11-0101 Trotter and Assoc. Unsigned ‘‘•-• 010k
AGREEMENT
THIS AGREEMENT is made and entered into this day of
2011,by and between the CITY OF ELGIN,an Illinois municipal corporation(hereinafter referred to
as "CITY") and Trotter and Associates, Inc., an Illinois corporation (hereinafter referred to as
"ENGINEER").
WHEREAS, the CITY desires to engage the ENGINEER to furnish certain professional
services in connection with the Lord Street CSO Basin Green Infrastructure Retrofit Project
(hereinafter referred to as the"PROJECT"); and
WHEREAS,the ENGINEER represents that it is in compliance with Illinois Statutes relating
to professional registration of individuals and has the necessary expertise and experience to furnish
such services upon the terms and conditions set forth herein below.
NOW, THEREFORE, for and in consideration of the mutual promises and covenants
contained herein, and other good and valuable consideration, the sufficiency of which is hereby
acknowledged,it is hereby agreed by and between the CITY and the ENGINEER that the CITY does
hereby retain the ENGINEER to act for and represent it in all engineering matters involved in the
PROJECT, subject to the following terms and conditions and stipulations, to-wit:
1. SCOPE OF SERVICES
A. All work hereunder shall be performed under the direction of the Director of the
Water Department of the CITY, herein after referred to as the"DIRECTOR."
B. The PROJECT relates to the installation of green infrastructure features within the
Lord Street CSO Basin area pursuant to a grant to the CITY from the Illinois
Environmental Protection Agency through the Illinois Green Infrastructure Grant
program. The green infrastructure features will consist of stormwater best
management practices (stormwater BMPs) designed to intercept and infiltrate
stormwater runoff before it enters the combined sewers, which service the project
area. The BMPs will be sited along public rights-of-way in areas where combined
sewer separation is not planned for at least 10 to 15 years. The stormwater BMPs to
be designed and installed shall be either permeable pavers, bioretention basins, or
structural water quality devices(such as those manufactured by Filterra,Inc.). The
ENGINEER shall provide planning,design and construction engineering services for
the PROJECT.
C. A detailed Scope of Services,entitled"Scope of Services- Lord Street CSO Basin
Green Infrastructure Retrofit Project," is attached hereto as Exhibit A and
incorporated herein by this reference.
2. SCHEDULE AND PROGRESS REPORTS
A. An outline project milestone schedule is as follows:
The project is scheduled to begin upon approval and execution of this Agreement.
The project is divided into two phases. Phase I will begin immediately with neighbor
meetings to solicit adjacent landowner buy-in and conclude by June 30,2012 with the
design, permitting and construction of between four and eight BMP basins or
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structural devices. Preliminary design of at least one of the two permeable alleyways
will be completed during this phase as well. Phase 1I will commence in Spring 2012
once construction of Phase I has begun. Phase II will include the additional
neighborhood outreach meetings to secure support for the remaining BMP sites (a
total of at least 34 BMP sites and 2 alleys will be completed between both phases).
Phase II will also include final design and permitting, which will be completed no
later than July 2013, and all construction of remaining green infrastructure features
shall be finished by August 1,2014. Final documents to the IEPA for grant reporting
shall be submitted to the IEPA prior to October 1, 2014.
B. The ENGINEER will submit to the DIRECTOR monthly a status report keyed to the
project schedule. A brief narrative will be provided identifying progress, findings
and outstanding issues.
3. WORK PRODUCTS
All work products prepared by the ENGINEER pursuant hereto including,but not limited to,
reports, designs, calculations, work drawings, studies, photographs, models and
recommendations shall be the property of the CITY and shall be delivered to the CITY upon
request of the DIRECTOR provided, however, that the ENGINEER may retain copies of
such work products for its records. Such work products are not intended or represented to be
suitable for reuse by the CITY on any extension to the PROJECT or on any other project,and
such reuse shall be at the sole risk of the CITY without liability or legal exposure to the
ENGINEER.
