HomeMy WebLinkAbout4.07 Caltrans Stormwater Treat
C~lY CLIERK
fl~e # D~[Q][Q]c~1llJ
A.GE~DA STATIEMIE~T
CITY COU~C~l MEETING DATIE Decemlbeu- 4, 2007
SlUBJECT
A 'f'f ACHMENTS
RECOMMlENDATIV :
l
FINANCIAl. ST A 'fEMJEN'f
Approval of Cooperattve Agreement WIth the CalIfornIa State
Department of TransportatIOn (Caltrans) and Budget Change for A
Stormwater Treatment Umts Project
Report Prepared by Mark Lander CIty Engmeer
1
ResolutIOn Approvmg Cooperative Agreement wIth Caltrans,
Includmg ExhibIt "A' , Cooperative Agreement
Budget Change Form
VICInity Map
2
3
3
Approve the Cooperattve Agreement and authorIze the
Mayor to execute saId Agreement,
Approve a Budget Change m the amount of$249,060 funded
from new grant revenue, and
Authonze the city manager to execute a change order under
the Agreement wIth Top Grade construction m an amount
not to exceed $140,142
Under the terms of the Cooperative Agreement, Caltrans will
reimburse the CIty $149,060 for the lllItIal cost of mstallIng the two
treatment umts Caltrans wIll also prOVide the City With funds III
the amount of $100,000, which IS equal to the estimated cost of
mamtammg the treatment umts for 20 years These funds are
reqUired to be deposited In a separate reserve account, and It ]S
anticipated that mterest earmngs, along With these funds will be
used for annual mamtenance
DESCIDP'fUlN Caltrans IS reqUIred to provIde Improvements III conjUnctIOn WIth
State hIghway projects that mItIgate water qualIty Impacts caused by new constructIOn Caltrans and the
San FranCISCo Bay RegIOnal Water Quality Control Board (RegIOnal Board) have developed an In-LIeu
Water QualIty Program Under the program, Caltrans may, on State Highway projects where It IS
phYSIcally or financially Impractical to construct water qualIty measures, mstead fund the constructIOn of
COPY'fO DaVId Yam, Caltrans, DIstnct 4
~--------------------------.~-~------------------------------------------------------------------------------
Page 1 of2
!fa?
G \NPDFS\Caltrans In LieU Water Quality Projects\Agsl Coop Agreement doc
lITEM NO
off sIte water qualIty Improvements that provIde an equal or better level of treatment than would have been
reqUIred for the State hIghway project
Caltrans and the ReglOnal Board have sohclted potentIal projects for this program from local agencIes
through the Alameda County Clean Water Program Caltrans has an ImmedIate need to treat 12 acres of
urban area as m-lIeu mItIgatIon for the State HIghway 84 PIgeon Pass project between LIvermore and
1-680 Staff has reviewed potentIal mItIgatIon sites wIthm the City of Dub 1m and has proposed treatment
of the Dubhn Boulevard/Dougherty Road mtersectlon, whIch IS bemg wIdened and Improved under
Capltallmprovement Program Project No 96852 The treatment area IS slIghtly more than 12 acres, and
consists of two artenal streets servmg over 60,000 vehicles daIly, as well as several heavIly-used
commercIal parkIllg lots Caltrans revIewed thIS proposal and submitted It to the ReglOnal Board for
reVIew The ReglOnal Board approved the sIte as mItIgatIon by letter to Caltrans on August 23,2007
The water quality Improvements wIll conSist of the IllstdllatlOn of two underground hydrodynamic
separator stormwater treatment umts, located on Dublm Boulevard just east of Dublm Court and on
Dougherty Road just north of 1-580 These umts use centnfugal force to separate and screen pollutants
(Illcludmg trash and other floatable matenal, sedIment and particulate matter, and OIl and grease) and trap
the pollutants wIthIll the umt There are no mechanIcal or movmg parts wIthm the umts 011 and grease
removal IS enhanced by addmg a granular or bagged sorbent matenal through the manhole m the roof of
the umt Mamtenance conSIsts ofremovlllg the manhole once or twIce a year and pumpmg out the sump
