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.__ Consent Agenda
-~ON_C'
(~~!)~ JEFFERSON COUNTY PUBLIC HEALTH
"i;.;,;~'" 615 Sheridan Street. Port Townsend . Washington . 98368- .
'~1._0- www.Jeffersoncountypubllchealth.org
February 18, 2011
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
FROM:
DATE:
SUBJECT:
Board of County Commissioners
Philip Morley, County Administrator
Stuart Whitford, Environmental Health Director
rh.M~ aB I d-.@II
Agenda Item - Contract Agreement with Jefferson County
Conservation District in connection with Chimacum Creek Clean Water
Project, Amendment #1; November 18, 2010 - June 30, 2011; No
additional funding requested
TO:
STATEMENT OF ISSUE:
Jefferson County Public Health, Water Quality Department, Is requesting Board approval of the
Contract Agreement with Jefferson County Conservation DIstrict In connection with Chlmacum Creek Clean
Water Project, Amendment #1; November 18, 2010- June 30, 2011; No additional funding requested
J!NAL YSIS/STRATEGIC GOALS/PRO'S and CON'S:
This Is an amendment to the existing contract. This amendment extends the period of performance to
reflect an extension by the Department of Ecology and revises the SOW. The contractor will continue to
perform water quality monitoring activities and Best Management Practice Implementation In connection
with Chlmacum Creek Clean Water Project. JCCD will update the drainage-wide plan, analyze sampling
results, submit data In a final report and conduct final outreach activities.
FISCAL IMPACT /COST BENEFIT ANALYSIS:
This contract is funded by a Department of Ecology Centennial Qean Water grant. No additional funding Is
requested. RemaInIng funds have been allocated to existing tasks In a revised budget.
RECOMMENDATION:
JCPH management requests approval of the Contract Agreement with Jefferson County Conservation
DIstrict in connection with Chlmacum Creek Clean Water Project, Amendment #1; November 18, 2010 -
June 30, 2011; No additional funding requested
3/;(1/
Date
COMMUNITY HEALTH
DEVELOPMENTAL DISABILITIES
MAIN: (360) 385-9400
FAX: (360) 385-9401
PUBLIC HEALTH
AlWAYS WORKING FOR A SAFER lliIO
HEALTHIER COMMUNIn
ENVIRONMENTAL HEALTH
WATER QUALITY
MAIN: (360) 385-9444
FAX: (360)379-4487
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CONTRACT AMENDMENT #1
Between
Jefferson County Conservation District
And
Jefferson County
THIS AGREEMENT was entered into between the County of Jefferson, a municipal corporation here inaner
referred to as ''the County", and the Jefferson County Conservation District, hereinafter referred to as "the
Contractor", on October 21, 2006, in consideration of the mutual benefits, terms, and conditions hereinafter
specified.
I. Proiect Designation. The Contractor is retained by the County to perform water quality monitoring
activities and Best Management Practice Implementation in connection with the Chimacum Creek Clean
Water Project. This amendment extends the project deadline and adjusts the distribution of remaining
unspent funds to existing tasks.
2. SCODe of Services. Contractor agrees to perform the revised scope of services, identified on Exhibit A,
Revised ScopeofWork, attached hereto, including the provision of all labor, materials, equipment, and
supplies. All other required performance in the original scope of work has been completed by the
Contractor except for the items in Exhibit A.
3. Revised Budget. A revised budget is included in Exhibit A distributing unspent funds to existing tasks.
The total amount remains the same. '"
4. Time for Performance. This amendment extends the agreement and continues through June 30, 2011
unless terminated as provided herein.
. All other terms and conditions of the original agreement and any amendments remain in full force and effect.
DATED this
day of
,2011.
By
John Austin, Chair
Jefferson Board of County
issioners
By
Glen Huntingford
Jefferson County Co servation District
Attested:
Clerk of the Board
~rov~ 3 )2/Z3\\
David Alvarez, Chief Civil PA
Page 1 of3
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Chimacum Creek Contract Aqreement
Jefferson County Conservation District & Jefferson County
Exhibit A
Revised Scope of Work
(2011 revisions in bold and italics)
Task 1 - Proiect Administration/Management
Required Performance:
4. Submittal of draft project completion report to the County no later than June Iff', 2011.
5. Submittal of final project completion report to the County no later than June 2,fh, 2011.
Task 2 - Water Ouality Sampling and Analvsis
Required Performance:
11.5 Conduct additional sampling where needed to pinpointfecal coliform sources.
12.5 Submit all water quality data to Ecology's Environmental Information Management (ElM)
system and provide documentation that this was completed by June 2.fh, 2011.
