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HomeMy WebLinkAboutContract 33969 COMMUNITY FACILITIES AGREEMENT THE STATE OF TEXAS § City Secretary n r COUNTY OF TARRANT § Contract NO3— 2q WHEREAS, Hillwood Residential Services, L.P., hereinafter called "Developer", desires to make certain improvements to Heritage Trace Parkway Sta. 71+00 to Sta. 80+57.75, an addition to the City of Fort Worth, Texas; and WHEREAS, the said Developer has requested the City of Fort Worth, a municipal corporation of Tarrant, Denton and Wise Counties, Texas, hereinafter called "City", to do certain work in connection with said improvements. NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: For and in consideration of the covenants and conditions contained herein, the City and the Developer do hereby agree as follows: I. General Requirements A. The Policy for the Installation of Community Facilities ("Policy") dated March 2001, approved by the City Council of the City of Fort Worth and subsequently amended, is hereby incorporated into this Community Facilities Agreement as if copied herein verbatim. Developer agrees to comply with all provisions of said Policy in the performance of its duties and obligations hereunder. B. The requirements of the Policy shall govern this Community Facilities Agreement, provided, however, that any conflict between the terms of this Community Facilities Agreement and the Policy shall be resolved in favor of this Agreement. C. Developer shall provide financial security in conformance with paragraph 6, Section II, of the Policy. D. Developer acknowledges that there shall be no reduction in the amount of financial security prior to project completion and acceptance by the City. E. The Developer shall award all contracts for the construction of community facilities in accordance with Section II, paragraph 7 of the Policy. F. The contracts for the construction of the public infrastructure shall be administered in conformance with paragraph S, Section II, of the Policy. G. The Developer further covenants and agrees to, and by these presents does hereby, fully indemnify, hold harmless and defend the City, its officers, agents and employees from all suits, actions or claims of any character, whether real or asserted, brought for or on account of any injuries or damages sustained by any persons (including death) or to any property, resulting from or in connection with the construction, design, performance or completion of any work to be performed by said Developer, his contractors, subcontractors, officers, agents or employees, or in consequence of any failure to properly safeguard the work, or on account of any act, intentional or otherwise, neglect or misconduct of said DEVELOPER, his contractors, sub-contractors, officers, agents or employees, whether or not such injuries, death or damages are caused, in whole or in part, by the alleged nedigence of the City of Fort Worth, its officers, servants, or employees. H. Developer shall install or adjust all of the required utilities to serve the development or to construct the improvements required herein. I. In the event that City participation exceeds $25,000, Developer agrees that no street construction or storm drainage will begin prior to City Council approval of this Community Facilities Agreement. (Article 104.100, Ordinance 7234). J. Developer agrees that no lot shall be occupied under a certificate of occupancy until the improvements required herein have been constructed (Article 104.100, Ordinance 7234). K. Developer hereby releases and agrees to indemnify and hold the City harmless for any inadequacies in the preliminary plans, specifications and cost estimates supplied by the Developer for this contract. L. Developer agrees to provide, at its expense, all necessary rights of way and easements across property owned by Developer required to 2 L construct current and future improvements provided for in this agreement. M. Developer agrees to construct proposed improvements as shown on the exhibits attached hereto. The following exhibits