CC SR 20230919 I - PBL Final Engineering
CITY COUNCIL MEETING DATE: 09/19/2023
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA TITLE:
Consideration and possible action to approve professional services agreements for the
Portuguese Bend Landslide Remediation Project final engineering and associated
services.
RECOMMENDED COUNCIL ACTION:
(1) Award a professional services agreement to Geo-Logic Associates, Inc. for the
Portuguese Bend Landslide Remediation project final engineering and associated
services in the amount of $1,460,000, plus a 15% contingency of $219,000, for a total
cost of $1,679,000;
(2) Award Amendment No. 1 to the professional services agreement with LSA
Associates, Inc. for the Portuguese Bend Landslide Remediation project
Environmental Impact Report (EIR) in the amount of $141,917 plus a 15%
contingency of $21,288, for a total cost of $163,205;
(3) Award a professional services agreement to Hout Construction Services, Inc. DBA
Hout Engineering for the Portuguese Bend Landslide Remediation project
management, peer review, and associated services, in the amount of $393,784, plus
a 15% contingency of $59,067, for a total cost of $452,851;
(4) Authorize the Mayor to execute the agreements in a form approved by the City
Attorney; and,
(5) Approve an additional appropriation of $925,289, from the City’s Capital
Infrastructure (CIP) Fund for the professional services associated with the
Portuguese Bend Landslide project.
FISCAL IMPACT: The current committed CIP balance for the Portuguese Bend
Landslide Remediation project is $1,419,767 . In order to proceed
with final engineering and to complete the Final EIR based on
anticipated project design revisions resulting from comments on the
Draft EIR, the total of the recommended PSAs is up to $2,295,056.
Additionally, approximately $50,000 is expected to be needed for
professional services related to drainage and trail repairs in the
landslide area. Therefore, Staff is requesting an additional
appropriation of $925,289. The recommended Council action will
result in an expenditure of up to $2,345,056. The $925,289 amount
may be offset in the CIP fund by the recently announced FEMA grant
or be considered part of the required FEMA matching funds;
however, this will not be confirmed until the FEMA grant process is
completed. VR
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Amount Budgeted: $2,990,381
Additional Appropriation: $925,289
Account Number(s): 220-400-8304-8001
(Measure R-Professional/Technical)
330-400-8304-XXXX
(CIP-Various)
ORIGINATED BY: Ramzi Awwad, Public Works Director
REVIEWED BY: Same as above
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Professional Services Agreement with Geo-Logic Associates, Inc. (page A-1) (to
be transmitted as late correspondence)
B. Professional Services Agreement with Hout Construction Services, Inc. DBA
Hout Engineering (page B-1) (to be transmitted as late correspondence)
C. Amendment No. 1 to the Professional Services Agreement with LSA Associates,
Inc. (page C-1) (to be transmitted as late correspondence)
BACKGROUND:
Project History
In spring 2017, the City Council appointed then-Mayor Pro Tem Jerry Duhovic and then-
Council Member Ken Dyda to a subcommittee to identify possible solutions or strategies
to remediate the Portuguese Bend Landslide (PBL). This subcommittee was formed to
begin a collaborative process with community stakeholders and professional experts from
Daniel B. Stephens & Associates, Inc. (DB Stephens) and Geo-Logic Associates on
identifying possible engineering solutions to remediate the PBL. Additionally, to provide
a forum for stakeholder involvement, the City Council convened a committee of
concerned residents to chart a path toward significantly reducing movement of the PBL.
A series of four public workshops was held to elicit the best ideas from the community
and to seek input on goals and possible solutions to remediate the PBL. Approximately
20 to 30 residents attended each of these workshops and participated in the process.
Considering input at these workshops, the City commissioned the PBL Remediation
Feasibility Study (Feasibility Study) to identify and select a conceptual solution to
significantly reduce landslide movement.
On January 16, 2018, Staff presented the City Council with a draft Feasibility Study, and
on June 18, 2018, a public workshop was conducted to provide residents with a summary
of the Feasibility Study and answers to their questions. On August 7, 2018, Staff
presented the City Council with the Updated Feasibility Study. The City Council then
authorized Staff to move forward with the preliminary design of the PBL Remediation
Project.
