HomeMy WebLinkAboutRESOLUTIONS - 01011969 - 69-532 .. ..................................................................................................................................................................................................
IN J.55.... BOA?1D OF SUPERVISORS
OF
COFTRA COSTA. COUNTY, STATE OF CALIFORNIA A
In the Matter of Certification }
concerning the selection of a )
Consultant for soils engineering ) RESOLUTaON NO. 69/532
work on -pan Pablo Ilam Road Slide, }
Project No. 0961-6 .87-69, '1
Ori.nda - El Sobrante Area. }
WY12REAS this Board understands that there is available to
this County Federal funds under Section 125 of Title 23 U. S. Code
for the repair and restoration, of flood damaged Federal-aid Secondary
highways which occurred between January 17 and March ;, 1969; and
WHEREAS this County has suffered damage to Federal-aid
Secondary highway Route 794 between FAS mileposts 4.10 and 4.60
(also known as being at Stations 225, 236 and 250) otherwise known
as San Pablo Dam Toad in the County Road System of this County and
desires Federal Bund participation in the cost of such repair and
restoration; and
iHEREAS Contra Costa County has insufficient engineering
personnel to design the replacement facility within a reasonable time
considered to be in the public interest and has contracted with the
farm. of Dames and Moore , Consulting wgineers, 500 Sansome Street,
San Francisco, California for the performance of engineering services
it accordance with the attached contract; and
WHEREAS as a condition of obtaining; Federal funds assistance
in the performance of the work described in said contract the State
Highway department is required by the U. S. Secretary of Transporta-
tion through its Bureau of Public Roads to execute a certificate
regarding-, the employment of consultants for engineering services, to
the effect that any such consulting firm or his representative has
not been required, directly or indirectly as an express or implied
condition in connection with obtaining or carrying out this contract
to
(a) employ or retain, or agree to employ or retain,
any firm or person, or
(b) pay, or agree to pay, to any firm, person or organization
any fee, contribution, donation, or consideration of
any kind.,
NOW, THEREFORE, BE IT RESOL' ED by the Board of Supervisors
that the County of Contra Costa does hereby certify that the above
consulting firm or his representative has not been required., directly
or indirectly as an express or implied condition in connection with
obtaining or carrying out this contract to
(a.) employ or retain, or agree to employ or retain,
any firm or person., or
(b) pay , or agree to pay, to any firm, person or
organization any fee, contribution, donation or
consideration of any kind, and that the State
Highway Department is hereby authorized to
execute a certificate to this effect on behalf
of the County of Contra Costa and
RESOLUTION NO. 69/532
BE FURTHER ESOL'0ED that i.: making this certification
t'_-,.e Count; agrees to hold the State Highway Department and the
State harmless from any liability vWhic:r may be established in the
event any of the above staterents are not true and correct.
PASSED AND ADOPTED this 19th day of August, 1969 by the
following vote of the :Board:
sS: Supervisors James P. Kenny, Alfred Tl. Dias,
Thomas John Coll, Edmund A. Linsche-.d,
James E. Moriarty.
NOES : None.
ABSENT: None .
RESOLUTION O. 69/532
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AGREEMENT FOR PRELIMINARY ENGINEERING SERVICES
SAN PABLO DAM ROAD
Federal -Aid Emergency Relief Project 4-CC-794-CR-ER-562 (3) , San
Pablo Dam Road, 0961 -64,87-69 , Contra Costa County.
Character of Proposed Improvement - Reconstruction of road and/
or realignmentslide repair. )
THIS AGREEMENT dated August , 1969, between the County
of Contra Costa, a political s-ubdivision of the State of California ,
whose offices are located at 651 Pine Street , Martinez, California ,
94553, hereinafter known as the COUNTY ; and Dames and Moore , Consulting
Engineers in the Applied Earth Sciences , a partnership, located at
BOO. Sansome Street, San Francisco, California , 94111 , hereinafter known
as the CONSULTANT.
WITNESSETH , that in consideration of the covenants and agreements
hereinafter stated, the Consultant hereby agrees to perform the re-
quired soils and geological investigation leading to a recommendation
for the proposed repair of three slide areas of San Pablo Dam Road
between FAS mileposts 4. 10 .and 4.60 ,. (also known as being at
Stations 226, 236 and 250). as follows :
1 . Consultant shall furnish and perform the following services :
(a) Gather, review and analyze all applicable existing
data In the files of both the County and Consultant
.related to the project.
