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HomeMy WebLinkAboutEDB Defer Action for ITB 22-23-A05 Peters Creek Expansion Pipeline Project FINAL - cothvi CLAY COUNTY UTILITY AUTHORITY Aim MEMORANDUM TO: Jeremy D. Johnson, Executive Director FROM: Darrin G. Parker, Contract& Procurement Specialist THRU: Paul Steinbrecher, PE, Chief Engineer DATE: December 29, 2022 RE: Defer Action for Invitation to Bid No. 2022/2023-A05 Peters Creek Water Reclamation Facility (WRF) Expansion& Pipeline Project On October 27, 2022, staff advertised ITB# 2022/2023-A05 entitled Peters Creek WRF Expansion & Pipeline in the Florida Times Union and on CCUA's Bonfire Procurement Portal. An Onsite Pre-Bid Meeting was held on November 8, 2022, and was attended by four(4) Prime Contractors. On December 21,2022, CCUA received one(1)response from Wharton-Smith Inc. The bid amount is as follows: CTWharton-Smith, Inc. $65,573,000 (excluding owner-purchased equipment) The bid amount for this project significantly exceeds the Engineer of Record's Opinion of Probable Construction Cost (OPCC) which was $36,400,000, excluding owner-purchased equipment. Engineering expressed an interest in further discussion with the Contractor for review of the re submittal. Therefore, Staff recommends the Board of Supervisors defer action pending further discussion with low Bidder regarding potential voluntary reduction of bid. Deferring action is supported by Section 6 of CCUA Resolution No. 2020/2021-06. The bid submitted by the qualified Contractor appears beyond historical and recent pricing trends. Staff considers understanding of the elements and factors that make-up the bid incredibly important. Staff will return to the Board of Supervisors with a recommendation on how to proceed with this project. Attachments: ITB 2022/2023-A05 Bid Form - Wharton-Smith, Inc. CCUA Resolution No. 2020/2021-06 //DP(Author) //AW,PS,AB (Review) //JJ(Final) SECTION 00300 BID FORM BID NO.2022/2023-A05 Peters Creek WRF Expansion Project and Peters Creek WRF Expansion Pipelines Project CLAY COUNTY UTILITY AUTHORITY SUBMITTED BY: Wharton-Smith, Inc. DATE: December 21, 2022 Company: 750 Monroe Road Address: Sanford, FL 32771 Contractor No.: Bid No. 2022/2023-A05 DUNS No.: 115152639 Email: Contact: Sean White; swhite@whartonsmith.com The undersigned, as Bidder, hereby declares that the only person or persons interested in the proposal as Principals is,or are named herein and that no other person that is herein mentioned has any interest in this proposal or in the contract to be entered into;that this proposal is made without connection with any other person, company, or parties making a bid or proposal; and that it is in all respects fair and in good faith,without collusion or fraud. The Bidder further declares that he has examined the site of the work and informed himself fully in regard to all conditions pertaining to the places where the work is to be performed; that he has examined the plans and specifications for the work and contract documents relative thereto,that he has read all special provisions furnished prior to the opening of bids, and that he has satisfied himself relative to the work to be performed. The Bidder proposes and agrees, if this proposal is accepted, to contract with the AUTHORITY in the form of contract specified, to furnish all necessary materials, equipment, machinery, tools, apparatus, means of transportation and labor necessary to complete the contract in full and complete it in accordance with the shown,noted, described and reasonable intended requirements of the plans and specifications and contract documents to the full satisfaction of the contract with the AUTHORITY with a definite understanding that no money will be allowed for extra work except as set forth in the attached General Conditions and contract documents, as follows: 003000-1 PETERS CREEK WRF EXPANSION PROJECT AND BID FORM PETERS CREEK WRF EXPANSION PIPELINES PROJECT OCTOBER 2022 BID SCHEDULE Total Lump Sum Bid Price is to be the sum of the Amounts shown for all items listed on the Bonfire Procurement Platform and are to include all labor,materials,equipment,and incidentals necessary to perform the work as indicated in the Contract Documents. Work includes,but is not necessarily limited to, all the items listed in the specification and shown on the Drawings, based upon the undersigned's own estimate of the quantities and costs. The Bid Table and Bid Price will be submitted on the Bonfire Procurement Platform. The Successful Bidder shall commence ordering