HomeMy WebLinkAbout20051509.tiff AGREEMENT
Hot Bituminous Material/Asphalt Supply for 2005
THIS AGREEMENT,made this 1 4 day of A p 2 L , 20 O' ,
by and between Weld County,Colorado,hereinafter called 'Owner" and Lafarge West. Inc.
doing business as (an individual,) or (a partnership,) or (a corporation)hereinafter called"Contractor".
WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned:
1. The Contractor will commence and complete the following: Hot Bituminous Material /
Asphalt Supply for 2005 described in the Invitation for Bids,Bid No. B0500119
2. The Contractor will furnish all of the material, supplies, tools, equipment, labor and other
services necessary for the completion of the Project described herein.
3. The Contractor will commence the work required by the Contract Documents within ten (10)
calendar days after the date of the Notice to Proceed and will commence to supply Hot
Bituminous Material/Asphalt Supply for 2005 as specified by the Contract Documents.
4. The Contractor agrees to perform all of the Work described in the Contract Documents and
comply with the terms as shown in the Bid Schedule.
5. The term"Contract Documents" means and includes the following:
(A) Invitation for Bids
(B) Instructions to Bidders
(C) Bid Proposal
(D) Bid Bond
(E) Statement of Qualifications and Subcontractors
(F) Required Project Forms
(G) Agreement
(H) Labor and Materials Payment Bond
(I) Performance Bond
(J) Notice of Award
(K) Notice to Proceed
(L) Change Order
(M) Certificate of Substantial Completion
(N) Lien Waiver
(O) Notice of Acceptance
(P) Specifications prepared or issued by the Weld County Public Works Department.
(Q) Colorado Department of Transportation "Standard Specifications for Road and Bridge
Construction"
(R) Colorado Department of Transportation Standard Plans"M& S Standards"
(S) Addenda:
No. , dated , 20
No. , dated ,20
Page 21 D5—(%-p$-
05-16.05' / ( : PIO (c7.? 0--CA. 5) a?�7D5-/6-D9
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6. The Owner will pay to the Contractor in the manner and at such times as set forth by the
Contract Documents, or otherwise agreed upon in writing.
7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors,
administrators,successors, and assigns.
8. Contract Appropriations: The Owner hereby states and affirms that the amount of money
appropriated for this Contract is equal to or in excess of the Contract amount. No change
order to this Contract requiring additional compensable work to be performed, which work
causes the aggregate amount payable under the Contract to exceed the amount appropriated
for the original Contract shall be issued by the Owner unless the Owner assures the
Contractor, in writing, that lawful appropriations to cover the costs of the additional work has
been made or unless such work is covered under a remedy-granting provision contained in the
Contract.
IN WITNESS WHEREOF,the parties hereto have executed,or caused to be executed by their duly
authorized officials,this Agreement in three(3)copies each of which shall be deemed an original on the date
first above written.
ORDERED BY: ACCEPTED BY:
THE BOARD OF
WELD COUNTY CON CTOR La ge West, Inc.
BY
NAME William H. Jerke N M Jer Runner
(Please Type)
TITLE Chair TI LE Area Asphalt Manager
Date MAY 16 2005 ADDRESS 1800 N. Taft Hill Road
Fort Collins, CO 80521
Elsa
(SEAL)
lm.?
ATTEST:
‘\.." fDDYi.CG4Lb 11
mot; �Y
Weld County Clerk to the Board
BY /u Board
c BY �l ,
Deputy Cler to the Board � � (Please ype)
TITLE Contract Administrator
Page 22
90cs—/S6
Bond No. 6335567
PERFORMANCE BOND
llot Bituminous Malarial/Asphalt Sunnis,for 2005
KNOW ALL MEN BY Tub PRESENT'S; that
Lafarge North America, Inc. DBA Lafarge West, Inc. _
(Name of Contractor)
1800 N. Taft Hill Road, Ft. Collins, CO 80521
(Address of Contractor)
Corporation , hereinafter called Contractor,
and a (Corporation, Partnership,or Individual)
Safeco Insurance Company_of America _ —
(Name of Surety)
Safeco Plaza, Seattle, WA 98185 (800)332-3226
(Address of Surety)
hereinafter called surety,are held and firmly bound unto
Weld CountytColorado .—
(Name of Owner)
1111 II Street, P.O. Box 75x cirecicy, Colorado 80632 _
(Address of Owner)
One Million, Seven Hundred Fifty Two Thousand,
hereinafter called Owner, in the penal sum of One Hundred Seventy and No/100 Dollars,
($1,752,170.00 ), in lawful money of the United States of America, for the payment of which sum well
and truly to be made,we bind ourselves,successors and assigns,jointly and severally firmly by these presents.
