HomeMy Public PortalAboutORD16203BILL NO. 2021-086
SPONSORED BY Councilmember Fitzwater
ORDINANCE NO. /GI 2..o3
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH CONCRETE
SOLUTION, LLC, IN THE AMOUNT OF $856,489.74 FOR THE GRANT STREET
SIDEWALK AND ROADWAY PROJECT.
WHEREAS, Concrete Solution, LLC has become the apparent lowest and best bidder
on the Grant Street Sidewalk and Roadway project.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF
JEFFERSON, MISSOURI, AS FOLLOWS:
Section 1. The bid of Concrete Solution, LLC is declared to be the lowest and best
bid and is hereby accepted for the Grant Street Sidewalk and Roadway project.
Section 2. The Mayor and City Clerk are hereby authorized to execute an
agreement with Concrete Solution, LLC for the Grant Street Sidewalk and Roadway
project.
Section 3. The agreement shall be substantially the same in form and content as
that agreement attached hereto as Exhibit A.
Section 4. This Ordinance shall be in full force and effect from and after the date
of its passage and approval.
Passed: Abrizgey .Z/
Presiding Officer
ATTEST:
Approved:
a -ate -ate
Mayor Carrie Tergin
APPROVED AS TO FORM:
CITY OF JEFFERSON
CONSTRUCTION CONTRACT
THIS CONTRACT made and entered into the date last executed by .. a party as
indicated below, by and between Concrete Solution, LLC hereinafter referred to as
"Contractor", and the City of Jefferson, Missouri, a municipal corporation of the State
of Missouri, hereinafter referred to as "City".
WITNESSETH: That Whereas, the Contractor has become the lowest responsible
bidder for furnishing the supervision, labor, tools, equipment, materials and supplies
and for constructing the following City improvements:
Project No. 32164, Grant Street Sidewalk and Roadway.
NOW THEREFORE, the parties to this contract agree to the following:
1. Scope of Services.
Contractor agrees to provide all labor, equipment, hardware and supplies to perform
the work included in the project entitled "Grant Street Sidewalk and Roadway" in
accordance with the plans and specifications on file with the Department of Public
Works.
2. Payment.
The City hereby agrees to pay the Contractor for the work done pursuant to this
contract according to the payment schedule set forth in the Contract Documents upon
acceptance of said work by the Director of Public Works and in accordance with the
rates and/or amounts stated in the bid of Contractor dated February 8, 2022 which
are by reference made a part hereof. No partial payment to the Contractor shall
operate as approval or acceptance of work done or materials furnished hereunder.
The total amount of this contract shall not exceed Eight Hundred Fifty-Six Thousand
Four Hundred Eight Nine Dollars and Seventy-Four Cents ($856,489.74).
3. Manner and time for Completion.
Contractor agrees with the City to furnish all supervision, labor, tools, equipment,
materials and supplies necessary to perform said work at Contractor's own expense
in accordance with the contract documents and any applicable City ordinances and
state and federal laws, within 90 working days from the date Contractor is ordered to
proceed, which order shall be issued by the Director of Public Works within ten ( 1 0)
days after the date of this contract.
4. Prevailing Wages.
To the extent that the work performed by Contractor is subject to prevailing wage law,
Contractor shall pay a wage of no less than the "prevailing hourly rate of wages" for
work of a similar character in this locality, as established by Department of Labor and
Industrial Relations of the State of Missouri, and as established by the Federal
Employment Standards of the Department of Labor. Contractor acknowledges that
Contractor knows the prevailing hourly rate of wages for this project because
Contractor has obtained the prevailing hourly rate of wages from the· contents of the
current Annual Wage Order No. 28, Section 026, Cole County rates as set forth.
The Contractor further agrees that Contractor will keep an accurate record showing
the names and occupations of all workmen employed in connection with the work to
be performed under the terms of this contract. The record shall show the actual wages
paid to the workmen in connection with the work to be performed under the terms of
this contract. A copy of the record shall be delivered to the Purchasing Agent of the
Jefferson City Finance Department each week. In accordance with Section 290.250
RSMo, Contractor shall forfeit to the City One Hundred Dollars ($100.00) for each
workman employed, for each calendar day or portion thereof that the workman is paid
less than the stipulated rates for any work done under this contract, by the Contractor
or any subcontractor under the Contractor.