(b) Based on the above , test borings , piezometer instal -
lation soil sampling and testing, 'and seismic survey
work will be conducted by Consultant , or by others
hired by him to provide such specialized services ,
leading to a recommendation of alternative methods
to rebuild the damaged sections of the subject road.
(c) Arrange for the grading of pioneer roads , as necessary,
to 'allow testing equipment access to the project area.
01:$
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(d) Furnish a report for each of the slides , in six
copies , to County showing the findings of the in-
vestigation and the possible alternate corrective
measures for the project, including an evaluation
of the economic aspects of the proposed alternatives .
Such report shall also include a record of field
notes and boring logs , all design calculations and
analyses , drawings and estimates .
(e) In the event that it becomes necessary for the State
of California, hereinafter known as STATE , ' or the
County to have special field inspections or meetings
with the Consultant, Consultant shall make himself
available for such field inspections or meetings ,
when requested.
{f) The Consultant shall maintain books , documents , papers ,
accounting records ,- and other evidence pertaining to
costs incurred and to make such materials available
at his offices at all reasonable times during the
contract period and for three years from the date of
final payment under the contract , for inspection by `
the State , the Bureau of Public Roads , or any
authorized representatives of the Federal Government
and copies thereof shall be furnished if requested.
(g) All tracings , plans , specifications and maps obtained
or prepared as part of the Consultant `s work under
the provisions of this contract shall be delivered
to and become the property of the State. Basic notes ,
sketches , charts , calculations and other data obtained
or 'prepared under this contract , shall be made avail -
able, upon request , to the Stats without restriction
or limitation on their use-.
2 .
2. County shall furnish and perform the following services :
(a) All field surveying necessary for and the preparation
of topographic maps to show the existing condition of
the project area.
(b) Secure permits for access to the old San Pablo Dam
Road, now used by the East Day Municipal utility
District as a patrol road, and adjacent areas for the
purposes of test borings and soil sampling .
(c) Provide the customary cooperation to Consultant in the
course of performance by Consultant of his obligations
under this Agreement.
3. The studies shall take into consideration and comply with
all requirements of the State and the Bureau of Public Roads and
shall be presented in the form of engineering reports signed by a
licensed professional civil engineer.
4. Work provided for in this Agreement shall not be started
until Consultant is notified in writing by County. Consultant shall
complete the performance of it's obligations under this Agreement not
later than 90 .calendar. days following notification to proceed from
County, unless an extension of time is granted, in writing , by the
County Public Works Director, which said extension of time , if any,
shall be granted only for causes determined in the sole discretion
of the County Public Works Director to be good and . sufficient cause
for such extension.
S. (a) County agrees to pay to Consultant , and Consultant
agrees to accept payments based on Consultant' s
Standard Schedule of Charges for Services and
equipment (a copy of which is attached hereto and
marked Appendix 8) . The total amount of such pay-
ments for investigation and reports shall not
exceed Eighteen Thousand and no/1.00.t.hs Dollars
($ 1,8,000). without prior approval in writing by the
County Public Works Director.
69/ 56 "
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5 . {b} The Consultant shall show his charges separately
for each slide location within the project area.
(c) The State shall reimburse the County for such
payments to Consultant to the extent permitted
under Sections ( 120 (p) and 125 of Title 23 , U. S .
Code. The County shall not be reimbursed by
State for any payments made under this contract ,
which ars not collectible from the Bureau - of
Public Roads .
(d) Consultant shall maintain books , documents , papers ,
accounting records and other evidence pertaining
to costs Incurred and to make such materials avail -
able at their respective offices at all reasonable
times during the contract period and for three years
from the date of final payment under the contract ,
for Inspection by the State, the Bureau of Public
Roads , or any authorized representatives of the
Federal Government and copies thereof shall be
-
furnished if requested.
