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Originating Depar;ment/Div4ior;: I~ t iZ,:::OIL'r-
Contact Person: I LC:)!Gc'= Phone #: '-~C7- '~ ~l 'i5' s-O
Project Name (j2e ~4\', v '12 ~"J ?'~ Contract #: I ~ - 2. I'J"
BOCC AGENDA ITEM STAFF AUTHORIZED SIGNATURE
(BOCC signature required) (per Revised Procurement Code7/2005)
I"~ '7// 7t:f SD
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Check Contract Tvpe:
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,1 .
;<evlse 0
11/111( H (? l)
(! G1Ah-r2f1Cl ~7c''T1-l1
!fIO; ;<,S-0 32 Z , 75"'"
Signatures Required:
Under 25K - Department Head
25-50K - Department Head (if appropriate), Section Leader
Over 50 K - Department Head (if appropriate), Section Leader, County Manager
Contractor/Business (CompIeti Nhe):
Contract Execution Date: q (1 )6
Automatic Renewal (Y@) ,
'e.tVt+ ~01 r:
Contract End Date: (0
Term year( )
All Contracts should be proofed for the following:
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. Page numbered consecutively
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. All Legal Descriptions Attached (if appropriate)
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Sent to Clerk and Recorder for Scanning! Archiving
C~.~
Date:
9-ZZ-%
Authorized Staff Person
Signature of authorized staff person indicates that document has been proofed and ready.
for scanning,
Note: Clerk's Office will keep original documents in compliance with Colorado State Archives retainage
schedule.
PC} mj\ wwlg\scannnlnglcmmty contraclslnarratlw \checkl istsheet
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CONTRACT AGREEMENT
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Aspen-Pitkin County Airport
Aspen, Colorado
AlP PROJECT NO. 3.os.ooo3-33
nnSAGREEMENT,madeandenteredintothis-1~Tl-l dayof~~~ .20fu by and
between the Board of County Commissioners of Pitkin County, Party of the First Part, hereinafter referred to
as the ''Owner'', and Kiewit Western Co. , Party of the Second Part, hereinafter referred to as the
''Contt8ctor," for lhe consttuction of airport improvemeDls including Rehabilitation of Runway 15133,
Schedule I and U and other incidental work at the Aspen-Pitkin County Airport.
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WTINESSE1H:
ARTICLE I. It is hereby mutually agreed lhat for and in consideration of lhe payments as provided for
herein to lhe Contractor by the Owner, the said Contractor shall furnish all labor, equipment, and material
and shall perform all work necessaty to complete lhe improvements in a good and substantial manner of lhe
highest quality, ready for use, and in strict accordance with lhis Contract, a copy of which is filed pursuant to
Jaw in lhe office oflhe legal represenlative of the Owner.
ARTICLE 2, It is hereby further agreed that in considetation oflhe faithful perfOlDlance oflhe work by the
Contractor, the Owner shall pay lhe Contractor the compensation due himlher by rellSOll of said fuithful
performance of the work, at slated intervals and in the amount certified by lhe Engineer, in accordance with
the provisions of this Contract.
ARTICLE 3. It is hereby further agreed 1hat, at lhe completion oflhe work and its acoep1ance by the Owner,
all sums due 1he Contractor by reason of his fiIithfuI performance of lhe work, taking into coosideration
additions to or deductions from the Contract price by reason of alterations or modifications of the original
Contract or by reason of "Extra Work" aulhorized under lhis Contract, or by reason of Owner's right to
deduct for liquidated damages and other damages as provided for in the Contract Documents will be paid the
Con1Jactor by the Owner after said completion and aa:ep1ance.
ARTICLE 4. It is hereby further agreed that any references herein to the "Contract" sbaII include "Contract
Documents" as the same as defined in Paragraph 10-12, Section 10 of lhe General Provisions and consisting
of the Invitation for Bid, Insttuction to Bidders, all issued Addenda, Proposal, Statement of Qualifications,
Anticipated Sub-COntracts, Form of Proposal Guaranty, Notice of Award, Contract Agreement, Performance
& Payment bonds., Notice to Proceed, Notice of Contractor's Settlement, Wage Rates, General Provisions,
Special Provisions, Plans, Technical Specifications, attached appendices and all documents incorporated by
reference, Said "Contract Documents" are made a part of the Contract as if set out at length herein. Said
Contract Agreement is limited to the items in the proposal as signed by the "Contractor" and included in lhe
"Contract Documents."