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Preliminary Design
On December 17, 2019, following meetings with the Palos Verdes Peninsula Land
Conservancy (PVPLC) and other community stakeholders, Staff presented the City
Council the proposed preliminary design for the PBL Remediation Project.
The preliminary design consists of mitigation measures intended to significantly slow
down land movement by removing water and preventing its re-entry, the primary
contributor to the landslide. Those measures are summarized as follows:
• Infill surface fractures (fissures) to prevent storm water runoff from easily becoming
part of groundwater.
• Install surface drainage systems, including natural swales, to convey storm water
runoff to the ocean and prevent it from becoming part of the groundwater.
• Install hydraugers to extract underground artesian water and reduce pressure to
slow down landslide movement.
The preliminary design was prepared based upon geological, hydrogeological, and
geotechnical information available from previous site -specific studies. The preliminary
design was completed to a 35-60% design level to support preparing the required
environmental document and serve as a basis for final engineering.
After considering public testimony, the City Council accepted the preliminary design and
directed Staff to proceed with preparing the environmental documents required by the
California Environmental Quality Act (CEQA).
Environmental Impact Report
On May 19, 2020, the City began work on preparation of environmental documents. An
Initial Study (IS) was prepared, which concluded that an Environmental Impact Report
(EIR) was necessary to meet CEQA requirements.
The purpose of an EIR is to identify the significant effects on the environment of a project,
to identify alternatives to the project, and to indicate the manner in which those significant
effects can be mitigated to a less than significant level or avoided. The EIR evaluates and
mitigates a reasonable worst-case scenario of potential impacts associated with the
proposed project. It is an informational document for the lead agency and other public
agencies, the general public, and decision makers regarding the potential environmental
impacts from construction and operation of the proposed project.
On December 19, 2020, the City Council conducted a public hearing to receive public
comments regarding the issues to be addressed in the EIR. The EIR was scoped to study
various environmental impacts based on the project description and objectives.
The Draft EIR was completed and released on February 9, 2023 for public review and
comment for a 64-day period through April 14, 2023. CEQA requires a comment period
of no less than 30 days and not longer than 60 days except under unusual circumstances.
The City elected to give 60 days to allow maximum public participation. However, 60 days
would have been the day following Easter and might have excluded some persons from
commenting. Therefore, the City extended the comment period a few days beyond the 60
days.
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On March 21, 2023, the City Council conducted a public hearing to provide information
about the Draft EIR and solicit public comments regarding issues and concerns with the
document.
At the close of the comment period, the City received a total of 45 comment letters on the
Draft EIR, each of which covered a variety of topics. The comments included letters from
federal agencies, state agencies, various organizations, interested parties, and the
general public.
Some comment themes were not relevant to the EIR process. For example, comments
about funding, increasing the scope and coverage area of the project, and treating and
re-using water extracted by hydraugers. Some comments urged the City to engage to a
greater extent with stakeholders including the PVPLC and affected homeowners. Many
of the comments called for additional analysis and revisions to the preliminary design, the
most prominent of which include:
• Native Plants and Habitat
o Detail how proposed plantings would be viable including the appropriate
plant establishment period.
• Hydraugers:
o Determine if hydrauger battery A5 could be eliminated by installing
additional pipes drilled from hydrauger battery A6.
• Drainage Swales
o Determine if the footprint of the drainage swales footprint can be reduced .
o Revise the design of the surface drainage system including canyon
transitions, swale slopes, geo-liners, and planting to use the most habitat
friendly details and to allow for combined drainage and recreational uses
wherever possible.
• Flow Reduction Basin
o Determine if the flow reduction area can be significantly reduced in size or
eliminated entirely.
• Constructing Phasing
o Revise the project design to a phased approach that consists of installing
one hydrauger and studying its effectiveness, then proceeding with
additional hydraugers if needed, then installing the surface drainage system
if needed.
