10-0427_RODRIGUEZ BROTHERS ENGINEERING, INC._Transmittal to OC Recorder see
32400 PASEO ADELANTO MEMBERS OF THE CITY COUNCIL
SAN JUAN CAPISTRANO,CA 92675 j � SAM ALLEVATO
(949)493.1171 LAURAFREESE
(949)493.1053 FAX • €vRe[ISNio 1 tgsl LARRY KRAMER
www.sanjuan.capistranv.org 6776
DEREK REEVE
® JOHN TAYLOR
March 2, 2011
Clerk-Recorder's Office
County of Orange
P.O. Box 238
Santa Ana, California 92701
Re: Document for Recording — Notice of Completion
The noted documents are enclosed for recording:
• Notice of Completion — Unique Performance Inc, San Juan Fulls Estates
Corrosion Protection System.
• Notice of Completion — Rodriquez Brothers Engineering, Calle Lorenzo and Calle
Resplendor Storm Drain Improvement Project.
When placed of record, please return the recorded documents to this office.
Thank you for your assistance.
Kindest Regards,
Christy Jal
Deputy City Clerk
San Juan Cal)astraii A-(-�s t-ving the Past to Enhance the Futuve
Printed an 100%recycled paper
RECORDED AT REQUEST OF AND
RETURNED TO:
City of San Juan Capistrano
City Clerk's Office
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
RECORDING FEES EXEMPT DUE TO
GOVERNMENT CODE SECTION 6103
Maria Morris, City Clerk
San Juan Capistrano, CA
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that a contract was heretofore awarded by the City of San Juan Capistrano
to Rodriquez Brothers Engineering, Inc., 2023 S. Bon View Avenue, Ontario, CA 91761 for construction of
the Calle Lorenzo and Calle Resplendor Storm Drain Improvement Project(CIP No. 07501).
That the said work completed on February 9, 2011 by said company according to plans and
specifications, and to the satisfaction of the City Engineer of the City of San Juan Capistrano, and that
said work was accepted by the City Council of the City of San Juan Capistrano as owner, 32.400 Paseo
Adelanto, San Juan Capistrano, California 92575, at a regular meeting thereof held on the 15t day of
March 2011, by Resolution 11-03-01-04.
That upon said contract, Insurance Company of The West was the surety for the bonds given by the said
company as required by law.
Dated at San Juan Capistrano this 15'day of March 2011.
Maria Morris, City Clbrk
City of San Juan Capistrano
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF SAN JUAN CAPISTRANO }
I, MARIA MORRIS, the duly appointed and qualified City Clerk of the City Council of the City of San Juan
Capistrano, California, DO HEREBY CERTIFY, under penalty of perjury, that the foregoing Notice of
Completion is true and correct, and that said Notice of Completion was duly and regularly ordered to be
recorded in the Office of the Orange County Recorder by said City Clerk.
Dated at San Juan Capistrano this Vtday of March 2011.
ria Morris, 6ty Clerk.
City of San Juan Capistrano
RESOLUTION No. 11-03-01-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED
AS TO PLANS AND SPECIFICATIONS FOR THE CALLE LORENZO
AND CALLE RESPLENDOR STORM DRAIN IMPROVEMENT PROJECT
(RODRIGUEZ BROTHERS ENGINEERING, INC., CIP No. 07501)
WHEREAS, on the 20th day of April 2010, the City of San Juan
Capistrano entered into a contract with Rodriquez Brothers Engineering, Inc., 2023 S.
Bon View Avenue, Ontario; CA 91761 for construction of the Calle Lorenzo and Calle
Resplendor Storm Drain Improvement Project; and
WHEREAS, the Public Works Director has evaluated the final quantities
and cost figures and recommends approval.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
San Juan Capistrano, does resolve as follows:
SECTION 1. That the work required to be performed by said Contractor
has been completed.
SECTION 2. That the total cost of said work is $623,046.
SECTION 3. That the work is hereby accepted and approved.
SECTION 4. That the City Clerk is directed to forward forthwith a Notice
of Completion to the County Recorder of the County of
Orange for Recording.
