HomeMy WebLinkAboutPW16-061 - Original - Styro Recycle LLC - Recycling Events - 02/22/2016 f
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CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission
to City Clerks Office, All portions are to be completed.
If you have questions, please contact City Clerk's Office.
Vendor Name: Styro Recycle LLC
Vendor Number:
JD Edwards Number
Contract Number: NJ l u - (i u
This is assigned by City Clerk's Office
Project Name: Recycling Events
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract
❑ Other:
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Contract Effective Date: 2/22/16 Termination Date: 12/31/16
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: Gina Hungerford Department: Engineering
Contract Amount: $1,000.00
Approval Authority: (CIRCLE ONE) Department Director Mayor City Council
Detail: (i.e. address, location, parcel number, tax id, etc.):
Collect styrofoam blocks at two city recycling events.
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As of: 08/27/14
ICENT
GOODS & SERVICES AGREEMENT
between the City of Kent and
Styro Recycle LLC
THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Styro Recycle LLC organized under the laws of the State of Washington,
located and doing business at PO Box 834, Milton, WA 98354, Phone: (253) 838-9555, Contact: Marilyn
Lauderdale (hereinafter the "Vendor").
AGREEMENT
I. DESCRIPTION OF WORK.
Vendor shall provide the following goods and materials and/or perform the following services for
the City:
The Vendor shall collect EPS Styrofoam blocks at two City of Kent Recycling Events. For a
description, see the Vendor's Scope of Work which is attached as Exhibit A and incorporated
by this reference.
Vendor acknowledges and understands that it is not the City's exclusive provider of these goods,
materials, or services and that the City maintains its unqualified right to obtain these goods, materials,
and services through other sources.
II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete
the work and provide all goods, materials, and services by December 31, 2016.
III. COMPENSATION. The City shall pay the Vendor an amount not to exceed One Thousand
Dollars ($1,000.00), including applicable Washington State Sales Tax, for the goods, materials, and
services contemplated in this Agreement. The City shall pay the Vendor the following amounts according
to the following schedule:
Vendor shall be paid an amount not to exceed $500 per recycling event after submittal of
invoice.
If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option
to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make
every effort to settle the disputed portion.
GOODS & SERVICES AGREEMENT - 1
($20,000 or Less, incl. INSST)
A. Defective or Unauthorized Work. The City reserves its right to withhold payment from
Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable,
for any reason, to complete any part of this Agreement, the City may obtain the goods,
materials or services from other sources, and Vendor shall be liable to the City for any
additional costs incurred by the City. "Additional costs" shall mean all reasonable costs,
including legal costs and attorney fees, incurred by the City beyond the maximum
Agreement price specified above. The City further reserves its right to deduct these
additional costs incurred to complete this Agreement with other sources, from any and all
amounts due or to become due the Vendor.
B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL
CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE
AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT
IS MADE.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-
Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in
accordance with Ch. 51.08 RCW, the parties make the following representations:
A. The Vendor has the ability to control and direct the performance and details of its
work, the City being interested only in the results obtained under this Agreement.
B. The Vendor maintains and pays for its own place of business from which Vendor's
services under this Agreement will be performed.
C. The Vendor has an established and independent business that is eligible for a
business deduction for federal income tax purposes that existed before the City
retained Vendor's services, or the Vendor is engaged in an independently established
trade, occupation, profession, or business of the same nature as that involved under
this Agreement.
D. The Vendor is responsible for filing as they become due all necessary tax documents
with appropriate federal and state agencies, including the Internal Revenue Service
and the state Department of Revenue.
E. The Vendor has registered its business and established an account with the state
Department of Revenue and other state agencies as may be required by Vendor's
business, and has obtained a Unified Business Identifier (UBI) number from the
State of Washington.
F. The Vendor maintains a set of books dedicated to the expenses and earnings of its
business.
V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon
providing the other party thirty (30) days written notice at Its address set forth on the signature block of
this Agreement.
VI. CHANGES. The City may issue a written amendment for any change in the goods,
materials or services to be provided during the performance of this Agreement. If the Vendor determines,
for any reason, that an amendment is necessary, Vendor must submit a written amendment request to
the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14)
calendar days of the date Vendor knew or should have known of the facts and events giving rise to the
requested change. If the City determines that the change increases or decreases the Vendor's costs or
time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to
reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to
agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall
proceed with the amended work upon receiving either a written amendment from the City or an oral order
from the City before actually receiving the written amendment. If the Vendor fails to require an
GOODS & SERVICES AGREEMENT - 2
($20,000 or Less, including WSST)
i
amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent
amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable
adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the
adjustment as provided in subsections A through E of Section VII, Claims, below.
