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19-2878ORDINANCE NO. 19-2$%$ AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL CORPORATION, AUTHORIZING THE APPROVAL OF A FIRST AMENDMENT TO A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF DENTON AND BURGESS AND NIPLE, INC., AMENDING THE CONTRACT APPROVED BY CITY COUNCIL ON JIJNE 19, 2018, IN THE NOT-TO-EXCEED AMOUNT OF $255,000; SAID FIRST AMENDMENT TO PROVIDE ADDI"I,IONAL ENGINEERING SERVICES FOR THE MORSE STREET PROJECT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (RFQ 6590-009 — PROVIDING FOR AN ADDITIONAL FIRST AMENDMENT EXPENDITURE AMOUNT NOT-TO-EXCEED $88,000, WITH THE "I,O"1'AL CONTRACT AMOUNT NO-Tn-EXCEED $343,000). WHEREAS, on June 19, 2018, the City Council awarded a contract to Burgess and Niple, Inc., in the amount of $255,000 for engineering services for the Morse Street Project for the City of Denton; and WHEREAS, the Staff having recommended, and the City Manager having recommended to the Council that an amendment be authorized to amend such contract agreement with respect to the term of the agreement and an increase in the payment amount; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The First Amendment, increasing the amount of the contract between the City and I3urgess and Niple, Inc., which is on file in the oftice of the Purchasing Agent, in the amount of Eighty-Eight Thousand and 0/100 ($88,000) Dollars, is hereby approved and the expenditure of funds therefor is hereby authorized in accordance with said amendment. The total contract amount increases to $343,000. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. w The mot� to approve this ordinance was made by � and seconded by �SQ�,, V�S , the ordinance was assed proved by the following vote [� - �: Mayor Chris Watts: Gerard Hudspeth, District 1: Keely G. Briggs, District 2: Jesse Davis, District 3: John Ryan, District 4: Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 6: Aye Nay Abstain ✓ �� � ✓ �� ✓ _�� Absent PASSED AND �1PPROVF;n this the �C��"day of �,,�•,•�:�� 2019. , A"l�"I�ES"I�: ROSA RIOS, CITY SECRETARY � - BY: APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY B Y : �t,Ci G � .,o rr /' � `''` �'�I IRIS WATTS, MAYOR DocuSign Envelope ID: 5E5D6CAD-0453-42E9-94F4-E3B5B9CF21B3 . �////////O///O////i0//i//////////////%%%%///////////% � � Docusign City Council Transmittal Coversheet FILE 6590-009 File Name Morse Street Expansion Purchasing Contact �aura Hermosillo City Council Target Date December lo, zol9 Piggy Back Option Not Appl i cabl e Contract Expiration "�A Ordinance 19-28�8 D3 V� DocuSign Envelope ID: 5E5D6CAD-0453-42E9-94F4-E3B5B9CF21B3 FIRST AMENDMENT TO CONTRACT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND BURGESS & NIPLE, INC. FILE 6590-009 THE STATE OF TEXAS COUNTY OF DENTON THIS FIRST AMENDMENT TO CONTRACT 6590-009 ("Amendment") by and between the City of Denton, Texas ("City") and Bur�ess & Ni�le, Inc. ("Consultant"); to that certain contract executed on June 19, 2018, in the original not-to-exceed amount of $255,000 (the "Agreement"); for services related to the design of the Morse Street Expansion Project; WHEREAS, the City deems it necessary to further expand the services provided by Consultant to the City pursuant to the terms of the Agreement, and to provide an additional not-to-exceed amount $88,000 with this Amendment for an aggregate not-to-exceed of $343,000. FURTHERMORE, the City deems it necessary to further expand the goods/services provided by Consultant to the City; NOW THEREFORE, the City and Consultant (hereafter collectively referred to as the "Parties"), in consideration of their mutual promises and covenants, as well as for other good and valuable considerations, do hereby AGREE to the following Amendment, which amends the following terms and conditions of the said Agreement, to wit: The additional services described in Exhibit "A" of this Amendment, attached hereto and incorporated herein for all purposes, for professional services related to the Morse Street Expansion, are hereby authorized to be performed by Consultant. For and in consideration of the additional services to be performed by Consultant, the Owner agrees to pay, based on the cost estimate detail attached as Exhibit "A" to this Amendment, a total fee, including reimbursement for non-labor expenses an amount not to exceed $88,000. 