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HomeMy WebLinkAboutRES.272.09-08-1987 BILL N0. �7-158 RESOLUTION N0. A RESOLUTION AUTHORI7ING THE CITY MANAGER TO ENTER INTO A PAVING CONTRACT WITH THIELE CONCRETE CONTRACTORS , INC;. FOR PAVING MFLROSE AVENUE FROM GRANDVIEW TO DELWIN BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI , AS FOLLOWS: SECTION 1 . The City Manager on behalf of the City of Cape Girardeau , Missouri , is hereby authorized to enter into a Paving Contract with Thiele Concrete Contractors , Inc . for paving Melrose Avenue from the Center Line of Grandview south to the West Edge of Del�vin Street for a distance of 850 feet . A copy of said Contract is attached to this resolution and made a part hereof . PASSED AND ADOPTED THIS �� DAY OF , 1987 . � � _ � �" - Francis E. Rho es, P9ayor ATTEST : � � . Alvin M. St verin , City Clerk PAVING CONTRACT T}iis Contract made and entered into this day of , 1987 , by and between the City of Cape Girardeau, Missouri , a Municipal Corporation, acting by and through its City Manager , as authorized by the City Council , hereinafter called the "City", and Thiele Concrete Contractors , Inc. , a Missouri Corporation, authorized to do business in Missouri , hereinafter called the "Contractor" ; WITNESSETH : 1 . DESCRIPTION OF WORK . Contr�ctor , for and in consideration of the payments to be made as hereinafter provided , hereby agrees at his own expense, to perform all of the labor and services , and to furnish all of the materials and equipment necessary to complete this contract in accordance with the terms , conditions and provisions thereof, and the general and detailed specifications, which are hereto attached and made a part of this Contract . The work of the improvement to be made is that necessary for the improvement of Melrose Avenue from the Center Line of Grandview south to the West Edge of Delwin Street for a distance of 850 feet, by grading to the established grade and constructing thereon a Portland Cement Concrete Pavement , G inches thick and 30 feet in width between the back of 6 inch integral Portland Cement Concrete integral curbs and gutters, except at the various intersecting streets, where the pavement shall be constructed as shown on the plans , together with necessary pipe and inlets for removal of storm water , all as shown on the plans on file in the Office of the City Clerk of the City of Cape Girardeau, Missouri . 2 . PAYMENT. Payment for said improvement shall be made at the unit price bid per unit by the Contractor , as set out in his proposal , which is attached hereto and made a part hereof , and shall be full compensation for furnishing said pavement, complete in place , including all labor , equipment, materials , accessories and incidentals . The estimated total payment is Sixty-Four Thousand Two Hundred Eleven Dollars and Five Cents (�64 , 211 .05) . Payment to the Contractor shall be made from the general revenue of the City with monthly estimates to be made to the Contractor for work completed, less ten per cent ( 10� ) retainage . Final payment to be made within ten ( 10 ) days of final acceptance of the work by the City Council . It is hereby stipulated and agreed that the total amount to be so paid to the Contractor shall be the total amount of the items of work in place at the unit price bid per item. � 3. CONTRACT TIME-LIQUIDATED DAMAGES-EXTENSION OF TIME. The Contractor hereby agrees to begin said work and improvement not later than ten (10 ) days after the execution of this contract and hereby agrees to complete the same not later than one-hundred (100) working days from said date . Time of completion is of the essence of this contract and stiould the Contractor fail to complete the work within the number of days as set out above, it is mutually understood and agreed between the parties hereto that considerable damage will be sustained by the City, but that it will be difficult, if not impossi}�le for the City to establish either the full extent or the amount of damage under the ordinary rules of evidence . It is therefore understood and agreed by and between the parties hereto that the payment by the Contractor to the City of the sum of One Hundred Dollars (�100 . 