5. Insurance.
(a) The Contractor shall obtain and maintain during the term of the Project
and this Contract the insurance coverages at least equal to the coverages set forth in
this paragraph 7, and as further provided in the General Conditions, but no event less
than the individual and combined sovereign immunity limits established by Section
537.610 R.S.Mo. Insurance policies providing required coverages shall be with
companies licensed to do business in the State of Missouri and rated no less than AA
by Best or equivalent. All costs of obtaining and maintaining insurance coverages are
included in the Bid Amount and no additional payment will be made therefor by the
City.
Comprehensive General Liability Insurance
(including coverage for Bodily Injury and
Property Damage)
$500,000 per occurrence
$3,000,000 aggregate
Comprehensive
Insurance
Automobile Liability $500,000 per occurrence
$3,000,000 aggregate
(including coverage for Bodily Injury and
Property Damage)
Employer's Liability $3,000,000 bodily InJury by
accident (each accident)
$3,000,000 bodily -injury by
disease (each employee)
$3,000,000 bodily injury policy
limit
(b) Worker's Compensation -In addition, the Contractor and all
subcontractors shall provide Worker's Compensation Insurance in at least statutory
. amounts for all workers employed at the Project site.
(c) Builder's Risk -The Contractor shall also provide a policy of Builder's
Risk Insurance in the amount of 100% of the complete insurable value of the Project,
which policy shall protect the Contractor and the City, as their respective interests
shall appear.
(d) Owner's Protective Liability Insurance-The Contractor shall also obtain
at its own expense and deliver to the City an Owner's Protective Liability Insurance
Policy naming the City of Jefferson as the insured, in an amount not less than the
individual and combined sovereign immunity limits established by Section 537.610
R.S.Mo., except for those claims governed by the provisions of the Missouri
Workmen's Compensation Law, Chapter 287, RSMo. No policy will be accepted
which excludes liability for damage to underground structures or by reason of blasting, ·
explosion or collapse.
(e) Before commencing any work, the Contractor shall provide to the City
certificates of insurance evidencing the issuance and maintenance in force of the
coverages required by this paragraph 4. Each such certificate shall show the City,
and such other governmental agencies as may be required by the City to be insured
by underlying grant or contract relating to the Project, as an additional insured, and
shall bear an endorsement precluding cancellation of or change in coverage without
at least thirty (30) days written notice to the City. The City may waive any insurance
coverages or amounts required by this paragraph 4 when the City deems such waiver
to be in the interest of the public health, safety, and general welfare.
(f) Subcontracts -In case any or all of this work is sublet, the Contractor
shall require the Subcontractor to procure and maintain all insurance required in
Subparagraphs (a), (b), and (c) hereof and in like amounts.
(g) Scope of Insurance and Special Hazard. The insurance required under
Sub-paragraphs (b) and (c) hereof shall provide adequate protection for the Contractor
and its subcontractors, respectively, against damage claims which may arise from
operations under this contract, whether such operations be by the insured or by
anyone directly or indirectly employed by it, and also against any special hazards
which may be encountered in the performance of this contract. ~
NOTE: Paragraph (f) is construed to require the procurement of Contractor's
protective insurance (or contingent public liability and contingent property damage
policies) by a general contractor whose subcontractor has employees working on the
project, unless the general public liability and property damage policy (or rider
attached thereto) of the general contractor provides' adequate protection against
claims arising from operations by anyone directly or indirectly employed by the
Contractor.
6. Contractor's Responsibility for Subcontractors.
It is further agreed that Contractor shall be as fully responsible to the City for the acts
and omissions of its subcontractors, and of persons either directly or indirectly
employed by them, as Contractor is for the acts and omissions of persons it directly
employs. Contractor shall cause appropriate provisions to be inserted in all
subcontracts relating to this work, to bind all subcontractors to Contractor by all the
terms herein set forth, insofar as applicable to the work of subcontractors and to give
Contractor the same power regarding termination of any subcontract as the City may
exercise over Contractor under any provisions of this contract. Nothing contained in
this contract shall create any contractual relations between any subcontractor and the
City or between any subcontractors.