at the base of the umt where pollutants arc trappcd, the removed matenalIs transported to a wastewater
treatment plant for disposal Mamtenance can be performed from the surface, and confined-space entry by
workers IS not needed The CIty currently has four SImIlar umts m use at other locatIons and has not
expenenced any problems wIth mamtenance
Under the terms of the CooperatIve Agreement, Caltrans will pay for the IllItIal cost ofmstallatlOn, up to
$149,060 for con structlOn, admmIstratI ve overhead and mspectIOn, and mcludes a 10% contmgency
Caltrans WIll also provide an upfront payment of $100,000 to cover the estImated 20-year cost of
mamtammg the umts The annual cost was developed by Staff based on the past cost of maIlltammg
eXlstmg CIty-owned treatment umts The mamtenance costs for these umts wIll be tracked and funded
from the reserves proVIded by the Caltrans Grant Interest eamlllgs wIll be allocated to the desIgnated
reserves and can also be used to fund the ongomg mamtenance
The treatment umts will be Installed under a Change Order to the CIty'S DublIn Boulevard/Dougherty
Road mtersectIOn Improvement project, which IS currently under constructIOn A budget change IS needed
to establIsh the project budget and recogmze the revenue
PartIcipatIOn m Caltrans' Ill-lieu program IS voluntary on the part of the City However, the CIty IS
currently reqUired, per ItS coverage under the 2003 MUniCipal Stormwater PermIt Issued to the Alameda
County Clean Water Program, to mItIgate water quality Impacts from urban storm runoff to the maXImum
extent practIcal, the Dubhn Boulevard/Dougherty Road stormwater treatment project wIll demonstrate
good faIth effort by the City III achIevmg those goals Further, the RegIonal Board WIll Issue a new
stormwater permIt III 2008, the new permIt IS expected to Illclude more speCIfic measures, such as
numencal lImIts on dIscharge of certam pollutants, Implementation of trash reductIon measures, and a
reqlllrement that a mImmum portIOn of an agency's conunercIaI areas receive structural stonnwater
treatment The two treatment umts WIll aSSIst the CIty III meetmg these new permit reqUIrements
Staff reconunends that the City CounCIl 1) approve the CooperatIve Agreement WIth Caltrans and
authonze the Mayor to execute saId Agreement, 2) approve the budget change m the amount of $249,060
funded from new grant revenue, and 3) authonze the CIty Manager to execute a change order under the
Agreement WIth Top Grade ConstructIon III an amount not to exceed $140,142
Page 2 of2
'~IO
RESOLUTION NO - 07
A RESOLUTION OF THE CITY COUNCIl.
OF THE CITY OJF DUBl.IN
*********
APPROVING COOPERA'fIVE AGREEMENT BETWEEN THE CITY OF DUBLIN (CiTY) AND
STATE OF CAlLI FORNlfA DEPARTMEN'f OJF TRANSPORTA'fIlON (CAILTRANS) FOR
DUBl.IN BOUl.EV ARID/DOUGHERTY ROAD STORMW A 'fER TREA 'fMENT AND BUDGET
CHANGE FOR DUBLIN BOULEV ARIDIDOUGHERTY ROAD ell' PROJECT 96852
WHEREAS, the State of CalifornIa Department of TransportatIOn (Caltrans) IS constructmg a
roadway realignment project on State Route 84 m Alameda County, and
WHEREAS, the San FrancIsco Bay RegIOnal Water Control Board (RegIOnal Board) has reqUIred
Caltrans to provIde mlt]gatIon for Impacts to water quality due to the constructIOn of State Route 84, and
WHERJEAS, the State and RegIOnal Board have agreed that Caltrans can provIde a portIOn of the
mitigatIOn through the mstallatIOn and mamtenance of two stormwater treatment umts at the mtersectIOn
of Dubhn Boulevard and Dougherty Road, and
WHERlEAS, the CIty Illtends to Illstall the treatment umts III conjUnctIOn with lmprovements
under constructIOn to the mtersectIOn of DublIn Boulevard/Dougherty Road, CapItal Improvement
Program Project 96852, and