are made a part hereof: Water (A)None; Sewer (A-1) None; Paving (B)Attached Storm Drain (B-1) Attached; Street Lights and Signs (C) Attached. N. City shall not be responsible for any costs that may be incurred by Developer in the relocation of any utilities that are or may be in conflict with any of the community facilities to be installed hereunder. II. Street and Storm Drain Facilities A. The Developer(s) agree to install or to cause to have installed, the street, storm drainage, street lighting, street name sign and other community facilities improvements shown as "current improvements" on the attached Exhibits B, B1, and C. B. As shown below in the "Summary of Cost for Street and Storm Drain Facilities", the Developer shall fund its share of "current improvements" and shall pay to the City for its share of the cost of street, storm drainage, street lighting, street name signs as shown on the attached Exhibits B, B 1, and C. The estimated total cost of current improvements and related support services specified in this agreement, including design, construction and inspection is estimated to $197,729.33. 3 SUMMARY OF COST Heritage Trace Parkway Sta. 71+00 to 80+57.75 Item Developer City Cost Total Cost Cost A. Construction $ - 1. Streets $166,388.10 166,388.10 2. Storm Drainage $20,149.00 20,149.00 3. Street Lights $0.00 $ 4. Street Name Signs $0.00 $ B. Engineering Design $ C. Construction Engineering and Management by DOE $ $ 4% 7,461.48 7,461.48 D. Materials Testing by DOE $ $ 2% 3,730.74 3,730.74 $ $ TOTALS 197,729.33 $ - 197,729.33 Notes: 1. All Preliminary Plats filed after July 2000 will require sidewalks on all streets. 2. Developer's column for Item C represents four percent (4%) cost for construction inspection fees. The City will pay additional inspection fee over 4%. 3. City not preparing plans and specifications. 4. Developer's column for Item D represents two percent (2%) of paving and storm drain costs for materials testing. 4 IN TESTIMONY WHEREOF, the City of Fort Worth has caused this instrument to be executed in triplicate in its name and on its behalf by its Assistant City Manager, attested by its City Secretary, with the corporate seal of the City affixed, and said Developer has executed this instrument in triplicate, at Fort Worth,Texas this the day of , 2006. RECEIVED JUL 2 � Approval Recommended: Transportation and Public Works Department Robert Goode, P. E. Director City of ort, rth / t r NO M&C REQU ItLi �I Marc Ott Assistant City Manager TTEST: Y� Marty Hendrix City Secretary Approve to Form- Approve ssist C' y Attorney DEVELOPER Hillwood Residential Services, L.P. A Texas limited partnership ATTEST: By: Hillwood Development Company, a Texas limited liability company, it's general partner s B y: Corporate Secretary Bkan C ock, Vice President 5 rY 1 (1--1 iil� �T r CARTER & BURGESS INC. -- - 777 MAIN STREET, FORT WORTH, TEXAS 76102 PHONE NO_ (817) 785-6000 or Metro (817) 4290170 STREET IMPROVEMENTS ITEM# DESCRIPTION QTYJ UNIT PRICE AMOUNT 1 6" LIME STABALIZED SUBGRADE 4,310 S.Y. 1.55 6,680.50 2 HYDRATED LIME (30#/SY) 65 TON 85.00 5,525.00 3 8" R.C. STREET PVMT W/7" CURB 4,020 S.Y. 26.28 105,645.60 4 CONNECT TO EX. PAVEMENT 525 L.F. 10.00 5,250.00 5 REMOVE EXISTING PAVEMENT MARKINGS 1 L.S. 1500.00 1,500.00 6 STD. 4' SIDEWALK 3,870 S.F. 3.00 11,610.00 7 REMOVE/ HAUL OFF TEMP. TRANSITION PVMT. 995 S.Y. 10.00 9,950.00 8 6" CONCRETE CURB & GUTTER 550 L.F. 20.00 11,000.00 9 PAVEMENT MARKINGS DETAIL A 2,688 L.F. 1.50 4,032.00 10 PAVEMENT MARKINGS DETAIL D 1,530 L.F. 1.50 2,295.00 11 SWPPP 1 1 L.S. 1000.001 1,000.00 12 CITY REQUIRED BONDS 1 L.S. 1900.001 1,900.00 TOTAL - PAVING $166,388.1011 STORM DRAIN SYSTEM ITEM# DESCRIPTION QTY UNIT PRICE AMOUNT 1 24" RCP 179 L.F. 58.00 10,382.00 2 21" RCP 8 L.F. 50.00 400.00 3 TRENCH SAFTY 187 L.F. 1.00 187.00 4 10' CURB INLET 1 EA. 2,200.00 2,200.00 5 4' SQUARE MANHOLE 1 EA. 3,000.00 3,000.00 6 INSTALL 24" HEADWALL TYP.B 1 EA. 1,500.00 1,500.00 7 REMOVE/ HAUL OFF 24" HEADWALL TYP.B 1 EA. 800.00 800.00 8 INSTALL ROCK RIP RAP 181 S.Y. 60.001 