2. This Amendment modifies the Agreement amount to provide an additional $88,000 for the additional services with a revised aggregate not to exceed total of $343,000. The Parties hereto agree, that except as specifically provided for by this Amendment, that all of the terms, covenants, conditions, agreements, rights, responsibilities, and obligations of the Parties, set forth in the Agreement remain in full force and effect. 6590-009 — Amendment #1 Page 1 of 2 DocuSign Envelope ID: 5E5D6CAD-0453-42E9-94F4-E3B5B9CF21B3 IN WITNESS WHEREOF, the City and the Consultant, have each executed this Amendment electronically���,���ugh their respective duly authorized representatives and officers on this date . � CITY" CITY OF DENTON, TEXAS A Texas Municipal Corporation DocuSigned by: By� fiar�.� k�iG�a.�n, B776C711BA�D454_ TODD HILEMAN, CITY MANAGER ATTEST: ROSA RIOS, CITY SECRETARY DocuSigned by: BY� �'+� R� 1GSCA8G�E175493... "CONSULTANT" BURGESS & NII'LE, INC. DocuSigned by: By: M.aV� �.�,a.V'r� A7378AE39SBB4ED... STEVEN D. SANDERS, P.E., VICE PRESIDENT APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY DocuSigned by: BJ • Mw� �Q.tAWwnal, 7F9G328BF0204E5... THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms. DocuSigned by; � ���� Todd Estes RF.�iRFfl_�a7$Q]�y. SIGNATURE PRINTED NAME City Engineer TITLE Capital projects DEPARTMENT 6590-009 — Amendment #1 Page 2 of 2 DocuSign Envelope ID: 5E5D6CAD-0453-42E9-94F4-E3B5B9CF21B3 �"TT���� � XH = �.�:�� �.`�`�:�' 11 � � 395o Fossil Creek Blvd. � Suite �io � Fort Worth, TX 76i37 I$17�3o6�i444 July 11, 2019 City of Denton, Texas 215 E McKinney St Denton TX 76201-4299 Attn: Giancarlo G. Patino, P.E., CFM RE: Scope of Services Revision Request, Rev #1 Morse Street Expansion Engineering Services: Design, Advertisement, Bidding, Award & Construction Admin. Purchase Order # 186323 Contract 6590-009 Contract Date 6/19/2018 B&N PROJECT NO. 56672 Mr. Patino: This letter is our formal request for a Scope of Services Revision for Professional Engineering Design Services. Justification After we made the preliminary design submittal, the City stopped the project because of issues with the property owner at the southeast corner of Morse Street and Kimberly Drive. The project has changed such that we will expend additional effort on the design plans as described in the attached amendment. Based upon the attached scope of work, the cost proposed for this amendment is $88,000.00. Please let me know if you have any questions or need additional information concerning this request. Respectfully submitted, BURGESS & NIPLE, INC. TBPE FIRM REGISTRATION NO. F-10834 �� � • • William D. Wendland, P.E. Associate Director, Fort Worth Public Sector Attachments P:\PR56672\PM\Contract\CO\CO 1\Morse Street Road Diet C01 R1 -1 Contract Amendment Cover Letter 20190711.docx �71.1YC��55'1�I���2.CC}r7ti DocuSign Envelope ID: 5E5D6CAD-0453-42E9-94F4-E3B5B9CF21B3 AGREEMENT AMENDMENT NO. 1 Professional Engineering Design Services for Morse Street Expansion Objective The objective of this Task Order is to authorize and direct ENGINEER to proceed with the work specified in the Scope of Services of this Task Order, in accordance with the provisions of Article I(A) of the Standard Agreement for Engineering Related Design Services between the parties hereto dated the 19th day of June, 2018 (FILE 6590-009), hereinafter referred to as the AGREEMENT. 