Cities Index.
Exhibit A(5) Contractor's Bid and Proposal

Emeryville City Council
October 18, 2022

Document
Exhibit A(5) Contractor's Bid and Proposal
Meeting
October 18, 2022
Body
Emeryville City Council
Original file
6.8 MB
Text extracted from the city's file for reading and search. Open the original on emeryville.legistar1.com. That file is the official record.

SECTION 1

BIDDER'S CHECKLIST
All items on the Bidder's Checklist should be checked next to each item and must be initialed and dated at the bottom for the Proposal to be considered complete. The City of Emeryville reserves the right to award a Contract in a manner and on the basis which will best serve the City.

The Bidders' attention is specifically called to the following forms which must be executed in full as required:

1. (a) Bid Sheets E
The Base Bid Price, Add Alternate Price and Total Bid Price must be shown in the space on the Bid Proposal form provided.
(b) Bid Proposal Form D
A Bid Proposal form must be filled in, signed and submitted for the Bid Documents to be considered complete.

2. Bidder's Bond (Accompanying Bid) D
If not otherwise providing cash, cashier's check or certified check with its Bid Proposal as its bid guaranty, a Bidder's Bond form must be filled out, signed, and submitted with the Bid Proposal for the Bid Documents to be considered complete. The surety's power of attorney must be attached. Original signatures are required.

3. Non-Collusion Declaration D
A Non-Collusion Declaration form must be filled out, signed, and submitted with the Bid Proposal for the Bid Documents to be considered complete.

4. Subcontractors List B
A Subcontractors List form must be filled out and submitted with the Bid Proposal for the Bid Documents to be considered complete.

5. Workers Compensation Certificate
The Bidder acknowledges that he/she must sign and attach any applicable Workers Compensation Certificate to the Bid Proposal.

6. Waste Management Plan B
Applicant is notified of need to prepare a Waste Management Plan as a project submittal.

On-line system is available at www.emeryville.wastetracking.com/# Check here signifies awareness of and intent to prepare, if awarded a contract.

7. Bond Requirements E
The Bidder understands that a performance bond issued by an approved surety equaling one hundred percent (100%) of the Total Contract Price amount will be required. A payment bond equaling one hundred percent (100%) of the Total Contract Price amount will also be required.

EPW 18-107 A-1

8. Addenda X
The Bidder acknowledges that he/she must sign and attach any applicable addenda to the Bid Proposal for the Bid Documents to be considered complete.

Initial:_KJW Date:_9/27/2022
EPW 18-107 A-2
SECTION 2
Not Used
EPW 18-107 A-3
SECTION 3

PROPOSAL
To the Honorable City Council of the City of Emeryville, Alameda County, California.

TRASH CAPTURE PROJECT
PROJECT NO. EPW 18-107
Name of Bidder . KJ WOODS CONSTRUCTION INC.

PO BOX 947
Street Address
SOUTH SAN FRANCISCO, CA 94083
City, State, Zip Code
Telephone No. (415) 759-0506
Email Address [email protected]
FOR USE WITH THE FOLLOWING:

1. The State of California Department of Transportation Standard Specifications, 2018, and the State of California Department of Transportation Standard Plans, 2018.

The Contract Drawings are generally titled TRASH CAPTURE PROJECT, Project No. EPW 18-107.

Bids are to be submitted for the entire work. The amount of the bid for comparison purposes will be the total of all items.

The Bidder shall set forth for each unit basis item of work a unit price and a total for the item, and for each lump sum item a total for the item, all in clearly legible figures in the respective spaces provided for that purpose. In the case of unit basis items, the amount set forth under the "Item Total" column shall be the product of the unit price bid and the estimated quantity for the item.

In case of discrepancy between item price and the total set forth for the item, the item price shall prevail, provided, however, if the amount set forth as an item price is ambiguous, unintelligible or uncertain for any cause, or is omitted, or in the case of unit basis items, is the same amount as the entry in the "Item Total" column, then the amount set forth in the "Item Total" column for the item shall prevail in accordance with the following:

EPW 18-107 A-4
PROPOSAL (CONT.) Project No. EPW 18-107
(1) As to lump sum items, the amount set forth in the "Item Total" column shall be the item price. (2) As the unit basis items, the amount set forth in the "Item Total" column shall be divided by the estimated quantity for the item and the price thus obtained shall be the item price.

