HomeMy WebLinkAbout2014-028ASECTION 00530 - EJCDC
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
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THIS AGREEMENT ("Agreement" or "Contract"), dated the thday of March in the
year 201 by and between Indian River County, a political subdivision of the State of Florida
(hereinafter called OWNER) and R.J. Sullivan Corp. ..(hereinafter called
CONTRACTOR). pt
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth,
agree as follows:
•
ARTICLE 1 WORK
CONTRACTOR as an independent contractor and not as an employee shall furnish and complete
all of the necessary labor, material, and equipment to perform the work as specified or indicated
in the Contract Documents. The work is generally described as follows:
•
A. CONTRACTOR shall complete all work as specified or indicated in the Contract
Documents The work is generally described as follows which shall include, but is not
n ecessarily limited to the following
1
Indian River County (IRC) proposes to demolish and remove useless equipment,
appurtenances, and piping and construct a new sludge recirculation system and tank
truck filling facilities related to the existing sludge holding tanks at the Central Sub -
regional Wastewater Treatment Plant Facility. An important element of the project will
be the necessity for the contractor to conduct his work in a manner which will allow the
continuation of sludge handling and removal operations at the treatment plant. There
are two (2) existing concrete sludge holding tanks at the plant which store waste
activated sludge which is pumped on a regular basis into tank trucks:
The project consists of, but is not limited to: demolition and removal of all odor
control system tanks, pumps piping and appurtenances located west of the existing
sludge holding tanks; demolition of useless piping, equipment and appurtenances
located on the concrete top of the sludge holding tanks as shown on the plans;
demolition and removal of pumps, piping, and appurtenances on the south and east
e nd of the existing sludge holding tanks as shown on the plans relocation of the
existing sludge drum thickener unit with necessary appurtenances and piping as shown
o n the plans; cleaning the interior of both sludge holding tanks; preparation and coating
the interior walls and ceiling of each of the sludge holding tanks; preparation and
painting of exterior walls of the sludge holding .tanks; construction of a tnplex
recirculation pump system and tank truck filling facility along with necessary valves,
piping, flow meter as shown on the plans; furnish and install level sensing units; provide
all necessary electrical equipment and devices as shown on the electrical plans;
provide all concrete slabs and site work shown on the plans; and all other items as
required for an operational project
B. The OWNER shall have the option of direct purchase of all material and equipment for the
project in accordance with Rule 12A-1.094 of the Florida Administrative Code. The
contractor will be responsible for preparing the purchase documents for purchasing by the
owner The contractor will be responsible for scheduling, receiving, handling,and storage
of all direct purchase material and equipment.
00530-1
ARTICLE 2 ENGINEER
The project has been designed by Masteller & Moler, Inc., hereinafter called ENGINEER, and who
is to act as OWNER'S representative, assume all duties and responsibilities and have the rights
and authority assigned to ENGINEER in the Contract Documents in connection with completion of
the work in accordance with the Contract Documents.
ARTICLE 3 CONTRACT TIME
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3.1 The CONTRACTOR shall be substantially completed with the following timeframe
(a) Within 30 calendar days from effective date of Notice to Proceed, Contractor shall
complete the following tasks:
1. Obtain all necessary permits.
2. Receive approved shop drawings for all materials and equipment to be
utilized in the job.
3. Perform all photographic recording and documentation of conditions prior to
construction.
4. Locate all existing utilities in the area of work.
5. Submit and secure approval of shop drawings.
6. Mobilize all labor, equipment, and materials.
7. Deliver and store all equipment and materials to the job site.
8. Notify all utilities and other affected parties prior to initiating construction.
(b) From 31 calendar days to 150 calendar days from the effective date of Notice to
P roceed, the CONTRACTOR shall complete the following tasks:
1. Demolish and remove items shown on Plans as described in specifications.
2. Install all process piping, process elements, and appurtenant items
3. Construct all site work elements.
4. Perform all miscellaneous/incidental construction.
5. Perform all testing.
6. Restore all disturbed areas to their pre -construction condition.
7. Correct all deficiencies noted by Engineer.
Completion of all tasks outlined above (i.e., Subparagraphs a) and b) constitutes
S ubstantial Completion.
