HomeMy WebLinkAboutPro-Cal Lighting Inc; 2016-08-29; PWM17-06GSPWM17-06GS
CITY OF CARLSBAD
MINOR PUBLIC WORKS CONTRACT
RETROFIT LIGHTING INSTALLATION AT FARADAY CENTER; CONT. NO. 4720
This agreement is made on the r!JC[fh day of B-u.~usl-, 2016, by the City
of Carlsbad, California, a municipal corporation, (hereinafter call "City"), and Pro-Cal Lighting, Inc. a
California corporation, whose principal place of business is 1711 Creekside Lane, Vista, CA 92081
(hereinafter called "Contractor").
City and Contractor agree as follows:
DESCRIPTION OF WORK. Contractor shall perform all work specified in the Contract documents for the
project described by these Contract Documents (hereinafter called "Project").
PROVISIONS OF LABOR AND MATERIALS. Contractor shall provide all labor, materials, tools,
equipment, and personnel to perform the work specified by the Contract Documents unless excepted
elsewhere in this Contract.
CONTRACT DOCUMENTS. The Contract Documents consist of this Contract, exhibits to this Contract,
Contractor's Proposal, the Plans and Specifications, the General Provisions, addendum(s) to said Plans
and Specifications, and all proper amendments and changes made thereto in accordance with this Contract
or the Plans and Specifications, all of which are incorporated herein by this reference. When in conflict,
this Contract will supersede terms and conditions in the Contractor's proposal.
LABOR. Contractor will employ only skilled workers and abide by all State laws and City of Carlsbad
Ordinances governing labor.
GUARANTEE. Contractor guarantees all labor and materials furnished and agrees to complete the Project
in accordance with directions and subject to inspection approval and acceptance by: Michael O'Brien
(City Project Manager)
WAGE RATES. The general prevailing rate of wages for each craft or type of worker needed to execute
the Contract shall be those as determined by the Director of Industrial Relations pursuant to Sections 1770,
1773 and 1773.1 of the Labor Code. Pursuant to Section 1773.2 of the Labor Code, a current copy of the
applicable wage rates is on file in the Office of the City Engineer. Contractor shall not pay less than the said
specified prevailing rates of wages to all workers employed by him or her in execution of the Contract.
Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code
and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act."
The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107.5.
The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the
Contract for work.
A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the
requirements of Section 41 04 of the Public Contract Code, or engage in the performance of any contract
for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5.
This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which
generally requires keeping accurate payroll records, verifying and certifying payroll records, and making
them available for inspection. Contractor shall require any subcontractors to comply with Section 1776.
RETROFIT LIGHTING INSTALLATION
CONT. NO. 4720 Page 1 of 8 City Attorney Approved 2/29/2016
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FALSE CLAIMS. Contractor hereby agrees that any contract claim submitted to the City must be asserted
as part of the contract process as set forth in this agreement and not in anticipation of litigation or in
conjunction with litigation.
Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act,
provides for civil penalties where a person knowingly submits a false claim to a public entity. These
provisions include false claims made with deliberate ignorance of the false information or in reckless
disregard of the truth or falsity of the information.
The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining
to false claims are incorporated herein by reference.
Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an
administrative debarment proceeding wherein the contractor may be prevented from further bidding on
public contracts for a period of up to five years and that debarment by another jurisdiction is grounds for
the City of Carlsbad to disqualify the Contractor or s~c~actor from participating in contract bidding.
Signature: ~ ·
Print Name: 8n ·~ ~~
REQUIRED INSURANCE. The successful contractor shall provide to the City of Carlsbad, a Certification
of Commercial General Liability and Property Damage Insurance and a Certificate of Workers'
Compensation Insurance indicating coverage in a form approved by the California Insurance Commission.
The certificates shall indicate coverage during the period of the contract and must be furnished to the City
prior to the start of work. The minimum limits of liability insurance are to be placed with California admitted
insurers that have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on
the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key
Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of
Insurance Commissioners (NAIC) latest quarterly listings report.
Commercial General Liability Insurance of Injuries including accidental death, to any one person in an
amount not less than ........ $1 ,000,000
Subject to the same limit for each person on account of one accident in an amount not less than
....... $1,000,000
Property damage insurance in an amount of not less than ........ $1 ,000,000
Automobile Liability Insurance in the amount of $1,000,000 combined single limit per accident for bodily
injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of
the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-
scheduled. The automobile insurance certificate must state the coverage is for "any auto" and cannot be
limited in any manner.
The above policies shall have non-cancellation clauses providing that thirty (30) days written notice shall
be given to the City prior to such cancellation.