6. Consultant warrants that he has not employed or retained
any company or person , other than a bona fide employee working solely
for the Consultant , to solicit or secure this contract , and that he
has not paid or agreed to pay any company or person , other than a
bona fide employee working solely for the Consultant , any fee , com-
mission, percentage, brokerage fee,. gifts or any other consideration,
contingent upon or resulting from the award or making of this contract.
For breach or violation of this warranty, the County shall have the
right to annul this contract without liability , -or, in its discretion
to - deduct from the contract price or consideration , or otherwise re-
cover, the full amount of such fee, commission, percentage , brokerage
fee, gift, or contingent fee.
7. The right is reserved by the County to terminate the contract
at any time upon written notice , in the event the project is to be
abandoned or indefinitely postponed , or in case the Consultant ' s
services , in the judgment of the County, are unsatisfactory; or be-
cause of the Consultant's failure to prosecute the work with diligence
4 -
or within the time limits specified , or because of his disability
or death . in any such case the Consultant may be paid the
reasonable value of the services rendered up to the time of the
termination on the basis of the payment provisions of this con-
tract. if the services of the Consultant are terminated for fault
on his part , the County may procure the completion of the services
or work in such manner as it deems best and shall charge to the
Consultant any excess cost over that provided for in the contract
or any damages the County may sustain by reason of the default .
8. The Consultant shall comply with all Federal , State and
local laws , ordinances and regulations applicable to. the work.
Reference is made to Appendix A of this Agreement . The Consultant
shall procure all licenses , permits , etc. , necessary for the ful -
fillment of his obligations under this Agreement .
9 . The contract further provides that the Consultant shall not
engage the services of any person or persons now in the employ of the
State of California, or County, for work covered by the terms of the
contract without the written consent of the employers of such persons .
10 .. No change in the character or extent of the work to be per-
formed by the Consultant shall be made except by ,supplemental agree-
ment in writing between the County and the Consultant. The supple-
mental agreement shall set forth the changes of work, extension of
time for preparation and adjustment of the fee to be paid by the
County to the Consultant , if any.
11 . duly authorized representatives 'of the State, County and
Federal Government shall have the right of access to the Consultant 's
plans and files -and records relating to the projects included by this
Agreement. Such materials will be available at the Consultant' s San
Francisco office or in the offices of the County Public Works Depart-
ment , Martinez,. California.
12 . Consultant shall not assign , sublet or transfer this Agree-
ment , or any part thereof, without the written consent of the County,
nor shall the Consultant assign any monies due or to become due to
him hereunder without the previous written consent of the County.
5
13. It is expressly understood that in the performance of the
engineering services herein provided for Consultant shalt be , and is
an independent Consultant, and is not an agent or employee of County.
Consultant has and shall retain the right to exercise full control
and supervision of the services , and full control over the employment ,
direction, compensation and discharge of all persons assisting Con-
sultant in the performance of said engineering services hereunder.
Consultant shall be solely responsible and save County harmless for
all matters relating to the payments of his employees including
compliance with social security, withholding and a] I other regulations
governing such matters .
ik. The Consultant , in advance of performing any work under this
Agreement , shall , at no expense to the County, furnish to County
certificates or other acceptable evidence as to his being insured for
public liability and property damage providing for a' limit of not less
than Two Hundred Fifty Thousand Dollars {$250 ,.000.}. for all damages
arising out of bodily Injury or death to any one person and a total -
limit of not less- than Five Hundred Thousand Dollars 0500 ,000) for
all damages arising out of bodily injuries to or death of two or more
persons in one accident or occurrence , and property damage liability
insurance providing for a limit of not less than Fifty Thousand
Do l l a rs ($50,.0.013.)..
15. All ' controversies arising out of the work which cannot be
settled by mutual agreement will be decided in the manner provided by
law.
IN WITNESS WHEREOF, the parties hereto have caused these presents
to be executed in triplicate by their duly authorized officers .
COUNTY OF CONTRA COSTA ENGINEER: Dames and Moore
Consulting Engineers in the
Applied Ea th Scie s
By BY
JA S E. MORIARTY, airman
Board of Supe ry i so s :",�' dt�
ATTEST : ATTEST:
WALTER T. PAASCH, County Clerk
B y .. .... ----
Deputy
Date 9 1368 Date
PT
D
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APPROVED AS TO FORM:
JOHN B. CLAUSEN, Acting
District Attorney
By
Depu y
ATTACHMENTS:
APPENDIX A - Compliance to Federal , State.' S "County: Regulations
APPENDIX -6 - Schedule of Charges Dames and Moore.