7. Liquidated Damages.
The Contractor agrees and acknowledges that time is of the essence of this
Agreement and that delay in the prosecution of the Work and the Project will
inconvenience the public and increase administrative costs of the City, the costs of
which the Contractor and the City are incapable of ascertaining at this time. Should
the Contractor, or in the case of Contractor's default, the surety, fail to complete the
Work within the time stipulated in this Agreement, or within such extension of time as
may be allowed by the City in the manner set forth in the Contract Documents, the
Contractor (or surety, as applicable) shall pay to the City as liquidated damages, and
not as a penalty, the sum of Five Hundred Dollars ($500.00) for each calendar day
that the Work remains uncompleted after the time allowed for the completion, including
approved extensions. In the sole discretion of the City, the amount of the liquidated
damages may be deducted from any money due the Contractor under this Agreement.
Permitting the Contractor to finish the Work or any part thereof after the expiration of
the time for completion or any approved extension, shall in no way operate as a waiver
of the City of any of rights under this Contract.
8. Termination.
The City reserves the right to terminate this contract by giving at least five (5) days
prior written notice to Contractor, without prejudice to any other rights or remedies of
the City should Contractor be adjudged a bankrupt, or if Contractor should make a
general assignment for the benefit of its creditors, or if a receiver should be appointed
for Contractor or for any of its property, or if Contractor should persistently or
repeatedly refuse or fail to supply enough properly skilled workmen or proper material,
or if Contractor should refuse or fail to make prompt payment to any person supplying
labor or materials for the work under the contract, or persistently disregard instructions
of the City or fail to observe or perform any provisions of the contract.
9. City's Right to Proceed.
In the event this contract is terminated pursuant to Paragraph 8, then the City may
take over the work and prosecute the same to completion, by contract or otherwise,
and Contractor and its sureties shall be liable to the City for any costs over the amount
of this contract thereby occasioned by the City. In any such case the City may take
possession of, and utilize in completing the work, such materials, appliances and
structures as may be on the work site and are necessary for completion of the work.
The foregoing provisions are in addition to, and not in limitation of, the rights of the
City under any other provisions of the contract, City ordinances, and state and federal
laws.
1 0. Indemnity.
To the fullest extent permitted by law, the Contractor agrees to defend with counsel
selected by the City, and defend, indemnify and hold harmless the City, its officers,
engineers, representatives, agents and employees from and against any and all
liabilities, damages, losses, claims or suit, including costs and attorneys' fees, for or
on account of any kind of injury to person, bodily or otherwise, or death, or damage to
or destruction of property, or money damages, or trespass, or any · other
circumstances, sustained by the City or others, arising from the Contractor's breach
of the Contract or out of services or products provided by the Contractor or its
subcontractors under the terms of this agreement. The Contractor shall not be liable
for any loss or damage attributable solely to the negligence of the City. To the extent
required to enforce this provision, the Contractor agrees that this indemnification
requires the Contractor to obtain insurance in amounts specified in the Contract
Documents and that the Contractor has had the opportunity to recover the costs of
such insurance in the compensation set forth in this Agreement.
In any and all claims against the City or any of its agents or employees by any
employee of the Contractor, any Subcontractor, anyone directly or indirectly employed
by any one of them or anyone for whose acts any of them may be -liable, this
indemnification obligation shall not be limited in any way by any limitation on the
amount or type of damages, compensation or benefits payable by or for the Contractor
or any Subcontractor under workmen's compensation acts, disability benefit acts or
other employee benefit acts.
The Contractor shall reimburse to the City any costs and attorneys' fees that the City
may reasonably incur in pursuit of any remedies at law or equity or enforcement of
any rights established in this Contract, which may result from the Contractor's breach
of the Contract, the Contractor's failure to perform any obligation or requirement
contained herein, or the City's enforcement of this Contract.
11. Payment for Labor and Materials.
The Contractor agrees and binds itself to pay for all labor done, and for all the
materials used in the construction of the work to be completed pursuant to this
contract. Contractor shall furnish to the City a bond to ensure the payment of all
materials and labor used in the performance of this contract.