The policies shall name the City of Carlsbad as an additional insured. The full limits available to the named
insured shall also be available and applicable to the City as an additional insured.
WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY. Workers' Compensation limits as
required by the California Labor Code. Workers' Compensation will not be required if Contractor has no
employees and provides, to City's satisfaction, a declaration stating this.
INDEMNITY. The Contractor shall assume the defense of, pay all expenses of defense, and indemnify and
hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of
every kind, nature and description, directly or indirectly arising from or in connection with the performance
RETROFIT LIGHTING INSTALLATION
CONT. NO. 4720 Page 2 of8 City Attorney Approved 2129/2016
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of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable
law, rules or regulations including those related to safety and health; and from any and all claims, loss,
damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the
nature of the work covered by the Contract, except for loss or damage caused by the sole or active
negligence or willful misconduct of the City. The expenses of defense include all costs and expenses
including attorneys' fees for litigation, arbitration, or other dispute resolution method.
JURISDICTION. The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for
resolution of any disputes between the parties arising out of this agreement is San Diego County,
California.
Start Work: Contractor agrees to start within forty (40) working days after receipt of Notice to Proceed.
Completion: Contractor agrees to complete work within sixty-five (65) working days after receipt of Notice
to Proceed.
CONTRACTOR'S INFORMATION.
Pro-Cal Lighting, Inc
(name of Contractor)
1002601
(Contractor's license number)
C-10 exp. 04/30/2017
(license class. and exp. date)
1000019052
(DIR registration number)
6/30/2017
(DIR registration exp. date)
Ill
1/1
111
III
Ill
III
Ill
RETROFIT LIGHTING INSTALLATION
CONT. NO. 4720 Page 3 of 8
1711 Creekside Ln.
(street address)
Vista CA 92081
(city/state/zip)
760-696-5580
(telephone no.)
760-560-1670
(fax no.)
cmorales@procallighting.com
(e-mail address)
City Attorney Approved 2/29/2016
PWM17-06GS
AUTHORITY. The individuals executing this Agreement and the instruments referenced in it on behalf of
Contractor each represent and warrant that they have the legal power, right and actual authority to bind
Contractor to the terms and conditions of this Agreement.
PRO-CAL LIGHTING INC., a California
corporation
By:
~--(sign here)
tr r1 o.---~ «!.-t.. r '-'+ ~
(print name/ti e)
CITY OF CARLSBAD, a municipal corporation
of the Stat of California
If required by City, proper notarial acknowledgment of execution by Contractor must be attached. !f..E.
corporation, Agreement must be signed by one corporate officer from each of the following two groups:
Group A
Chairman,
President, or
Vice-President
Group B
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under
corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
CELIA A. BREWER, City Attorney BY:~~
Deputy City Attorney
RETROFIT LIGHTING INSTALLATION
CONT. NO. 4720 Page 4of 8 City Attorney Approved 2/29/2016
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EXHIBIT A
LISTING OF SUBCONTRACTORS BY GENERAL CONTRACTOR
Set forth below is the full name and location of the place of business of each sub-contractor whom the
Contractor proposes to subcontract portions of the Project in excess of one-half of one percent of the total
bid, and the portion of the Project which will be done by each sub-contractor for each subcontract.
NOTE: The Contractor understands that if it fails to specify a sub-contractor for any portion of the Project
to be performed under the contract in excess of one-half of one percent of the bid, the contractor
shall be deemed to have agreed to perform such portion, and that the Contractor shall not be
permitted to sublet or subcontract that portion of the work, except in cases of public emergency or
necessity, and then only after a finding, reduced in writing as a public record of the Awarding
Authority, setting forth the facts constituting the emergency or necessity in accordance with the
provisions of the Subletting and Subcontracting Fair Practices Act (Section 4100 et seq. of the
California Public Contract Code).
If no subcontractors are to be employed on the project, enter the word "NONE."
SUBCONTRACTORS
Portion of Project to Business Name and Address DIR Registration
be Subcontracted
Total% Subcontracted: ~0)4't
RETROFIT LIGHTING INSTALLATION
CONT. NO. 4720
No.
Page 5 of 8
License No., %of
Classification & Total
Expiration Date Contract
City Attorney Approved 2129/2016
PWM17-06GS
EXHIBIT B
Pro-Cal Lighting, Inc., will install City purchased energy-efficient LED lights at the City of Carlsbad Faraday
Center located at 1635 Faraday Ave., Carlsbad, CA 92008.
Installation includes, but not limited to, after hours and weekend work, removing and properly disposing
existing lighting components (lenses, ballasts & lamps), installing new 2x4 Evokits (426 count), 2x2 Evokits
(147 count) and 377 Spacewise controls. Once installation is complete, Pro-Call Lighting, Inc will test,
configure and commission all Evokits and Spacewise controls to optimal working condition.