'I'IlE CONDITION OF TIIlS OBLIGATION is such that whereas,the Contractor entered into a
certain Contract with the Owner, dated the_ day of , 20_, a copy of which is
hereto attached and made a part hereof for the construction of:
I lot Bituminous Material/Asphalt Supply for 2005 described in the Invitation for Bids, Bid Nu. 80500119
NOW T}IIIREFORE, if the Contractor shall well, truly and faithfully perform its duties, all of the
undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof,
and any extensions thereof which may be granted by the Owner, with or without notice to the Surety and
during the one year guaranty period, and if he shall satisfy all claims and demands incurred under such
contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may
suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the
Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in force
and effect.
Page23
PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change,
extension of time,alteration or addition to the terms of the contract or to the Work to be performed there under
of the Specifications accompanying the same shall in any way affect its obligation on this Bond, and it does
hereby waive notice of any such change,extension of time,alteration or addition to the terms of the contract or
to the Work or to the Specifications.
PROVIDED. FURTHER, that no final settlement between the Owner and the Contractor shall abridge the
right of any beneficiary hereunder, whose claim may be unsatisfied.
Page 24
PERFORMANCE BONI)
}lot Bituminous Material/Asphalt Supply for 2005
IN WITNESS WIIBREOF, this instrument is executed in five(5)counterparts,each one of
which shall be deemed an original,this day of_ • 20_
Lafarge No th eric , Inc. DBA Lafarge West, Inc.
(Contractor) Sec ct ry
(S ^)
� 1800 N. Taft Hill Road
(Witness as t Contractor) (Address)
_ R. Collins, CO 80521
(Address)
Safeco Insurance ComDanv of America
Surety
WITNESS:
tn n 6, ) . /fkiLr
t, (Su rety$ tYQ( Kerry A. Marvel
(SEAL) -
�) By ( � •
Witness a to Surety Mary T. Flan' an At rnsy-in-Fac Debra J. Scarborough
444..)4. 47th Street _ Safeco Plaza
(Address) (Address)
Kansas City, MO 64112-1906 - _ Seattle, WA 98185
NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partncnhip, all partners should
execute Bond.
IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current
list(Circular 570 as amended)and be authorized to transact business in the State where the Project is located.
Page 25
Bond No. 6335567
LABOR& MATERIALS PAYMENT BOND
Not riituminorts Material / Asphalt Supply for 2005
KNOW ALE.MEN BY TIM PRESEN'T'S;that
Lafarge North America, Inc. DBA Lafarge West, Inc. ._
(Name of Contractor)
1800 N. Taft Hill Road, Ft. Collins, CO 80521
(Address of Contractor)
Corporation „^ _, hereinafter called
Contractor,and a (Corporation, Partnership, or Individual)
Safeco Insurance Company of America
(Name of Surety)
Safeco Plaza, Seattle, WA 98185 (800)332-3226 _
(Address of Surety)
hereinafter called surety,arc held and firmly bound unto
Weld CqunV.Colorado
(Name of Owner)
1111 II Street.P.O.Box 758. Greeley,. Coloradq 80632
(Address of Owner)
hereinafter called Owner, in the penal sum of One Mi Ili on, Seven Hundred Fifty Two Thousand,
One Hundred Seventy and No/100 _Dollars,(S1,752,170.00
),
in lawful money of the United States of America,for the payment of which sum well and truly to be made, we
bind ourselves, successors and assigns,jointly and severally firmly by these presents.
