HomeMy WebLinkAbout5.1011 Original ContractAGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE
THE CITY OF PORT ANGELES
AND
BRUCE DEES ASSOCIATES
PROJECT PK04 -2007
RELATING TO: CIVIC FIELD UPGRADES FACILITY ASSESSMENT
THIS AGREEMENT is made and entered into this 6 day of
2010, by and between THE CITY OF PORT ANGELES, a non charter code city of the State of
Washington, (hereinafter called the "CITY and Bruce Dees Associates, a limited liability
corporation authorized to do business in the state of Washington (hereinafter called the
"CONSULTANT
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WHEREAS, the CITY desires consulting and planning services related to an assessment of
upgrades needed for Civic Field; and
WHEREAS, the CITY desires to engage the professional services and assistance of a qualified
consulting firm to perform the scope of work as detailed in Exhibit A, and
WHEREAS, the CONSULTANT represents that it is in full compliance with the statutes of the
State of Washington for professional registration and /or other applicable requirements, and
WHEREAS, the CONSULTANT represents that it has the background, experience, and ability
to perform the required work in accordance with the standards of the profession, and
WHEREAS, the CONSULTANT represents that it will provide qualified personnel and
appropriate facilities necessary to accomplish the work;
NOW, THEREFORE, in consideration of the above representations and the terms, conditions,
covenants, and agreements set forth below, the parties hereto agree as follows:
I SCOPE OF WORK
The scope of professional services to be performed and the results to be achieved by the
CONSULTANT shall be as detailed in the attached Exhibit A and shall include all services and
material necessary to accomplish the work.
The CITY may review the CONSULTANT'S work product, and if it is not satisfactory, the
CONSULTANT shall make such changes as may be required by the CITY. Such changes
shall not constitute "Extra Work" as related in Section XII of this Agreement.
The CONSULTANT agrees that all services performed under this Agreement shall be in
accordance with the standards of landscape architecture and sports facility design, in
compliance with applicable federal, state and local laws.
The Scope of Work may be amended upon written approval of both parties.
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(Revised March 2010)
II OWNERSHIP OF DOCUMENTS
Upon completion of the work, all documents, exhibits, photographic negatives, or other
presentations of the work shall become the property of the CITY for use without restriction and
without representation as to suitability for reuse by any other party unless specifically verified
or adapted by the CONSULTANT. However, any alteration of the documents, by the City or by
others acting through or on behalf of the City, will be at the City's sole risk.
III DESIGNATION OF REPRESENTATIVES
Each party shall designate its representatives in writing. The CONSULTANT'S representative
shall be subject to the approval of the CITY.
IV TIME OF PERFORMANCE
The CONSULTANT may begin work upon execution of this Agreement by both parties and the
duration of the Agreement shall extend through May 30, 2010. The work shall be completed in
accordance with the schedule set forth in the attached Exhibit C.
V PAYMENT
The CITY shall pay the CONSULTANT as set forth in this section of the Agreement. Such
payment shall be full compensation for work performed, services rendered, and all labor,
materials, supplies, non salary direct costs, equipment and incidentals necessary to complete
the work.
A. Payment shall be on a lump sum basis, based on the percentage of work completed. The
CONSULTANT shall submit invoices to the CITY on a monthly basis. Invoices shall detail
the work completed under each task, the approximate percent completion of each task,
and the cumulative percent completion for all work under this agreement.
B. The CITY shall review the invoices and make payment for the percentage of the project
that has been completed less the amounts previously paid.
C. The CONSULTANT invoices are due and payable within 30 days of receipt. In the event
of a disputed billing, only the disputed portion will be withheld from payment.
D. Final payment for the balance due to the CONSULTANT will be made after the completion
of the work and acceptance by the CITY.
E. Payment for "Extra Work" performed under Section XII of this Agreement shall be as
agreed to by the parties in writing.