12. Supplies.
The Contractor is hereby authorized and directed to utilize the City's sales tax
exemption in the purchase of goods and materials for the project as set out in Section
144.062 RSMo 1994 as amended. Contractor shall keep and maintain records and
invoices of all such purchases which shall be submitted to the City.
13. Performance and Materialman's Bonds Required.
Contractor shall provide a bond to the City before work is commenced, and no later
than ten (1 0) days after the execution of this contract, guaranteeing the Contractor's
performance of the work bid for, the payment of amounts due to all suppliers of labor
and materials, the payment of insurance premiums for workers compensation
insurance and all other insurance called for under this contract, and the payment of
the prevailing wage rate to all workmen as required by this contract, said bond to be
in a form approved by the City, and to be given by such company or companies as
may be acceptable to the City in its sole and absolute discretion. The amount of the
bond shall be equal to the Contractor's bid.
14. Knowledge of Local Conditions.
Contractor hereby warrants that it has examined the location of the proposed work
and the attached specifications and has fully considered such local conditions in
making its bid herein.
15. Severability.
If any section, subsection, sentence, or clause of this Contract shall be adjudged
illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall not
affect the legality, validity, or enforceability of the contract as a whole, or of any
section, subsection, sentence, clause, or attachment not so adjudged.
16. Governing Law.
The contract shall be governed by the laws of the State of Missouri. The courts of the
State of Missouri shall have jurisdiction over any dispute which arises under this
contract, and each of the parties shall submit and hereby consents to such courts
exercise of jurisdiction. In any successful action by the City to enforce this contract,
the City shall be entitled to recover its attorney's fees and expenses incurred in such
action.
17. Contract Documents.
The contract documents shall consist of the following:
a. This Contract f. General Provisions
b. Addenda g. Special Provisions
c. Information for Bidders h. Technical Specifications
d. Notice to Bidders i. Drawing and/or Sketches
e. Signed Copy of Bid
This contract and the other documents enumerated in this paragraph, form the
Contract between the parties. These documents are as fully a part of the contract as
if attached hereto or repeated herein.
18. Complete Understanding, Merger.
Parties agree that this document including those documents described in the section
entitled "Contract Documents" represent the full and complete understanding of the
parties. This contact includes only those goods and services specifically set out. This
contract supersedes all prior contracts and understandings between the Contractor
and the City.
19. Authorship and Enforcement.
Parties agree that the production of this document was the joint effort of both parties
and that the contract should not be construed as having been drafted by either party.
20. Amendments.
..
This contract may not be modified, changed or altered by any oral promise or
statement by whomsoever made; nor shall any modification of it be binding upon the
City until such written modification shall have been approved in writing by an
authorized officer of the City. Contractor acknowledges that the City may not be
responsible for paying for changes or modifications that were not properly authorized.
21. Waiver of Breach .
Failure to Exercise Rights and Waiver: Failure to insist upon strict compliance with
any of the terms covenants or conditions herein shall not be deemed a waiver of any
such terms, covenants or conditions, nor shall any failure at one or more times be
deemed a waiver or relinquishment at any other time or times by any right under the
terms, covenants or conditions herein.
22. Assignment.
Neither party may sell or assign its rights or responsibilities under the terms of this
agreement without the express, consent of the remaining party.
23. Nondiscrimination.
Contractor agrees in the performance of this contract not to discriminate on the ground
or because of race, creed, color, national origin or ancestry, sex, religion, handicap,
age, or political opinion or affiliation, against any employee of Contractor or applicant
for employment and shall include a similar provision in all subcontracts let or awarded
hereunder.
24. lllegallmmigration.
Prior to commencement of the work:
A. Contractor shall, by sworn affidavit and provision of documentation, affirm its
enrollment and participation in a federal work authorization program with
respect to the employees working in connection with the contracted services.
B. Contractor shall sign an affidavit affirming that it does not knowingly employ
any person who is an unauthorized alien in connection with the contracted
services Contractor agrees in the performance.
C. If contractor is a sole proprietorship, partnership, or limited partnership,
contractor shall provide proof of citizenship or lawful presence of the owner
prior to issuance of the Notice to Proceed.
25. OSHA Training
Prior to commencement of the work:
A. Contractor shall provide a ten-hour Occupational Safety and Health
Administration (OSHA) construction safety program for their on-site employees
which includes a course in construction safety and health approved by OSHA
or a similar program approved by the department which is at least as stringent
as an approved OSHA program.
