R2002-0142 09-09-02 RESOLUTION NO. R2002-142
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AWARDING A BID FOR MOWING SERVICES ASSOCIATED
WITH THE FEMA BUY-OUT PROGRAM.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the City opened bids for mowing serVices associated with the
FEMA Buy-Out Program, and such bids have been reviewed and tabulated.
Section 2. That the City Council hereby awards the bid to Cornerstone
Maintenance in the amount of $77,074.25.
Section 3. The City Manager or his designee is hereby authorized to execute a
contract for mowing serVices associated with the FEMA Buy-Out Program.
PASSED, APPROVED and ADOPTED this the 9 dayof September ,
A.D., 2002.
ATTEST:
Y~NsG LO~F-4N
ECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM R-"~'
MAYOR
Exhibit "A"
R2002-142
CITY OF PEARLAND
STANDARD SERVICES CONTRACT
This Agreement is made between the City of Pearland, Texas (hereinafter the
"City"), and Cornerstone Maintenance, Inc. (hereinafter "Consultant") as follOws:
1. Summary of Contract Terms. The following information and referenced
documents shall be a part of this Contract:
Consultant:
Description of Services:
Maximum Contract Amount:
Contract Begins:
Contract Ends:
Attachments:
Cornerstone Maintenance, Inc.
Mowing of 89 FEMA lots
$77,074.25, plus $35 per lot for call-out mowing
Upon Execution
12 months after execution
Bid documents
2. Services and Payment. The Consultant will furnish Services to the City in
accordance with the terms and conditions specified in this Contract. Payment for the
services shall be due and payable upon submission of a statement of services to the
City. Statements for services shall not be submitted more frequently than monthly.
3. Term and Termination. This Contract term will begin upon execution by both
parties. Either party may terminate this Contract at any time provided that the
terminating party gives 60 days' advance notice to the other party via certified mail to
that party's last known address. The City shall pay the Consultant for all services
rendered to the date of termination.
4. Indemnity. The Consultant shall indemnify, defend, and hold the City, its officers,
agents, and employees, harmless from any claim, loss, damage, suit, and liability of
every kind, including all expenses of litigation, court costs, and attorney's fees, for injury
to or death of any person, or for damage to any property, arising from or caused by any
act or omission of Consultant, its officers, employees, agents, or subcontractors, in
performing its obligations under this Contract.
5. Assignment. Consultant shall not assign this Contract without the prior written
consent of the City.
6. Modifications. City without invalidating the Contract, may order changes within
the general scope of the work required by the Contract by altering, adding to and/or
deducting from the work to be performed. If any change under this clause causes an
increase or decrease in Consultant's cost of, or the time required for, the performance
of any part of the Services under the Contract, an equitable adjustment will be made by
mutual agreement and the Contract modified in writing accordingly.
7. Insurance.
A. The Consultant shall procure and maintain for the duration of this Agreement,
insurance against claims for injuries to persons, damages to property, or any errors and
omissions relating to the performance of any work by the Consultant, its agents,
employees or subcontractors under this Agreement, as follows:
(1) Workers' Compensation as required by law.
(2)
Professional Liability Insurance in an amount not less than $1,000,000 in
the aggregate.
(3)
Comprehensive General Liability and Property Damage Insurance with
minimum limits of $1,000,000 for injury or death of any one person,
$1,000,000 for each occurrence, and $1,000,000 for each occurrence of
damage to or destruction of property.
(4)
Comprehensive Automobile and Truck Liability Insurance covering owned,
hired, and non-owned vehicles, with minimum limits of $500,000 for injury
or death of any one person, $500,000 for each occurrence, and $500,000
for property damage.
B. The Consultant shall include the City as an additional insured under the
policies, with the exception of the Professional Liability Insurance and Workers'
Compensation. Certificates of Insurance and endorsements shall be furnished to the
City before work commences. Each insurance policy shall be endorsed to state that
coverage shall not be suspended, voided, canceled, reduced in coverage or in limits
except after thirty (30) days prior written notice by certified mail, return receipt
requested, has been given to the City. Upon request, certified copies of all insurance
policies shall be furnished to the City.
8. Law Governinq and Venue. This Contract shall be governed by the law of the
State of Texas and no lawsuit shall be prosecuted on this Contract except in a court of
competent jurisdiction located in Brazoria County~ Texas.
