Aerial Herbicide Contract Doc - British Columbia



|[pic] |Ministry of |Vegetation Management |

| |Forests, Lands and |Aerial Herbicide Application |

| |Natural Resource Operations |Schedule A |

| | |For Operational Services Contract |

File:      

Attachment to the Agreement with       for      .

Table of Contents

ARTICLE 1: GENERAL CONDITIONS 2

1.01 Definitions 2

1.02 Amendments and Supplements 2

1.03 Schedules of the Same Name 2

1.04 Equipment Provision and Inspection 2

1.05 Records to be Kept 3

ARTICLE 2: PERSONNEL 3

2.01 Statutory and Regulatory Requirements 3

2.02 Specially-trained Personnel 3

ARTICLE 3: MATERIALS AND EQUIPMENT 4

3.01 Helispots and/or Airstrips 4

3.02 Chemicals 4

3.03 Public Information Signs 4

ARTICLE 4: THE HERBICIDE 5

4.01 Transport, Handling and Storage 5

4.02 Mixing 5

4.03 Wash-up Facilities 6

4.04 Leakage, Spills and Accidents 6

4.05 Empty Containers 6

ARTICLE 5: CONDITIONS OF APPLYING THE HERBICIDE 7

ARTICLE 6: STANDARDS OF PERFORMANCE AND WORK PROGRESS 8

6.01 Work Plan Map 8

6.02 Work Progress Plan 8

6.03 Detailed Standards 9

ARTICLE 7: INSPECTION AND ACCEPTANCE 9

7.01 Proper Mixture 9

7.02 Use of Dye 9

ARTICLE 8: MEASUREMENT AND PAYMENT 9

8.01 Measurement 9

8.02 Payment 9

ARTICLE 1: GENERAL CONDITIONS

1 Definitions

In this schedule, the following words shall have the following meanings.

(a) “Aerial Spray System” means the combination of spray equipment (types of booms, nozzles, pumps and gauges etc.) and specific aircraft to be used for the Work.

(b) “Approved Vegetation Management Quality Inspection System” or “Approved VMQI System” means the inspection system contained in this schedule or another similar system approved in writing by the Province prior to the commencement of Work.

(c) “Buffer Zone” means an area adjacent to a Pesticide Free Zone established to ensure herbicide does not enter the Pesticide Free Zone.

(d) “Certified Pesticide Applicator” means a person holding a valid pesticide applicator’s certificate, forestry category, issued by the Ministry of Environment.

(e) “Contingency Plan” means a written plan to deal with herbicide spills, accidents or misapplication, developed in accordance with the specifications in this schedule for the Herbicide Operations Plan.

(f) “Herbicide Field Handbook” means the most recent edition of the Herbicide Field Handbook (by Jacob O Boateng), FRDA Handbook 006 (Revised), published by the B.C. Ministry of Forests, Forest Practices Branch, Victoria, B.C. and includes every amendment. The most recent edition was published in March 2002.

(g) “Herbicide Operations Plan” means a plan the provides a detailed accounting of how the specified task will be accomplished

(h) “No Treatment Zone" means an area under Pesticide Use Permit or Pest Management Plan that is not to be treated.

(i) “Permit” means a Pesticide Use Permit (PUP) issued under the Integrated Pest Management Act by the Administrator or Deputy Administrator of the Act.

(j) “Pest Management Plan (PMP)” means a management plan prepared under the Integrated Pest Management Act.

(k) “Pesticide Free Zone” means an area in which no pesticides shall be applied or enter and is as defined by the Integrated Pest Management Program of B.C. Ministry of Environment.

(l) “Specified” means, as the context so requires, Specified in: a Prescription; a Pesticide Use Permit; Pest Management Plan; this schedule, another schedule or a map attached to this Agreement; or a Herbicide Operations Plan.

(m) “Treatment Type” means a particular herbicide mixture, equipment and technique of application Specified for a Work Area.

(n) “Treatment Unit" means the delineated area on any attached map wherein one or more Treatment Types may be prescribed to be carried out.

2 Amendments and Supplements

The specifications in this Schedule may be amended or further supplemented in other Schedules to this Agreement or in the Work Progress Plan.