4. PAYMENTS TO THE ENGINEER(Not To Exceed Method)
A. For services provided the ENGINEER shall be paid at the hourly rate of personnel
employed on this PROJECT as set forth on Exhibit B, attached hereto and
incorporated herein by this reference,with the total fee not to exceed One Hundred
Thirty-One Thousand Five Hundred Dollars($131,500.00)regardless of the actual
costs incurred by the ENGINEER,unless substantial modifications to the scope of
the work are authorized in writing by the DIRECTOR.
B. For outside services provided by other firms or subconsultants,the CITY shall pay
the invoiced fee to the ENGINEER,plus five percent(5%);provided,however,that
any such invoiced fees shall constitute and be included within the not-to-exceed
amount of$131,500 set forth in paragraph 4.A,above.
C. ENGINEER shall be reimbursed its reimbursable expenses,such as blueprinting and
other reproduction services, at the cost to the ENGINEER, plus ten percent(10%);
provided, however, that any such reimbursed expenses shall constitute and be
included within the not-to-exceed amount of$131,500 set forth in paragraph 4.A,
above.
D. The CITY shall make periodic payments to the ENGINEER based upon actual
progress within thirty(30)days after receipt and approval of invoice. Said periodic
payments to the ENGINEER shall not exceed the amounts shown in the following
schedule, and full payments for each task shall not be made until the task is
completed and accepted by the DIRECTOR:
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• Phase I (Up to 8 BMP sites plus 1 permeable paver alleyway) $51,500.00
• Phase I—Geotechnical Testing(Rubino Engineering, Inc.) $10,600.00
• Phase I1 (Up to 8 BMP sites plus 1 permeable paver alleyway) $61,400.00
• Phase II—Geotechnical Testing $ 7,650.00.
5. INVOICES
A. The ENGINEER shall submit invoices in a format approved by the CITY. Progress
reports(paragraph 2.B, above)will be included with all payment requests.
B. The ENGINEER shall maintain records showing actual time devoted and cost
incurred. The ENGINEER shall permit the authorized representative of the CITY to
inspect and audit all data and records of the ENGINEER for work done under this
Agreement. The ENGINEER shall make these records available at reasonable times
during the Agreement period, and for a year after termination of this Agreement.
6. TERMINATION OF AGREEMENT
Notwithstanding any other provision hereof,the CITY may terminate this Agreement at any
time upon fifteen (15) days prior written notice to the ENGINEER. In the event that this
Agreement is so terminated,the ENGINEER shall be paid for services actually performed
and reimbursable expenses actually incurred prior to termination,except that reimbursement
shall not exceed the task amounts set forth under paragraph 4, above.
7. TERM
This Agreement shall become effective as of the date the ENGINEER is given a notice to
proceed and, unless terminated for cause or pursuant to paragraph 6, shall be deemed
concluded on the date the CITY determines that all of the ENGINEER's work under this
Agreement is completed. A determination of completion shall not constitute a waiver of any
rights or claims which the CITY may have or thereafter acquire with respect to any term or
provision of the Agreement.
8. NOTICE OF CLAIM
if the ENGINEER wishes to make a claim for additional compensation as a result of action
taken by the CITY,the ENGINEER shall give written notice of his claim within 15 days after
occurrence of such action. No claim for additional compensation shall be valid unless so
made. Any changes in the ENGINEER's fee shall be valid only to the extent that such
changes are included in writing signed by the CITY and the ENGINEER. Regardless of the
decision of the DIRECTOR relative to a claim submitted by the ENGINEER, all work
required under this Agreement as determined by the DIRECTOR shall proceed without
interruption.
9. BREACH OF CONTRACT
If either party violates or breaches any term of this Agreement,such violation or breach shall
be deemed to constitute a default, and the other party has the right to seek such
administrative, contractual or legal remedies as may be suitable to the violation or breach;
and, in addition, if either party, by reason of any default, fails within fifteen (15) days after
notice thereof by the other party to comply with the conditions of the Agreement,the other
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party may terminate this Agreement. Notwithstanding the foregoing or anything else to the
contrary in this Agreement,with the sole exception of the monies the CITY has agreed to pay
to the ENGINEER pursuant to paragraph 4 hereof, no action shall be commenced or
maintained by the ENGINEER against the CITY for monetary damages.
