Agenda Item No: 3.b
PLACENTIA CITY COUNCIL AGENDA REPORT
Meeting Date: November 19, 2024
Submitted by: Gabriel Guerrero-Gabany
From: Public Works
Subject:
Approval of Plans and Specifications and Award of Construction Contract to Sequel Contractors, Inc. for the Fiscal Year 2023-24 Arterial Street Rehabilitation Project, City Project No. 6098
Financial Impact:
Fiscal Impact:
Expense: $3,337,060.44 Total Construction Cost
$2,824,600.40 Construction Contract Amount
$ 282,460.04 Construction Contingency Amount
$ 120,000.00 Construction Inspection Costs
$ 110,000.00 City of Fullerton Reimbursement
Available
Budget:
$3,337,060.44 Total Project Budget
$1,497,000.00 Fiscal Year 2024-25 CIP (171301-6740)
$ 426,760.44 Fiscal Year 2024-25 CIP (181301-6740)
$ 25,000.00 Fiscal Year 2024-25 CIP (791301-6740)
$1,203,000.00 Fiscal Year 2024-25 CIP (791301-6740)
$ 185,300.00 Fiscal Year 2024-25 CIP (181301-6740)
RMRA Funds
Measure U
Citywide Storm Drain
Measure M
TOD Streetscape
Summary:
The scope of work for the Fiscal Year ("FY") 2023-24 Street Rehabilitation Project entails the rehabilitation of Chapman Avenue from Placentia Avenue to Kraemer Boulevard and Melrose Street from Orangethorpe Avenue to Crowther Avenue (Attachment 3), totaling approximately 500,000 square feet of roadways. In general, the work consists of pavement rehabilitation; replacement of damaged sidewalk, curb, and gutter; installation of new concrete bus pads; and new signing, striping, markings, pavement legends and sewer point repairs.
The City solicited competitive bids for the project. A total of five (5) bids were received for this project on October 24, 2024. These bids consisted of three portions: Bid "A" + Additive Bid "B" + Additive Bid "C". Bid "A" is the base bid which consists of the street rehabilitation, concrete work, and storm drain and sewer point repairs. Bid "B" is for adjusting water utility valves and Bid "C" is for sewer lining repairs. The grand total of all bids was used as the basis in determining the low bid for this project. The contract will be for the amount represented by the grand total. The low bid received from Sequel Contractors Inc. was found to be the lowest responsive and responsible bid received. Staff recommends that City Council award a 359
construction contract to Sequel Contractors Inc. in the amount of $2,824,600.40.
In addition to the construction cost, a ten percent (10%) construction contingency amount of $282,460.04 is provided to cover any unforeseen conditions found during construction. The total construction contract cost, including contingency, amounts to $3,107,060.44.
Recommendation:
Recommended Action: It is recommended that the City Council:
1. Approve the Engineered Plans and Specifications prepared by NV5 Inc. for the FY 2023- 24 Street Rehabilitation Project No. 6098; and
2. Approve a Public Works Agreement with Sequel Contractors Inc., for the FY 2023-24 Street Rehabilitation Project in the amount of $2,824,600.40; and
3. Reject all other bids received and authorize return of the bid bonds; and
4. Authorize the City Administrator to approve contract change orders up to ten percent (10%) of the contract amount, or $282,460.04, for a total construction contract not -to - exceed amount of $3,107,060.44; and
5. Approve a Cooperative Agreement with the City of Fullerton for the construction cost for Placentia's share of an adjacent roadway rehab project that is estimated to be $110,000, with the final cost to be based at actual construction completion; and
6. Approve a purchase order with Bowman Company to provide construction inspection and material testing services for a not -to -exceed amount of $120,000; and
7. Adopt Resolution No. R-2024-75, A Resolution of the City Council of the City of Placentia, California authorizing a budget amendment in Fiscal Year 2024-25 in compliance with City Charter of the City of Placentia §§1206 and 1209 pertaining to appropriations for actual expenditures; and
8. Authorize the City Administrator and/or his designee to execute all necessary documents, in a form approved by the City Attorney.