1,080.00 9 CONNECT TO EXIST STORM DRAIN 1 1 L.S. 500.001 500.00 9 SWPPP 1 1 L.S. 100.001 100.00 TOTAL STORM DRAIN SYSTEM $20,149.00 Hillwood Residential Services, L.P. A Texas Limited Partnership By its General Partner: Hillwood Development Cefpefa *w 00MP4r y Brian Carlock, Vice President �/ v 5430 LBJ Freeway, Suite 800 Dallas, Texas 75240 972-201-2800 gAjob\0114871est\CFA-S0UTH.xls+20-06 1 PART B—PROPOSAL (This Proposal must not be removed from this book of Contract Documents) /1, 4-0 TO: HILLWOOD RESIDENTIAL SERVICES, L.P. t PROPOSAL FOR: PROJECT NAME: HERITAGE TRACE PARKWAY STATION 71+00 TO 80+57.75 WATER PROJECT NO. P164-060164015462 SEWER PROJECT NO. P174-070174013455 D.O.E. NO. 5170 X NO.: 18249 Includes the furnishing of all materials (except as specified to be furnished by the City), equipment and labor for the installation of Street Improvements and all necessary appurtenances and incidental work to provide a complete and serviceable project designated as: Heritage Trace Parkway Station 71+00 to 80+57.75 Pursuant to the foregoing "Notice to Bidders," including plans, special contract documents, and the General Contract Documents and General Specifications for Water Department Projects, the site of the project and understanding the amount of work to be done, and the prevailing conditions, hereby proposes to do all the work,furnish all labor, equipment and material except as specified to be furnished by the City, which is necessary to fully complete the inspection and approval of the Director of the City Water Department of the City of Fort Worth, Texas; and binds himself upon acceptance of this proposal to exagute a contract and furnish an approved Performance Bond, Payment Bond, Maintenance Bond, and such other bonds, if any, as may be required by the Contract Documents for the performing and completing of the said work. Contractor proposes to do the work within the time stated and for the following sums: (Furnish and install, including all appurtenant work, complete in place, the following items. D-No. refers to related items in Part D of the Special Conditions): DESCRIPTION OF ITEMS SPEC PAY APPROXIMATE WITH BID PRICES WRITTEN IN UNIT AMOUNT ITEM ITEM QUANTITY WORDS PRICE BID PART A—HERITAGE TRACE PARKWAY 210 1 4,310 S.Y. 6" Lime Stabilized Subgrade (Includes Preparation of Subgrade), complete in place for the sum of One Dollar& Fifty Five Cents per Square Yard $1.55 $6,680.50 212 2 65 TON Lime for Subgrade (30#/S.Y.) complete in place for the sum of Eighty Five Dollars& No Cents per Ton $85.00 $5,525.00 N:J013\0114Mpec\011487.200.pay.doc B-1 Vq C, ,,I I }, ' �,J ,p DESCRIPTION OF ITEMS SPEC PAY APPROXIMATE WITH BID PRICES WRITTEN IN UNIT AMOUNT ITEM ITEM QUANTITY WORDS PRICE BID 314 3 4,020 S.Y. 8" Reinforced Concrete Pavement, complete in place for the sum of Twenty Six Dollars & Twenty Eight Cents per Sq. Yard $26.28 $105,645.60 4 525 L.F. Connect to Existing Pavement, Complete in place for the sum of Ten Dollars & No Cents per Linear Foot $10.00 $5,250.00 5 1 L.S. Remove Existing Buttons One Thousand Five Hundred Dollars & No Cents pgr Lump Sum $1,500.00 $1,500.00 6 3,870 S.F. 4'Wide Sidewalk, complete in place for the sum of Three Dollars& No Cents per Square Foot $3.00 $11,610.00 7 995 S.Y. Remove/ Haul off Temporary Transition Pavement, Complete in place for the sum of Ten Dollars & No Cents per Square Yard $10.00 $9,950.00 8 550 L.F.. 6"Curb Gutter, complete in place for the sum of Twenty Dollars& No Cents per Linear Foot $20.00 $11,000.00 N:JOB\011487\spec\011487.200.pay.doc B-2 DESCRIPTION OF ITEMS SPEC PAY APPROXIMATE WITH BID PRICES WRITTEN IN UNIT AMOUNT ITEM ITEM QUANTITY WORDS PRICE BID 9 2,688 L.F. Pavement Striping and Buttoning, Lane Markers, Type II-CR-4 and Type W-4 (See Construction Plans, Pavement Marking Sheets, Detail Detail A), complete in place for the sum of One Dollars & Fifth_Cents per Linear Foot $1.50 $4,032.00 10 1,530 L.F. Pavement Striping and Buttoning, Left Turn Lane Markers, Type II- CR-4 and Type W-4 (See Construction Plans, Pavement Marking