ARTICLE 5, The Contractor agrees to perform all the work described in the Contract Documents for the
unit prices and lump sums as submitted in the Bid, taking into consideration additions to or deductions from
1he Total Bid by reason of alterations or modifications of the original quantities or by reason of "Extra
Work" authorized under this Agreement in accordance with the provisions of lhe Contract Documents,
ARTICLE 6, The Contractor agrees to commence work within ten (10) calendar days after the receipt of a
notice to proceed and the Contractor further agIee to complete said work wi1hin 210 Calendar days after the
notice to proceed, according to lhe schedule detailed below:
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Phase
Phase I - See sheet G.oo6
Phase IT - See sheets G~07 and G~08
Phase ill - See sheet G-009
Phase IV - See sheet G~lO
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Extensions of the Contract time may only be permitted by execution of a formal written modification to the
Contract Agreement as approved by the Owner, Liquidated damages shaIl be assessed in the amounts
specified in General Provisions section 80~8, as described and specified in Special Provisions Part C
Parngraph 19. In the event of an inconsistency in the Contract Documents regarding the amount of
liquidated damages to be assessed, the amounts set forth in General Provisions section 80-08 shall control,
The total estimated cost for AlP project #I 3-08-0003-33 thereof to be Twelve miUion, seven hundred
and e1ewn thousand, seven hundred and sixty three dollars and fifty cents. ($12,711,763.50),
This contract shall be exeented concnrrently with Supplemental Aereement number one.
IN WITNESS WHEREOF, the Party of the First Part and the Party of the Second Part, respectively, have
caused this Agreement to be duly execu1l:d in day and yearfustherein written in five (5) copies, all ofwbicb
to all intents and purposed sball be considered as the original,
CONTRACTOR. Party of the Second Part
OWNER, Party of the First Part
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By:
By:
---.,
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Randall P. Sanman, V.P.
(Ollice or Position of Signer)
l'>lv= I.hl'Wl<:, !1&;.r A \ll::If~ '!lll1-
(Office or Position of Signer)
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Mark P. Campbell, Asst. Secry.
(Office or Position of Signer)
(SEAL)
(SEAL)
ATTEST:
7
ATTEST:
(Ollice or Position of Signer)
j
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Bond No. 041SB 104778361 BCM
as "
LABOR AND MATERIAL PAYMENT BOND
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90 KNOW ALL MEN BY THESEPRESENTS:
91
92 JHli the .Pw-~r ~wih Western Co, as Principal and hereinafter called "Principal", andTravelers
93~'lsY~~~1c~n u ': lit sufe~'k~ hereinafter called "Surety," a corporation organized and existing under the
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laws of Connecticut, are held and flnnly bound unto the Pitkin County Board of County
Commissioners, and to all subcontractors and any others who have supplied or furnished or shall supply or
furnish materials, rental machinery, tools, or equipment actually used in the perfonnance of the hereinafter
identified Contmct, or who have perfonned or shall perform labor in the perfonnance of or in connection
with said Cont:mct, hereinafter called "Obligees" in the sum ~ & , PI
Twelve Million Seven Hundred Eleven Thousand Seven Hundred Sixty-threean~Y/OO
($ 12,711,763.50**) together with interest at the rate of eight per cent (8%) per annum on all payments
becoming due in accordance with said Contract, from the time such payments shall become due until such
payment shall be made, for the payment of which, well and truly made to the Obligees, the Principal and the
Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally,
finnly, by these presents.