VI MAXIMUM COMPENSATION
Unless otherwise agreed to in writing by both parties, the CONSULTANT'S total compensation
and reimbursement under this Agreement, including labor, direct non salary reimbursable
costs and outside services, is the lump sum amount of $30,000. The budget for each task is
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(Revised March 2010)
as set forth in the attached Exhibit B. Budgets for task(s) may be modified upon mutual
agreement between the two parties, but in any event, the total payment to CONSULTANT shall
be $30,000.
VII INDEPENDENT CONTRACTOR STATUS
The relation created by this Contract is that of owner- independent contractor. The Contractor
is not an employee of the City and is not entitled to the benefits provided by the City to its
employees. The Contractor, as an independent contractor, has the authority to control and
direct the performance of the details of the services to be provided. The Contractor shall
assume full responsibility for payment of all Federal, State, and local taxes or contributions
imposed or required, including, but not limited to, unemployment insurance, Social Security,
and income tax.
VIII EMPLOYMENT
Employees of the CONSULTANT, while engaged in the performance of any work or services
under this Agreement, shall be considered employees of the CONSULTANT only and not of
the CITY, and claims that may arise under the Workman's Compensation Act on behalf of said
employees while so engaged, and any and all claims made by a third party as a consequence
of any negligent act or omission on the part of the CONSULTANT'S employees while so
engaged, on any of the work or services provided to be rendered herein, shall be the sole
obligation and responsibility of the CONSULTANT.
In performing this Agreement, the CONSULTANT shall not employ or contract with any CITY
employee without the City's written consent.
IX NONDISCRIMINATION
The CONSULTANT shall conduct its business in a manner, which assures fair, equal and
non discriminatory treatment of all persons, without respect to race, creed or national origin, or
other legally protected classification and, in particular:
A. The CONSULTANT shall maintain open hiring and employment practices and will welcome
applications for employment in all positions, from qualified individuals who are members of
minorities protected by federal equal opportunity /affirmative action requirements; and,
B. The CONSULTANT shall comply with all requirements of applicable federal, state or local
laws or regulations issued pursuant thereto, relating to the establishment of non
discriminatory requirements in hiring and employment practices and assuring the service
of all persons without discrimination as to any person's race, color, religion, sex, Vietnam
era veteran status, disabled veteran condition, physical or mental handicap, or national
origin.
X SUBCONTRACTS
A. The CONSULTANT shall not sublet or assign any of the work covered by this Agreement
without the written consent of the CITY.
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(Revised March 2010)
B. In all solicitation either by competitive bidding or negotiation made by the CONSULTANT
for work to be performed pursuant to a subcontract, including procurement of materials
and equipment, each potential subconsultant or supplier shall be notified by the
CONSULTANT of Consultant's obligations under this Agreement, including the
nondiscrimination requirements.
XI CHANGES IN WORK
Other than changes directed by the CITY as set forth in Section I above, either party may
request changes in the scope of work. Such changes shall not become part of this Agreement
unless and until mutually agreed upon and incorporated herein by written amendments to this
Agreement executed by both parties.
XII EXTRA WORK
The CITY may desire to have the CONSULTANT perform work or render services in
connection with this project, in addition to the Scope of Work set forth in Exhibit A and minor
revisions to satisfactorily completed work. Such work shall be considered as "Extra Work" and
shall be addressed in a written supplement to this Agreement. The CITY shall not be
responsible for paying for such extra work unless and until the written supplement is executed
by both parties.
XIII TERMINATION OF AGREEMENT
A. The CITY may terminate this Agreement at any time upon not less than ten (10) days
written notice to the CONSULTANT. Written notice will be by certified mail sent to the
consultant's designated representative at the address provided by the CONSULTANT.
B. In the event this Agreement is terminated prior to the completion of the work, a final
payment shall be made to the CONSULTANT, which, when added to any payments
previously made, shall compensate the CONSULTANT for the percentage of work
completed.
C. In the event this Agreement is terminated prior to completion of the work, documents that
are the property of the CITY pursuant to Section II above, shall be delivered to and
received by the CITY prior to transmittal of final payment to the CONSULTANT.