(c) From 151 calendar days to 180 calendar days from the effective date of Notice to
P roceed, the CONTRACTOR shall complete the following tasks:
1. Clean up project area.
2. Remove all equipment and material from project site.
3. Perform contract closeout procedures.
3.2 Completion of all tasks outlined above (i.e., Subparagraphs a, b, and c) constitute Final
Completion.
3.3 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence
of this Agreement and that OWNER will suffer financial loss if the work is not completed
within the times specified in Paragraph 3.1 above, plus any extensions thereof allowed in
accordance with Article 12 of the General Conditions They also recognize the delays,
expense, and difficulties involved in proving in a legal proceeding the actual loss suffered
by OWNER if the work is not completed on time. Accordingly, instead of requiring any
such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but
00530-2
not as a penalty) CONTRACTOR shall pay OWNER Four Hundred Fifty Dollars
($450.00) for each day that expires after the time specified in Paragraph 3.1 for
Completion.
3.3.1. The CONTRACTOR and OWNER agree that OWNER is authorized to deduct all
or any portion of the above -stated liquidated damages due to the Owner from
payments due to the Contractor; or, in the alternative, all or any portion of the
above -stated liquidated damages may be collected from the Contractor or its
Surety or Sureties. These provisions for liquidated damages shall not prevent the
OWNER, in case of the CONTRACTOR's default, from terminating the
Contractor's right to proceed as provided in this Agreement.
3.3.2. In addition to the above -stated liquidated damages, the CONTRACTOR shall be
responsible for reimbursing OWNER for all costs incurred by OWNER to third party
consultants in administering the Project beyond the Substantial Completion date
specified in this Agreement or beyond an approved extension of time granted to
CONTRACTOR, whichever date is later.
ARTICLE 4 CONTRACT PRICE
4.1 OWNER shall pay CONTRACTOR for completion of the work in accordance with the
Contract Documents in current funds in the amount of $654,000.00
4.2 Any direct purchase material and equipment will be deducted from the lump sum price
specified in Article 4, 4.1 plus all applicable sales tax.
ARTICLE 5 PAYMENT PROCEDURES
CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the
General Conditions. Applications for Payment will be processed by ENGINEER as provided in the
General Conditions and the Contract Documents.
5.1 Progress Payments. The OWNER shall make progress payments to the CONTRACTOR
on the basis of the approved partial payment request as recommended by ENGINEER in
accordance with the provisions of the Local Government Prompt Payment Act, Florida
Statutes section 218.70 et. seq. The OWNER shall retain ten percent (10%) of the
payment amounts due to the CONTRACTOR until fifty percent (50%) completion of the
work After fifty percent (50%) completion of the work is attained as certified to OWNER by
ENGINEER in writing, OWNER shall retain five percent (5%) of the payment amount due
to CONTRACTOR until final completion and acceptance of all work to be performed by
CONTRACTOR under the Contract Documents. Pursuant to Florida Statutes section
218.735(8)(b), fifty percent (50%) completion means the point at which the County as
OWNER has expended fifty percent (50%) of the total cost of the construction services
work purchased under the Contract Documents, together with all costs associated with
existing change orders and other additions or modifications to the construction services
work provided under the Contract Documents.
5.2 Pay Requests Each request for a progress payment shall be submitted on the application
for payment form supplied by OWNER and the application for payment shall contain the
CONTRACTOR's certification. All progress payments will be on the basis of progress of
the work measured by the schedule of values established, or in the case of unit price work
based on the number of units completed. After fifty percent (50%) completion, and
pursuant to Florida Statutes section 218.735(8)(d), the CONTRACTOR may submit a pay
00530-3
request to the County as OWNER for up to one half (1/2) of the retainage held by the
County as OWNER, and the County as OWNER shall promptly make payment to the.