WHEREAS, the Principal and the Pitkin County Board of County Commissioners have entered into
a certain Contract, hereinafter called "Contract," dated q - fS- ()\o for the constIuction of a PROJECT
described as Rehabilitation of Runway 15/33, Schedule I and II which Contract is hereby by reference
made a part hereof;
NOW, 1HEREFORE, THE CONDmON OF THIS OBLIGATION is such that if the Principal and
the Surety shall fully indemnify and save hannless the Pitkin County Board of County Commissioners from
and against any and all costs and damages, including patent infringements, which either may suffer by reason
of any failure or failures of the Principal promptly and faithfully to perfonn all terms and conditions of said
Contract and shal1 fully reimburse and repay the Pitkin County Board of County Commissioners all outlay
and expense which the Pitkin County Boaxd of County Commissioners may incur in making good any such
failure or failures, and further, if the Principal and his subcontractors shall duly and promptly pay for any and
all labor, materials, team hire, sustenance, provisions, provender, rental machinery, tools, or equipment and
other supplies which have been or shall be used or consumed by said Principal or his subcontrnctors in the
perfonnance of the work of said Contract, and if said Principal shal1 duly and promptly pay all his
subcontractors the sums due them for any and all materials, rental machinery, tools, or equipment and labor
that have been or shall be furnished, supplied, perfonned or used in connection wilh perfonnance of said
Contract, and shal1 also fully indemnify and save hannless the Pitkin County Board of County
Commissioners to lbe extent of any and all expenditures which either or both of them may be required to
make by reason of any failures or defaults by the Principal or any subcontractor in connection with such
payments; then this obligation shall be null and void, otherwise it shall remain in full force and effect.
It is expressly understood and agreed that any alterations which may be made in the tenns of said
Contractor in the work to be done under said Contract, or any extension(s) of time rorthe performance of the
Contract, or any forbearance on the part of ei1her the Pitkin County Board of County Commissioner.! or the
Principal to any of the others, shall not, in any way release the Principal and the Surety, or either of them,
their heirs, executors, administrators, successors or assigns from their liability hereunder, notice to the Surety
of any such alteration, extension or forbearance being hereby waived.
Any conditions legally required to be included in a payment bond on this contract, including but not limited
to those set out in the Pitkin County Home Rule Charter or Procurement Code, are included herein by
reference,
The Surety agrees that, in the event that the Conttactor fails to make payment of lbe obligations covered by
this bond, it will do so and, further, that wilhin forty-five (45) days of receiving, at the address given below, a
claim here under stating the amount claimed and the basis for the claim in reasonable detail, it (a) will send
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142 .' an answer to the claimant, with a copy to the Owner, stating the amounts thai: are undispured and the basis for
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143 challenging any amounts thai: are disputed and (b) will pay any amounts that are undisputed, The amount of
144 this bond shall be reduced by and to the extent of any payment of payments made in good faith hereunder.
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While this bond is in force, it may be sued on at 1he instance of any party to whOOl any such payment is due,
in 1he name of the Owner, to the use of such party. The Owner shall not be liable fur 1he payment of any
costs or expenses of any such suit.
No suit shall be commenced or pursued here under other than in a state court of competent jurisdiction in
Pitkin County, Colorado.
IN WITNESS WHEREOF, 1he Principal and the Surety have executed 1his Bond, this [DATE}
September
PRINCIPAL
12, 2006.
(Corporate Seal]
Kiewit Western Co.
t~hl,lA"..-
Title: Randall P. Sanman, V. P.
[Corporate Seal]
SURElY
Travelers Casualty and Surety Company
of America
kJ:.. yt
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AUorney-in-fiwt Janet R, Nielsen
TInS BOND MUST BE ACCOMPANIED BY A POWER OF ATIORNEY, EFFECTIVELY DATED.
This bond is issued simultaneously with another bond conditioned JOr the fUll and ftithfUl perfOrmance of the
contract.
$
_STPAUL
. lIlI;IiiP,oTRAVELERS
POWER OF ATTORNEY
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
Farmington Casualt}' Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Undtlrwriters, Inc.
Seaboard Surety Company
81. Paul Fire and Marine Insurance Company
Attorney-In Fact No.