13.5 Write final report that describes all project deliverables, including an assessment of all water
quality data collected and analyzed.
Task 3 - Pollution Identification and Correction
Required Performance:
3. Update the drainage-wide plan to implement BMPs to address high temperature and invasive
plant infested corridors ofChimacum Creek. Submit the plan to the County by May 30, 2011.
Task 4 Best Management Practices Implementation
Required Performance:
1. Update drainage-wide conservation plan by May 30,2011.
3. Develop individual Farm Plans for approximately 10 farms for riparian restoration by May 30,
2011.
5. Prepare and plant 2,000 feet of stream bank by May 30,2011.
6. Invasive vegetation removed along two miles of waterway by May 30,2011.
Task 5 - Public Outreach and Education
Required Performance:
I. Participate in two public information meetings in the project area to discuss project results.
4. The Contractor will conduct one workshop for livestock owners on BMPs and services
available by May 30, 2011.
Page 2 of 3
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Chimacum Creek Contract Aareement
Jefferson County Conservation District & Jefferson County
Revised Budaet
JCCD Chimacum Creek (;]60tract Budget ~
~ ~
~ ~ ~ - ~
Original Funds spent Funds Revised
Budget thru 11/Z010 Remaining Z011 Budget Budget
Task 1 $ 5,052.00 $ 13,057.88 $ (8,005.88) $ 3,000.00 $ 16,057.88
TaskZ $ 102,013.00 $109,659.72 $ (7,646.72) $ 16,000.00 $ 125,659.72
Task 3 $ 7,745.00 $ - $ 7,745.00 $ - $ -
Task 4 $ 65,844.00 $ 32,120.80 $ 33,723.20 $ 16,639.43 $ 48,760.23
Task 5 $ 16,142.00 $ 4,318.17 $ 11,823.83 $ 2,000.00 $ 6,318.17
Totals $196,796.00 $ 159,156.57 $ 37,639.43 $ 37,639.43 $196,796.00
Page 3 of3
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AGREEMENT
Between
Jefferson County Conservation District
And
Jefferson County
TIllS AGREEMENT is entered into between the County ofJefferson a municipal corporation,
hereinafter referred to as "the County'" and Jefferson County Conservation District, (JeCD),
hereinafter referred to as "the Contractor", in consideration of the mutual benefits, tenns, and
conditions hereinafter specified.
1. Proiect DesianAtion. The Contractor is retained by the County to perform water quality
monitoring activities and Best Management Practice Implementation in connection with
theChimacum Creek Clean Water Project.
d. Payment as provided in this section shal1 be full compensation for work
performed, services rendered and for all materials, supplies, equipment and
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incidentals necessary to complete the work.
e. The Contractor's records and accounts pertaining to this agreement are to be kept
available for inspection by representatives of the County and state for a period of
six (6) years after final payments. Copies shall be made available upon request.
S. Ownership and Use of Documents. All documents, drawings, specifications and other
materials produced by the Contractor in connection with the services rendered under this
agreement shall be the property of the County whether the project for which they are
made is executed or not The Contractor shall be permitted to retain copies, including
reproducible copies, of drawings and specifications for information, reference and use in
connection with Contractors endeavors.
6. Comoliance with laws. Contractor shall, in performing the services contemplated by this
agreement, faithfully observe and comply with all federal, state, and 10ca1laws,
ordinances and regulations, applicable to the services to be rendered under this
agreement.
7. Indemnification. Contractor shall indemnify, defend and hold harmless the County, its
officers, agents and employees, from and against any and all claims, losses or liability, or
any portion thereof, including attorneys fees and costs, arising from injury or death to
persons, including injuries, sickness, disease or death to Contractor's own employees, or
damage to property occasioned by a negligent act, omission or failure of the Contractor.