00) per day for every day, except Sundays and holidays , the contractor fails to complete the work to be done under this contract shall be paid to the City, as liquidated damages which the City will suffer by reason of the default , and not by way of a penalty. The time of completion as above set out shall determine the date after which liquidated damages shall begin . In the event the City Council should pass a resolution extending the time in which the work shall be completed, such extension of time shall not void the provisions for the assessrnent of liquidated damages above descri'c�ed . The City Council , may however , for good cause shown , such as unfavorable weather , material shortages , strikes, war , an Act of God , or similar cause , waive the provisions for liquidated damages and set a new date of completion, which date shall govern the time wtien liquidated damages shall begin . 4 . APPROVAL OF THE 4JORK AND COMPLETION OF CONTRACT. The Contractor , upon the completion of said work and improvement, shall notify the City Engineer of such fact . The City Engineer and the City Manager shall thereupon inspect said work and make a written report to the City Council , and the City hereby agrees that upon the approval of said report, and provided said work is completed in accordance with the terms of this contract , it will make payment to the Contractor as hereinbefore provided . 5 . CONTRACT DOCUMENTS . It is agreed between the Parties to this contract that the plans, specifications , both general and detailed, the standard specifications approved and adopted by the City Council and on file in the Office of the City Clerk , and all resolutions and ordinances and proceedings by the City Council pertaining in any detail whatsoever to the work included under this contract , including the proposal submitted by the Contractor to the City � Council sha11 be and constitute integral parts of this contract as though set out in words and figures herein . 6 . INUEMNITY TO CITY. Contractor agrees to file with the City prior to the commencement of the work , a certificate of insurance naming the City as a co-insured, showing that the Contractor has in force for a period equal to the period of this contract a policy of general liability insurance insuring the Contractor against liability for personal injuries arising out of the contract in a minimum amount of �100 ,000 . 00 for injury to any one person and $800 ,000 . 00 for injuries received in any one accident and for property damage arising out of the contract in the minimum amount of $100 ,000 . 00 ; and the Contractor hereby binds himself to indemnify and save harmless the City of Cape Girardeau from all claims , damages , suits and actions of every name and description brought against the said City for or on account of any injuries or damages received or sustained by any parties or party by or from the acts of the Contractor , or his servants or agents , in doing the work herein contracted for , or by or in consequence of any negligence in guarding the same, or on account of any improper materials being used in construction, or by or on account of any act or omission of the Contractor , or his servants or agents . 7 . CONTRACTOR ' S SURETY. The Contractor agrees to file with the City a bond with corporate surety for the faithful performance of this contract in an amount equal to the total contract price, and with such surety as will be satisfactory to the City. 8 . PREVAILING WAGES . Contractor hereby agrees that he will pay all workmen performing under this Contract an hourly rate of wages which is not less than the Prevailing Hourly Rate of Wages as determined by the Department of Labor and Industrial Relations in �Jage Determination No . 