HomeMy WebLinkAboutMINUTES - 07181995 - C13 TO: BOARD OF SUPERVISORS, AS THE GOVERNING BOARD OF CONTRA COSTA COUNTY
.AND CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT
FROM: J. MICHAEL WALFORD, CHIEF ENGINEER
DATE: JULY 18, 1995
SUBJECT: APPROVE AND AUTHORIZE THE CHAIR OF THE BOARD OF SUPERVISORS TO EXECUTE
AN AGREEMENT WITH THE WEST COUNTY WASTEWATER DISTRICT FOR THE
RELOCATION OF SEWER LINES AND MANHOLES RELATED TO THE WILDCAT AND SAN
PABLO CREEKS CONTRACT 3 PROJECT, FLOOD CONTROL ZONE 7 AND DRAINAGE
AREA 73
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
1. Recommended Action:
APPROVE and AUTHORIZE the Chair of the Board of Supervisors to Execute a Joint Exercise of
Powers Agreement with the West County Wastewater District (WCWD)for sewer work included in the
Wildcat Creek, Contract 3 Project.
II. Financial Impact:
There are no additional project costs to the District associated with the execution of this Agreement. This
Agreement will allow the District to be reimbursed approximately $52,000 from the WCWD.
Ill. Reasons for Recommendations and Background:
On June 17, 1986, the Board of Supervisors APPROVED and AUTHORIZED execution of a Local
Cooperative Agreement (LCA) with the Corps for the Wildcat and San Pablo Creeks project. Per that
agreement, the District is responsible for 100% of the cost for relocating utilities related to the Wildcat
and San Pablo Creeks Contract 3 Project(Project). The WCWD has asked that additional sewer facilities
be relocated as part of the Project. The total estimated cost for relocating the sewer facilities is $105,020
and the estimated total project cost is $2,202,484. The estimated sewer work cost is 4.768% of the
estimated total cost(i.e. $105,020/$2,202,484= 0.04768). The WCWD share of the sewer cost has been
estimated as 51.8%. The actual sewer cost will be calculated as 4.768% of the actual total project cost
and the WCWD will pay for 51.8% of the actual sewer cost.
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Continued on Attachment: X SIGNATURE: )01C
RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON �,L� Ig 1995 APPROVED AS RECOMMENDED OTHER
I hereby certify that this Is a true and correct copy of
an action taken and entered on the minutes of the
Board of Superiors on the date shown.
VOT OF SUPERVISORS ATTESTED: ---�'�
UNANIMOUS(ABSENT f ) PHIL BA. CHE R,Cie c of the Board
AYES: NOES: of Supervisors and County Administrator
ABSENT: ABSTAIN:
Deputy
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g:\fldctl\fcWwildcat.t6
Orig.Div: Public Works(FCE)
Contact: M.Boucher,313-2277
cc: Public Works Design Div.
County Admin.E.Kuevor
Auditor-Controller
Community Development
PW Accounting
Construction
APPROVE AND AUTHORIZE THE CHAIR OF THE BOARD OF SUPERVISORS TO EXECUTE
AGREEMENT WITH THE WEST COUNTY WASTEWATER DISTRICT FOR THE RELOCATION
OF SEWER LINES AND MANHOLES RELATED TO THE WILDCAT AND SAN PABLO CREEKS
JULY 11, 1995
PAGE TWO
The WCWD will be credited $6,243.00 for engineering cost's it incurred. The WCWD will not be
responsible for additional costs due to the cleanup of hazardous waste that may be found during
construction of the creek improvements. Change orders will be dealt with on a case by case basis to
determine if the change order costs will be shared or not.
The low bid for the Project was $2,381,326 and the Corps of Engineers awarded the contract on April
27, 1995. Based on the low bid, the WCWD share of the sewer work without change orders, cost is
$52,571.00.
IV. Consequences of Negative Action:
Failure to approve and execute the Agreement would jeopardize the District's ability to recuperate costs
associated with the sewer work requested by the WCWD.
