HomeMy WebLinkAboutItem 5e. Award a Construction Contract for the Cheng Park Revitalization Project, Spec. No. 91385-10 Item 5e
Department: Public Works
Cost Center: 5005
For Agenda of: 9/5/2023
Placement: Consent
Estimated Time: N/A
FROM: Matt Horn, Public Works Director
Prepared By: Erica Long, Capital Projects Manager II
SUBJECT: AWARD A CONSTRUCTION CONTRACT FOR THE CHENG PARK
REVITALIZATION PROJECT, SPECIFICATION NUMBER 91385-10
RECOMMENDATION
1. Award a Construction Contract to JJ Fisher Construction, Inc. in the amount of
$646,778 for the Cheng Park Revitalization project, Specification Number 91385-10;
and
2. Authorize an appropriation of $300,000 from the Capital Projects Reserve Fund to the
project account 2001010-01; and
3. Authorize the Finance Director to return unspent Capital Reserve funding to the
Capital Projects Reserve Fund balance after project completion; and
4. Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San
Luis Obispo, California, authorizing use of Capital Projects Reserve Fund to support
the Cheng Park Revitalization, Specification Number 91385-10.”
POLICY CONTEXT
On July 19, 2022, City Council authorized staff to advertise for bids for the Cheng Park
Revitalization project. No bids were received during the public bidding process, therefore,
staff proceeded with an informal bidding process as outlined in City Municipal Code
3.24.185:
If no bids are received, the purchase may be made through negotiated
contract or other process approved by the purchasing authority, including,
in the case of construction projects, performing the work by employees of
the city by force account. (Ord. 1435 § 1 (part), 2003)
After reaching out to interested contractors, staff proceeded with an informal bidding
process in accordance with the above Municipal Code s ection. JJ Fisher Construction,
Inc., submitted a bid package for the project on July 25, 2023, in the amount of $646,778.
The contract price exceeds the delegated authority provided by Council to the City
Manager and, therefore, a contract must be evaluated and awarded by Council to move
forward with this project. This project is funded entirely through the Local Revenue
Measure.
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Item 5e
The recommended actions for award of a construction contract (Attachment A) and fund
appropriation are supported by the City Council’s adopted Capital Improvement Plan as
well as its Fund Balance and Reserve Policy. The City’s Fund Balance and Reserve
Policy was adopted in June 2021 and includes guidelines related to the Capital Projects
Reserve Fund, as follows:
The City will maintain a committed reserve of 20% of capital improvement
plan budget from the Local Revenue Measure for the purposes of offsetting
unanticipated cost increases, unforeseen conditions, and urgent
unanticipated projects to provide continued investment in infrastructure
maintenance and enhancement. Use and allocations of funds from the
Capital Projects Reserve Fund will be made to Capital Projects including
Major Facility Replacement upon Council approval as necessary during any
fiscal year.
The recommended use of the Reserve to supplement the Cheng Park Revitalization project
is consistent with this policy and a draft resolution has been prepared (Attachment B).
DISCUSSION
Background
Cheng Park is a small contemplative garden with a pond, shade structure, sculptures,
and a few benches located at the corner of Marsh Street and Santa Rosa Street.
Significant maintenance is necessary to restore and preserve the park. The park was
constructed in 2005 to celebrate Chinese Heritage through architectural and landscape
features and it has many features that need to be repaired or upgraded. The current
project includes rehabilitating the existing water pond, installing a new pump station,
minor electrical improvements at the Pagoda, new solar lights, as well landscaping, and
irrigation replacement.
On May 18, 2023, a bid opening was held where no bids were received (Attachment C).
Based on the input from contractors that were interested in the project but did not bid,
staff decided to readvertise for bids with the same project documents. Contractors
indicated that they did not have adequate time to find subcontractors for the scope of
work or were otherwise too busy to do the work. Staff anticipated that readvertising the
project would allow contractors more time to submit a bid.
The project went out to bid a second time on June 1, 2023, and on June, 22, 2023, a bid
opening was held where no bids were received (Attachment D). Since no bids were
received after two public bidding processes, staff proceeded with an informal biding
process.