materials and equipment within ten (10) calendar days after receipt of a Notice to Proceed from the AUTHORITY. Equipment, pipes, valves and fittings have been pre-purchased by CCUA. A list of the pre-purchased equipment is provided in the Specifications. The Contractor shall coordinate with the suppliers of the pre-purchased equipment to understand lead times, short-term and long-term storage requirements, and installation requirements. The Existing Peters Creek WRF Interim Modifications shall reach Substantial Completion within two hundred(200)calendar days after receipt of a Notice to Proceed.For the remainder of the work, the Successful Bidder shall reach Substantial Completion within six hundred and Eighty-eight(688) calendar days after receipt of a Notice to Proceed and shall reach Final Completion within seven hundred and forty-eight(748) calendar days after receipt of a Notice to Proceed. At the AUTHORITY's option,the Contractor shall be required to provide the AUTHORITY with the details of Contractor's Purchase Order,including vendor quote(s),vendor name,address,and quantity and type of materials being ordered. The AUTHORITY may choose to order the major materials and/or equipment direct.Should the AUTHORITY choose to do this,any payment that is made direct by the AUTHORITY (plus an amount equal to the sales tax that would have been paid by the Contractor) for the materials shall be a direct deduct from the Contractor's contract as if the payment were made direct to the Contractor. The purpose of this provision is to save the amount of sales taxes that would be otherwise assessed to the Contractor for the major material purchases and/or to expedite material delivery by owner prepurchase. It shall be the Contractor's responsibility to ensure conformance with contract requirements, coordinate ordering, deliveries, submit Shop Drawings, receive and verify accuracy of such shipments and, unload such shipments as if Contractor had purchased the materials direct. Any Shop Drawings received directly by the AUTHORITY from the suppliers will be forwarded by the AUTHORITY to the Contractor for the Contractor's review of accuracy and correctness of the Shop Drawings,and the Contractor shall provide an approval action on each product. Contractor then shall submit Shop Drawings to the Design Engineer for review and approval action. After the Contractor and Engineer have reviewed and approved the Shop Drawings,they then shall be submitted to the Clay County Utility Authority for review. The Contractor will not be responsible for coordination of shop drawings for pre-purchased equipment but is responsible for incorporation of the pre-purchased materials into the Project. The Contractor shall include all risk of loss and bear the cost of insurance on all materials purchased tax exempt. Once the AUTHORITY's Purchase Order is prepared, then it will be returned to the Contractor for proofing and mailing to the vendor. 003000-2 PETERS CREEK WRF EXPANSION PROJECT AND BID FORM PETERS CREEK WRF EXPANSION PIPELINES PROJECT OCTOBER 2022 The Bidder further proposes and agrees to commence work under the Bidder's contract on a date to be specified in the Notice-to-Proceed and shall complete all work there under within the time schedule in the Agreement. Allowances are defined in the Measurement and Payment Specification 01025.The Total Bid consists of items 1 through 19 as follows: Item Description Qty Unit Unit Price Total Price 1 General and Administrative 1 LS $3,150,100 $3,150,100 2 PC WRF Interim Modifications 1 LS $800,000 $800,000 3 1.5 mgd Water Reclamation Facility 1 LS $50,557,000 $50,557,000 4 16"C900 DR18 PVC Reclaimed Water Mains 36941 LF , by open cut $70 $2,585,870 5 18"HDPE DIPS DR-11 Reclaimed Water LF Mains by HDD 1,708 $135 $230,580 6 20"HDPE DIPS DR 9 Reclaimed Water Mains LF $150 $226,050 by HDD 1,507 7 LF 16"C900 DR18 PVC Force Main by open cut 26,626 $70 $1,863,820 8 LF $135 $230 580 18"HDPE DIPS DR-11 Force Main by HDD 1,708 ' 9 LF 20"HDPE DIPS DR-9 Force Main by HDD 1,507 $150 $226,050 10 LF $75 $378,750 12"C900 DR18 PVC Water Main by open cut 5,050 _ 11 30"Steel Casing(ASTM A139)(Auger Boring) 599 LF $1,800 $1,078,200 12 Clay Electric Allowance 1 LS _ $10,000 13 Geotechnical Investigation Allowance 1 LS $100,000 14 Laboratory Testing Allowance 1 LS $300,000 15 Solids Removal Allowance(Aerobic Digester 1 LS $50,000 Conversion) 16 Removal and Replacement Unsuitable Soil for 1 LS $300,000 16"RCWM to Magnolia West Subdivision Allowance 17 Clay County Building Department Allowance 1 LS $50,000 18 Reinhold Property Work Allowance 1 LS $3,000,000 19 Gopher Tortoise Mitigation 1 LS $400,000 *Items not specifically listed in the form shall be included in one of the line items for a complete and operable project in accordance with these specifications. Total Lump Sum Bid Items 1-19 $ 65,537,000 (Numerals) $ Sixty-five million five hundred thirty-seven thousand dollars (Written) Total Bid dollar amount must be in numeric and written format.In the event of discrepancies,the written entry will take precedence over the numeric entry. Addendum Receipt: Bidders shall acknowledge below the receipt of all addenda, if any,to plans and specifications. ADDENDUM NO. One DATED 10.31.22 003000-3 PETERS CREEK WRF EXPANSION PROJECT AND BID FORM PETERS CREEK WRF EXPANSION PIPELINES PROJECT OCTOBER 2022 ADDENDUM NO. Two DATED 11.03.22 ADDENDUM NO. Three DATED 11.08.22 ADDENDUM NO. Four DATED 11.08.22 ADDENDUM NO. Five DATED 11.16.22 ADDENDUM NO. Six DATED 11.28.22 ADDENDUM NO. Seven DATED 11.29.22 ADDENDUM NO. Eight DATED 12.06.22 ADDENDUM NO. Nine DATED 12.13.22 ADDENDUM NO. Ten DATED 12.14.22 ADDENDUM NO. DATED MBE/WBE Utilization: Total MBE/WBE percent utilization on this project: 0 % List MBE/WBE firms utilized on this project: Prime Sub Supplier 1. N/A 2. 3. 4. 5. 6. .] 7. 8. Document any good faith efforts: Wharton-Smith,Inc.made all construction plans,specifications,addenda,and requirements available for review by the 91 MWBE we solicited for this project.The documents were provided via emailed invitation on 11.01.22.The ITB included the project's scope of work,each required trade,and available assistance Wharton-Smith provides to minority business enterprises.It also included estimator contacts for each of the solicited trades,making it convenient to propose any potential questions.For easy access to the iSqft website,a link was provided in each ITB.In addition,Bid Due Date Reminders were sent to all subcontractors invited to participate in this bid.After Clay County issued each addenda,they were immediately uploaded to iSqft.Upon uploading them, we sent out notifications to each subcontractor,encouraging them to log into iSqft and review them. Bidder's Insurability: The Bidder confirms that the Bidder has reviewed the current types, amounts, and requirements of insurance coverages included in the Contract Documents including,but not limited to, general liability, workers compensation, bodily injury, personal and advertising injury, property, builders risk,installation floater,excess or umbrella liability,environmental pollution,waiver of subrogation,additional insured,etc. Bidder's current Workers Compensation and Employers Liability Insurance 003000-4 PETERS CREEK WRF EXPANSION PROJECT AND BID FORM PETERS CREEK WRF EXPANSION PIPELINES PROJECT OCTOBER 2022 Information: Bidder's current Experience Rating: 0.96 Bidder's current Experience Modification Factor: 0.96 The Bidder pledges that all such required coverages,types,requirements,and limits specified in the Contract Documents shall be provided within 15 days of the notice of intent to award or the AUTHORITY may consider Bidder to be in default and annul the Notice of Award and the Bid security of that Bidder will be forfeited. 12.21.2022 lf- Bidde s Signature Date Timothy S. Smith, President LIST OF MAJOR SUBCONTRACTORS The Bidder expressly agrees that: 1. If awarded a Contract as a result of this Proposal,the major Subcontractors used in the prosecution of the work will be those listed below. 2. The following list includes all Subcontractors who will perform work in the amount of approximately$100,000 or more on this Contract. 3. The Subcontractors listed below are financially responsible and are qualified to perform the work required. Category Name of Subcontractor Address Cogburn Bros, Inc. Jacksonville, FL Electrical Pipeline & Horizontal TB Landmark Construction, Inc. Jacksonville, FL Directional Drill 00300-5 BID FORM PETERS CREEK WRF EXPANSION PROJECT AND OCTOBER 2022 PETERS CREEK WRF EXPANSION PIPELINES PROJECT AN INDIVIDUAL By N/A N/A (Seal) (Signature) Business Address: N/A Phone No: N/A Fax No: A PARTNERSHIP N/A (Seal) (Firm Name) N/A (General Partner/Signature) N/A (Print Name) Business Address: N/A Phone No: N/A Fax No: 00300-6 BID FORM PETERS CREEK WRF EXPANSION PROJECT AND OCTOBER 2022 PETERS CREEK WRF EXPANSION PIPELINES PROJECT �.�``N S MI Ty/�i,��� A CORPORATION Qk pORATi•./,y�' Wharton-Smith, Inc. (Seal) (Corporation Name) �3: `�G� ...::: Florida � ' •�LOR� k � (State of Incorporation) �����0iiititOs By (Signature of Person Authorized to Sign) Y imothy mith (Print Name) `.4.k.