3 Schedules of the Same Name

This Schedule is applicable to every other Schedule to this Agreement having in its title words “VEGETATION MANAGEMENT- Aerial Herbicide Application”

4 Equipment Provision and Inspection

(a) The Contractor must supply all of the equipment that is required for the various Treatment Types Specified in Schedule B attached hereto.

(b) The equipment supplied must be capable of meeting the requirements contained in this Agreement.

(c) If the Ministry Representative determines that the equipment is unsuitable for the required work the Contractor must replace the equipment in a reasonable time as determined by the Ministry Representative.

(d) All equipment intended for use during this Agreement shall be inspected by the Ministry Representative. Should equipment not approved by the Ministry Representative be used, the Province may terminate this Agreement forthwith.

(e) All aerial spray equipment system(s) to be used under this Agreement must be checked, calibrated and tested by the Contractor and approved for the season of use by the Province prior to spraying.

5 Records to be Kept

The Contractor is responsible for completing the Herbicide Operation Record form (FS705) attached hereto, and shall send it to the Ministry Representative. The payment process will not be initiated until the completed form has been received by the Ministry Representative. The Contractor shall retain a copy of the form for a minimum of three years from the date of the operation and shall, pursuant to the Integrated Pest Management Act and the Integrated Pes Management Regulation, make it available for inspection upon receiving a request from the Integrated Pest Management Program of the B.C. Ministry of Environment.

ARTICLE 2: PERSONNEL

1 Statutory and Regulatory Requirements

a) The Contractor shall be solely responsible for the supervision, conduct and discipline of their employees and agents, and they shall ensure that all Work performed by their employees and agents pursuant to this Agreement conforms with the terms and conditions of the Pesticide Use Permit(s) or the approved Pest Management Plan for the areas to be treated and with the Integrated Pest Management Act and the Integrated Pest Management Regulation (as administered by the Integrated Pest Management Program, B.C.Ministry of Environment).

b) The Contractor shall provide the required number of certified Pesticide Applicators (forestry category) so as to comply with the worker/supervisor ratio required by the Integrated Pest Management Program, B.C. Ministry of Environment. Copies of the certificates of all certified personnel must be provided to the Ministry Representative.

c) The Contractor's project supervisor must be certified as a Pesticide Applicator, and must be familiar with the constraints and requirements of the applicable Pesticide Use Permit(s) or the approved Pest Management Plan. The project supervisor may not be the pilot who is to be used for the operation.

d) The Contractor must possess a valid British Columbia Pest Control Service Licence, and shall make a copy available for inspection upon request by the Ministry Representative or the Integrated Pest Control Program, B.C. Ministry of Environment.

2 Specially-trained Personnel

a) The pilot doing the pre-treatment reconnaissance flight with Ministry of Forests, Lands and Natural Resource Operations' employees or agents must have a minimum of five hundred commercial flying hours for rotary wing or one thousand commercial flying hours for fixed wing as applicable to this Agreement and in accordance with the Aviation Safety Manual (Ministry of Forests, Lands, and Natural Resource Operations, Wildfire Management Branch).

b) The pilot designated to perform the operational herbicide spraying must either pilot, or be present on, a pre-treatment reconnaissance flight in order to be familiar with the Treatment Unit(s).

c) The Contractor shall, for the aerial herbicide spraying, supply pilot(s) who, in addition to holding a valid Commercial Pilot's Licence, and a British Columbia Pesticide Applicator's Certificate in the forestry category (as well as other applicable federal/provincial licences and certificates), have a demonstrated ability and experience in spraying in forest situations. No pilot may make an unsupervised operational flight unless:

I. they have at least one spray season of training and experience as a ground support person on aerial herbicide projects. This experience must have involved mixing, weather and spray monitoring, buffer marking, nozzle and boom replacements, and other related activities; and

II. they have successfully sprayed a minimum of one thousand hectares of forest land under the supervision of experienced pilots.

d) The pilot(s) must be familiar with the constraints and requirements of the Pesticide Use Permit(s) or the Pest Management Plan relating to the project.

e) In the event that a substitution of an aerial applicator (pilot) and/or Aerial Spray System is required, the substitute must meet the requirements of this Agreement and must be approved by the Ministry Representative in writing. A substitute pilot shall be required, at the Contractor's expense, to carry out a reconnaissance flight of the Treatment Unit(s) prior to the commencement of spraying operations.

f) The Contractor shall provide a minimum of one qualified and certified applicator for each mixing unit to supervise the fuelling as well as the mixing and loading of spray solutions.

g) The Ministry Representative may require the Contractor to demonstrate that their employees and agents are adequately equipped and trained to conduct the herbicide treatment, and to take remedial action in the event of an equipment malfunction and/or spill of herbicide, oil carrier or spray solution.

h) Where specialized equipment is required or planned for use, evidence of training/experience for appropriate personnel must be supplied.

