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MEMORANDUM
January 18, 2002
TO: Billy Campbell, City Manager
FROM: Kevin Hagman, Director of Community Services (x1527)
SUBJECT: Approval of professional services contract with Shrickel, Rollins and
Associates for the redesign of the Southlake Softball Complex
Action Requested: City Council approval of the contract for professional services with
Schrickel, Rollins and Associates for the redesign of the Southlake Softball
Complex.
Background
Information: As you know, during the latter part of 2001 the SPDC authorized the
purchase of the former Texas School of Baseball on Crooked Lane for a
proposed Southlake Softball Complex to serve the Southlake Girls Softball
Association's needs for a four -field, lighted complex for league and
tournament play. During that time and since, staff has been working
through the details of the purchase agreement and gathering survey, utility
and engineering data in preparation for the redesign of the existing baseball
fields into the four - lighted -field configuration.
In order to develop an ultimate plan for the completion of the facility,
including restroom/concession facilities, lighting, fencing, irrigation,
spectator and pedestrian areas, drive realignment, parking improvements (if
any), and utility connections, staff has been working with Schrickel, Rollins
and Associates on a proposal, to include these plans as well as cost
estimates and a construction phasing plan. The contract attached represents
a standard form of agreement for professional services used many times by
the city for such services. The contract stipulates a 12 -week completion
period at a cost not to exceed $26,400 for the above - mentioned services,
which include:
• A Conceptual Plan of Development for the ultimate development of
the site, including a minimum of four lighted girls softball fields; a
minimum of two - batting cages; an access drive and additional
(adequate) parking spaces; and a restroom/concession building.
• Investigate and evaluate the existing conditions and potential for
utilization of the following: the existing sewage - disposal system and
the potential of its conversion to a gravity -feed sewage system; the
existing turfgrass irrigation system (including the supply source and
control system) which serves the existing baseball fields and its
capability for modification to serve the new fields; the existing
sportslighting system of poles, fixtures (including aiming and
illumination adequacy), lighting controls and electric power
distribution; the general grading and drainage for the entire site.
• Prepare a base map of boundaries, topographic information,
existing improvements and utilities in an electronic file as a base for
AutoCAD drawings.
Financial
Consideration: Professional services are a customary cost associated with facility design
and will be paid from for the Southlake Softball Complex construction the
budget line item.
Citizen Input/
Board Review:
• The Southlake Softball Complex construction budget was reviewed and
approved by the Park Board, SPDC and City Council as part of the 5-
year CIP approved in 2001.
• The Park Board recommended approval (7 -0) of the contract at their
January 14, 2002 meeting.
Legal Review: The contract attached to this memo is a standard form of agreement
utilized many times by staff and authorized for use by the City Attorneys.
The attorneys have also received a copy of this particular agreement in
their packet.
Alternatives:
• Council approval of the contract.
• Council comment and modification of contract language.
Supporting
Documents:
• Draft of Contract for Conceptual Plan for Development for the
Southlake Softball Complex
Staff
Recommendation: City Council approval of the contract for professional services for the
Conceptual Plan for Development for the Southlake Softball Complex.
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THE STATE OF TEXAS
COUNTY OF TARRANT
CONCEPTUAL PLAN FOR DEVELOPMENT
FOR THE SOUTHLAKE SOFTBALL COMPLEX
City of Southlake Project No. 162 -XXX- XXX -XX
THIS CONTRACT, By and between the CITY OF SOUTHLAKE, a municipal
corporation located in Tarrant County, Texas, hereinafter called "City ", and Schrickel,
Rollins and Associates, Inc., a corporation authorized to do business in the State of
Texas, hereinafter called "Consultant ", evidences the following:
WHEREAS, CITY desires the professional planning services of CONSULTANT for the
evaluation and preparation of a Conceptual Plan for Development for the Southlake
Softball Complex; and
WHEREAS, Consultant represents that it is qualified and capable of performing the
professional planning services proposed herein for this Project and is willing to enter
into this Contract with CITY to perform said services;
NOW, THEREFORE, the parties in consideration of the terms and conditions contained
herein agreed as follows:
1. EMPLOYMENT OF THE CONSULTANT
CONSULTANT agrees to perform professional services in connection with the
Project as set forth in the following sections of this Contract, and CITY agrees to
pay, and CONSULTANT agrees to accept fees as set forth in the following
sections as full and final compensation for all services provided under this
Contract.