The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate
acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by
Vendor as provided in this section shall constitute full payment and final settlement of all claims for
contract time and for direct, indirect and consequential costs, including costs of delays related to any
work, either covered or affected by the change.
VII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another
written order, or an oral order from the City, including any direction, instruction, interpretation, or
determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give
written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events
giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should
have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for
damages, additional payment for any reason, or extension of time, whether under this Agreement or
otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim
is made in strict accordance with the applicable provisions of this Agreement.
At a minimum, a Vendor's written claim shall include the information set forth in subsections A,
items 1 through 5 below.
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN
THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN
ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED
BY THAT DELAY.
A. Notice of Claim. Provide a signed written notice of claim that provides the following
information:
1. The date of the Vendor's claim;
2. The nature and circumstances that caused the claim;
3. The provisions in this Agreement that support the claim;
4. The estimated dollar cost, if any, of the claimed work and how that estimate
was determined; and
5. An analysis of the progress schedule showing the schedule change or
disruption if the Vendor is asserting a schedule change or disruption.
B. Records. The Vendor shall keep complete records of extra costs and time incurred as a
result of the asserted events giving rise to the claim. The City shall have access to any of
the Vendor's records needed for evaluating the protest.
The City will evaluate all claims, provided the procedures in this section are followed. If the
City determines that a claim is valid, the City will adjust payment for work or time by an
equitable adjustment. No adjustment will be made for an Invalid protest.
C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed
promptly to provide the goods, materials and services required by the City under this
Agreement.
D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor
also waives any additional entitlement and accepts from the City any written or oral order
(including directions, instructions, interpretations, and determination).
E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this
section, the Vendor completely waives any claims for protested work and accepts from the
GOODS & SERVICES AGREEMENT - 3
($20,000 or Less, including WSST)
City any written or oral order (including directions, instructions, interpretations, and
determination).
VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING
FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE
CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED.
THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD.
IX. WARRANTY. Vendor warrants that it will faithfully and satisfactorily perform all work
provided under this Agreement in accordance with the provisions of this Agreement. In addition to any
other warranty provided for at law or herein, this Agreement is additionally subject to all warranty
provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington.
Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained,
and will perform in accordance with their specifications and Vendor's representations to City. The Vendor
shall promptly correct all defects in workmanship and materials: (1) when Vendor knows or should have
known of the defect, or (2) upon Vendor's receipt of notification from the City of the existence or
discovery of the defect. In the event any part of the goods are repaired, only original replacement parts
shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for
that portion of the work shall extend for an additional year beyond the original warranty period applicable
to the overall work. The Vendor shall begin to correct any defects within seven (7) calendar days of its
receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a
reasonable time as determined by the City, the City may complete the corrections and the Vendor shall
pay all costs Incurred by the City in order to accomplish the correction.
X. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the
Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national
origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who
is qualified and available to perform the work to which the employment relates.
Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration,
Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached
Compliance Statement.
XI. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or
suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's
performance of this Agreement, except for that portion of the injuries and damages caused by the City's
negligence.
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The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds
to avoid any of these covenants of indemnification.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION
PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL
INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES
FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
In the event Vendor refuses tender of defense in any suit or any claim, if that tender was made
pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having
jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor's part, then Vendor
shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable
attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the
Vendor's part.
The provisions of this section shall survive the expiration or termination of this Agreement.
GOODS & SERVICES AGREEMENT - 4
($20,000 or Less, including NSST)
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XII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement,
insurance of the types and in the amounts described in Exhibit B attached and incorporated by this
reference.
XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary precautions
and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of
the contract work and shall utilize all protection necessary for that purpose. All work shall be done at
Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other
articles used or held for use in connection with the work.
XIV. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its
contractors and consultants to use recycled and recyclable products whenever practicable. A price
preference may be available for any designated recycled product.
B, Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the
covenants and agreements contained in this Agreement, or to exercise any option conferred by this
Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those
covenants, agreements or options, and the same shall be and remain in full force and effect.
C. Resolution of Disputes and Governing Law, This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. If the parties are unable to settle any
dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means
of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules
and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in
writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the
parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred
in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or
award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's
right to indemnification under Section XI of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the parties at
the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written
notice hereunder shall become effective three (3) business days after the date of mailing by registered or
certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this
Agreement or such other address as may be hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written consent
of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment,
the terms of this Agreement shall continue in full force and effect and no further assignment shall be
made without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of the City
and Vendor.
