HomeMy WebLinkAboutStreet Lighting Fixture Installation 1
Office of the Town Attorney RECEIVED
Town of Southold
Town Hall Annex, 54375 Route 25 SEP 3 2019
P.O. Box 1179
Southold, New York 11971-0959 ®uthold Town Clerk
Telephone : 631-765-1939
Facsimile: 631-765-6639
MEMORANDUM
To: Ms. Elizabeth A. Neville, Town Clerk
From: Mary Silleck
Secretary to the Town Attorney
Date: September 3, 2019
Subject: Agreement Between Town of Southold and New York
Trenchless, Inc.
With respect to the above-referenced matter, I am enclosing an original, fully
executed Agreement for your records together with the resolution.
If you have any questions regarding the enclosed, please do not hesitate to call
me. Thank you.
/ms
Enclosures
RESOLUTION 2019-567
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ADOPTED DOC ID: 15342
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2019-567 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JUNE 18,2019:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to execute an Agreement between the Town of Southold and New
York Trenchless, Inc., for Street Lighting Fixture Installation, subject to the approval of the
Town Attorney.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William P. Ruland, Councilman
SECONDER:Louisa P. Evans, Justice
AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell
AGREEMENT
THIS AGREEMENT,made on the 63 day of August,2019, by and between the
Town of Southold, a municipal corporation of the State of New York having its principal
place of business at 53095 Main Road, Southold,New York, hereinafter called the
"Town" and New York Trenchless, Inc.,having its principal place of business at P.O.
Box 2208, Aquebogue,NY 11931, hereinafter called the"Contractor".
WITNESSETH:
WHEREAS, Contractor has submitted to the Town of Brookhaven a bid opened
in.the office of the Brookhaven Town Clerk on April 5, 2018, ("Bid") in response to the
-,,,,Brookhaven Town's Streetlight Fixture Installation needs;
WHEREAS, specifically referenced and incorporated in said bid proposal was an
undertaking pursuant to the General Municipal Law where in the Contractor agreed that
any bid proposal offered could be accepted by other municipalities;
WHEREAS, after a public bidding period,the Contractor's bid was awarded and
a contract was then entered into on May 22, 2018 between the Contractor and the Town
of Brookhaven, a governmental agency;
WHEREAS, in accordance with §103(16) of the General Municipal Law,the
May 22, 2018 contract between the Town of Brookhaven and the Contractor, and the
`Extension of Contract to Political Subdivisions' provisions of the bid proposal,the Town
of Southold wishes to `piggyback' on to such contract award, a copy of which is attached
hereto as Exhibit"A"; and
WHEREAS, the Town Board of the Town of Southold by Resolution No. 2019-
567 adopted on June 18, 2019, authorized the Town Supervisor to enter into an
agreement with the Contractor to perform said Streetlight Fixture Installation services as
set forth in the specifications detailed in Exhibit"A";
NOW, THEREFORE, it is mutually covenanted and agreed by and between the
parties hereto as follows:
I. DEFINITIONS
Terms defined in the Bid Solicitation shall have the same meaning as if
defined herein. For the purposes of this agreement where Exhibit"A" specifies
"Brookhaven"the word"Southold" shall be substituted with the same force and effect as
contained therein.
11. SCOPE OF SERVICES
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The Contractor shall perform the services in accordance with the
description of those services as set forth in the Solicitation, and more particularly
described in the Bid Specifications for Town of Brookhaven Bid#18035 attached thereto
as Exhibit"A".
III. TERM OF AGREEMENT
The term of this Agreement shall be from the date of execution until May
14, 2020. The Town, at its election, shall have the option to renew the Agreement, at the
price(s) agreed to herein, for one (1) additional one(1)year term by notifying the
Contractor in writing.
IV. PRICE SCHEDULE/COMPENSATION
The contractor will charge the Town for Streetlight Fixture Installation as
per the specifications of the Bid Specifications for Town of Brookhaven Bid#18035 as
found in Exhibit"A".
