HomeMy WebLinkAboutContract 54668 10/13/2020 CSC No.54668
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CONSENT AGREEMENT
FOR
TEMPORARY USE OF PUBLIC PROPERTY
STATE OF TEXAS
COUNTY OF TARRANT
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TIM AGRF.,FMENT is made and entered into by and between the City of Fort Worth, a i
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municipal corporation of Tarrant County,Texas,acting herein by and through its duly authorized
Building Official,hereinafter referred to as the"City"and
Brazos Restoration & Waterproofing, Inc. j
Acting by and through its duly autliorized agent, Walter F. Johns ton
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Flerainafter referred to as"Grantee'. i
WITr>ESSrTH:
For and in consideration of the payment by Grantee of charges set out below and the true and
faithfiil performance of the mutual covenants herein contained, City hereby grants to Grantee
permission to temporarily encroach upon, uses and occupy portion of the space under,on and/or
above the streets,alleys,sidewalks or other public rights-of-way as follows: 330 E. Fourth
Street, Fort Worth, Texas 76102 — Commerce street two east lanes
from Fourth to Fifth street. f
The location and description of said encroachment is more particularly described in Exhibit"B" j
attached hereto, incorporated herein and made a part hereof for all purposes.
2. I
All use and occupancy of public street,alleys,sidewalks or other lxtblie rights-of-way under
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this agreement shall be in strict compliance rvitln the Clnan2er, Ordinances and Codes of the City �
and in accordance with the directions of the Building Official and the Director of Transportation I
and Public Works of City. IIII
OFFICIAL RECORD I I
CITY SECRETARY I
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FT. WORTH, TX
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CGNSEN7AGMEMENT(or Temporary usa0pu69epmpertytdon I !
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3.
Upon expiration of this agreement and the privileges granted hereunder, there shalt be no
encroachment by Grantee in,under,on or above the surface of the public rights-of-way involved.
4.
Grantee agrees to pay in advance an eacroach,nient fee for the temporary privilege of
encroaching upon a portion of the public rights-of-way as described in Exhibit"B". Said fee is I
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calculated in the manner and amounts prescribed by the Building Code of the City of port Worth
for temporary use or occupancy of public property. The estimated total amount of said fee is: E
Commerce St 6th to Sth — Taper — 120' x 17' x .5 = 1 ,020 sqft
Commerce St 5th to 4th — Buffer — 85' x 17' = 1 ,445 sqft j
Work Zone — 1201 x 171 = 2,040 sqft '
Sidwalk — 205' x 10' = 2,050 sqft
Street — 4,505 sqft x .03 = $135.15 x 22 clays = $2,973.30
Sidewalk — 2,050 sqft x .015 = $30.75 x 22 days = $676.50
Total — $3,649.80 5.
Grantee, at no expense to City, shall make proper provision for tite relocation and/or
installation of any existing or future traffic control devises or other improvements affected by
such encroachment, use and occupancy, including the securing of approval and consent from the
appropriate agencies of the State and its political subdivisions, ht the event that any installation,
reinstallation, relocation or repair of any existing or future traffic control device or improvement
owned or constructed by or on behalf of the public or at public expense is made more costly by f
virtue of the existence of such encroachment and use, Grantee shall pay to City and additional
tunount equal to such additional cost as determined by City.
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6.
The term of this agreement shall be for 22 days,from 1 0/9/2 0 to 1 0/3 0/2 0
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Provided,however, should the need for the encroachments granted hereunder at any time cease,
Grantee agrees to immediately notify City of such condition; and, upon receipt of such notice by !
the Building Official of the City of Fort Worth,this agreement shall terminate,
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[t is expressly understood and agreed that this Consent Agreement is for a temporary
encroachment in, under, over and upon the public property as located and described in Exhibit 1
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2 CONSENT AGREEMENTforTamporaryuxaofpuNiopropertyt.doo
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"B". This agreement shall not be construed as the granting of a permanent easement,
encroachment or license upon City's public streets,alleys,sidewalks,or other rights-of-way,
8.
