HomeMy WebLinkAboutR-1992-044 `j
RESOLUTION NO. 4" -92
A RESOLUTION OF THE CITY OF DANIA, FLORIDA,
APPROVING THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF DANIA AND COASTAL
: I TECHNOLOGY CORPORATION RELATING TO ENGINEERING
SERVICES IN CONNECTION WITH THE REPAIR AND
REHABILITATION OF THE DANIA FISHING PIER; AND
AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO
EXECUTE SAID PROFESSIONAL SERVICES AGREEMENT;
AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA,
FLORIDA:
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. � Section 1 . That the certain Professional Services Agreement �
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1 between the City of Dania and Coastal Technology Corporation
:•� relating to engineering services in connection with the repair and
rehabilitation of the Dania Fishing Pier, a copy of which is
attached hereto and made a part hereof as Exhibit "A" , be and the
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same is hereby approved and the appropriate city officials are
directed to execute same.
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Section 2 . That this resolution shall be in force and take
effect immediately upon its passage and adoption.
{ PASSED and ADOPTED this 17th day of March 1992.
MAYOR - CQKMISSIUNER
ATTEST: /
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ITY C L E R K AUDITOR
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APPROVED AS TO FORM AND CORRECTNESS
FRANK C. ADLER, City Attorney
44-92
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Resolution No.
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i PROFESSIQNAI. SERVICES AGREEMENT
1 I
THIS AGREEMENTIS made as of day of 1992 between the City
of Dania, an incorporated municipality in the State of Florida (CITY) and Coastal
rcchnology Corporation, a Florida Corporation (ENGINEER). CITY intends to rely upon
consulting engineering services to be provided by ENGINEER in connection with the repair
and rehabilitation of the Dania Fishing Picr (hereinafter called the Project).
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R'1TNESSETH
For and in consideration of the mutual agreement hereinafter contained, CiTY and
'i ENGINEER, in consideration of their mutual covenants herein, agree in respect of the
{ performance of professional engineering services by ENGINEER and the payment for those
cervices by CITY as set forth below, i
ENGiNF.ER shall provide professional cnginccring services for CiTY in all phases of the
Project to which this Agreement applies, serve as CI'I'Y's professional engineering
i representative for the Project as set forth below and shall give professional engineering A`
consultation and advice to the CITY during the performance of services to be provided '
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hereunder.
ytiN:Cl'Ic)N 1 BASIC SERVICES OF ENGINEER
1
j Upon authorization to proceed from the CLTY, ENGINEER shall provide to the CITY,
professional cngincering services in all phases of the Project to which this Agreement
applies as hereinafter provided. 'These services will include serving as CITY's professional
engineering representative for the Project, providing professional engineering consultation
and advice and furnishing; customary civil, structural, mechanical and electrical engineering
services and customary architectural services incidental thereto. Said services shall include,
but shall not necessarily he limited to: `
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PART 1 - FNyIRONMFNT ,L PERMIT PROC 'S� f
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ENGINEER will maintain contact with the U.S. Army Corps of Engineers (COE),
Department of Environmental Regulation (DER), Brow•ard County Office of Natural
Resources Protection (ONRP), and Department of Natural Resources (DNR) to answer
staff questions, to clarify the propused consu uctiun, and to expedite permit approval.
ENGINEER will perform the following services towards obtaining the necessary permits or
leases:
`1
EXHIBIT "A"
page 1 of 10 pages
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�IjT 1.9 - DNR !i 4ClIFS Atip Stl12RES PERMrr PROCESSING
In general, ENGINEER will confer with the Department of Natural Resources-Division of
Beaches and Shores (DNR-DBS) staff to advise them of the details of the proposed
construction and identify areas of staff concern. ENGINEER anticipatcb four (4) ttipb to '
Tallahassee to meet with the DNR-DBS to finalize negotiations of the details of the project.
ENGINEER will make telephone contacts with the DNR-DBS to expedite their review and
processing of the permit application. ENGINEER will confer with the CITY as to
questions, revisions, or additional items that may he required by the DNR-DBS.
ENGINEER will represent the project before DNR-DBS stuff and the Governor and
JJJ Cabinet, as required, towards securing a DNR-DBS permit for the project. The CITY will
provide ENGINEER with a check in the amount of 5440.00 (if applicable) made payable
to the Department of Natural Resources for permit processing.