City of Carlsbad will supply and have ready on-site all Evokits and Spacewise controls at time of installation.
Pro-Call Lighting, Inc., will process and submit San Diego Gas and Electric (SDG&E) rebate application(s)
for all installed 2x4 and 2x2 Evokits. Rebate processing includes but not limited verifying qualified lighting
products, reserving rebate funds, submitting proof of purchase, maintaining City of Carlsbad SDG&E
account information, scheduling pre-inspection (if needed), submitting applications within 45 days after
installation is complete, applying for a fifteen day extension if needed, and submitting rebate application
with all required supporting documents to SDG&E. City of Carlsbad will be the recipient of all rebate funds.
JOB QUOTATION
ITEM UNIT QTY DESCRIPTION PRICE
NO.
1 LS 1 Labor: Remove existing light components and install
426 2x4 Evokits, 147 2x2 Evokits and 377 Spacewise $31,453.74
controls at Faraday Center. Includes testing and
configuring.
2 NC Process rebate with SDG&E for all 2x4 and 2x2 Evokits
installed. $0.00
TOTAL* $31,453.74
*Includes taxes, fees, expenses and all other costs.
RETROFIT LIGHTING INSTALLATION
CONT. NO. 4720 Page 6 of 8 City Attorney Approved 2/29/2016
EXHIBITC
LABOR AND MATERIALS BOND
PWM17-06GS
Bond No. 4408422
Premium $786.00
WHEREAS, the City Council of the City of Carlsbad, State of California, has awarded to Pro-Cal Lighting,
Inc., (hereinafter designated as the "Principal"), a Contract for:
RETROFIT LIGHTING INSTALLATION
CONTRACT NO. 4720
in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract
Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated
herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the
furnishing of a bond, providing that if Principal or any of its subcontractors shall fail to pay for any materials,
provisions, provender or other supplies or teams used in, upon or about the performance of the work agreed
to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to
the extent hereinafter set forth.
NOW, THEREFORE, WE, PRO-CAL LIGHTING, INC., as Principal, (hereinafter designated as the
"Contractor"), and SureTec Insurance Company
as Surety, are held firmly bound unto the City of Carlsbad in the sum of THIRTY ONE THOUSHAND FOUR
HUNDRED FIFTY THREE DOLLARS SEVENTY FOUR CENTS ($31,453.74), said sum being an amount
equal to: One hundred percent (1 00%) of the total amount payable under the terms of the Contract by the
City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors
and administrators, successors, or assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail to
pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance
of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with
California Civil Code section 9100, or for amounts due under the Unemployment Insurance Code with
respect to the work or labor performed under this Contract, or for any amounts required to be deducted,
withheld, and paid over to the Employment Development Department from the wages of employees of the
contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with
respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon
the bond, reasonable attorney's fees, to be fixed by the court consistent with California Civil Code section
9554.
This bond shall inure to the benefit of any of the persons named in California Civil Code section 9100, so
as to give a right of action to those persons or their assigns in any suit brought upon the bond.
Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the
Contract, or to the work to be performed hereunder or the specifications accompanying the same shall
affect its obligations on this bond, and it does hereby waive notice of any change, extension of time,
alterations or addition to the terms of the contract or to the work or to the specifications.
RETROFIT LIGHTING INSTALLATION
CONT. NO. 4720 Page 7 of 8 City Attorney Approved 2/29/2016
PWM17-06GS
Bond No. 4408422
In the event that Contiactor is an individual, it is agreed that the death of any such Contractor shall not
exonerate the Surety from its obligations under this bond.
Executed by CONTRACTOR this __ 3_rrl ___ day Executed by SURETY this _ ___;8;...;:;th;:;:__ __ day
of~· 1 201.{p_.
CONTRACTOR:
Pro-Cal Lighting, Inc.
(name of Contractor)
By: ~Z::C:ci
(sign here)
BnO..Yl T /JilorcLLeS
(print name here)
ge...e.A:
By:·-~~~~-:k~-L~~~!a::::::._
( · n here)
Pn.Y~o""'l r t\~("4\.\L..i
(print name here)
(title and orgl'iization of sigqatory)
of __ ___;A=.=u:o.gu.=s:;;.:t;__ _____ , 20_1£.
