 days after date of invoice. Payments will first be credited to interest
and then to principal.
In the event of a disputed or contested billing, only that portion so contested will be withheld from payment, and the
undisputed portion will be paid. The Owner will exercise reasonableness in contesting any bill or portion thereof.
No interest will accrue on any contested portion of the billing until mutually resolved.
8. Insurance
Engineer, as a minimum, shall maintain insurance of a form and in amounts as required by state law and as set
forth in the attachment "Insurance and as set forth in Exhibit B, "Insurance". Engineer shall provide proof of said
insurance requirements by attaching a Certificate of Insurance with the executed Agreement.
9. Independent Consultant
Engineer agrees to perform all services as an independent consultant and not as a subcontractor, agent or
employee of the Owner.
10. Engineer's Personnel at the Project Site
The presence or duties of the Engineer's personnel at the Project site, whether as on-site representatives or
otherwise, do not make the Engineer or its personnel in any way responsible for those duties that belong to Owner
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Agreement for Professional Services APAI Proiect No. 201&225-00
andlor to other contractors, subcontractors, or other entities, and do not relieve the other contractors,
subcontractors, or other entities of their obligations, duties, and responsibilities, including, but not limited to, all
methods, means, techniques, sequences, and procedures necessaryfor coordinating and completing all portions
of the work of those parties in accordance with their contract requirements and any health or safety precautions
required by such work. The Engineer and its personnel have no authority to exercise any control over any
contractor, subcontractor, or other entity or their employees in connection with their work or any health or safety
precautions and have no duty for inspecting, noting, observing, correcting, or reporting on health or safety
deficiencies of any contractor, subcontractor, or other entity or any other persons at the Project site except
Engineer's own personnel.
Engineer neither guarantees the performance of any contractors, subcontractors or other entities nor assumes
responsibility for their failure to perform their work in accordance with their contractual responsibilities.
11. Litigation Assistance
Unless specifically set forth in the Scope of Services, the Scope of Services does not include costs of the Engineer
for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation or
administrative proceedings taken or defended by the Owner.
All such services required or requested of the Engineer by the Owner, except for suits or claims between the
parties to this Agreement, will be reimbursed as may be mutually agreed, and payment for such services shall be in
accordance with Section 7, unless and until this is a finding by a court or arbitrator that Engineer's sole negligence
used Owner's damage.
12. Venue
In the event that any legal proceeding is brought to enforce this Agreement or any provision hereof, the same shall
be brought in Tarant County, Texas, and shall be governed by the laws of the State of Texas.
13. Severability and Survival
If any of the provisions contained in this Agreement are held illegal, invalid or unenforceable, the enforceability of
the remaining provisions shall not be impaired thereby. Limitations of liability and indemnities shall survive
termination of this Agreement for any cause.
14. Interpretation
The limitations of liability and indemnities will apply whether Engineer's liability arises under breach of contractor
warranty; tort, including negligence; strict. liability; statutory liability; or any other cause of action, except for willful
misconduct or gross negligence for limitations of liability and sole negligence for indemnification, and shall applyto
Engineer's officers, affiliated corporation, employees and subcontractors. The law of the state of Texas shall
govern the validity of this Agreement, its interpretation and performance, and any other claims related to it.
15. No Third Part
y Beneficiaries
This Agreement gives no rights or benefits to anyone other than the Owner and Engineer and has no third party
beneficiaries. The Owner will include a provision in each agreement which Owner enters into with any other entity
or person that such entity or person shall have no third -party beneficiary rights under this Agreement.
Engineer's services are defined solely by this Agreement, and not by any other contract or Agreement that maybe
associated with the Project.
16. Indemnity and Liability
To the fullest extent permitted by law, Engineer shall indemnify and hold harmless Owner and their officers,
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Agreement for Professional Services APAI Proi ect No. 201M2M0
directors, members, partners, agents, consultants, and employees from reasonable claims, costs, losses, and
damages arising out of Engineer's negligent act or omission of Engineer,. its consultants, or their officers, directors,
members, partners, agents, or employees on services performed under this Agreement provided that any such
claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injuryto or destruction
of tangible property (other than the Work itself), including the loss of use resulting therefrom. It is specifically
understood and agreed that in no case shall the Engineer be required to pay an amount disproportional to
Engineer's culpability, or any share of any amount levied to recognize more than actual economic damages
Engineer will strive to perform services under this Agreement in a manner consistent with that level of care and skill
ordinarily exercised by members of the profession currently practicing similar work in the same locality under
similar conditions during the same time. Engineer makes no warranties, express or implied, underthis Agreement
or otherwise, in connection with any services performed or furnished by Engineer. Engineer's services shall be
governed by the negligence standard for professional services, measured as of the time those services are
performed.