ARTICLE 3: MATERIALS AND EQUIPMENT

3.01 Helispots and/or Airstrips

a) The Province and Contractor shall mutually agree on the location of the helispots and/or airstrips for this Agreement.

b) The Contractor shall, prior to the commencement of spraying, determine the safety of the helispots and/or airstrips for use by the spraying aircraft and the support equipment.

c) Should the Contractor determine (after spraying has commenced) that work is required on the helispot and/or airstrip, such work shall be carried out at the Contractor's expense.

3.02 Chemicals

The Contractor shall arrange for the necessary herbicide(s), carrier (other than water) and additives to be delivered to the designated area(s) at times specified by the Province.

3.03 Public Information Signs

The Contractor shall, where directed by the Province, post the Public Information Signs (provided by the Province) at the Treatment Unit(s) and along public access routes.

3.04 Equipment - General

a) The Contractor shall, at their own expense, provide the necessary safety equipment for all their employees and agents employed in this Agreement.

b) The Contractor shall ensure that the minimum protective clothing and equipment requirements, as Specified in the Herbicide Field Handbook, are met.

c) Without limiting the generality of paragraph 1.03, the Contractor shall provide suitable (as described in paragraph 3.04 (g) helicopter and/or fixed wing aircraft with spray booms and all support equipment and vehicles necessary for carrying out the Work Specified herein. All spraying equipment must be licenced for the intended use.

d) The Contractor shall obtain the Ministry Representative's approval for the type of mixing equipment to be used for each operating spray aircraft.

e) The Contractor shall supply all of the equipment necessary to establish suitable ground to air communications. The Contractor shall be responsible for maintaining the radio communications throughout the spraying operation.

f) The Contractor shall correct all deficiencies of their aircraft and support equipment so that, prior to delivery for service, the equipment complies with all manufacturer's standards and federal/provincial regulations.

g) The helicopter and/or fixed wing aircraft spraying apparatus shall include the following specific parts and features:

i. loading equipment with an accurate metering device, or the aircraft tank/hopper with a calibration so as to provide a positive measure of the herbicide;

ii. leak proof system with positive shut-off device;

iii. functional quick dump system;

iv. spray boom should be mounted according to helicopter/fixed wing aircraft or boom manufacturer's specifications;

v. unless otherwise specified by the manufacturer and approved by the contract officer, boom lengths shall not exceed 75 percent of the rotor diameter (helicopter) or total wing span (fixed wing);

vi. only nozzles which operate under controllable pressure to the spray boom allowed;

vii. when using a helicopter the nozzles will be distributed evenly along the spray boom except where the spray may hit parts of the aircraft (such as the skids);

viii. when using a fixed wing aircraft, the inboard section of the right hand boom may require additional nozzles to compensate for the propeller effect;

ix. nozzles on the spray boom should be oriented to give the best droplet spectrum for the desired treatment. The angle of the nozzles shall be uniform across the boom.

x. the allowable variation in orifice diameter of spray tip will be as per manufacturer's specifications;

xi. appropriate spray nozzle(s) for the drift control additive Specified for the treatment unit;

xii. a pressure gauge must be mounted in such a location that it may be read from outside the aircraft during calibration operations.

h) Aerial Spray Systems must have an on-board electronic flow meter (e.g. CROP HAWK) for continuous monitoring of the application rate and the amount of herbicide in the spray tank during the application.

ARTICLE 4: THE HERBICIDE

4.01 Transport, Handling and Storage

a) The Contractor is responsible for the safe and secure transport of the herbicide(s) in their possession, and they shall act in accordance with all of the applicable federal and provincial statutes and regulations. The Contractor must comply with the regulations respecting the federal Transport of Dangerous Goods Act.

b) The Contractor shall transport and dispose of unused herbicide spray mixture in accordance with federal and provincial regulations.

c) The Contractor shall deliver to the project area(s) sufficient quantities of herbicide(s) (in factory sealed containers), additives and carrier (except water), as supplied or arranged by the Province, to treat the unit(s) Specified in this Agreement.

d) The Contractor shall provide a means of securing equipment and supplies to prevent unauthorized access to the herbicide(s).