8. Insurance. The Contractor shall obtain and keep in force during the terms of the
Agreement, or as otherwise required, the following insurance with companies or through
sources approved by the State Insurance Commissioner pursuant to RCW 48.05:
a. Worker's compensation and employers liability insurance as required by the State of
Washington.
b. Commercial Automobile Liability Insurance providing bodily injury and property
damage liability coverage for all owned and non-owned vehicles assigned to or used
in the performance of the work for a combined single limit of not less than $300,000
each occurrence.
9. Indeoendent Contractor. The Contractor and the County agree that the Contractor is an
independent contractor with respect to the services provided pursuant to this agreement.
Nothing in this agreement shall be considered to create the relationship of employer and
employee between the parties hereto. Neither Contractor nor any employee of Contractor
shall be entitled to any benefits accorded County employees by virtue of the services
provided under this agreement. The County shall not be responsible for withholding or
otherwise deducting federal income tax or social security or for contributing to the state
industrial insnrance program, otherwise assnrning the duties of an employer with respect
to Contractor, or any employee of Contractor.
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10. Discrimination Prohibited. The Contractor, with regard to the work performed by it
under this agreement, will not discriminate on the grounds of race, color, national origin,
religion, creed, age, sex or the presence of any physical or sensory handicap in the
selection and retention of employees or procurement of materials or supplies.
11. Assi~ent and Subcontractinl!. The Contractor shall not sublet or assign any of the
services covered by this agreement without the express written consent of the County.
12. Termination.
a The County reserves the right to terminate this agreement at any time by giving
ten (14) days written notice to the Contractor.
b. In the event of the death of a member, partner or officer of the Contractor, or any
ofits supervisory personnel assigned to the project, the surviving members of the
Contractor hereby agree to complete the work under the terms of this agreement,
if requested to do so by the County. This section shall not be a bar to
renegotiations of this agreement between surviving members of the Contractor
and the County, if the County so chooses.
13. Intearated Aareement This Agreement together with attachments or addenda, represents
the entire and integrated agreement between the County and the Contractor and
supersedes all prior negotiations, representations, or agreements written or oral. This
agreement may be amended only by written instrument signed by both County and
Contractor.
DATED this
&nd
daYOfJ,lV\tAr!..vy ,2007.
JIM!:-
Jefferson Board of County Commissioners
li..pproved as to form only:
I Ll'26 IO~
Jeffernon Co. Prosecutor's
By
Attested:
Exlu"bit A
Scone of Work
Jefferson Co. Conservation District
Task 1 - Proiect Administration/Manal!ement
A. JCCD shall administer the project responsibilities as outlined in other tasks.
Responsibilities shall include, but not be limited to: maintenance of project records;
submittal of payment vouchers, fiscal forms, and progress reports; compliance with
applicable procurement, contracting, and interlocal agreement requirements; attainment
of all required permits, licenses, easements, or property rights necessary for the proj ect;
and submittal of required performance items.
B. JCCD shall mHnHge the project responsibilities as outlined in other tasks. Efforts shall
include conducting, coordinating, and scheduling project activities and assuring quality
control. Every effort will be made to maintain effective communication with Jefferson
County Public Health (JCPH) and Washington Department of Ecology (WDOE)
designees, all affected local, state, or federal jurisdictions, and/or any interested
individuals or groups. JCCD shall carry out this project in accordance with any
completion dates outlined in this agreement.
C. JCCD shall submit all invoice voucher submittals and supportive documentation, to the
JCPH Financial Manager. .
D. JCCD shall submit to the JCPH Project Manager the following documents.
. Draft project completion reports
. Final project completion reports
. Electronic copy of final project completion report
The final project completion report shall contain deliverables (milestones) from each task,
a snmmHry page stating the items completed in each task, and a table of contents. The
final completion report shall be due 45 days prior to the expiration date.
E. Required Performance:
1. Effective arlministration and management of JCCD responsibilities in this grant
project.
2. Maintenance of all project records.
3. Submittal of all required performance items, progress reports, financial vouchers,
and maintenance of all project records.
4. Submittal of draft project completion report to JCPH no later than September 30,
2010.
5. Submittal of fina1 project completion report to JCPH no later than November 1,
2010.