PASSED, APPROVED, AND ADOPTED this 1st day of March 2011.
'SA ALLEVATO, MAYOR
ATJ/T'ESjjT-
e
MARIAMORRI C[Ty CL RK
1 3/11/2011
3/1/2011
AGENDA REPORT D12
TO: Joe Tait, City Manage
FROM: Nasser Abbaszadeh, Public Works Director
SUBJECT: Consideration of Notice of Completion - Calle Lorenzo & Calle Resplendor
Storm Drain Improvement Project (CIP No. 07501) (Rodriquez Brothers
Engineering, Inc.); Amendment No. 1 to Personal Services Agreements with
TWNiemann, Inc. and Lawson & Associates Geotechnical Consulting, Inc.
RECOMMENDATION
By motion,
1. Adopt a Resolution declaring the work for the Calle Lorenzo& Calle Resplendor Storm
Drain Improvement Project complete, accepted and approved; and,
2. Direct the City Clerk to process the recording of a project Notice of Completion; and,
3. Authorize staff to release the 10% retention, in the amount of$62,304.60, 35 days after
recordation; and,
4. Approve Amendment No. 1 to the Personal Services Agreements with TWNiemann,
Inc., and Lawson and Associates Geotechnical Consulting, Inc., in the amounts of
$27,538 and $11,027.50 respectively, and authorize the City Manager to sign the
amendments.
SITUATION
A. Summary and Recommendation
The work to construct the Calle Lorenzo & Calle Resplendor Storm Drain
Improvement Project has been completed to the satisfaction of the City Engineer
and is ready for acceptance and recordation of a Notice of Completion with the
County Recorder.
B. Background
On February 16, 2010, City Council approved the project's Plans and Specifications,
and authorized Staff to receive bids. At the April 20, 2010 meeting, City Council
awarded a contract to Rodriguez Brothers Engineering, Inc. (RBE)to construct the
Calle Lorenzo & Calle Resplendor Storm Drain improvements, which include
construction of additional 36" RCP storm drainage pipes and associated facilities
Agenda Report March 1, 2011
Page 2
along Calle Lorenzo and Calle Resplendor to improve the flow capacity of the City's
existing storm drain system and to provide improved level of flood protection for the
residents of the Casitas Capistrano development. The project also includes the
construction of various improvements at the City's existing inlet structure located
within the Casitas Capistrano No. 2 Condominium Association (HOA) area, which
directly accepts surface runoff from an adjacent outlet structure belonging to
Caltrans. These storm drain improvements are constructed in conformance with
terms of the settlement agreement between the City, Caltrans, and the HOA.
Bid proposals from nine reputable contractors to construct the storm drain
improvements were received and opened on March 22, 2010. The construction of
Calle Lorenzo & Calle Resplendor Storm Drain Improvement Project is now
complete and ready for acceptance by the City.
COMMISSIONS/BOARD REVIEW, RECOMMENDATIONS
Not applicable.
FINANCIAL CONSIDERATIONS
The project was awarded in the amount of $675,400 and completed for $623,046 with a
total construction cost savings of $52,354. A remainder fund balance of approximately
$373,795 (exclusive of cost savings) in account No. 50-XXXXX-XXXXX-07501-000 as of
February 7, 2011, is available to cover amendments to the Personal Services Agreement
with TWNiemann, Inc. ($27,538), and Lawson &Associates Geotechnical Consulting, Inc.
($11,027.50) totaling $38,565.50. The additional contract oversight services were
necessary due to complexity of project with the presence of numerous utility-lines f services
within the project boundary resulting in slow progress, and other unforeseen circumstances
including existing unsuitable condition of fill material, shoring requirements, construction
plan issues, and inclement weather. Additional geotechnical observation /testing services
were also needed for storm drain trench /street repair during two separate periods in late
2010 and early 2011 following heavy rain storms.
NOTIFICATION
Jose Luis Rodriquez (Rodriquez Brothers Engineering, Inc.)
Todd Niemann (TWNiemann, Inc.)