4.02 Mixing

a) The quantities of herbicide(s), additive(s) and carrier to be applied to the Treatment Unit(s) shall be as stated in Schedule B attached hereto and/or in the Pesticide Use Permit. Any changes in the herbicide spray mixture preparation must be authorized in writing by the Ministry Representative prior to the mixing.

b) The Contractor shall ensure that:

i. All herbicide batching and application equipment shall be clean and free from residue prior to any mixing of herbicide;

ii. The water or any other carriers used for the mixing of herbicides must be clean;

iii. The herbicide(s), carrier and drift control additive(s) are combined as needed to ensure proper herbicide mixing in the carrier at all times.

c) Prior to the start of Work, the Contractor and the Ministry Representative shall mutually agree to, and shall put in writing, the specific mixing instructions.

d) The mixing shall be done in location(s) mutually agreed upon by the Contractor and the Ministry Representative, such that any spilled herbicide, oil carrier or additive shall not enter any water source.

e) The Contractor shall use containers that are compatible for the storing and mixing of chemicals (stainless steel, polyethylene, plastic or fibreglass are recommended).

f) To prevent contamination of the water source, the suction hoses used for herbicide(s) or additive(s) shall not be used to pick up water from natural sources such as streams or ponds. The intake of water for mixing shall be protected from backflows into the natural source by an "air gap" or "reservoir" between the source and the mixing tank.

g) Spray tanks and other spray equipment shall not be washed in or near streams, rivers or lakes.

4.03 Wash-up Facilities

a) The Contractor shall provide wash-up facilities for personnel and equipment that are separate from the area where the herbicides are being handled and/or stored.

b) The basic wash-up facilities for personnel shall, at a minimum, include clean water and soap for routine washing of face and hands and for emergency washing of the body.

4.04 Leakage, Spills and Accidents

a) Prior to starting Work, the Contractor will submit to the Ministry Representative a copy of a contingency plan of action in the event of herbicide spills and/or accidents.

b) In the event of a pesticide spill or misapplication into non-target areas (i.e. excluded areas), the Contractor shall:

i. stop operations and immediately implement its Spill Plan; and,

ii. immediately give verbal notice, followed immediately by written notice, to the Province and other parties including the Ministry of Environment.

c) Any leaks and/or spills are the responsibility of the Contractor, and shall be cleaned up and disposed of in accordance with provincial laws and regulations prior to the resumption of spraying. The Ministry Representative shall inspect the Contractor's spill kit prior to the commencement of the project.

d) In the event of a herbicide spill, the Contractor shall immediately give verbal notice to the Ministry Representative and the Ministry of Environment; written notice must promptly follow. Where an aircraft is involved in an accident, the Contractor shall also notify Transport Canada and the Air Operations Section of Wildfire Management Branch (B.C. Ministry of Forests, Lands and Natural Resource Operations).

4.05 Empty Containers

a) The Contractor shall ensure that:

i. empty containers (except “returnable” containers) are triple rinsed with the carrier solution and/or other solutions, as required by the Ministry of Environment (IntegratedPest Management and Waste Management Programs);

ii. triple-rinsed herbicide containers are removed from forest land and disposed of in accordance with existing provincial laws and regulations as administered by the Ministry of Environment (Integrated Pest Management and Waste Management Programs);

iii. empty "returnable" herbicide containers are delivered to the manufacturer's depot designated by Ministry Representative.

b) Notwithstanding any other actions by the Contractor, their obligations under this Agreement are not fulfilled until they have completed the proper rinsing and disposal of waste materials, or have completed the delivery of the "returnable" containers (if any) to the depot designated by the Ministry Representative.