V. PAYMENTS
A. The Contractor shall receive payments for services performed
during the prior calendar month after inspection and approval by the Department of
Public Works. The Contractor shall submit a request for payment on a Town approved
voucher form along with Contractor's invoice which shall include a summary of the scope
of work performed as applicable.
The Town shall pay the Contractor upon the submission of a voucher at the
completion of each month of the project. Such voucher shall be due and payable within
30 days after receipt of such voucher, but such sum shall not be due and payable by the
Town until the Town Board of the Town has received such a voucher and has audited
and approved for payment the voucher to be submitted by Contractor in connection
therewith.
The Town Board shall process any voucher received from Contractor as
expeditiously as possible. In the event that the Town disputes or objects to any portion of
any voucher submitted by Contractor pursuant to this paragraph, the Town shall, within
14 days of the receipt of such voucher, notify Contractor in writing of such dispute or
objection. Contractor acknowledges that Contractor is familiar with the requirements of
section 118 of the Town Law which, in effect,prohibit payment of any of Contractor's
claims against the Town unless an itemized voucher therefore shall have been presented
to the Town Board or Town Comptroller and shall have been audited and allowed by the
Town Board or Town Comptroller.
The acceptance by the Contractor of payment shall be, and shall operate as a
release to the Town from all claims and all liabilities to the Contractor for all the things
done or furnished in connection with this work and for every act and neglect of the Town
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and others relating to or arising out of, this Contract, up to the date of the voucher, except
Contractor's claims for interest upon the final payment, if this payment be improperly
delayed. No payment, however final or otherwise, shall operate to release the Contractor
or its sureties from any obligations under this Contract.
The Town shall be entitled to deduct from any payment owning to Contractor any
sums expended by the Town to cure any default or other Agreement non-compliance by
Contractor or to protect the Town from loss on account of claims filed or reasonably
anticipated to be filed.
VI. CONTRACTOR'S WARRANTIES AND REPRESENTATIONS
Contractor makes the following warranties and representations:
A. Contractor represents that the Town has made no commitment
under this Agreement with respect to the volume of projects to be supplied during the
term of this Agreement.
B. Contractor warrants that Contractor shall comply with all federal,
state and local laws, ordinances, and regulations applicable to all of the services to be
performed by Contractor.
VII. INDEMNIFCATION INSURANCE/BONDS
A. Contractor agrees to defend, indemnify and save harmless the
Town of Southold against any and all liability, loss, damage, detriment, suit, claim,
demand, cost, charge, attorneys' fees and expenses of whatever kind or nature which the
Town may directly or indirectly incur, suffer or be required to pay by reason of or in
consequence of the Contractor carrying out or performing under the terms of this
Agreement, or failure to carry out any of the provisions, duties, services or requirements
of this Agreement, whether such losses and damages are suffered or sustained by the
Town directly or by its employees, licensees, agents, engineers, citizens or by other
persons or corporations, including any of Contractor's employees or agents who may seek
to hold the Town liable therefore. This obligation shall be ongoing, shall survive the
term of this Agreement and include,but not be limited to, claims concerning non-sudden
environmental impairments.
The Contractor shall join in the commencement of any action or
proceeding or in the defense of any action or proceeding which in the opinion of the
Town constitutes actual or threatened interference or interruption with the Town's rights
hereunder, including all appeals which, in the opinion of the Town, may be necessary.
B. Contractor shall procure and maintain the insurance described in
Exhibit"A" for a period commencing on the date of this Agreement and terminating no
earlier than one year following termination of services under this Agreement. All such
insurance coverage shall name the Town as an additional insured and shall provide that
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the coverage shall not be changed or canceled until thirty(30) days written notice has
been given to the Town. All such insurance shall be issued by a company duly
authorized to transact business in the State of New York and acceptable to the Town and
shall include all riders and additional coverage necessary to insure that Contractor will be
financially able to meet its obligations under the foregoing indemnification.