ENGINEER will prepare a modified Sea Turtle Protection Plan in accordance with the
existing CITY approved plan with all necessary attachments as prepared by ENGINEER
and approved by the CH Y, and submit it to DNR for subsequent review by the Florida
Marine Resources (FMR). ENGINEER will make telephone contacts with DNR and FMR
to expedite their review and processing of this Turtle Protection Plan. ENGINEER will I
Aconfer with the CITY as to questions, revisions, or additional Items that may be required >by FAIR.
{ PART Ih - C( )_F.I12ER AND ONRP PERMIT PROCESSING
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ENGINEER will maintain contact with the COE, DER, and ONRP to answer staff
questions, to clarify the proposed constructiun and to expedite permit approval.
ENGINEER will generally consult with and advise the Architect as to the progress and
requirements of the COE and DER towards obtaining permits for construction.
PART Ic - DNR STATE LANDS PROCESSING
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A "Submerged Lands Lease' may be required of the portion pier for which the CITY does
not hold title to submerged lands. ENGINEER will submit relevant information regarding
this project to the Department of Natural Resources - Division of State Lands (DNR-DSL)
for their review and approval. These items may include but are not limited to: (1)
providing a detailed statement describing the proposed activity and upland use; (2) a list of
property owners within a 500 foot radius of the proposed activity; (3) a statement detailing
the number and dimensions of other structures in the area; (4) obtaining a letter from the
CITY stating that the use of the proposed project is consistent with current zoning; (5)
assisting the CITY in preparing the "Pending Lease Survey" and other necessary documents
for completing the application for the Submerged Lands Lease. The CITY will provide
1 NGINEF.R with a check in the amount of $200.00 (if applicable) made payable to the
Department of Natural Resources fur permit processing.
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Page 2 of 10 pages j
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rIW KIRAPNIC :INn _C_'C�NTRC>L I.INI`tit RV :}
I:NGINL•ER will perform a topographic and control line survey of the upland area .
designated for use by the fishing pier. This area will measure approximately 400 feet by 200
feet and will include the location of all physical improvements existing on site, and grade ;
elevations taken along cast-west profiles (at 100 feet on center) from the Coastal
Construction Control Line (CCCL), easterly to Wan Low Water (MLW).
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The location of the CCCL and Erosion Control Line (ECL) will be illustrated on the survey
and will be geumcirically tied to referenced DNR monuments. The survey will be in
compliance with the reyuirentents of the DNR as prescribed in FAC 1613-33.008. This
survey is required in order to process a DNK CCCL permit application
ART 'h I AN[) LC—A5 JMJY j
ENGINEER will perfurnt a submerged lands lease survey for the portion of the pier
extending over State owned submerged bottom lands. Tile survey of the lease area will
include the location of the pier and will be geometrically tied to the ECL and upland
improvements. This survey is required in order to process the DNR-DSL permit
application.
PART . )[I. BOR1NSiS
ENGINEER will obtain four (4) borings at approximately 200 foot intervals along the pier, ` }
to determine the nature of the subsoil conditions and approximate depth and hardness of
bedrock along the pier. This information will be used In the preliminary and final design
to assist ENGINEER in evaluating pile installation procedures for the pier renovation.
PART 4 - EN u ' . QESIQL
ENGINEER will prepare preliminary and final design drawings for the pier Improvements
along with bid specifications as required for implementutiuu of this project. 1 . .
plans and Specifications: ENGINEER will prepare construction plans including all details
of the pmposcd pier renovation design. ENGINEER will utilize the information obtainea "v
_.� from the ENGINL•ER's 1990 pier inspection report and soil borings in order to prepare final
design and repair details for inclusion in the plans and specifications. ENGINEER will
prepare specifications for the project as required by the CITY. An engineer., curutruction
cost estimate will be provided to the CITY.
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Page 3 of 10 pages f
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PART 5 - C0KS-1-Rl'c'Tlttti ADMINI'i-FRATION
[lidding and Contract A%%ard: The plans and specifications prepared as referenced above
will be distributed with the contract documents to conuactors after advertisement of the job.