2. Scope of Services After the ENGINEER made the preliminary design submittal, the CITY stopped the project because of issues with the property owner at the southeast corner of Morse Street and Kimberly Drive. ENGINEER is now directed to revise the design of Morse Street from Loop 288 to South Mayhill Road. This requires a traffic analysis and a re-design of the project. Previously, the ENGINEER had designed an asphalt overlay on Morse Street from Loop 288 to Kimberly Drive and half of the street from Kimberly Drive to South Mayhill Road. Now ENGINEER is to design full street and water line replacement from Loop 288 to Kimberly Drive. The project has changed such that ENGINEER will expend additional effort on the design plans as further described below: Rev #1 a. ENGINEER shall evaluate reducing the number of lanes on Morse Street from Loop 288 to South Mayhill Road. This effort will be accomplished entirely within the existing Agreement's Task 11.0, Miscellaneous Design Services. Traffic Counts 24-hour turning movement counts will be conducted at the intersections of Morse Street & SR 288 and Morse Street and South Mayhill Road. Counts will be conducted using video recording and processed through Miovision. 24-hour, AM peak and PM peak exhibits will be created for the corridor. Traffic Analysis Existing traffic counts will be expanded to a 20-year design using annual growth factors. If possible, the growth factors will be developed using historic traffic counts. If counts are not available, growth factors will be estimated. Traffic analysis will be conducted to determine if the number of lanes on Morse Street can be reduced. AM and PM capacity analysis will be conducted at the two study intersections for two alternatives to determine the required lane use at the intersections and best way reduce lanes in the corridor. iii. Alternative Exhibits Exhibits will be prepared for two alternatives for the lane reduction and adjustment to the left turn lanes at the Morse and SR 288 intersection. The exhibits will be created on the existing aerial. Two iterations of each alternative are assumed. iv. Memo A brief inemo will be prepared to summarize the traffic counts, capacity analysis and corridor geometry for Morse Street. b. ENGINEER shall perform the following design tasks, starting over with the project's Preliminary Design phase: Page 1 of 3 DocuSign Envelope ID: 5E5D6CAD-0453-42E9-94F4-E3B5B9CF21B3 Rev #1 AGREEMENT AMENDMENT NO. 1 Professional Engineering Design Services for Morse Street Expansion i. The eastern portion of Morse Street at the intersection of Loop 288 & Morse Street shall be redesigned. The southernmost westbound lane is to be removed and the southernmost eastbound left-turn lane is to be removed and replaced with a wider median. Pedestrian crosswalks will be redesigned to fit the new intersection. ii. Morse Street shall taper down to the new standard 3 lanes across the Denton County business driveway. iii. A dedicated right-turn lane shall be added to eastbound Morse Street at the Kimberly Drive intersection. iv. The entire Morse Street between Loop 288 and South Mayhill Road shall be redesigned such that it will removed and replaced with new asphalt pavement. Additional Subsurface Utility Engineering is anticipated for this task. v. The water line and services that are under Morse Street between Loop 288 and Kimberly Drive will be designed to be replaced. vi. Sidewalks will be designed to be reconstructed adjacent to Morse Street where possible. Where there will not be a new sidewalk, a mid-block crossing will be added. New handicap ramps at all intersections will be required. vii. Morse Street between Kimberly Drive & South Mayhill Road shall be redesigned as a 3-lane roadway (one lane in each direction with a continuous left-turn lane). viii. A right-turn only lane and corresponding right-of-way acquisition shall be added on the eastbound Morse Street & South Mayhill Road intersection. ix. New signage shall be added to reflect right turn lane on eastbound Morse Street approaching Loop 288. The traffic signal will need to be studied and possibly adjusted. Page 2 of 3 DocuSign Envelope ID: 5E5D6CAD-0453-42E9-94F4-E3B5B9CF21B3 AGREEMENT AMENDMENT NO. 1 Professional Engineering Design Services for Morse Street Expansion 3. Compensation � $88,000.00 is added to the contract amount by individual tasks as shown: Task Additional Proposed No. Task Description Current Fee Fee Fee 1.0 Pro�ect Mana ement $ 27,500 $ 9,300 $ 36,800 2.0 Conce tual Desi n $ 25,450 $ 0 $ 25,450 3.0 Preliminar Desi n $ 36,800 $ 31,000 $ 67,800 4.0 Final Design $ 31,650 $ 15,700 $ 47,350 5.0 Bid Phase $ 13,400 $ 0 $ 13,400 6.0 Construction Phase Services $ 36,300 $ 1,500 $ 37,800 7.0 ROW/Easement Services $ 13,800 $ 0 $ 13,800 8.0 Survey and SUE $ 26,250 $ 12,125 $ 38,375 9.0 Permitting $ 3,400 $ 1,225 $ 4,625 10.0 Water Desi n, Biddin & Const. Admin. $ 24,350 $ 17,150 $ 41,500 11.0 Miscellaneous Desi n Services $ 11,100 $ 0 $ 11,100 Totals: $ 250,000 $ 88,000 $338,000 See Attachment A for detailed breakdown of the above tasks. Notice to Proceed This Task Order shall become effective immediately upon its execution by both parties and shall constitute a NOTICE TO PROCEED. 