JOINT EXERCISE OF POWERS AGREEMENT
BY CONTRA COSTA COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT
AND
WEST COUNTY WASTEWATER DISTRICT
SOUTHERN PACIFIC RAILROAD and WILDCAT CREEK SEWER UNDER CROSSING
A PART OF THE CORPS OF ENGINEERS WILDCAT CREEK CONSTRUCTION PROJECT
CONTRACT 3
1. PARTIES: Effective on 8-1-95 , the Contra Costa County Flood Control and Water
Conservation District, a political subdivision of the State of California, hereinafter called the
"FLOOD CONTROL DISTRICT', and the West County Wastewater District, a public corporation
of the State of California, hereinafter called the "WASTEWATER DISTRICT", mutually agree:
2. PURPOSE AND SCOPE: The FLOOD CONTROL DISTRICT, in conjunction with the U.S. Army
Corps of Engineers, hereinafter called the "CORPS," intends to construct a flood control channel,
known as the Wildcat Creek Contract No. 3 Project, hereinafter call the "Project", which crosses
the Southern Pacific Railroad right-of-way approximately 900 feet north of Market Ave. in the
North Richmond area (hereinafter called "the easement area"). The WASTEWATER DISTRICT
proposes to include certain sewer construction work, consisting of the installation of a new,
15-inch inside diameter sanitary sewer pipeline and appurtenances, as part of the Project. The
FLOOD CONTROL DISTRICT is responsible for other sewer construction work required by the
project. On behalf of and at the sole expense of local agencies, the CORPS has agreed to include
local sewer relocation work in the Project as a lump sum item. The basic location and design of
the sewer construction work is shown in a reduced contract drawing (Sheet C-7) in Exhibit A
attached to this Agreement. This Agreement outlines the responsibilities and requirements of the
FLOOD CONTROL DISTRICT and the WASTEWATER DISTRICT to accomplish construction
of the sewer by a contractor engaged by the CORPS in conjunction with the Project.
3. SEWER AND CHANNEL DEFINED:
A. As used in this Agreement, the term "sewer" shall refer to all of the sewer lines, manholes,
manhole covers, and other sewer appurtenances as shown in the plans and specifications
(contract documents) prepared for the Project.
B. As used in this Agreement, the term "channel" shall refer to the flood control channel,
access roads and other channel appurtenances as shown in the plans and specifications
(contract documents) prepared for the Project.
4. PLANS AND SPECIFICATIONS:
A. At the WASTEWATER DISTRICT's request, the FLOOD CONTROL DISTRICT has
secured the consent of the CORPS to include sewer construction in the Project. The
WASTEWATER DISTRICT has provided sewer plans, details and specifications which the
CORPS incorporated into the contract documents. The WASTEWATER DISTRICT has
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reviewed those portions of the plans and specifications pertinent to the sewer and has
accepted the contract for advertising.
B. Any subsequent change orders which affect either the original design, the design intent,
or cost of the sewer construction work must be approved in writing by both the FLOOD
CONTROL DISTRICT and the WASTEWATER DISTRICT. The FLOOD CONTROL
DISTRICT shall furnish a complete set of reproducible "as-built" plans to the
WASTEWATER DISTRICT, within a reasonable time after the completion of the Project.
5. CONSTRUCTION AND INSPECTION:
A. The CORPS shall be solely responsible for constructing the sewer and primarily
responsible for inspecting and testing the sewer during construction. The FLOOD
CONTROL DISTRICT shall arrange for review and/or reproduction by the WASTEWATER
DISTRICT of such documentation of inspection and testing of the sewer construction as
may be made available by the CORPS.
B. Provided that advance approval is first obtained from the FLOOD CONTROL DISTRICT,
representatives of the WASTEWATER DISTRICT may enter the easement area during
construction of the sewer to observe the construction and to inspect and test the sewer.
Approval of entrance by WASTEWATER DISTRICT representatives will not be
unreasonably withheld. At no time shall the WASTEWATER DISTRICT or its
representatives communicate directly with the CORPS' contractors or direct their
operations. Copies of all WASTEWATER DISTRICT communications with the CORPS
relating to the sewer shall be transmitted to the FLOOD CONTROL DISTRICT. Should the
WASTEWATER DISTRICT discover any deficiencies in the sewer during construction, the
WASTEWATER DISTRICT shall immediately report in writing such deficiencies to the
FLOOD CONTROL DISTRICT, which shall report the same to the CORPS.