The Owner's review, approval, or acceptance of, or payment for, any of these services shall not be construed to
operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performances of
this Agreement, and the Engineer shall be and remain liable in accordance with applicable law for all damages to
the Owner caused by Engineer's omissions or negligent performance of any of the services furnished under this
Agreement.
To the maximum extent permitted bylaw, Engineer's liabilityfor Owner damages for any cause or combination of
causes will, in the aggregate, not exceed the limits of the Engineer's professional liability insurance coverage.
As used herein, Engineer includes the corporation., subcontractors, and any of its or their officers, or employees.
As between the Owner and the Engineer, any contract claim must be brought within four years from the: day
following the act or omission giving rise to the breach of contract claim.
17. Documents and Notices
Contract. documents, reports, plans, specifications, memorandums., or other delivered documents (furthermore
known as Documents), in printed paper format (also known as hard copies) prepared or furnished by Engineer,
pursuant to this Agreement are instruments of service but shall become the property of the Owner subject to
Engineer's receipt of full payment for all services relating to preparation .of the Documents. Engineer shall have the
right to retain copies of Documents for information and reference. Signed and sealed printed form documents and
plans shall be deemed superior and shall govern over same electronic format documents.
Contracted notices required by this Agreement shall be made in writing and shall be delivered by:
a. person;
b. overnight courier with written verification of receipt;
c. electronic communication; or
d. certified mail, return receipt requested.
18. _Assignment
Neither -Part
y will assign all or any part of this Agreement without prior written consent to the other party.
Exhibit A —Scope of Serv
ices and Compensation
Exhibit B —Insurance
By execution of this :Agreement, Owner authorizes Engineer to provide Basic Services for the Project. in
accordance with Exhibit A, "Scope of Services." Services covered by this Agreement will be performed in
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Alan Plummer Associates, Inc.
Agreement for Professional Services APAI Proiect No. 2018-225-00
accordance with the Provisions attached to this form and any other attachments or schedules. This Agreement
supersedes all prior Agreements and understandings and may only be changed by written amendment executed by
both parties.
IN W ITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the day and yearfirst
written above.
Alan Plummer Associates, Inc.
i dil a wR <
fatesI
Date / / ~ /
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Agreement for Professional Services APAI Project No.: 2018-225-00
EXHIBIT A
SCOPE OF SERVICES AND COMPENSATION
W BETHEL RD WATER LOOP DETAIL DESIGN
I. Background
To complete the water distribution system water loop along W Bethel Rd, approximately 500
linear feet of 16 -inch diameter pipe is needed. The connection will begin near 234 W Bethel
Rd and extend to the east side of Penfolds Ln intersection. The 500400t section will include
up to three bores.
II. BASIC SERVICES:
Basic Services provided by the ENGINEER shall generally be covered under the following
activities:
Activity A — Project Coordination
Activity B — Data Collection and Field Investigation
Activity C — Detail Design
Activity D — Construction Phase Services
Specific tasks for each activity are identified in the following sections.
Activity A —Project Coordination
Task 1 —Project Management
Provide- project management for Activities A — D. Project management shall include, but not be
limited to, developing and implementing a project management plan; tracking and managing
internal schedules of work; monitoring and addressing issues related to the scope of work, budget
and deliverables; preparing and processing monthly billings; providing labor resources necessary
to fulfill scoped work; scheduling and participating in one quality control review; and providing
updates to the OWNER. ENGINEER anticipates 60 days to complete field survey, and submit
90% design plans to the OWNER for review and comment.
Deliverables:
• Monthly invoices, with supporting documentation
Task 2 —Kickoff Meeting and Meeting Preparation
Project Kickoff Meeting: ENGINEER shall prepare for and participate in a Project Kickoff Meeting
to confirm the scope of work, deliverables, schedule, critical project milestones, and success
factors. During the kickoff meeting, the ENGINEER shall gather information from OWNER's staff
about the location of existing waterlines in the area. Also, review as -built plans of improvements
made to W Bethel Rd., specifically storm water, sanitary sewer, waterlines and retaining walls.
Deliverables:
• Project Schedule
• Draft and Final Meeting Notes
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Agreement for Professional Services APAI Project No. 2018-225-00
Activity B — Data Collection and Field Investigation
Task 1 — Data Collection
The ENGINEER shall review the available data including but not limited to:
a. City GIS information
b. As-builts for W Bethel Rd improvements
Task 2 —Field Investigation
1. Conduct topographic survey (see details of survey description below). OWNER to obtain
right of entry on private property for field surveying adjacent to W Bethel Rd Rights -Of -
Way. ENGINEER to provide sample right of entry letter.