7-016-045 as attached hereto and incorporated by reference as a part oE this Contract . Contractor agrees that he will comply with the provisions of the Prevailing Wage Law . The Contractor hereby agrees that he will forfeit to the City as penalty, the sum of Ten Dollars (�10 .00) for each workman employed , for each calendar day, or a portion th ereof, for which such workman is paid less than the stipulated rates as determined by the Department of Labor and Industrial Relations in the wage determination for any work done under this contract, by him, or any subcontractor under him. The Contractor agrees that he will not contract with any Subcontractor who is prohibited by the provisions of the Prevailing ��age Law from working on a Public Works contract . 1 The Contractor hereby agrees that the City can withhold payments under the terms of this Contract for any sums and amounts due and owing as a result of any violation of the Prevailing Wage Law . 9 . NO WAIVER OF FUTURE BREACH. The failure of either Party to insist, in any one or more instances , on a strict performance of any of the terms or the conditions of this agreement, or to exercise any right herein contained, shall not be construed as a future waiver or a relinquishment of said rights , terms or conditions , but the same shall continue and remain in full force and effect . None of the terms or conditions of this Agreement shall be altered, waived, modified or abandoned in any manner except by written instrument executed by both parties . 10 . PARTI ES BOUND. This contract is binding upon the Parties hereto and their successors and assigns . IN WITNESS WHEREOF, the City of Cape Girardeau , Missouri , has caused this agreement to be signed by its City Manager and attested by its City Clerk , with the corporate seal of the City and Thi�le Concrete Contractors, Inc. has hereto by and through its authorized representative, affixed its name the day and year first above written . CITY OF CAPE GIRARDEAU, MISSOURI ATTEST: Gary A. Eide , City Manager Alvin M. Stoverink , City Clerk THIELE CONCRETE CONTRACTORS, INC. Steve Thiele „ President ATTEST : [ Typed Name & Title of Signer . • � � �. PROPOSAL (Payment By City Dlrectly To Contractor - No Tax Bills Issued To Contractor) C�pe Girardeau, Mtssouri S Lk. �1 , i ye� PROPOSAL FOR THE IMPROVEMENT OF MELROSE AVENUE FROM THE CENTER LINE OF GRANDVIEW DRIVE SOUTH TO THE WEST EDGE OF DELWIN STREET FOR A DISTANCE OF 850 FEET To the Honorable Mayor and Council of the City of Cape Girardeau, Missouri Gentlemen: In response to the advertisement of your City Clerk, published in the Southeast Missourian. calling for bids for the improvement of Meirose Avenue from the center line of Grandview Drive south to the west edge of Delwin Street for a distance of 850 feet, the undersigned hereby proposes to furnish all labnr, material , and equipment and all else necessary to begin work within ten ( 10) days after the award of the contract, and to complete the work in �G� working days, and in accordance with the laws and ordinances pertaining to the work, for the following unit prices : Unit Unit Cost Cost la. Excavation. including all _ 6 � cuts and filis. 2390 C.Y. $ .� $ � . v lb. Excavation. including all cuts and fills. 2480 C.Y. $ $ ' 2a. P.C. Concrete Pavement, 6 inches thlck. 2839 S.Y. $ � $ � OI?. ZJ `'�` 2b. Asphaltic Cement Pavement, 7 i nches th i ck. 2839 5.Y. $ "'—� __ $ '—"'—' 3a. 6 i nch upr i ght i ntegra l curb. 1562 L.F. $ 2, � � $ 3�(�G `'�` 3b. Separate 6 inch upright concrete curb. 1562 L .F. $ "'--_ $ '--� 4. 4' X 4' ,junction box. 1 Each $ j-�o. �� $ �3cc. �=' •'` � �''. PROPOSAL Melrose Avenue Page 2 5. Double Inlet, complete in c ��- place. 3 Each � � .��� $ ���c" ' J i e�- 6. Concrete remova 1 . 53 S.Y. $ 5^�� $ 3 I � ' 7. Asphalt removal . 75 S.Y. $ �. �v $ _ ( G. �: �� 8. 24" re i nforced concrete p i pe, c :, c t C K- ASTM, C 76, Class I I . 149 L .F . $ ��. " $ a`�..�' �� � — � 9. 24" f 1 ared end sect 1 on. 1 Each $ ,�G'G. �= $ �S L�c�• �� �'`" 10. 15" reinforced concrete pipe. � < <,�. � c_ .. e ASTM, C 76. Class II . 30 L.F. $ /�. � �� O� — 11 . 