C. The WASTEWATER DISTRICT acknowledges that entry into the easement area during
construction carries with it a certain risk and agrees to release the FLOOD CONTROL
DISTRICT, its boards, officers, agents and employees from any liability for death of, or
injury to, the WASTEWATER DISTRICT's.representatives while present in the easement
area during construction, except for liability resulting from the sole negligence or sole
willful misconduct of the FLOOD CONTROL DISTRICT.
6. INSURANCE AND INDEMNITY:
A. The CORPS has required the contractor and the contractor's subcontractors to carry
insurance and has required that the contractor have copies of the insurance certifications
available to the CORPS upon request. The CORPS has stated that the WASTEWATER
DISTRICT and the FLOOD CONTROL DISTRICT do not need to be named as additional
insureds.
B. The CORPS has not included in its contract documents provisions for the CORPS'
contractor to indemnify and hold harmless the WASTEWATER DISTRICT its Board and
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all of its agents, officers and employees. The WASTEWATER DISTRICT may request that
the CORPS' contractor purchase additional insurance for any purpose at the
WASTEWATER DISTRICT's expense. The WASTEWATER DISTRICT understands that
such a request may be denied by the CORPS and the FLOOD CONTROL DISTRICT shall
not be responsible for the indemnification provisions of this paragraph.
C. The WASTEWATER DISTRICT shall defend, indemnify, save and hold harmless the
FLOOD CONTROL DISTRICT, its boards, officers, agents and employees from any and
all claims, demands, suits, costs, expenses and liability for any damages, injury, sickness
or death, including liability for inverse condemnation, nuisance or trespass, arising directly
or indirectly from, or in any way connected with the design, inspection, operation,
maintenance and repair of the sewer, except for liability arising through the sole
negligence or willful misconduct of the FLOOD CONTROL DISTRICT, its officers or
employees, and shall make good to and reimburse the FLOOD CONTROL DISTRICT for
any expenditures, including reasonable attorney's fees, the FLOOD CONTROL DISTRICT
may make by reason of such matters.
D. The FLOOD CONTROL DISTRICT shall defend, indemnify, save and hold harmless the
WASTEWATER DISTRICT, its boards, officers, agents and employees from any and all
claims, demands, suits, costs, expenses and liability for any damages, injury, sickness or
death, including liability for inverse condemnation, nuisance or trespass, arising directly
or indirectly from, or in any way connected with, the design, construction, installation,
inspection, operation, maintenance and repair of the channel, except for liability arising
through the sole negligence or willful misconduct of the WASTEWATER DISTRICT, its
officers or employees, and shall make good to and reimburse the WASTEWATER
DISTRICT for any expenditures, including reasonable attorney's fees, the WASTEWATER
DISTRICT may make by reason of such matters.
E. Nothing in this Agreement is intended to affect the legal liability of either party to third
parties by imposing any standard of care different from the standard of care imposed by
law.
7. FINANCIAL RESPONSIBILITIES:
A. :The WASTEWATER DISTRICT shall pay 51.8 percent and the FLOOD CONTROL
DISTRICT shall pay 48.2 percent of costs attributable to the sewer construction work,
including, but not limited to:
(1) The amount payable to the CORPS' contractor(s) for installing the sewer;
(2) The amount payable to the CORPS for miscellaneous design, inspection and
construction work (Supervision and Administration);
(3) The expense of relocating or protecting in place other heretofore undiscovered utility
facilities which relocation is necessary solely due to the installation of the sewer.