Strategic Plan Statement:
This item conforms to Strategic Plan Goal 5 and Objective 5.8, Implement the 2022 Pavement Management Plan Report to prioritize streets and roads.
Discussion:
The scope of work for the FY 2023-24 Street Rehabilitation Project includes the rehabilitation of Chapman Avenue from Placentia Avenue to Kraemer Boulevard and Melrose Street from Orangethorpe Avenue to Crowther Avenue that entails pavement rehabilitation; replacement of damaged sidewalks, curb, and gutter; installation of new concrete bus pads; and new signing, striping, markings, pavement legends and sewer point repairs. A total of 500,000 square feet of roadways will be rehabilitated as part of this project.
The City of Fullerton, as a part of its Orangethorpe Avenue from State College Boulevard to Placentia Avenue infrastructure improvement project, has agreed to pave a portion of the roadway within Placentia city limits. Taking advantage of the economy of scale of this project will allow Placentia to receive favorable unit prices and ensure consistency in the quality of work possible when a sole prime contractor is responsible for work within their limits. The cost to pave a portion of Orangethorpe Avenue will be approximately $110,000.
On October 24, 2024, the City received five (5) bids from contractors to construct the project.
The following table provides the total bid amounts received from each contractor:
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Contractor
Sequel Contractors,
Inc
All American Asphalt
RJ Noble Company
PALP Inc (Excel
Paving Co.)
CEM Construction
Corp
Bid Amount
$2,824,600.40
$2,890,588.00
$3,057,760.20
$3,458,439.80
$3,888,333.50
After reviewing the bids, it was determined that Sequel Contractors, Inc. submitted the lowest responsible bid. Staff reviewed and analyzed their bid proposal, and it was found to be responsive and valid. Based upon Sequel Contractors, Inc. reference check, and submitted bid, Staff recommends awarding a construction contract to Sequel Contractors, Inc. for the FY 2023-24 Street Rehabilitation Project.
A component of this project requires the allocation of funding for inspection and material testing services. The City requested four quotes from its on-call list of construction management and inspection consultants. The following table provides the total bid amounts received from each consultant.
Consultant
Ardurra Group
Berg & Associates
Bowman Co.
Z&K Consultants
Quote
$217,565
$197,179
$108,900
$125,640
After reviewing the quotes, it was determined that Bowman submitted the most favorable proposal, and staff recommends approving a purchase order in the amount of $108,900, with approximately 10% contingency, for a total not -to -exceed amount of $120,000 to Bowman for inspection and material testing services.
Fiscal Impact Summary:
The total construction cost for the Fiscal Year 2023-24 Street Rehabilitation Project amounts to $3,337,060.44. This cost consists of the bid amount submitted by Sequel Contractors, Inc. in the amount of $2,824,600.40, a construction contingency in the amount of $282,460.04, and construction inspection services with Bowman in the amount of $120,000.
Funding for this project is supported by numerous sources as outlined below:
Funding Source
FY24/25 Measure M Funds
FY24/25 SB1/RMRA Funds
FY24/25 Measure U Funds
FY24/25 Citywide Storm Drain
Impact Fee
Amount
$1,203,000.00
$1,497,000.00
$426,760.44
$25,000.00
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FY 24/25 TOD Streetscape
Impact Fee
Total
$185,300.00
$3,337,060.44
Attachments
Attachment 3 - Location Map.pdf
Attachment 4 - Co-op Agreement Fullerton.pdf
Attachment 1 - Arterial Rehabilitation Budget Amendment Resolution-R-2024-75.pdf Attachment 2 - Arterial Public Works Agreement.pdf
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Public Works Department
Updated in November 2024
— Project Area/Streets
Fiscal Years : 2023-2024
Total Sq. Ft : «500,000
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COOPERATIVE AGREEMENT
BETWEEN CITY OF FULLERTON AND CITY OF PLACENTIA
FOR FUNDING AND CONSTRUCTION OF THE
STREET IMPROVEMENTS AT THE SHARED INTERSECTION OF
ORANGETHORPE AVENUE AND PLACENTIA AVENUE
PART OF CITY OF FULLERTON PROJECT NO. 44062
This COOPERATIVE AGREEMENT ("Agreement") is made and entered into this 19th day of November 2024, by and between the CITY OF FULLERTON ("Fullerton"), a municipal corporation and general city, and the CITY OF PLACENTIA ("Placentia"), a municipal corporation and charter city (the "Parties").