G. Entire Agreement. The written provisions and terms of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative
of the City, and such statements shall not be effective or be construed as entering into or forming a part
of or altering in any manner this Agreement. All of the above documents are hereby made a part of this
Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any
language contained in this Agreement, the terms of this Agreement shall prevail.
H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal
laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business,
equipment, and personnel engaged in operations covered by this Agreement or accruing out of the
performance of those operations.
GOODS & SERVICES AGREEMENT - 5
($20,000 or Less, including WSST)
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I. Public Records Act. The Vendor acknowledges that the City is a public agency subject to the
Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes,
emails, and other records prepared or gathered by the Consultant in its performance of this Agreement
may be subject to public review and disclosure, even if those records are not produced to or possessed by
the City of Kent. As such, the Vendor agrees to cooperate fully with the City in satisfying the City's duties
and obligations under the Public Records Act.
J. City Business License Required. Prior to commencing the tasks described in Section I,
Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of
the Kent City Code.
K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any
number of counterparts, each of which shall constitute an original, and all of which will together constitute
this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page
to the other by fax or email and that signature shall have the same force and effect as if the Agreement
bearing the original signature was received in person.
IN WITNESS, the parties below execute this Agreement, which shall become effective on
the last date entered below.
VENDOR: CITY OF KENT:
rm_
By. 1 By:
(signa ure) // (signature)
Print Name: 1�w- L tl t L Print Name: Kelly Peterson
Its: aR" Its: Special Projects/Transportation Manager
(title) ,1
DATE: -24I 7, DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
VENDOR: CITY OF KENT:
Marilyn Lauderdale Timothy J. LaPorte, P.E.
Styro Recycle LLC City of Kent
PO Box 834 220 Fourth Avenue South
Milton, WA 98354 Kent, WA 98032
(253) 838-9555 (telephone) (253) 856-5500 (telephone)
(253) 856-6500 (facsimile)
Sty.Regd.-Rec dl ng Events/Mungerlord
GOODS & SERVICES AGREEMENT 6
($20,000 or Less, including NSST)
DECLARATION
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CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City's equal employment opportunity
policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding.
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach of contract and it will be at the City's sole
determination regarding suspension or termination for all or part of the Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of
sex, race, color, national origin, age, or the presence of all sensory, mental or physical
disability.
3. During the time of this Agreement the prime contractor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth
above.
By signing bel I agree to u fil A ive requirements referenced above.
By: j
U
For: �? rswr �
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 1 of 3
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CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1,2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and
state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee
equal employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City's equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
EEO COMPLIANCE DOCUMENTS - 2 of 3
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of
I
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered into on
the (date), between the firm I represent and the City of
Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
I
By:
For:
Title:
Date:
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EEO COMPLIANCE DOCUMENTS - 3 of 3
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— — EXHIBIT- A
StyrO Recycle 11c
PO Box 834 Millen, WA 98354
253-838-9555
Styrofoam Is Going Green
- taoas ®_ s a a
VJ�NR?OR S`T'ATEMlENT ®lF WORK
#or Recycling'Events Spring &I+"aII2016
STYRO RECYCLE LLC
EPS STYROFOAM COLLECTING
Rebrtiary 05,2016
SC01'
This Vendor Statement of WorkNSOW)defines the technical effort to be performed by fro R cycle LLC(Hereafter
referred to as the Vendor)for The City of Kent.
Styro, ecycle LLC will arrive at tlic designated location site,previously establish by the City of Kent,one hoer before the
eveuf start time. Styro Recycle will make available one box truck for collecting EPS Styrofoam blocks and also have two
staff members along with two totes at this site to accept the correct type of CPS Styrobb4m materials thatrwe process..
Our staff may set up a portahle UWniug to cover said totes to koep the totes and the EPS foam material dry from rain,
Our staff members Will wear safety shoes and vest'at all tithes during these events,and will accommodate any
recommendations made by Event directors.
All material ooltected at the City of Kent s;ltecycling event will be estimated after collection day;volume and weights
will be emailed to the City of Kent Recycling coordinatdr with in two business days.
Our Staff shall be responsible to supply a broom and dust pan to collect any residue of the EPS Styrofoam that may land
on the ground during the entire event.