Dennis Boratynec (Lawson & Associates Geotechnical Consulting, Inc.)
James Thomasson (Lawson & Associates Geotechnical Consulting, Inc.)
Susan Yee (CalTrans District 12)
Craig Farrington (Woodruff, Spradlin & Smart)
Martin Lee, Esq. (Feldsott & Lee)
Janelle Mauch (Association Management & Maintenance Corporation)
Mohammad Abadi (Adams-Streeter Civil Engineers, Inc.)
Agenda Report March 1, 2011
Page 3 __—
RECOMMENDATION
By motion,
1. Adopt a Resolution declaring the work for the Calle Lorenzo&Calle Resplendor Storm
Drain Improvement Project complete, accepted and approved, and,
2. Direct the City Clerk to process the recording of a project Notice of Completion; and,
3. Authorize staff to release the 10% retention, in the amount of$62,304.60, 35 days after
recordation; and,
4. Approve Amendment No. 1 to the Personal Services Agreements with TWNiemann,
Inc., and Lawson and Associates Geotechnical Consulting, Inc., in the amounts of
$27,538 and $11,027.50 respectively, and authorize the City Manager to sign the
amendments.
Respectfully submitted: Prepared by:
Nasser Abbaszadeh, P.E. Khoon Tan, P.E.
Public Works Director Associate Engineer
Attachment(s): 1. Location Map
2. Resolution
3. Notice of Completion
4. Amendment No. 1 to the Personal Services Agreement with
TWNiemann, Inc.
5, Amendment No. 1 to the Personal Services Agreement with
Lawson and Associates Geotechnical Consulting, Inc.
THE CITY OF
SAN JUAN CAPIST FANO
f , LOCATIDN
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is
CALLE LORENZO & CALLE RESPLENDOR
STORM DRAIN
IMPROVEMENTS (CIP 07501)
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ATTACHMENT I
RESOLUTION No. 11-03-01 -xx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DECLARING WORK TO BE COMPLETED
AS TO PLANS AND SPECIFICATIONS FOR THE CALLS LORENZO
AND CALLS RESPLENDOR STORM DRAIN IMPROVEMENT PROJECT
(RODRIGUEZ BROTHERS ENGINEERING, INC., CIP No. 07501)
WHEREAS, on the 20th day of April 2010, the City of San Juan
Capistrano entered into a contract with Rodriquez Brothers Engineering, Inc., 2023 S.
Bon View Avenue, Ontario, CA 91761 for construction of the Calle Lorenzo and Calle
Resplendor Storm Drain Improvement Project; and
WHEREAS, the Public Works Director has evaluated the final quantities
and cost figures and recommends approval.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
San Juan Capistrano, does resolve as follows
SECTION 1. That the work required to be performed by said Contractor
has been completed.
SECTION 2. That the total cast of said work is $623,046.
SECTION 3. That the work is hereby accepted and approved.
SECTION 4. That the City Clerk is directed to forward forthwith a Notice
of Completion to the County Recorder of the County of
Orange for Recording.
PASSED, APPROVED, AND ADOPTED this 1 st day of March 2011.
Sam Allevato, Mayor
ATTEST:
Maria Morris, City Clerk
ATTACHMENT 2
RECORDED AT REQUEST OF AND
RETURNED TO!
City of San Juan Capistrano
City Clerk's Office
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
RECORDING FEES EXEMPT DUE TO
GOVERNMENT CODE SECTION 6103
Maria Morris, City Clerk
San Juan Capistrano, CA
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that a contract was heretofore awarded by the City of San Juan Capistrano
to Rodriquez Brothers Engineering, Inc., 2023 S. Bon View Avenue, Ontario, CA 91761for construction of
the Calle Lorenzo and Calle Resplendor Storm Drain Improvement Project (CIP No. 07501).
That the said work completed on February 9, 2011 by said company according to plans and
specifications, and to the satisfaction of the City Engineer of the City of San Juan Capistrano, and that
said work was accepted by the City Council of the City of San Juan Capistrano as owner, 32400 Paseo
Adelanto, San Juan Capistrano, California 92675, at a regular meeting thereof held on the 15tday of
March 2011.
