Replacement Window Sub Contractor Agreement by pre80674


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                                   REQUEST FOR QUALIFICATIONS


                                   SPECIFICATION NO. PE09-0461F


Form No. SPEC-010B                                                Revised: 01/2006
                 Mark Percy
(253) 502-8414

COVER SHEET..............................................................................1
REQUEST FOR QUALIFICATIONS .............................................. 2
SPECIFICATION CONTENTS ....................................................... 3

1. INTENT ....................................................................................4
2. PROCESS……………………………………………………….....4
3. QUALIFICATIONS………………………....................................4
4. SUBMITTAL REQUIREMENTS ...............................................5

APPENDICES ...............................................................................6
    RFQ SIGNATURE SHEET ........................................................7
    REFERENCES FORM ..............................................................10
    PERSONNEL INVENTORY FORM...........................................11
    DRAFT CONTRACTOR AGREEMENT.....................................13

                                                                                                  Page 3 of 24
                               Request for Qualifications PE09-0461F
                           Single Family Weatherization Contractor Roster
                                                 For the
                                Single Family Weatherization Program


The intent of this Request for Qualifications (RFQ) is to create a roster of qualified
weatherization contractors for publication on Tacoma Power’s website, in printed program
materials distributed to interested potential customers and in program marketing. New and
updated submittals from qualified contractors will be accepted year around. Submittals
received after the deadline specified in this RFQ will be accepted, however the firms won’t be
placed into the Weatherization Contractor Roster until all of the qualifications have been
verified and the submittal requirements met.


Tacoma Public Utilities, Tacoma Power, conducts a rebate/and or loan program to assist in the
weatherization of electrically-heated, single-family residences built before 1988 located in
Tacoma Power’s service area..

Customers call Tacoma Power to inquire about the program and determine if they qualify for
participation. If qualified, a weatherization audit is scheduled and performed. Tacoma Power
identifies weatherization measures, including, but not limited to ceiling, floor, and wall
insulation, duct sealing and energy efficient windows. The customer then obtains bids from
contractors on Tacoma Power’s participating Weatherization Contractor Roster, selects a
contractor(s) to do the work, and submits the bid(s) for Tacoma Power approval. A contract is
prepared and executed by the customer and the City of Tacoma. A Summary of Measures/
Notice to Proceed is then sent to the selected contractor.

The work must be completed in compliance with Tacoma Power’s Weatherization
Specifications and the Contractor Agreement. Upon completion and successful inspection by
Tacoma Power staff, the contractor receives payment on behalf of the customer, utilizing
incentive and/or revolving loan funds.


To participate in the weatherization programs, qualified contractors must:
   • Identify weatherization measures for which they will submit bids
      o In order to perform duct testing and sealing, a technician must be Performance
           Tested Comfort System (PTCS) certified.
   • Agree to perform weatherization work in compliance with Tacoma Power’s
      Weatherization Specifications
   • Tacoma Power’s Weatherization Specifications may be found at the following website:‐energy/conserve‐at/weatherization/specifications.htm
   •     Attend a training session/contractor meeting on Tacoma Power’s Weatherization
         Specifications and weatherization processes.
   •     Provide three positive customer references from the previous six months or referrals
                                                                                     Page 4 of 24
         from other Weatherization Agencies/Utilities
   •   Enter into an agreement with Tacoma Power to participate in the Residential
       Weatherization program (See Appendix for draft Contractor Agreement)
   •   Provide Tacoma Power with written notice of intent before using a subcontractor for any
       portion of the work
       o Any sub-contractors must meet all requirements of this Request for Qualifications
   •   Possess a current Washington State general contractor’s license and provide a copy to
       Tacoma Power
   •   Possess a performance bond as required by applicable Washington State laws and
       regulations and provide an updated copy to Tacoma Power
   •   Carry Commercial General Liability Insurance in the amount of $1,000,000 single limit
       combined for personal injury and property damage; $2,000,000 aggregate and provide
       certificates of insurance to Tacoma Power
   •   Provide a warranty for all work to customers as specified in Tacoma Power’s
       Weatherization Specifications