9. Entire Aqreement. This Contract represents the entire agreement between the
City and the Consultant and supersedes all prior negotiations, representations, or
contracts, either written or oral. This Contract may be amended only by written
instrument signed by both parties.
10. Dispute resolution procedures. The Consultant and City desire an expeditious
means to resolve any disputes that may arise between them regarding this Contract.
To accomplish this, the parties agree to mediation as follows: If a dispute arises out of
or relates to this Contract, or the breach thereof, and if the dispute cannot be settled
through negotiation, then the parties agree first to try in good faith, and before bringing
any legal action, to settle the dispute by mediation of a third party who will be selected
by agreement of the parties.
2
EXECUTED and EFFECTIVE this the ~ day of
ATTEST:
' ~")~ ~,.~"r' ,2002.
CITY OF PEARLAND
By:
City Manager
APPROVED AS TO FORM:
Darrin M. Coker
City Attorney
CORNERSTONE MAINTENANCE, INC..
3
STATE OF TEXAS §
COUNTY OF ~-~ ~ro~'~'c:x. §
..-, BEFOR,E ME, the undersigned Notary Public, on this day personally appeared
,.~ (.,~ ?e), F,.,'r k./.c,~.ck , known to me to be the person whose name is subscribed
to the foregoing instrument and acknowledged to me that he/she executed the same for
the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS
~ ~4r ~',',.U~.. , A.D., 2002.
I~' /-/DAY OF
N~UBLIC~N ,~ND I=OI~E~HE
STATE OF TEXAS
Printed Name:..~c.~ ~
My Commission Expires: ~- cD / -
STATE OF TEXAS §
COUNTY OF '~/'~-- -~o ,-',,'~._ ~
BEFORE ME, the undersigned Notary Public, on this day personally appeared
~,/// ~-~,,~,..,.,. , known to me to be the person whose name is subscribed
to the foregoing instrument and acknowledged to me that he/she executed the same for
the purposes and consideration therein expressed.
c~/~GIVEN UNDER MY HAND AND
/,¢,,, Z¢ ~ , A.D., 2002.
PERLA N. LEHMAN
Notary Public, State of ~ex~,
My Commission Expir~:
APRIL 2, 2005
SEAL OF OFFICE THIS ¢'¢O¢ DAY OF
STATE OF TEXAS
Printed Name: ~~ ~-/~- ~,,~,~---~....~
My Commission Expires: ./~.,'~,~/,.2~,.r-'"
4
City of Pearland
Purchasing Department
3519 Liberty Drive, Suite 201, Pearland, Texas 77581-5416
Tel: 281/652-1668 Fax: 281/652-1738
BID INVITATION
COVER SHEET
TO:
RFPB No:
Commodity/Service:
Closing Time:
Opening Time:
Pre -bid Meeting
Bid Opening Location:
For Information Contact:
Technical Information
2002-063
Contract Mowing — Residential (FEMA) Lots
3:00 o'clock P.M., August 27, 2002
3:00 o'clock P.M., August 27, 2002
None
City Hall, 3519 Liberty Drive, Pearland, Texas 77581
Gordon Island, Purchasing Officer, 281/652-1668
Greg Moore, Park Superintendent, 281.652.1673
This invitation includes the following documents: [ (1) To be returned with bid]
(1) 1. Bid Invitation Cover Sheet
(1) 2. Bid Sheet,
3. Specifications
(1) 4. Supply Contract Provisions
5. Instruction to Bidders
6. Standard Purchase Terms and Conditions
TO BE COMPLETED BY BIDDER
The undersigned agrees, if this bid offer is accepted within 3 0 calendar days (90 days unless
different period is inserted) after date of opening, to fully comply in strict accordance with the invitation, bid,
specifications and provisions attached thereto for the amounts shown on the accompanying bid sheet(s).
Firm: Corner s tone Maintenance, Inc.
Signature of Person
Authorized to Sign Bid:
Signor's Name and Title J. Corey Kirkland, President
(Print or type).