Task 2 - Water Qualitv Samnlinl! and Analvsis
A. Prior to initiating water quality monitoring activities, JCCD sha1l prepare a Quality
Assurance Project Plan (QAPP) in accordance with the DOE's Guidelines for Preparing
Quality Assurance Project Plans for Enviromnental Studies. JCCD may also reference
Techuical Guidance for Assessing the Quality of Aquatic Enviromnents, February 1994
(Ecology Publication No. 91-78, available on the DOE's Publications website at
http://www.ecy.wa.gov/biblio/9178.html), in developing the QAPP.
The QAPP shall include detailed information on the water quality monitoring approach
and laboratory protocols, including types of data and samples to be collected, sample
location. sampling frequency, sampling procedures, analytical methods, quality control
procedures, data handling protocols, and data assessment procedures. Any discnssion of
the monitoring approach must also include an explanation of how the project will yield
sufficient information to achieve the purpose and intent of monitoring. A discussion of
data accuracy and statistical requirements will be included. The QAPP shall be submitted
to the DOE for review, comment, and approval PRIOR to commencing enviromnental
monitoring activities.
Water samples requiring bench testing shall be analyzed by an enviromnenta11aboratory
accredited by the DOE.
All monitoring data collected or acquired under this agreement shall be managed in order
to be available to secondary users and meet a ten- (10) year rule. The ten-year rule
means that data documentation is sufficient to allow an individual not directly familiar
with the specific monitoring effort to understand the purpose of the data set, methods
used, results obtained, and quality assurance measures taken, ten years after the data are
collected. To assist in this effort, the DOE has created a database and data format for
enviromnental data.
JCCD shall submit all monitoring data to JCPH and DOE consistent with the DOE~s
Enviromnentallnformation Management System (ElM) format The data submittal
portion of the EIM website provides information and help on formats and requirements
for submitting tabular data
B. JCCD will assist JCPH to prepare a plan for restoring Chimacum Creek to water quality
standards for temperature and fecal coliform bacteria. The plan will be submitted to the
DOE for approval.
C. JCCD will conduct water quality sampling for fecal coliform bacteria and temperature at
26 stations throughout the drainage and temperature at 35 or more stations. Frequency
and dates of sampling are listed in Task 2.E.
D. JCCD will coordinate with NOSC staff and trained volunteers will collect macro-
invertebrate samples in key corridors of Chimacum Creek following Benthic-Index of
Biological Integrity (B-ffiI) protocol guidelines. Ten B-ffiI survey sites will be surveyed
in Chimacum Creek. Sampling sites have been selected based on four main criteria:
relation to habitat for ESA listed Summer Chum recovery, proximity to habitat
restoration sites, substrate suitability for maintaining protocol standards, and proximity
to JCCD's long-term water quality sampling sites.
E. Reauired Performance:
1. Submit draft QAPP by January 30, 2007 with the intention to have a QAPP approved by
April 30,2007.
2. Locate all temperature and fecal coliform monitoring stations and obtain landowner
permission to sample by April 30, 2007.
3. Purchase temperature data loggers by January 31, 2007.
4. Perform laboratory quality control check on temperature data loggers by March 28,2007.
Replace any defective temperature data loggers by May 15, 2007.
5. Install all temperature data loggers by May 15,2007. Temperature data loggers will begin
recording temperature every hour beginning on May 15, 2007.
6. Remove and download all temperature data loggers after September 30, 2007.
7. Submit temperature charts to JCPH by November 30,2007,
8. Re-install all temperature data loggers by May 15,2008 and 2009.
9. Remove and download all temperature data loggers after September 30, 2008 and 2009.
10. Submit temperature charts to JCPH by November 30, 2008 and 2009.
11. Collect fecal coliform samples monthly from October 2007 to September 2008 and from
October 2009 to September 2010.
12. Submit raw fecal coliform data to JCPH in January, April, July, and October of2008 and
2010.
13. Analyze temperature and fecal coliform data to include in final report.
14. Collect benthic invertebrate samples with volunteer teams and school groups each year in
2007,2008, and 2009.
IS. Process three replicate samples from each often sites by June each year 2008,2009, and
2010 thus creating a Benthic Index of Biological Integrity (B-ffiI), disseminate information
through newsletter and public and classroom presentations.
16. Submit a report to JCPH discussing the B-ffiI findings by June of2008, 2009, and 2010.
Task 3 Pollution Identification and Correction
A. JCCD will conduct a stream reach audit based on existing water quality data which will
identify high-priority stream reaches throughout the Chimacum Watershed.