On July 25, 2023, one bid was received through the informal bidding process (Attachment
E). The bid submitted by JJ Fisher Construction, Inc., came in at a price of $646,778,
which is over the engineer’s estimate of $400,000. JJ Fisher Construction is a responsible
contractor that submitted a responsive bid package and has a history of constructing
parks projects for the City.
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Item 5e
Table 1: Bid results for bid opening on July 25, 2023.
Engineer’s Estimate JJ Fisher Construction, Inc.
$400,000 $646,778
The bid price may be attributed to overall construction cost escalation and the lack of bid
competitiveness as demonstrated by no initial bids received after the two formal bid
advertisements.
Previous Council or Advisory Body Action
This Project was identified in the 2021 -23 Financial Plan that was approved by Council.
Additionally, the Fund Balance and Reserve Policy was adopted by Council on June 1,
2021. The authorization to advertise was approved by Council on July 19, 2022.
Public Engagement
Public engagement for the Cheng Park Revitalization project was completed during the
initial identification of this project in preparing the 2021-23 Financial Plan. Additionally,
City staff worked with the original designer of the park, Alice Loh, to ensure the
revitalization is consistent with the original purpose of the park to honor Chinese culture.
CONCURRENCE
The Public Works, Community Development, and Parks and Recreation departments
concur with the recommendations of this report.
ENVIRONMENTAL REVIEW
The Cheng Park Revitalization project is exempt from environmental review under
Section 15301 Class 1 (existing facilities) of the California Environmental Quality Act
(CEQA) Guidelines because the project proposes to maintain existing facilities. The
project is consistent with the applicable general plan policies as well as with applicable
City Regulations.
FISCAL IMPACT
Budgeted: Yes Budget Year: 2023-24
Funding Identified: Yes
Fiscal Analysis:
The current available project budget is $499,371 which includes the $200,000 of Capital
Projects Reserve Fund approved by Council on July 19, 2022 and $300,000 of funding
that was provided in the 2021-23 Financial Plan. Due to the current bid price, staff is
requesting an additional $300,000 of Capital Projects Reserve Funds be appropriated to
the project to fund the project, including costs of construction, contingencies, materials
testing, design support, and printing. Project anticipated costs included recommended
Capital Projects Reserve Funding shown below.
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Item 5e
Project Costs (2001010-01)
General Fund - Local Revenue Measure
Bid Total $646,778
Contingencies (20%)$129,356
Total Construction Cost $776,134
Materials Testing:$5,500
Design Support - RRM $17,000
Printing:$737
Total Project Cost $799,371
Current Project Balance:$499,371
Current Capital Projects Reserve Fund Balance $3,700,000
Additional Funding Requested from the Capital
Projects Reverve Fund Balance $300,000
Remaining in the Capital Projects Reverve:$3,400,000
Cheng Park Revitalization, Specification No. 91385-10
The table below shows the available project funding, available Capital Projects Reserve
Funding, and the additional proposed funding from the Capital Projects Reserve of
$300,000 leaving a remaining balance of Capital Projects Reserve funding of $3,400,000.
Funding Sources
Total
Budget
Available
Additional
Funding
Request
Remaining
Balance
after
Project
Annual
Ongoing
Cost
General Fund: Capital
Outlay - LRM
$499,371 $0 $0 N/A
State
Federal
Fees
Other: Capital Projects
Reserve Fund
$3,700,000 $300,000 $3,400,000 N/A
Total $4,199,371 $300,000 $3,400,000 N/A
The Capital Projects Reserve Fund received an allocation of $4,000,000 with approval of
the 2023-25 Financial Plan. This amount complies with the Capital Reserve Fund Policy
which requires that the City maintain a capital reserve equivalent to 20% of the annual
Local Revenue Measure capital budget to offset unanticipated cost increases and
unforeseen conditions and thus provides for continued investment in infrastructure
maintenance and enhancement according to the adopted project list. Below is a summary
of use of the Capital Reserve in FY 2023-24.