B. All employees subject to this provision are required to complete the program
within sixty days of beginning work on such construction project.
C. Any employee, agent or subcontractor of the Contractor subject to this
prov1s1on found on the worksite without documentation of the successful
completion of the course shall be afforded twenty days to produce such
documentation after which time they shall be removed from the project.
D. If Contractor fails the provisions of subsection A, B, or C, the Contractor shall
forfeit as a penalty two thousand five hundred dollars plus an additional one
hundred dollars for each employee employed by the contractor or
subcontractor, for each calendar day, or portion thereof, such employee is
employed without the required training. The penalty shall not begin to accrue
until the time period in subsections 8 or C, whichever is applicable, of this
section have elapsed.
E. The City shall withhold and retain from any amount due under the contract, all
sums and amounts due and owing as a result of any violation of this section
when making payments to the contractor under the contract. The contractor
may withhold from any subcontractor, sufficient sums to cover any penalties
the City has withheld from the contractor resulting from the subcontractor's
failure to comply with the terms of this section.
26. Transient Employers.
Every transient employer, as defined in section 285.230, RSMo, enclosed in the laws
section, must post in a prominent and easily accessible place at the work site a clearly
legible copy of the following: (1) The notice of registration for employer withholding
issued to such transient employer by the director of revenue; (2) Proof of coverage for
workers' compensation insurance or self-insurance signed by the transient employer
and verified by the department of revenue through the records of the division of
workers' compensation; and (3) The notice of registration for unemployment insurance
issued to such transient employer by the division of employment security. Any
transient employer failing to comply with these requirements shall, under section
285.234, RSMo, enclosed in the laws section, be liable for a penalty of $500 per day
until the notices required by this section are posted as required by that statue.
27. Notices.
All notices required to be in writing may be given by first class mail addressed to City
of Jefferson, Department of Public Works, 320 East McCarty, Jefferson City, Missouri,
65101, and Contractor at 1164 Hwy 100, Linn, MO 65051. The date of delivery of
any notice shall be the second full day after the day of its mailing.
CITY OF JEFFERSON
p.
Mayor: Carrie Tergin
2-22,-22
Date:
ATTEST:
APPROVED AS TO FORM:
CONTRACTOR
Conc Solutio • LLC
February 22, 2022
Date:
ATTEST:
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
320 EAST McCARTY STREET
JEFFERSON CITY, MISSOURI 65101
ACCOUNT NO. 45-990-577118
Change Order No. Two (2) Project No. 32164
Job & Location: GRANT STREET SIDEWALK AND ROADWAY
Contractor: Concrete Solution, LLC
Ord. No. 16203 Date: 12/14/2022
It is hereby mutually agreed that when this change order has been signed by the contracting parties, the following described changes
in the work required by the contract shall be executed by the contractor without changing the terms of the contract except as herein
stipulated and agreed.
DESCRIPTION OF CHANGES: This change order adjusts the contract quantities to match what was installed in the field.
Note: Item numbers prefixed with "EW" (Extra Work) are new line items to the contract.