Styr?Recycle Staff will reserve the Tight to refuse any materials that we do not accept...(dirty or wet foam,Polyurethane
foam,foam with tape stickers or Iabels hottub covers or"iriska pak packaging)these materials are not acceptable.
*Cost of said event is not to exceed$5:00 per event.
Please advise if there are any, dditlonal request of work fiom Styto Recyclo for these events please email Marilyn
Lauderdaio' ar- cycle.com)for more assistance.
j,• _date 0 i
M,. it Lau. 'rd l
St o .,ecycle LLC
Owaer
Off: 253=8384555 Cel1;253.34M396
(Magingaddms)P:O. Box 834r'Milt6n,WA 98354 (253) 838-9555
EXHIBIT B
INSURANCE REQUIREMENTS FOR
SERVICE CONTRACTS
Insurance
The Contractor shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Contractor, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Contractor shall obtain insurance of the types described below:
1. Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01 and shall cover liability arising from
premises, operations, independent contractors, products-completed
operations, personal injury and advertising injury, and liability
assumed under an insured contract. The City shall be named as an
insured under the Contractor's Commercial General Liability
insurance policy with respect to the work performed for the City
using ISO additional insured endorsement CG 20 10 it 85 or a
substitute endorsement providing equivalent coverage.
2. Automobile Liability insurance covering all owned, non-owned,
hired and leased vehicles. Coverage shall be written on Insurance
Services Office (ISO) form CA 00 01 or a substitute form providing
equivalent liability coverage, If necessary, the policy shall be
endorsed to provide contractual liability coverage.
3. Workers' Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
B. Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits:
1. Commercial General Liability insurance shall be written with limits
no less than $2,000,000 each occurrence, $2,000,000 general
aggregate and a $2,000,000 products-completed operations
aggregate limit.
2. Automobile Liability insurance with a minimum combined single
limit for bodily injury and property damage of $2,000,000 per
accident.
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EXHIBIT B (Continued)
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability
insurance:
1. The Contractor's insurance coverage shall be primary insurance as
respect the City. Any Insurance, self-insurance, or insurance pool
coverage maintained by the City shall be excess of the Contractor's
insurance and shall not contribute with it.
2. The Contractor's insurance shall be endorsed to state that coverage
shall not be cancelled by either party, except after thirty (30) days
prior written notice by certified mail, return receipt requested, has
been given to the City.
3. The City of Kent shall be named as an additional insured on all
policies (except Professional Liability) as respects work performed
by or on behalf of the contractor and a copy of the endorsement
naming the City as additional insured shall be attached to the
Certificate of Insurance. The City reserves the right to receive a
certified copy of all required insurance policies. The Contractor's
Commercial General Liability insurance shall also contain a clause
stating that coverage shall apply separately to each insured against
whom claim is made or suit is brought, except with respects to the
limits of the insurer's liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than ANII.
E. Verification of Coverage
Contractor shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the Contractor before commencement of the work.
F. Subcontractors
Contractor shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Contractor.
A --,-a)Rr'® CERTIFICATE OF LIABILITY INSURANCE 2/19�016
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to
the forms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER OP CT Debra WinstonCR
r_ _
HUMBLE & DAVENPORT INS BROKERS INC xGnE (42$)226-8221 Ile No).(a25)255-9342
3500 Maple Valley Hwy Ae aL ,debrapgh_umbledavenport,com
INSURER(W AFFORDING COVERAGE NAICri
Renton WA 98058 INSURER A:Western National Assurance 24465
INSURED INSURER B
Styro Recycle LLC INSURER Off.
PO Box 834 INSURER O:
Milton WA 98354 INSUREBP:
COVERAGES CERTIFICATE NUMBER:GLAL REVISION NUMBER:
THIS IS TO CERTIFY THAT 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 AHICH 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.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
TYPE OF INSURANCE R POLICY NUMB POLICYE P POLICY P UrdnS
Vm GENERAL LIADNTY EACHOCCURRENCE $ 1,000,000
X COMMERCIAL GENERAL LIABILITY PRE ISE6 .e 5—N 100,000
A CLAIMSMADE OCCUR X PP1019690 /25/2015 /25/2016 M8OEXPAnIonQP0M0n S 5,000
PERSONAL BADV INJURY 5 1,000,000
GENERALAGGREGATE S 2,000,000
GEN'L AGGREGATE UNIT APPLIES PER: PRODUCTS-COMPIOP ADD S 2,000,000
X POLICY P LOC $
AUTOMOaILE IJARILITY JP.