That upon said contract, Insurance Company of The West was the surety for the bonds given by the said
company as required by law.
Dated at San Juan Capistrano this 15tday of March 2011.
___.....................�
Maria Morris, City Clerk
City of San Juan Capistrano
STATE OF CALIFORNIA }
COUNTY OF ORANGE ) SS
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, the duly appointed and qualified City Clerk of the City Council of the City of San Juan
Capistrano, California, DO HEREBY CERTIFY, under penalty of perjury, that the foregoing Notice of
Completion is true and correct, and that said Notice of Completion was duly and regularly ordered to be
recorded in the Office of the Orange County Recorder by said City Clerk.
Dated at San Juan Capistrano this 1 st day of March 2011.
_......w................
Maria Morris, City Clerk
City of San Juan Capistrano
.ATTACHMENT 3
AMENDMENT NO, 1 TO PERSONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this day of , 2011,
by and between the City of San Juan Capistrano (hereinafter referred to as the "City")
and TWNiemann, Inc. (hereinafter referred to as "Consultant").
RECITALS:
WHEREAS, City and Consultant have entered into a Personal Services
Agreement dated April 20, 2010 to provide construction management services for the
Calle Lorenzo and Calle Resplendor Storm Drain Improvement Project (CIP 07501);
and
WHEREAS, City and Consultant agree that additional services outlined in the
cost estimate as set forth in the Additional Work section incorporated herein by
reference, are required for which extra compensation will become due.
NOW, THEREFORE, City and Consultant mutually agree as follows:
Section 1. Additional Work.
The additional scope of work to be performed by the Consultant shall consist of
those tasks as set forth in Exhibit 'A" attached and incorporated herein by reference.
To the extent that there are any conflicts between the provisions described in Exhibit "A"
and those provisions contained within this Agreement, the provisions in this Agreement
shall control.
Consultant warrants that all of its services shall be performed in a competent,
professional and satisfactory manner and in accordance with the prevalent standards of
its profession.
Section 2. Additional Compensation
City hereby agrees to pay the additional sum of Twenty-Seven Thousand Five
Hundred and Thirty-Eight Dollars ($27,538) to Consultant for those services performed
as set forth in the Additional Work section. These additional services to the Agreement
shall commence on the effective date of this Amendment.
Section 3. Relationship_to Agreement
Except as to sections 1, 2 and 4 herein, all other terms and conditions of the
Agreement shall remain unchanged.
ATTACHMENT 4
Section 4. Contract Term.
The Agreement shall commence on the effective date and shall terminate, and all
services required hereunder shall be completed, no later than December 31, 2011.
Section 5. Enure Agreement.
This entire Agreement between the City and Consultant with respect to those
extra services described herein and any other understandings, oral or in writing, are
hereby superseded.
W WITNESS WHEREOF, the parties hereto have executed this
Agreement.
CITY OF SAN JUAN CAPISTRANO
By:
Joe Tait, City Manager
CONSULTANT
By:
Todd Niemann, President
TWNiemann, Inc.
ATTEST:
Maria Morris, City Clerk
APPROVED AS TO FORM:
Omar Sandoval, City Attorney
EXHIBIT "A''
Aiemann : Inc
February € .. 2011
Mr. Khoon Tan. RE,
Associate Engineer
Public Works Department.
City of San Juan Capistrano
32400 Paseo Adelanto .
Sari Juan Capistrano, CA 92675
Subject., ' Additional Budget Request for Additional Professional Construction Management
Services Provided during the Calle Lorenzo and Calle Resplendor Storm grain
Improvement Project(CII' 87501), San Juan Capistrano, California
Dear Mr. Tait:
Introduction
In accordance with your request, TwNiemann, Inc.;(TWN) has provided additional construction
:management ement seNices during construction of the storm drain forthe City of San Juan Capistrano s
Calle Lorenzo and Calle Resplendor Storm Drain Project (CIS'07501).