ARTICLE 5: CONDITIONS OF APPLYING THE HERBICIDE

5.01 Conditions of Use

a) Unless otherwise Specified in Schedule C or in the Work Progress Plan, liquid broadcast spraying operations shall be stopped when any of the following conditions exist on the treatment Unit(s). (NOTE: Herbicide label restrictions will take precedence over those listed in this paragraph where those label restrictions are more stringent):

i. wind velocity exceeds 8 km/h or when wind is dead calm;

ii. temperature:

1. exceeds 21°C for application with ester formulated products (e.g., Esteron® 600)

2. exceeds 26.5°C for application with amine formulations (e.g., 2,4-D amine, Vision®);

3. is at or below 0°C for dormant application.

iii. relative humidity (R.H.) is less than 50% (R.H. as low as 40% may be accepted when high volume and large droplet-producing nozzles (e.g., D10-46, Acuflo() are used;

iv. snow or ice covers brush;

v. when vegetation is too wet (from dew or precipitation);

vi. when precipitation is predicted within six hours following herbicide application (exceptions will be discussed at the pre-work conference;

vii. inversion, or air turbulence (e.g. thermal updrafts) is so great as to seriously affect the normal application pattern;

viii. foggy weather;

ix. inadequate daylight for safe application.

b) The Contractor and the Ministry Representative shall, prior to the commencement of the operation, mutually agree upon a visual signal system for emergencies (e.g., smoke bombs, vehicle lights, and flags).

c) The Contractor shall carefully note all buffer zones marked on the maps and photographs and shall restrict the herbicide application to the Treatment Unit(s) Specified in Schedule B.

d) The pilot(s) shall make a pre-spray reconnaissance flight with the Ministry Representative to orient them to the Treatment Unit audits boundaries, buffer zones and sensitive areas.

e) The Contractor and the Ministry Representative shall mutually agree upon the number and direction of flights to be done on each Treatment Unit.

f) The Contractor shall plan helicopter and/or fixed wing ferrying routes between the staging areas and the Treatment Units so as to minimize flights over major aquatic systems and avoid human residences.

g) The Contractor and the Ministry Representative shall mutually determine whether or not the project is of sufficient size as to warrant a guidance aircraft (staffed by a pilot and a navigator).

h) The Contractor shall fit the helicopter and/or fixed wing aircraft with a device for determining wind or air current.

i) The Ministry Representative shall check the calibration of the application system with the Contractor prior to the start of the spray operation, and may also re-check the system during the operation. The delivery rates shall be as Specified by the manufacturer of the application system.

j) The Contractor shall test the spray pattern as part of the calibration process to ensure that the spray droplet distribution across the swath and between the swaths is as uniform as possible. The test run(s) shall use the planned operational air speed, height, swath width, as well as nozzle type, number and placement.

5.02 The Application

a) With conventional spray systems, the application shall be made at an average airspeed of 180 km/h if a fixed wing is used. If a helicopter is used the average speed shall be 72 km/h (maximum 100 km/h) for conventional nozzles and 40km/hr for Accuflo® nozzles. The spray shall be at an altitude that will ensure complete coverage of the vegetation without increasing the risk of drift. The recommended spray height above the vegetation shall not exceed 10 metres. Average air speed for other spray systems shall be as Specified by the manufacturer(s).

b) The allowable range in operating spray pressure at the boom will be 124 to 240 kPa (18 to 35 psi). Operating spray pressure for other spray systems shall be as Specified by the manufacturer(s).

c) The Ministry Representative and the Contractor shall mutually agree to the effective drop size(s) needed for the herbicide application. The Contractor shall adjust the spraying system to produce the required droplet size(s).

d) The amount of spray mixture to be delivered per hectare shall be as stated in Schedule B. The Contractor shall ensure that delivery is made within five percent of the required application rate per hectare and that the maximum application rate allowed by the Pesticide Use Permit or the approved Pest Management Plan is not exceeded.

e) The volume of spray mixture carried per application flight shall not exceed that amount necessary to complete the Treatment Unit.

f) The spray swath to be flown will be the width most effective as demonstrated by the Contractor to the Ministry Representative for each equipment configuration and drift control additive used. Spray shall be continuous and contiguous to give the desired uniform coverage.

g) The Contractor shall maintain ground to air radio communications during all flights. The Contractor shall inform the Ministry Representative immediately if areas outside of the designated Treatment Units were treated. This shall be followed by written notice.

h) The Contractor shall not permit Ministry of Forests, Lands and Natural Resource Operations employees or agents to be in the Contractor's aircraft during spray operations.