2. CONTRACT ADMINISTRATION
This Contract shall be administered on behalf of the CITY by the Director of
Community Services or his designated representatives (hereinafter called
"Director "), and on behalf of the CONSULTANT by its duly authorized officials.
3. CONSULTANT'S SERVICES
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The CONSULTANT agrees to render services necessary for the development of
the Project as outlined herein.
3.01 The Professional Services:
a. Conceptual Plan Objectives:
1. Produce a Conceptual Plan of Development for the ultimate
development of the site.
2. Plan for a minimum of four lighted girls softball fields
suitable for competitive league and tournament play. Plan
for a minimum of two - batting cages.
3. Investigate and evaluate the existing conditions and
potential for utilization of the following:
(a) The existing sewage - disposal system and the
potential of its conversion to a gravity -feed sewage
system.
(b) The existing turfgrass irrigation system (including the
supply source and control system) which serves the
existing baseball fields, and its capability for
modification to serve the new fields.
(c) The existing sportslighting system of poles, fixtures
(including aiming and illumination adequacy), lighting
controls and electric power distribution.
Note: Structural evaluations of poles, pole
foundations, anchor bolts, cross arms, and
other aspects of structural support are not
included in the scope of these services.
(d) The general grading and drainage for the entire site.
4. Provide for an access drive and additional (adequate)
parking spaces.
5. Provide for a restroom /concession building, including a
building footprint.
b. Conceptual Planning processes include the following items:
1. Prepare a base map of boundaries, topographic information,
existing improvements and utilities in an electronic file as a
base for AutoCAD drawings. NOTE: CONSULTANT will
utilize the property boundary description and surveys of site
improvement locations furnished by the CITY in the
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electronic digital file labeled 01181B. The utility locations
and topographic surveys will be furnished by the CITY from
other files.
2. Conduct site reconnaissance to analyze the capabilities and
limitations of the park site in a study of development
feasibilities.
3. Conduct work sessions with CITY Staff to determine the
Program of Development for the park site.
4. Prepare two conceptual park development plan alternatives
in sketch form at the scale of 1 " =50' or 1 " =40'.
5. Present the agreed upon Conceptual Plan of Development
to the CITY Park Board for review or approval. This will be
the only public meeting included in the services.
6. Prepare a final draft of the Conceptual Plan of Development
for study by CITY Staff and for various presentations to be
made by the CITY Staff.
7. Based on knowledge of the construction industry and
maintenance and material requirements provided by the
CITY Staff, prepare a general estimate of probable
construction costs, including professional services
necessary to prepare construction documents.
Recommendations for construction phasing will be provided.
Increments of development will correspond to park budget
plans.
8. Prepare the final Conceptual Plan products (see Section
3.01, c. below)
C. Conceptual Plan of Development products include the following
items:
1. A refined line drawing of the final approved Conceptual Plan
suitable for public display. A reproducible copy will be
furnished to the CITY.
2. A colored rendering of the Conceptual Plan of Development
mounted on "gatorfoam" or a board backing.
3. A digital file of the color rendering will also be provided.
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4. A brief report containing the Program of Development, cost
estimates, and phasing recommendations.
3.02 Additional Professional Services
a. Additional services by the CONSULTANT shall be provided if
authorized by the CITY in writing. Compensation for the additional
services, unless otherwise agreed, shall be a multiple of direct
personnel expenses. Direct personnel expenses shall be
calculated using the rates shown on Exhibit "A," attached hereto.
b. Making revisions in plans, drawings, or other documents, when
such revisions are inconsistent with approvals or instructions
previously given, shall be additional services.
4. PAYMENT FOR SERVICES
CONSULTANT shall submit itemized monthly statements for Service Costs
incurred. CITY shall make payments within 30 days of the statement date in the
amount shown by the CONSULTANT's monthly statements and other
documentation submitted and no interest shall ever be due on late payments.
