Item C22
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: March 16, 2005
Division:
Engineering
Bulk Item: Yes ~ No
Department: Engineering
Staff Contact Person: David S. Koppel, PE
County Engineer
AGENDA ITEM WORDING: Approval of a contract with B & L Beneway Inc. in the amount of
$97,254.00 for Duck Key Drainage Improvements.
ITEM BACKGROUND: On January 26,2005 four bids were received: (I) B & L Beneway Inc. in
the amount of$97,254.00; (2) BAT Construction, Inc. in the amount of$122,064.80; (3) Key Iron
Works, Inc. in the amount of$148,700.00; and (4) Charley Toppino & Sons in the amount of
$149,208.00.
PREVIOUS RELEVANT BOCC ACTION: The BOCC approved the Seven Year Roadway and
Bicycle Plan on December 17,2003.
CONTRACT/AGREEMENT CHANGES: New Contract
STAFF RECOMMENDATIONS:
Approval as stated above.
TOT AL COST:
$97,254.00
BUDGETED: Yes -L No
COST TO COUNTY:
$97,254.00
SOURCE OF FUNDS: Constitutional Gas Tax
REVENUE PRODUCING: Yes
No~ AMOUNTPERMONTH_ Year
APPROVED BY: County Atty -L
x
DIVISION DIRECTOR APPROVAL:
David S. Koppel, P.E., County Engineer
DOCUMENTATION:
Included X
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 2/05
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MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: B & L Beneway, Inc. Contract
Effective Date: Upon Execution
Expiration Date: 90 days after notice of
commencement
Contract Purpose/Description:
Approval to award bid and enter into a contract with B & L Beneway Inc. in the amount
of $97,254.00 for Duck Key drainage improvements
If
Contract Manager: David S. Koppel, PE fJ~4426 Engineering / # 1
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on March 16, 2005 Agenda Deadline:
CONTRACT COSTS
Total Dollar Value of Contract: $ 97,254.00
Budgeted? YesllJ No D Account Codes:
Grant: $
County Match: $
Current Year Portion: $
22506-560630-R04300-530340
- --
-----
ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
County Attorney
Changes
Needed
YesD NoD
YesD NoE:::r
YesDNo~
Y esD NOb':;Y/~
Date Out
Division Director
Risk Management
O.M.B./Purchasing
Comments:
OMB Form Revised 2/27/01 Mep #2
DUCK KEY DRAINAGE IMPROVEMENT
Section 00500
Standard Form of Agreement
Between Owner and Contractor
where the basis of payment is a STIPULATED SUM
AGREEMENT
made as of the
(In Words, indicate day, month andyear.)
day of
in the year of
BETWEEN the Owner:
(Name and address)
Monroe County Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
and the Contractor:
(Name and address)
B & L Beneway, Inc.
1865 Overseas Highway
Marathon, Florida 33050
For the following Project:
Duck Key Drainage Improvements
Duck Key
Monroe County, Florida
Scope:
Installation of two injection wells and drainage improvements.
The Construction Manager is:
Monroe County Engineering Department
1100 Simonton Street
Second Floor Room 2-216
Key West, Florida 33040
The Engineer is:
Thomas M. Timmins, P .E.
Matthew Fowler, Architect
21 Ships Way
Big Pine Key, Florida 33043
The Owner and Contractor agree as set forth below.
4-Nov-04
STANDARD FORM OF AGREEMENTBEIWEEN OWNERANDCDNIRACIDR
g)500 - 1
DUCK KEY DRAINAGE IMPROVEMENT
ARTICLE 1
The Contract Documents
The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other
Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed
in this Agreement and Modifications issued after execution of this Agreement: these form the Contract, and are as
fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire
and integrated agreement between the parties hereto and supersedes prior negotiations, representations or
agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in
Article 9.
ARTICLE 2
The Work of this Contract
The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically
indicated in the Contract Documents to be the responsibility of others, or as follows:
Scope of Work as specified in the Project Manual for this project, Section 00300.
ARTICLE 3
Date of Commencement and Substantial Completion
3.1 The date of commencement is the date from which the Contract Time of Paragraph 3.2 is measured, and
shall be the date of this Agreement, as first written above, unless a different date is stated below or provision is made
for the date to be fixed in a notice to proceed issued by the Owner.