City, through its duly authorized representatives, shall have the full and unrestricted right to
enter upon all public rights-of-way for the purpose of making inspections to determine l !
compliance with the terois, covenants and conditions herein. In the event that any inspection !�
should reveal a breach of any terms, covenants or conditions herein, City shall give Grantee 1
notice of such breach. Should such breach not be corrected by Grantee within twenty-four(24)
hours of receipt of the notice, or within such shorter period of time as deemed necessary by the
Building Official for tho protection of public health or safety, City may terminate and cancel this
agreement.
9.
Upon expiration or termination of this agreement for any reason whatsoever,Grantee shall,at I
no expense to City, restore the public rights-of-way and adjacent supporting structures to a
condition acceptable to the Director of Transportation and Public Works or his duly authorized
representative and in accordance with then existing City specifications,and Grantee shall remove
all barricades, equipment, supplies, materials or other property from said location. Grantee
further covenants and agrees that for a period of one(1)year after the termination of this Consent i
Agreement, Grantee will repair all conditions or damages to the streets and sidewalks or other
rights-of-way that have resulted from Grantee's use or occupancy of the streets and sidewalks or
ether rights-of-Quay, as determined by the Director of Transportation and Public Works or his
designee. Grantee agrees to begin such repairs within thirty(30)days of receipt of notice from
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the Director of Transportation and Public'Works or his designee. All repairs shall be performed
in an expeditious and workmanlike manner and shall comply with all applicable laws, codes,
ordinances and City specifications. i
in the event that Grantee fails to comply with the covenants herein contained with respect to i
such removal or restoration,the City shall have the right to remove or dispose of any barricades,
equipment,supplies,materials or other property and repair any conditions which in the opinion of 1
the City are necessary to bring the public rights-of-way to the condition prescribed herein, and
City shall not be responsible for trespass or any other damage or liability in connection with such
removal or restoration. Grantee shall reimburse City for the cost and expense of such removal f
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anti/or repairs immediately following billing for same by City.
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CONSENTAGREEMENTlorTempowl❑soofpubicpmpmr ji.dm i
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Nothing herein shalt be construed as a waiver by City to enforce penal sanctions prescribed
by the Code of the City of Font Worth and the laws of the State of Texas for Grantee's continued
encroachment upon the public rights-of-way following termination of this Consent Agreement.
10.
It is fir•ther understood and agreed between the parties hereto that City holds the city streets,
alleys, sidewalks and other public rights-of-way, including the portions of such streets used and
encroached upon as described herein, as trustee for the public; that City exercises such powers
over the streets as have been delegated to it by the Constitution of the State of Texas or by the
Legislature; and the City cannot contract away its duty and its legislative power to control the
streets for the use and benefit of the public, It is accordingly agreed that if the governing body of {
City, to wit, its City Council, shall at any time during the term hereof determine in its sole
discretion to use or cause or permit to be used for any public purpose the said encroached portion
of the streets,then this agreement shall be automatically canceled and terminated.
11.
Grantee agrees to comply fully with all applicable federal, state and local laws, statutes, I
ordinances, codes or regulations in connection with the construction,operation and maintenance
of said encroachments and uses,
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12,
Grantee agrees to pay promptly when due all fees, taxes or rentals provided for by this
agreement or by any federal,state or local statue, law or regulation.
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13. i
Grantee covenants and agrees that it shall exercise all rights and privileges granted hereunder
as an independent contactor, and not as an officer, agent, servant or employee of City; that
Grantee shall have exclusive control of and the exclusive right to control the details of its
operations and activities on said described public property and all persons performing same, and f
shall be solely responsible for the acts and omissions of its officers,agents,servants,employees,
contractors, subcontractors, licensees and invitees; that the doctrine of respondeat superior shall
not apply as between City and Grantee, its officers, agents, servants,employees, contractors and I I
subcontractors,and nothing herein shall be construed as creating a partnership or joint enterprise
between City and Grantee.