Date: 8/ 2 3/ 0 2 Telephone: 2 81- 6 4 8- 9 7 31
(1)
Fax: 281 —648-9738
Page 1 of 1
CITY OF PEARLAND
Purchasing Department
Bid Sheet
Bid Invitation No: 2002-063 I Commodity/Service: Contract Mowing — Residential (FEMA)
Lots
BIDDER: Cornerstone Maintenance, Inc.
AUTHORIZED SIGNATURE' ' /Pe •
DATE: 8/ 2 3/ 0 2
1. Refer to "Instruction To Bidders' before completing Bid Sheet.
2. Price, quote your best price F.O.B. Destination, on each item. This is a lump sum or separated bid per Texas Tax
Code 151.309 or 151.310
3. Delivery Date; promised delivery time in calendar days after receipt of order is to be noted below OR DA 1h if
indicated
4. In submitting this bid, I certify'
a. Items bid are in exact accordance with specification, unless noted m bid
b. That prices in this bid have been arrived at independently, without consultation or agreement with any
competitor for the purpose of restricting competition.
5. Payment Terms: Standard payment terms are Net 30 days after receipt of order or invoice, whichever is latter.
6. Early Payment Discounts Vendor may offer a % early payment discount if payment is made in
fifteen (15) days.
7. Addendum(s) Received:(check) 0 No. 1; 0 No. 2; 0 No. 3
Item No.
Description Or Specification
Item Description
Estimated
Quantity
Frequency
Price
Delivery
Time
1.0 Contract Mowing — Residential (FEMA) Lots in
accordance with specifications and bid documents.
Mowing per frequency for Basic Services.
Major Tree Pruning per frequency per Basic Services
Mowing per lot for ` call out" Mowing
Note: If lots are added or deleted from contract, the average
cost per lot (frequency Price divided 89) will be used to
adjust frequency Price total
Required Documentation: Bidders will submit with bid as
necessary the following:
1. Bid Bond: none required for this bid
2. Copy of bidders contractors liability Insurance.
Upon award insurance will be submitted listing the
City of Pearland as additionally insured Will be
required of all subcontractors
3. Bid and Performance Bond: None required for this
bid
89 lots
89 lots
1 lot
$75,494.25
$1,580.00
$35.00
As stated on
page 10 of
specification
1 of 1 pages
CITY OF PEARLAND
PURCHASING DEPARTMENT
SUPPLY CONTRACT PROVISIONS
1 QUANTITIES: Bidder agrees to furnish all requirements of the City of Pearland during the
contract period. Quantity(s) listed are estimates only, based on historical and/or known
information. Actual quantity(s) ordered will be determined by need and the availability of
funds.
2. 1hRM OF CONTRACT: Contract will be from the date of acceptance of offer for a period of
(12) twelve months. Contract may be extended for 2 additional twelve-month periods at the
City's option.
3. PRICING 'PERMS: Contractor will deliver all required quantities at the bid price for the
contract period however. The Contractor will notify and offer the City decreases available to
the Contractor for the initial contract period and extension period. The City will entertain
price increases for pass through cost increases only as posted by a Manufacturer or unknown
expense not under the control of the Contractor.
4. Bidder agrees to offer additional equipment, materials or services offered by the Contractor
not specifically listed in the specifications at the same markup. The City reserves the right to
accept or reject price adjustments.
5. ., s��' CHASES TO OTHER GOVERNMENTAL AGENCIES.
Bidder agrees to furnish materials, equipment and or services listed in the invitation to
bid to those governmental agencies that participate in the City of Pearland Inter -local
Cooperative Agreement program. Under this program, local government agencies
may participate in City of Pearland contracts by Piggy Backing, Including their
requirements with the City of Pearland, or Contract with the City of Pearland to
purchase their commodities and/or services for them. Under Piggy backing and joint
programs, the participating governmental agency will be responsible for ordering,
acceptance and inspection and payment directly to the vendor.
5.2 All terms and conditions of the Bid Invitation will apply. Warranty, service, repairs
and returns will be the responsibility of the participating governmental agency and
vendor respectively.
5.3 The City of Pearland makes no claim of responsibility to the bidder for actions of
cooperative partners.
Firm: Cornerstone Maintenance, In ,Date: 8/23/02
Authorized Signature (agent):
ACORD CERTIFICATE OF LIABILITY INSURANCgai 2
DATE (MM/DD/YY)
02/26/02
PRODUCER
S ullivan Insurance Agency,Inc.