VIII. FORCE MAJEURE
If either party is delayed or prevented from fulfilling any of its obligations
under this Agreement due to any act, event or condition,whether affecting the Town, the
Contractor, or the Destination Site, to the extent that it materially and adversely affects
the ability of either party to perform any obligation hereunder(except for payment
obligations), and if such act, event or condition is beyond the reasonable control and is
not also the result of the willful or negligent action, inaction, or fault of the party relying
thereon as justification for not performing an obligation or complying with any condition
required of such party under the Agreement, the time for fulfilling that obligation shall be
extended day-by-day for the period of the uncontrollable circumstance;provided,
however,that the contesting in good faith or the failure in good faith to contest such
action or inaction shall not be construed as willful or negligent action or a lack of
reasonable diligence of either party. Subject to the foregoing, such acts or-events shall
include the following:
(1) an act of God (but not including reasonable anticipated weather
conditions for the geographic area of the Town or Destination Site)hurricane, landslide,
lightning, earthquake, fire, explosion, flood, sabotage or similar occurrence, acts of a
public enemy, extortion,war,blockade or insurrection, riot or civil disturbance;
(2) the failure of any appropriate federal, state, county,town or local
public agency or private utility having jurisdiction in the areas in which the Contractor is
located to provide and maintain utilities, services,water and sewer lines and power
transmission lines which are required for the operation;
(3) governmental pre-emption of materials or services in connection
with a public emergency or any condemnation or other taking by eminent domain of any
portion of the Contractor's facilities; and
(4) the presence of hazardous waste upon, beneath or migrating from
the Contractor Facilities.
It is specifically understood that none of the following acts or conditions
shall constitute uncontrollable circumstances: (a) general economic conditions, interest
or inflation rates, or currency fluctuations; (b)the financial condition of the Town,the
Contractor, any of its affiliates or any subcontractor; (c)union work rules, requirements
or demands which have the effect of increasing the number of employees employed
otherwise increasing the cost to the Contractor of operation; (d) equipment failure; (e)
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any impact of prevailing wage law, customs practices on the Contractor's costs; (f) any
act,event or circumstances occurring outside of the United States; or (g) any change in
law or in the permit conditions or status.
IX. SUBCONTRACTS
Contractor shall not enter into any subcontracts in connection with the
services to be performed by Contractor hereunder without the prior written approval by
the Town of such subcontracts. All such subcontracts shall make express reference to the
terms and conditions of this Agreement and shall obligate the subcontractor to comply
with all applicable federal, state and local laws, ordinances or regulations relating to the
services to be performed under the subcontract. In the event the subcontractor is required
to furnish any insurance or bonds for the benefit of Contractor,the Town shall also be
named as an additional insured or obligee.
X. PREVAILING WAGE RATES
Contractor agrees to comply with the provisions of the New York State
Labor Laws relating to the payment of prevailing wage rates to the extent applicable. In
the event that at any time during performance under this Agreement the Contractor is
required to increase the wages paid to any of its employees as a result of such
requirement, all costs shall be borne exclusively by Contractor.
XI. DEFAULT
In the event the Contractor fails to perform its obligations under the
Agreement,the Town may terminate the Agreement, procure the services from other
sources and hold the Contractor responsible for any costs incurred. The Town may also
deduct such costs from payments owing to the Contractor. The Town reserves the right
to terminate the Agreement for just cause.
XII. LIMITATION OF FUNDS
The Contractor agrees that this Agreement shall be deemed executory only
to the extent of the funds currently available for the purposes of this Agreement and that
the Town incurs no liability beyond those available by authorization of the Town Board
as of the date of this Agreement.
XIII. DISPUTES/ARBITRATION
Any disputes between the parties to this Agreement may be referred to
arbitration by mutual agreement of the parties. Absent such an agreement, any actions or
claims by either party hereto shall be commenced in Supreme Court, Suffolk County,
New York.