10. INDEMNIFICATION
To the fullest extent permitted by law,ENGINEER agrees to and shall indemnify,defend and
hold harmless the CITY,its officers,employees,agents,boards and commissions from and
against any and all claims, suits,judgments, costs, attorneys fees, damages or other relief,
including but not limited to workers compensation claims, in any way resulting from or
arising out of negligent actions or omissions of the ENGINEER in connection herewith,
including negligence or omissions of employees or agents of the ENGINEER arising out of
the performance of this Agreement. In the event of any action against the CITY,its officers,
employees, agents, boards or commissions, covered by the foregoing duty to indemnify,
defend and hold harmless such action shall be defended by legal counsel of the CITY's
choosing. The provisions of this paragraph shall survive any expiration and/or termination of
this Agreement.
11. NO PERSONAL LIABILITY
No official,director,officer,agent or employee of the CITY shall be charged personally or
held contractually liable under any term or provision of this Agreement or because of their
execution, approval or attempted execution of this Agreement.
12. INSURANCE
A. Comprehensive Liability. The ENGINEER shall provide,pay for and maintain in
effect,during the term of this Agreement,a policy of comprehensive general liability
insurance with limits of at least $1,000,000 aggregate for bodily injury and
$1,000,000 aggregate for property damage.
The ENGINEER shall deliver to the DIRECTOR a Certification of Insurance naming
the CITY as additional insured. The policy shall not be modified or terminated
without thirty(30)days prior written notice to the DIRECTOR.
The Certificate of Insurance which shall include Contractual obligation assumed by
the ENGINEER under Article 10 entitled"Indemnification"shall be provided.
This insurance shall apply as primary insurance with respect to any other insurance or
self-insurance programs afforded to the CITY. There shall be no endorsement or
modification of this insurance to make it excess over other available insurance,
alternatively,if the insurance states that it is excess or prorated,it shall be endorsed
to be primary with respect to the CITY.
B. Comprehensive Automobile Liability. Comprehensive Automobile Liability
Insurance covering all owned,non-owned and hired motor vehicles with limits of not
less than$500,000 per occurrence for damage to property.
C. Combined Single Limit Policy. The requirements for insurance coverage for the
general liability and auto exposures may be met with a combined single limit of
$1,000,000 per occurrence subject to a$1,000,000 aggregate.
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D. Professional Liability. The ENGINEER shall carry Engineers Professional Liability
Insurance Covering claims resulting from error, omissions or negligent acts with a
combined single limit of not less than $1,000,000 per occurrence. A Certificate of
Insurance shall be submitted to the DIRECTOR as evidence of insurance protection.
The policy shall not be modified or terminated without thirty(30)days prior written
notice to the DIRECTOR.
13. CONSTRUCTION MEANS, METHODS, TECHNIQUES, SEQUENCES,
PROCEDURES AND SAFETY
The ENGINEER shall not have control over or charge of and shall not be responsible for
construction means,methods,techniques,sequences or procedures,or for safety precautions
and programs in connection with the construction,unless specifically identified in the Scope
of Services.
14. NONDISCRIMINATION
In all hiring or employment made possible or resulting from this Agreement,there shall be no
discrimination against any employee or applicant for employment because of sex,age,race,
color,creed,national origin,marital status,of the presence of any sensory,mental or physical
handicap, unless based upon a bona fide occupational qualification, and this requirement
shall apply to, but not be limited to, the following: employment advertising, layoff or
termination,rates of pay or other forms of compensation and selection for training,including
apprenticeship.
No person shall be denied or subjected to discrimination in receipt of the benefit of any
services or activities made possible by or resulting from this Agreement on the grounds of
sex,race,color,creed,national origin,age except minimum age and retirement provisions,
marital status or the presence of any sensory,mental or physical handicap. Any violation of
this provision shall be considered a violation of a material provision of this Agreement and
shall be grounds for cancellation, termination or suspension, in whole or in part, of the
Agreement by the CITY.