Scope of Additional Work and Associated Cost
TWN has provided additional ori-call construction management services during construction of the
Calie Lorenzo and Calle Resplendor storm project (GIF' 07501) in the City of San Juan Capistrano
Additional services beyond the scope of o ar original pmposal were required because of slow
contractor progress, pri€nariiy due to unforeseen circumstances including existing unsuitable
c-of ition of fill material, shoring requirements, construction pian issues; and inclement weather.
Additional Cost
Please see the followii;g table for an estimated cost for the additional construction management
services as descr ibed above.
......... . . . .
TasklService Hours/Rate Fee
i.Arid4ional Constructions Management Services 281 hours x 98LOOfhr. 27,53C3.00
Total. S 27,53&00
We request a totai extra budget for the above mentioned construction management Services in the
amount of Twenty-Seven Thousand Five Hundred Thirty-Eight Dollars & Zero Gents {$27,538}.
Mr.Khoon Tan
February 83,'.20 t
Page 2
Closure
Ourservices ices have been performed to the general standard of care for construction management
consulting in Southern California; no ether warranty is expressed or implied.
The opportunity to work on this project is sincerely appreciated. If you should nave any questions
please do not hesitate to contact our office at (949) 276-4771.
Respectfully
TWNiemann Inc
A
Tadd Niemann, CCM
Vice President
Construction Manager
Cc:` File ,
AMENDMENT NO. 1 TO PERSONAL. SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this day of 2011,
by and between the City of San Juan Capistrano (hereinafter referred to as the "City")
and Lawson & Associates Geotechnical Consulting, Inc., (hereinafter referred to as
"Consultant").
RECITALS:
WHEREAS, City and Consultant have entered into a Personal Services
Agreement dated April 20, 2010 to provide construction support services for the Calle.
Lorenzo and Calle Resplendor Storm Drain Improvement Project (CIP 07501); and
WHEREAS, City and Consultant agree that additional services outlined in the
cost estimate as set forth in the Additional Work section incorporated herein by
reference, are required for which extra compensation will become due.
NOW, THEREFORE, City and Consultant mutually agree as follows:
Section 1. Additional Work.
The additional scope of work to be performed by the Consultant shall consist of
those tasks as set forth in Exhibit "A," attached and incorporated herein by reference.
To the extent that there are any conflicts between the provisions described in Exhibit "A"
and those provisions contained within this Agreement, the provisions in this Agreement
shall control.
Consultant warrants that all of its services shall be performed in a competent,
professional and satisfactory manner and in accordance with the prevalent standards of
its profession.
Section 2. Additional Compensation
City hereby agrees to pay the additional sum of Eleven Thousand Twenty-Seven
Dollars and Fifty Cents ($11,027.50) to Consultant for those services performed as set
forth in the Additional Work section. These additional services to the Agreement shall
commence on the effective date of this Amendment.
Section 3. Relationship to Agreement
Except as to sections 1, 2 and 4 herein, all other terms and conditions of the
Agreement shall remain unchanged.
ATTACHMENT 5
Section 4, Contract Terra.
The Agreement shall commence on the effective date and shall terminate, and all
services required hereunder shall be completed, no later than December 31, 2011.
Section 5, Entire A reement.
This entire Agreement between the City and Consultant with respect to those
extra services described herein and any other understandings, oral or in writing, are
hereby superseded.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement.
CITY OF SAN JUAN CAPISTRANO
By:
Joe Tait, City Manager
CONSULTANT
By:
Dennis Boratynec, Vice President
Lawson & Associates Geotechnical
Consulting, Inc.
ATTEST:
Maria Morris, City Clerk
APPROVED AS TO FORM:
Omar Sandoval, City Attorney
EXHIBIT "A"
Lawson&Associates Geotechnical Consulting,inc.
February 8, 2011 Project No. 1.01027-01.