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CONSENT AGREMIENTfor Temporary use of pudic propertyl.doo
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14.
GRANTEE COVENANT'S AND AGREES TO IND-El VL'+fIF'Y, AND DOES HEREBY �
INDENUF'Y, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS,
SERVANTS AND EIVII'LOYEES,FROM AND AGAINST ANY AND ALL CLAIMS OR
SUITS FOR PROPERTY DAMAGE OR. LOSS AND/OR PERSONAL INJURY,
CNCLUDTNG DEATH, TO ANY AND ALL PERSONS, OF'WHATSOEVER KM OR
CHARACTER, W11EI THER REAL OR ASSERTED, ARISING OUT OF OR IN
CONNECTION WITH, DIRECTLY OR INDIRLECTLY, THE iVMADITENAi-ICE,
OCCUPANCY,USE, EXISTENCE OR LOCATION OF SAID ENCROACHI E,NT AND
USES G.RANrED HERE'UNDER, WHETHEIR OR NOT CAUSE,IN 14T-IOLE OR PART,
BY ALLEGED NEGLIGENCE OF Or, ICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS, SUBCONTRACTORS, LICErfSEES OR INVITES OF CITY; AND
GRANTEE HEREBY ASSUMES ALL LIABILITY AND RE,SPONSIBILITY OF CITY,
ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FOR SUCH CLAIMS OR !
SUITS. GRANTEE SHALL LITCUI WIS1E ASSUME ALL LIABILITY AND
RE'SPOI+iSIBILITY AND SHALL INDEKNIFY CITY FOR ALN Y AND ALL INJUPY OR
DAMAGE TO CITY PROPERTY, ARISING OUT OF OR IN CO11WECTION WITH 1 �
ANY AND ALL ACTS OR OMISSIONS OF GRANTEE, ITS OFFICERS, AGENTS,
SERVANTS, .I;IYIPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICESNEES, i
INVITEE S OR TRESPASSERS,
15.
Grantee agrees to furnish City, with a Certificate of Insurance, naming City as certificate l
holder, as proof that it has secured and paid for a policy of public liability insurance covering all
public risks related to the proposed use and occupancy of public property as located and
described in E:diibit"B". The amotutts of such insurance shall be not less that the following:
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Property damage,per occurrence $100,000.00 i?
Bodily injury,per person $250,000.00 t
Bodily injury or death,per occurrence S500,000.00 i
With the understanding of and agreement by Grantee drat such insurancc amounts shall be revised �+
upward at City's option and that Grantee shall so revise such amount immediately following ; 1
notice to Grantee of such requirement. Such insurance policy shall provide that it cannot be
canceled or amended without at least thirty(30)days'prior written notice to the Building Official
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CONSENT*AGREKl,t[NTf[r 7ampamry useai puhtic properly t.dor.
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of the City of Foit Worth. A copy of such Certificate of Insurance is attached as Exhibit"A".
Grantee agrees to submit a similar Certificate of Insurance annually to City on the anniversary
date of the execution of this agreement.
Grantee, agrees, binds and obligates itself, it successors and assigns, to maintain and keep in
force such public liability insurance at all times during the term of this agreement and until the
removal of all encroachments and the cleaning and restoration of the city streets. All insurance
coverage required herein shall include coverage of all Grantee's contractors.
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16.
Grantee covenants and agrees that it will not assign all or any of its rights,privileges or duties
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under this contract without prior written approval of City, and any attempted assignment without
such prior written approval shall be void.
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17.
This agreement shall he binding upon the parties hereto,their successors and assigns,
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13.
Should any action, whether real or asserted, at law or ill equity, arise out of the terms and
conditions of this agreement or out of the use and occupancy of City property as permitted
hereunder,venue for said action shall be in Tarrant County,Texas. {
In any action brought by City for the enforcement of the obligations of Grantee,City shall be
entitled to recover interest and reasonable attorneys' fees.