XIV INDEMNIFICATION /HOLD HARMLESS
CONSULTANT shall defend, indemnify and hold the CITY, its officers, officials, employees and
volunteers harmless from any and all claims, injuries, damages, losses or suits including
attorney fees, arising out of or resulting from the acts, errors or omissions of the
CONSULTANT in performance of this Agreement, except for injuries and damages caused by
the sole negligence of the CITY.
The CITY agrees to indemnify the CONSULTANT from any claims, damages, losses, and
costs, including, but not limited to, attorney's fees and litigation costs, arising out of claims by
third parties for property damage and bodily injury, including death, caused solely by the
negligence or willful misconduct of the CITY, CITY's employees, or agents in connection with
PW 0410_01 Professional Services Agreement doc Page 4 of 7
(Revised March 2010)
the work performed under this Agreement.
If the negligence or willful misconduct of both CONSULTANT and CITY (or a person identified
above for whom each is liable) is a cause of such damage or injury, the loss, cost, or expense
shall be shared between the CONSULTANT and the CITY in proportion to their relative
degrees of negligence or willful misconduct and the right of indemnity shall apply for such
proportion.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the
CONSULTANT, the CITY, and the officers, officials, employees, and volunteers of either, the
CONSULTANT'S liability hereunder shall be only to the extent of the CONSULTANT'S
negligence. It is further specifically and expressly understood that the indemnification provided
herein constitutes the CONSULTANT'S waiver of immunity under Industrial Insurance, Title 51
RCW, solely for the purposes of this indemnification. This waiver has been mutually
negotiated by the parties. The provisions of this section shall survive the expiration or
termination of this Agreement. However, the CONSULTANT expressly reserves its rights as a
third person set forth in RCW 51.24.035.
XV INSURANCE
The CONSULTANT shall procure and maintain for the duration of the Agreement, insurance
against claims for injuries to persons or damage to property which may arise from or in
connection with the performance of the work hereunder by the CONSULTANT, its agents,
representatives, employees or subcontractors.
No Limitation. CONSULTANT'S maintenance of insurance as required by the agreement
shall not be construed to limit the liability of the CONSULTANT to the coverage provided by
such insurance, or otherwise limit the CITY'S recourse to any remedy available at law or in
equity.
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non owned, hired and leased vehicles.
Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute
form providing equivalent liability coverage. If necessary, the policy shall be endorsed to
provide contractual liability coverage; and,
2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01
and shall cover liability arising from premises, operations, independent contractors, and
personal injury and advertising injury. The City shall be named as an insured under the
Consultant's Commercial General Liability insurance policy with respect to the work
performed for the City; and,
3. Workers' Compensation coverage as required by the Industrial Insurances laws of the State
of Washington; and
PW 041001 Professional Services Agreement doc Page 5 of 7
(Revised March 2010)
4. Professional Liability insurance appropriate to the Consultant's profession.
B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single limit for bodily injury and
property damage of $1,000,000 per accident.
2. Commercial General Liability insurance shall be written with limits no less than $1,000,000
each occurrence, $2,000,000 general aggregate.
3. Professional Liability insurance shall be written with limits no less than $1,000,000 per
claim and $1,000,000 policy aggregate limit.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions for
Automobile Liability, Professional Liability and Commercial General Liability insurance:
1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any
insurance, self- insurance, or insurance pool coverage maintained by the City shall be
excess of the Consultant's insurance and shall not contribute with it.
2. The Consultant's insurance shall be endorsed to state that coverage shall not be
cancelled, suspended or materially changed by either party, except after thirty (30) days
prior written notice by certified mail, return receipt requested, has been given to the City.
3. Any payment of deductible or self insured retention shall be the sole responsibility of the
CONSULTANT.
4. The CONSULTANT'S insurance shall contain a clause stating that coverage shall apply
separately to each insured against whom claim is made or suit is brought, except with
respects to the limits of the insurer's liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII.
E. Verification of Coverage
Consultant shall furnish the City with original certificates and a copy of the amendatory
endorsements, including but not necessarily limited to the additional insured endorsement,
evidencing the insurance requirements of the Consultant before commencement of the work.