Additionally, many comments were about final engineering details which are not available
as part of the preliminary design, the most prominent of which are:
• Construction Logistics and Trail Management
o Provide a detailed construction logistics plan including staging, storage, and
access details.
o Provide a detailed construction trail use management plan including
planned trail closures or restrictions along with signage , fencing, and other
details.
• Maintenance Logistics and Trail Management
o Provide a detailed maintenance logistics plan, including staging, storage,
and access details.
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o Provide a detailed maintenance trail use management plan including
planned trail closures or restrictions along with signage, fencing, and other
details.
o Provide a plan for filling fissures that may develop after construction
completion.
Finally, some comments questioned the original basis of design from the Updated
Feasibility Study and preliminary design accepted by the City Council, and asked for
additional analysis and information, the most prominent of which are:
• Hydraugers:
o Quantify the contributory reduction in land movement expected for each
hydrauger battery.
o Justify the location of each hydrauger battery and explain why it is the
optimal location to achieve the project goals; describe other locations that
were considered and why they were not selected.
o Explain why hydrauger batteries will not cause landscape deformation
including in and outside of the landslide area.
o Quantify the total water expected to be produced by each hydrauger battery.
o Describe the minimum water quality criteria for discharge of water to the
ocean and explain the process for disposing of water that does not meet
minimum water quality criteria.
• Drainage Swales
o Quantify the contributory reduction in land movement expected for the
surface drainage swales.
o Demonstrate that the geographic scope of the hydrologic and hydraulic
study includes the entire watershed needed for the project.
• Flow Reduction Basin
o Quantify the contributory reduction in land movement expected for the flow
reduction area. Explain the methodology and assumptions.
o Describe any risk for landslide movement due to excess weight in the flow
reduction area.
• Fissure Infilling
o Quantify the contributory reduction in land movement expected for the
fissure infilling.
• Other
o Explain the contribution of uphill septic tanks and irrigation systems to the
land movement.
Stakeholder Meetings
The City and its consultant team met with the following stakeholders to gain a better
understanding of their Draft EIR comments:
• PVPLC
• U.S. Fish and Wildlife Service
• California Department of Fish and Wildlife
• Sierra Club
• California Native Plant Society
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• Surfrider Foundation
• Portuguese Bend Beach Club Homeowners Association
On August 15, 2023, at the request of the Councilmember Bradely, Staff presented an
update to the City Council detailing comments received in response to the DEIR. The City
Council directed Staff to return with professional services agreements (PSAs) to proceed
with final engineering while determining if the project can be modified to reduce the
footprint of the flow reduction area and drainage swales, maximize their ability to support
native habitat, and relocate hydrauger batteries to areas that minimize impacts on native
habitat.
Tonight, the City Council is being asked to consider the PSA’s associated with completing
the final engineering for the project, as discussed below.
DISCUSSION:
Final Engineering
Staff solicited a proposal for final engineering services from Geo-Logic Associates, Inc.
(GLA), the parent company of DB Stephens, for final engineering and associated
services. Staff solicited the proposal from GLA because its work on the preliminary design
and support of the DEIR places it in a position of unique knowledge of the design and
specific project issues. Therefore, Staff recommends entering into a PSA with GLA for
final engineering because it is the firm most likely to complete the work quickly and cost-
effectively.
Final engineering typically advances the preliminary/concept design to a stage where
construction bids can be solicited. In this case, to respond to some of the DEIR comments
in accordance with City Council direction, final engineering will also include validation of
the preliminary/concept design and analysis to determine if certain revisions can be
made.
As part of final engineering, GLA will sub-contract with an independent third-party quality
control technical reviewer who is a nationally recognized academic expert in
computational geotechnics and landslide mitigation.
Final engineering includes the following key components:
• Project Outcome Measures
o Quantify the expected mitigation outcome in terms of landslide
displacement.
o Establish success metrics for hydraugers, surface drainage features, and
fissure infill.
o Estimate the relative contribution of each mitigation component on landslide
movement.
o Estimate the contribution of septic tanks and other elements (i.e. irrigation)
on landslide movement.
• Survey
o Re-survey the project area to capture changes due to land movement and
produce an updated topographic map including the current functional status
of pipes in the area.