4.01 Compensation for Professional Services shall not exceed $26,400.
4.02 Compensation for Other Additional Services that may be authorized
shall be a multiple of direct personnel expense. Direct personnel
expense shall be calculated using the rates shown on Exhibit "A" attached
hereto. Other Additional Services may also include, but are not limited to,
such things as additional public meetings, and public presentations,
topographic surveys of the site, geotechnical investigations, preliminary
design and other design services for the Project. These services will be
provided by the CITY or by the CONSULTANT as Additional Services for
which additional compensation will be provided by mutual agreement.
4.03 Compensation for Reimbursable Expenses means the actual expenses
incurred by CONSULTANT or CONSULTANT's independent professional
associates or sub - consultants directly in connection with the Project.
Reimbursements by CITY to CONSULTANT shall be based on the
following:
a. Not applicable.
b. Other reimbursable expenses may become due if the CITY
requests or authorizes such payment. However, the CITY will not
be separately charged for transportation, telephone communication
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charges, or postage and delivery charges normal to the project; nor
for the use of computer -aided design and drafting equipment
normal to the project.
5. OWNERSHIP OF DOCUMENTS
5.01 All information and other data given to, prepared, or assembled by
CONSULTANT under this Contract, and other related items shall become
the sole property of CITY and shall be delivered to CITY, without
restriction on future use. CONSULTANT may, at its cost, make copies of
any and all documents and items for its files. A set of reproducible
documents shall be filed with the CITY prior to final payment.
CONSULTANT shall have no liability for changes made to or use of the
drawings, specifications, and other documents by anyone subsequent to
the completion of the Project.
CITY shall require that any such change or other use shall be sealed by
the CONSULTANT making that change or use and shall be approximately
marked to reflect what was changed or modified.
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6. SERVICES BY CITY
CITY shall provide the following available information and /or services under this
Contract:
6.01 Copies of all known digital, mylar and reproduced drawings of base
mapping information as requested by the consultant and generally
detailed in Section 3.01.
7. COMPLETION SCHEDULE
The services furnished by the CONSULTANT under this Contract will be
completed in accordance with the following:
For the purposes of this Contract, a month is defined as thirty (30) calendar days
and a week as seven (7) calendar days. If any of the following submissions fall
on a CITY non - working day, then the submission shall be due the following CITY
working day.
7.01. The CONSULTANT, exclusive of time required by the CITY for
scheduling meetings and for review purposes, will complete the
Conceptual Plan of Development within 12 calendar weeks. Time will
commence after the CONSULTANT's receipt of an executed Professional
Services Contract from the CITY and CONSULTANT's receipt of CITY -
provided files for base mapping.
8. NOTICE TO PROCEED
CITY shall have complete control of the services to be rendered and no work
shall be done under this Contract until the CONSULTANT is instructed in writing
to proceed.
9. TERMINATION OF CONTRACT
CITY may indefinitely suspend further work hereunder or terminate this Contract
or any phase of this Contract upon thirty (30) days prior written notice to the
CONSULTANT with the understanding that immediately upon the receipt of such
notice all work and labor being performed under this Contract shall cease
immediately. Before the end of the thirty (30) day period, CONSULTANT shall
invoice the CITY for all work accomplished by him prior to the receipt of such
notice. No amount shall be due for lost or anticipated profits. All plans, field
surveys, and other data related to the Project shall become property of CITY
upon termination of the Contract and shall be promptly delivered to CITY in a
reasonably organized form without restriction on future use except as stated in
Article 5. Should the CITY subsequently contract with a new consultant for
continuation of services on the Project, the CONSULTANT shall cooperate in
providing information.
10. RESPONSIBILITY FOR CLAIMS AND LIABILITIES
Approval by CITY shall not constitute nor be deemed a release of the
responsibility and liability of the CONSULTANT, its employees, associates,
agents, and consultants for the accuracy and competency of their designs or
other work; nor shall approval be deemed to be an assumption of such
responsibility by CITY for any defect in the design or other work prepared by the
CONSULTANT, its employees, subcontractor, agents and consultants.