Sheets, Detail D), complete in place for the sum of One Dollars & Fift Cents per Linear Foot $1.50 $2,295.00 11 1 L.S. Storm Water Pollution Prevention Maintenance 4 One Thousand Dollars & No Cents per Lump Sum $1,000.00 $1,000.00 12 1 L.S. City Required Bonds (Payment, Performance, and Maintenance Bonds) One Thousand Nine Hundred Dollars & No Cents per Lump Sum $1,900.00 $1,900.00 PART A—HERITAGE TRACE PARKWAY $ 166,388.10 City of Fort Worth requires a minimum of*Y. The Paving Contractor will be responsible for a lime series test as directed by the City of - Fort Worth Construction Inspection Department. Owner shall be responsible for installation of all silt barriers,sediment traps,check dams,and seeding. The Earthwork contractor shall be responsible for the"Construction Entrance/Exit"installation. c,. r� �,r�ar�1 N:VOB\0114871specA011487.200.pay.dce B-3 } �;���� !�t'�V 1 ju�SIJ'��L' �'<�((-I,I??•?�IRIZ\��u{2`, This contract is issued by an organization which qualifies for exemption pursuant to the provisions of Article 20.04(F)of the Texas Limited Sales, Excise and Use Tax Act. Taxes: All equipment and materials not consumed by or incorporated into the project construction, are subject to State sales taxes under House Bill 11, enacted August 15, 1991. The Contractor shall comply with City Ordinance 7278, as amended by City Ordinance 7400 (Fort Worth City Code Sections 13-A-21 through 13-A-29), prohibiting discrimination in, employment practices. The undersigned agrees to complete all work covered by these Contract Documents within 45 calendar days from and after the date for commencing work, as set forth in the written Work Order tp be issued by the Owner, and to pay not less than the "Prevailing Wage Rates for Streets,.Drainage and Utility Construction," as established by the City of Fort Worth, Texas. Within ten (10) days of reGeipt of natiGe Of aGGeptanGe of this bid, the undeFsigned will exeGute the propeFty of the City of Fort Worth, Texas, OF the attarhed Sic-le-Iseir!s -Rond is to be ferfeited in the event the raentFart and bond aFe not exeGuted within the tome set feFth as liquidated Respectfully submitted, 1 By: Address: (S E A L) If Bidder is Corporation Date Receipt is acknowledged of the following addenda: Addendum No. 1 Addendum No. 2 N:VOB\01 1487\spec\01 1487.200.pay.doc B-4 PART B—PROPOSAL 4y (This Proposal must not be removed from this book of Contract Documents) TO: HILLWOOD RESIDENTIAL SERVICES, L.P. PROPOSAL FOR: PROJECT NAME: HERITAGE TRACE PARKWAY STATION 71+00 TO 80+57.75 D.O.E. NO. 5288 FILE NO. K-1936 Includes the furnishing of all materials (except as specified to be furnished by the City), equipment and labor for the installation of Water, Sanitary Sewer, and Storm Drain Improvements and all necessary appurtenances and incidental work to provide a complete and serviceable project designated as: Heritage Trace Parkway Station 71+00 to 80+57.75 Pursuant to the foregoing "Notice to Bidders," including plans, special contract documents, and the General Contract Documents and General Specifications for Water Department Projects, the site of the project and understanding the amount of work to be done, and the prevailing conditions, hereby proposes to do all the work, furnish all labor, equipment and material except as specified to be furnished by the City, which is necessary to fully complete the inspection and approval of the Director of the City Water Department of the City of Fort Worth, Texas; and binds himself upon acceptance of this proposal to execute a contract and furnish an approved Performance Bond, Payment Bond, Maintenance Bond, and such other bonds, if any, as may be required by the Contract Documents for the performing and completing of the said work. Contractor proposes to do the work within the time stated and for the following sums: (Furnish and install, including all appurtenant work, complete in place, the following items. D-No. refers to related items in Part D of the Special Conditions): SPEC PAY APPROXIMATE DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT ITEM ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE BID SECTION C-STORM DRAIN SYSTEM 440 1. 