RECITALS
A. Orangethorpe Avenue is an existing six -lane arterial street located on the border of Fullerton and Placentia, laying partially in Fullerton and partially in Placentia, as shown in the Project Location Map attached as Exhibit "A" and incorporated herein by reference.
B. Fullerton desires to construct certain street improvements in and upon Orangethorpe Avenue between State College Boulevard and Placentia Avenue (the "Project"), including improvements to the shared intersection of Orangethorpe Avenue and Placentia Avenue.
C. Placentia desires to have Fullerton improve the shared intersection as part of the Project.
D. Project improvements will include: 1) Mobilization; 2) Water Pollution Control; 3) Traffic Control; 4) Cold Mill (2"); 5) Asphalt Rubberized Hot Mix (ARHM); 6) Adjust Sewer Manhole to Grade — Placentia Std; and 7) Traffic Striping and Signage.
E. Fullerton has obtained a bid for the Project. Placentia has reviewed the bid and agrees with the scope of the work to be performed in Placentia as well as the contractor's estimated costs for their share of the project in Placentia. The bid, including the estimate for that portion of the work to be performed in Placentia, is attached as Exhibit "B" and incorporated herein by reference.
F. The Parties agree that Fullerton shall take the lead in managing the Project and that Placentia shall reimburse Fullerton for that portion of the work within Placentia according to the provisions set forth herein.
G. Each Party has authorized sufficient funds in its budget to cover the costs of the Project in its respective jurisdiction.
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AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals of fact, the mutual covenants and conditions contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
1. Proiect Funding Obligations.
1.1. Placentia will be responsible for one hundred percent (100%) of the cost for those portions of the Project that are located within Placentia ("Placentia Portion"), as set forth in Exhibit "B" ("Placentia's Costs"). Placentia will pay Fullerton directly, within forty- five (45) days after receipt of an invoice and statement of work confirming that the project has been completed.
1.2. Placentia will be responsible for its pro -rata share of Project design, construction, and engineering cost for work performed within the boundaries of Placentia, which is approximately $98,976.00 (or approximately 2.4% of the total Project cost of $4,111,152.00). Placentia's final cost shall be based on the actual cost at completion, not to exceed $110,000.00.
1.3. Fullerton will be responsible for one hundred percent (100%) of the cost for those portions of the Project which are located within Fullerton ("Fullerton Portion"), as set forth in Exhibit "B" ("Fullerton's Costs"). Fullerton will also be responsible for the cost of the bid preparation, and all costs associated with Project Management. Fullerton will pay the contractor directly and be reimbursed by Placentia as provided in Section 2.1.
2. Payment Obligation
2.1. Placentia shall pay for the Placentia Portion based on its proportionate share of the actual quantities as measured in the field. The contractor shall provide and verify such amounts to the satisfaction of Placentia. In the event of a dispute over the quantity allocations, the parties shall work cooperatively with the contractor to resolve such dispute.
3. Construction Responsibilities.
3.1. Project Engineer. Fullerton shall act as Project Engineer and be responsible for all tasks necessary to prepare construction plans, specifications and cost estimates in accordance with all applicable criteria from Fullerton, Placentia and Anaheim.