*APPENDIX C - Certifications
*NOTE.: The Certifications on Appendix C , attachet hereto, shall
.be executed by the signato-ries representing the parties
to this Agreement..
6915
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APPENDIX A Sheet I of I
Turing the performance of this contract, the contractor, for itself, its
assignees and successors in interest (hwreinafter referred to as the "contrac-
tor"), agrees as follows:
(1) Compliance with: Regulations: The Contractor will comply with the
Regulations of the Department of Commerce relative to nondiscrimina.
.,, tion in federally-assisted programs of the Department of Commerce
(Title 15, Code of Federal Regulations, Part 8, hereinafter referred to
as the Regulations), which are herein incorporated by reference and
madeapart of this contract,
'($) Nondiscrimination: The contractor, with regard to the work performed
by it after award and prior to completion of the contract work, will
not discriminate on the ground of race, color, or national origin in the
selection and retention of subcontractors, including procurements of
materials and leases of equipment. The contractor will not participate
either directly or indirectly in the discrimination prohibited by Section
8.4 of the Regulations, including employment pr etices when the con-
tract covers a program set .forth in Appendix A-ft of the Regulations,
(3} Solicitations for Subcontracts, Including Procurements of Xaterials and
Equipment: Tn all solicitations either by competitive bidding or negoti-
ation made by the contractor for work to be performed under a sub-
contract, including procurements of materials or equipment, each
potential subcontractor or supplier shall be notified by the-contractor ''of the contractor's obligations under this contract and the Regulations
relative to nondiscrimination on the ground of race, color or national
origin. . .
(4) Information and Reports: The contractor will provide all information
and reports required by the Regulations, or orders and instructions
issued pursuant thereto, and will permit access to its boobs, records,
accounts, other sources of information, and its .facilities as may be
determined by the State Highway Department or the Bureau of Public
Roads to be pertinent to ascertain compliance with such Regulations,
orders and instructions. Where any information required-of a contractor
is in the exclusive possession of another who fails or refuses to furnish
this information, the contractor shall so certify to the State Highway
Department, or the Bureau of Public Roads as appropriate, and shall
set forth what efforts it has made to obtain the information.
(b) Sanctions for Noncompliance: In the event of the contractor's noncom-
pliance with the nondiscrimination provisions of this contract, the State
Highway Department shall impose such contract sanctions as it or the
Bureau of Public Roads may determine to be appropriate, including,
but not limited to,
(a) withholding of payments to the contractor under the eo atract until
the contractor complies, and/or
(b) cancellation, termination or-suspension of the contract, in whole
or in part.
(6) Incorporation of Provisions; The contractor 'will include the provisions
of paragraph (1) through (6, in every subcontract, including procure-
ments of materials and leases of equipment,unless exempt by the Regu-.
lations, order, or instructions issued pursuant thereto. The contractor
will take such action with respect to any subcontract or procurement
as the State Highway Department or the Bureau of Public Roads may
direct as a means of enforcing such provisions including sanctions for
noncompliance. Provided, howevor, that, 'in the event a contractor be-
comes involved in, or is threatened with, litigation with a subcontractor
or supplier as a result of such direction, the contractor may request the
State to eater into such litigation to protect the interests of the State,
and,is addition, the contractor may rerc*,est the united States to anter
into such litigation to protect the interests of the United States.
FORM M-M-51 4/67 - .
Sheet I of 3
Dames Moore
SCHEDULE OF CHARGES {
Personnel ( including secretarial and clerical services)
Senior Resident Partner --_-----__-____ ..____--__:.--------------$50.00 per hour
Resident Partner _..----.._____________ _ ___________ per hour
Associates ...----- _-----.._-__-_.._______,»...-___--r-----------------$35.00 per hour
Senior Engineer --•----__-..w__..----_-:-------__-----_--.----__------$3I .00 per hour
Project Engineer ------------------------------------------------$25.00 per hour
Staff Engineer - $20.00 per hour
Assistant Eng i neer - --,---_-...--_-----....-----------------------. $16.50 per hour
Engineering Aide -_-_____--__-- .........-----_-----..___-_......._.�-----$13«t3fl per hour
Laborator Tests ( incluin ersonnel and e, ui Ment charges)
.14o i sture-Density Test -------------.------.._.----------------------S 2.50 per unit
Compaction Curve Test (4-inch-diameter mold) __.....-----
-----------
$50.00 per unit
` Specific Gravity fest --�_..___---.._-- -- -- -- ------------------.. .. .... .. $10.00 per unit .