15. ASSIGNMENT AND SUCCESSORS
This Agreement and each and every portion thereof shall be binding upon the successors and
the assigns of the parties hereto; provided, however, that no assignment shall be made
without the prior written consent of the CITY.
16. DELEGATIONS AND SUBCONTRACTORS
Any assignment,delegation or subcontracting shall be subject to all the terms,conditions and
other provisions of this Agreement and the ENGINEER shall remain liable to the CITY with
respect to each and every item,condition and other provision hereof to the same extent that
the ENGINEER would have been obligated if it had done the work itself and no assignment,
delegation or subcontract had been made. Any proposed subcontractor shall require the
CITY's advanced written approval.
17. NO CO-PARTNERSHIP OR AGENCY
This Agreement shall not be construed so as to create a partnership, joint venture,
employment or other agency relationship between the parties hereto.
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18. SEVERABILITY
The parties intend and agreed that, if any paragraph,sub-paragraph,phrase,clause or other
provision of this Agreement, or any portion thereof, shall be held to be void or otherwise
unenforceable, all other portions of this Agreement shall remain in full force and effect.
19. HEADINGS
The headings of the several paragraphs of this Agreement are inserted only as a matter of
convenience and for reference and in no way are they intended to define,limit or describe the
scope of intent of any provision of this Agreement, nor shall they be construed to affect in
any manner the terms and provisions hereof or the interpretation or construction thereof.
20. MODIFICATION OR AMENDMENT
This Agreement and its attachments constitutes the entire Agreement of the parties on the
subject matter hereof and may not be changed,modified,discharged or extended except by
written amendment duly executed by the parties. Each party agrees that no representations or
warranties shall be binding upon the other party unless expressed in writing herein or in a
duly executed amendment hereof, or change order as herein provided.
21. APPLICABLE LAW
This Agreement shall be deemed to have been made in,and shall be construed in accordance
with the laws of the State of Illinois. Venue for the resolution of any disputes or the
enforcement of any rights pursuant to this Agreement shall be in the Circuit Court of Kane
County,Illinois.
22. NEWS RELEASES
The ENGINEER may not issue any news releases without prior approval from the
DIRECTOR, nor will the ENGINEER make public proposals developed under this
Agreement without prior written approval from the DIRECTOR prior to said documentation
becoming matters of public record.
23. COOPERATION WITH OTHER CONSULTANTS
The ENGINEER shall cooperate with any other consultants in the CITY's employ or any
work associated with the PROJECT.
24. INTERFERENCE WITH PUBLIC CONTRACTING
The ENGINEER certifies hereby that it is not barred from bidding on this contract as a result
of a violation of 720 ILCS 5/33E et seq.or any similar state or federal statute regarding bid
rigging.
25. SEXUAL HARASSMENT
As a condition of this contract,the ENGINEER shall have written sexual harassment policies
that include,at a minimum, the following information:
A. the illegality of sexual harassment;
B. the definition of sexual harassment under state law;
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C. a description of sexual harassment,utilizing examples;
D. the vendor's internal complaint process including penalties;
E. the legal recourse,investigative and complaint process available through the Illinois
Department of Human Rights, and the Illinois Human Rights Commission;
F. directions on how to contact the department and commission;
G. protection against retaliation as provided by Section 6-101 of the Human Rights Act.
A copy of the policies shall be provided by ENGINEER to the Department of Human Rights
upon request 775 ILCS 5/2-105.
26. WRITTEN COMMUNICATIONS
All recommendations and other communications by the ENGINEER to the DIRECTOR and
to other participants which may affect cost or time of completion,shall be made or confirmed
in writing. The DIRECTOR may also require other recommendations and communications
by the ENGINEER be made or confirmed in writing.
27. NOTICES
All notices, reports and documents required under this Agreement shall be in writing and
shall be mailed by First Class Mail, postage prepaid, addressed as follows:
A. As to CITY:
Kyla Jacobsen
Water Director
City of Elgin
150 Dexter Court
Elgin,Illinois 60120-5555
B. As to ENGINEER:
R. Scott Trotter
President
Trotter and Associates,Inc.