EXECUTED this 9 Jlayof October ,NM. 2020 t
Brazos Restoration &
GRANTOR: GRANTEE: Waterproofing, Inc.
CITY OF FORT WORTH
Building Official j
President
OFFICIAL RECORD
Title
CITY SECRETARY
FT. WORTH, TX
CONGENTAGREEMEN Tfcr Ten"rew ute of pu6iic pmportyi.deo
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APPROVED TO FORM AND LEGALITY:
"a" Oct 9 2020
gdpvOOn4� Nt(r v�rrrl l�`•ra.FY:,:.x:.:rn 1
�F FORr� Assistant City Attorney Date
!a
Ovo o=d for Ronald P.Gonzales OCC 12 2020
Q�,*0 00* for Ronald P.Gonzales(Oct 12,202009:58 CDT) ,
d�a TEXASo°p City Secretary Date
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
7 COflSEWAGREEMElRforTcmperar/use of public proper(yl.oc
Contract CorrtpIiance Manager
By signing [acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
em uin- a!I performance and rep�rtingrcyuirements.
Q. �. '-JvS
or,WuVf Janie S, 11/Iorales
Nvelopment Services Nfana3ger
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OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
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STATE OF TEXAS
CO UNTY OF TARRANT
BEFORE ME,Me uyulersigned nuthorily,a Notiny Public hi and '
For the Slate of Texas, on this dray personaally appew-ed fi
Allison Gra ,knowu to atae to be the her'son whose
fl(arJ2e 13'.S'talJ:r'L'1'itJL'll to tlae foregoing irastrrurtenl, rrr:arl rac/rttolvtealge(1 a`o yrre
tlafit helshe executerl the snare far the propposes wid Consideration therein
etpressedo as the(act and dee(Z af'_the C ity of Fort Worth
and in the Capacity therein stated.
GlVT?1 11:tVDBlt HYM NDslNDS'EiAL 0170ji lt°ICE, tlaig 9th day
0j, _October �r� 20
o,�pRY PUe' LAURIE PEQUENO LEWIS
_ Notary Public
* * STATE OF TEXAS
Allison Gray GV y Notary I.D. 132278952
09�oF� My Comm,Exp.Dec. 10,2023
'paid
Building Official
Title
Digitally signed by
LAURIE LAURIE PEQUENO LEWIS
PEQUENO LEWIS Dale:2020.10.09 17:09:25
-os'oo'
Notaa j,Public in w2d,for,
The State of Texas
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OFFICIAL RECORD j
CITY SECRETARY
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FT. WORTH, TX j
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SI A 7:L OF 1 EXAS I
COUNTY OF TARRANT
BEFORE 51E, the undemigned withodty,et Notmy Publie in(tnd
Fnr the State of Tecas, on this rGrl)persortalll)appeared
Walter F. Johnston ,hnowts tome to be thepetson whose
name is subscribed to the foregoing instrutuent, and acknowledged to nre
that hw/,she executed the samefor the pin-pa.se.s and con,siderat`ion therein
expressed, as the rtet and deed of Brazos Restoration & Waterproofing, Inc.
rrrlrl itt the eaprtrity tltereitt sirtted.
G[VE,IV U(VDER NIYH1jpjDA1 DSE,,gL of OFFICE If,is 5th d(q
of October 2tt2(}
�Iffirtttt Pres dent
Title
CHRISTA WILLIAMS
Notary public Notary Public:in and for
state of Texas The Shale of
.Texas
J ID N 1045223.5
OF Comm.Expires 03/24/2024 4
g OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
JLAR
BRAZRES-01 P�Ti
B(MRIIDD/YYYYIES
CERTIFICATE OF LIABILITY INSURANCE 0/6/2020
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the poiicy(tes)must have ADDITIONAL INSURED provisions or be endorsed,
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement, A statement on
this certificate does not Confer rights to the certificate holder in lieu of such endorsemant(s).