XVI APPLICABLE LAW
This Agreement shall be construed and interpreted in accordance with the laws of the State of
PW 0410_01 Professional Services Agreement doc Page 6 of 7
(Revised March 2010)
Washington, and in the event of dispute the venue of any litigation brought hereunder shall be
Clallam County.
XVII EXHIBITS AND SIGNATURES
This Agreement, including its exhibits, constitutes the entire Agreement, supersedes all prior
written or oral understandings, and may only be changed by a written amendment executed by
both parties. The following exhibits are hereby made a part of this Agreement:
Exhibit A Scope of Work
Exhibit B Budget for Each Task and Consultant Labor Costs
Exhibit C Schedule for the Work
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and
year first written above.
CITY OF PORT ANGELES
.Azi „f7;,(e_kh,
CONSULTANT
TITLE: Li
APPR
WILLIAM E. BLOOK, CITY ATTORNEY
ATTEST:
VED AS TO FORM:
Qzmaii)a/e,A,
&IESSA HURD, CITY CLERK
PW 0410_01 Professional Services Agreement doc Page 7 of 7
(Revised March 2010)
EXHIBIT 'A'
SCOPE OF WORK
CITY OF PORT ANGELES
CIVIC FIELD FACILITY ASSESSMENT
March 17, 2010
(Revised March 29, 2010)
Description
The work shall generally consist of an overall condition assessment of the facility that lists
and ranks potential upgrades and improvements based upon associated estimates of probable
costs. The assessment shall be documented in a written report that describes each element
evaluated, and includes representative photographs, improvement or replacement options, and
projected costs. A PowerPoint presentation that includes conceptual graphics and site plans
that can be used in public meetings to visually describe the improvements are included.
Work performed by subconsultants is as follows:
Zenovic Associates Civil Engineers
Sparling Inc Electrical Engineers
Tornaod- Hellwig Architects
I. BACKGROUND DATA COLLECTION
This phase evaluates the existing conditions of the facility as described herein. Original
and renovation drawings for the facility will be provided to Bruce Dees Associates if
they are available. If drawings are not available, the condition assessment will be based
upon field visits only.
The specific scope of work is as follows:
1. Meeting #1 Meet with representatives from the City on site to:
a. Review schedule and administrative procedures for correspondence, contact
information, payment submittals, etc.
b. Determine goals and objectives of the assessment process.
2. Inventory of existing elements and conditions for the facility, divided into the
following headings:
a Athletic Field includes football soccer and baseball playing field, including
skinned area of the baseball field, field drainage, area drainage, and existing
irrigation system.
b Athletic Field Accessory Elements features that are essential to game, match,
and practice activities on the athletic field including dugouts, backstop,
bullpens, scoreboard, etc.
c Sportslighting includes assessment of the age of existing equipment, lighting
uniformity, adequacy of existing power supply, existing operational costs, and
issues related to maintenance and equipment replacement.
1 of 3 03/29/1U
d Football Stadium includes locker rooms, interior spaces, concessions,
restrooms, storage, hot water delivery system (boiler), spectator seating, PA
system, general lighting, and general cosmetic improvements (painting, new
railings, etc.).
e Baseball Stadium includes spectator seating and access, pressbox, PA system
(if required).
f General Facility Elements includes landscaping and grounds maintenance,
general area lighting, slope stability on north side of site, ADA access,
emergency and safety elements, and general site access.
II. ANALYSIS AND DEVELOPMENT OF OPTIONS
1. Assess the conditions of all elements described in the Background Data Collection
and develop options for improvements. Establish a hierarchy of options based
upon cost and quality that can be used to prioritize improvements in future phases
2. Develop comparisons of the costs for maintaining natural turf, i.e. natural turf vs
synthetic turf. Prepare a cost benefit analysis of revenue impacts between
existing and improved conditions, as well as evaluation of the long term cost
savings of replacing the existing sportslighting vs. maintenance and repair of the
existing system.
3. Meeting #2 Review assessment results and development options with City,
obtain feedback on work to date, establish final criteria for completing this section.
This meeting will take place via teleconference.