'1'I Ill CONDITION OF TlllS OB1.IGATION is such that whereas,the Contractor entered into a
certain Contract with the Owner,dated the day of , 20J a copy of
which is hereto attached and made a part hereof for the construction of:
llot Bituminous Material/Asphalt Supply for 2005 described in the Invitation for Bids,Bid No. 80500119
NOW, TILEREF'ORE, if the Contractor shall promptly make payment to all persons, firms, Subcontractors,
and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in
such contract, and any authorized extension or modification thereof, including all amounts due for materials,
lubricants, oil, gasoline, repairs on machinery,equipment and tools, consumed or used in connection with the
construction of such Work, and all insurance premiums on said Work, and for all labor, performed in such
Work whether by Subcontractor or otherwise, then this obligation shall be void,; otherwise to remain in full
force and clTect.
Page 26
PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the contract or to the Work to be performed there under
of the Specifications accompanying the same shall in any way affect its obligation on this Bond, and it does
hereby waive nonce of any such change, extension of time, alteration or addition to the terms of the Contract
or to the Work or to the Specifications.
PROVIDED. FURTHER, that no final settlement between the Owner and the Contractor shall abridge the
right of any beneficiary hereunder, whose claim may be unsatisfied.
Page 27
LABOR&MATERIALS PAYMENT BOND
Hot Bituminous Material/Asphalt Supply_fgr 2005
IN WITNESS WHEREOF, this instrument is executed in five (5) counterparts, each one of which shall be
deemed an original,
this day of ,20
LafargeNorth Ame ca, Inc. DBA Lafarge West, Inc.
Contractor
Cl 13y....
(Cot ctor) Sccrcta e
(SE )
col1800 N. Taft Hill Road
(Witness to Contractor (Address)
1800 N. Taft Hill Road
Ft. Collins, CO 8052t Ft. Collins, CO 80521
(Address)
Safeco Insurance Company of America •�
Surety
AtRKJtEt %
WITNESS:
' Q/LTU,' I . I� fJ(
(Surely) tangier/Kerry A. Marvel
(SEAL .
Witness to Surety Mary T. F anigan Att'at•y-in-Fae Debra J. Scarborough
444 W. 47th Street Safeco Plaza
(Address) (A ddress)
Kansas City- MO 64112-1906 Seattle, WA 98185
NOTE: Date of Bond must not be prior to date of Contract. If Contractor is Partnership, all partners should
execute Bond.
IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current
list(Circular 570 as amended) and be authorized to transact business in the State where the Project is located.
Page 2K
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SAFECO' POWER SAFECO INSURANCE COMPANY OF AMERICA
GENERAL INSURANCE COMPANY OF AMERICA
OF ATTORNEY HOME OFFICE: SAFECO PLAZA
SEATTLE,WASHINGTON 98185
No. 6957
KNOW ALL BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each
hereby appoint
JAMES C.PATEIDL;MELISSA D.EVANS;DEBRA J.SCARBOROUGH;PATRICK T.PRIBYL;DAVID M.LOCKTON; CLAUDIA MANDATO;MARY T.
FLANIGAN;MICHAEL C.FROST;KATHY M.LOFTUS;CHRISTY M.MCCART;PATRICK T.MOUGHAN;CLIFFORD B.YOUNG;RONALD J.LOCKTON;KEVIN
B.ALEXANDER;CAROLYN VAN HAAREN;SANDRA BURNETT;LAURA E.COON;Kansas City,Miss
its true and lawful attomey(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar
character issued in the course of its business,and to bind the respective company thereby.
IN WITNESS WHEREOF,SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and
attested these presents
this 11th day of August , 2004
CHRISTINE MEAD,SECRETARY MIKE MCGAVICK,PRESIDENT
CERTIFICATE
Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
'Article V,Section 13.-FIDELITY AND SURETY BONDS...the President,any Vice President,the Secretary,and any Assistant Vice President appointed for that
purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with
authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its
business...On any instrument making or evidencing such appointment,the signatures may be affixed by facsimile. On any instrument conferring such authority
or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be Impressed or affixed or in any other manner reproduced; provided,
however,that the seal shall not be necessary to the validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970.