ddeOnl LIMITGLE 1 000 a 0,00
ANY AUTO COMY INJVRY(Pef person) S
AI
ALLOV,NEO X SCHEDULED X $P7019266 /25/2015 /25/2016 Y INJURY(Pef Bcclden0 S
COM
AUTOS AUTOS
HIRED AUTOS X AUTOSEO R GEal Dam o S ACV
X UMBRELLALIAS X Up EACH OCCURRENCE $ 1,000,000
A EXCESSLIAD zau'SMADE nibxella AGGREGATE $ 1,000,000
OED X RETENTION 10,00 X 100565§ /25/2015 /25/2036 $
A WORI(ERS COMPENSATION W STATU• I X OTH-
AND EMPLOYERS'UABILD'Y Qaylltm
ANY PROPRIETORiPARTNERIEXECUTIVE� NIA Step Gap E.L EACH ACCIDENT $ 1 000,y000
OFFICERIMEMBER EXCLUDED? PP1019690 /25/2015 /25/2016 E.L.DISEASE-EA EMPLOYE S 1 000 000
(Mandatory In NHI
DrySS, IF"T 9UOTO
nE6CRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT 5 1 000 000
DESCRIPTION OF OPERAnoNs 1 LOCATIONS I Ve tOLES tAMO ACORD 101,AEEIVonal Ramada.Schedul3,"nmfe space is req,dlnd)
Certificate holder is included as additional insured with respects to work par£octad by the named insured
per WNGL49 on the Genaral Liability and WNCA27 on the auto.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
City of Kent
220 Fourth Avenue South
Kent, WA 98032 AUTHORI2ED REPRESENTATIVE
Debra Winston/DEBRA " ''''" C'4�•""'o .�
ACORD 25(2010105) 01988.2010 ACORD CORPORATION. All rights raserved.
INS026(2010N).01 The ACORD name and logo are registered marks of ACORD
I
C P P I O19690
COMMERCIAL.GENERAL LIABILITY
WN'GL 49 of gs
THiS ENDORSEMENT.CHANGES THE POLICY. PLEASE REAL]MCAREFULk:1'.
ADDITIONAI . INSURED - OWNERS, LESSEES OR,
CONTRACTORS AUTOMATIC,STATUS WHEN
REQUIREDIN CONSTRUCTION AGREEMENT WITH. YOU
PRiINlAR' AND NONCONTRI)3UTORY
Tjris endorsement modgiies insurance provided UnOerthefoliming:
COMMERCIAL GENERAL LIABILITY COVERA6a PART
A: Section I'—Who Is 11n Insurtsd is amended to in- a, The:praparing, apPraving; or fiagbtg.to pro-;
ciude as an add"onal:jnsured any person of organ- pare or approve,Wraps, shop drawings;ople-
¢aE On
for,whom' You are performing operations ions, reports, surveys, field orders, change,
when>ynp and such,person or orgah adon have orders or draWir gs and spectficauons;or
agreed in
in a contract d[ agreemont.tliat . b, 5ripaMsoty, ,inspecdon, archltecturol ore r
sunk person o[ arganlxaiion be added as anaddF
ttonal insured on your policy.Such person or organ gineedng aedOes•
rattan Is an addltional insured icily will respect to 2. °6odihr injury .ar.!'property damage" octurrin9
IlabiNty for "bodlly'injury", "properly damage" or alter
'personal and advartising Inluty" caused, in whole
or in part ,by, a, All work, Including materials, parts or equlp�
meat furnished in connection with such
1, Your acts or ornisMonsi or work, on`the project :(other than service,
2. The acts of omisslons of those acting an your maintehance or repairs)to be performed by
behalf or,on behalf:of'the additional Insured(s) :at
the location of the covered operadons'has
in the.performance of your ongoing operations for beers completed;.or
the addRionai insuredC b. That portion of'your work' out of which the.
A person's.or organiz tion's status as an additional injury or damage arlsas'ha9 been put to as
insured uhder this endorsement ends when your intended use.by any person pr afganitatlon
operations for that additional :Insured are :cam- •other than another contractor ors4bcantrac-
pieced; ,tor. engaged in petformtn9 operations for a
S. The Limits of Insurance appJ16.ble to the additional principal as a part of the same prcijett.
insured arethose specified ln1he wMtart contract 13:As respects the coverage provided under this en-
or written agree, lint. Fn tlra 1)00arafians of+this dorsement,Faragraph.4.b,.of the Offier,insurance
policy, whichevar is:less, These Um fs of.lnsur: Condition kdelgtod and replaced.bythe following:
ante are Inclusive of.and not in addiiffon to_ milts 4 Other:Insurance
o(Insurance shoWn in the peclarellons,
C, With respact to the Insurance afforded to lhese ad- b, Excise,Insurance
dil onal insureds,The fbiloWmg,additional exclusions : Tils.lnsuranee 1S excess. over any;other in.