2. Confirm GIS and as -built data in the field.
Activity C —Detail Design
Task 1 —Development. Detail. Design
1. Review topographic -survey of the site, including all improvements.
2. If available, review related Geotechnical Reports provided by the OWNER.
3. Based on existing waterlines and other utilities, layout proposed connections to the
existing water system. Special attention will be given to make proposed connections
outside of paved areas.
4. Develop plan and profile plan sheets along with standard detail sheets, and details for
appurtenances.
5. Compile specifications for the waterline and connections.
6. Compile Bid Proposal.
7. The plans, specifications, and Bid Proposal will be developed with the understanding the
OWNER will forward the information to a construction contractor working for the City to
obtain pricing for the proposed W Bethel Rd. water loop.
Task 2 —Design Review With OWNER
1. ENGINEER -will submit 90% plans, specification, and Bid. Proposal forthe DWNER's
review and comment.
2. Meet with the OWNER to review OWNER Is comments. Incorporate review comments
and submit final plans, specifications, and Bid Proposal to OWNER.
Deliverables
• 90% Detail: Design Plans, Specifications, and Bid Proposal
• Final Detail Design Plans, Specifications, and Bid Proposal
Activity D —Construction Phase Services
Under this Activity the ENGINEER will provide services for Task A or Task B as written:
Task A -The: OWNER will forward Final Detail Design Plans, Specifications, and Bid Proposal to
a construction contractor that is working forthe City. It is anticipated that the OWNER will issue a
change order to an existing construction project for the proposed water loop installation.
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Agreement for Professional Services APAI Project No.: 2018-225-00
1. ENGINEER will meet with the OWNER and construction contractor to review the W Bethel
Rd water loop design and answer any questions.
2. ENGINEER will review construction contractor's Bid Proposal submittal to the OWNER
and make a recommendation.
3. During construction activities, ENGINEER will visit the construction of the W Bethel Rd
water loop, up to two times, to view progress and answer any questions.
4. ENGINEER will review up to three material submittals furnished by the contractor during
the construction phase services.
5. OWNER will request record drawings from the construction contractor for OWNER's
records.
Task B -Upon acceptance by OWNER of the final design and bid documents, and upon
written authorization by OWNER to proceed, ENGINEER shall:
1. Assist the prospective bidders in interpreting the plans and specifications through the
preparation and issuance of addenda to clarify, correct or change the bid documents.
The Engineer will prepare up to two (2) addenda to response to Contractor's questions.
2. The Engineer will Assist the OWNER in the tabulation, analysis of the bids received and
furnish recommendations on the award of the contracts or the appropriate actions to be
taken by the OWNER.
3. Provide to the OWNER the Bid Tabulations.
4. Provide to the OWNER a recommendation letter for City Council award to Contractor.
5. Assist the OWNER in the preparation of formal contract documents for the Work, by
preparing Conformed Construction documents that incorporate any addenda issued
during the bid phase and to prepare the construction documents for signatures by the
OWNER and the Contractor.
6. Under Task B, support
ing the OWNER during construction activities will be provided
thI ough a separate Engineering Agreement.
III. Survey Description to be Conducted as Basic Services
Area to survey generally begins in front of the property at 234 W Bethel Rd and extends to the
east side of Penfolds Ln intersection. The limits of survey will extend onto private property along
the W Bethel Rd ROW. Horizontal and vertical surface features; waterlines, sewer lines, and
drainage features; validation of record drawing dimensions, and more specially meet the following
survey scope of work:
a. Utility coordination. Prior to commencing any topographic fieldwork, surveyor will coordinate
with, collect and review available public and private utility records within the project limits. The
surveyor will submit a utility locate request for the project limits to Texas 811.
b. City Owned Utilities shall be located and tied together accordingly (water, wastewater, storm
sewer, and telephone/fiber} and associated appurtenances including but not limited to:
manholes, cleanouts, meters, services, isolation valves, blow -offs, fire hydrants, inlets,
junction boxes, headwalls, wingwalls, rip -rap aprons, and all other appurtenances. Survey
shall denote size, material type, and flow direction as applicable. Accessible utility
manholes/vaults shall be detailed identifying: structure size, material type, rim elevations,
Alan Plummer Associates, Inc. A-3
Agreement for Professional Services APAI Project No.: 2018-225-00
measure downs and corresponding flow line and top of pipe elevations for visible pipe all
penetrations. Upstream and downstream sanitary and storm sewer rim and invert data shall
be included.