WHEREAS, Caltrans has prepared DIstnct Agreement No 4-2182 (CooperatIve Agreement),
under WhICh the City will agree to Illstall and mamtam the treatment umts and Caltrans Will agree to
reimburse the City for these costs III an amount not to exceed $249,060,
NOW, 'fHEREFORE, BE IT RESOILVED that the CIty Council of the City of Dublm does
hereby approve the CooperatIve Agreement between Caltrans and the CIty of Dublin
BE IT ]F'URTHER RESOLVED that the Mayor IS authonzed to execute the agreement, attached
hereto as ExhIbit "A"
BE I'f FURTHER RESOLVED that the City Clerk of the CIty of Dublm IS hereby dIrected to
transmit a certIfied copy of thIS ResolutIOn, together wIth duplIcate executed caples of the Cooperative
Agreement, to Caltrans for approval and processmg
PASSED, APPROVED AND ADOP'fED thIS 4th day of December, 2007
AYES
NOES
ABSENT
ABSTAIN
ATTESl
CIty Clerk
~ayor / _
:r~vYf# 4 'f7 1 '"V/4/07 ~
· [J 1m IJrnOO~m~IT L
ES
04-Ala 84 PM 207/230
Pigeon Pass Storm Water MlttgatlOn
04108-172441
Dlstnct Agreement No 4-2182
2- ca) /v
COOPERATIVE AGREEMENT
THIS AGREEMENT, ENTERED INTO EFFECTIVE on 2007
IS between the STATE OF CALIFORNIA, actmg by and through ItS Department of
TransportatlOn, referred to herem as "STATE," and the
CITY 0 F DUBLIN, a body polItte and a
mumclpal corporatlOn of the State of
CalIforma, referred to herem as "CITY"
RECITALS
1 STATE and CITY, pursuant to Streets and Highways Code sectlOn 114, are authonzed
to enter mto thiS Agreement
2 STATE IS constructmg the realIgnment and wldenmg of Route 84
3 As part of the Fmal EnVlronmental Assessment/Fmal EnVlronmental Impact Report,
dated December 2003 mlttgatlOn IS reqUlred for Impacts to salmomds and their
habItat STATE has consulted wIth CITY and the RegIonal Water Qualtty Control
Board (RWQCB)
4 Pursuant to that consultatlOn and as set forth m Article 14, Post- construction
stormwater management' page 6 of RWQCB Order No R2-2006-0033 (PIgeon Pass)
the RWQCB , dated May 18, 2006, STATE WIll mItIgate for Impacts due to
constructIon In addltlOn, the RWQCB has outhned addItIonal reqUIrements that are
referenced m ExhIbIt A The RWQCB Order (ArtIcle 14) and Exhibit A are referred to
herem as "MITIGATION REQUIREMENTS" WhICh by thIS reference IS mcorporated
herem
5 STATE as confirmed by RWQCB m a letter dated 08/23/07, attached hereto as
ExhIbIt A can mItigate a portlOn of said Impacts by contnbutmg funds to CITY for
stormwater treatment lmprovements at the Dublm Dougherty mterchange m the CIty
of Du blm
6 CITY deSires to aSSIst STATE m satIsfymg STATE's MITIGATION REQUIREMENTS by
acceptmg said funds and usmg those said funds for mstallmg 2 strom water
treatment umts to treat approXimately 122 acres of stormwater runoff from
Impervtous roadway surfaces and to perform mamtenance of saId treatment umts for
a penod no less than 20 years, referred to herem as "PROJECT "
7 The partIes now mtend to define the terms and condItions under which STATE WIll
fund a portlOn of CITY s PROJECT and CITY Will thereby Implement sald PROJECT to
sabsfy STATE's MITIGATION REQUIREMENTS
1
mIll~o
To the ResolutIon
D..tnet Agreement No 4 ~82~ / D
SECTION I
CITY AGREES
1 To satIsfy a portIon of the STATE"s MITIGATION REQUIREMENTS by Implementmg
the PROJECT as descnbed m attached ExhIbit B
2 To submIt an mVOlce to STATE, wlthm thirty (30) days of executIOn of thiS Agreement,
m the amount of $249,06000, whIch amount represents STATE's one-time lump sum
payment towards the costs to Implement PROJECT
3 To submIt venficatIOn to STATE Wlthm (30) days of receipt of payment that $100,000
of the cost to Implement the project funds be held m an lOterest beanng account for
mamtenance actIVItIes only
4 To use all of STATE funds receIved pursuant to thIS Agreement on only those qualIfied