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(I) The provisions of Article V,Section 13 of the By-Laws,and
(II) A copy of the power-of-attorney appointment,executed pursuant thereto,and
(iii) Certifying that said power-of-attorney appointment is in full force and effect,
the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof?
I, Christine Mead, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,do hereby certify
that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations,and of a Power of Attomey issued pursuant thereto,
are true and correct,and that both the By-Laws,the Resolution and the Power of Attorney are still in full force and effect.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation
this day of
asCf COAfp'4
COWAN
SEAL T SEAL
195 j�1st% 2'
as �60(frya - CHRISTINE MEAD,SECRETARY
S-0974/SAEF 2/01 S A registered trademark of SAFECO Corporation
08/11/2004 PDF
IMPORTANT NOTICE TO SURETY BOND CUSTOMERS REGARDING
THE TERRORISM RISK INSURANCE ACT OF 2002
As a surety bond customer of one of the SAFECO insurance companies (SAFECO Insurance Company of
America, General Insurance Company of America, First National Insurance Company of America, American
States Insurance Company or American Economy Insurance Company), it is our duty to notify you that the
Terrorism Risk Insurance Act of 2002 extends to "surety insurance". This means that under certain circum-
stances we may be eligible for reimbursement of certain surety bond losses by the United States government
under a formula established by this Act.
Under this formula, the United States government pays 90%of losses caused by certified acts of terrorism that
exceed a statutorily established deductible to be paid by the insurance company providing the bond. The Act
also establishes a $100 billion cap for the total of all losses to be paid by all insurers for certified acts of
terrorism. Losses on some or all of your bonds may be subject to this cap.
This notice does not modify any of the existing terms and conditions of this bond, the underlying agreement
guaranteed by this bond, any statutes governing the terms of this bond or any generally applicable rules of law.
At this time there is no premium change resulting from this Act.
5-6248 3/03
A
ACORD CERTIFICATE OF LIABILITY INSURANCE 04/01/2006 03/10 00
PRODUCER Lockton Companies THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
D ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
444 W.47th Street,Suite 900 HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Kansas City Mo 64112-1906 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
(816)960-9000
INSURERS AFFORDING COVERAGE
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INSURED LAFARGE NORTH AMERICA,INC. INSURER A: AMERICAN HOME ASSURANCE CO.
1060502 LAFARGE WEST,INC. INSURER e: NATIONAL UNION FIRE INS CO
1800 N.TAFT HILL ROAD INSURER C: INS CO. STATE OF PA
FORT COLLINS CO 80521 INSURFR D• LEXINGTON INS,CO
INSURER E'
COVERAGES LAFNO01 FK
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTW!T"`-TIP Nn"I' I
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFIC/-"
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AN✓
POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR POLICY EFFECTIVE POLICY EXPIRATION
I TR TYPE OF INSURANCE POLICY NUMBER DATE IMM/DEINYI DATE(MM/DDIYY) LIMITS
GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000
A X COMMERCIAL GENERAL LIABILITY GL3314756 04/01/2005 04/01/2006 FIRE DAMAGE(My one fire) $ 500,000