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In the event the parties agree to arbitrate a dispute, such arbitration shall
be conducted in accordance with the rules of the American Arbitration Association. In
no event shall any demand for arbitration be made after the date when institution of legal
or equitable proceedings based on such claim or dispute would be barred by the
applicable statute of limitations. An award rendered by arbitrators following any such
arbitration shall be final and judgment may be entered upon it in accordance with
applicable law in any court having jurisdiction thereof.
XIV. MISCELLANEOUS
A. This Agreement shall be governed by the laws of the State of New
York.
B. Contractor shall not assign, convey or otherwise transfer its rights
or obligations under this Agreement without the prior written consent of the Town.
C. This Agreement, including all Exhibits and documents referred to
herein, along with the Specifications, Solicitation and the Bid, and all Appendices and
Exhibits thereto, represent the entire agreement between the Town and Contractor
relating to the services to be performed hereunder. This Agreement may be modified
only by written agreement of Contractor and the Town.
D. To the extent of any inconsistency among the documents
constituting the agreement of the parties,the priority among those documents shall be:
1. This Agreement;
2. Exhibits hereto;
3. The Solicitation including Appendices;
4. Contractor's Bid.
E. Without limiting any other right and/or remedy which the Town
may have at law or under this Agreement, if the Contractor is adjudged bankrupt or
makes an assignment for the benefit of creditors or a receiver is appointed for the
Contractor or any insolvency arrangement proceedings are instituted by or against the
Contractor, the Town may terminate this Agreement.
F. Contractor agrees that it will conduct itself consistent with its
status, said status being that of an independent contractor and, Contractor, its employees
or agents will neither hold themselves out nor claim,to be an officer or employee of the
Town of Southold nor make claim to any right accruing thereto including,but not limited
to, Worker's Compensation,Unemployment Benefits, Social Security or retirement
membership or credit.
G. If any provision of this Agreement shall for any reason he held to
be invalid or unenforceable, the invalidity or unenforceability of such provision shall not
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affect any of the remaining provisions of this Agreement and this Agreement shall be
enforced as if such invalid and unenforceable provision had not been contained herein.
H. Contractor agrees that it shall not discriminate and that it shall
cause there to be no discrimination against any employee who is employed in the work,
or against any applicant for such employment, because of race, religion, color, sex, age,
marital status, handicap or national origin in any manner prohibited by the laws of the
United States or of the State of New York. These requirements shall include, but not be
limited to, the following: employment; upgrading, demotion or transfer; recruitment or
recruitment advertising; layoff or termination;rates of pay or other forms of
compensation; and selection for training.
XV. NOTICES
All notices required to be given hereunder shall be made in writing by first
class mail addressed as follows:
If to the Town: Supervisor of the Town of Southold
Town Hall
53095 Main Road
P.O. Box 1179
Southold,New York 11971-0959
With a copy to: Department of Public Works
Town of Southold
53095 Main Road
P.O. Box 1179
Southold,NY 11971-0959
If to the Contractor: New York Trenchless, Inc.
P.O. Box 2208
Aquebogue,NY 11931
XVI. REQUIRED PROVISIONS OF LAW
Each and every provision of law and clause required by law to be inserted in this
Contract shall be deemed to have been inserted herein. If any such provision is not
inserted, through mistake or otherwise,then upon the application of either party, this
Contract shall be physically amended forthwith to make such insertion. In particular,the
Contractor shall, among other things, fully comply with:
(a) Labor Law section 220-e and Executive Law sections 291-299 and the
Civil Rights Law relating to prohibition against discrimination and
providing equal opportunity.
(b) Affirmative action as required by the Labor Law.
(c) Prevention of dust hazard required by Labor Law section 222-a.
(d) Preference in employment of persons required by Labor Law section 222.
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(e) Eight-hour workday as required by Labor Law section 220(2).