Ten (10) calendar days from Notice to Proceed unless otherwise agreed in writing by Contractor and Construction
Manager.
Unless the date of commencement is established by a notice to proceed issued by the Owner, the Contractor shall
notify the Owner, through the Construction Manager, in writing not less than five days before commencing the
Work.
3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than
Ninety (90) Days after the Date of Commencement
subject to adjustments of the Contract Time as provided by the Contract Document
LIQUIDATED DAMAGES
Liquidated damages will be based on the Substantial Completion Date for all work, modified by all approved extension in time as set fOlih by the
Construction Manager's signature of approval on the Certificate of Substantial Completion. The liquidated damages table below shall be utilized
to determine the amount of liquidated damages.
CONTRACT AMOUNT
Under 50,000.00
$50,000.00-$99,999.00
$100,000.00-499,999.00
$500,000.0 and Up
FIRST
15 DAYS
$50.00/DA Y
100.00/DA Y
200.00/DA Y
500.00IDA Y
SECOND
15 DAYS
$IOO.OOIDAY
200.00IDA Y
500.00IDA Y
I ,OOO.OOIDA Y
31ST DAY &
THEREAFTER
$250.00/DA Y
750.00/DA Y
2,OOO.OO/DA Y
3,500.00/DA Y
The Contractor's reCOVeIY of damages, and sole remedy for any delay caused by the Owner shall be an extension oftime on the Contract.
4-Nov-04
STANDARD FORM OF AGREEMENTBEIWEENOWNERANDCDNIRAC1DR
g)SOO - 2
DUCK KEY DRAINAGE IMPROVEMENT
ARTICLE 4
Contract Sum
4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the
Contract Sum of NINETY-SEVEN THOUSAND TWO HUNDRED FIFTY-FOUR AND NO/lOO Dollars
($97,254.00) subject to additions and deductions as provided in the Contract Documents.
4.2 The Contract Sum is based upon the following altemates, if any, which are described in the Contract
Documents and are hereby accepted by the Owner: None
4.3
Unit prices, if any, are as follows:
As specified in Section 00110.
ARTICLE 5
Progress Payments
5.1 Based upon Applications for Payment submitted by the Contractor to the Construction Manager, and upon
Project Applications and Certificates for Payment issued by the Construction Manager and Architect, the Owner
shall make progress payments on account of the Contract Sum to the contractor as provided below and elsewhere in
the Contract Documents.
5.2 The period covered by each Application for payment shall be one calendar month ending on the last day of
the month, or as follows:
5.3 Provided an Application for Payment is submitted to the Construction Manager not later than the First day
of a month, the Owner shall make payment to the Contractor not later than the Twenty- first day of the Same
month. If an Application for Payment is received by the Construction Manager after the application date fixed
above, payment shall be made by the Owner not later than Twenty days after the Construction Manager receives
the Application for Payment.
5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in
accordance with the Contract Documents. The Schedule of Values shall allocate the entire Contract Sum among the
various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as
the Construction Manager or Architect may require. This schedule, unless objected to by the Construction Manager
or Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment.
5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the
end of the period covered by the Application for Payment.
5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be
computed as follows:
5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying
the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that
portion of the Work in the Schedule of Values, less retainage ofTen percent (10%). Pending final determination of
cost to the Owner of changes in the Work, amounts not in dispute may be included in applications for Payment. The
amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net
decrease in the Contract Sum shall be actual net cost as confirmed by the Construction Manager. When both
additions and credits covering related Work or substitutions are involved in a change the allowance for overhead and
profit shall be figured on the basis of net increase, if any, with respect to that change.
4-Nov-04
STANDARD FORM OF AGRE8'v1ENTBEIWEEN OWNERANDCDNIRACTDR
00500 - 3
DUCK KEY DRAINAGE IMPROVEMENT
5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably
stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the
Owner, suitably stored off the site at a location agreed upon in writing), less retainage ofTen percent (10%):
5.6.3 Subtract the aggregate of previous payments made by the Owner; and
5.6.4 Subtract amounts, if any, for which the Construction Manager or Architect has withheld or nullified a
Certificate for Payment as provided in Paragraph 9.5 of the General conditions.