Submittal Requirements

   1. Submit one original and two copies.
   2. Content:
   3. The City of Tacoma does not expect or require a large amount of preliminary work to be
      performed by firms responding to this RFQ. It is recommended that your submittal be
      limited to no more than 12 pages and include the following information:
      A. Summary of Weatherization History and Training, to include, but not be limited to:
          1) Years in Business
          2) Staff Training & Certifications
          3) Years of experience of field staff
          4) History of Working with other weatherization programs, agencies, and/or
          5) Any areas of specialty or expertise (i.e., sustainability)
      B. Three references from customers or from weatherization agencies and/or utilities
      C. List of Sub-Contractors (if used)
      D. Required Forms
          1) RFQ Signature Page
          2) Consultant Summary Sheet
          3) Personnel Inventory Form

Project Coordinator

The Weatherization Contractor Roster will be maintained by Tacoma Power’s Conservation
Resources Management. All submittals will be received by Purchasing, and then forwarded to
the Department for review and subsequent posting to the Roster if qualifications are met.

                                                                                  Page 5 of 24

                      RFQ Signature Sheet

             Single Family Weatherization Measures

           Summary of Weatherization History/Training

                        Reference Form

                   City of Tacoma HUB Office
              Personnel Inventory Form (CTAA 019)

                  Draft Contractor Agreement

                                                        Page 6 of 24
                                    NO. PE09-0461F

                           Single Family Weatherization Contractor Roster

Vendors shall submit one original and two copies of RFQ package.

The undersigned states that he or she is authorized to submit a proposal on behalf of the corporation, partnership,
or sole proprietorship listed below:

Mailing Address ___________________________________ City/State/Zip
Telephone Number ____________________________ Fax Number
Website Address ______________________________ E-Mail Address
Federal Tax ID Number ____________________WA St. Contractor’s License No.___________
Tacoma Business License No.
Printed Signature ____________________________________ Title
Signature __________________________________________ Date

Acknowledgment of Addenda, if applicable:

No. 1 _____ (initial) No. 2 _____ (initial)     No. 3 _____ (initial)


                                                                                                    Page 7 of 24
                                 Name of Firm__________________________

                      Single Family Weatherization Measures

Weatherization Measures to Include:

          Please indicate which services your firm is qualified to provide   Yes/No
          • Insulation
          • Window Replacement
          • Duct Sealing (PTCS Certification Required)
          • Duct Leakage Testing (PTCS Certification Required)
          • Air Sealing
          • Air Leakage Testing
          • Minor Home Repair
          • Ventilation

                                                                                      Page 8 of 24
                                Name of Firm__________________________

                      Summary of Weatherization History and Training

  1. Years in the weatherization business _________________

  2. Attach a list of field employees showing years of experiences and any certifications,
     using the format below:

Employee        Years of       Training        Date of         Certification   Date of
Name            Experience     Course          Training                        Certification

  3. Describe your firm’s history of working with other weatherization programs, agencies and
     or utilities and/or other areas of specialty or expertise.

                                                                                      Page 9 of 24
                                    Name of Firm__________________________



In accordance with the Submittal Requirements of this RFQ, prospective contractors must provide a list 
of 3 references.  These names should be individuals that you have completed work for in previous six 
months or from weatherization agencies and/or utilities.  Please complete the following information for 
your references: 



    Customer Name               Address/Phone                           Type of work and date 
















                                                                                             Page 10 of 24
                   City of Tacoma
                   Finance Department
                   HUB and LEAP Office
                   747 Market Street, Room 132
                   Tacoma, WA 98402
                   Telephone (253) 591-5825
                   Fax (253) 591-5757

                                                       PERSONNEL INVENTORY FORM

The Personnel Inventory Form (PIF) is a required form, please submit with bid documents. This form should be completed and signed
by a responsible official of the company.

Specification Number:                                         Project Description:

Company Name ______________________________________________________ Date

Street Address/City/State/Zip

Telephone _______________________________________________ Fax

             Job Categories              Total       Non           Total                                       American
                (Specify)              Employees   Minority      Minorities      Black          Asian           Indian    Hispanic
                                       M       F   M      F      M       F      M      F       M      F        M      F   M      F

1. Officials & Managers











___________________________________________________________ ____________________________________________________________
Signature of Responsible Official                                     Print or Type Name of Responsible Official


CTAA 019
10/2008 All other forms are obsolete                                                   SEE INSTRUCTIONS ON REVERSE SIDE
                                                                                                              Page 11 of 24
                              INSTRUCTIONS FOR COMPLETING
                               PERSONNEL INVENTORY FORM