P .O Box 9
rland TX 77588-0009
,ne:281-485-2781 Fax:281-485-0943
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
INSURED
Cornerstone Maintenance, Inc.
P.O. Box 2484
Friendswood TX 77546
INSURER A:
Ohio Casualty Ins. Co.
INSURER B:
W est American Ins. Co. (OHIO)
INSURER C•
S ervice Lloyds Insurance Co.
INSURER D:
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
A
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE (MM/DD/YY)
POLICY EXPIRATION
DATE (MM/DD/YY)
LIMITS
GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
X
CLAIMS MADE X OCCUR
B
GEN'L AGGREGATE LIMIT APPLIES PER:
PPOLICY JECT
X LOC
AUT
X
X
X
OMOBILE LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
BHO 52232718
02/13/02
02/13/03
EACH OCCURRENCE
$1,000,000
FIRE DAMAGE (Any one fire)
$ 100,000
MED EXP (Any one person)
$ 5,000
PERSONAL & ADV INJURY
$1,000,000
GENERAL AGGREGATE
$1,000,000
PRODUCTS • COMP/OP AGG
$1,000,000
WAM 52232718
02/13/02
02/13/03
COMBINED SINGLE LIMIT
(Ea accident)
$ 500,000
BODILY INJURY
(Per person)
$
BODILY INJURY
(Per accident)
$
PROPERTY DAMAGE
(Per accident)
$
GARAGE LIABILITY
ANY AUTO
AUTO ONLY - EA ACCIDENT
OTHER THAN
AUTO ONLY:
EA ACC
AGG
C
EXCESS LIABILITY
OCCUR
iDEDUCTIBLE
RETENTION $
CLAIMS MADE
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
SRT 10008-02
02/13/02
02/13/03
EACH OCCURRENCE
AGGREGATE
X
WI SIAIU-
TORY LIMITS
UIH-
ER
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE
E.L. DISEASE - POLICY LIMIT
$
$
$
500,000
500,000
500,000
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
City of Friendswood Named as Additional Insured as Respects General
Liability Where Required by Written Contract.
CERTIFICATE HOLDER
N
ADDITIONAL INSURED; INSURER LETTER:
CANCELLATION
CITYF-1
City of Friendswood
Attn: City Secretay
910 South Friendswood Drive
Friendswood TX 77546
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIOP
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUTXSIXM74 .XiffitL)SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
ACORD 25-S (7/97)
1 ORATION 1988
ACORD CERTIFICATE OF LIABILITY INSURANCRNE-2
DATE (MM/DD/YY)
02/26/02
PRODUCER
Sullivan Insurance Agency, Inc.
P.O Box 9
rland TX 77588-0009
,ne:281-485-2781 Fax:281-485-0943
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
INSURED
Cornerstone Maintenance, Inc.
P.O. Box 2484
Friendswood TX 77546
INSURER A:
Ohio Casualty Ins. Co.
INSURER B:
West American Ins. Co. (OHIO)
INSURER C:
Service Lloyds Insurance Co.