•oboR•ATF;/ , Q •y . President __: SEAL ' (Title) �� � Corporate Seal) Attest %Seeret 4k k �,` e Pompeo, Corporate Secretary eii 04/02h9����� Business Address: 750 Monroe Road, Sanford, FL 32771 ���������������, Phone No: 407.321.8410 Fax No: N/A 00300-7 BID FORM PETERS CREEK WRF EXPANSION PROJECT AND OCTOBER 2022 PETERS CREEK WRF EXPANSION PIPELINES PROJECT A JOINT VENTURE N/A (Business Name) N/A By: (Signature) N/A (Print Name) N/A (Address) N/A By: (Signature) N/A (Print Name) N/A (Address) (Each joint venturer must sign.The manner of signing for each individual, partnership and corporation that is a party to the joint venture should be in the manner indicated above). The full names;business addresses;business and emergency telephone numbers of persons and firms interested in the foregoing bid,as principals,are as follows: (If Corporation,President,Secretary,and Treasurer Identification) 00300-8 BID FORM PETERS CREEK WRF EXPANSION PROJECT AND OCTOBER 2022 PETERS CREEK WRF EXPANSION PIPELINES PROJECT CLAY COUNTY UTILITY AUTHORITY RESOLUTION NO.2020/2021-06 A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE CLAY COUNTY UTILITY AUTHORITY AMENDING AND RESTATING PRIOR RESOLUTION NO. 2020/2021-04, ADOPTING PUBLIC BID RECEIPT, OPENING, AWARD, POSTING, PROTEST AND RECORDING POLICY AND PROCEDURES; AUTHORIZING AUTHORITY TO COMPETITIVELY AWARD IN ACCORDANCE WITH s.255.20(1),FLA. STAT., AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF CLAY COUNTY UTILITY AUTHORITY that: 1. Purpose The Board of Supervisors ("Board") of the Clay County Utility Authority (the "AUTHORITY") does hereby adopt the following policy concerning the bid receipt and opening procedures,recording requirements,award,and protest of award for bid solicitations,construction, reconstruction or improvements to the AUTHORITY's water, reclaimed water, and wastewater systems in excess of$10,000, excluding emergency repairs. 2. Official Receipt of Bid or Proposal Each bid or proposal and its accompanying materials shall be submitted to the AUTHORITY's Bonfire Procurement Portal, https://clayutility.bonfirehub.com. The link on the AUTHORITY's website will direct bidders to the Bonfire Procurement Portal. Bidders will download the solicitation documents and upload a bid response and required documentation to the Bonfire Procurement Portal. The Bonfire Procurement Portal will notify the AUTHORITY's Procurement Department when a solicitation has been received and fully completed. All submissions received into the Bonfire Procurement Portal will remain sealed until the advertised bid opening. 1 Resolution No. 2020/2021-06 3. Time of Opening The bids will be opened at the prescribed time, or soon as possible thereafter, at a public meeting conducted in compliance with s. 286.011, Florida Statutes, and any successor statute thereto, in the presence of the Procurement Manager or designee. Bidders as well as members of the public are welcome to attend bid openings and all subsequent committee and Board of Supervisors meetings related to the bids. Bids will not be opened until Proof of Publication has been confirmed by the Procurement Manager or their designee. Consistent with s. 255.0518 (2), Florida Statutes, and any successor statute thereto, the Procurement Manager or designee shall announce at the bid opening meeting the name of each bidder and the price submitted in the bid. 4. Place of Opening All bids received shall be opened at the designated area stated within the solicitation,which includes, GoToMeeting(GoToMeeting Hub) , a designated conference room, or Board room, of the Clay County Utility Authority, 3176 Old Jennings Road, Middleburg, Florida 32068. All attendees complete the sign-in form to verify their attendance. Upon opening of a bid,the Procurement Manager or designee will review the responses to deem the bidders as responsive and responsible. Within the Bonfire Procurement Portal, the Procurement Manager will release each responsible and responsive bidder's response to the Project Manager and reviewers assigned to the solicitation for evaluation and scoring. 