(f) The parties hereto, in accordance with the provisions of section 220(3) of
the Labor Law,hereby agree that there shall be paid each employee
engaged in work under this Contract not less than the wage rate and
supplements set opposite the trade or occupation in which he/she is
engaged, which are the wage rates and supplements established as the
prevailing rate of wages for the work covered by this Contract.
i. Labor classifications not appearing on the schedule of wages can
be used only with the consent of the Owner and then the rate to be
paid will be given by the Owner after being advised by the
Department of Labor.
ii. The Contractor shall post in a prominent and accessible place on
the site of the work a legible statement of all wage rates and
supplements, as specified in the Contract, for the various classes of
mechanics, workingmen/women, or laborers employed on the
work.
XVI. AUTHORITY FOR EXECUTION ON BEHALF OF THE TOWN
The Supervisor has executed this Agreement pursuant to a Resolution adopted by
the Town Board of the Town of Southold, at a meeting thereof held on June 18,2019.
Scott A. Russell, Supervisor,whose signature appears hereafter, is duly authorized and
empowered to execute this instrument and enter into such an Agreement on behalf of the
Town. This instrument shall be executed in duplicate. At least one copy shall be
permanently filed, after execution thereof,in the office of the Town Clerk,Elizabeth
Neville.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement on
the day and year first above written.
TOWN OF SO THOLD
By:
cott A. Russell, Sup visor
NEW YORK TRENCHLESS, INC.
y:
7o enney, P si en
_8-
f
'i I
STATE OF NEW YORK)
) ss..
COUNTY OF SUFFOLK)
On this—7–day of August in the year 2019 before me,the undersigned,
personally appeared JOHN KENNEY,President of New York Trenchless, Inc. personally
known to me or proved to me on the basis of satisfactory evidence to be the individual
whose name is subscribed to the within instrument and acknowledged to me that he
executed the same in his capacity and that by his signature on the instrument,the
individual or the person upon whose behalf of which the individual acted, executed the
instrument.
Notary Public
GINA A.LOCKE
STATE OF NEW YORK) NOTARY PUBLIC,ST ATE OF NEW YORK
ss.: Registration No.OIL06057960
COUNTY OF SUFFOLK
Qualified in Suffolk County 23
) Commission Expires Apr.30,20„
On this-P—day of August in the year 2019 before me, the undersigned,
personally appeared SCOTT A. RUSSELL,personally known to me or proved to me on
the basis of satisfactory evidence to be the individual whose name is subscribed to the
within instrument and acknowledged to me that he executed the same in his capacity and
that by his signature on the instrument,the individual or the person upon whose behalf of
which the individual acted, executed the instrument.
VNtryaublic
MARY L.SILLECK
(Votary Public,
S tate of New York
No Quaiifiad in Suffolk Count
Commission Expires July 29.201-2—/
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CONTRACTOR'S UNIT BID TOTAL COST
FN
APPROXMATE VALUES ITEMS WrM UNIT PRICE IBI WORDS PRICE
SIDOUANTITY UNT3 DOLLARS CENTS DOLLA[tS CENTS
STREET`LIGHTFDMJREINSTALLATION&REMOVAL FOR COBRA HEAD FIXTURES 00 00
10.000 'EACH '
�a�rTh J --T -r v� S; -C s Z,✓f0 -Cerrt� �J
STREET LIGHT FIXTURE INSTALLATION&REMOVAL FOR POST TOP FIXTURES Q Q 6 G
18035 100 EACH21
002d�[SIx�S -
,itS
TOTAL BH]IN FIGURES:5 �. 56�'
TOTAL MUST BE*RIT-m IN WORDS:
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Town Of Brookhaven
Bid Number 18035
g4l I.g 1 [
This bid contains Special Requirements as noted below,
1. All questions should be submitted, in writing,to the following Town contacts:
o PuxclyasiagGroui)(all)roolchavcnny,gny
2. This project is subject to compliance with NYS DOL regulations. See page 24 for detail and PRC
number and link. Please note the schedule is NOT attached: the information is available by
accessing the link provided on page 24.