18" reinforced concrete pipe, �► .. . N= �,c ASTM. C 76, Class I I . 30 L.F. $ l7` — $ � �U `" c c. o►� 12. Seed and straw. . 4 Acre $ �t. ' $ �OG — - TOTAL $�`/ �� �. p� or� Items la, 2a, 3a, 4, 5, 6, 7, 8, 9, 10, I1 , and 12 are to be bid for concrete. Items Ib, 2b, 3b, 4, 5, 6, 7, 8, 9. 10, 11 , and 12 are to be bid for asphalt alternate. 1 have enclosed herewith a certlfied check or bid bond in the amount of five percent (57.) of the bid, payable to the City of Cape Girardeau, Missouri . as a guarantee that 1 will , if awarded the contract, in ten ( 10) days enter into contract and execute a bond as provided for by Ordinance for an amount equal to the amount of the above bid and upon completion af the work and its acceptance by the City, will accept payment from the General Revenue Fund of the City of Cape Girardeau or from Federal Revenue Sharing Funds of the City of Cape Girardea�. The undersigned hereby agrees to do the work in conformity with current Standard Specifications for Street and Sewer Improvements. special provisions, and all ordinances of the City pertaining thereto, including the payment of all labor at the scale of wages as required by law and ordinances. � J PROPOSAL Melrose Avenue Page 3 The contractor hereby states that he has not been convicted of a violation of the Prevailing Wage Law and is not prohibited from contracting with the City of Cape Girardeau for the construction of this public works pro,�ect under such Prevailing Wage Law. F 7 � �7�.k�.�(.� c • ����'J���f //1 ti Il l�;��i ti 1'!'Y COI�I'(113.�'i'l l l�i. 1 � Bond N220218 (a Stock Company, organized under the 13ws of V'lisconsinj BID BOND KNOW ALL MEN BY THESE PRESENTS, That we, Thiele Concrete Construction, Inc. 324 Hillview (hereinafter called Cape Girardeau MO 63701 the "Principa�"), as Principal, and t}�e Capitol Indemniry Corporation of Nl�ic ison, Wisconsin a corpora- tion duly organized under the laws oF the Stare oF Wisconsin fhereinafter called the "$urety"), as5�rety, are held and Firmly bound unto City of Girardeau, MO . (hei.���nafter called the "Obligee"), in the sum of Five percent of amount bid---------------------- Doliars (b5� of amt. bid), for the payment of which sum well and truly to be m�de, the said Principal and rhe said $urety, bind our- selves, our heirs, executors, administrators, successors arid assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal I�as subrr�it�ed a bid for improvement of Melrose Ave. from the center line of Grandview Dr. south to the west edge of Delwin St. NOW,THEREFORE, if the Obliqee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with ►he terms oFsuch bid, and give such bond or bonds as may be specified in �hebidding orContractDocuments with good and suffici4nt surely for the faithful perform- ance of svch Contrac�and for the prompt payment of labor and material furnished in the prosecu!ion there- of, or in the event of the Failure of the Principal to enter suchContract and give s�ch bond or bonds, if the?rincipal shallpay to the Obligeethe difference not to exceed th� ner.alty hereof beh�veenthe amoun� specified in said bid and sur.h larger amount for which the Obligee rne:y in good faith contract with an- other party to perform theWork covered by said bid, then this ooliget�on shall be null and void, other- wise to remain in full force and effect. Signed and sealed this 4th day of August A.D. 1S$7 Thiele.Concrete_C _._struction,�.��._ (SEAL) � �r Witness� � __-� " �.i..._. __.t,l� _($EAL) �21�a---.__ �+�-t-�-_ ---(Principal) __ .��2:.,�_�t.-f----------- (Title) CAPITOL INDEMNITY CORPORtiTION a Wisconsin Corporation, ($urety) n ¢ ` � ` �1 (� �/.��, � � � ' � `/� (SEAL) Witness /�C 1`l—�j�.� Xl-LL{.�X.. By: �S._(-U(-(�L��.�_`�,—c.sC.