ARTICLE 6: STANDARDS OF PERFORMANCE AND WORK PROGRESS

6.01 Work Plan Map

The Province shall provide the Contractor with the applicable operational photographs and maps of the Treatment Unit(s) and Treatment Type(s).

6.02 Work Progress Plan

a) Further to the Work Progress Plan requirements of this Agreement, the Work Progress Plan shall include:

i. the location of the loading sites;

ii. the number and capacity of herbicide delivery trucks and their off-loading requirements;

iii. a schedule of herbicide application to the Treatment Unit(s) as listed in Schedule B;

iv. the location of buffer strips;

v. the human resources to be utilized to complete this Agreement; and

vi. radio frequencies to be used for communications during operations;

vii. the visual signal system to be used for emergencies;

viii. method of controlling public access;

ix. a contingency plan in the event of herbicide spill and/or accident which shall include, but is not limited to:

1. the names and telephone numbers of emergency contacts;

2. a water quality monitoring plan for spills in a water body;

3. the accident clean-up procedures; and

4. disposal of spill materials.

x. other scheduling requirements and conditions as deemed necessary by the Ministry Representative.

b) Unless otherwise authorized in writing by the Ministry Representative, each Treatment Unit must be completed to the satisfaction of the Ministry Representative before the Contractor may commence Work on the next Treatment Unit.

6.03 Detailed Standards

a) In addition to the conditions Specified in this Schedule, the Contractor shall comply with the standards of performance (if any) by Treatment Type and Treatment Unit stipulated in Schedules B and C attached hereto, and in the Work Progress Plan.

b) The Contractor must have on site at all times:

i. a copy of this Agreement;

ii. Material Safety Data Sheet(s) [MSDS] of the chemical(s) being applied;

iii. a copy of a contingency plan of action for chemical spills and/or accidents;

iv. safety plans;

v. proof of insurance needs as Specified in this Agreement; and

vi. a copy of the approved Pest Management Plan or the Pesticide Use Permit(s) of the project area.

ARTICLE 7: INSPECTION AND ACCEPTANCE

7.01 Proper Mixture

a) The Ministry Representative may inspect the mixing site so as to assess whether the herbicide formulation is mixed in the proportions Specified and is in accordance with the procedures stated in this Agreement. Samples may be taken from any or all of the batches for analysis.

7.02 Use of Dye

a) The Contractor shall, as directed by the Ministry Representative, add dye to the spray tank to aid the Ministry Representative in the assessment of the spray deposit.

b) The dye-recovery method (or an equivalent) will be used by the Ministry Representative prior to and, if necessary, during the actual spraying to assess the spray swath, droplet size, droplet distribution and the rate of discharge.

ARTICLE 8: MEASUREMENT AND PAYMENT

8.01 Measurement

a) Deposition of liquid herbicide spray may be assessed by analyzing the size, number and distribution of the herbicide droplets on assessment cards or samplers.

b) The acceptable spray pattern for foliar-applied herbicides in the Treatment Unit(s) shall be as indicated in the Herbicide Field Handbook.

c) Satisfactory distribution of solid herbicides may be assessed by a number of collectors placed in the Treatment Unit(s).

d) The hectares satisfactorily treated and therefore eligible for payment will be determined on the basis of herbicide formulation placed on the Treatment Unit(s) (using the volume rate per hectare of application as the converting factor), provided that the spray mixture is prepared as Specified in Schedule B and the application is made in accordance with the specifications stated herein.

8.02 Payment

a) No payment will be made on the basis of the herbicide formulation or spray mixture that is spilled, or that is incorrectly mixed. The Contractor shall pay for the cost of any spilled or incorrectly mixed chemicals.

b) When it is within the stated conditions of the Pesticide Use Permit(s) or the Pest Management Plan, any excess spray mixture resulting from metering or mixing errors will be generally applied as directed by the Ministry Representative, at the Contractor's expense.

c) If the Contractor applies the herbicide to an area outside of the designated Treatment Unit(s), the Contractor will receive no payment for the unauthorized area(s) treated. The Contractor will be charged for the cost of any chemical used on unauthorized areas.

d) If the Contractor is unable or unwilling to treat any Treatment Unit(s), (or parts thereof) listed in Schedule"B", which the Ministry Representative considers treatable, the Province shall not pay for the untreated portion(s), and further, may reduce the basic payment by the Province’s estimated cost of having another contractor treat the untreated area.

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