40W201 Wasco Road, Suite D
St. Charles, IL 60175
28. COMPLIANCE WITH LAWS
Notwithstanding any other provision of this Agreement,it is expressly agreed and understood
that in connection with the performance of this Agreement that the ENGINEER shall comply
with all applicable Federal, State, City and other requirements of law, including, but not
limited to, any applicable requirements regarding prevailing wages, minimum wage,
workplace safety and legal status of employees. Without limiting the foregoing, the
ENGINEER hereby certifies,represents and warrants to the CITY that all the ENGINEER's
employees and/or agents who will be providing products and/or services with respect to this
Agreement shall be legal residents of the United States. The ENGINEER shall also at its
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expense secure all permits and licenses, pay all charges and fees and give all notices
necessary and incident to the due and lawful prosecution of the work, and/or the products
and/or services to be provided for in this Agreement. The CITY shall have the right to audit
any records in the possession or control of the ENGINEER to determine The ENGINEER's
compliance with the provisions of this section. In the event the CITY proceeds with such an
audit,the ENGINEER shall make available to the CITY the ENGINEER's relevant records
at no cost to the CITY. The ENGINEER shall pay any and all costs associated with any such
audit.
IN WITNESS WHEREOF,the parties hereto have entered into and executed this Agreement
effective as of the date and year first written above.
FOR THE CITY: FOR THE ENGINEER:
By Y
City Manager
Attest:
City Clerk
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Exhibit A
Scope of Services -Lord Street CSO Basin Green Infrastructure Retrofit Project
The Scope of Services for the Project is as follows:
1. During Phase I, Engineer shall:
1.1 Obtain & process base-line project area data, including, but not limited to updated GIS
files,SWMM model input data,current sewer separation progress&planning information.
1.2 Perform a site investigation/assessment of the project area with City Staff and/or Southwest
Area Network(SWAN)representatives.
1.3 Prepare and give up to 4 presentations to SWAN residents at public meetings to present
project details,discuss options,and solicit landowner participation for potential BMP sites.
1.4 Coordinate with City Staff to have City conduct combined sewer flow monitoring in
sewers adjacent to proposed BMP sites in order to collect pre-and post-project flow data.
Engineer shall review flow data records supplied by the City and correlate to local rain
gages (USGS Tyler Creek rain gage,City-maintained rain gages,etc.).
1.5 Perform a topographic field survey of Phase I BMP site Iocations.
1.6 Coordinate with Geotechnical Sub-Consultant on the collection and interpretation of soil
boring and infiltration testing information to be utilized in the design of the BMPs.Phase I
Geotechnical Sub-consultant shall be Rubino Engineering,Inc. (665 Tollgate Rd, Elgin,
IL). Geotechnical work shall include soils report,up to eleven(11)soil borings to a depth
of ten(10)feet, and infiltration testing using piezometers installed in soil boring hole.
1.7 Prepare preliminary engineering drawings and specifications for the Phase I BMP sites.
1.8 Prepare the necessary permits and coordinate with City Staff and adjacent landowners to
facilitate landowner buy-in.
1.9 Prepare Summaries of Quantities and Engineer's Cost Estimates for each Phase I BMP site.
1.10 Prepare a Design Solution Report and submit to the IEPA for approval.
1.11 Prepare pollutant load/runoff reduction analysis to estimate quantity of pollutants and/or
runoff reduced by constructing proposed project BMPs.
1.12 Prepare a Draft Operation & Maintenance Manual for the project BMPs and submit to
IEPA for approval.
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1.13 Assist the City with the preparation of bid notices to contractors, answering contractor
questions, attend a pre-bid meeting, prepare bid addendums, review bids, and prepare a
recommendation of award.
1.14 Provide one set of construction stakes for critical project features as needed at each BMP
site location.
1.15 Provide construction observation services to document the construction activities and
insure the BMPs are constructed according to the project plans and construction
documents.
1.16 Prepare post-construction punchlists for each BMP site and coordinate punchlist
completion by the Contractor.
1.17 Prepare Quarterly Reports to IEPA as required to meet the City's grant reporting
requirements with the IEPA.
1.18 Coordinate with the IEPA as needed to insure the project approach and components
address the IEPA's expectations for the project.