CONTRACTOR unless such amounts are the subject of a good faith dispute; the subject
of a claim pursuant to Florida Statutes section 255.05(2005)d or otherwise the subject of a
claim or demand by the County as OWNER or the CONTRACTOR. The CONTRACTOR
acknowledges that where such retainage is attributable to the labor, services, or materials
supplied by one or more subcontractors or suppliers, the Contractor shall timely remit
payment of such retainage to those subcontractors and suppliers. Pursuant to Florida
Statutes section 218.735(8)(c)(2005), CONTRACTOR further acknowledges and agrees
that: 1) the County as OWNER shall receive immediate written notice of all decisions
made by CONTRACTOR to withhold retainage on any subcontractor at greater than five
percent (5%) after fifty percent (50%) completion; and 2) CONTRACTOR will not seek
release from the County as OWNER of the withheld retainage until the final pay request.
5.3 Paragraphs 5.1 and 5.2 do not apply to construction services work purchased by. the
County as OWNER which are paid for, in whole or in part, with federal funds and are
subject to federal grantor laws and regulations or requirements that are contrary to any
provision of the Local Government Prompt Payment Act. In such event, payment and
retainage provisions shall be governed by the applicable grant requirements and
guidelines.
5.4 ACCEPTANCE AND FINAL PAYMENT: Upon receipt of written notice that the work is
ready for final inspection and acceptance, the ENGINEER will promptly make such
inspection and when the ENGINEER finds the work acceptable under the terms of the
Contract and the Contract fully performed, the ENGINEER will promptly issue a final
completion certificate stating that the work provided for in this Contract has been
completed, and acceptance by the OWNER under the terms and the conditions thereof is
recommended and the entire balance found to be due the CONTRACTOR, will be paid to
the CONTRACTOR by the OWNER following County Commission approval of the final
Contract payment.
5.5 Acceptance of Final Payment as Release. The acceptance by the CONTRACTOR of final
payment shall be and shall operate as a release to the OWNER from all claims and all
liability to the CONTRACTOR other than claims in stated amounts as may be specifically
excepted by the CONTRACTOR for all things done or furnished in connection with the
work under this Contract and for every act and neglect of the OWNER and others relating
to or arising out of the work. Any payment, however, final or otherwise, shall not release
the CONTRACTOR or its sureties from any obligations under the Contract Documents or
the Payment and Performance Bonds.
ARTICLE 6 INTEREST
Not Applicable.
ARTICLE 7 CONTRACTOR'S REPRESENTATIONS
In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following
representations:
7.1 CONTRACTOR has familiarized itself with the nature and extent of the Contract
Documents, work, site, locality, and all local conditions and laws and regulations that in
any manner may affect cost, progress, performance or furnishing of the work
00530-4
7.2 CONTRACTOR has studied carefully all reports of explorations and tests of subsurface
conditions and drawings of physical conditions which are identified in the Supplementary
Conditions as provided in Paragraph 4.02 of the General Conditions, and accepts the
determination set forth in Paragraph SC -4.02 of the Supplementary Conditions of the
extent of the technical data contained in such reports and drawings upon which
CONTRACTOR is entitled to rely.
7.3 CONTRACTOR has obtained and carefully studied (or assumes responsibility for
o btaining and carefully studying) all such examinations, investigations, explorations tests,
reports and studies (in addition to or to supplement those referred to in Paragraph 7.2
above) which pertain to the subsurface or physical conditions at or contiguous to the site
o r otherwise may affect the cost, progress, performance or furnishing of the work as
CONTRACTOR considers necessary for the performance of furnishing of the work at the
Contract Price, within the Contract Time and in accordance with the other terms and
conditions of the Contract Documents, including specifically the provisions of Paragraph
4.02 of the General Conditions; and no additional examinations investigations,
explorations, tests reports, studies or similar information or data are or will be required by
CONTRACTOR for such purposes.
7.4 CONTRACTOR has reviewed and checked all information and data shown or indicated on
the Contract Documents with respect to existing underground facilities at or contiguous to
the site and assumes responsibility for the accurate location of said underground facilities.
N o additional examinations, investigations, explorations, tests, reports studies or similar
information or data in respect of said underground facilities are or will be required by
CONTRACTOR in order to perform and furnish the work at the Contract Price, within the
Contract Time and in accordance with the other terms and conditions of the Contract
D ocuments including specifically the provisions of Paragraph 4.04 of the General
Conditions.