��' - '��� ---"----� - � Bnrbara J. Lemm, Att rney-in-Fact ----------------------—----�T i r l e)-— n.n uohn AU UOC. A710 hL6HU��KY ll?u LU• . i . o INDEMNITY CORPORATION 0 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, That the CAPITOL INDEMNIN CORPORATION, a corporo�ion oF the State of Wisconsin, hoving irs principal ofFices in the City of Madison, Wisconsin, does make, constitute and appoi�t KOBERT A. SODERLAND, DENNIS W. LUTZ, THOMAS R. WELSCH, GARY L. LACK, BARBARA J. LEMM, -----------GARY E. BRADLEY, OR LINDA K. MOORE-------------------' its true ond lawfvl Attorney(s)-in-Fact, to make, execute, seal ond deliver for and on its behalf, as surety, and as its oct and deed, any and all bonds, undertakings ond contracts of suretyship, provided that no bond or undertaking or contract of svreryship executed under this authority shall exceed in amount the sum of --------------------NOT TO EXCEED $500,000.00--------------------------------------- This Power of Attorney is granted and is signed ond sealed by facsimile under and bythe authority of the follow- ing Resolution adopted by the Boardof Directors oF CAPITOL lNDEMNITY CORPORATION at a meeting dulycalied and held on the Sth day of May, 1960: "RESOLVED, that the Presidenf, any Vice-President, the Secretary or Treasurer, octing individually or ofher- wise, be and they hereby are granted the power and authorizafion to appoint by a Power of Attorney for the purposes only of executing and attesting bonds and undertokings, and other writi�gs obligatory in the na�ure thereof, one or more residen� vice-presidents, ossisrant secretaries and attorney(s)-in-fr.ct, each appointee to have the powers and duties usual to such of- fices to the business oF this company; the signature oF such officers and seol of the Compony may be affixed to anysuch power of attorney or to onycertificate relating thereto by Focsimile,ond anysuch power ef ottorneyor certiFicate beoring such foc- simile siynarures or focsimile seal shall be valid and binding upon the Company, and any such power so executed and certi- fied by Facsimile signat�res and focsimile seal shall be volid ond binding upon the Company in the f�ture with respect to any bond or �ndertoking or other writing obligatory in the nature thereoF to which it is attached. Any such appoiniment moy be revoked, for cause, or withovt cause, by any of said officers, at any time." IN WITNESS WHEREOF, The CAPITOL INDEMNITY CORPORATION has caused these presents to be signed by i�s officer undersigned and its corporote seal to be affixed duly attested by its Secretary, this 1 st day of August, 1973. Aftest: /,/�/� .,,.��.,,,'_ � �:�,,,,,,,,: CAPIT NDEMNIT CO ATI N , ,�,� A . : $ecrefaryl ''� � S.TATE OF WISCONS f� President ) S5, COUNTY OF DANE ) On the 1 st day of Aug�st, A. D., 1973, before me personally came George A. Fait, to me known who being by me duly sworn, did depose ond say: that he resides in the Counfy of Done, State of Wisconsin; that he is fhe President of CAPITOL INDEMNITY CORPORATION, the corporation described in and which executed the above instrument; thoT he knows the seal of the soid corporation; that the seal affixed to said instrument is such corporate seal; thui it was so affixed by order of the Board of Directors of said corporation and thal he signed his name theretoby like order. :��, �� .� �uin : �nuc • STATE OF WISCONSIN ) � �� ) 55. •�`"'� otary Public, Dane Co., Wisconsin COUNTY OF DANE ) My Commission is permanent CERTIFICATE I, the undersigned, duly elected to the office stated below, now the incumbenf in CAPITOL INDEMNITY CORPORATION, a Wisconsi� Corporation, authorized to make this certificate, DO HEREBY CERTIFY that the Foregoing at- attached Power of Artorney remains in full force and has not been revoked; and furthermore, that the Resolutio� oF the Board of Directors, set forth in the Power of Attorney is now in force. Signed and sealed at the Ciry of Madison. ed the 4th day of August ,1987 ,,��..,,, s�a..e.�..= , ° ���, , : �y`�-�-�-..0 - /.���y. .•� ;> . . `JUN 2 9 1987 . � '� � ' PREVAILING WAGE DETERMINATI�JN State Agency or Sub-Division Determination No. Location of Project Date of Issue Clty Cape Girardesu COU�ty Cape Girardeau June 23 1987 Supersedes Determination No. DesCription of WOrk: Improvements of Lynnwood Dxive. 