act1V1tIes m the PROJECT that Will satIsfy STATE's MITIGATION REQUIREMENTS
5 CITY shall prOVIde STATE WIth all necessary reports, plans, and other documents for
PROJECT for submISSIOn and reVIew by the RWQCB as apphcable CITY agrees to
make any necessary changes to PROJECT that are reqUired by RWQCB to satisfy
STATE's MITIGATION REQUIREMENTS
6 To nohfy STATE 10 wntmg five (5} days pnor to the constructIOn start date of
PROJECT
7 To notIfy STATE 10 wntmg and obtam STATE's and RWQCB's concurrence pnor to
makmg changes to PROJECT that deViate from the deSIgn preVIously approved
pursuant to ArtIcle 4 above, mc1udmg changes that may affect the locatIOn of said
PROJECT
8 To obtam RWQCB's wntten acceptance upon completIon of PROJECT constructIOn
CITY shall prOVIde a copy of that saId acceptance to STATE
9 To retam all books documents papers accountmg records and other eVIdence
pertammg to costs mcurred, mc1udmg support data for cost proposals, and to make
such matenals aVaIlable at the respectIve offices of CITY at all reasonable tImes
dunng the constructIOn of PROJECT and for three (3) years from the termmatIOn date
of thIS Agreement or completIOn, whIchever IS earlIer STATE, or any duly authonzed
representatIve of the Federal govemment shall have access to all books, records, and
documents of CITY relatmg to the ImplementatIOn of PROJECT for audIts,
exammatIOns, excerpts, and transactIOns, and caples thereof shall be furmshed If
requested
SECTION II
STATE AGREES
1 To prOVIde CITY WIth a copy of PERMIT and LETTER and to subsequently notify and
proVIde copies of all subsequent amendments thereto, or correspondence, If any,
which may affect PROJECT
2
4'~ 10
DIstnct Agreement No 4 2182
2 To deposit wIth CITY wlthm thirty (30) days of receIpt of CITY's sIgned mVOlce the
amount of $249,060 which represents STATE's lump sum financIal obhgatlon for
PROJECT
3 Upon receIpt of all PROJECT reports, plans and other documents submltted by CITY,
to reVIew, comment and, forward to RWQCB wlthm thIrty (30) days
SECTION III
IT IS MUTUALLY AGREED
1 STATE's contractual obligatIOns are subject to the annual State Budget Act authOrIty
the appropnatlOn of adequate resources by the LegIslature, and the aIlocatlOn of
reqUIred funds by the CalIfornIa Transportation CommIsSIOn
2 All applicable laws, rules and poliCIes relating to the use of Federal or State funds
shall apply no1:w1thstandmg other proVISIOns of thIS Agreement
3 CITY shall allow representatives of STATE and RWQCB access to the locatIOn of the
PROJECT for the purpose of verIficatIOn and mOnItorIng of perfonnance of PROJECT
4 CITY agrees to ensure that the PROJECT IS mamtamed, operated and managed to all
applIcable CITY and RWQCB standards after completIOn of SaId PROJECT
5 NeIther CITY nor any officer or employee thereof IS responsible for any InJury, damage
or lIabIlity occurnng by reason of anything done or omitted to be done by STATE
under or m connectIOn With any work, authonty or JunsdIchon conferred upon STATE
and ansmg under thiS Agreement It IS understood and agreed that STATE shall fully
defend, mdemnIfy and save harmless CITY and all ItS officers and employees from all
claIms, SUItS or actIOns of every name, kmd and descnptlOn brought forth under,
mcludmg, but not hmlted to, tortIOUS, contractual, mverse condemnatIOn and other
theones or assertions of habthty occurnng by reason of anythmg done or omItted to
be done by STATE under thIS Agreement
6 Neither STATE nor any officer or employee thereof IS responsIble for any inJury,
damage or lIablltty occurrIng by reason of anythmg done or omItted to be done by
CITY under or m connectIOn WIth any work, authOrIty or Junsdlctton conferred upon
CITY and ansmg under thIS Agreement It IS understood and agreed that CITY shall