INSURER D:
INSURER E:
v
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
MAY BE ISSUED OR
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
RESPECT
TO
TO WHICH
ALL THE TERMS,
THIS CERTIFICATE
EXCLUSIONS
AND CONDITIONS
OF SUCH
I R
LTR
TYPE OF INSURANCEPOLICYAT
MM/DDT
)EPDE(D}N
POLICY
LIMITS
EACH OCCURRENCE
$
1, 0 0 0, 0 0 0
GENERAL LIABILITY
FIRE DAMAGE fire)
$ 100,000
A
X
COMMERCIAL GENERAL LIABILITY
BHO 52232718
02/13/02
0 2/1 3 / 0 3
(Any one
ICLAIMS
MADE
I X
OCCUR
MED EXP (Any one person)
$ 5,000
PERSONAL&ADVINJURY
$ 1,000,000
GENERAL AGGREGATE
$ 1, 000, 000
GEN'L
AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP/OP AGG
$
1 , 000,000
POLICY
PRO
PRO-
JECT
X
LOC
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT
$ 500,000
B
X
ANY AUTO
WAM 52232718
02/13/02
02/13/03
(Ea accident)
ALL OWNED AUTOS
BODILY INJURY
$
SCHEDULED AUTOS
(Per person)
X
HIRED AUTOS
BODILY INJURY
$
X
NON -OWNED AUTOS
(Per accident)
PROPERTY DAMAGE
$
(Per accident)
AUTO ONLY - EA ACCIDENT
$
GARAGE LIABILITY
ANY AUTO
OTHER THAN EA ACC
$
AUTO ONLY:
AGG
$
EACH OCCURRENCE
$
EXCESS LIABILITY
OCCUR
I
CLAIMS MADE
AGGREGATE
S
$
DEDUCTIBLE
$
RETENTION $
$
TORYILIMITS
OI H-
WORKERS COMPENSATION
X l
ER
.AND
C
EMPLOYERS' LIABILITY
SRT
10008-02
02/13/02
02/13/03
E.L. EACH ACCIDENT
$ 500,000
E.L. DISEASE - EA EMPLOYEE
$ 500,000
E.L, DISEASE - POLICY LIMIT
$ 500,000
OTHER
DESCRIPTION
City
Liability
OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS
of Friendswood
Where
Required
Named
as Additional
by Written
ADDED BY
Contract.
ENDORSEMENT/SPECIAL
Insured
PROVISIONS
as Respects General
CERTIFICATE
HOLDER
N
ADDITIONAL INSURED; INSURER LETTER: CANCELLATION
CITYF -1
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
THE EXPIRATIOI
10 DAYS WRITTEN
City of Friendswood
S
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUTXX XXX*10 )& SHALL
Attn:
910
City ecretay
South Friendswood
Drive
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
77546
REPRESENTATIVES.
Friendswood
I
TX
ACORD
25-S (7/97)
,ORATION
1988
STATEMENT OF EQUIPMENT TO BE USED
The following information is unconditionally required of all bidders as called for in the Specifications.
Proposed Contractor: Cornerstone Maintenance, Inc.
Person in Charge: J. Corey Kirkland
Phone No. 281 -648-9731
List of Equipment:
3 - John Deere M665 60" ZTR Mowers
1 - Dixie Chopper 72" ZTR mower
2 - John Deere HD45 4a" walk behind mowers
1 - John Deere 790 tractor with 6' mower
1 - John Deere HD45 36" walk behind mower
1 - Bobcat 36" walk behind mower
4 - Sthil FS80 weedeaters
1 - Stihl FS12.0 wPsad.Pat.Pr
1 - Echo SRM260 weedeater
1 - Shindawa.T260 wPPdPai-Pr
1 - Shindawa T270 weedeater
2 - Stihl Stick edgers
1 - Shindawa stick edger
1 - Shindawa chainsaw
1 - Stihl Pole chainsaw
2 - Stihl BR50 Blowers
2 - Echo PB620 Blowers
2_- John Deere BR40 Blowers
2 - Ford F350 Trucks
1 - Chevy C3500 4WD Truck
1 - Chevy C2500 Truck
2 - 16' trailers
2 - 20' trailers
REFERENCES
Minimum of three (3) references MUST be provided of clients you have provided a comparable
scope of services within the last two (2) years.
Name. Jon Branson Phone Number 281-996-1290
Project(s): Landscape maintenance of the City of Fri esdswnnris properties.
Irrigation installation, fertilization, landscaping, chemical .
applications.
Scope of Work
Maintenance of all medians, parks, public buildings for the City.
Name. Paul Virgadamo
Project(s): Cnnroe Fire simat.iian#�4
Phone Number c13 L — 1172. 5- Vat
Scope of Work:
Installation of irrgation, landscaping and sod.
Nance: Kathy Dooley Phone Number 281-480-2563
Project(s): Pinehollow and Briarglen subdivisions
Scope of Work: Landcsape maintenance, tractor mowing, irrigation repairs.
CITY OF PEARLAND WORKERS' COMPENSATION CERTIFICATION
I J. Corey Kirkland as representative of Cornerstone Maintenance, Inc.
(Authorized representative (company name)
Do hereby certify that said company provides workers' compensation insurance coverage for all its
employees performing work on this project for the City of Pearland.
Signature
8/23/02
Date
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Bidder/Item Description
Cornerstone Maintenance, League City, TX
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