5.7 The progress payment amount determined in accordance with Paragraph 5.6 shall be further modified under
the following circumstances:
5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to Ninety
percent (90%) of the Contract Sum, less such amounts as the Construction Manager recommends and the Architect
determines for incomplete Work and unsettled claims; and
5.7.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any
additional amounts payable in accordance with Subparagraph 9.10.3 of the General Conditions.
5.8 Reduction or limitation of retain age, if any, shall be as follows: None
ARTICLE 6
Final Payment
Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the
Contractor when (1) the Contract has been fully performed by the Contractor except for the Contractor's
responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to
satisfy other requirements, if any, which necessarily survive final payment: and (2) a fmal Project Certificate for
Payment has been issued by the Construction Manager and Architect: such final payment shall be made by the
Owner not more than 20 days after the issuance of the final Project Certificate for Payment, or as follows:
ARTICLE 7
Miscellaneous Provisions
7,1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract
Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract
Documents.
7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate
stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is
located.
N/A
7,3 Temporary facilities and services:
As listed in Table of Contents, Section 00001 of the Project Manual for this project.
7.4 Monroe County's performance and obligation to pay under this contract is contingent upon an annual
appropriation by the Board of County Commissioners.
7.5 A person or affiliate who has been placed on the convicted vendor list following a conviction for public
entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not
submit a bid on a contract with a public entity for the construction or repair of a public building or public
4-Nov-04
STANDARD FORM OF AGREEMENTBEIWEENOWNERANDCDNIRACIOR
.00500 - 4
DUCK KEY DRAINAGE IMPROVEMENT
work, may not submit bids on leases of real property to public entity, may not be awarded or perform work
as contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not
transact business with any public entity in excess of the threshold amount provided in Section 287.017, for
CATEGORY TWO for a period of36 months from the date of being placed on the convicted vendor list.
7.6 The following items are part of this contract:
a) Contractor shall maintain all books, records, and documents directly pertinent to performance
under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party
to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each
other party to this Agreement for public records purposes during the term of the Agreement and for four years
following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies
paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, the
Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date
the monies were paid to Contractor.
b) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be governed by
and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed
entirely in the State.
In the event that any cause of action or administrative proceeding is instituted for the enforcement
or interpretation of this Agreement, the County and Contractor agree that venue will lie in the appropriate court or
before the appropriate administrative body in Momoe County, Florida.
c) Severability. If any term, covenant, condition or provision of this Agreement (or the application
thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of
competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be
affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and
shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants,
conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this
Agreement. The County and Contractor agree to reform the Agreement to replace any stricken provision with a
valid provision that comes as close as possible to the intent of the stricken provision.
d) Attorney's Fees and Costs. The County and Contractor agree that in the event any cause of action
or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this
Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-
pocket expenses, as an award against the non-prevailing party, and shall include attorney's fees, courts costs,
investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted
pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and
customary procedures required by the circuit court ofMomoe County.
e) Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall bind and
inure to the benefit of the County and Contractor and their respective legal representatives, successors, and assigns.
t) Authority. Each party represents and warrants to the other that the execution, delivery and
performance of this Agreement have been duly authorized by all necessary County and corporate action, as required
by law.
g) Claims for Federal or State Aid. Contractor and County agree that each shall be, and is,
empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided
that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to
submission.
h) Nondiscrimination. County and Contractor agree that there will be no discrimination against any
person, and it is expressly understood that upon a determination by a court of competent jurisdiction that
discrimination has occurred, this Agreement automatically terminates without any further action on the part of any
party, effective the date of the court order. County or Contractor agree to comply with all Federal and Florida
statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to:
1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis ofrace, color or
national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss.1681-l683, and 1685-
4-Nov-04
STANDARD FORM OF AGREEMENTBEIWEENOWNERANDCDNIRACIDR
g:l500 - 5
DUCK KEY DRAINAGE IMPROVEMENT
1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as
amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act
of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse
Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug
abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970
(PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public
Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to
confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et
seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with
Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination
on the basis of disability; 10) Monroe County Code Chapter 13, Article VI, which prohibits discrimination on the
basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial
status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the
parties to, or the subject matter of, this Agreement.
i) Covenant of No Interest. County and Contractor covenant that neither presently has any interest,
and shall not acquire any interest, which would conflict in any manner or degree with its performance under this
Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement.
j) Code of Ethics. County agrees that officers and employees of the County recognize and will be
required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313,
Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency;
unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and
disclosure or use of certain information.
k) No Solicitation/Payment. The County and Contractor warrant that, in respect to itself, it has
neither employed nor retained any company or person, other than a bona fide employee working solely for it, to
solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation,
individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or
other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or
violation of the provision, the Contractor agrees that the County shall have the right to terminate this Agreement
without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee,
commission, percentage, gift, or consideration.