A bid date will he set and bids received by the CITY. The ENGINEER will meet with
Contractor% at a pre-bid conference to rcciew the plans and specifications for this project
and amwcr technical questions rclati%e to construction. The ENGINEER will assist the
.j C'ITN' in evaluating bids and awarding a construction contract. -
jConstruction Observations: Site visits by the ENGINEER will be made as required, and
t monthly reports will be prepared summarizing construction progress. The ENGINEER will
t.,,:, the CITY for
evaluate the C oton,tract s pay tcquests duJ stake ns .o ..._
puvment. The ENGINEER will ensure that the project has been constructed according to
contract documents. A final as-built certification will be forwarded to the DNR DBS upon
completion of comtructnon.
SF
CTION 2 - AUDITIONAI, SERVI!FS OF ENGINEER
i If authorized in writing by the CITY, the ENGINEER shall furnish or obtain from others
Additional Services for this project. These services are not included as pan of the Basic
Services. Said service shall include, but shall not necessarily be limited to:
A. Services in connection with work directive changes and change orders to reflect
changes requested by CITY if the resulting change in compensation for Basic
Services is not commensurate with the additional services rendered.
B. Services in making revisions to Drawings and Specifications occasioned by the
acceptance of substitutions proposed by Contractor(s) construction bid proposal; and
i services after the award of each contract in evaluating and determirilng the
acceptability of an unreasonable or excessive number of substitutioru proposed by
Contractor.
iSF-CTSO\ 3 - CITY OBLIGATIONS
CITY shall do the following in a timely manner so as not to delay the services of the
1 ENGINEER. -
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A. Provide all criteria and full information as to CITY's requirements for the Project.
including design objectives and constraints, space, capacity, and performance
requirements, flexibility and expendability, and any budgetary limitations;and furnish '.
copies of all design and construction standards which CITY will require to be
included in the Drawings and Specifications.
B. Assi.t ENGINEER by placing at his disposal all available information pertinent to
the Pnrject including previous reports and any other data relative to design or
construction of the Project.
Page 4 of 10 pages
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�CTIrIN 7 TER111NAT1O\ OF AGRF,FMF,r'T
r Titc obligation to provioe further services under this Acrcemcnt may be terminated without
cause by either party upon thirty days' written notice except that ENGINEER may only
terminate at the cod of ;t phau.
SFCTI N 8INDFM1t VIFICATION AND 1NSURANCF,
The E.NGINFFR shall indemnify and save the CITY harmless from any and all claims,
liability, losses and causes of actions arising out of any willful or negligent act, error or
omkrdi n of the ENGINEER incidental to the performance of the ENGINEER's
professional services under this Agreement; and to the extent of any such claim, liability,
loss or cause of action, the ENGINEER shall pay all such claims and losses and defend all
such suits in the name of the CITY and shall pay all such costs and judgements which may
issue thereon.
The FNGINFER shall not commence any work pursuant to this Agreement until all
insurance required under this Section has been obtained. The ENGINEER shall maintain
during the terns of this Agreement the following insurance:
A. Automobile Liability Insurance covering all owned, non-owned and hired velilcles
used in connection with the work In an amount not less than 5100,000 combined
single limit per occurrence for bodily injury and property damage.
B. Professional Liability Insurance in the amount of$250,000 (with standard deductions
of not more than 520,000).
C. Public Liability Insurance, on a comprehensive basis, in an amount not less than
$3a1,000 combined single limit per occurrence for bodily injury and property damage.
The policy must he endorsed to show the CITY as additional insured.
D. Worker's Compensation Insurance in compliance with Chapter 440, Florida Statutes, E
as presently written or hereafter amended.
S,_FC - 9 - REUSE OF DO
CUA1GNT,�
Ownership of Documents. All original drawings, specificatiorts, reports or other documents
prepared by the ENGINEER in the course of performing the work shall be the property of
the CITY. Upon completion and acceptance of the final work, the ENGINEER shall
furnish to the CITY, the original drawings and field notes. The ENGINEER may keep a
reproducible set of the original drawings and shall keep all other data collected during the
provision of the services.
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Page 6 of 10 pages
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tiEC 7 7FR111NATION OF AGRF,FM1IF
'Iltc obligati,1n to pmvioe further services u m
tinder this Agreement may be tern
without
cause by either par: upon thirty days' written notice except that ENGINEER may only
terminate at the cod of it phase.