179 L.F. 24"Class III R.C. Pipe, Including Trench Excavation and Backfill, Complete in Place for the Sum of Fifty Eight Dollars & No Cents per Linear Foot $58.00 $10,382.00 MUM011540\Spec\011540.040StormDrandoc Page 1r,1P �fd�l,, SPEC PAY APPROXIMATE DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT ITEM ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE BID 2. 8 L.F. 21" Class III R.C. Pipe, Including Trench Excavation and Backfill, Complete in Place for the Sum of Fifty Dollars& No Cents per Linear Foot $50.00 $400.00 3. 187 L.F. Trench Safety, Complete in Place for the Sum of One Dollars & No Cents per Linear Foot $1.00 $187.00 444 4. 1 Ea. 10' 'Recessed Inlet, Complete in Place for the Sum of Two Thousand Two Hundred Dollars & -i No Cents Each $2,200.00 $2,200.00 444 5. 1 Ea. Standard 4' Square Manhole, Complete in Place for the Sum of Three Thousand Dollars& No Cents Each $3,000.00 $3,000.00 444 6. 1 L.S. 24"Type B Headwall, Complete in Place for the Sum of One Thousand Five Hundred Dollars & No Cents per Lump Sum $1,500.00 $1,500.00 N:UOB%011540XSpec1011540.040StormDrain.doc Page 2 SPEC PAY APPROXIMATE DESCRIPTION OF ITEMS WITH BID UNIT AMOUNT ITEM ITEM QUANTITY PRICES WRITTEN IN WORDS PRICE BID 7. 1 L.S. Remove and Haul off Existing 24" Type B Headwall, Complete in Place for the Sum of Eight Hundred Dollars & No Cents per Lump Sum $800.00 $800.00 8. 18 S.Y. Rock Rubble Rip Rap, Complete in place, for the sum of Sixty Dollars & No Cents per Square Yard $60.00 $1,080.00 S.P. 9. 1 Ea. Connect to Existing Storm Drain System,for the sum of Five Hundred Dollars & No Cents per Each $500.00 $500.00 S.P. 10. 1 L.S. Storm Water Pollution Prevention Maintenance, for the sum of One Hundred Dollars& No Lump Sum $100.00 $100.00 SECTION C --- STORM DRAIN SYSTEM $20,149.00 N:UOM011540\,SpecX011540.040St rmDrain.doc Page �V11A1` A� �II�7 4b) •jI'j' 1�.4 Y�9 Y+�J� F PART B- PROPOSAL(Cont.) After acceptance of this Proposal, the undersigned will execute the formal contract and will deliver an approved Surety Bond and such other bonds as required by the Contract Documents, for the faithful performance of the Contract. The attached bid security, if required is to become the property of the Developer. The undersigned bidder certified that he has obtained at least one set of the General Contract Documents and General Specifications for Water Department Projects dated January 1, 1978, and that he has read and thoroughly understands all the requirements and conditions of those General Documents and the specific Contract Documents and appurtenant plans. The successful bidder shall be required to perform the work in accord with the following publications, both of which are incorporated herein and made a part hereof for all purposes: 1. The General Contract Documents and General Specifications for Water Department Projects dated January 1, 1978,which may be purchased from the Water Department 2. The Standard Specifications for Street and Storm Drain Construction which may be purchased from the Department of Transportation & Public Works. The undersigned assures that its employees and applicants for employment and those of any labor organization, subcontractors, or employment agency in either furnishing or referring employee applicants to the undersigned are not discriminated against as prohibited by the terms of City Ordinance No. 7278 as amended by City Ordinance No. 7400. The Bidder agrees to begin construction within 5 calendar days after issue of the work order, and to complete the contract within 10 working days after beginning construction as set forth in the written work order to be furnished by the Owner. (Complete A or B below, as applicable:) A. The principal place of business of our company is in the State of Nonresident bidders in the State of , our principal place of business, are required to be percent lower than resident bidders by state law. A copy of the statute is attached. Non resident bidders