If this proposal shall be accepted and the undersigned shall fail to enter into the Contract and furnish the two (2) bonds in the sums to be determined as aforesaid with surety satisfactory to the Department of Public Works and provide the appropriate insurance certificates within ten (10) calendar days after the Bidder has received notice from the City Engineer that the Contract has been awarded, the City may, at its option, determine that the Bidder has abandoned the Contract, and thereupon this proposal and the acceptance thereof shall be null and void and the forfeiture of such security accompanying this proposal shall operate and the same shall be the property of the City of Emeryville. If the deadline to perform any act shall fall on a Saturday, Sunday or legal holiday of the City, then the deadline to perform said act shall fall on the next regular business day.

The undersigned, as Bidder, declares that the only persons or parties interested in this proposal as principals are those named herein; that this proposal is made without collusion with any other person, firms, or corporation and in submitting this proposal, the undersigned Bidder agrees that he has carefully examined the location of the proposed work, the annexed proposed form of Contract, and the plans and specifications therein referred to; and he proposes, and agrees if this proposal is accepted, that he will contract with the City of Emeryville in the form of a copy of the Contract annexed hereto to provide all necessary machinery, tools, apparatus and other means of construction, and to do all the work and furnish all the materials specified in the Contract, in the manner and time therein prescribed, and according to the requirements of the City Engineer as therein set forth, and that he will take in full payment therefore the following item prices to wit:

EPW 18-107 A-5
BID SHEET FOR THE TRASH CAPTURE PROJECT City of Emeryville City Project No. EPW 18-107 Department of Public Works
Units of Measure Abbreviations are defined in Section One of the Standard Specifications Item Description Unit Estimated Unit Price Item Total
No. Quantity
1 SUPPLEMENTAL WORK EA 20000 $1.00 $20,000
2 MOBILIZATION LS 1
$30,000.00 $30,000.00
3 TRAFFIC CONTROL SYSTEM LS 1
$15,000.00 $15,000.00
4 WATER POLLUTION CONTROL PLAN AND LS 1
IMPLEMENTATION $10,000.00 $10,000.00
5 SHEETING SHORING AND BRACING PLAN AND LS 1
IMPLEMENTATION $100,000.00$100,000.00
6 EXCAVATION DEWATERING, STORMWATER FLOW LS 1
$10,000.00 $10,000.00

CONTROL PLAN AND IMPLEMENTATION
7 CLEARING, GRUBBING, DEMOLITION AND LS 1
PROTECTION OF EXISTING IMPROVEMENTS $10,000.00 $10,000.00 8 EXCAVATION, HAULING, AND CLASS II SOIL DISPOSAL TON 500 $75.00 $37,500.00 9 ASSUMPTION OF PROCUREMENT CONTRACT FOR LS 1
$265,566.00$265,566.00

SEPARATOR
10 ASSUMPTION OF PROCUREMENT CONTRACT FOR LS 1
$35,470.00 $35,470.00
INSTALL SEPARATOR WITH SLIDE GATES AND HATCH LS 1
INCLUDING GROUNDWATER HANDLING AND BACKFILL $123,000.00 $123,000.00 12 MINOR CONCRETE (12.5'x25' maintenance pad) SF 315
$50.00 $15,750.00
13 CONCRETE CURB AND GUTTER LS 1
$6,000.00 $6,000.00
14 SITE RESTORATION LS 1 $9,714.00 $9.714.00
TOTAL BID PRICE (including all taxes, fees, permitting and markups) $688,000.00 EPW 18-107 A-6
PROPOSAL (CONT.) Project No. EPW 18-107
Accompanying this proposal is_ BIDDERS BOND
(Notice: insert the words CASH ($), CASHIER'S CHECK, CERTIFIED CHECK, OR BIDDERS BOND in an amount equal to at least ten percent of the total of the Total Bid Price.

The names of all persons interested in the foregoing proposal as principals are as follows:

IMPORTANT NOTICE: If Bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof; if a co-partnership, state true name of firm, also names of all individual copartners composing firm; if Bidder or other interested person is an individual, state first and last names in full.

KJ WOODS CONSTRUCTION INC.

KIERAN WOODS, PRESIDENT

MARIE WOODS, SECRETARY
Licensed in accordance with an act providing for the registration of Contractors:
701797
Contractor: License No. .