SURETY:
SureTec Insurance Company
(name of Surety)
3033 5th Avenue, Suite 300, San Diego, CA 92103
(address of Surety)
Dave B. Roalkvam
(printed name of Attorney-in-Fact)
(attach corporate resolution showing current
power of attorney)
(Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only one
officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under
corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
CELIA A. BREWER
City Attorney By:~~
Deputy City Attorney
RETROFIT LIGHTING INSTALLATION
CONT. NO. 4720 Page 8 of 8 City Attorney Approved 2/29/2016
' ~-----------------------------P-0-A_#_: _5_1_0_2-42---------,
\~. SureTec Insurance Company
LIMITED POWER OF ATTORNEY
Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and
existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents
make, constitute and appoint
Ron H. Ballard, Gloria S. Becerra, Dave B. Roalkvam, David Melman, Albert Espino, Arianne Adair
its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge
and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the
conditions of contracts and consents of surety for:
Fifteen Million and 00/100 Dollars ($15,000,000.00)
and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate
seal ofthe Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney-in-Fact may do in the
premises. Said appointment shall continue in force until 05/18!2.:___ __ and is made under and by authority of the following
r:!solutions c.fthe Board ofDirectors of the SurcTec Insurance Company:
Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is
hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on
behalf of the Company subject to the following provisions:
Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and
deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such
Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary.
Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or
any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid
and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20th of April,
1999.)
In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal
to be hereto affixed this 21st day of March, A.D. 2013.
State <•fTexas
County of Harris
ss:
SURETEC INSURANCE COMPANY •tt,U\\1\IIU\IJiilfThtl(. 'uRANc·~ ~~:, .............. ~" Jlf 'j. -1 ······.~\
~ { w i ~~ ~, ""'!<!~ ~... J. ·' ""f ·· ................. /,
* ... . lhllfJII\\Itl\1~
On this 21st day of March, A.D. 2013 before me personally came John Knox Jr., to me known, who, being by me duly sworn, did depose and say, that he
resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above
instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the
Board of Directors of said Company; and that he signed his name thereto by like order.
Jacq'fielyn Maldonado, Notary Public
My commission expires May 18,2017
I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy
of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set
out in the Power of Attorney are in full force and effect.
Given under my hand and the seal of said Company at Houston, Texas this 8th
Any instrument issued in excess of the penalty stated above is totally void and without any validity.
For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00am and 5:00pm CST.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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 =S=an:-=--=Dc...:.i.=...eg=o;;....._ ________ _
On August 8, 2016 before me,.__ ___ ..;:;.R:;::u:.!Oth'-!...!...A~Io~n~s~o~---------' Notary Public
personally appeared Dave B. Roalkvam
who proved to me on the basis of satisfactory evidence to be the persontsj whose nametsj iskre subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacityftesj, and that by his/her/their signaturetsj on the instrument the persontsj, or the entity upon behalf of
which the persontsj acted, executed the instrument.
1 -RUTH ALONSO i NOfARV PUBUC • CALIFORNIA ~ ~ COMMISSION # 209770t
t, SAN DIEGO COUNTY ~ My eomm. Exp. February 11, 1018
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 ofNotary
OP'riONAL .·· :.· ''.· .. · ..
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
0 INDIVIDUAL
0 CORPORATE OFFICER
D PARTNER(S)
D MEMBER of LLC
[8:1 ATTORNEY-IN-FACT
0 TRUSTEE(S)
D GUARDIAN/CONSERVATOR
OTHER: --------------
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
SureTec Insurance Company
DESCRIPTION OF ATTACHED DOCUMENT
Pro-Cal Lighting, Inc.-Bond No. 4408422
Title or Type of Document
Number of Pages
Date of Document
Signer(s) other than named above
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
personally appeared t7 f)tft 11-, Ja)z n f') ~4/ <e.y tJ'afA~ Jd.k
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 ~they executed the same in -hlsthefltheir authorized
capacity(ies), and that by his/herftheir 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 ofthe State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Si""'rure ofNo'"'Y Pub~ (Notary Seal)
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or description of attached document)
eR.I~t""~b-f * z:ztJ (Title or description of attached document continued)
Number of Pages X Document Date ____ _
(Additional information)
CAP A CITY CLAIMED BY THE SIGNER
0 jP.dividual (s)
~ t!z~;;e;!,_:Zcrt?t3~
(Title)
0 Partner(s)
0 Attorney-in-Fact
0 Trustee(s)
0 Other ____________ _
2008 Version CAPA vl2.10.07 800-873-9865 www.NotaryClasses.com
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California must contain verbiage exactly as
appears above in the notary section or a separate acknowledgment form must be
proper~y completed and attached to that document. The on~y exception is if a
document is to be recorded outside of California. In such instances, any alternative
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verbiage does not require the notary to do something that is illegal for a notary in
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must also be the same date the acknowledgment is completed.
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•:• Additional information is not required but could help to ensure this
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