5. Bid Tabulation The Bonfire Procurement Portal will tabulate the responses for immediate download and a detailed audit report to be saved in the bid package file. The Procurement Manager or their designee will review the information for accuracy, export the tabulation document, and save the document in the Procurement folder. In addition, and consistent with s. 255.0518 (3), Florida Statutes, upon request the Procurement Manager or their designee will make available the name of each bidder and the price submitted in the bid. 6. Recommendation The Procurement Manager or designee will receive a concurrence from the Project Manager and report its recommendation to the Executive Director. At the next regularly scheduled meeting of the Board or Finance Committee the Executive Director or their designee will submit the recommendation for approval of posting a notice of intent to award, deferring action, or rejecting any ineligible bids or all bids and shall state the rationale for the recommendation. The Executive Director or their designee shall cause to be filed in the public record for such Board or Finance Committee meeting a list of all bidders and their bids, together 2 Resolution No. 2020/2021-06 with the written report and recommendation of the Executive Director or their designee. 7. Board of Supervisors Action The Board of Supervisors shall act on the recommendation of the Executive Director or their designee or shall refer a bid to the Finance Committee for its recommendation, at the next regularly scheduled Board meeting following the bid opening,unless tabled by the Board or earlier action is taken at an emergency meeting of the Board. The Board may act on a bid solicitation by voting to post notice of intent to award bid, subject to no valid bid protest being filed within the time provided for by law, by rejecting any nonconforming bids and any conforming bids which are not selected, or by rejecting all bids. In voting to post notice of intent to award the bid to a specific bidder,the Board shall be voting to award such bid,and for the Executive Director or their designee to proceed to reduce the approved bid to the form of a binding written contract with the successful bidder without further action of the Board, absent a timely protest being filed with the Executive Director or designee of the AUTHORITY in the manner provided by law. 8. Posting Each bidder on a project shall be promptly notified via Bonfire Procurement Portal of the AUTHORITY's Notice of Intent to Award Bid, action to award bid, and/or action to reject its bid, and by posting the notice of intent to award the selected bid on such project at a conspicuous location within the public access areas of the Authority's offices. Each notice shall contain the following statement: "Failure to file a protest within the time prescribed in s. 120.57(3),Florida Statutes, shall constitute a waiver of proceedings under chapter 120, Florida Statutes, and under the adopted policies of the AUTHORITY for bid protests." If no notice of protest and formal written protest are filed as required in Section 9 below within time provided by law,the selected bid shall be deemed awarded to the specified bidder and the Executive Director or their designee shall proceed to reduce the selected bid to the form of a legally binding written contract without further action of the Board. 9. Bid Protest In the event that a written notice of protest and formal written protest are timely filed in the manner prescribed by this Section 9,the Executive Director shall refer the bid solicitation back to the Board for further action and review and shall commence such additional response on behalf of the AUTHORITY as is required by the protest procedure set forth in this Section 9. Upon such a referral back to the Board, the Board shall direct the Executive Director to take whatever action the AUTHORITY is permitted to take hereunder or by applicable law,including without limitation (i)the rejection of all bids and the rebidding of the solicitation, (ii)the emergency award of the bid to the selected bidder under the circumstances and in the manner provided by law, (iii)the defense of the selection of the bidder chosen by the Board pursuant to this protest procedure, or (iv) both 3 Resolution No. 2020/2021-06 (ii)and (iii). The AUTHORITY adopts and incorporates by reference the bid protest procedure set forth in s. 120.57(3), as if fully set forth herein,or its successor statute, as its policy and procedure to be followed with respect to any bid protests. The Executive Director or their designee, the Procurement Manager, of the AUTHORITY are hereby designated as the appropriate parties to receive all filed notice of protests and formal written protests within the time periods required therein. The Finance Committee of the AUTHORITY is hereby designated as the quasi-judicial body to hear the informal proceeding required under s. 120.57(3)(d)2, in the event of protests involving no disputed issue of material fact. The Division of Administrative Hearings of the State of Florida shall hear any protests involving a disputed issue of material fact pursuant to s. 120.57(3)(d)3. 