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B. The CORPS has estimated the costs for the sewer work as follows:
Sewer Installation $ 89,000
Contract Supervision and Administration (10%) 8,900
Engineering and Design (8%) 7,120
Sub-Total Sewer Cost 105 020
The CORPS has estimated the total cost of Project, including all local work as follows:
Estimated Total Cost of Project: $2,202,484
C. The figure stated in the preceding paragraph for "Sewer Installation" constitutes the
CORPS' estimate of the construction cost attributable to the sewer at the time of bid. Once
the actual construction bid cost for the entire Project has been determined, the
construction cost attributable to the sewer shall be recalculated by multiplying 0.04768 by
the total as-bid Project construction costs. Said 0.04768 is based on the government
estimate for the work and represents the percentage of total construction cost attributable
to the sewer at the time of bid and is calculated as follows:
Sewer Installation Cost/Total Cost of Project = ($105,020)/($2,202,484) = 0.04768
D. It is the intent of the parties herein to have the WASTEWATER DISTRICT pay the entire
cost of change orders or extra work attributable to the sewer transverse to the railroad and
the FLOOD CONTROL DISTRICT pay the entire cost of change orders or extra work
attributable to the sewer parallel to the railroad. Each party shall have a right to written
approval of change orders or extra work occasioned by request of another party which will
result in increased costs to the non-requesting party or alter the specifications provided
by the non-requesting party. The additional cost or associated credit to the
WASTEWATER DISTRICT arising from contract change orders or extra work shall be
determined on a case-by-case basis and such additional cost or credit shall be assessed
separately and shall not affect the established 4.768 percent used to determine the initial
cost of the sewer construction work to the WASTEWATER DISTRICT at the time of bid.
E. The figure stated above for Contract Supervision and Administration constitutes the
CORPS' estimate of the contract supervision and administration costs attributable to the
sewer. Once the contract supervision and administration costs for the Project have been
determined (but adjusted so as to not include contract supervision and administration costs
associated with contract change orders), the contract supervision and administration costs
attributable to the sewer shall be recalculated by multiplying 0.04768 by the total adjusted
Project contract supervision and administration costs. Contract supervision and
administration costs attributable to the WASTEWATER DISTRICT as a result of contract
change orders will be performed on a case-by-case basis, and such additional cost or
credit shall be assessed separately and shall not affect the established 4.768 percent used
to determine the actual cost of the sewer construction work to the WASTEWATER
DISTRICT.
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F. The figure stated above for Engineering and Design cost is the estimated cost of the
engineering and design work performed by the CORPS in conjunction with the sewer work
performed under this Agreement. Once the engineering and design costs for local work
items have been determined (but adjusted so as not to include engineering costs
associated with contract change orders), the engineering and design costs attributable to
the sewer shall be recalculated by multiplying 8.0% by the total adjusted engineering and
design costs for local work items. Engineering and design costs attributable to the
WASTEWATER DISTRICT as a result of contract change orders will be performed on a
case-by-case basis; and such additional cost or credit shall be assessed separately and
shall not affect the established 8.0% used to determine the actual cost to the
WASTEWATER DISTRICT.
G. The CORPS has tested soil samples taken upstream of the sewer alignment for hazardous
substance. Some samples were found to be contaminated with low levels of volatile
organic compounds. The CORPS' contract specifies what is to be done with contaminated
soil in the event the concentrations reach a certain threshold limit. Costs of handling,
storing, cleaning and disposing of contaminated soil have been separately identified as
bid items of the CORPS' contract. The WASTEWATER DISTRICT will not be liable for the
cost of those bid items related specifically to the handling, storing, cleaning and disposing
of contaminated soil if it is encountered above threshold levels. If such costs are incurred,
such costs, and any related additional engineering costs, will not be included in the total
project cost when determining the WASTEWATER DISTRICT's share.
H. Except as provided otherwise for change orders and extra work, the WASTEWATER
DISTRICT and the FLOOD CONTROL DISTRICT agree that it is the intent of the parties
that the WASTEWATER DISTRICT pay 51.8% and the FLOOD CONTROL DISTRICT pay
48.2% of the costs attributable to the sewer construction work undertaken pursuant to this
Agreement. The FLOOD CONTROL DISTRICT and the WASTEWATER DISTRICT
acknowledge that the WASTEWATER DISTRICT has incurred additional estimated "in
house"design costs of$6,243.00 as of June 13, 1995, thereby offsetting a portion of the
WASTEWATER DISTRICT'S share in the sewer work cost.