11. EQUAL EMPLOYMENT OPPORTUNITY
11.01 The CONSULTANT shall not discriminate against any employee or
applicant for employment because of race, age, color, religion, sex,
ancestry, national origin, or place of birth. The CONSULTANT shall take
affirmative action to insure that applicants are employed and that
employees are treated during their employment without regard to their
race, age, color, religion, sex, ancestry, national origin, or place of birth.
11.02 If the CONSULTANT fails to comply with the Federal Laws relating to
Equal Employment Opportunity, it is agreed that the CITY at its option
may do either or both of the following:
a. Cancel, terminate, or suspend the contract in whole or in part;
b. Declare the CONSULTANT ineligible for further CITY Contracts
until he is determined to be in compliance.
12. AMENDMENTS
This Contract may be amended or supplemented in any particular only by written
instrument and only as approved by resolution of City Council or the City
Manager, except for termination under Article 9, Termination of Contract which
may be accomplished by the Director of Community Services or his designated
representative as identified in Article 9, Termination of Contract.
13. COMPLIANCE WITH LAWS, CHARTERS, AND ORDINANCES, ETC.
The CONSULTANT, his consultants, agents and employees, and subcontractors
shall comply with applicable Federal and State Laws, the Charter and
Ordinances of the City of Southlake, and with applicable rules and regulations
promulgated by all local, state, and national boards, bureaus, and agencies
existing and published before date of this agreement that are known by the
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CONSULTANT or that are known by the CITY which shall make copies available
to the CONSULTANT.
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RIGHT OF REVIEW
CONSULTANT agrees that CITY may review any and all of the work performed
by the CONSULTANT under this Contract. CITY is hereby granted the right to
audit at CITY's election, the consultant's records and billings related to the
performance of this contract. CONSULTANT agrees to retain such records for a
minimum of three (3) years following completion of this contract.
CONFLICT OF INTEREST
No officer or employee shall have any financial interest, direct or indirect, in any
contract with the CITY or be financially interested, directly, in the sale to the
CITY of any land, materials, supplies, or services, except on behalf of the CITY
as an officer or employee. Any violation of this section shall constitute
malfeasance in office, and any officer or employee guilty thereof shall thereby
forfeit his office or position with the CITY. Any violation of this section with
knowledge, expressed or implied, of the person or corporation contracting with
the CITY shall render the Contract involved voidable by the City Manager or the
City Council.
CONTRACT PERSONAL
This Contract is for personal and professional services; and the CONSULTANT
shall not assign this Contract, in whole or in part, without the prior written
consent of the CITY.
NOTICES
All notices, communications, and reports required or permitted under this
Contract shall be personally delivered or mailed to the respective parties by
depositing the same in the United States Mail at the address shown below
unless and until either party is otherwise notified in writing by the other party at
the following addresses. Mailed notices shall be deemed communicated after
five days.
If intended for CITY, to: If intended for CONSULTANT, to:
Kevin Hugman Terry T. Cheek
Contact Person Contact Person
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081
Director of Community Services
Title
City of Southlake
City
400 N. White Chapel
Address
Southlake, Texas 76092
City, State, Zip Code
(817) 481 -1527
Telephone No.
(817) 481 -1594
Fax No.
INDEPENDENT CONTRACTOR
Vice President
Title
Schrickel, Rollins and Associates, Inc.
Firm Name
1161 Corporate Drive West, Suite 200
Address
Arlington, Texas 76006
City, State, Zip Code
(817) 640 -8212
Telephone No.
(817) 649 -7645
Fax No.
In performing services under this Contract, CONSULTANT is performing
services of the type performed prior to this contract; and CONSULTANT by the
execution of this contract does not change the independent status of the
CONSULTANT. No term, or provision hereof, or act of CONSULTANT in the
performance of this Contract shall be construed as making CONSULTANT the
agent, servant, or employee of Southlake.