215922
51. Paul Guardian Insurance Company
81. Paul Mercury Insurance Company
Travelers Casualty and Surdy Cumpany
Travelers Casualty and Surel)! Company of America
United States Fidelity and Guarani)' Company
CertifirateNo. 000501499
KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the Jaws of the State of New York, !hal S1. Pau]
Fire and Marine Insuran(;e Company. 51. Paul Guardian Insurance Company and St. Paul Mercury Inwranct: Company arc corporations duly organized under the laws
of the State of Minnesota, that Farmington Casualty Company. Travekrs Casualty and Surety Company, and Travelers Casualty and SurelY Company of America arc
corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organi7ed under the
laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the Slate of Iowa. and that Fidelity and
Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies'"). and that
the Companies do hereby make, constitute and appoint
Philip G. Dehn, Terry K. Bartel, Jenniler L. Miller, Janel R. Nielsen, Tammy Pike, and Paul A. Foss
of the City of Omaha , State of Nchraska . their true and lawful Attomeyls) in-Fact.
each in their separate capacilY if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recogniwnces. cunditional undertakings and
other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons. guaranteeing the performance of
contracts and executing ur guaranteeing hand,>; and undertakings required or permitted in any&..'1ions Of pi"Oteedinj!s allowed hy law.
IN WITNESS WHEREOF, (he COIIlI2fnies ha~'e caused this instrument to he signed and theitcorporate seals to be hereto affixed. this
day of May , _OU6 .
1st
Farmington Casualty COtnpany
Fidelity and Guaranty rllsurant~ COUJpanJ'
Fidelity and Guaranty InsUl'am:e Underwriters, Inc.
Seaboard Suret}' Compan}'
St. Paul Fire and Marine Insurance Company
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State of Connecticut
Oty of H<irtford ss,
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
Travelers Casualty and Surety Company
Travelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
By:
On this the 1 st day of May 2006 , hefore me personally appeared George W Thompson. who acknowledged
himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company. Fidelity and Guaranty Insurance Underwriters.
Inc., Seaboard Surety Company. St. Paul Fin: and Marine Insurance Company, S1. Paul Guardian Insurance Company. St. PuuJ Mercury Jnsurance Company, Traveler"
Casualty and Surety Company, Tri.lvekrs Casualty and Surety Company of Amt:rica, and United State~ Fidelity and Guaranty Company, and that he, as such, bemg
authurized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
In Witness Whereof, I hereunto set my hand and official seal.
My Commission expires the 10th day of June. 2006.
5844D-9~05 Printed in U.S.A.
"(\\w c. j~
'- Marie c. Tetreault. Notary Public
It
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE R 0 BORDER
WARNING. THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
Thi.~ Power or A{(orncy is granltd undn and by the authOlity of the following resolutions adopted by thc Boards of Directors of Farmington Casualty Company, Fidelity
and Guaranty Insurance Company, Fidelity and Guaranty In.suranci." Underwriters, Inc., Seaboard Surety Company, SI. Paul Fire Hnd Marine Insurance Company,
S\. P;ml Guardian lnsurance Company, St. Paul Mercury Insurancl' Company, Travelers Casualty and Surety Company, Travelers Ca.walty and Surety Company' of
An1l'rica, ,1Ild United States Fldelity and Guaranty Company, which resolutlons are now in full force and effect. reading. as follows:
RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice Prcsident, any Senior Vice President. any Vke Presid.ent, any Second Vier
President- the Trcasurer. any Assishmt Treasurer, the Corporate Senetary or any Assistant Secretary may appoint Attorney,,-in-Fact and Agents to act for and on behalf
of thc Company and may give such appllintee such authority as his or her certificate of authllrity may presnibe to sign with the Company's name and seal with the
Company's seal bonds. recognizances. conlracts of indemnity, and other writings ubligatory in the nature of a bond. recognizance, or conditional undertaking, and any
llf said officers or (he Board of Directors at any time muy remove any such appointee and revoke the power given him Of hcr; and it is
FURTHER RESOLVED. that the Chairman, the President. any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may
delegate all or any pm1 of thl' foregoing authority to one or more officl'n, or employees of this Company, provided that eal.h such delegation is 111 writing and a copy
thereof is filed in the office ofthc Secretary; and it is
FURTHER RESOLVED, that any bond, recognizance, contntct of indemnity. or writing obligatory in the nature of a bond, rel"Ognizance, or conditional undertaking
~hall be valid and binding upon the Company when (a) .~igned by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice
Pn.:sidt'nt. any Sccond Vice President. the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the
Company\ s"-'~ll by a Secretary or A.~sistant SecretUlY: or (b) duly executed (under seal. if required) by one or more Attorncy\'.-in-Fact and Agents pursuant to the power
prc~crihcd 10 his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is
FURTHER RESOLVED, that the signature of each of the foJlowing officers: President. any Executive Vice President, any Senior Vice Pre.sident, any Vice President,
any Assistant Vice President. any Secretary, any Assistant Secretary, and the seal of the Company may he affixed by racsnnile to any power of attorney or to any
certificate relaling lhereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purpOSef> only of executing and attesting bonds
and undertakings and other \\Titing.~ nhligatory in the naturc thereof, and any such power of attorney or ct,;rtificak beanng such fac~imile signature or facsimile seal shall
be \'ulid and hinding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal ,hall be valid and binding on the
Company in tile future with respect to any hond or under~tanding to which it is attached.