in the State of , our principal place of business, are not required to underbid resident bidders. X B. The principal place of business of our company or our parent company or majority owner is in the State of Texas. N:UOB\011540\Spec\011540.040StormDrain.doc Page 4 I oil I 111 I (we) acknowledge receipt of the following addenda to the plans and specifications, all of the provisions and requirements of which have been taken into consideration on preparation of the foregoing bid: Addendum No. 1 (Initials) Addendum No. 3 (Initials) Addendum No. 2 (Initials) Addendum No. 4 (Initials) Respectfully submitted, Conatser Construction TX, L.P. By: Jerry Conatser Title President Address P. O. Box 15448 Fort Worth, Texas 76119 Telephone: 817-534-1743 (Seal) Date: N:UOB10115401Spec5011540.040StormDrain.doc Page 5 III STREETLIGHTS I. STREETLIGHTS COST ESTIMATE: QUANTITY UNIT COST TOTAL COST INTERSECTIONS 0 EA $ 2,600 $00,000.00 MID-BLOCK RESIDENTIAL 0 EA $ 2,600 $00,000.00 CHANGE OF DIRECTION RESIDENTIAL 0 EA $ 2,600 $00,000.00 MID-BLOCK COLLECTOR 0 EA $ 2,600 $00,000.00 MID-BLOCK ARTERIAL 0 EA $ 3,200 $00,000.00 MID-BLOCK ARTERIAL MEDIAN 0 EA $ 3,200 $00,000.00 RELOCATE EXISTING LIGHT 0 EA $ 1,650 $00,000.00 Subtotal $00,000.00 City's Cost $00,000.00 Developer's Subtotal $00,000.00 4% Inspection fee $0,000.00 Project Total $00,000.00 Adjacent Developer's Cost $00.000.00 Developer's Cost $0.00 DEVELOPERS COST: $0.00 CFA CODE # 2006041 Heritage Trace Pkwy Fort worth, Texas July 19, 2006 PAGE 1 OF EXHIBIT "C" II. STREETLIGHTS WORK DESCRIPTION: 1. The Developer shall provide for the installation of streetlights at the approximate locations shown in exhibit "C", immediately after final acceptance of the street construction, in accordance with engineering plans and specifications approved by the Transportation and Public Works Department. 2. Streetlights on residential and/or collector streets can be installed using overhead or underground conductors with the approval of the director of transportation and Public Works. 3. The City of Fort Worth will install all the streetlights that use overhead or underground conductors on residential, and collector streets. The developer agrees to pay the City of Fort Worth the amount shown below prior to the City starting its design efforts, at the option of the developer and at their expense they may purchase the poles, fixtures, and mast arms from the City in order to assure compliance with city material standards 4. Street lights on arterial streets shall be installed with underground conductors 5. The developer agrees to dedicate all easements required for the installation and maintenance of the street lights and to provide for the installation of any electrical transformers required for the proper operations of the street light system 6. The estimated cost of this streetlight installation is detailed on page (1) of exhibit "C" and is summarized below. The streetlights will remain the property of, and will be maintained by the City of Fort Worth. DEVELOPERS COST: $0.00 July 19, 2006 CFA CODE # 2006041 Heritage Trace Pkwy PAGE 2 OF EXHIBIT "C" III. STREETLIGHTS LOCATIONS: INTERSECTIONS: MID-BLOCK: CHANGE-OF-DIRECTION: CFA CODE # 2006041 Heritage Trace Pkwy PAGE 3 OF EXHIBIT "C" Iv STREET NAME SIGNS 1. The City of Fort Worth will install the street name signs upon final approval of the street construction. The street name signs will remain the property of, and will be maintained by, the City of Fort Worth. 2. The Developer will pay for the street name sign installations required for this development to the extent of $245.00 per intersection. This unit cost will be revised annually by the Department of Transportation and Public Works to reflect prevailing costs of materials and labor. 3. This development creates the following zero (0) intersections at a cost to the Developer of 0.00: No new intersections, Heritage Trace Pkwy CFA code: 2006041 July 19, 2006 0 0 0 a O yl O t O d N U Z � 0 N N a C5 c m z W g 3 n a, v� v� W a..... 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