7.5 CONTRACTOR has correlated the results of all such observations, examinations,
investigations, explorations, tests, reports and studies with the terms and conditions of the
Contract Documents.
7.6 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or
discrepancies that he has discovered in the Contract Documents and the written resolution
thereof by ENGINEER is acceptable to CONTRACTOR.
ARTICLE 8 CONTRACT DOCUMENTS.
The Contract Documents which comprise the entire agreement between OWNER and
CONTRACTOR concerning the work consist of the following:
8.1 This Agreement (Section 00530).
8.2 Public Construction Bonds (Section 00610).
8.3 Notice of Award and Notice to Proceed (examples in Section 00800).
8.4 General Conditions (Section 00700).
8.5 Supplementary Conditions (Section 00800).
8.6 Specifications bearing the title "Central WWTP Sludge Holding Tank Modifications" as
listed in the table of contents hereof.
00530-5
8.7 Drawings, inclusive with each sheet bearing the following general title "Central WWTP
Sludge Holding Tank Modifications".
8.8 Addenda numbers 1 to 3 , inclusive.
8.9 CONTRACTOR'S Bid (Section 00300).
8.10 Specifications bearing the title "IRCDUS Water and Wastewater Utility Standards,
SEPTEMBER 2011", or the latest version thereof.
8.11 The following, which may be delivered or issued after the effective date of the Agreement
and are not attached hereto: All written amendments and other documents amending
modifying, or supplementing the Contract Documents pursuant to Paragraphs 3.04 of the
General Conditions.
There are no Contract Documents other than those listed above in this Article 8. The Contract
Documents may only be amended, modified or supplemented as provided in Paragraphs 3.04 of
the General Conditions.
ARTICLE 9 MISCELLANEOUS
9.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions will
have the meanings indicated in the General Conditions.
9.2 It is agreed that the CONTRACTOR shall not assign, transfer, convey, or otherwise
dispose of the contract or its right, title, or interest in or to the same or any part thereof, or
allow legal action to be brought in its name for the benefit of others, without previous
consent of the OWNER and concurred to by the sureties. Any attempted assignment shall
be void and may, at the option of the OWNER be deemed an event of default hereunder
Nothing herein shall be construed as creating any personal liability on the part of any
officer or agent of the OWNER who may be a party hereto.
9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal
representatives to the other party hereto, its partners, successors, assigns and legal
representatives in respect of all covenants, agreements and obligations contained in the
Contract Documents.
9.4 The CONTRACTOR shall be properly licensed to practice its trade or trades which are
involved in the completion of this Agreement and the work thereunder.
9.5 This Agreement shall be governed by the laws of the State of Florida. Venue for any
lawsuit brought by either party against the other party or otherwise arising out of this
agreement shall be in Indian River County, Florida, or, in the event of federal jurisdiction,
in the United States District Court for the Southern District of Florida.
9.6 CONTRACTOR agrees to indemnify and hold harmless the OWNER, together with its
agents, engineers employees elected officers and representatives, from liabilities,
damages, losses and costs, including but not limited to, reasonable attorney's fees to the
extent caused by the negligence, recklessness or intentional wrongful misconduct of the
CONTRACTOR and persons employed or utilized by the CONTRACTOR in the
performance of the work under this Agreement. This indemnification and hold harmless
provision shall survive the termination or expiration of this Agreement. The indemnification
is limited to $5 million per occurrence.
00530-6
9.7 Pledge of Credit The CONTRACTOR shall not pledge the OWNER'S credit or make it a
guarantor of payment or surety for any Agreement, debt, obligation, judgment, lien or any
form of indebtedness. The CONTRACTOR further warrants and represents that it has no
obligation of indebtedness that would impair its ability to fulfill the terms of this Agreement.
9.8. Counterparts. This Agreement may be executed in one or more counterparts, but all such
counterparts, when duly executed, shall constitute one and the same Agreement.