1.        "Heading" the company name and address should reflect the unit actually doing business with the
City of Tacoma. If this address is different from that of the Equal Employment Opportunity Officer that
administers the EEO programs of the company, the Equal Employment Opportunity Officer's address
should be noted in the "Comments" section at the bottom of the form. "Telephone" should contain the
area code, telephone number and extension (if any) for the Equal Employment Officer or the responsible

2.      "Job Categories" at the extreme left hand column of the form specifying "Job Categories" lists
"Officials & Managers." You are to list in addition to Officials & Managers any appropriate job titles
such as Sales Workers, Office/Clerical, Professionals, Technical, etc., as they apply to your own

3.      The "M" and "F" headings at the top of each column refer to "Male" and "Female."

4.       The "Total Employees" column should list the total number of male employees under "M" and
the total female number of female employees under "F" for each job category listed. They should be
listed in a similar manner in the "Total" category at the bottom of the form. The "Total Employees"
column should include all those employees listed under "Non-Minority" and "Total Minorities." "Non-
Minority" should include all employees not listed in the minority columns.

5.       "Total Minorities" should include all employees listed under the "Black," "Asian," "American
Indian," and "Hispanic" columns. These columns should include only employees who are members of
that particular minority group. Designation and definitions of ethnic/national origin status follow the
instructions and definitions of the Federal EEO-1 Form of the U. S. Equal Employment Opportunity

6.      "Totals" this line should reflect the total of all lines in each of the above columns.

7.      The signature of your company's designated responsible official or similar official responsible for
equal employment opportunity must appear in the designated space at the bottom of the form. Please
PRINT OR TYPE the person's name on the top line across from the signature. This is required since
some signatures are difficult to read.

8.      "Comments" this section is to be used as needed for explanations to under utilization rate or lack
of turnover, proposed expansion or reduction of staff or any other pertinent information you believe will
help clarify or explain the data presented on the form. If you need additional space, please explain on a
separate sheet of paper.

9.      If you need assistance or have any questions regarding the completion of this form, please call the
City of Tacoma HUB and LEAP Office at (253) 591-5825.

                                                                                                 Page 12 of 24
                                          CITY OF TACOMA

                               DEPARTMENT OF PUBLIC UTILITIES

                                           TACOMA POWER

                                    CONTRACTOR AGREEMENT

This Agreement is made and entered into this ___________ day of ______________, 2009 (“Effective
Date”) by and between ______________________________________ hereinafter called "Contractor"
and the City of Tacoma, Department of Public Utilities, dba “Tacoma Power.”


Tacoma Power operates and funds a residential weatherization and associated minor repair program (the
“Program” and/or “Tacoma Power Weatherization Program”). This Program requires installation of
measures such as, but not limited to, insulation, windows, insulated pipe wrap and weather-stripping.
From time to time, the Program may also require minor home repairs such as, but not limited to, sill and
window frame replacement, door and door frame replacement, caulking, and floor or roof patching.

Tacoma Power considers a list of approved contractors for bidding on the work described in Tacoma
Power’s Weatherization Program to be advantageous to the effectiveness of that Program.


In consideration of the mutual benefits to be derived hereunder, the parties hereto agree as follows:

1. Term

This Agreement shall commence on the Effective Date stated above and shall continue until terminated
by either party. Termination may be with or without cause and shall be accomplished as follows:

    a. Termination for cause by Tacoma Power shall be in accordance with procedures for deleting the

                                                                                                Page 13 of 24
    Contractor from the approved contractor list, as specified in Section 11. In the case of the Contractor,
    by giving written notice to Tacoma Power at least seven (7) days in advance of the effective date of
    termination that the Contractor no longer desires to be included on the approved contractor list.

    b. Tacoma Power may terminate this Agreement without cause due to programmatic changes. In
    such event all agreements for weatherization contractor listing would be terminated at the same time.