Licensee Name KJ WOODS CONSTRUCTION INC.

KIERAN WOODS
License Qualifier
1/25/1995
Date Issued
Other License Classifications Hazardous Substances Removal: License No Licensee Name (May be Subcontractor)
License Qualifier
Date Issued
DIR Registration Number 1000002599
EPW 18-107 A-7
PROPOSAL (CONT.) Project No. EPW 18-107
ADDENDA This Proposal is submitted with respect to the changes to the contract included in addenda numbers_1 — (Fill in any addenda numbers if addenda have been received.)
By my signature on this proposal, I certify, under penalty of perjury, under the laws of the State of California, that the foregoing questionnaire and statements of Public Contract Code Section 10162, 10232 and 10285.1 are true and correct and that the Bidder has complied with the requirements of Section 8103 of the Fair Employment and Housing Commission Regulations (Chapter 5, Title 2 of the California Administrative Code. By my signature on this proposal, I further certify, under penalty of perjury, under the laws of the State of California, that the Non-Collusion Affidavit required by Public Contract Code Section 7106 is true and correct.

SIGN HERE>>> by: _ Van 4 as
its: PRESIDENT
Date: 9/22/2022

END OF PROPOSAL
EPW 18-107 A-8
SECTION 4

BIDDER'S BOND
KNOW ALL PERSONS BY THESE PRESENTS:

HARTFORD FIRE
That K.J. WOODS CONSTRUCTION, INCas Principal, and _INSURANCE COMPANY _ as Surety, are held and firmly bound unto the City of Emeryville, a municipal corporation located in Alameda County, State of California (hereinafter "City"), in the sum of ($) TEN PERCENT OF TOTAL AMOUNT BID, being at least ten percent (10%) of the total amount of the Grand Total Bid Price, for the payment of which sum in lawful money of the United States of America to the City of Emeryville we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, the Principal has submitted said bid to the City for the TRASH CAPTURE PROJECT, Project No. EPW 18-107 ("Project");
NOW, THEREFORE, the condition of the above obligation is such that if a Contract is awarded by the City within the time and in the manner required by the specifications for the Project, and a written Contract is entered into with the City and the requisite bond or bonds and insurance certificates are furnished, then this obligation shall become null and void, otherwise to remain in full force and effect for ninety (90) days following the public opening of bids for this solicitation.

In the event suit is brought upon this bond by the City and judgment is recovered, the Surety shall pay all costs incurred by the City in such suit, including a reasonable attorneys fee to be fixed by the Court.

Dated SEPTEMBER 17, 2022.

TO BE CONSIDERED COMPLETE, K.J. WOODS CONSTRUCTION, INC BOTH THE PRINCIPAL AND Principal

SURETY MUST SIGN THIS
BIDDER'S BOND. IN ADDITION, By: KIRAN, WOODS, RESTDENT

THE SURETY'S SIGNATURE MUST

BE NOTARIZED AND HARTFORD FIRE INSURANCE COMPANY
THE SURETY'S POWER OF ATTORNEY Surety
MUST BE ATTACHED. ORIGINAL
SIGNATURES ARE REQUIRED By:

KELT WHEATLEY, ATTORNEY IN-FACT
5000 HOPYARD ROAD, SUITE 325, PLESANTON. CA 9458
Address of Surety
EPW 18-107 A-9

CALIFORNIA NOTARY ACKNOWLEDGEMENT
(INDIVIDUAL)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of SAN MATEO
on 9/24/2022
_ before me, ANNETTE NICOLE ANDRADE, NOTARY PUBLIC _ insert name and title of the officer), personally appeared zuran. wwas _ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

ANNETTE N. ANDRADE
WITNESS my hand and official sea Notary Public - California San Francisco County
Commission # 2304684
My Comm. Expires Sep 12, 2023
Quiete Code
Signature (Seal)
Copyright © 2018 NotaryAcknowledgement.com. All Rights Reserved

CERTIFICATE OF ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF ALAMEDA
On _, 2022 before me,_ _ Notary Public,
personally appeared who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are ubscribed to the within instrument and acknowledged to me that he/she/they executed the same ir is/her/their authorized capacity(ies), and that by his/her/their sianature(s) on the instrument th person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: (Seal Above)

END OF BIDDERS BOND
EPW 18-107 A-10
Direct Inquiries/Claims to:

THE HARTFORD
BOND, T-11
POWER OF ATTORNEY One Hartford Plaza
Hartford, Connecticut 06155
Cal: 88.6-488 or Far: 860-75-5835
KNOW ALL PERSONS BY THESE PRESENTS THAT: gency Name: THE LIBERTY CO INS BROKERS LI gency Code: 57-15171
Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of Unlimited :

Robert W. Babcock, Tammy Bates, Robert Terrence Murphy, Keli Wheatley of PLEASANTON, California
their true and lawful Attorneys)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by X, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments 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 or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.