X I CLAIMS MADE OCCUR MED EXP(My one person) $ 5,000
PERSONAL AADV INJURY $ 2,000,000
GENERAL AGGREGATE S Excluded
GEM_AGGREGATE I� LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000
POLICY I I JECT LOC
AUTOMOBILE UABILITY
A X ANY AUTO CA2651851 (AOS) 04/01/2005 04/01/2006 (a accident)
LIMIT $ 2,000,000
O IN
A ALL OWNED AUTOS CA2651853(MA) BODILY INJURY
A SCHEDULED AUTOS CA2651852(TX) (Per person) XXXXXXX
A HIRED AUTOS CA2651854(VA) BODILY INJURY
B NON-OWNED AUTOS CA2651855(OR) (Per accident) XXXXXXX
PROPERTY DAMAGE $ XXXXXXX
(Per accident)
GARAGE UABILITY AUTO ONLY-EA ACCIDENT $ XXXXXXX
ANY AUTO NOT APPLICABLE OTHER THAN EA ACC $ XXXXXXX
AUTO ONLY: AGG $ XXXXXXX
EXCESS LIABILITY EACH OCCURRENCE $ XXXXXXX
I OCCUR CLAIMS MADE NOT APPLICABLE AGGREGATE $ XXXXXXX
Ini
I UMBRELLA $ XXXXXXX
DEDUCTIBLE FORM
S XXXXXXX
RETENTION $ $ )00000(X
C WORKERS COMPENSATION AND WC3599065(AOS) 04/01/2005 04/01/2006 IWC STATU- IORTH-
TORYLUARS EMPLOYERS LIABILITY WC3599067(CO
) E.L.EACH ACCIDENT $ 2,000,000
B WC3599068(OR) E.L.DISEASE-EA EMPLOYEE $ 2,000,000
C WC3599066(WI)/WC3599069(NJ) E.L.DISFARF-POLICYLIMIT $ 2,000,000
OTHER
DESCRIPTOR OF OPERATIONSILOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
THE GENERAL LIABILITYPOLICY IS SUBJECT TO A PRODUCTS-COMPLE l Ell OPERATIONS AGGREGATE ONLY. NO GENERAL AGGREGATE
APPLIES AS THE POLICY WILL RESPOND TO EACH AND EVERY OCCURRENCE WITH A LIMIT OF LIABILITY SHOWN.
CERTIFICATE HOLDER I ADDITIONAL INSURED;INSURER LETTER: PANCELLATION IM57755I
2216313 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
WELD COUNTY DEPARTMENT OF PUBLIC WORKS DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
P.O.BOX 758
GREELEY CO 80632 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL
IMPOSE NO OBUGATION OR UABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
ACORD 25-S(7/97) For questions nairdlna this a.mm,.r.,contact the number listed in the Producer'action ao,,e and specify the client a m.v&FNOtV. O ACORD C PORATION 1988
t.
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require a; enaorseme.,.. A sraLen,eni
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
.1
RE: HOT BITUMINOUS MATERIAL/ASPHALT SUPPLY FOR 2004. CERTIFICATE HOLDER IS AN ADDITIONAL
INSURED(EXCEPT ON WORKERS'COMP)AS RESPECTS OPERATIONS OF THE NAMED INSURED WHERE
REQUIRED BY WRITTEN CONTRACT.WHERE REQUIRED BY WRITTEN CONTRACT,WAIVER OF SUBROGATION IN
FAVOR OF THE CERTIFICATE HOLDER IS PROVIDED ON THE WORKERS'COMP.POLICY. 'THIS INSURANCE IS
PRIMARY AS RESPECTS THE NEGLIGENCE OF LAFARGE WEST, INC./LAFARGE. COVERAGE IS EXTENDED ONLY
AS RESPECTS LAFARGE WEST,INC./LAFARGE'S NEGLIGENCE."
Certificate ID: 2216313
Misc Attachment :M57755
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SYPOO(-ATIOIk! IS WAIVED. Pubis* to the terms and conditions of the policy. certain Doliciec• —.� •
require an endorsement. A statement on this certificate does not canter ngnts to the ce:.. .....
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
Ket—tt( 2,
MEMORANDUM
WI I II
C TO: Clerk to the Board DATE: May 9, 2005
COLORADO• FROM: Frank B. Hempen, Jr., P.E.
Director of Public Works/County Engineer
SUBJECT: Agenda Item
Agreement for the Hot Bituminous Material/Asphalt Supply for 2005 with LaFarge for the
asphaltic materials to be used in projects located in the northern portion of Weld County.
pc: Dean Dreher, Engineering Tech III
M:\Francie\Agend-l.doc
ECco5?
2005-1509
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