SFtTIOti S IJ•DFnIVIFICATION AND INSURANCE
The ENGINEER shall indemnlN and save the CITY harmless from any and all claims,
liahilin, IOSCeS and Causes of coons arising out of an willful or negligent act, error or •;;
omission of the ENGINEER incidental to the performance of the ENGINEER'S }
professional services under this Agreement; and to the extent of any such claim, liability,
loss or cause Of action, the ENGINEER shall pav all such claims and losses and defend all
1 such suns in the name of the CITY and shall pay all Such costs and judgements which may R Y Y
issue thereon.
The ENGINEER shall not commence any work pursuant to this Agreement until all
j insurance required under this Section has been obtained. The ENGINEER shall maintain
during the term of this Agreement the following insurance: t
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A. Automobile Liability Insurance covering all owned, non-owned and hired vehicles
used in connection with the work in an amount not less than S100,000 combined
single limit per occurrence for bodily injury and property damage.
B. Professional Liability Insurance in the amount of$250,000 (with standard deductions
of not more than S20,000). {
i C. Public Liability Insurance, on a comprehensive basis, in an amount not less than
$300,000 combined single limit per occurrence for bodily injury and property damage. f
The policy must he endorsed to show the CITY as additional insured.
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D. Worker's Compensation Insurance in compliance with Chapter 440, Florida Statutes,
as presently written or hereafter amended.
SSFQTION 9 - REUSE OF DOCUMENTS J
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<Avoership of Documents. .All original drawings, specifications, reports or other documents
prepared by the ENGINEER in the course of performing the work shall be the property Of
the CI1')'. Upon completion and acceptance of the final work, the ENGINEER shall
furnish to the CITY, the original drawings and field notes. The ENGINEER may keep a
reproducible set of the original drawings and shall keep all other data collected during the
provision of the services.
Page 6 of 10 pages
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`J ti. FC�1:Zt�:' _ o_ ctttnnti (1F SERVICE,
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The provisions of this Section 4 and the varius rates of compensation for ENGINEER'S '
j services pluvided fol clsc,shcrc In lhi� Agreement have been agreed to in anticipation of
the orderly and continuonS progress of this Project through completion of the Construction
Phase. ENOINE•f_R'S obligation to render services hereunder will extend for a period which
may reasonably be required for the design, award of contracts and con+tntetiun of the
Project including extra work and required extensions.
-rtnv a CO%fPE '%TlOy
CITY shall pay FNGINEER for Basic Services rendered under Section I and itemized as
JExhibit A of this agreement an amount cumputed in accordance with one or a combination
of llc ulcliluds Uullllcd heloµ':
I A. Lump Sun, Fee: The fee for any portion of work at the option of CITY, shall be a
iuntp sum as mutually agreed upon by the CITY and ENGINEER.
B. Pixel Hourly Rates: An amount equal to ENGINEER's hourly billing rate schedule
attached as Exhibit B times the hours actually expended for all Basic Services
rendered by principals and employees engaged directly on the Project.
C. Reimbursable Expenses: Estimated reimbursable expense associated with all phases
of Basic Service is summarized in Exhibit "C' and includes, but is not necessarily
limited to document reproduction, rental of specialized equipment, travel,
uanspurtaliun, subsidence, computer lintc, computer plots. and word processors.
These expenses shall be reimbursed on a direct cost basis.
J1 sr: _�� 6_��'rFtt�nS of Pwrn�slvT
The CITY agrees nl make monthly or partial payments to the ENGINEER for all
authorized work performed during the previous calendar month or other mutually agreed
Upon Invoicing period. Payments shall be made in accordance with the following methods:
A. Estimated Professional Fees and/or Reimbursable Expenses: The ENGINEER shall
T7. Each invoice shall be references! to the
submit duly certified invoices to the C1
rvices performed and expenses incurred.
pvtiallar phase of se
The amount of invoices submitted shall be comprised of the amounts due for all
cervices performed and reimbursable expenses incurred to date in connection with
authorized work less previous payments.