3.2. Utility Relocation/Impacts. Fullerton and Placentia shall work together to identify all conflicting utilities within the Project. Fullerton shall issue all utility relocation request letters or other communications with utilities.
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3.3. Proiect Plans. Insurance & Warranties.
a. Fullerton has submitted Project plans, specifications and the contractor's bid proposal to Placentia for review and approval and Fullerton has approved said Project plans, specifications and bid proposal. All work completed in Placentia shall be constructed per Placentia's specifications.
b. Fullerton shall require the contractor to identify the City of Placentia as an additional insured with insurance sufficiently broad to the satisfaction of Placentia. c. Fullerton shall require the contractor to pass through and assign all warranties to Placentia associated with the Placentia Portion of work.
3.4. Proiect Inspection. Placentia shall have access to the Project at all times during construction for the purpose of inspection. Placentia shall inspect the Placentia Portion regularly. Placentia agrees to cooperate with Fullerton on any joint inspections as requested by Fullerton. Should Placentia deem any remedial work to be necessary, Placentia shall notify Fullerton in writing thereof within three (3) business days of inspection, specifically describing the needed corrections and proposed remedial work.
Placentia shall be solely responsible for any remedial work that is not brought to Fullerton's attention in accordance with this paragraph.
3.5. Traffic Control. Traffic control for the Project may require road/lane closures and traffic signal management. The Parties agree that Fullerton shall take the lead in coordinating traffic control in and around the Project area and Placentia agrees to work cooperatively with Fullerton in traffic management.
3.6. Permits.
a. Fullerton shall obtain any and all permits required for the Project, including encroachment permits.
b. Placentia shall issue any required encroachment permits necessary for the Project at no charge.
3.7. Community Notification. Fullerton shall provide any and all required notification regarding the Project, including business and neighborhood community notifications.
3.8. Contract Chance Orders. Placentia shall review and upon approval pay for any contract change orders ("CCOs") deemed necessary by Fullerton for construction of the Project. If CCOs are needed within the Placentia Portion, Placentia shall review and approve such CCOs during construction and City Engineer, or designee, shall coordinate CCO approval. The City Engineer, or designee, (hereinafter "Project liaison") shall provide concurrence on CCOs within three (3) business days of Fullerton's submittal to Placentia. If Placentia fails to concur with or propose changes to CCO within such time, such CCO shall be deemed approved.
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3.9. Proiect Acceutance. Prior to Fullerton's acceptance of Project improvements and filing a notice of completion, Placentia's Project Liaison shall review and provide written approval of all Project work. Placentia will not accept their portion of the project until all work is 100% complete, per Section 3.4. Fullerton shall furnish Placentia with one set of record drawings for the completed Project and a copy of the filed notice of completion.
3.10. Placentia's Obligations Post -Construction. Upon Placentia's City Engineer written approval and Fullerton's final acceptance of the Project, Placentia shall assume ownership, maintenance obligations and environmental mitigation responsibilities for the portions of the project within the City of Placentia.
4. Miscellaneous Obligations.
4.1. Time is of the essence in the execution and performance of this Agreement.
4.2. Indemnification & Hold Harmless. The Parties shall indemnify, defend with counsel approved in writing, save and hold each other's elected officials, officers, directors, agents and employees harmless from any and all claims, injuries, liabilities, actions, damages, losses or expenses, of every type and description to which they may be subjected arising out of any act or omission of, its employees, representatives, agents and independent contractors in connection with the implementation of the actions described in this Agreement.
4.3. Assignment. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the Parties. No assignment of either Party's interest in this Agreement shall be made without the written consent of the other Party.
4.4. Entirety & Amendments. This Agreement contains the entire agreement between the Parties with respect to the matters provided for herein. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the Parties. No oral understanding or agreement not incorporated herein shall be binding on either Party.