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Item 5e
FY 2023-24 Capital Reserve Starting
Balance $4,000,000
Use of Reserves to Date Amount Notes
Corporation Yard Fuel Island and Wash
Station Rehabilitation (2000075-9.01) $300,000
Approved on 6/20/23 for
allocation from FY 2023-
24 reserve amount
Cheng Park Revitalization (91385-10) $300,000 Requested via this item
FY 2023-24 Remaining Reserve Balance $3,400,000 *
* On April 4, 2023, Council authorized use of up to $75,000 from the Capital Reserve for
the Buchon Street Traffic Calming Project. As of the writing of this staff report, none of
the $75,000 has been allocated to that project.
ALTERNATIVES
1. Deny the award of the construction contract. Council may choose to not award the
contract at this time, reject all bids, and defer the project for readvertisement when
additional project funding can be identified and allocated as part of typical budgeting
processes. Staff does not recommend this option as it would further delay the
construction of this approved project from the 2020-21 Supplemental Budget. This
option risks project costs rising and the City could potentially receive bids higher than
the above bid from JJ Fisher Construction, Inc.
2. Deny the appropriation of Capital Projects Reserve Funds. Staff does not
recommend this option, as the park rehabilitation was identified as a near-term project
in the Council-approved Parks and Recreation Blueprint for the Future and needs
restoration. No other funding sources have been identified that could contribute to this
project without deferring other projects.
ATTACHMENTS
A - Draft Construction Contract with JJ Fisher Construction, Inc.
B - Draft Resolution authorizing use of Capital Projects Reserve Fund for Specification
Number 91385-10
C - Bid Results from the 1st Advertisement
D - Bid Results from the 2nd Advertisement
E - Bid Results from the Informal Bidding Process
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AGREEMENT
THIS AGREEMENT, made on _____________________, by and between the City of San
Luis Obispo, a municipal corporation and charter city, San Luis Obispo County, California
(hereinafter called the Owner) and JJ FISHER CONSTRUCTION, INC. (hereinafter called
the Contractor).
WITNESSETH:
That the Owner and the Contractor for the consideration stated herein agree as follows:
ARTICLE 1, SCOPE OF WORK: The Contractor shall perform everything required to be
performed, shall provide and furnish all of the labor, materials, necessary tools,
expendable equipment, and all utility and transportation services required to complete all
the work of construction of
CHENG PARK REVITALIZATION, SPECIFICATION 91385-10
in strict compliance with the plans and specifications therefor, including any and all
Addenda, adopted by the Owner, in strict compliance with the Contract Documents
hereinafter enumerated.
It is agreed that said labor, materials, tools, equipment, and services shall be furnished and
said work performed and completed under the direction and supervision and subject to the
approval of the Owner or its authorized representatives.
ARTICLE II, CONTRACT PRICE: The Owner shall pay the Contractor as full consideration
for the faithful performance of this Contract, subject to any additions or deductions as
provided in the Contract Documents, the contract prices as follows:
Item No. Item Unit of
Measure
Estimated
Quantity
Item Price
(in figures)
Total
(in figures)
1 Traffic Control LS 1 --- $17,500.00
2 Site Demolition LS 1 --- $42,000.00
3 Concrete Curb LF 175 $50.00 $8,750.00
4 Concrete Sidewalk SQFT 50 $135.00 $6,750.00
5
Paint Touchup (Pagoda post and
conduit) LS 1 --- $5,435.00
6 Pagoda Guardrail LF 68 $920.00 $62,560.00
7 Interpretive Sign LS 1 --- $4,850.00
8
Landscape Boulders (size range 24” –
36”) EA 2 $1,475.00 $2.950.00
9
Landscape Boulders (size range 36” –
48”) EA 14 $2,215.00 $31,010.00
DocuSign Envelope ID: 8F729461-58EB-4A25-B681-AED13220B179
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10 (S) Pound Construction LS 1 --- $144,465.00
11 Erosion Control LS 1 --- $3,235.00
12 Pump Procurement and Installation LS 1 --- $26,800.00
13 Pump Vault Lid Replacement LS 1 --- $23,800.00
14 Electrical Infrastructure Upgrades LS 1 ---- $106,285.00
15 Pagoda Light Fixtures EA 6 $2,025.00 $12,150.00
16 (S) Lita Solar Lights (14ft pole) EA 2 $18,690.00 $37,380.00
17 (S) Lita Solar Light (20ft pole) EA 1 --- $21,275.00
18 Camera Installation LS 1 --- $7,360.00