III. ASSESSMENT REPORT
1. Create an assessment report that itemizes all of the elements reviewed, includes
options for improvements, and anticipated probable cost for construction.
2. Report shall include photographs of existing conditions and graphic drawings
showing potential options.
3. Meeting #3 Review report with City at 75% completion via teleconference
4. Meeting #4 Review report with City at 100% completion via teleconference.
IV. DELIVERABLES AND GRAPHICS
1. 24" x 36" rendered plan view of the proposed options for the playing field and
football baseball stadiums.
2. Sketch elevations of the proposed options for the playing field and football
baseball stadiums.
3. PowerPoint presentation of the process and assessment results for City to use in
public presentations.
2 of 3 03/29/10
4. Final assessment report including improvement options, phasing options, and
estimates of probable construction costs. For the items listed in Exhibit 'B'.
Note:
No record or as -built drawings of the facility or any of its elements will be required.
Provided by Client
1. Site Access
Rights -of -entry upon all lands necessary for the performance of the above described
Scope of Seivices.
2. Geotechnical Investigation
The Client will provide a geotechnical study, if agreed it is needed, for assessment
purposes.
3. Environmental Testing of Existing Conditions
The Client will provide all necessary environmental testing that may be requited for
assessment purposes.
4. Revenue Utility Cost Historical Data
The Client will provide annual cost data relating to revenue generated from annual field
use under existing conditions, user fee schedule for facility use, annual utility cost data for
sportslighting, and annual maintenance costs for the overall facility. This information will
be used as a baseline for the evaluations described herein in Section I1 -2
EXTRA WORK
1. Expanded Scope of Work
If during the course of the project, the Client elects to expand the Scope of Work design
fees for the additional work shall be negotiated.
2. Schedule
In the event the schedule is extended by the Client, fees for additional time shall be
negotiated.
3 of 3 03/29/10
SCOPE OF WORK GENERAL
Specifically, the work will entail the following:
EXHIBIT 'B'
CIVIC FIELD FACILITY ASSESSMENT
TASK LIST AND FEE
March 17, 2010
Revised March 29, 2010
The work shall generally consist of an overall Condition assessment of the facility that lists and ranks upgrades and improvements
with associated estimates of probable costs. Provide a written report of the assessment that describes each element evaluated,
representative photographs, options for improvement or replacement, and projected costs. Include conceptual graphics that can be
used in public meetings and displays to visually describe the anticipated improvements.
ITEM I Principal .I LA I I LA II I CADD I CLER. I
1. ATHLETIC FIELD ASSESSMENT (Baseball and Football Soccer Fields Combined)
1 Physical Issues Surface Uniformity, Turf Condition 2 2
2 Physical Issues Surface Uniformity, Skinned Area Condition 1
3 Physical Issues Drainage (Field Related) 2
4 Physical Issues Drainage (City Storm System Related) 8
5 Physical Issues Irrigation System 2
6 °rogram Issues User Availability Existing 1
7 Program Issues User Availability Potential 1
Subtotal 0 17 0 0 2
2. ATHLETIC FIELD ACCESSORY ELEMENTS ASSESSMENT (Baseball and Football Soccer Fields Combined)
1 Baseball Backstop Condition, size, materials, height, etc 1 0
2 Baseball Bullpens Condition, location, size 1
3 Baseball Dugouts Condition, location, amenities 1
4 Scoreboard Condition, location, information required 2
5 C oal o coctc :F.st :ac., cost -te- maintain 0
6 Seeker-Goa': Cc-dition, quantity, storage 0
Subtotal 0 5 0 0 0
3. SPORTSLIGHTING ASSESSMENT (Baseball and Football Soccer Fields Combined)
1 Age of existing equipment 2 2
2 Adequacy of Existing Uniformity (Safety) 7
3 Adequacy of existing power supply 1
4 Maintenance ability to obtain parts, cost, replacement background 1
5 Ability of existing standards on roof to accept new fixtures 2
Subtotal 0 13 0 0 2
4. FOOTBALL STADIUM ASSESSMENT
1 Locker Rooms lighting. storage, lockers, toilet and shower facilities, training 8 0
2 Concession Stands Lighting, countertops. storage 2
3 Restrooms number of fixtures, type of fixtures, lighting 2
4 Officials Referees' Locker Room 1
5 Hot Water Boiler and Delivery System 4
6 General Storage 2
7 Ticket Booths 1
8 Spectator Sealing 2
9 Lexan Side Panels 2
o Signage 0
11 Pressboe 0
12 Railings 1
13 PA System 3
14 Spectator Facility Lighting 2
Subtotal 0 30 0 0 0
5. BASEBALL STADIUM FACILITY ASSESSMENT
1 Pressbox 1
2 Spectator Seating 2
Subtotal 0 3
0
0 0
Civic Field Assessment
Port Angeles, Wa
Bruce Dees Associates 1 of 2 147 -01 01
EXHIBIT 'B'