4.5. Severabilitv. If any part of this Agreement is held, determined, or adjudicated to be illegal, void, or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible.
4.6. Notices. Notices or other communications which may be required or provided under the terms of this Agreement shall be given as follows:
CITY OF PLACENTIA
Public Works Department
401 E Chapman Ave
Placentia, CA 92870
Attn: Director of Public Works
CITY OF FULLERTON
Public Works Department
303 W Commonwealth Ave
Fullerton, CA 92832
Attn: Public Works Director
367
All notices shall be in writing and deemed effective when delivered in person or deposited in the United States mail, first class postage prepaid and addressed as above.
Notwithstanding the above, the Parties may also provide notices by facsimile transmittal, and any such notice so given shall be deemed to have been given upon receipt during normal business hours or, in the event of receipt after business, on the following business day. Any notices, correspondence, reports and/or statements authorized or required by this Agreement, addressed in any other fashion shall be deemed not given
4.7. Governing Law & Venue. This Agreement shall be governed by and construed under the laws of the State of California. In the event of any legal action to enforce or interpret this Agreement, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California, and the Parties agree to submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394.
4.8. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
4.9. Termination. In the event either party defaults in the performance of any of it obligations under this Agreement or materially breaches any of the provisions of this Agreement, the non -breaching Party shall have the option to terminate this Agreement upon thirty (30) days' prior written notice to the other Party. In the event the breaching Party cures such default within such thirty (30) day period, the election to terminate shall be deemed revoked and of no further force and effect as to that particular default.
4.10. Consent to Breach Not Waiver. No term or provision of this Agreement shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented. Any consent by any Party to, or waiver of, a breach by the other, whether express or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach IN WITNESS WHEREOF, the parties hereto have executed this Agreement by and through their authorized officers this 19th day of November 2024.
CITY OF FULLERTON
A Municipal Corporation
Date: /0 49 Atte By:
Stephen Else, Public Works Director
368
ATTEST:
Lucinda Willia
y
C -r
APPRO�E AS TO FORM:
E ON ITY ATTORNEY
Bv:
Richa
, City Attorney
CITY OF PLACENTIA,
A Municipal Corporation
Date: By:
Damien R. Arrula, City Administrator
ATTEST: APPROVE AS TO FORM:
PLACENTIA CITY ATTORNEY
Robert S. McKinnell, City Clerk
By:
Christian L. Bettenhausen,
City Attorney
369
Exhibit "A"
Project Location Map
370
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f
ck.
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P' ;
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LEGEND:CITY OF PORTI POE WORK
CENTER LINE
CITY LIMITS
—, —, — PROJECT LIMITS
ORANGETHORPE AVE
RJLLERTON CITY LI11.1I75
ANAH hl CITY LIIAITS
ATTACHMENT: EXHIBIT A -- LOCATION MAP
Exhibit "B"
Cost Sharing Amount:
City of Placentia
372
ORANGETHORPE STREET REHABILITATION
FULLERTON CITY PROJECT NO. 44062
PLACENTIA PORTION ONLY - PRELIMINARY ESTIMATE
Item Item Description
1 Mobilization
2 Water Pollution Control
3 Traffic Control
24 Cold Mill (2")
28 Asphalt Rubberized Hot Mix (ARHM)
45 Adjust Sewer Manhole to Grade - Placentia Std
48 Traffic Striping and Signage
(Total
Total Design $134,400 (Placentia Portion 5%)
10% Construction Contingency
ROUNDED TOTAL NOT TO EXCEED AMOUNT
1 of 1
Quantity Units Unit Price
0.05 0.05
0.05 20,711
259
2 0.08
Contract
Amount
LS $390,000.00 $19,500.00
LS $15,000.00 $750.00
LS $346,000.45 $17,300.02
SF $0.55 $11,391.05
TON $135.00 $34,949.81
EA $1,175.00 $2,350.00
LS $37,289.00 $3,165.13
1 I $89,406.02
$6,720.00
$8,940.60
$105.500.00
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RESOLUTION NO. R-2024-75
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PLACENTIA, CALIFORNIA AUTHORIZING A BUDGET
AMENDMENT IN FISCAL YEAR 2024-25 IN COMPLIANCE
WITH CITY CHARTER OF THE CITY OF PLACENTIA §§ 1206
AND 1209 PERTAINING TO APPROPRIATIONS FOR
ACTUAL EXPENDITURES.