PRODUCER License ff 4682 C TACT Jessie Lares
Hub International Insurance Services PHONE
201 E Main Drive AfC,Nn,ExI;(915)206-6074 6074 FAX rtop(866)399-3972
E(Paso,TX 79901
Suite so0 E-MAIL hub1nternational.com
INSURERS FFORDING COVERAGE NAIC#
-- IHsurteaa:Admiral Insurance Company 24856
INSURED INSURER a:Central Mutual Insurance Corn an 20230
Brazos Restoration&Waterproofing,Inc. INSURERC:Texas Mutual Insurance Company 22945
214 N Cottage
Waxahachie,TX 75165 INSURER D:
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT W1TH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
INSTI R 7ypE OF INSURANCE �ADDI.SUER POLICY EFF POLICY EXP
O wVD POLICY NUMBER i IDOI` IrDD LIMITS
A )( COMMERCIALGENERALLIABILITY EACIIOCCURRENCE $ 1,000,000
CLA1RiS•RIAOE �X OCCUR CA000016122-10 10/9/2020 1019t2021 DA�IAGE7 EarxeED 0 5 60,000
MED EXP An arc erson t S 5,000
-- PERSONA?&ADVINJURY }S 1,000,000
i GEN'LAGGREGATELIMITAPPLIESPER: ' 'GENERAL AGGREGATE S 2,000,000
POLICY a JF( �LOC I PRODUCTS-COMPIOP AGG S 2,000,000
OTHER:
S
13 AUTOMOBILELIA8ILITY ( EOaBINeD SINGLE LIMIT II S 1,000,000
X ANY AUTO BAP 8656253 10/9/2020 10/9/2021 BODILY INJURY Per person O%NEi S
AUTOS AUTOSSCHED L[iU
H ffilSONLY NNAOoUTryryOppS ++EE BODILY INJURY Peraccldenl S
AUTOS ONI.Y 1llTCS NLY Pp �'em AMAGE $
A UMBRELLALIAB X OCCUR EACH OCCURRENCE S 1,000,000
X EXCESSLIAB cL1IMs-MADE IGXOO0001685-03 10/9/2020 10/9/2021 AGGREGATE $ 1,000,000
DED X RETENTIONS 0
C wORI<ERS COMPENSATIONPER
S
AND EMPLOYERS'LIABILITY X gift Il E ER
No YIN 00011O1OOe 101912020 1019/2021 1,000,000
OFFICErFtAIFM7,ER EXCLUDED? N/A i E.L.EACH ACCIDENT $
(Mandatoryln iHl I 1
ifyas,desuibeuntler E,L.DISEASE-EA.ERIPLOYEEIS 1,000,000
L'ESCRlPTIOPIOFOPERATIONSbeloer E.L.DISEASE-POLICY LIMIT S 1,000,000
DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(ACORD 101,AJdilionai Ramarka Schedule,maybe aliaclled If mare s ace Is requirodl
The General Liability and Automobile Liability policies includes a blanket automatic Additional Insure endorsement or policy terms that provide additional
insured status to the certificate holder including the"Products-Completed Operations"hazard only when there is a written contract between the named
insured and the certificate holder that requires such status subject to policy terms and conditions,
The General Liability policy contains a special endorsement with"Primary and Noncontributory"wording subject to policy terms and conditions.
The General Liability,Automobile Liability and Workers Compensation policies includes a blanket automatic Waiver of subrogation endorsement that
provides
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
City of Fort Worth THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
TPW/Traffic Engineering Street Permit Center ACCORDANCE WITH THE POLICY PROVISIONS.
311 W.10th Street
Fort Worth,TX 76102 AUTHORIZED REPRESENTATIVE
ACORD 25(2016/03) O 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
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