19 Shrubs (15 gallon container) EA 11 $370.00 $4,070.00
20 Shrubs (5 gallon container) EA 39 $72.00 $2,808.00
21
Shrubs and Ground Covers (1 gallon
container) EA 63 $35.00 $2,205.00
22
Shrubs and Ground Covers (4 inch
container) EA 1011 $21.00 $21,231.00
23 Backfill Mix CF 10 $59.00 $590.00
24 Thin Existing Bamboo Thicket LS 1 --- $4,185.00
25 Mulch Planting Areas SQFT 3340 $2.25 $7,515.00
26
Modifications to Existing Irrigation
System LS 1 --- $29,555.00
27
Comply with Building Perrmit
Requirements LS 1 --- $7,475.00
28 Plant Establishment Period MONTH 3 $863.00 $2,589.00
BID TOTAL: $646,778.00
Payments are to be made to the Contractor in compliance with and subject to the provisions
embodied in the documents made a part of this Contract.
Should any dispute arise respecting the true value of any work omitted, or of any extra work
which the Contractor may be required to do, or respecting the size of any payment to the
Contractor, during the performance of this Contract, said dispute shall be decided by the
Owner and its decision shall be final, and conclusive.
ARTICLE III, COMPONENT PARTS OF THIS CONTRACT: The Contract consists of the
following documents, all of which are as fully a part thereof as if herein set out in full, and if
not attached, as if hereto attached:
1. Notice to Bidders and Information for Bidders
2. Standard Specifications and Engineering Standards
DocuSign Envelope ID: 8F729461-58EB-4A25-B681-AED13220B179
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3. Special Provisions, any Addenda, Plans and Contract Change Orders
4. Caltrans Standard Specifications and Standard Plans 2015
5. Accepted Bid and Bid Bond
6. List of Subcontractors
7. Public Contract Code Sections 10285.1 Statement
8. Public Contract Code Section 10162 Questionnaire
9. Public Contract Code Section 10232 Statement
10. Labor Code Section 1725.5 Statements
11. Bidder Acknowledgements
12. Qualifications
13. Non-collusion Declaration
14. Agreement and Bonds
15. Insurance Requirements and Forms
ARTICLE IV INDEMNIFICATION: The Contractor shall indemnify, defend with legal
counsel approved by City, and hold harmless City, its officers, officials, employees and
volunteers from and against all liability, loss, damage, expense, cost (including without
limitation reasonable legal counsel fees, expert fees and all other costs and fees of
litigation) of every nature arising out of or in connection with the Contractor’s negligence,
recklessness or willful misconduct in the performance of work hereunder or its failure to
comply with any of its obligations contained in this Agreement, except such loss or damage
which is caused by the sole or active negligence or willful misconduct of the City. Should
conflict of interest principles preclude a single legal counsel from representing both the City
and the Contractor, or should the City otherwise find the Contractor’s legal counsel
unacceptable, then the Contractor shall reimburse the City its costs of defense, including
without limitation reasonable legal counsel fees, expert fees and all other costs and fees of
litigation. The Contractor shall promptly pay any final judgment rendered against the City
(and its officers, officials, employees and volunteers) with respect to claims determined by
a trier of fact to have been the result of the Contractor’s negligent, reckless or wrongful
performance. It is expressly understood and agreed that the foregoing provisions are
intended to be as broad and inclusive as is permitted by the law of the State of California
and will survive termination of this Agreement.
The Contractor obligations under this section apply regardless of whether such claim,
charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment,
civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee.
However, without affecting the rights of the City under any provision of this agreement, the
Contractor shall not be required to indemnify and hold harmless the City for liability
attributable to the active negligence of City, provided such active negligence is determined
by agreement between the parties or by the findings of a court of competent jurisdiction. In
instances where the City is shown to have been actively negligent and where the City’s
active negligence accounts for only a percentage of the liability involved, the obligation of
the Contractor will be for that entire portion or percentage of liability not attributable to the
active negligence of the City.