10. Ineligible Bid Any bids that do not meet the requirements of the bid solicitation advertisement will be rejected and the reasons therefor stated. Notwithstanding the foregoing, however, the AUTHORITY reserves the right to waive formalities in any bid, to reject any or all bids with or without cause, and/or to accept the bid or any portion thereof that, in its judgment, will be in the best interest of the AUTHORITY. 11. Authority Authorized to Competitively Award This Resolution authorizes the Authority to "competitively award" in the broadest sense of that defined term, as set forth in s. 255.20(1), Florida Statutes, which is hereby incorporated by this reference, Without limitation to the generality of the foregoing, the Authority shall be authorized hereby to award contracts based on submission of sealed bids, proposals submitted in response to request for proposal, proposals submitted in response to a request for qualifications, or proposals submitted for competitive negotiation. The Authority may elect to evaluate the qualifications of bidders based upon advertised specifications prior to requesting bids. The Authority may use qualifications to determine the responsible and competent bidders. In that case, the Authority will then request sealed competitive bids from those short-listed bidders qualified as responsible and competent. For example, the Authority may, but shall not be required to, combine the qualification of responsible and competent bidders, and the later solicitation of the bid offering the lowest costs to the Authority from those qualified, responsible and competent bidders, in a single advertised procurement, with Board action to be taken both to approve the selection of the qualified firms allowed to bid,and the subsequent award of the bid of the qualified, responsible and competent bidder at the lowest costs to the Authority. 12. General Law and Enabling Act This Resolution is adopted pursuant to general laws of the State of Florida, including without limitation ss. 120.57(2) and (3), 255.0518, 255.20, and 286.011, Florida Statutes, and pursuant to the AUTHORITY's enabling act, Section 17 of Chapter 94-491, Laws of Florida, Special Acts of 1994,which is hereby incorporated by reference and made a part hereto,and which provides in pertinent part: 4 Resolution No. 2020/2021-06 Section 17. CONTRACTS FOR CONSTRUCTION OF IMPROVEMENTS; SEALED BIDS. — All contracts let, awarded, or entered by the AUTHORITY for the construction, reconstruction, or improvements to the system or any part thereof, if the amount thereof shall exceed $10,000, except for emergency repairs, shall be awarded only after public advertisement and call for sealed bids therefor, in a newspaper published and circulated in Clay County, such advertisement to be published at least once, three (3) weeks before the date set for the receipt of such bids. Such advertisements for bids, in addition to the necessary and pertinent matters, shall state in general terms, the nature and description of the improvement or improvements to be undertaken and shall state that detailed plans and specifications for such work are on file for inspection in the office of the authority and copies thereof shall be furnished to any interested party upon payment of reasonable charges to reimburse the authority for its expenses in providing such copies. The award shall be made to the responsible and competent bidder or bidders who shall offer to undertake the improvements at the lowest costs to the Authority and such bidder or bidders shall be required to file bond for the full and faithful performance of such work and the execution of any such contract in such amount as the authority shall determine, and in all other respects the letting of such construction contracts shall comply with applicable provisions of the general laws relating to the letting of public contracts. 13. Effective Date This Resolution and adopted policy will become effective as of July 6, 2021, upon its adoption by the Board of Supervisors. 5 Resolution No. 2020/2021-06 Duly adopted by the Board of Supervisors of the Clay County Utility Authority, this 6th day of July, 2021. BOARD OF SUPERVISORS, CLAY COUNTY UTILITY AUTHORITY By: Wendell Davis, Chairman Attest: L---) Jani., Loudermil , Recording Secretary 6 Resolution No. 2020/2021-06