3. This project requires compliance with the Town of Brookhaven Apprenticeship Training Program.
See page 40-46 for compliance requirements
4. The successful bidder must be an active participant in an approved NYS Apprenticeship Training
Program for at least one of the following primary trades:
r
1) Electrician
2) Operating Engineer
3) Laborer j
r
Failure to meet these requirements or to submit the required documentation with
your proposal may result in the disqualification of the submission,
i
i
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Town of Brookhaven
Bid Number 18035
RM-0-T--on'-di�ftltxaat�a
Firinjj\-euj \61
Street Address: �O ��J6,4 D-,.�019
D-_
Town,State, Zip 4rad"ni-10
Telephone: 1193
Fax:
Signature of person authorized to make this proposal and sign contracts as may be required
(Print narhe)A6 Tit],, 'Pve-Soeni
Contact Name:
Title: W,C6 t etol,
Office Telephone-.
_Leak- L 14 -
Cell Number:---(--o?) 4 Lo cir I Y r:7
Email Address.. rj�
e q p_+ ne'�
Alternate Contact Name:
Title:
Office Telephone:,
Cell Number:
Email Address:
I Acknowledgement Receipt of Addenda:
#2
4
Town of Brookhaven
a
Long Island, New York
4
W
Department of General Services
Martin W.Haley,Commissioner
Kathleen C.Koppenhoefer,Deputy Commissioner
Edward P,Romaine
Town Supervisor
ADDENDUM ONE(1)—Dated April 3,2018 ,
Valerie M.
Cartright Bid#18035—Street Light Fixture Installation
Councilwoman
District One i
Jane Bonner P't2Y'llose of Addendum
Councilwoman t
DistrictTwo 'TECHNICAL QUESTIONS &ANSWERS
Kevin LaValle Addendum#1 to Bid#18035—Street Light Fixture Installation,must be signed and returned
Councilman to the Purchasing Division, All other terms and conditions remain the same.
District Three
t
Michael Logucrcio Additionally,please acknowledge receipt of this addendum by inserting its number and date in
Councilman the space provided on the appropriate proposal form.
District Four
Neil J.Pole [
Councilman
5�A�ei](Olk?,L` "1Gm RE, COMPANY NAME DA1 Flo
District Five I
Dan Panico i
Councilman Bids must be submitted no later than 11:00 AX on April 5,2018. f
District six Bids must be returned to the Town of Brookhaven Purchasing Division.
Contact Information
Name:Trisha Mazzei Main TO, (631)451-6252
Title:Purchasing Agent
Brookhaven Town Hall
One Independence Hill, Farmingvi Ile,New York 11738 - f
Email:pmazzei@,1irnolrltavc nn ov
LATE BIDS WILL BE REJECTED 1
Division of Purchasing
One Independence Hill 0 Farmingville 9 New York 11738
Phone(631) 451-6252 w.Fax (631)698-0073
www,brookhavenny.gov c
-Lxh-i" bit A
,. New lOrk
71 eNc hl esu
Town of Brookhaven
Highway Department — Division of Streetlighting 1
Street Light Fixture Installation
Town of Brookhaven Bid Number 18035 I
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t
Technical Questions Due By: March 29, 2018
Due Date & Place
!.
April 5, 2018 by 11:00 AM
Division of Purchasing
One Independence Hill
Farmingville, New York 11,738
Prepared By:
Town of Brookhaven Highway
Department—Division of Streetlighting
RESOLUTION 2019-567
aO�OG�
ADOPTED DOC ID: 15342
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2019-567 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JUNE 18, 2019:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs
Supervisor Scott A. Russell to execute an Agreement between the Town of Southold and New
York Trenchless, Inc., for Street Lighting Fixture Installation, subject to the approval of the
Town Attorney.
Elizabeth A.Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William P. Ruland, Councilman
SECONDER:Louisa P. Evans, Justice
AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell
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