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o Re-survey fissure locations and sizes just prior to soliciting construction bids
to capture the most current status before the start of construction.
• Concept Plan Validation
o Update the PBL 3D seepage/artesian pressure model using the updated
survey information and incorporating changes to the project resulting from
the DEIR process (including modifications to the original hydrauger battery
concept). The results of the update will be used for sizing of the hydraugers.
o Update the PBL 3D slope stability model using the updated survey
information and incorporating changes to the project resulting from the
DEIR process (including modifications to the original hydrauger battery
concept). The results of the update will be used to complete final
engineering of hydrauger batteries.
o Evaluate the effect of surface water loading from the flow reduction area (if
not eliminated) on landslide stability.
o Evaluate the effect of heavy equipment on landslide stability.
• Final Design Criteria
o Establish final design criteria including storm size for the surface drainage
system, minimum water quality discharge standard, and materials for
various features.
• Final Engineering of Fissure Infilling
o Update the fissure infilling plan based on updated survey information.
• Final Engineering of Drainage Swales and Flow Reduction Area
o Update the hydrology and hydraulics (H&H) calculations used for the
drainage swale concept design.
o Determine if the size of the drainage swales can be reduced per the updated
(H&H) calculations.
o Determine if the flow reduction area can be reduced in size or eliminated
based on the updated (H&H) calculations and design storm. Identify other
drainage improvements that would be necessary to eliminate or reduce the
size of the flow reduction area. If the flow reduction area is required,
determine the drainage time for multiple scenarios.
o Simulate an event exceeding the design storm and identify potential impacts
on the surrounding area.
o Develop context sensitive designs for the drainage swales and flow
reduction area (if not eliminated) including native vegetation to the extent
possible. This effort will be in collaboration with the PVPLC with the goal of
reaching a mutually agreeable planting palette.
o Detail all components of the surface drainage system including planting and
materials selection.
o Provide evidence that proposed plantings would be viable, including a plant
establishment period.
o Determine if drainage swales could serve a mutual purpose as trails to
reduce the overall project footprint.
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• Final Engineering of Hydrauger Batteries
o Develop aesthetically acceptable designs for the hydrauger battery wing
walls and water storage tanks.
o Identify beneficial uses of discharged groundwater.
• Construction Plans, Specifications, and Cost Estimates
o Prepare 60%, 90%, and 100% construction drawings, specifications, cost
estimates, contract special provisions, and related documents for the
project. This will include addressing comments from the independent third -
party quality control review as well as the City’s quality assurance review at
each stage.
o Prepare construction logistics plans detailing storage and staging locations
as well as temporary access routes.
o Prepare construction trail use and management plans specifying trail
closures, signage, fencing, and traffic control details.
• Design Validation During Construction
o Develop a plan to confirm modeling and design assumptions during
construction. This plan will include boreholes and instruments to measure
the groundwater table, basal failure surface elevations, and artesian
pressure. The plan will enable estimating the volume and quality of
groundwater and will serve as a basis of comparison for post-construction
conditions.
o Develop a sequence of construction plan including using feedback from
each hydrauger battery to confirm assumptions or make modifications to
the next hydrauger battery.
• Post Construction Plans
o Develop a post-construction monitoring plan.
o Develop a post-construction maintenance plan including access, storage,
and staging.
o Develop a post-earthquake repair plan (for minor damage).
GLA will also study the possibility of implementing short-term mitigation measures in
advance of the measures identified in the preliminary/concept plan. If such measures are
determined to be viable, they will be presented to the City Council for considera tion. It is
important to note that implementing any construction activity in the project footprint before
finalization of the FEMA grant agreements (see Additional Information) could have
implications on grant funding eligibility. If that is the case, the implications will be
presented along with the measures for consideration.
In addition to the above key final engineering components, Staff will direct GLA to prepare
responses to various questions raised during the DEIR that may not be answered in the
final engineering plans.