INDEMNITY
CONSULTANT agrees to defend, indemnify, and hold CITY whole and harmless
against any and all claims for damages, costs, and expenses of persons or
property that may arise out of, or be occasioned by, or from any negligent act,
error or omission of CONSULTANT, or any agent, servant, or employee of
CONSULTANT in the execution or performance of this Contract, without regard
to whether such persons are under the direction of CITY agents or employees.
INSURANCE
CONSULTANT agrees to maintain, with reasonable deductibles, in full force and
effect for the duration of this agreement and any extensions hereof, at the
CONSULTANT's sole expense, insurance coverage written by companies
approved by the State of Texas and acceptable to CITY. Coverage shall include
the following types and minimum amounts:
MINIMUM
TYPE ARA01 INT
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1. Workers' Compensation
and
Employer's Liability
2. Commercial General
Liability Insurance
3. Comprehensive Automobile
Liability Insurance
4. Professional Liability
(Errors and Omission) Insurance
REQUIRED PROVISIONS
Statutory
$100,000/500, 000/100, 000
Combined Single Limit of
$500,000 per Occurrence
Minimum State Financial
Responsibility Limits
$500,000 Per Claim
1. CONSULTANT shall furnish a completed Insurance Certificate to CITY
which shall be completed by an agent authorized to bind the named
underwriting companies to the coverage's, limits, and termination
provisions shown hereon.
2. Name the City of Southlake and its officers, employers, and elected
representatives as additional insureds on the General and Automobile
insurance coverage's.
3. CONSULTANT or CONSULTANT's insurance provider shall notify CITY
in the event of any material change in coverage, cancellation, or
nonrenewal and shall give such notices not less than 30 days prior to the
change.
4. For coverage's that are written with claims made policies, the required
period of coverage shall be continuous coverage for the life of the
contract, plus an extended discovery period of 5 years to begin at the end
of the contract period. Should CONSULTANT change insurance carriers
during this entire insuring period, the replacement policy shall include a
prior acts provision to eliminate any lapse in coverage.
21. VENUE
The obligations of the parties to this Contract are performable in Tarrant County,
Texas; and if legal action is necessary to enforce it, exclusive venue shall lie in
Tarrant County, Texas.
22. APPLICABLE LAWS
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This Contract is made subject to the provisions of the Southlake Code, other City
Ordinances, Standards, Southlake Specifications for materials and construction,
as amended, and all State and Federal Laws.
23. GOVERNING LAWS
This contract shall be governed by and construed in accordance with the laws
and decisions of the State of Texas.
24. LEGAL CONSTRUCTION
In case any one or more of the provisions contained in this Contract shall for any
reason be held to be invalid, illegal, or unenforceable in any respect, such
invalidity, illegality, or unenforceability shall not affect any other provisions
thereof; and this Contract shall be considered as if such invalid, illegal or
unenforceable provision had never been contained in this Contract.
25. PUBLISHED MATERIAL
CONSULTANT agrees that the CITY shall review and approve any written
material about CITY projects and /or activities prior to being published by the
CONSULTANT.
26. CAPTIONS
The captions to the various clauses of this Contract are for informational
purposes only and shall not alter any substance of the terms and conditions of
this Contract.
27. SUCCESSORS AND ASSIGNS
This Contract shall be binding upon and insure to the benefit of the parties
hereto and their respective heirs, executors, administrators, successors and,
except as otherwise provided in this Contract, their assigns.
28. LANDSCAPE ARCHITECTS REGISTRATION LAW
The following consumer information is required by the Landscape Architects
Registration Law, Article 249c, VTCS: The Texas Board of Architectural
Examiners has jurisdiction over individuals licensed under the above named Act.
Their address and telephone number are: 8213 Shoal Creek Blvd., Suite 107,
Austin, Texas 78758 -7589; (512) 458 -4126.
29. ENTIRE AGREEMENT
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This Contract (page 1 through 11, and Attachment) embodies the complete
agreement of the parties hereto, superseding all oral or written previous and
contemporary agreements between the parties and relating to matters in this
Contract, and except as otherwise provided herein, cannot be modified without
written agreement of the parties to be attached to and made a part of this
Contract.