In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 23, 2016 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. 1887
2979
Shuby Wiggins Called Ratune
Shelby Wiggins, Assistant Secretary Joelle L. LaPierre, Assistant Vice President

STATE OF FLORIDA
SS. Lake Mary

COUNTY OF SEMINOLE
On this 20th day of May, 2021, before me personally came Joelle LaPierre, to me known, who being by me duly sworn, did depose and say: that (s)he resides in Seminole County, State of Florida; that (she is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that (s)he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that (s)he signed his/her name thereto by like authority.

Jessica Cicone
Jessica Ciccone
My Commission HH 122280
Expires June 20, 2025
I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of SEPTEMBER 17, 2022.

Signed and sealed in Lake Mary, Florida.

NCORPORATEL
2979 1879
Keith Poors
Keith D. Dozois, Assistant Vice President

ALASKA NOTARY ACKNOWLEDGEMENT
(INDIVIDUAL)
State of Alaska
3RD Judicial District (or County of ANCHORAGE
(or Municipality of ANCHORAGE
On this 17TH day of SEPTEMBER _ in the year 2022 _ before me, the undersigned notary public, personally appeared: KELI WHEATLEY known to me to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they executed the same for the purposes therein contained.
(Seal)
Acknowledgement

NOTARY PUBLIC
Title or Rank
18/2/5002
Serial Number, if any
и стат оны 12/5 eaaя

STATE OF ALASKA

NOTARY PUBLIC
Karen L. Cassel
My Commission Expires: December 15, 2022
Copyright ©2018 NotaryAcknowledgement.com. All Rights Reserved.

SECTION 5

NON-COLLUSION DECLARATION
The undersigned declares:

I am the PRESIDENT of KJ WOODS CONSTRUCTION INC. _, the party making the foregoing bid.

The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.

The undersigned declares under penalty of perjury that the information contained in this proposal and all accompanying documents are true and correct. 9/21/2022
Executed on
KJ WOODS CONSTRUCTION INC.

Legal Company Name
By: KIERAN WOODS
Title: PRESIDENT
Date: 9/21/2022
EPW 18-107 A-11
SECTION 6

SUBCONTRACTORS LIST
In accordance with Section 2-1.10 "Subcontractors List" of the Standard Specifications for this Contract, the following list of Subcontractors is submitted with the Proposal and made a part thereof.

1. Name of Subcontractor/Supplier Kingsborough Atlas Tree Surgery Inc 679146
License No.

Dept. of Industrial Relations Registration No. _ 1000006559 Address 1544 Ludwig avenue, Santa Rosa CA 95407
Work to be Performed Remove 48" Eucalypus tree
Bid Sheet Item No. 07 (Partial)

1.75%
Percentage of Item No. to be Performed
Dollar Value of Work $11,530.00

2. Name of Subcontractor/Supplier
License No.

Dept. of Industrial Relations Registration No.

Address
Work to be Performed
Bid Sheet Item No.

Percentage of Item No. to be Performed
Dollar Value of Work

3. Name of Subcontractor/Supplier
License No.

Dept. of Industrial Relations Registration No. _
Address
Work to be Performed
Bid Sheet Item No.

Percentage of Item No. to be Performed
Dollar Value of Work
EPW 18-107 A-12

4. Name of Subcontractor/Supplier
License No.

Dept. of Industrial Relations Registration No. _
Address
Work to be Performed
Bid Sheet Item No.

Percentage of Item No. to be Performed
Dollar Value of Work

5. Name of Subcontractor/Supplier
License No.

Dept. of Industrial Relations Registration No. _
Address
Work to be Performed
Bid Sheet Item No.