CIVIC FIELD FACILITY ASSESSMENT
TASK LIST AND FEE
March 17, 2010
Revised March 29, 2010
1 ITEM I Principal .I .......LA I 1 LA II I GADD I CLER.
6. GENERAL FACILITY ELEMENTS ASSESSMENT
1 Site access ADA, condition, location, etc 3 0
2 Slope behind dugout north hillside area 3
3 General painting and cosmetic issues 1
4 General lighting issues parking lot, etc 1
5 General maintenance issues mowing, landscaping, perimeter areas 2
Subtotal 0 10 0 0 0
7. ANALYSIS AND DEVELOPMENT OF OPTIONS
1 Athletic Field Football and Baseball Combined 1 6
2 Prepare and Revise Cost Estimate 1 3
3 Athletic Field Accessory Elements 1 3
4 Prepare and Revise Cost Estimate 1 2
5 Sponslghtm9 1 6
5 Prepare and Revise Cost Estimate 1 4
7 Football Stadium 1 6
8 Prepare and Revise Cost Estimate 1 4
9 Baseball Stadium 1 7
10 Prepare and Revise Cost Estimate 1 2
11 General Facility Elements 1 2
12 Prepare and Revise Cost Estimate 1 2
Subtotal 12 47
0
8. REPORT
1 Develop Draft Report 4 40 6
2 Prepare and Revise Cost Estimate 1 3 2
3 Client Review Meetings
a) 75% Review Meeting Minutes Meeting via teleconference 1 2 1
b) 100% Review Meeting Minutes Meeting via teleconference 1 2 1
Subtotal 7 47 0 0 10
9. GRAPHICS AND DELIVERABLES
I Concept Options for Facility Plan View Presentation Board 0 4
i Concept Options for Facility Elevations Presentation Board 1 4
Subtotal 1 8
TOTAL HOURS 20 180
Bruce Dees Associates 2 of 2
0
0
The Scope of Work shall be provided for a lump sum amount of $30,000.00
with payments made each month on a percentage of completed work.
0 0
6 0
6 0
12 0
12 14
SUMMARY OF FEES
Labor Hours S /Hour Total
PRINCIPAL 20 $140.00 $2,800 00
LA I 180 $130.00 $23.400 00
CADD 12 $100 00 $1,200 00
CLERICAL 14 $65 00 $910 00
Labor Subtotal $28,310.00
Estimated Expenses 61,690.00
Total Cost $30,000.00
Civic Feld Assessment
Pon Angeles, Wa
14/•01 -01
Exhibit 'C' Project Schedule
City of Port Angeles Civic Field Assessment
Project Schedule
I March Aoril
Phase f 29-2 5.9 I 12 -16 I 19 -23 I 26 -30
I. Playing Field Assessment lc A I I
Football I Soccer Field and Baseball Field Assessment I I I I
Athletic Field Accessory Elements Assessment I I I I I
I 1 i 1
II. Sportslighting Assessment i PI' I
1 1
III. Structure Building Assessment I 1 Or I
Football Stadium and Baseball Stadium I I I I I
General Facility Site Assessment I I I I I
I 1 I
IV. Analysis and Options Development I
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IV. Report 1 IJ 4
1 Al
V. Graphics and Deliverables 1 ;l 4
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