apppa surance naming the additional insured as'an
This insurance does hot apply td: Insured whether prlmaiy, excess, contingent
or on any other.basis unless the written con-
1. "Bodily injury", ^property damaga" or"personal tract or agr¢ement desalbad in A.'Above
and l yeRlsing Iujury"arising outof the render specifically raquires that this lnsuranca :be
(ng af; or the fatlhre to render,any pro
fessional Provided.on either a pprimacy_basis ar a-prF
archltoctural, englrieenngorsurveyingservices, maryandnoncontributorybasis,.
including:
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CPP1019286
W N CA 27 11 12
BUSINESS AUTO ENHANCEMENT ENDORSEMENT
The Business Auto Enhancement Endorsement is an optional endorsement that provides coverage enhancements.
The following is a summary of broadened coverages provided by this endorsement. No coverage is provided by this
summary, refer to following endorsement for changes in your policy,
SUMMARY OF COVERAGES PAGE
Accidental Airbag Deployment Coverage 4
Auto Loan/Lease Gap Coverage 4
Blanket Additional Insured 2
Blanket Waiver of Subrogation 5
Broadened Definition of Insured Includes:
Newly Acquired Organizations for up to 180 Days 2
Employees as Insureds 2
Subsidiaries in Which You Own 50%or More 2
Broadened Definition of Bodily Injury to Include Mental Anguish 5
Deductible Waiver for Glass Repair 3
Employee Hired Auto 2,5
Fellow Employee Coverage 3
Hired Auto Physical Damage Coverage 3
Knowledge of Accident, Claim, Suit or Loss 4
Loss Of Use Expenses -Amended 3
Personal Effects 3
Rental Reimbursement Coverage 3
Supplementary Payments-Amended: 2
Bail Bonds up to$5,000
Loss of Earnings up to$SOO/Day 2
Transportation Expense Limits—Amended 3
Unintentional Failure to Disclose Hazards
S
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WNCA271112
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
BUSINESS AUTO ENHANCEMENT ENDORSEMENT
i
This endorsement modifies the insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
I
With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless
modified by this endorsement. The SECTIONS of the Business Auto Coverage Form identified in this endorsement
will be amended as shown below.
SECTION II — LIABILITY COVERAGE f. Any"employee" of yours is an "insured" while
AMENDMENTS using a covered "auto"you don't own, hire or
borrow in your business or your personal
A. Who Is An Insured—amended affairs.
SECTION 11 — LIABILITY COVERAGE, Item A. g, Any "employee" of yours is an "Insured"while
Coverage, 1. Who Is An Insured is amended to operating a covered "auto" hired or rented
add: under a contract or agreement in the
d. Any legally incorporated subsidiary of yours in "employee's" name, with your permission,
while performing duties related to the conduct
which you own more than 50% of the voting
stock on the effective date of this coverage of your business.
form. B, Blanket Additional Insured
However, "insured" does not include any Section II — LIABILITY COVERAGE, Item A.
subsidiary of yours that is an "insured" under Coverage, 1. Who Is An Insured, paragraph c.
any other automobile liability policy, or would is amended to add the following:
be an "insured" under such policy but for
termination of such policy or the exhaustion Any person or organization who is required under
on such policy's limits of insurance. a written contract or agreement between you and
that person or organization, that Is signed and
e. Any organization which is newly acquired or executed by you before the "bodily injury' or
formed by you and over which you maintain property damage" occurs and that is in effect
majority ownership, However, coverage during the policy period, to be named as an
under this provision: additional insured is an "Insured" for Liability
(1) is afforded only for the first 180 days after Coverage, but only for damages to which this
you acquire or form the organization or insurance applies and only to the extent that
until the end of the policy period, persons or organization qualifies as an "insured"
whichever comes first; under the Who Is An Insured provision contained
in Section 11.
(2) does not apply to "bodily injury' or C. Liability Coverage Extensions
property damage" that results from an —
"accident" that occurred before you Supplementary Payments
formed or acquired the organization; SECTION II — LIABILITY COVERAGE, Item A.