A. Recitals.
(i). The adopted budget for the 2024-25 Fiscal Year sets out estimated appropriations for City expenses throughout the year.
(ii). From time to time the adopted budget must be adjusted when precise expenditures are finally determined or when estimated expenditures exceed projected costs allocated.
(iii). City Charter of the City of Placentia § 1206 authorizes the City Council to amend or supplement the budget by motion adopted by the affirmative votes of at least three members so as to authorize the transfer of unused balances appropriated for one purpose to another purpose, or to appropriate available revenues not included in the budget. All other legal prerequisites to the adoption of this Resolution have occurred.
B. Resolution.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLACENTIA DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
1. In all respects as set forth in the Recitals, Part A., of this Resolution.
2. The adopted budget for Fiscal Year 2024-25, Resolution No. R-2024-75, is hereby amended to adjust the following accounts as specified below:
Fund
Capital Project
Description
City of Fullerton
Reimbursement
Department
Public Works
GL Account
796098-6740
Amount
$110,000
Type
Expense
3. The Mayor shall sign this resolution, and the City Clerk shall attest and certify to the passage and adoption thereof.
Resolution R-2024-75
374
PASSED, ADOPTED AND APPROVED THIS 19th DAY OF NOVEMBER 2024.
Jeremy Yamaguchi, Mayor
ATTEST:
Robert McKinnell, City Clerk
STATE OF CALIFORNIA
COUNTY OF ORANGE
I, Robert McKinnell, City Clerk of the City of Placentia, do hereby certify that the foregoing resolution was adopted at a regular meeting of the City Council of the City of Placentia held on the 19th day of November 2024 by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
Robert McKinnell, City Clerk
APPROVED AS TO FORM:
Christian Bettenhausen, City Attorney
Resolution R-2024-75
375
CITY OF PLACENTIA
PUBLIC WORKS AGREEMENT FOR THE
FY 2023-24 ARTERIAL STREETS REHABILITATION PROJECT
THIS AGREEMENT (herein "Agreement") is made and entered into this 19th day of November 2024 by and between the CITY OF PLACENTIA, a municipal corporation and charter city, (herein "City") and SEQUEL CONTRACTORS INC. (herein "Contractor"). The parties hereto agree as follows:
WITNESSETH:
A. WHEREAS, City requires the construction of arterial street improvements as set forth more fully in this Agreement.
B. WHEREAS, Contractor represents to City that Contractor is qualified to perform said work and has submitted a proposal to City for the same.
C. WHEREAS, City desires to have Contractor perform said services on the terms and conditions set forth herein.
D. WHEREAS, no official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein and for good and valuable consideration, the receipt and sufficiency of which is acknowledged by both parties, City and Contractor hereby agree as follows:
1.0 DEFINITIONS
1.1 Definitions. As used in this Agreement, the following definitions shall be applicable:
(a) Contractor. Contractor shall mean Sequel Contractors inc. a (California corporation, partnership, individual) located at 13546 Imperial Highway Santa Fe Springs, CA 90670.
(b) City. City shall mean the City of Placentia, a Municipal Corporation and Charter City, located at 401 E. Chapman Ave,, Placentia, California 92870. (c) City Council. City Council shall mean the City Council of the City of Placentia.
(d) Contract Officer. Contract Officer shall mean the person designated by the City Administrator or City Engineer of City and shall have the duties set forth in Section 5.2.
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