B. JCCD will conduct stream audits in low-flow areas to determine the best course of action
that will address invasive plants that are causing blockages and high temperatures in the
stream corridor. Using information from the andits, JCCD will develop a plan to
implement BMPs that address high temperatores and invasive plants that are interfering
with salmon rearing and spawning throughout Chimacum Creek. The plan will be used
as a template for future water quality projects in Jefferson County.
C. Required Performance:
1. During the first year of the project, the JCCD will conduct stream audits in the
project area.
2. JCCD will report findings to JCPH by December 31 st, 2007.
3. Prepare a drainage-wide plan to implement BMPs to address high temperature and
invasive plant infested corridors of Chimacum Creek. Submit the plan to JCPH
by December 31, 2008.
Task 4 Best Manae;ement Practices Imulementation
A. JCCD will develop a drainage-wide conservation plan that addresses agricultural waste
and run-off identified on farms through the stream-reach audit phase of the project.
JCCD will develop a template to prepare farm plans for each cooperating farm found to
be contributing fecal coliform pollution during the pollution identification and correction
phase of the project.
B. JCCD will implement BMPs on each cooperating property based on a priority list that
ranks properties according to water quality impacts. JCCD will implement DOE
approved BMPs detailed in each respective farm plan provided adequate funding for
BMP implementation is available.
C. Technical assistance for eligible water quality related agriculture activities provided under
the terms of this grant shall be consistent with current U.S. Natural Resources
Conservation Service (NRCS) standards and/or Technical Guide. However, technical
assistance, proposed practices, or project designs that do not meet these standards may be
accepted if approved in writing by the NRCS and the DOE.
D. All best management practices (BMPs) will be implemented according to NRCS
Standards and Specifications.
E. If JCCD wishes to design a buffer not consistent with requirements below, JCCD shall
submit a plan to the DOE for approval and a written explanation as to why the following
requirements cannot be met. In addition to these specific requirements, all restoration
activities must be consistent with the Stream Habitat Restoration Guidelines (see
Attachment 2 for applicable document reference):
1) Riparian Buffers:
a. For agricultural areas, minimmn buffer size for streams shall be an average
width of 35 feet (on both sides of the stream). For those streams wbich
provide habitat for endangered or threatened aquatic species, the minimum
buffer size shall be an average of 50 feet. For all such streams, it is
recommended that JCCD use Washington Department ofFish and
Wildlife buffer widths found in the Final Joint Washington Department of
Fish and Wildlifeffribal Wild Salmonid Policv. When buffers are to be
created in forested areas, buffer width must also be consistent with Forest
Practices Rules.
b. JCCD shall obtain a conservation easement or a landowner agreement
signed by the landowner prior to the establishment of a riparian buffer on
private property. The conservation easement shall be consistent with
Funding Guidelines V olmne One. The easement or a landowner
agreement must be effective for a minimutri of ten- (10) years unless
otherwise authorized by the DOE.
c. JCCD must develop a written and signed three- (3) year maintenance plan
prior to establishing all riparian buffers. This plan shall detail
responsibilities for both the landowner and JCCD and must include details
concerning, but not limited to, watering plants, replacing dead plants,
controlling noxious weeds, and repairing and maintaining buffer fencing.
d. Buffers established as part of this grant may not violate county Critical
Area Ordinances, county Shoreline Rules, and/or other state and local
regulations.
2) Riparian Plantings:
a. JCCD may subcontract with North Olympic Salmon Coalition (NOSC) for
implementation of riparian planting projects
b. JCCD/NOSC will develop plans for all riparian plantings, prior to
establishment, which include plant locations and species. The plan shall
be based on an assessment of native plant associations and community
types
c. JCCD/NOSC shall only plant species, which may be shown to be riparian
in nature and indigenous to the primary watershed where the buffer is
being established (ask the question, "Would this plant historically have
occurred at this site?'').
d. ICCD/NOSC sha11, to the greatest extent possible, use genetica11y
appropriate plant materials collected from the primary or secondary
watershed where the buffer is to be established.
e. ICCD/NOSC sha11, to the greatest extent possible, utilize plant species
which are early successional within the primary watershed. Early
successional species are those whose characteristics are such that they are
first to colonize after a disturbance.