(3) does not apply to any newly acquired or Coverage, 2. Coverage Extensions, a.
formed organization that is a joint venture Supplementary Payments is amended by
or partnership; and replacing subparagraphs (2) and (4) with the
following:
(4) does not apply to an "insured" under any
other automobile liability policy, or would (2) Up to $5,000 for cost of bail bonds (including
be an "insured" under such a policy but bonds for related traffic law violations)required
for termination of such policy or the because of an "accident" we cover. We do
exhaustion of such policy's limits of not have to furnish these bonds.
insurance, (4) All reasonable expenses incurred by the
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WN CA 27 11 12
"Insured" at our request, including actual loss Causes of Loss, or Collision coverages are
of earnings up to $500 a day because of time provided under this coverage form for any
off from work. auto" you own, then the Physical Damage
Coverages provided are extended to "autos"
D, Fellow Employee Coverage you hire of like kind and use, subject to the
SECTION II — LIABILITY COVERAGE, B. following:
Exclusions, S. Fellow Employee does not apply. a. The most we will pay for any one"loss" is
$50,000 or the actual cash value or cost
SECTION III - PHYSICAL DAMAGE COVERAGE to repair or replace, whichever is less,
AMENDMENTS minus a deductible;
A, Transportation Expense—Limits Amended b. The deductible will be equal to the largest j
SECTION III — PHYSICAL DAMAGE deductible applicable to any owned "auto"
for that coverage. Any Comprehensive
COVERAGE, A, Coverage, 4. Coverage deductible does not apply to"loss"caused
Extensions, a. Transportation Expenses is by fire or lightening;
amended by replacing $20 per day/$600
maximum limit with$50 per day/$1000 maximum. c. Hired Auto Physical Damage coverage is
excess over any other collectible
B. Hired Auto Physical Damage — Loss Of Use insurance;and
Expenses—Limits Amended
d. Subject to the above limit, deductible and
SECTION III — PHYSICAL DAMAGE excess provisions we will provide
COVERAGE, Item A. Coverage, 4, Coverage coverage equal to the broadest coverage
Extensions, b. Loss of Use Expenses is applicable to any covered"auto"you own.
amended by replacing the $20 per day/$600 if a limit for Hired Auto Physical Damage Is
maximum limit with $50 per day/$750 maximum indicated in the Declarations, then that limit
limit, replaces, and is not added to, the $50,000 limit
C. Personal Effects Coverage indicated above.
SECTION III — PHYSICAL DAMAGE F. Rental Reimbursement
COVERAGE, Item A., Coverage, 4. Coverage SECTION III — PHYSICAL DAMAGE
Extensions is amended by adding the following: COVERAGE Item A. Coverage, is amended by
c, Personal Effects adding the following:
We will pay up to $500 for "loss" to personal 6. This coverage applies only to a covered"auto"
effects,which are: of the private passenger or light truck type as
follows:
(1) Owned by an"insured"; and
a. We will pay for rental reimbursement
(2) In or on your covered"auto." expenses incurred by you for the rental of
This coverage a lies only to the event of the total a private passenger or light truck type
applies y auto" because of "loss" to a covered
theft of your covered"auto."No deductible applies private passenger or light truck type
to this coverage "auto". Payment applies in addition to the
D. Glass Repair—Deductible Waiver otherwise applicable amount of each
coverage you have on a covered private
SECTION fit — PHYSICAL DAMAGE passenger or light truck type "auto:' No
COVERAGE, Item A. Coverage, 3. Glass deductibles apply to this coverage.
Breakage, is amended by adding the following: b. We will pay only for those expenses
No deductible will apply to glass breakage if such incurred during the policy period
glass is repaired, in a manner acceptable to us, beginning 24 hours after the "loss" and
rather than replaced, ending, regardless of the policy's
expiration, with the lesser of the following
E. Hired Auto Physical Damage number of days:
SECTION III — PHYSICAL DAMAGE 1, The number of days reasonably
COVERAGE, Item A. Coverage is amended by required to repair or replace the
adding the following: covered private passenger or light
truck type "auto". if "loss" is caused
S. If hired"autos"are covered"autos'for Liability by theft,this number of days is added
Coverage and if Comprehensive, Specked to the number of days it takes to
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WNCA271112
locate the covered private passenger In the event of a covered total "loss" to a
or light truck type "auto" and return it covered "auto" described or designated in the
to you; or Schedule or in the Declarations, we will pay
2. 30 da s. any unpaid amount due on the lease or loan
y for a covered"auto'less:
c. Our payment Is limited to the lesser of the a. The amount paid under the Physical
following amounts: Damage Coverage Section on the policy;
1. Necessary and actual expenses and
incurred, or b. Any:
2. $50 per day, up to a maximum of
$1,000. (1) Overdue lease/loan payments at the
time of the"loss";
d. This coverage does not apply while there (2) Financial penalties imposed under a
are spare or reserve private passenger or
light truck type"autos"available to you for lease for excessive use, abnormal
your operation& wear and tear or high mileage;
e. if "loss" results from the total theft of a (3) Security deposits not returned by the
covered"auto"of the private passenger or lessor;
light truck type, we will pay under this (4) Costs for extended warranties. Credit
coverage only that amount of your rental Life Insurance, Health, Accident or
reimbursement expenses which is not Disability Insurance purchased with
already provided for under SECTION III— the loan or lease;and
PHYSICAL DAMAGE COVERAGE, A.