Mr. Khoon Tan
City of Sari Juan Capistrano
32400 Pasco Adelanto
San Juan Capistrano, CA 92675
Subject: Extra Budget Request for Additional Geotechnical Observation and Testing Services
Provided during Street Repairs on Calle Lorenzo & Calle Resplendor, City of San Juan
Capistrano, California
Introduction
In accordance with your request, Lawson & Associates Geotechnical Consulting, Inc. (LGC) has provided
additional geotechnical services during repairs of portions of the subject streets for the City of San Juan
Capistrano.
Scone ofAdditional Work
Repairs to Calle I-orenzo and Calle Resplendor streets and sidewalks/curb & gutter, etc. were performed
during two separate periods in late ?010 and early 2011. following heavy rain storms. Per your request, LGC.
provided additional on-call geotechnical services during the aforementioned repairs to the subject streets.
Additional Cost
Please see the following table for an estimated cost for the additional geotechnical services as described
above.
Task/Service Estimated
Amount
Additional geotechnical observation/testi jig, services for storm drain trench/street $ 11.027.50
repair.
TOTAL: S11,027.50
We request a total extra budget for the above mentioned geotechnical services in the amount of Eleven
Thousand Twenty-Seven Dollars & Fifty Cents ($11,027.50).
1319 Calle Avanzado•San Clemente m CA 92673-6351 •19491 369-6141 •Fax(949)369-6142
C o i3"'
Our services have h+:ni perlormed to the gencral standard of ease of geotechnical Corrsirlti119 in Soutberri
California...,rr nirr:. no �v,lrr anty is t'Xp-esscd or implied,
Tho opportunity w work on thi€s hr( jcc.t is sinccrely aphrCCiatCd, If YOU ShOUld have any questions, pleasc ch)
1101 lie,it"Itc to coMacl our oftice.
RespectRdly,
James 110masscm
l•'rc?lec:t Manager
IRT
Uistr•i'l7r.rt on: (?)Addressee
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MEMBERS OF THE CfTy COQPSK�_
2400 PAGED ADELANTO
SAN JUAN C
CA 926
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MARK MELSEN
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NOTIFICATION OF MEETING OF POTENTIAL INTEREST
OF THE SAN JUAN CAPISTRANO CITY COUNCIL
The City Council of San Juan Capistrano will meet at 6:00 p.m. on Tuesday, March 1,
2011, in the City Council Chamber in City Hall, to consider: "Consideration of Notice of
Completion - Calle Lorenzo & Calle Resplendor Storm Drain Improvement Project
(CIP No. 07501) (Rodriquez Brothers Engineering, Inc.); Amendment No. 1 to
Personal Services Agreements with TWNiemann, Inc. and Lawson & Associates
Geotechnical Consulting, Inc." — Item No. D12.
If you have specific thoughts or concerns regarding this item, you are encouraged to
participate in this decision making process. You can communicate with the City Council
through correspondence addressed to the Council and/or by attending the meeting and
speaking to the Council during the public meeting.
Correspondence related to this item must be received at the City Clerk's office by 5:00 p.m.
on Monday, February 28, 2011, to allow time for the Council to consider its content.
If you would like to speak at the meeting, please complete a yellow "Request to Speak"
form found Inside the entrance to the Council Chamber. This form is turned in at the staff
table, just in front of the Council dais. You will be called to speak by the Mayor when the
item is considered.
You have received this notice at the request of the City staff member Khoon Tan, PE,
Associate Engineer. You may contact that staff member at (949) 443.6353 with any
questions.
The agenda, including agenda reports, is available to you on our web site:
www.sansuancapistrano.org. If you would like to subscribe to receive a notice when
agendas are posted to the web site, please make that request by sending an e-mail to:
cit clerk san'uanca istrano.or .
Maria Morris, CMC
City Clerk
cc: Jose Luis Rodriquez (Rodriquez Brothers Engineering, Inc.); Todd Niernann (TWNiemann, Inc.); Dennis Boratynec
(Lawson &Associates Geotechnical Consulting, Inc.); Jaynes Thomasson (Lawson&Associates Geotechnical Consulting,
Inc.); Susan Yee (CalTrans District 12); Craig Farrington (Woodruff, Spradlin & Smart); Marin Lee, Esq (Feldsott & Lee);
p g
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