Sieve Analysis Test (+200 only) -------------------------------$20.00 per unit
Hydrometer Analysis Test (-200 only) ----------------------------$30.00 per unit
Atterberg Limits Test (LL PL) ------_------------------------;__$30.00 per unit
Free Swell Test --------------w---------- _ ------.._.----------$10.00 per unit
Expansion Test -_w___-.._..___-,.-----------------------------....._....-$20.00 per unit r;
Consolidation Test ------------------—-----,.------------- .____:._$70.00 per unit l
Time Deflection Curve Test ----_-________ ___.: -------$10.00 per unit
.Unconfined Compression Test ---------------------------$16.00 per unit
Triaxial Compression: Unconsolidated-Undralned Test ---------_--$20.00 per unit
Direct- Shear Test: Unconsolidated--Undrained Test ----: ---- ----$16.00 per unit
Conso l i dated-Undra i ned Test -----------------$20.00 per unit'
Consolidated-Drained Test--- -------------$30.00 per unit 's
Equi 2ment
Soil Sampling Equipment --------------------------:r_-------------$ 3.00 per hour !i
Soo i l Sample Rings and Containers ----------------..--- --_--_--c.-'..__$ 1 .50 each �
Field Density Testing Equipment --_. _..____.._............_....,._.........,:.-.,_-$ 0.50 per hour `
Automotive Equipment: Vehicle ..._--------------------------_--..---$14.00 per day
Mileage ---------------- --------------$ 0.12 per mile j
Reimbursable Costs
Subcontract Costs (drilling, Backhoe, etc.) ---- -----------------At cost
Miscellaneous (Printing, Long Distance Telephone Costs, Etc.) ---At'cost
Physical Testing Costs (Commercial Laboratory) ------ -- .----At cost i
Handlinga for reimbursable costs ---
charge _..,.........,.,»....,-r---_-----$300.00. lump sum ,
Note: 1) Tests and charges not listed above will be quoted upon request or
as required. }
_ .2). The varied engineering classifications',also apply to geologists. t
D#'1Mr-S 4 r,'Oo ua APAEN£ti 1 X g
Sheet 2 of 3
SCHEDULE OF CHARGES
FOR GEOPHYSICAL AND OTHER EQUIPMENT
Vecause of the various combinations of equipment required, rates for geophysical and other equipment
may be quoted for each engagement considering the equipment actually needed. to the absence of a specific
rate for a specific ;fob, the rates below will be used.
Ist Addni Ist Addnl Ist Addnl .
ITEM Day nay Week Week Month Months
Shallow Geophysical S 70 $40 $ISO $120 $33o $240
Equipment
Retraction Seismograph $250 $60 $350 $180 $600 $350
Vibration and Blast $ISO $80 $300 $180
Monitoring Equipment uxp ment $600 $500
:
Resistivity Equipment $ 70 $40 $ISO $120 $330 $240
Meteatological Equipment Because of the varied nature of equipment, location and use, these rates
will be quoted as required.
Earth deformation recorder -- $100 $75 $250 $200 $550
without casing $400
Grooved casing, with coupliags, for Earth Deformation Recording Equipment..per lineal toot . . . . . .$2.50
s
aas.s iaay.s.sat
t , • APPENDIX B
_ Sheet 3 of 3
F I NANC l AL COND I T I ODES FOR PROJECT COSTS
Statements will be issued every four weeks, payable upon receipt,
unless otherwise agreed.
Interest of 11 percent per month- (but not exceeding the maximum rate
allowable by law) will be payable on any amounts not paid within 30
days, payments thereafter to be applied first to accrued interost and
then to the principal unpaid amount. Any attorney's fees or othor.
costs incurred In collecting any delinquent amount shall be paid by
the Client.