Percentage of Item No. to be Performed
Dollar Value of Work

6. Name of Subcontractor/Supplier
License No.

Dept. of Industrial Relations Registration No. _
Address.

Work to be Performed
Dollar Value of Work

7. Name of Subcontractor/Supplier
License No.

Dept. of Industrial Relations Registration No. _
Address.

Work to be Performed
Bid Sheet Item No.

Percentage of Item No. to be Performed
Dollar Value of Work
EPW 18-107 A-13
SECTION 7

WORKERS' COMPENSATION CERTIFICATE
To be executed by Bidder and submitted with bid
By signing below, Bidder is aware of the provisions of Section 3700 of the Labor Code which requires surance in yar tre ensured a prison or that wore, and i evaded a on and take el- nsurance in accordance with the provision of that code
comply with such provisions before commencing the performance of the work of this Contract.

KJ WOODS CONSTRUCTION INC.

Firm Name
= wo
Signature of Authorized Official
Printed Name of Authorized Official KIERAN WOODS

PRESIDENT
Title of Authorized Official
Date 9/22/2022
EPW 18-107 A-14
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TRASH CAPTURE PROJECT
PROJECT NO. EPW-18107
ADDENDUM NO. 1
September 20, 2022
To All Planholders:

Notice is hereby given of the following changes to the project documents:
1) Project Plan Sheets 5, 6, 9 and 10 of 10; The following changes are hereby made to the attached revised project plan sheets:

A) Sheet 5 of 10 "Demolition Plan" of the project plans has been modified to indicate revised asphalt concrete removal limits.

B) Sheet 6 of 10 "Improvements Plan" of the project plans has been modified to indicate a reduction in size of the maintenance slab from14' wide to 12.5 feet wide and do indicate revised limits of asphalt restoration.

C) Sheet 9 of 10 "Details" of the project plans has been revised to describe the inlet type to be Caltrans Type G3.

D) Sheet 10 of 10 "Slide Gate Details" of the project plans has been revised to clarify that the slide gate support beam and hardware is to be furnished and installed by the Contractor.
2) PART A - Bid Documents; Page A-6 Bid Sheet is hereby replaced with the attached Bid Sheet to reflect changes to the maintenance pad size related to Bid Item 12.
3) PART C - Special Provisions of the Project Documents is hereby revised as follows:

A) Section 10-5.14 Bid Item 14 - Site Restoration:

The following paragraph is hereby added to the item description:
"Anywhere soil has been disturbed on site the Contractor shall restore existing drainage grading and place 3" of bark mulch as reviewed and approved by the City Representative."
B) Section 10-3.11 Bid Item 11 - Install Separator With Slide Gates and Hatch Including Backfill:

EPW - 18107 Addendum No. 1 Page 1 of 2
Paragraph 2 of this Section is hereby replaced with the following paragraph to reflect that a Caltrans Type G3 inlet is to be installed as part of the work of this item.
"Furnishing of all materials to install the unit, hatch and associated piping, new Type G3 inlet, with the exception of procurement and delivery of the separator unit (Bid Item 9) and slide gates (Bid Item 10), is included in the work of this item."
C) Section 10-4.12 Bid Item 12 - Minor Concrete (14'x25' Maintenance Pad):

The Item Title, and all occurrences of the item title is hereby revised from: 10-

4.12 Bid Item 12 - Minor Concrete (14'x25' Maintenance Pad) To: 10-4.12 Bid Item 12 - Minor Concrete (12.5'x25' Maintenance Pad) 4) PART D - Section 3 - Trash Capture Device RFP: The attached RFP response is hereby incorporated into this section.
5) PART D - Section 4 - Slide Gates RFP: The attached RFP response is hereby incorporated into this section.

Notice is hereby given that the Bid Opening Date for the City of Emeryville Trash Capture Project, (EPW 18-107) is hereby revised to be Tuesday, September 27, 2022 at 10:00 a.m.:

Signature of this Addendum Sheet and inclusion of it with the Proposal is required at the time of bid opening.

Date: September 20, 2022 by:

Michael Roberts, PE
Senior Civil Engineer
Company Name: KJ WOODS CONSTRUCTION INC.

Authorized Name: KIERAN WOODS
Authorized Signature:

Date: 9/23/2022
-
EPW - 18107 Addendum No. 1 Page 2 of 2

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