fully defend, mdemnIfy and save harmless STATE and all ItS officers and employees
from all claIms, SUIts or actlOns of every name, kmd and descnptIOn brought forth
under, mcludmg, but not hmlted to, torttous, contractual, mverse condemnatton and
other theones or assertIOns of habIhty occurrmg by reason of anythmg done or
omItted to be done by CITY under thiS Agreement
7 No alteratIOn or vanatlOn of the tenns of thiS Agreement shall be valid unless made by
a fonnal amendment executed by the parties hereto and no oral understandmg or
agreement not mcorporated herem shall be bmdmg on any of the parties hereto
3
5~/O
Dlstnct Agreement No 4-2182
8 ThIS Agreement shall termmate upon the completion of the PROJECT to the
satisfactIOn of RWQCB, or on August 23, 2008, whichever IS earher m time However,
the mdemmficatIOn, audIt and mamtenance clauses shall remaIn In effect untIl
termmated or modIfied, m wntIng by the parties
STATE OF CALIFORNIA
Department of Transportation
CITY OF DUBLIN
WILL KEMPTON
DIrector
By
City Mayor
By
Depu ty Dlstnct Director
Approved as to form and procedure
Approved as to form
Attorney
Department of TransportatIOn
Attorney
CertIfied as to budgetIng of funds
Distnct Budget Manager
Certified as to financial terms and
condItIons
AccountIng Admmlstrator
4
~
C3\llD.foJrnnna lRegnoilllsi Water Q1illa~ft1ty COlI1ltroli Board
San JFran.cnsco Bay Region
Uada So Ada....
J!grncy Sur<Wy
1515 Clay Street, SUlle 1400 Oakland Cahfornla 94612
(510) 6222300 Fax (5]0) 6222460
hnpJlwww waterboard. ca gOV/sanfranCl'CObay
Date AUli ~ 3 2007
FIle No 2199 9457 i'R'T'))
SIte No 02~01-C08M-Y
Order No R2~2006-0033
CahfoIIlla Department ofTransportatIOD
Attn Mr David Yam
POBox 23660
Oakland, CA 94623-0660
Subject Post-Construction Stormwater Treatment ReqUirements for the Pigeon Pass State
Route 84 RealIgnment ProJect, Alameda County
Department Project EA No 04-172404
Dear Mr Yam
ThIS letter affirms our understandIng with the CalIfornIa Department ofTransportahon
(Department) and the Department's efforts to comply With ProvIsIons C 11 and C 12 of the
Waste Discharge ReqUirements (Order No R2-2006-0033) for the PIgeon Pass State Route 84
Realignment Project (proJ ect) ProVIsIOn C 11 essenhally requires the Department to treat
stonnwater runoff from new and reworked lmpervlOus areas assocIated with the Project, and
PrOVISion C 12 allows the Department to propose off-Site "alternate" treatment to comply With
ProVISIOn C 11
The Department has proposed an alternate stormwater treatment project (proposal) m
coordmatIon With the CIty of Dub 1m that would treat stormwater runoff from urbamzed
ImpervIOUS areas Contmgent upon Implementatton of the followmg proposal surrunary, the San
FranCISCo Bay RegIOnal Water Quahty Board mtends to apply 12 16 acres of impervIOus area
stormwater treatment credIt towards the treatment reqUIrements of the Plgeon Pass Project
~The prOject will Install two (2) CDS Technologies HydrodynamiC Stormwater Separator
Units In the VICinity of the Dubhn Boulevardl Dougherty Road Intersection The first Unit Will
be a Madel PMSU20-25 UM located In the Caltrans Park and Ride Lot on the east Side
of Dougherty Road between Dublin Boulevard and the [-580 westbound offramps The
umt Will be retrofitted onto an eXIsting 48~ storm drain pipe draining a tributary area of
8 89 acres With a deSign 15-year flow of 10 cfs The unl! Will be deSigned to treat a flow
rale of 1 51 cfs based on a ramfallmtenslty of 0 2~Jhour The second Unit Will be a Model
PMSU20-15 UM, localed on the south Side of Dublin Boulevard between Dublin Court
and Dougherty Road The unit WIll be retrofitted onto an eXlstmg 24~ storm drain pipe,
Preservmg enhancmg and restormg the San FranCISco Bay Area s waters for oller 50 years
~j Recycled Pl1per
b
....DOId Scbw:o.r=oeu.'