DocuSign Envelope ID: 8F729461-58EB-4A25-B681-AED13220B179
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ARTICLE V. It is further expressly agreed by and between the parties hereto that should
there be any conflict between the terms of this instrument and the bid of said Contractor,
then this instrument shall control and nothing herein shall be considered as an acceptance
of the said terms of said bid conflicting herewith.
IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands this
year and date first above written.
ATTEST:
_______________________________
Teresa Purrington, City Clerk
CITY OF SAN LUIS OBISPO
A Municipal Corporation
___________________________________
Erica A. Stewart, Mayor
APPROVED AS TO FORM CONTRACTOR:
JJ FISHER CONSTRUCTION, INC.
________________________________
___________________________________
J. Christine Dietrick
City Attorney
Jayson James Fisher
Chief Executive Officer
____________________________________
Mark Sczbecki
Chief Financial Officer
DocuSign Envelope ID: 8F729461-58EB-4A25-B681-AED13220B179
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R ______
RESOLUTION NO. _____ (2023 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AUTHORIZING THE USE OF CAPITAL
PROJECTS RESERVE FUND TO SUPPORT CHENG PARK
REVITALIZATION, SPECIFICATION NUMBER 91385-10
WHEREAS, in June of 2021, the City Council approved the 2021-23 Financial Plan
– Capital Improvement Program, which identified the Cheng Park Revitalization project
with a total budget of $300,000 to support implementation of the project; and
WHEREAS, in July of 2022, the City Council approved Resolution 11346 to provide
funding to support construction work for the Project, the City Council approved the use of
$200,000 from the Capital Projects Reserve Fund; and
WHEREAS, to provide funding to support the total construction contract for the
Project, staff is recommending the City Council approve the use of $300,000 from the Capital
Projects Reserve Fund; and
WHEREAS, a balance of approximately $3.97 million is available from the Capital
Projects Reserve Fund.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
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Resolution No. _____ (2023 Series) Page 2
R ______
SECTION 1. The City Council authorizes staff to transfer $300,000 from the
Capital Project Reserve Fund to Cheng Park Revitalization, Specification No. 91385-10.
Upon motion of _______________________, seconded by
_______________________, and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of _____________________ 2023.
___________________________
Mayor Erica A. Stewart
ATTEST:
__________________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
__________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of San Luis Obispo, California, on ___________________________.
___________________________
Teresa Purrington
City Clerk
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Bid Opening: 05/18/23
Item # Item Description Unit of Measure Estimated Quanity Item price Total
1 Traffic Control LS 1
2 Site Demolition LS 1
3 Concrete Curb LF 175
4 Concrete Sidewalk SQFT 50
5 Paint Touchup (Pagoda post and conduit) LS 1
6 Pagoda Guardrail LF 68
7 Interpretive Sign LS 1
8 Landscape Boulders (size range 24"-36") EA 2
9 Landscape Boulders (size range 36”-48”) EA 14
10 Pond Construction LS 1
11 Erosion Control LS 1
12 Pump Procurement and Installation LS 1
13 Pump Vault Lid Replacement LS 1
14 Electrical Infrastructure Upgrades LS 1
15 Pagoda Light Fixtures EA 6
16 Lita Solar Lights (14ft pole) EA 2
17 Lita Solar Light (20ft pole) EA 1