Coverage,4. Coverage Extension. (5) Carry-over balances from previous
For the purposes of this Rental Reimbursement loans or leases.
coverage, light truck is defined as a truck with a
gross vehicle weight of 10,000 lbs. or less as SECTION IV — BUSINESS AUTO CONDITION
defined by the manufacturer as the maximum AMENDMENTS
loaded weight the auto is designed to carry.
A. Duties In The Event Of Accident,Claim,Suit Or
G. Accidental Airbag Deployment Coverage Loss Amended
SECTION III — PHYSICAL DAMAGE SECTION IV — BUSINESS AUTO CONDITIONS,
COVERAGE Item A. Coverage is amended by A. Loss Conditions, 2, Duties In The Event Of
adding the following: Accident,Claim, Suit Or Loss,a. is amended by
7. We will pay to reset or replace factory adding the following:
installed airbag(s) In any covered "auto" for This condition applies only when the "accident"or
accidental discharge, other than discharge 'loss"is known to:
due to a collision loss.
This coverage is applicable only If (1) You, if you are an individual;
comprehensive coverage applies to the (2) A partner, if you are a partnership;
covered"auto".
(3) An executive officer or insurance manager, if
This coverage is excess over any other you are a corporation;or
collectible insurance or reimbursement by
manufacturer's warranty. (4) A member or manager, If you are a limited
liability company.
H. Auto Loan/Lease Gap Coverage
But, this section does not amend the provisions
SECTION III PHYSICAL DAMAGE COVERAGE, relating to notification of police, protection or
Item A., Coverage, is amended by adding the examination of the property which was subject to
following: the"loss".
8. This coverage applies only to a covered"auto"
described or designated in the Schedule or in
the Declarations as including physical
damage coverage.
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wN CA 27 11 12
B. Blanket Waiver of Subrogation D. Employee Hired Auto
Section IV — BUSINESS AUTO CONDITIONS, SECTION IV — BUSINESS AUTO CONDITIONS,
A. Loss Conditions, 5. Transfer of Rights of B.General Conditions,S. Other Insurance, b. is
Recovery Against others to Us, is amended by deleted and replace by the following:
adding the following exception:
b. For Hired Auto Physical Damage Coverage,
However, we waive any right of recovery we may the following are deemed to be a covered
have against any person or organization to the "autos"you own:
extent required of you by a written contract signed
and executed prior to any "accident" or "loss", (1) Any covered "auto" you lease, hire, rent
provided that the"accident"or"loss" arises out of or borrow.
operations contemplated by such contract. The (2) Any covered "auto" hired or rented by
waiver applies only to the person or organization your "employee" under a contract in that
designated in such contract, individual "employee's" name, with your
C. Unintentional Failure to Disclose Hazards permission, while performing duties
related to the conduct of your business.
SECTION IV — BUSINESS AUTO CONDITIONS,
B. General Conditions, 2. Concealment, However, any "auto" that is leased, hired, rented
Misrepresentation Or Fraud, is amended to add or borrowed with a driver is not a covered"auto".
the following paragraph:
If you unintentionally fail to disclose any hazards SECTION V—DEFINITIONS AMENDMENTS
existing at the inception date of the policy, or A, "Bodily Injury" Redefined To Include Mental
during the policy period in connection with any Anguish
additional hazards, we will not deny coverage
under this Coverage Part because of such failure. SECTION V— DEFINITIONS, C. "Bodily Injury"
is deleted and replaced by the following:
C. "Bodily injury"means bodily injury, sickness or
disease sustained by a person, including
death resulting from any of these at any time,
"Bodily injury" includes mental anguish or
other mental injury resulting from such bodily
injury.
III
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