EIR Support
On September 20, 2022, the City entered into a PSA with LSA Associates, Inc. (LSA) to
complete the EIR for the project (originally started by Chambers Group, Inc.) based on
the preliminary/concept design. Because the final engineering process may result in
revisions to the project design to reduce the environmental footprint of the project ,
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additional work will be needed for the EIR process. Staff recommends amending the PSA
(Amendment No. 1) with LSA to provide environmental support services during the final
engineering process.
Environmental support services include the following key components:
• Consult on environmental constraints to be considered as part of design revisions.
• Provide recommendations on swale designs and other features.
• Recalculate impacts on resources, including biological resources, within the
revised project footprint.
• Assess the final engineering plans in comparison to the project description and
impact analysis in the DEIR and accordingly recommend the appropriate CEQA
path.
• Prepare regulatory agency permit applications.
• Prepare materials and attending meetings with stakeholders (including on -site
meetings)
Because the extent of design revisions (if any) is not known at this time, it is not possible
to determine if there will be a need for revised DEIR technical reports, substantial
revisions to the DEIR, or changes to the DEIR processing. Therefore, revised technical
reports and substantial revisions to the DEIR are not included in the scope of work of the
PSA with LSA. Upon conclusion of the design revisions, should revisions to the technical
studies or DEIR be necessary, an amendment to the PSA with LSA will be presented to
the City Council for consideration.
Project Management
On February 15, 2022, the City entered into a PSA with Hout Construction Services, Inc.,
DBA Hout Engineering (Hout) to provide program management services for the PBL
Remediation Project. The HCS team, including various sub-consultants, consists of
professionals and industry experts with in-depth experience in project management,
environmental services, surveying, civil engineering, geotechnical engineering, and
landslide remediation.
The scope of services with Hout included project management through completion of the
EIR based on the preliminary/concept design. Hout’s scope did not include project
management for revisions to the preliminary/concept design or project management
through the final engineering phase.
Staff recommends entering into a new PSA with Hout to provide project management
services to oversee final engineering and to assist the City with technical and peer review
of GLA work product. This includes a detailed review of all reports, plans, specifications,
cost estimates, and other project documents through the final engineering phase. Hout
will provide the City with quality assurance which is a second layer of review in addition
to the quality control performed by GLA.
Staff recommends entering into a PSA with Hout for these services because as a contract
City, the Public Works Department (PW) does not have the resources or personnel to
effectively manage the Project while also providing other basic public works services.
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Additionally, PW does not have the range of expertise, including but not limited to
environmental science, surveying, civil engineering, geotechnical engineering, and
landscape architecture to properly review GLA’s work product and assure that the City’s
best interests are achieved. A new PSA is recommended rather than an amendment to
the existing PSA because the existing PSA covers multiple projects, some of which have
been completed; therefore, a new PSA will be more efficient from a contract management
perspective.
Absent a qualified project management firm, it is extremely unlikely that PW could
progress the Project in a timely manner while also providing other basic services.
Project management services include the following key components:
• Peer review and provide recommendations on the project outcome measures,
design criteria, success metrics, survey, H&H calculations, updated 3D
seepage/artesian pressure model, 3D slope stability model, and final design report.
• Quality assurance review of 60%-90%-100% plans, specifications, special
provisions, and cost estimates.
• Peer review of post construction monitoring and maintenance plans.
• Facilitate resolving public comments on the DEIR and manage completion of the
EIR.
• Manage scope, schedule, and budget of GLA and LSA.
• Coordinate with stakeholders, prepare materials for meetings, and manage
documents.
Stakeholder Coordination
The final design process for this project is envisioned to occur in collaboration with the
PVPLC, surrounding homeowners associations (HOAs), permit agencies, and other
stakeholders and interest groups. GLA will prepare design information and submit it to
the City for review. After an initial review, the City will then collaborate with stakeholders
and consider modifications to the design based on discussions with stakeholders.
Ultimately, it is possible that modifications requested by stakeholders may not be
compatible with project objectives. If that is the case, Staff will present a design that
prioritizes the project objectives to the City Council for consideration.
Cost Estimate
The professional services fees for final engineering and associated services are typically
developed using an approved preliminary/concept plan. However, because there may be
substantial revisions to the preliminary/concept plan, the professional services work for
some components of final engineering and associated services are difficult to quantify.