2. During Phase II, Engineer shall:
2.1 Perform site investigations & assessments of the project area with City Staff and/or
Southwest Area Network(SWAN)representatives to identify BMP site locations for Phase
II.
2.2 Prepare and give up to 4 presentations to SWAN residents at public meetings to present
project details, discuss options,and solicit landowner participation for project sites.
2.3 Coordinate with City Staff to have City conduct combined sewer flow monitoring in
sewers adjacent to proposed BMP sites in order to collect pre-and post-project flow data.
Engineer shall review flow data records supplied by the City and correlate to local rain
gages(USGS Tyler Creek rain gage, City-maintained rain gages,etc.).
2.4 Perform a topographic field survey of Phase II BMP site locations.
2.5 Coordinate with Geotechnical Sub-Consultant on the collection and interpretation of soil
boring and infiltration testing information to be utilized in the design of the BMPs. Final
scope and cost of Geotechnical services needed during Phase II will be determined near the
end of Phase I.
2.6 Prepare preliminary engineering drawings and specifications for the Phase II BMP sites.
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2.7 Prepare the necessary permits and coordinate with City Staff and adjacent landowners to
facilitate landowner buy-in.
2.8 Prepare Summaries of Quantities and Engineer's Cost Estimates for each Phase H BMP
site.
2.9 Prepare a Design Solution Report and submit to the IEPA for approval.
2.10 Prepare pollutant load/runoff reduction analysis to estimate quantity of pollutants and/or
runoff reduced by constructing proposed project BMPs.
2.11 Prepare a Draft Operation & Maintenance Manual for the project BMPs and submit to
IEPA for approval.
2.12 Assist the City with the preparation of bid notices to contractors, answering contractor
questions, attend a pre-bid meeting, prepare bid addendums, review bids, and prepare a
recommendation of award.
2.13 Provide one set of construction stakes for critical project features as needed at each BMP
site location.
2.14 Provide construction observation services to document the construction activities and
insure the BMPs are constructed according to the project plans and construction
documents.
2.15 Prepare post-construction punchlists for each BMP site and coordinate punchlist
completion by the Contractor.
2.16 Prepare Quarterly Reports to IEPA as required to meet the City's grant reporting
requirements with the IEPA.
2.17 Coordinate with the TEPA as needed to insure the project approach and components
address the IEPA's expectations for the project.
2.18 Prepare a Final Project Evaluation Report per IEPA guidelines and submit to the IEPA for
review and approval to conclude the project.
The City is expected to furnish Engineer with full information regarding the Project, including the
historic engineering/development plans for the Lord Street CSO service area, any existing
topographic surveys and storm sewer information in CAD/GIS format, stormwater models of the
project area, and any other related information the City may have which will aid in the design
development of the project components.
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Exhibit B
Trotter and Associates, Inc. —2011 Schedule of Hourly Rates
(TO BE INSERTED)
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Trotter and Associates,Inc.
2011 Schedule of Hourly Rates-Exhibit A
Classification 2011 Billing
Rate
Principal S 177.47
Senior Project Manager $ 170.00
Project Manager $ 153.00
Professional Land Surveyor $ 153.00
Project Coordinator $ 143.00
Senior Project Engineer S 143.00
Project Engineer I1 S 99.00
Project Engineer I $ 90.00
Engineer Level IV $ 134.00
Engineer Level III $ 126.00
Engineer Level II $ 106.00
Engineer Level I $ 89.00
Engineering intern $ 42.00
Senior Technician S 125.00
Technician Level IV $ 109.00
Technician Level III $ 99.00
Technician Level Il $ 89.00
Technician Level I $ 80.00
Clerical Level II $ 62.00
Clerical Level 1 $ 50.00
Survey Crew $ 110.00
Survey Technician Level 11 $ 63.00
Survey Technician Level I $ 51.00
Sub Consultants Cost Plus 5%
Reimbursable Expenses Cost Plus 15%
Note. On January 1.2012 and xarly thereafter,the fees and hourly rater may be escalated by an
amount no to exceed flw(2)percent.
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