I. Within fourteen (14) working days after the execution of this agreement, the
WASTEWATER DISTRICT shall provide the FLOOD CONTROL DISTRICT with a deposit
equal to the WASTEWATER DISTRICT'S estimated share of the sewer cost. The
WASTEWATER DISTRICT'S estimated share of the sewer costs is $48,157.00, which is
51.8% of $105,020 less the above identified estimated "in house" design costs rounded
to the nearest dollar. The FLOOD CONTROL DISTRICT shall place the deposit in an
interest bearing trust fund and the interest accrued in that account shall be credited
against the WASTEWATER DISTRICT'S share of the sewer work cost.
J. The FLOOD CONTROL DISTRICT shall use its best efforts to substantiate the
WASTEWATER DISTRICT'S costs. The WASTEWATER DISTRICTS share of local costs
shall be apportioned from the trust fund in accordance with the above percentages and the
quarterly funding requirements reported by the CORPS.
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K. A final accounting report concerning the sewer construction, engineering, inspection and
administration costs shall be prepared by the FLOOD CONTROL DISTRICT which shall
include documentation to justify all costs, including the CORPS' bidding summary, final pay
statement and federal estimate establishing the percentage share of the total Project cost
attributable to the local work. Said final accounting report shall be produced in a timely
manner subsequent to the completion of the federal project audit. The FLOOD CONTROL
DISTRICT shall release to the WASTEWATER DISTRICT any funds and accrued interest,
less fund management expenses, which exceed the WASTEWATER DISTRICT's share
of said Project costs within thirty (30) days of the issuance of the final accounting report.
If the WASTEWATER DISTRICT's share in the sewer relocation exceeds the deposit plus
interest, the FLOOD CONTROL DISTRICT shall send with the final accounting report a
bill for the balance owed by the WASTEWATER DISTRICT. Payment for the amount owed
to the FLOOD CONTROL DISTRICT, if any, shall be made no later than forty-five (45)
days after the date of billing by the FLOOD CONTROL DISTRICT.
L. In the event that the project is stopped and the sewer is not relocated, the FLOOD
CONTROL DISTRICT shall release to the WASTEWATER DISTRICT all funds deposited
and interest accrued, less fund management expenses, pursuant to the above, except for
those costs associated with the inclusion of the sewer in the CORPS' contract documents,
including, but not limited to, the design.
8. CERTIFICATION, ACCEPTANCE, AND MAINTENANCE:
A. Upon completion of the entire Project the FLOOD CONTROL DISTRICT shall notify the
WASTEWATER DISTRICT that the sewer is ready for final inspection and acceptance by
the WASTEWATER DISTRICT. The WASTEWATER DISTRICT will be provided with
ample opportunity to perform all such inspections and testing as would be reasonable
within the industry to ascertain compliance with the specifications provided by the
WASTEWATER DISTRICT. If the WASTEWATER DISTRICT determines that the sewer,
as constructed, complies with the contract documents approved by the WASTEWATER
DISTRICT, the WASTEWATER DISTRICT shall accept the sewer without delay and notify
the FLOOD CONTROL DISTRICT in writing of such acceptance. The WASTEWATER
DISTRICT's acceptance of the sewer shall not be unreasonably withheld.
B. If the WASTEWATER DISTRICT determines that the sewer as constructed, does not
comply with the contract documents accepted by the WASTEWATER DISTRICT, the
WASTEWATER DISTRICT shall notify the FLOOD CONTROL DISTRICT .of the
deficiencies without delay. The FLOOD CONTROL DISTRICT shall thereupon notify the
CORPS of the WASTEWATER DISTRICT's position and request on behalf of the
WASTEWATER DISTRICT that the CORPS correct the deficiencies. Upon correction of
the deficiencies by the CORPS, the WASTEWATER DISTRICT shall accept the sewer
without delay and notify the FLOOD CONTROL DISTRICT in writing of such acceptance.