3) Streambank Protection:
a. Streambank protection projects must not stand alone, but be part of a
larger riparian buffer project. The project must include the buffer and
planting requirements listed above.
b. Rock should not be used to armor a bank against the erosive forces of a
stream or river unless a bridge, road, or other man-made structure cannot
be protected by any other means. In any situation where rock is to be used,
the ICCD must submit the design to the DOE for review and approval.
c. Streambank protection designs must be consistent with the Aauatic
Habitat Guidelines Intel!I'ated Streambank Protection docwneJi.t provided
by the DOE of Ecology upon request or found at the following website:
htto://www.wa.l!ovlwdfw/hab/ahwstrmbank.htm
4) Livestock Watering:
a. If the ICCD proposes to convey water from a stream or river to a stock
tank, the project must be consistent with the Policy for Conveyinl!
Stockwater Awav From Streams to Protect Water Quality (Water
Resources Program Policy POLo! 025). This policy allows small amounts
of water consistent with historic practice to be diverted to stockwater tanks
for conswnption by livestock.
b. Off-stream watering systems shall be the priority above designs that
include water gaps in fencing for livestock access. If the JCCD wishes to
design water gaps, a plan must be submitted to the DOE which details the
design and a description of why off-stream systems cannot be utilized as
well as detailing how potential impacts to water quality resulting from
water gaps will be minimized.
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F. Required Performance:
Develop a drainage-wide conservation plan by December 31st, 2008.
Develop template for farm plans.
Develop individual Farm Plans for approximately 10 farms for riparian restomtion
by December 31 st, 2008.
Plant, water, and control weed competition of 1,000 new riparian trees per year in
2007-2009 (3,000 trees total to be completed before May 2009).
Gather and train 100 students and community members to plant, water, and weed.
Acquire at least 3.000 trees and rear in three Chimacum Valley volunteer
nurseries.
Prepare and plant 2,000 feet of stream bank by May 2009.
Invasive vegetation removed along two miles of waterway by 2009.
1.
2.
3.
4.
a.
b.
5.
6.
Task 5 - Public Outreach and Education
A. JCCD will participate in two informational meetings organized by JCPH to introduce the
project to residents in the project area.
B. JCCD will provide information to JCPH for a quarterly newsletter to the residents in the
project area. The newsletter will discnss project results, BMPs, water conservation tips
and other key issues specific to the project area.
C. JCCD will participate in two mid-project and two end-of-project meetings to discuss
results of the project with the residents in the project area.
D. Provide three copies of all educational materials to JCPH, including:
1. Tangible items, such as: brochures, manuals, pamphlets, door-hangers, videos,
audio tapes, CDs, curricula, posters, media announcements, refrigemtor magnets.
2. Names and contact information oflocal project leads
3. Computer:file copies of education products and websites on CD-ROM
4. Technical assistance tools if they are disseminated to a group
5. For items where providing a copy is impmctical, such as a sign, display,
workshop, or educational program, provide a complete description including
photographs.
E. Required Performance:
1. Participate in six information meetings in northern and southern parts of project
area to introduce project to residents in project area.
2. Assist JCPH to advertise the informational meetings in the JCCD newsletter, by
doorhanger, and NOSC websites four weeks in advance.
3. Contribute to a quarterly newsletter to residents in project area regarding project
results, BMPs, water conservation tips, and other key issues.
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Budget: For Informational Onlv
.
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Task 1 5370 1590 6960
Task 2 64135 15.812 6.000 4.140 4000 1022 9600 16000 120 709
Task 3 8.427 2093 10 520
Task 4 37970 9505 . 7600 19.200 3000 77175
Task 5 16.973 4.218 21191
Total
Including 33.218 4140 4000 19.200
match 132 875 6000 1022 7600 9600 16 000 3000 236.555
. . match 39759
Total less 7Mn 19.200
match 93.116 33 216 6000 4.140 4000 1022 9600 16.000 3000 196796
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lolalless -
TOTAL Match match
Task 1 6960 1908 5052 I.
task 2 120 709 18966 101743
task 3 10.250 2,505 7745
task 4 77175 11331 65 844
task 5 21191 ~ 5049 16142
23S;llll5 39759 196796
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