B. Lump Sum Fee: The ENGINEER shall submit duly certified invoices to the CITY.
Each invoice shall be referenced to the particular phase of services performed and 4
hall be calculated by applying the percentage
expenses incurred. The amount due s
of total work performed to date in the authorized lump sum plus expenses incurred
to date in connection with authorized work less previous payments.
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Page i of 10 pages
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SF: ' '1c)` 11 - L\T1iiF.TY OF AGREFd%I
_ This Agreement, together wtth the Exhibits and schedules identified above constitute the
mire agrcement between CITY and ENGINEER and %upersctJc all prior written or oral
undcrstandtnLs. This Agreement and said Exhibits dud schedules may only be amended,
supplemented, ntndificd or canceled by a duly executed written instrument.
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This agreement shall be governed by all constructed according to the laws of the State of
Florida.
In WITNESS WHEREOF the parties have cxccutcd these presents this day of
1992
ATI'liS'l : CITY OF DANIA, FLORIDA
BOARD OF CITY COMMISSIONERS
By. _ By:
CITY CI.ERK MAYOR
ATTEST. COASTAL TECHNOLOGY CORPORATION
j A FLORIDA CORPORATION
(CORPORATE SEAL) s
By: By:
KEVIN ht. McC.A.BE R. HARVEY SASSO,
SECRETARY-TREASURER VICE PRESIDENT
APPROVED AS TO FORM:
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By:
=' CITY ATTORNEY
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Page 7 of 10 pages
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i•:XHIBIT 'A"
ENGINEERING
DESCRIPTION FEES
Part I Fnvironmental Permit Processing S 17,000.00")
Part 2 Control line and Land Lease Surveys S 5,000.00t21
Part 3 Soil Borings S 6,100.0001
Part 4 Engineering Design S 24,000.W')
Part 5 Construction Administration 15.000.0�
TOTAL ENGINEERING FEES: $ 67,100.00
NO•rES:
1) Engineering fees are estimated not to exceed, and will be invoiced on an hourly basis
plus expenses per the attached Hourly Rate Schedule (Exhibit "B"). Fees may be
reduced by $2,000.00 if sufficient assistance is provided by the CITY lobbyist in
Tallahassee, to expedite permit approvals.
1 2) Lump Sinn plus expenses.
3) Eugiuccring fees are estimated not to exceed, and will be invoiced on an hourly basis j
plus expenses, per the attached Hourly Rate Schedule (Exhibit "B").
Palve 8 of 10 pages
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EXHIBIT •110
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COASTAL, TECHNOLOGY CORPORATION
I IOURLY RATE SCHEDULE
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Effective February I, 1991
TITLE HOURLY IRATF
Principal S 95.00
I Seniur Engineer $ 85.00
Project Lngineer/�lanagcr S 75.00
t Design Engincer/Resource Analyst S 65.00 it
Enginecr ,rechniciun S 45.00
Draftsperson S 40.00
Administrcrtive Assistant S 35.00
Clerical S 25.00
REPRODUCTION/TI2AtiS111S5ION CHARGES Per Sheet
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1 Blueprints (up to and including 24" X 36") S 2.00
Mylars S 10.00
Xerox copies $ 10
Fax transmissions $ SO
Computer Plotting S 15.00
DIRECT EXPENSES Cost X 1.1
SUBCONTRACTED EXPENSES Cost X 1.1 `
MILEAGE - Per Mile S 30 f i <
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Pate 9 of 10 pages
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EXHIBIT "C
ESTISIA'I'ED REIDIBURSABLE EXPENSES
' Yy
��BIPTI ONF5TI MAM
EXPENSES
AIRFAKF: - .j Tripe l! S250.00 ea. S 1,000.00a"$ w
BLUEPRINTS $ 175.00
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CAR RENTAL S 150.00
FAX 'I'IZANSMITT'Al� S 300.00
S 225.00
FEDERAL EXPRESS MAIL
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FILM/Pt21NTS $ 200.00 Yy4 "r
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MESSENGER SERVICE S 250.00
{ S 750.00
I MILEAGE.
$ 50.00
PARKING
I PHONES 1,500.00
PHOTOCOPIES S 100.00
PLOTTING SERVICES S 750.00 rt
TAXI S 100.00
UPS PACKAGES I—loom
TOTAL. ESTIMATED REIMBURSABLE EXPENSES 3 5,650.00
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