9.9. Compliance with Chapter 119, Florida Statutes. A. Indian River County is a public agency
subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public
Records Law. Specifically, the Contractor shall:
1. Keep and maintain public records that ordinarily and necessarily would be required by
the County in order to perform the service.
2. Provide the public with access to public records on the same terms and conditions that
the County would provide the records and at a cost that does not exceed the cost provided
in Chapter 119 or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law.
4 Meet all requirements for retaining public records and transfer, at no cost, to the County
all public records in possession of the Consultant upon termination of the Agreement and
destroy any duplicate public records that are exempt or confidential and exempt from
public records disclosure requirements All records stored electronically must be provided
to the County in a format that is compatible with the information technology systems of the
County.
Failure of the Consultant to comply with these requirements shall be a material breach of
this Agreement.
9.10. Term. This Agreement shall remain valid for one (1) year from execution.
******************************************************************************************************************
00530-7
IN WITNESS WHEREOF, OWNER AND CONTRACTOR have signed this Agreement the day
and year first written above.
This Agreement will be effective on
OWNER
Indian River County
Bo. d o. C,qunty Commit
By
Peter D. O'Bryan, Chairman
March _1-1
, 2014.
ONTRACTOR
Sullivan Corp.
ners
Attest: Jeffrey R. Smith, Clerk of Co and
Comptroller
By:
y'R. ullivan, President
Attest:
Approved By:
D
puty Clerk
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Jose. A. Baird, County Administrator
Approved as to Form and Legal Sufficiency:
'Dylan Reingold, County Attorney
Address for giving notices
1801 27th Street
Vero Beach, Florida 32960
Address for giving notices
2001 NW 22 St
Pompano Beach, FL 33069
License No CGC1507756
Agent for service of process:
Casey R. Sullivan
*END OF SECTION*
00530-8
rj S
iliv Corp.
GENERAL CONTRACTOR
March 20, 2014
Ms. Jennifer Hyde, Purchasing Manager
Indian River County
1800 27th Street
Vero Beach, FL 32960
Re: Indian River County Bid No. 2014006
Central WWTP Sludge Holding Tank Modifications
Agreement between Owner & Contractor
Dear. Ms. Hyde,
We are returning two copies of the Agreement as well as the Public Construction Bond
and Certificate of Insurance as requested.
We want to express our concern that the time allotted for the project is inadequate and
the job can't be completed within the time stated in Article 3.1 of the Agreement for the
following reasons.
(a) 1. We are allowed 30 days to obtain permits. We can submit an application for
permit to the building department, but we have no control over how long it takes
to review the application and issue the permit.
(a) 2. & 5 Most of the materials specified will take 2 to 4 weeks to provide shop
drawings plus the time required by the engineer to review and approve them.
(a) 7. It is impossible to have all material delivered to the job in the first 30 days.
Some of the specialty equipment may take as long as 70 days after approval by
the engineer.
(b) We are allowed only 120 calendar days after permit to reach substantial
completion. If the time required receiving the specialty equipment is 70 days,
only 50 calendar days remain to finish the work Furthermore, there is a
constraint which requires that only one sludge holding tank can be out of service
at a time. That leaves only 25 calendar days per tank which is not enough time to
complete the work.
2001 N.W. 22nd Street o Pompano Beach, FL 33069
Phone 954-975-0388 • Fax 954-975-3333
rj S
lliva Cor
GENERAL CONTRACTOR
Therefore we are signing and returning the Agreement with the understanding that a
mutually agreeable time extension will be issued as required to complete this project.
Sincerely,
Casey R. Sullivan, Presi
cc: Contract File — Job 352
2001 N.W. 22nd Street • Pompano Beach, FL 33069
Phone 954-975-0388 • Fax 954-975-3333
INDIAN RIVER COUNTY
OFFICE OF MANAGEMENT AND BUDGET
PURCHASING DIVISION
CONSENT /t(jI:'.NDA
D ATE: March 4, 2014
TO: BOARD OF COUNTY COMMISSIONERS
THROUGH: Joseph A. Baird, County Administrate
Jason E. Brown, Budget Director
FROM: Jennifer Hyde, Purchasing Manager
SUBJECT: Approval of Bid Award for IRC Bid No. 2014006 Central WWTP Sludge Holding
Tank Modifications and Request for Budget Amendment
BACKGROUND:
The Department of Utility Services requested the solicitation of bids for improvements to the
Central WWTP Sludge Handling Facility. The proposed work includes demolition and removal of
equipment and materials no longer in use at the plant and construction of new truck filling
facilities and a new sludge recirculation system. These improvements are designed to improve
safety and efficiency in the sludge handling operation at the plant.