Accordingly, the professional services fees are based on budget line items with
established rates for categories of various professionals that will be working on the
Project. Staff anticipates that the Project Officer will need to increase some budget line
items and decrease other budget line items throughout the project, but that the total fees
will be sufficient, particularly when factoring in contingencies.
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The GLA fee for final engineering and associated services is $1,460,000 plus a 15%
contingency of $219,000, for a total cost of $1,679,000.
The LSA fee for the environmental impact report revisions and associated services is
$141,917 plus a 15% contingency of $21,288, for a total cost of $163,205.
The Hout fee for project management, peer review, and associated services is $393,784,
plus a 15% contingency of $59,068, for a total cost of $452,852.
It is possible that some or all of the professional services fees will be reimbursed by grant
funds (see Additional Information). However, verification of eligibility will not occur until
after the grant award process is completed.
The Capital Improvement Program (CIP) current budget includes a committed amount of
$1,419,767 in the CIP Fund. The total of the recommended PSAs is up to $2,295,056.
Additionally, approximately $50,000 is expected to be needed for professional services
related to drainage and trail repairs in the landslide area. Therefore, Staff is requesting
an additional appropriation of $925,289. Table 1 shows a budget summary of the project.
Table 2: Retaining Wall Repairs at 3001 Crest Rd Budget Summary Table
Upon completion of the final engineering stage, additional professional services will be
needed. These including bidding services, construction engineering, construction
management and inspection services, etc. Costs for those services can be better
quantified upon completion of the final engineering stage. Accordingly, additional PSAs
will be brought for consideration by the City Council at a future date.
Schedule
The current schedule for completion of the final design documents and presentation of a
final EIR for City Council consideration is tentatively September 2024. The schedule is
very aggressive and has been accelerated to the extent possible by starting certain tasks
and sub-tasks that are dependent on a prior task by using any available information from
that prior task to progress the ensuing task to the extent possible.
ADDITIONAL INFORMATION:
Building Resilient Infrastructure and Communities (BRIC) Grant
The proposed project is estimated to cost approximately $33 million based on an estimate
prepared in 2019 using the preliminary/concept plan. The estimate included
contingencies and accounted for inflation to a projected construction start date which at
the time had been forecast as 2024.
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Concurrently with development of the Draft EIR, the City submitted an application to the
Federal Emergency Management Agency (FEMA) for a BRIC grant in the amount of
$23.3 million, accounting for a non-federal match of $10 million to increase
competitiveness of the application.
On August 28, 2023, FEMA announced that the project was selected for the BRIC grant.
The City must certify the EIR and meet other requirements before any funds will be
disbursed. Grant funds are expected to become available in two to three years, assuming
the EIR is certified.
CONCLUSION:
Staff recommends the City Council award a PSA to GLA for final engineering and
associated services in the amount of $1,460,000, plus a 15% contingency of $219,000,
for a total cost of $1,679,000. The final engineering scope includes validation of the
preliminary/concept design and analysis to determine if certain revisions can be made in
response to DEIR comments, as well as advancing the engineering design to a stage
where construction bids can be solicited.
Staff recommends the City Council award a PSA to LSA for environmental consulting
services for revisions to the project design and associated services in the amount of
$141,917 plus a 15% contingency of $21,288, for a total cost of $163,205. The
environmental work includes assessing the environmental impacts of design revisions
and advising the City on CEQA compliance.
Staff recommends the City Council award a PSA to Hout for project management , peer
review, and associated services in the amount of $393,784 plus a 15% contingency of
$59,068, for a total cost of $452,852. The project management work includes
management of the project scope, schedule, and budget, as well as technical review of
all project documents across the range of project disciplines.
ALTERNATIVES:
In addition to Staff recommendations, the following alternative actions are available for
the City Council’s consideration:
1. Do not approve one or all of the proposed PSAs for final engineering and
associated services, and direct staff to solicit new proposals for consideration. This
will result in delaying the start of final engineering by approximately 3-6 months.
2. Take other action, as deemed appropriate.
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