Quantity in Revised Amount of
Item Quantity in Change Contract Overrun or
No. Description Unit Contract Order Quantity Unit Price Underrun
6 Straw Wattle LF 750 175 925 $4.00 $700.00
7 Rock Removal CY 100 -81.3 18.7 $100.00 ($8,130.00)
8 Modular Block Wall SF 2058 -147 1911 $27.03 ($3,973.41)
9 Modular Block Wall Cap Blocks LF 465 14.4 479.4 $7.92 $114.05
10 18" Toe Wall LF 27 -2 25 $75.00 ($150.00)
12 Reset Mailbox EA 5 -1 4 $200.00 ($200.00)
13 Adjust Water Meter Housing EA 7 -6 1 $300.00 ($1,800.00)
14 Adjust Utility Pull Box EA 2 -1 1 $200.00 ($200.00)
16 Sanitary Sewer Lateral LF 50 -50 0 $40.00 ($2,000.00)
21 15" Dia, RCP LF 4 -1 3 $250.00 ($250.00)
22 18" Dia. RCP LF 186 -4 182 $110.00 ($440.00)
23 24" Dia. RCP LF 5 0.5 5.5 $220.00 $110.00
25 Subgrade Stabilization TON 950 -291.5 658.5 $37.00 ($10,785.50)
26 Shot Rock Fill TON 1640 -766.6 873.4 $20.00 ($15,332.00)
27 3" Thick Compacted Stone Base SY 2567 171.5 2738.5 $6.00 $1,029.00
28 6" Thick Concrete Pavement SY 1181 153.1 1334.1 $72.00 $11,023.20
29 7" Thick Concrete Pavement SY 26 174.1 200.1 $100.00 $17,410.00
30 Asphalt Milling SY 3415 129.87 3544.87 $3.15 $409.09
31 Asphalt Wedging TON 125 -15.9 109.1 $127.65 ($2,029.64)
33 Asphalt Surface (1 1/2 " Street) SY 5279 106.9 5385.9 $9.00 $962.10
34 Asphalt Surface (2" Alley) SY 443 -2 441 $12.95 ($25.90)
35 8" Thick PCC Commercial Approach SY 89 -2.4 86.6 $100.00 ($240.00)
36 6" Thick PCC Residential Approach SY 16 -3 13 $100.00 ($300.00)
37 6" Thick Residential Driveway SY 70 32.9 102.9 $85.00 $2,796.50
39 Type "A" Curb and Gutter LF 2847 -368 2479 $33.00 ($12,144.00)
40 4" Thick Concrete Filler Strip SY 77 -8.6 68.4 $90.00 ($774.00)
41 4" Thick PCC Sidewalk SY 1157 3.7 1160.7 $63.00 $233.10
42 6" Thick PCC Sidewalk Ramp SY 72 5.4 77.4 $100.00 $540.00
44 Concrete Stairs (108 & 114 Grant Street) EA 2 -1 1 $2,500.00 ($2,500.00)
48 Handrail for Stairs LF 79 -22 57 $165.00 ($3,630.00)
51 Vehicular Guardrail LF 168 12 180 $64.00 $768.00
52 Relocate Signs/Group of Signs EA 10 -1 9 $100.00 ($100.00)
54 Share the Road Plaque, W16 -1P EA 2 -2 0 $80.00 ($160.00)
56 2" x 2" Square Perforated Steel Post EA 5 -1 4 $225.00 ($225.00)
58 24" Wide White Pavement Marking LF 92 -6 86 $8.00 ($48.00)
59 6" Wide White Pavement Marking LF 143 5 148 $6.00 $30.00
60 4" Wide White Pavement Marking LF 171 -126 45 $2.00 ($252.00)
61 4" WideYellow Pavement Marking LF 48 136 184 $4.00 $544.00
73 3" Dia. Conduit for Irrigation LF 75 20 95 $15.00 $300.00
74 Street Repair SY 18 21 39 $75.00 $1,575.00
76 Erosion Control Blanket SY 550 78.1 628.1 $3.00 $234.30
CONTRACTORS PROPOSAL FOR THE ABOVE DESCRIBED CHANGES:
I/We hereby agree to the modifications of the contract as described above and agree to furnish all materials and labor and perform all
work in connection therewith in accordance with the requirements for similar work in existing contract except as otherwise stipulated
herein, for the following considerations:
Contract Amount - Deduct $26,911.11 ( Hundred Twenty Six Thousand Nine Hundred Eleven Dollars and Eleven Cents)
from the Contract Amount
Contract Time - There is no change to the Contract Time
STATEMENT OF CONTRACT AMOUNT:
Amount % Change Time
ORIGINAL CONTRACT
PREVIOUS APPROVED CHANGE ORDERS
TOTAL THIS CHANGE ORDER
$856,489.74
$17,480.19
-$26,911.11
2.0%
-3.1%
90
0
0
TOTAL OF ALL CHANGE ORDERS
CONTRACT AMOUNT TO DATE
Concrete Solution, LLC
Recommended by:
Verification of Encumbrance:
Accepted by:
Approved as to Form:
-$9,430.92 -1.1%
$847,058.82
City En9ineer
(//14 7-ICCA-'1\fL.
Finance Director
Owner - City Administrator / May
0
90
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Date
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Date
Date