IN WITNESS WHEREOF, the parties hereby have executed this agreement in triplicate
originals on this date, the day of ' 2002.
Schrickel, Rollins and Associates, Inc.
Firm Name
CITY OF SOUTHLAKE, TEXAS:
Signature
Terry T. Cheek, Vice President
Name and Title
1161 Corporate Dr. West, Suite 200
Address
Arlington, Texas 76006
City, State, Zip Code
ATTEST
Signature
Rick Stacy, Mayor
Name and Title
APPROVED AS TO FORM:
City Attorney
ATTEST
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EXHIBIT "A"
SCHEDULE OF CHARGES - 2002
BILLABLE SALARY RATE & EXPENSE CHARGES
SENIOR SECRETARY
SECRETARY /WORD PROCESSOR
CLERK
The ranges and individual salaries are adjusted annually.
OTHER SERVICES (invoiced at rate shown)
Four Man Field Party
Three Man Field Party
Two Man Field Party
PRINTING SERVICES (in house):
45 70
35 48
30 40
$115 /hour
100 /hour
85 /hour
COMPUTER PLOTTING SERVICES (in house):
SQ. FT. PER ORDER
RANGE OF BILLABLE SALARY RATE
CLASSIFICATION:
LOW
HIGH
PRINCIPAL
$125
$145
ASSOCIATE
80
130
SENIOR ENGINEER
105
125
ENGINEER III
90
110
ENGINEER II
65
90
ENGINEER 1
60
80
DESIGNER /ENGINEER -IN- TRAINING
50
70
SENIOR LANDSCAPE ARCHITECT
105
125
LANDSCAPE ARCHITECT 111
80
100
LANDSCAPE ARCHITECT 11
65
85
LANDSCAPE ARCHITECT 1
50
70
DESIGNER
45
60
SENIOR PLANNER
90
125
PLANNER
75
90
DESIGNER
70
90
SURVEY COORDINATOR
65
90
SENIOR ENGINEERING TECHNICIAN
55
68
ENGINEERING TECHNICIAN
50
68
PLANNING TECHNICIAN
50
66
PRODUCTION COORDINATOR
70
100
CAD OPERATOR/ DRAFTER 111
60
80
CAD OPERATOR/ DRAFTER 11
50
70
CAD OPERATOR/ DRAFTER 1
45
60
SENIOR SECRETARY
SECRETARY /WORD PROCESSOR
CLERK
The ranges and individual salaries are adjusted annually.
OTHER SERVICES (invoiced at rate shown)
Four Man Field Party
Three Man Field Party
Two Man Field Party
PRINTING SERVICES (in house):
45 70
35 48
30 40
$115 /hour
100 /hour
85 /hour
COMPUTER PLOTTING SERVICES (in house):
SQ. FT. PER ORDER
BLUE LINE MYLAR
SIZE
BLACK INK ON
COLOR ON
MYLAR FILM
BOND /VELLUM
BOND /VELLUM
OF INK PLOT
PRICE VARIES ACCORDING TO SIZE OF ORDER
up to 11'x17'
$ 10.50
$ 13.00
$ 13.50
24'x36"
11.00
15.50
21.00
6
$3.70 $10.00
30'x42"
12.50
22.00
27.00
1
1 1
oversize add
2.50 /SF
3.50 /SF
4.50 /SF
100 25.71 139.00
101 -200 0.18 /S. F. 1.30 /S.F.
201 -300 0.14 /S. F. 1.25 /S.F.
301 -1000 0.13 /S. F. 1.20 /S.F.
1001 - up 0.11.S.F. 1.15 /S. F.
In -house Xerox copies provided at $0.07 per single side copy or $0.14 per double side copy.
OTHER DIRECT EXPENSES
Other direct expenses are reimbursed at actual cost times a multiplier of 1.10. They include outside printing and reproductions expense, communication expense, travel,
transportation and subsistence away from Arlington and other miscellaneous expenses directly related to the work, including costs of laboratory analysis, tests, and other
work required to be done by independent persons other than staff members.
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