In the event the client makes a claim against flames b Moore, at law
or otherwise, for any alleged error, omission or ether act arising, out
of the performance of our professional services, and the Client fails
to prove such claim, then the Client shall pay all costs incurred by
Dames b Moore in'.defending Itself against the claim.
in the event that the Client requests termination of the work prior
to completion of' a report, we reserve the right to complete such
analyses and records as are necessary to place our files in orasr and
where considered by us necessary to protect our professional roputation,
to complete such analyses and records as formed to dater A •torn►ination
charge to cover the cost thereof In an amount not to exceed 30 percent
of all charges Incurred up to the date of the stoppage of the work may,
at the discretion of Dames b Moore, be made.
Dames and Moore makes no warranty or representation, either expressod
or implied, and none Is Included or Intended In our proposals, contracts
or reports, except that our services are performed, within the limits
prescribed by our clients, with the usual thoroughness and ccinpetenice
of the engineering profession. Our liability to the Cl i ont for in
jury
or damage to persons or property arising out of work performed by the .
Client and for which legal liability may be found to rest upon us will be
limited to our Insurance coverage which varies accordinq to type of. .
coverage but in all cases being at 1east 'S1,000,9(tO.
r
Sheet 1. of 2
APPENDIX
CERTIFICATION OF THE COUNTY OF CONTRA COSTA
I 'rfereby certify that I am the Public Works Director of the County
of Contra Costa, State of California, and that the following con-
sulting firm or its representative has not been required, directly
or indirectly as an express or implied condition in connection with
obtaining or. carrying out this contract to:
tai employ or retain, or agree to employ or retain, any firm
or person, or
tbj pay, or agree to pay, to any firm, person, or organization,
any fee, contribution, donation, or consideration of any kind.
I acknowledge that this certificate is to be furnished the Bureau of
Public Roads, U. S. Department of Commerce, in connection with this
contract involving participation of Federal-aid highway funds, and
is subject to applicable state and Federal, laws, broth criminal and
civil.
Date
VICTOR W. SA.UER.
Public Works Director
. r r •w iY r +iM M 1Y0
CERTIFICATION OF ,THE CALIFORNIA STATE DIVISION OF HSGHWAYS
I hereby certify that I am the of the
California State Division of Highways, and that the o lowing con-
sulting firm or its representative has not been required, directly
-or indirectly as an express or implied condition in connection with
obtaining or carrying out this contract to:
raj employ or retain, or agree to employ or retain, any firm
or person, or
(b) pay, or agree to pay, to any firm, person, or organization,
any fee, contribution, donation, or consideration of any
kind.
I acknowledge that this certificate is to he furnished the Bureau of
Public Roads, U. S. Department of Commerce, in connection with this
contract involving participation of Federal-aid highway funds, and
is subject to applicable State and Federal laws,, both criminal and
civil.
Date
(Signature)
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4
APPENDIX L (Cont. )
Sheet 2 of 2
. CERTIFICATION OF CONSULTANT
I hereby certifythat I am the
and duly authorized representative of the firm of Dames and Moore,'
Consulting Engineers, 500 Sansome Street , San Francisco , California,
94111 , and that 'neither i nor the above firm I here represent has :.
(a) employed or retained for a commission, percentage , brokerage ,
contingent fee , or other consideration, any firm or person
(other than a bona fide employee working solely for me or,
the above consultant) to solicit or secure this contract , or
(b) agreed , as an express or implied condition for obtaining
this contract , to employ or retain the services of any
firm or person to connection with carrying out the
contract, or
(c) paid , or agreed to pay , to any firm, brganiaation or person
(other than a bona fide employee working solely for me or
the above consultant) any fee, contribution , donation, or
consideration of any kind for, or in connection with,
procuring or carrying out the contract.
1 acknowledge that this certificate is to be furnished to the State
Highway Department and the Bureau of Public Roads , U . S . Department
of Commerce , in 'connection with this contract involving participation
of Federal-aid highway funds ,- and is subject to applicable State and
Federal laws , bath criminal and civil .
Date
Dames & Moore Signature)
Consulting Engineers
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