L Kori M. Johanson. the undersign,,-,d, Assistant Secretary, of Farmington Casualty Company. Fidelity and Guaranty Insurance Company, Fidelity and Guaranty ln~uranl:e
Underwriters. Inc.. Seaboard Surety Company, Sf. Paul Fire and Marine InsuranCe Company, Sf. Paul Guardian Insurance Company, Sf, Paul Mercury lnsurance
Company, Travelers Ca~u:llty and Surety Company, Travelers Ca"ualty and Sur~tyCompa~ypfAmeric,a;;tnd United States Fidelity and Guaranty Company do hereby
certd.y that the abuve and fOleg0ing is a true <lnd corre(.1. wpy of the Power ofAttl)rneyexecukd by said Companies, which is in full force and effect and has not been
revok,,-,d.
12 September
IN TESTIMONY WHEREOF, I have hereunto .~et my hand 3.11fl1l,ftixed th~ s~:; df said Co01panks this _ day of
06
,20 _,
Kori M, Johan~
e
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To verify the authenticity of this Power of Attorney. call t-R00-421-3RKO or contact us at www.stpauhravelersbond.com. Please refer to the Attorney-In-Fact number.
the ahove-named individuals and the details of the bond to whICh the power is attached.
WARNING. THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
1
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Page I of 2 pages
CONTRACT CHANGE ORDER NO.
or
SUPPLEMENTAL AGREEMENT NO.
AIRPORT
Aspen-Pitkin County Airport
DATE
1 (ScQcdulesJ and IT)
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6/30/06 .
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LOCATION
Aspen, Colorado
AlP PROJECT NO.
3_0~Sfoot~5006
CONTRACTOR Kiewit Western
1::'/') ~ '7"'!' .,- .
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You are requested to perform the following described work upon receipt of an approved copy of this
document or as directed by the engineer:
Item Description Unit Unit Quantity Amount
No. Price
Please see attached spreadsheet (Exhibits I & II)
"As-bid" Contract Total $12,711,763.50
This Supplemental Aereement Total $(2,460,440.75)
Previous Supplemental Ae;reement(s) Total $0.00
Revised Contract Total $10,251,322.75
Approved by:
The time provided for completion in the contract is unchanged. Runway closure period shall shift by
two hours, beginning at 11:00 AM local time on April 9, 2007, ending at 7:00 PM local time June 7,
2007. (deereased) (iReFeaoed) BY Galendar da)'s. This document shall become an amendment
to the contract and all provisions of the contract will apply. Changes arll. shown on the attached
exhibits dated 06/30/06: Exhibits I, IT, and ill; Specifications P-152 (p. 7):'"P-40l (p. 13-14, 18-19),
and T-905( p. 2); and p,lan Sheets 0-004, C-IOO - C-102, C-300 - C-307, C;-400 - C-406, C-600, C-
601, C-604, C-605, C-700, C-701, C-800, andE-IOI-E-105. .......6 ~
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Recommended by: c.? ~ ~'/ f/~ l
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Accepted by:
Concurred by:
Contractor
N/A
Date
Approved by:
Date
~~~
Da e
NOTE: Change Orders and Supplemental Agreements require FAA approval prior to construction,
otherwise no Federal participation can be granted. State Aeronautics concurrence is required when
state participation is anticipated.
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