277 feet of 6" concrete pavement or 7" asphalt pavement. Work includes earth excavation and fill and establishment of turf. � Melrose Street Improvements. Improvements of two sections of Melrose Street: Section 1 - Rsndol to Margaret, 255 feet. Section 2 - Delwin to Grandview, 855 feet. Work on each section includes pipe drainage, excavation, paving and establishment of turf. Determtnation No. �-016-04� is provided upon the request ot *�•- rharleR F B1 " -- TTT En�ineerin� Division/Citv of Cave Girardeau — In accordance with Section 290.260 RSMo (1986), within thiny (30) daya after a ceNtlled copy of thi= determfnation haa been flied with the Secretary of&tete as indlcaied below,any pe�aon who may be afiected by this determinatlon may obJect by liling an objectton In triplicate with the Labor and Induatrial Reletlon• Commiasion, P.O. Box 599, Jeiferson City, MO 65102. Such objsctlons muat aet fo�th in wriii�g the apecliic grounds of ob�ectlon. Each obJectlon shall certify that a copy has been turnished to the Divlalon ot Labo� Standards, P.O. Box 449, Jeiterson City, MO 65102, and to the party which reque:ted this determination, purauant to 8 CSR 20-5.010(1). 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JTYI:�.O�� �S"'p .M"" 1 1 a M f� �O ' �• [O ;�. .�, �. � g� . g� $�� o� � � r�� ��a�z °� °a�'�po �"�gb � ga�' o" 8� My`�'�" n `n ��°o�nr g�nr ►°tr aa> � �n '���x� d 7r'��' d �g �g a� a o �� �N�n � ,°•: xb ax�p Nro °n o 0 0� Nzpca F+ p F 0� N M H p A . H� � ' ao�ao'�. °non �'a �S�*d n o' o�i e, s �e �t '� ,,, ° n r o �s x z o s �p�;� c e p � a � n ` p�M M M R �' q M „ 0 �� y � �'� °ec� ►~- °� x � � n rr�c Er t v+r s� �H+. $ � � , �1�� ��„ � A�" � O� • • µ �' M F� N � � � a n r� p � . , , • • . � • Heavy Construc���n Rates for CAPE rIRA'' rAU County (s) � . Basic Fringe Benefit Payments CraFts Hourly App..�,�g. ��� • Rates H & W Pen. Vac . CA.RPENTERS (See attached sheet for trore infontatio ) .�5 .3 3 SD-.2 5 Journeymen 16.35 1.65 16.35 1.65 .75 .33 SD-.25 Millwriqhts 16. 35 1.65 .75 .33 SD-.25 Pile Driver Worker OPERATING ENGINEERS " (See atta�c,hed sheet 2or Clas�iiications G=oup I 15.35 ' 2.15 2.60 •32 ! Group II • 15.00 2.15 2.60 '32 I Group III 14 .80 2.15 2.60 •32 � Group N 13.95 2.15 2.60 •32 I,ABORERS (See attached sheet Por Classif icat ions 1� �6 5 1.4 0 1.3 5 • •1� General Laborers 15.25 1.40 1.35 .10 Skilled Laborers TRUCK DRIVERS-TEAMSTERS 1.75 2 .00 Teamsters - (See below for .Rates) Q,�LSSIFICATIC�SS RATE Q.A.S3IFICATIONS RATE Fl at - le Axle 14 .3 3 T�k � ' � e 14 .4 8 �at g� �� _ ��m Axle 14 .4 8 'I'ank Wag�n - Se�'�iler 14 .6 0 14 .3 3 Insle�y llag+ons, Dur�sters� Hali- Stat ion l�agons �� �� E�clida 1c p��y� � 1.4 .3 3 o�ther similar equiPme�nt, 14 .6 0 l�aterial Tnxks - SinB�e Axle 14 .3 3 A � � ��i� �� 14 .6 0 y�t�.ia1 '�uc.,.ks _ 'Ignden Aacle 14 .4 8 14 .6 0 9eni aod /or Pole 'I�ailers 14 .6 0 ��t °�' IiO°� � 14.2 3 wiDch, Fbrk 8t 3tee1 'IYuc.k9 14.6 0 Distributor Drivers & Operators 14 .6 0 '�''Tii'e�n� Oiler � Grea.9er Agitator �c Tra�nsit Yix-Tlvcks 14 .4 9 Station Attes�dant on Coast• 'i�ak �ag+on - Single Axle 14 .3 3 '*N�i� s�e Wag�e rate for Tire�an, Oiler & Greaser�. Station Attendant on Constructiar shall be the � as the wage rate fo� the oiler in t1�e operating en8ineers schedule, exc,ePt vpernt�6 engineer fringe benefits over and above any applicable teamster benelits shall be adcl�d to teanoster vPages. +�e wage rate for Mechanics in the teamsters schedule sha�lin�t�ringe benef�its aver and the operating engineers schedule, exc�px that operating en8 above any applicable tearnster benefits sha.11 be added to teamster wages. 'IT�e shift pay differential - � �iit t�nty-five cents (25¢) per hour, 8�'aveYard shift iiity cents (50�) per houi', abo�e ���' �t�' pN�T�g AATE: liorkmen ahall be paid on�e i one-half (1�) timea the regular rate of wagu for all hour� �rorked in exceas of eight (8) houra per day (if working S-8's), or ten (10) hours per day (if vorking 4-10'a) , ot forty (40) hours per veek, Nonday through Friday. 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