1) Public Access. The County and Contractor shall allow and permit reasonable access to, and
inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the
provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with
this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this
provision by Contractor.
m) Non-Waiver of Immunity. Notwithstanding he provisions of Sec. 286.28, Florida Statutes, the
participation of the County and the Contractor in this Agreement and the acquisition of any commercial liability
insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be
deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be
required to contain any provision for waiver.
n) Privileges and Immunities. All of the privileges and immunities from liability, exemptions from
laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which
apply to the activity of officers, agents, or employees of any public agents or employees of the County, when
performing their respective functions under this Agreement within the territorial limits of the County shall apply to
the same degree and extent to the perfomlance of such functions and duties of such officers, agents, volunteers, or
employees outside the territorial limits of the County.
0) Legal Obligations and Responsibilities: Non-Delegation of Constitutional or Statutory Duties.
This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation
or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by
any participating entity, in which case the performance may be offered in satisfaction of the obligation or
responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of
the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state
statute, and case law.
4-Nov-D4
STANDARD FORM OF AGREEMENTBEIWEENOWNERANDCONIRACIDR
00500 - 6
DUCK KEY DRAINAGE IMPROVEMENT
p) Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the terms, or any
of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any
service or program contemplated hereunder, and the County and the Contractor agree that neither the County nor the
Contractor or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise
indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under
this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes
contemplated in this Agreement.
q) Attestations. Contractor agrees to execute such documents as the County may reasonably require,
to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement.
r) No Personal Liability. No covenant or agreement contained herein shall be deemed to be a
covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual
capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement
or be subject to any personal liability or accountability by reason of the execution of this Agreement.
s) Execution in Counterparts. This Agreement may be executed in any number of counterparts, each
of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument
and any of the parties hereto may execute this Agreement by singing any such counterpart.
t) Section Headings. Section headings have been inserted in this Agreement as a matter of
convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will
not be used in the interpretation of any provision of this Agreement.
u)
Proj ect
Special Conditions, if any are detailed in Section 01000 of the Project Manual for this
ARTICLE 8
Termination or Suspension
8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General
Conditions.
8.2 The Work may be suspended by the Owner as provided in Article 14 of the General Conditions.
Article 9
Enumeration of Contract Documents
9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are
enumerated as follows:
9.1.1 The Agreement is this executed Standard Form of Agreement between Owner and Contractor.
9.1.2 The General Conditions are the General Conditions of the Contract for Construction.
9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated
October 2004, and are as follows:
Document
Title
Pages
As listed in Table of Contents, Section 0000 1 of the Project Manual for this project.
9.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 9.1.3, and are as
follows:
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STANDARD FORM OF AGREEMENTBEIWEENOWNERANDmNIRAcroR
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DUCK KEY DRAINAGE IMPROVEMENT
As listed in Table of Contents, Section 00001 of the Project Manual for this project.
9.1.5 The Drawings are as follows, and are dated on each individual drawing unless a different date is shown
below:
As listed in Table of Contents, Section 00001 ofthe Project Manual for this project.
Contract Drawings.
9.1.6 The Addenda, if any, are as follows:
Number
1
Date
January 21,2005
Pages
3
Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding
requirements are also enumerated in this Article 9.
9.1.7 Other documents, if any, forming part of the contract Documents are as follows: Monroe County
Bid Form in Section 00110.
This Agreement is entered into as of the day and year first written above and is executed in at
least four original copies of which one is to be delivered to the Contractor, one each to the
Construction Manager and Architect for use in the administration of the Contract, and the
remainder to the Owner
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
By
Deputy Clerk
Date
(SEAL)
Attest:
ANN A. T ON
ASSISTANT ~OU.:1~ PT7!~Y
Date. I I
CONTRACTOR
By:
By:
Title:
Title:
END OF SECTION 00500
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