2. Exhibits and Attachments

    a. Approved measures are listed in Attachment A. Tacoma Power may expand or reduce this list of
    measures or activities at its discretion.

    b. Upon execution of this Agreement, the Contractor will indicate in writing on Attachment A each
    measure or activity for which the Contractor will submit bids. The Contractor may, subject to
    concurrent approval by Tacoma Power, amend Attachment A from time to time to indicate measures
    or activities to be added or deleted from those the Contractor is prepared to perform.

    c. Attachment B, entitled Puget Sound Utilities Weatherization Specifications, details specifications
    for the Tacoma Power Weatherization Program

Attachments A and B may be changed at Tacoma Power’s sole discretion to reflect changes in Program
procedures, funding, specifications and descriptions.

3. Non-Exclusive Agreement

The Contractor understands and agrees that this is not an exclusive commitment to the Contractor by
Tacoma Power and that Tacoma Power will sign agreements similar to this one with other contractors.
Nothing in this Agreement shall constitute a commitment by Tacoma Power that any Owner will request a
bid from the Contractor or will enter into a contract with the Contractor.

4. Standards in Installation and Materials

The Contractor agrees to meet the minimum standards for materials and installation in accordance with
each specific Program's specifications and all applicable building and construction codes.

5. Provisional Listing

                                                                                                Page 14 of 24
Prospective contractors must provide to Tacoma Power a list of three references. Each new contractor
requesting to be added to the approved contractor list will be required to be present at the inspection of all
jobs until notified by Tacoma Power. The Contractor will be provisionally listed until three jobs have
passed on first inspection and the Contractor has demonstrated its ability to meet all other contract
requirements. A provisional listed Contractor with poor references or not completing these initial
requirements will be deleted from the approved contractor list.

6. Business Practices

The Contractor agrees to abide by all laws, ordinances, rules or regulations applicable to work undertaken
as a result of being included on the approved contractor list and, in addition, agrees to the following:

    a. Licensing and Bonding

    Except for non-profit entities, all Contractors must possess a current Washington State general
    contractor's license. A copy of the current license must be provided to Tacoma Power initially and at
    each renewal period as specified by Tacoma Power. Except for non-profit entities, all Contractors
    must possess a performance bond as required by applicable Washington State laws and regulations.
    The Contractor must notify Tacoma Power in writing of any changes to its license or bond status.

    b. Liability Insurance

    The Contractor agrees to carry Commercial General Liability Insurance, including coverage for
    completed operations and Blanket Contractual Coverage for damage to property or injury to persons
    which may result from work performed as a result of being included on the approved contractor list.
    Limits of liability shall not be less than $1,000,000 combined single limit for Personal and Property
    Damage. The insurance required of the Contractor hereunder must be satisfactory to Tacoma Power
    in all respects. The policy must contain a clause providing for thirty (30) or more days prior written
    notice to Tacoma Power of any change in coverage afforded by the policy or policies, including
    cancellation thereof. Certificates evidencing all such required insurance are to be submitted to
    Tacoma Power under the policy or policies prior to being listed as available to perform work.

    c. Warranty

    The Contractor will warrant its work to Tacoma Power’s customer as follows:

                                                                                                  Page 15 of 24
   (1) The Contractor installing insulation shall furnish each customer a warranty as to thermal and
   fire retardation properties and rodent resistance characteristics.

   (2) The Contractor shall warrant that any installed measure will have a useful life of at least two
   (2) years. The Contractor shall agree to remedy at its sole cost and expense any failure of the
   material or installation during this two year warranty. Sealed insulated glass units will be
   warranted for at least five (5) years.

   (3) The Contractor shall assign to each customer any and all warranties furnished by
   manufacturers of all materials installed.

   (4) The warranty requirements set forth in subsections (1) (2) and (3) above are minimum

   requirements only and are not meant to restrict the Contractor from furnishing additional
   warranties to customers. All warranties must be provided in writing to the customer by the

   (5) Tacoma Power does not guarantee or warrant the workmanship of the Contractors listed or
   materials supplied by the Contractors or material suppliers. Any representation by Contractor to
   the contrary shall be grounds for termination of this Agreement.

   (6) The Contractor agrees to repair or replace at its sole cost and expense any defects in
   workmanship or materials which are discovered and reported to the Contractor. This promise to
   repair and replace is made for the express benefit of customers affected and is enforceable by
   them as well as by Tacoma Power.