BIDRESULTS:
Bid Opening Date:
Advertising Date:
D emandstar Broadcast to:
Specifications/Plans Downloaded by:
Replies:
D ecember 18, 2013
N ovember 25, 2013
762 Subscribers
50 Vendors
3 Vendors
Bidder
Location
Base Bid Price
Florida Design
Contractors
Lake Park
$705,000.00
R. J. Sullivan Corp.
Pompano Beach
$654,000.00
Summit Construction of Vero Beach, LLC
Vero Beach
$707,000.00
The Department's Consulting Engineer for this project, Masteiler & Moler, Inc. reviewed the bids
submitted and has determined all three bids accurately reflect the work as defined by the plans
and specifications, and recommended award to R.J. Sullivan Corp.
ENGINEER'S ESTIMATE:
The engineer's estimate for the work, initially developed several years ago, was $400,000. Staff
worked closely with Masteiler & Moler throughout the design and final scope development and is
confident the project, as bid, is necessary to facilitate efficient and safe operations at the plant.
AVIlids 1013.2014 PV (2014000fUle•JO6 Cvntr.l WWII' Sludge Iloldhig Idak Mods'Agenda•2014006.doc
66
CONSENT AGENDA
SOURCE OF FUNDS:
Funding in the amount of $563,500 is currently available and funded in the Sludge Holding System
Retrofit account. Additional funding of approximately $90,500 is needed to fully execute the
proposed project. Staff recommends utilizing Utilities Cash Forward to fund the differential.
RECOMMENDATION:
Staff recommends award of the bid to R.J. Sullivan Corp. of Pompano Beach as the lowest most
responsive and responsible bidder meeting the specifications as set forth in the Invitation to Bid.
Staff further requests that the Board of County Commissioners approve the attached sample
agreement and authorize the Chairman to execute it after it has been approved by the County
Attorney as to form and legal sufficiency, and after receipt and approval of the required certificate
of insurance and Public Construction Bond.
Staff further requests the Board authorize the necessary budget amendment to provide additional
funding in the amount of $90,500 from Utilities Cash Forward.
ATTACHMENTS:
Recommendation of Award
Sample Agreement
APPROVED AGENDA ITEM
klj
BY: C 4 9 i V2M
seph . Bair , County Administrator
FOR. 6.19O1
CADttotrtneois and Settingskiinufatonl Settingslemporary interact FiintCoatent.QnlookV IF72GQMAgenda-2014006 (2).doc
Indian River Co
• d
Account Number
Account Description -
Budget Amount
47123536-044699-13514
Sludge Holding System Retrofit
$563,500
Legal
RECOMMENDATION:
Staff recommends award of the bid to R.J. Sullivan Corp. of Pompano Beach as the lowest most
responsive and responsible bidder meeting the specifications as set forth in the Invitation to Bid.
Staff further requests that the Board of County Commissioners approve the attached sample
agreement and authorize the Chairman to execute it after it has been approved by the County
Attorney as to form and legal sufficiency, and after receipt and approval of the required certificate
of insurance and Public Construction Bond.
Staff further requests the Board authorize the necessary budget amendment to provide additional
funding in the amount of $90,500 from Utilities Cash Forward.
ATTACHMENTS:
Recommendation of Award
Sample Agreement
APPROVED AGENDA ITEM
klj
BY: C 4 9 i V2M
seph . Bair , County Administrator
FOR. 6.19O1
CADttotrtneois and Settingskiinufatonl Settingslemporary interact FiintCoatent.QnlookV IF72GQMAgenda-2014006 (2).doc
Indian River Co
• d
Det
Admin
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Legal
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Budget
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utilities
67