Govenwr
EXHIBIT "A" TO THE AGREEMENT
l'~)V
Mr DaVId Yam
Cahforma Depaft\nent of Transportat!on
.2~
Pigeon Pass Post-Construct\on Stormwater
Trealrnent Requuements
draining a tnbutary area of 3 27 acres with a 15 year design flow of 4 37 cfs The umt will
be designed 10 treal a flow rate of 0 50 cfs based on a ramfalllntenslly of 0 2~/hour n
The abovementIOned swIrl seperator deVIces will also be eqUIpped wIth all sorbent matenals to
proVIde addlbonal pollutant removal capacity The devIces must be mamtamed m perpetUIty to
provide effectIve removal of trash, suspended solIds and petroleum-based pollutants
If you have any questlons or comments, please contact Brendan Thompson of my stafIVla e-mall
to BThomoson@Waterboards ca gov, or at (510) 622~2506
Smcerely,
Shm-Roel Lee
Chief, South Bay Watershed
cc Mr Keith Llchten, Water Board
Mr Mark Lander, City ofDuhlm 100 ClVlC Plaza Dublm, CA 94568
Preservmg enhancmg and restonng the San FrancISCO Bay Area s waters for over 50 years
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EXHIBIT "B" TO THE AGREEMENT
ClfTY OF [IllUBLlfN
BUDGE'f CHANGE FORM
CfoJ 10
CHANGF FORM #
New AppropriatIOns (City Council Approval ReqUIred)
Budget Tran.,fcrs
horn Unappropnated Reserves
From Budgeted Contmgent Reserve (l080 799000)
Wlthm Same Department ActIVIty
Between Departments (City Council Approval ReqUired)
Other
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~_ From New Revenues - CalTrans Grant
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i}DEC~EWSRBUQG~NG~@UN~ ~Al!YI~", r8ffl '4 I.D!CREA'8~~tiJJ!}jDGEiI! I\:Cco.J)~;r )~ U~ % AiN1Ji)(flNT - I
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Name General Fund - REVENUE -
INTERGOVERNMENTAL - STATE- $ 149,060
STORMWATER PROJECT GRANT
Account # DOl 555 022
Name General Fund - RE V ENU E
INTERGOVERNM bNT AL - STATE-
MArNTENANCE RESERVE GRAN1 $ 100,000
Account iG' 001 555 022
Name General Fund - Expenditure (NEW
elP) Stonnwdtcr Treatment Unlts-
Improvcmenb $ 140142
Account # 00] 9685') 750050
Name Gener.!1 Fund - ExpendIture (NEW
CIP) <;;toilllwatcr Treatment Umts - Contract
Services Construction AdmmlStratlon $ 8918
Account It 00] 96853 750 0)0
Fm Mgr/ASD
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Signature
Date h/2T/O"!-
REASON FOR BUDGET CHANGE ENTRY CalTrans has provIded fundmg for a project as part of a
CooperatIve Agreement to construct and mdIlltam Stormwater Treatment Umts III the vIcmIty of the Dublm 1
Dougherty Intersechon The Grant wIll provlde the City WIth $149,060 to construct the Improvements It 1<>
proposed to have the work completed as a change order to road work currently beIllg performed by Top
Grade ConstructIOn as part of Project 96582 - Dublm 1 Dougherty Road IntersectIOn Improvements A new
CIP IS proposed for thIS work III order to capture the costs III a separate project number
In addltlOn to the constmchon costs, CalTrans WIll provlde $100,000 than WIll be Reserved lllthe General
Fund Along With mterest allocated to these funds, they will be aVaIlable to cover the cost of annudl
mamtenance of the Stormwater Treatment Umts for a penod of no less than 20 years
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Slgnature
As Approved at the CIty Counctl Meetmg on
CIty Manager
Date
1\ I dll~ry
,
Date
12/4/2007
Mayor
Date
SIgnature
Posted By
Date
Slgnature
ATTACHMENT # 2
]< \Agenda\] 2_ 4_BUDGCHNG _ 5 lomlwater DOC(ran km)
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