   (7) The Contractor agrees to participate in good faith, and at no cost to Tacoma Power or the
   customer, in any conciliatory conference that results from a customer grievance about work
   performed by the Contractor.

d. Assignment and Subcontractors

This Agreement and the performance of the work hereunder may only be assigned or delegated by the
Contractor to a party or subcontractor who is at all material times either registered as a Contractor or
licensed as an electrical contractor by the State of Washington. Written consent of Tacoma Power is
required before using any subcontractor.

                                                                                            Page 16 of 24
    e. Kickbacks and Fraud Prohibited

    The Contractor's bids shall represent offers for work actually to be performed and there shall be no
    payment for work not performed. Kickbacks, rebates or other non-program benefits from owners,
    suppliers, subcontractors or others are strictly prohibited. Violation of this provision shall be grounds
    for Contractor deletion pursuant to Section 11.

    f.   Collusion Prohibited

    The Contractor agrees and represents that the prices in said bids submitted or proposed for work to be
    eligible for assistance under Tacoma Power Weatherization Programs will be neither directly nor
    indirectly the result of any formal or informal agreement with another bidder. It is further agreed that

    the Contractor shall not submit a bid on any Program project on which a bid has been submitted by
    another business entity which is owned or controlled by the Contractor, or is a subcontractor of that

    g. Accessibility

    The Contractor must have local telephone answering and message taking capability during standard
    business hours.

7. Advertising

From time to time, Tacoma Power may advertise that information regarding conservation measures,
including the approved contractor list itself or portions thereof, are available to the public.

8. Spot Inspections

Tacoma Power may, but shall have no obligation to, inspect the work of the Contractor for the sole
purpose of determining the Contractor's compliance with this Agreement.

9. Indemnity

                                                                                                 Page 17 of 24
The Contractor is not an employee, agent, contractor, independent contractor, or in any manner a
representative of or for Tacoma Power. Tacoma Power does not assume responsibility nor shall it be
liable for any acts or omissions of the Contractor, nor for faulty or defective materials or workmanship
furnished by Contractor. The Contractor agrees to defend, indemnify and hold harmless Tacoma Power
and its directors, officers, employees, or agents from and against any and all claims, demands, suits, costs
of defense, attorney's fees, court costs, liabilities and expenses of any sort for damages to property or
injuries or deaths of persons in any way arising out of the Contractor's performance of work pursuant to
this Agreement or resulting from inclusion on the approved contractor’s list, whether or not such loss is
due to negligence of Tacoma Power and its appointed officers or employees. Tacoma Power is not
responsible for any loss resulting from delisting or failure to list the Contractor. For purposes of this
Indemnity clause, the Contractor recognizes that the Contractor is waiving immunity under Industrial
Insurance Law, Title 51 RCW and it is acknowledged and agreed that this waiver provision has been
mutually negotiated.

10. Principles

The Contractor shall provide a listing of all company owners prior to listing, at the annual anniversary
date, and as may be requested by Tacoma Power from time to time.

11. Contractor Deletion Procedures

A Contractor may be deleted from the approved contractor list for cause.

    a. Any one of the following occurrences shall be deemed just cause for deletion:

        (1) Accepting kickbacks, rebates or other non-Program benefits from owners, suppliers,
        subcontractors or others associated with Tacoma Power.

        (2) More than 20% of jobs undertaken per 90 day period are completed in greater than 90 days
        from the Notification Date.

        (3) A failure rate on the initial Tacoma Power inspection in excess of twenty percent (20 %) of
        the jobs undertaken by the Contractor in a given 90 day period.

        (4) A complaint rate in excess of twenty percent (20%) of jobs undertaken within a given 90 day
        period, concerning Contractor workmanship, materials, or business practices, providing that said

                                                                                                 Page 18 of 24
        complaints are considered valid by Tacoma Power. Complaints considered valid include but are
        not limited to: missed appointments, abusive behavior or language, verified threatening behavior,
        bodily harm to the customer or customer’s pet, damage to customer’s property, failure to
        complete corrective work within thirty (30) days, failure to respond to request for bids, and/or
        failure to provide 24-hour notice for in-progress inspection or three or more failed inspections of
        any individual job.