C. In the event a dispute arises between the WASTEWATER DISTRICT and the FLOOD
CONTROL DISTRICT or CORPS in regard to the completion and adequacy of construction
of the sewer work under this Agreement, the WASTEWATER DISTRICT shall set forth in
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writing a statement of the specific deficiencies which then allegedly remain uncorrected
and shall issue an interim acceptance subject to the deficiencies as have been set forth.
Until such time as the WASTEWATER DISTRICT has accepted the sewer or issued an
interim acceptance with a statement of deficiencies as set forth above, no portion of this
sewer shall be used or occupied by the WASTEWATER DISTRICT or members of the
public. The FLOOD CONTROL DISTRICT shall not accept the contract work as complete
until the WASTEWATER DISTRICT has accepted the sewer or, in the event the
WASTEWATER DISTRICT issues an interim acceptance, the FLOOD CONTROL
DISTRICT shall accept the contract work with the reservations set forth in the statement
of deficiencies. Upon acceptance of the sewer by the WASTEWATER DISTRICT or the
issuance of an interim acceptance, the WASTEWATER DISTRICT shall assume complete
responsibility for the maintenance of the sewer.
D. Upon the completion of the channel work, the FLOOD CONTROL DISTRICT shall make
such inspections as may be necessary and without delay notify the CORPS and the
WASTEWATER DISTRICT in writing of the final inspection and acceptance of the channel
work. The FLOOD CONTROL DISTRICT's acceptance of the channel work shall not be
unreasonably withheld. The FLOOD CONTROL DISTRICT shall assume complete
responsibility for the maintenance of the channel at such time as the notification of the
acceptance of the channel work occurs.
9. LIMITATION OF DISTRICT'S RESPONSIBILITIES: The FLOOD CONTROL DISTRICT agrees
to make all reasonable efforts to communicate to the CORPS the concerns and the desires of the
WASTEWATER DISTRICT relating to the sewer work performed under this Agreement. Not
withstanding the FLOOD CONTROL DISTRICT's obligation to convey to the CORPS all
communications relating to the sewer received from the WASTEWATER DISTRICT, the FLOOD
CONTROL DISTRICT does not guarantee, and shall not be responsible for the quality of
construction of the sewer by the CORPS. In the event of deficiencies in the sewer, the FLOOD
CONTROL DISTRICT shall not be responsible for discovering or correcting such deficiencies.
10. MODIFICATION OF AGREEMENT: This Agreement shall be subject to modification only by a
subsequent written agreement executed by both of the parties.
11. AGREEMENT EXPIRATION: Except for the provisions of Sections 5 (release), 6 (insurance and
indemnity), 8 (acceptance and maintenance), and 9 (limitations), which provisions shall survive
the expiration of this Agreement, this Agreement shall expire upon the payment of all sums
described in Section 7 of this agreement.
12. ACCOUNTABILITY: As required by Government Code Section 6505, both parties to this
Agreement shall provide strict accountability of all funds received for the work and shall report
all receipts and disbursements relating to the work.
13. POWERS: In exercising the powers set forth in this Agreement, the parties shall be subject to the
restrictions upon the manner of exercising powers applicable to the FLOOD CONTROL
DISTRICT.
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14. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties relating
to the sewer and channel. Any representation or promise of the parties relating to the work shall
not be enforceable unless it is contained in this Agreement or in a subsequent written agreement
executed by the parties.
CONTRA COSTA COUNTY FLOOD CONTROL WEST COUNTY
AND WATER CONSERVATION DISTRICT WASTEWATERbSTRICT
By: _24By:
Board of Supervisors as the President of the Disty ct
Governing Body of the Contra Costa
County Flood Control and Water
Conservation
ATTEST: Phil Batchelor, ATTEST:
Clerk of the Board of Supervisors Secretary of the District
and County Administrator
By: By:
De ty Clerk
RECOMMENDED FOR APPROVAL:
J. Michael Walford, Chief Engineer
APPROVED AS TO FORM: APPROVED AS TO FORM:
Victor J. Westman, County Counsel
By: By: 6 roe
Deputy District Counsel
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