5. Terms and Conditions All Terms and Conditions contained in the AGREEMENT are incorporated herein by reference. Executed this day of Julv, 2019. City of Denton: William Todd Estes, P.E. Director of Capital Projects Rev #1 Attachments Burgess & Niple, Inc. � � , f_,- �� - Steven D. Sanders, P.E. Vice President P:\PR56672\PM\CONTRACT\CO\CO 1\MORSE STREET ROAD DIET C01 R1 - 2CONTRACT AMENDMENT SCOPE OF WORK.DOCX Page3of3 DocuSign Envelope ID: 5E5D6CAD-0453-42E9-94F4-E3B5B9CF21B3 �I�RG�S� � 1\I1�'LE Er��ineers ■ Plann�rs Attachment A Level of Effort Spreadsheet TASK/HOUR BREAKDOWN Contract Amendment for Professional Services for Design and Construction of Morse Street Road Diet City of Denton, Texas Attachment A- Level of Effort Project Summary Total Hours 459 Total Labor $74,509 Total Trevel & Re ro Ex ense $676 SubconsWtant $12,815 Total Project Added Cost * $SS,000 * Project Summary totals exclude Task 77.0, which is in the original Agreement 1 of 1 DocuSign Envelope ID: 5E5D6CAD-0453-42E9-94F4-E3B5B9CF21B3 Exhibit B CONFLICT OF INTEREST QUESTIONNAIRE - For vendor or other person doina business with local aovernmental enti This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. FORM CIQ This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor. Name of vendor who has a business relationship with local governmental entity. Bu rgess & Ni pl e, Inc . � Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the oripinally filed questionnaire was incomplete or inaccurate.) Name of local government officer about whom the information in this section is being disclosed. N/A Name of Officer This section, (itenl3 including subparts A, B, C& D), nlust be conlpleted far each oiticer with whonl the vendor has an enlploynlent or other business relationship as detined by Section 176.001(1-a), Local Governnlent Code. Attach additional pages to this Forn1 CIQ as necessary. A. Is the local governnlent oiticer nanled in this section receiving ar likely to receive taxable inconle, other than investnlent inconle, fionl the vendor? � Yes � No B. Is the vendor receiving or likely to receive taxable inconle, other than investnlent inconle, fionl or at the direction of the local governnlent oiticer nanled in this section AND the taxable inconle is not received fionl the local governnlental entity? � Yes � No C. Is the tiler of this questionnaire enlployed by a corparation ar other business entity with respect to which the local governnlent oiticer serves as an oi�icer ar director, or holds an ownership of one percent or nlare? � Yes � No D. Describe each enlploynlent or business and fanlily relationship with the local governnlent oiticer nanled in this section. N/A X❑ I have no Conflict of Interest to disclose. DocuSigned by: ( Y V �(�1` � j,� �AA.�{A�► � ��t������Pdoing business with the governnlental entity 11/27/2019 Date Certificate Of Completion Envelope Id: 5E5D6CAD045342E994F4E3B5B9CF21 B3 Subject: Please DocuSign: City Council Contract 6590-009 Amendment #1 - Morse Street Expansion Source Envelope: Document Pages: 9 Signatures: 6 Certificate Pages: 6 Initials: 1 AutoNav: Enabled Envelopeld Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) Record Tracking Status: Original 1 1/26/201 9 6:38:56 PM Signer Events Laura Hermosillo laura.hermosillo@cityofdenton.com Senior Buyer City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Mark Bernhardt mark.bernhardt@burgessniple.com Chairman Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 11/27/2019 2:32:02 PM ID:4ebb3f6a-4c43-4f08-88a6-fc8b27f7e1ab Todd Estes Todd. Estes@cityofdenton.com City Engineer Capital Projects Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 11/27/2019 1:41:48 PM ID:22f2573b-c3e8-45de-9844-cccb52be456d Lori