        (5) Failure to comply with the terms and conditions of this Agreement continuing ten (10) days
        after notice of said failure by Tacoma Power.

    b. Prior to deletion for cause from the approved contractor list, Tacoma Power will notify the
    Contractor of the proposed action and afford the Contractor an opportunity to discuss and propose a
    resolution of the problem(s). If the proposals of the Contractor are acceptable to Tacoma Power,

    deletion action may be withdrawn or postponed pending completion of any promised action by the
    Contractor. Tacoma Power reserves the right to delay the providing of any financial agreements to
    customers of the Contractor during this period and any subsequent probationary period.

    c. If a Contractor fails to complete the promised action in the time agreed upon, the Contractor will
    be deleted from the approved contractor list.

    d. If a Contractor completes the promised action in the time agreed upon, the Contractor may remain
    on the approved contractor list on a probationary basis. The terms and conditions of probationary
    listing shall be agreed upon by the Contractor and Tacoma Power and shall be specified in writing.

    e. If a Contractor is deleted from the approved contractor list, that Contractor will have thirty (30)
    days to complete existing Program projects. Following the thirty day period, Tacoma Power, at its
    sole option, may retain another Contractor to complete the outstanding project(s) and will deduct the
    cost of the work from any funds due the original Contractor, or if funds are insufficient, may bill the
    original Contractor.

    f. An initial case of deletion shall be for one (1) year, after which the Contractor may be reinstated
    to the list of approved contractors upon meeting the requirements in effect at that time. A subsequent
    deletion for cause shall be permanent.

12. Non-Waiver

Failure of Tacoma Power to insist upon strict performance of, or a waiver by Tacoma Power of any
breach of any of the terms, conditions, or obligations of this Agreement shall not be deemed a waiver of

                                                                                                 Page 19 of 24
any other term, condition, covenant or obligation, or of any subsequent default or breach of the same or
any other term, condition, covenant or obligation herein contained.

13. Non-Discrimination

The Contractor agrees to take all steps necessary to comply with all federal, state, and City laws and
policies regarding non-discrimination and equal employment opportunities. The Contractor shall not
discriminate in any employment action because of race, religion, color, national origin or ancestry, sex,
gender identity, sexual orientation, age, marital status, familial status, or the presence of any sensory,
mental or physical handicap. The Contractor will take affirmative action to ensure that applicants are
employed, and that employees are treated during employment without regard to their race, religion, color,
national origin or ancestry, sex, gender identity, sexual orientation, age, marital status, and/or familial
status, Such action shall include, but not be limited to the following areas: employment, upgrading,

demotion, transfer, recruitment advertising, layoff, termination, rates of pay, other forms of
compensation, and selection for training, including apprenticeship. These guidelines shall also be
followed in regard to the use of subcontractors. Annually, the Contractor will be required to complete a
census of employees and subcontractors on forms provided by Tacoma Power. In the event of non-
compliance by the Contractor with any of the non-discrimination provisions of this Agreement, Tacoma
Power shall be deemed to have cause to terminate this Agreement.

14. Legal Disputes

Contractor and Tacoma Power agree and stipulate that in the event any litigation should occur concerning
or arising out of this Agreement or any bids submitted in response to a call for bids pursuant to the
specifications in Attachment B, the sole venue of any such legal action shall be the Pierce County
Superior Court of the State of Washington and the interpretation of the terms of this Agreement shall be
governed by the laws of the State of Washington.

15. Modification

No modification or amendment of this Agreement shall be effective unless set forth in writing and signed
by the Parties.

AGREED AND ACCEPTED as of the Effective Date first above written.

CITY OF TACOMA                                           CONTRACTOR

                                                                                                Page 20 of 24
Department of Public Utilities

Tacoma Power                      Company Name:


     Power Manager                By:


Date:                             Date:

Approved:                         State of Washington

                                  Contractor’s Registration Number

Director of Finance

Approved as to form & legality:

Assistant City Attorney

                                                                     Page 21 of 24
                                       ATTACHMENT A

I understand and agree to the procedures and specifications in Attachment B and wish to be placed
on the Light Division's list for the following measures and/or activities:

       __________ Insulation

       __________ Window Replacement

       __________ Duct Sealing

       __________ Duct Leakage Testing

       __________ Air Sealing

       __________ Air Leakage Testing

       __________ Minor Home Repair

       __________ Ventilation



                                                                                       Page 22 of 24


         Page 23 of 24
              ATTACHMENT B

Tacoma Power’s Weatherization Specifications

(to be attached when contract language is final)

                                                   Page 24 of 24

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