18 Camera Installation LS 1
19 Shrubs 15 (gallon container) EA 11
20 Shrubs (5 gallon container) EA 39
21 Shrubs and Ground Covers (1 gallon container) EA 63
22 Shrubs and Ground Covers (4 inch container) EA 1011
23 Backfill Mix SQFT 2040
24 Thin Existing Bamboo Thicket LS 1
25 Mulch Planting Areas SQFT 3340
26 Modifications to Existing Irrigation System LS 1
27 Comply with Building Permit Requirements LS 1
28 Plant Establishment Period MONTH 3
$0.00
CHENG PARK REVITALIZATION, SPECIFICATION NO. 91385-10
Total Bid Amount
Engineer's Estimate
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Bid Opening: 06/22/23
Item # Item Description Unit of Measure Estimated Quanity Item price Total
1 Traffic Control LS 1
2 Site Demolition LS 1
3 Concrete Curb LF 175
4 Concrete Sidewalk SQFT 50
5 Paint Touchup (Pagoda post and conduit) LS 1
6 Pagoda Guardrail LF 68
7 Interpretive Sign LS 1
8 Landscape Boulders (size range 24"-36") EA 2
9 Landscape Boulders (size range 36”-48”) EA 14
10 Pond Construction LS 1
11 Erosion Control LS 1
12 Pump Procurement and Installation LS 1
13 Pump Vault Lid Replacement LS 1
14 Electrical Infrastructure Upgrades LS 1
15 Pagoda Light Fixtures EA 6
16 Lita Solar Lights (14ft pole) EA 2
17 Lita Solar Light (20ft pole) EA 1
18 Camera Installation LS 1
19 Shrubs 15 (gallon container) EA 11
20 Shrubs (5 gallon container) EA 39
21 Shrubs and Ground Covers (1 gallon container) EA 63
22 Shrubs and Ground Covers (4 inch container) EA 1011
23 Backfill Mix SQFT 2040
24 Thin Existing Bamboo Thicket LS 1
25 Mulch Planting Areas SQFT 3340
26 Modifications to Existing Irrigation System LS 1
27 Comply with Building Permit Requirements LS 1
28 Plant Establishment Period MONTH 3
$0.00
CHENG PARK REVITALIZATION, SPECIFICATION NO. 91385-10
Total Bid Amount
Engineer's Estimate
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Page 48 of 753
Bid Opening: 07/25/23
Item # Item Description Unit of Measure Estimated Quanity Item price Total
1 Traffic Control LS 1 --- $17,500.00
2 Site Demolition LS 1 --- $42,000.00
3 Concrete Curb LF 175 $50.00 $8,750.00
4 Concrete Sidewalk SQFT 50 $135.00 $6,750.00
5 Paint Touchup (Pagoda post and conduit) LS 1 --- $5,435.00
6 Pagoda Guardrail LF 68 $920.00 $62,560.00
7 Interpretive Sign LS 1 --- $4,850.00
8 Landscape Boulders (size range 24"-36") EA 2 $1,475.00 $2,950.00
9 Landscape Boulders (size range 36”-48”) EA 14 $2,215.00 $31,010.00
10 Pond Construction LS 1 --- $144,465.00
11 Erosion Control LS 1 --- $3,235.00
12 Pump Procurement and Installation LS 1 --- $26,800.00
13 Pump Vault Lid Replacement LS 1 --- $23,800.00
14 Electrical Infrastructure Upgrades LS 1 --- $106,285.00
15 Pagoda Light Fixtures EA 6 $2,025.00 $12,150.00
16(S) Lita Solar Lights (14ft pole) EA 2 $18,690.00 $37,380.00
17(S) Lita Solar Light (20ft pole) EA 1 $21,275.00 $21,275.00
18 Camera Installation LS 1 --- $7,360.00
19 Shrubs 15 (gallon container) EA 11 $370.00 $4,070.00
20 Shrubs (5 gallon container) EA 39 $72.00 $2,808.00
21 Shrubs and Ground Covers (1 gallon container) EA 63 $35.00 $2,205.00
22 Shrubs and Ground Covers (4 inch container) EA 1011 $21.00 $21,231.00
23 Backfill Mix CF 10 $59.00 $590.00
24 Thin Existing Bamboo Thicket LS 1 --- $4,185.00
25 Mulch Planting Areas SQFT 3340 $2.25 $7,515.00
26 Modifications to Existing Irrigation System LS 1 --- $29,555.00
27 Comply with Building Permit Requirements LS 1 --- $7,475.00
28 Plant Establishment Period MONTH 3 $863.00 $2,589.00
$646,778.00
CHENG PARK REVITALIZATION, SPECIFICATION NO. 91385-10
Total Bid Amount
JJ Fisher Construction Inc.
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