c. Right -of -Way and Property Survey will locate and tie existing ROW, property lines and
easements including type, size, volume and page, where applicable.
d. Survey will horizontally and vertically pick up surface features; drainage features; building
locations; fences/retaining walls; trees and/or tree lines; roadways; railways; and city, county
and franchise utilities (as provided by Texas 811 utility locate request) within the project area.
e. Fences and retaining walls surveyed shall include location, height, and material type for
fences located in the project limits.
f. The survey of trees shall include caliper size trunks approximately 6 -in and larger. Based on
the judgement of the ENGINEER the edge (tree line) of groups of trees or shrubs may be
substituted for the survey of all trees within heavily wooded areas. In such areas the
ENGINEER shall survey trees that exceed 12 -in caliper size. Identification of tree species
beyond that provided under Basic Services shall be provided as an Additional Service.
g. Methods and precision. Survey coordinates will be reported on the Texas State Plane
Coordinate System, NAD83 (+/- 0.01 feet) with vertical coordinates reported in the NAVD 88
Vertical System (+/- 0.01 feet). Horizontal and vertical control will be set using post -processed
GPS static methods. Data will be collected using RTK GPS and robotic total stations for the
majority of the survey.
h. ENGINEER will research boundaries, subdivision plats, rights-of-way (ROW) and easements
OT which the surveyor has knowledge, which may affect the physical boundaries of the project.
Easements with volume and page numbers will be identified and labeled in the survey
submittal. Research will include public record resources, including but limited to: county
records; TxDOT records; franchise utility records (gas, telephone, electric, cable and others);
ownership or easement records as available; and title/abstracting reports from owner on
proposed easement parent tracts.
i. The budget for survey established in this contract assumes full ground survey of the project
limits. The survey work is included in Basic Services.
Deliverables
• Topographic Survey
o CAD Format: AutoCAD Civi13D 2013 format CAD files
o Project Scale: 40 scale
o Base Map: An electronic base map at 1:1 scale (base unit US Survey Foot)
containing pertinent topographic field data will be prepared.
o APAI CAD Drafting Standards including layers and styles to be used.
o Text will be oriented with North being true reading West to East.
o The base map shall be in AutoCAD DWG format,
o DTM generated contours shall have one foot minor and five foot major intervals
o XML surface file, defining the AutoCAD Civil 3D surface.
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Agreement for Professional Services APAI Project No.: 2018-225-00
V. ADDITIONAL SERVICES
No budget allowance is provided for ADDITIONAL SERVICES. If funded by the OWNER, various
ADDITIONAL SERVICES incidental to the Project, but not within the scope of the Basic
Engineering Services covered, which may be performed or arranged for separately by the
OWNER, or may be added to the Engineer's responsibilities by mutual agreement and written
authorization, include, but are not necessarily limited to, the following:
a. Additional site visits for Investigation beyond those provided above.
b. Additional site visits during construction phase services.
c. Supporting the OWNER. with preparation of record drawings after construction.
d. Investigation associated with condition assessment of the water distribution system.
e. GIS processing of geophysical and/or geotechnical data beyond the assumptions
provided above.
f. Preparing applications and supporting documents for grants, loans, or planning advances
for providing data for detailed applications.
g. Providing additional copies of reports, plans, specifications, and contract documents
beyond those specifically described above.
h. Public relation activities and consulting services.
i. Preparing construction documents to bid the water loop as a separate construction
Project.
j. Other services not included in Basic Services that are approved by the OWNER.
V. COMPENSATION
OWNER will compensate ENGINEER on a lump basis for the SERVICES described above in
BASIC ENGINEERING SERVICES for a total amount of $49.381. All direct non -labor expenses,
including survey, mileage, and travel are included in the BASIC ENGINEERING SERVICES,
The ENGINEER may submit interim statements,. not to exceed one per month, for partial payment
for SERVICES rendered. The statements to OWNER will be by percentage of work actually
completed. The OWNER shall make interim payments within 30 calendar days in response to
ENGINEER's interim statements.
No budgetary
allowance has been established for Additional Services.. Additional services must
be authorized by amendment of the agreement.
VI. SCHEDULE
The time period for performance of BASIC SERVICES of ENGINEER as detailed above shall be
completed within 180 days of the execution date of this Agreement. The time period is dependent
upon the construction contractor completing the project in a timely manner.
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for Professional Services APAI Proiect No.: 2018-225-00
EXHIBIT B
INSURANCE
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