Hewell lori. hewell@cityofdenton.com Purchasing Manager City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Holder: Laura Hermosillo laura.hermosillo@cityofdenton.com Signature COmpleted Using IPAddress: 129.120.6.150 DocuSigned by: �. ��,�^� A7378AE398BB4E0... Signature Adoption: Pre-selected Style Using IPAddress: 159.63.2.158 DocuSigned by: [� ��- 0658E4FSFB78476... Signature Adoption: Drawn on Device Using IPAddress: 174.206.10.105 Signed using mobile ��� Signature Adoption: Pre-selected Style Using IPAddress: 47.184.81.15 � �> � �,� � Status: Completed Envelope Originator: Laura Hermosillo 901 B Texas Street Denton, TX 76209 laura.hermosillo@cityofdenton.com IP Address: 129.120.6.150 Location: DocuSign Timestamp Sent: 11/26/2019 6:45:11 PM Viewed: 11/26/2019 6:45:17 PM Signed: 1 1/26/201 9 6:45:20 PM Sent: 11/26/2019 6:45:22 PM Resent: 11/27/2019 2:31:26 PM Viewed: 11/27/2019 2:32:02 PM Signed: 1 1/27/201 9 2:37:41 PM Sent: 11/26/2019 6:45:22 PM Viewed: 11/27/2019 1:41:48 PM Signed: 1 1/27/201 9 1:42:13 PM Sent: 11/26/2019 6:45:22 PM Viewed: 11/26/2019 8:06:08 PM Signed: 1 1/26/201 9 8:06:47 PM Signer Events Mack Reinwand mack.reinwand@cityofdenton.com City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Cheyenne Defee cheyenne.defee@cityofdenton.com Contract Administrator City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Todd Hileman Todd.Hileman@cityofdenton.com City Manager City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 7/25/2017 11:02:14 AM ID:57619fbf-2aec-4b1f-805d-6bd7d9966f21 Rosa Rios rosa.rios@cityofdenton.com City Secretary Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 12/12/2019 4:00:53 PM ID:cedc3bb9-47dc-40c2-9084-523b1b66cefe In Person Signer Events Editor Delivery Events Agent Delivery Events Intermediary Delivery Events Certified Delivery Events Carbon Copy Events Cheyenne Defee cheyenne.defee@cityofdenton.com Contract Administrator City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Signature CDocuSigned by: �n4�k- ��w.,�� 7F9D328BF0204E5... Signature Adoption: Pre-selected Style Using IPAddress: 129.120.6.150 � a ' �►�� - - �� Using IPAddress: 129.120.6.150 �DocuSigned by: ��.�. i�t�t,w�tUn. 8776C7118AOD454... Signature Adoption: Pre-selected Style Using IPAddress: 129.120.6.150 CDocuSigned by: � �:,a� 1C5CASCSE175493... Signature Adoption: Pre-selected Style Using IPAddress: 129.120.6.150 Signature Status Status Status Status Status Timestamp Sent: 11/26/2019 6:46:37 PM Viewed: 11/27/2019 8:48:27 AM Signed: 1 1/27/201 9 8:54:29 AM Sent: 11/27/2019 2:37:43 PM Viewed: 12/12/2019 3:44:55 PM Signed: 12/12/2019 3:45:28 PM Sent: 12/12/2019 3:45:31 PM Viewed: 12/12/2019 3:48:54 PM Signed: 12/12/2019 3:49:00 PM Sent: 12/12/2019 3:49:04 PM Viewed: 12/12/2019 4:00:53 PM Signed: 12/12/2019 4:02:11 PM Timestamp Timestamp Timestamp Timestamp Timestamp Timestamp Sent: 11/26/2019 6:45:22 PM Carbon Copy Events Sherri Thurman sherri.thurman@cityofdenton.com City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Jane Richardson jane.richardson@cityofdenton.com Assistant City Secretary City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Annie Bunger Annie. Bunger@cityofdenton.com Contract Control Specialist City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Wendland, Billy &It;Billy.Wendland@burgessniple.com> Billy.Wendland@burgessniple.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Notary Events Envelope Summary Events Envelope Sent Certified Delivered Signing Complete Completed Status � ■ '' � ` � ■ '' � ` Signature Signature Status Hashed/Encrypted Security Checked Security Checked Security Checked Timestamp Sent: 11/26/2019 6:45:22 PM Sent: 12/12/2019 3:49:04 PM Viewed: 12/12/2019 4:14:01 PM �Ya'iii�iNafNaf���S�ilNYafiCl�Ji Sent: 12/12/2019 4:02:16 PM Timestamp Timestamp Timestamps 12/12/2019 4:02:16 PM 12/12/2019 4:02:16 PM 12/12/2019 4:02:16 PM 12/12/2019 4:02:16 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM Parties agreed to: Mark Bernhardt, Todd Estes, Todd Hileman, Rosa Rios ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Denton (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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