HomeMy WebLinkAboutContract 47152 (2)r
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RECEIVED
OCT 2 0 2015
CITY OF FORE' WORTH
CITY SECRETARY
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Contract No. 1/7/52
FORT WORTH GATEWAY MONUMENT
AGREEMENT
THE STATE OF TEXAS
COUNTY OF TARRANi §
THIS AGREEMENT is made by and between the State of Texas, acting by and through
the Texas Department of Transportation, hereinafter called the "State", and the City of
Fort Worth, a Texas home -rule municipal corporation, acting through its duly authorized
official, as evidenced by Mayor and Council Communication Number C-27340,
approved on July 21, 2015, hereinafter called the "Local Entity".
BACKGROUND
The State owns and maintains a system of highways, including Interstate Highway 30 in
Tarrant County, Texas, for public use and benefit. The State agrees to allow for the
construction of a Fort Worth Gateway Monument within the State's right of way and the
Local Entity agrees to construct the Monument and to conduct the long term
maintenance for this structure located on State of Texas -owned property in the right-of-
way on the north side of Interstate 30, just west of the "Pantego Bible Church" sign near
the eastern city limits of Fort Worth, Texas 76103, between Eastchase Parkway on the
east and Cooks Lane on the west, referred to as the "Gateway Monument," more
specifically described in Attachment "A," Project Map, which is attached hereto. The
Local Entity will conduct the Monument's long term maintenance activities through the
use of Local Entity forces, contractors, or other means satisfactory to the Local Entity
and the State.
THEREFORE, in consideration of the mutual promises contained in this Agreement, the
parties agree to the following.
AGREEMENT
SECTION 1. PERIOD OF THE AGREEMENT.
This Agreement becomes effective when finally executed by the State and shall
continue unless or until otherwise terminated as provided by this Agreement.
n SECTION 2. FINANCIAL RESPONSIBILITIES.
r All costs covered by this Agreement including design, engineering, testing, construction,
installation, access for maintenance, maintenance, labor, materials, supplies, traffic
control, additional improvements, and if required, removal of the Gateway Monument,
shall be the responsibility of the Local Entity, except the portion of the construction
covered by the TxDOT Governor's Community Achievement Award of $265,000.
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Any administrative costs associated with the Gateway Monument that are incurred by
the State, such as those related to proposal review, as well as developing, issuing, and
monitoring the Agreement for approved the Gateway Monument project shall be the
responsibility of the State.
SECTION 3. RESPONSIBILITY OF THE PARTIES.
A. The Local Entity agrees to:
1. Provide Gateway Monument design plans to the State before
execution of this Agreement according to TxDOT policy and, upon final
approval, furnish and construct the Gateway Monument according to
plans approved by the State, which are set out more specifically in
Attachment "B, ' Local Entity's Final Gateway Monument Proposal,
which is attached to this Agreement, and include any other related
installation items that may be required; and
2. Furnish, erect, and maintain any barricades, signs and traffic
handling devices, in accordance with the latest Texas Manual of
Uniform Traffic Control Devices (MUTCD) and to the satisfaction
of the State related to this project, as may be required to protect
the safety of the public; and
3. Conduct periodic inspections of the Gateway Monument as
deemed necessary; and
4. Provide for the construction and maintenance of all associated
appurtenances that are considered by the State to be a part of the
project. The Local Entity further agrees to remove such items from the
projects location and restore the area to the satisfaction of the State
upon termination of this Agreement in accordance with Section 9.
B. The State agrees to:
1. Review and evaluate the Gateway Monument proposal submitted by
the Local Entity with due consideration to safety (location, potential for
motorist distraction, accessibility for maintenance, etc.), aesthetics,
community support and maintainability; and
2. Coordinate with other TxDOT Divisions, as appropriate, as well as
interact with the Federal Highway Administration (FHWA) for input,
review and approval; and
3. Cooperate with the Local Entity to determine the requirements for
barricades, signs, and traffic handling devices to be used by the Local
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Entity during the construction and maintenance of the Gateway
Monument; and
4. Provide maintenance access to the project location for the Local Entity
or for its Contractor or group, and if possible, from outside the highway
right of way; and
5. Conduct periodic inspections of the Gateway Monument as
deemed necessary.
C. The Local Entity and State further agree that nothing contained in this
Agreement will be construed to:
1. Give either party the power to direct and control the day-to-day
activities of the other; or
2. Constitute the parties as partners, joint venturers, co -owners, or
otherwise as participants in a joint or common undertaking; or
3. Allow either party to create or assume any obligation on behalf
of the other party for any purpose whatsoever.
SECTION 4. DESIGN AND PLACEMENT OF GATEWAY MONUMENTS.
A. As already agreed to between the parties, Gateway Monuments shall be
designed and placed so as to:
1. Be freestanding.
2. Feature only the letters of the community name and/or
officially adopted seal.
3. Include, if required by TxDOT, approved protective graffiti
coatings.
Be appropriate to its proposed setting and community context as
determined by the Local Entity.
5. Be in proper size and scale with its surroundings.
6 Be composed of materials that are durable for the projected life
span of the project.
7. Be located beyond the clear zone, for both main lane traffic and
frontage road traffic.
8. Be located where maintenance can be safely performed, as
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specified in this Agreement, and in conformance with TxDOT
procedures.
9. Be subject to the review and approval of TxDOT in consideration of
design, size, and scale for appropriate integration on urban or rural
highway features.
B. Gateway Monuments shall not:
1. Be allowed within the center median areas of interstate highway
rig hts-of-way.
2. Contain religious, political, special interest private, or commercial
messages of any sort, including, but not limited to, symbols, logos,
business names, trade names, jingles, or slogans.
3. Contain any displays of any sort, advertising, decorative banners, flags,
or flag poles.
4. Display telephone numbers, street addresses, or Internet addresses.
5. Interfere with airspace above the roadway.
6. Create a distraction to the motoring public; for example, the Gateway
Monument shall be large enough to interpret at highway speed, but not
be so large that it demands attention from the motorist. The parties
have already reviewed the design and agree this is not an issue.
7. Include reflective or glaring surface finishes.
8. Include illumination that impairs or distracts the vision of transportation
system users. Other lighting may be permitted.
9 Display blinking or intermittent or moving lights, including changeable
message signs digital displays, or lighted static displays such as
LED
10. Include moving elements (kinetic art) or simulate movement.
11. Include water features of any sort.
12 Interfere with official traffic control devices, nor interfere with the
operational right-of-way above the roadway.
13. Be placed within State right-of-way upon trees, or painted or drawn
upon rocks or other existing natural features.
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14. Make use of or simulate colors or combinations of colors usually
reserved for official traffic control devices described in the Texas
Manual on Uniform Traffic Control Devices.
15. Require the removal of trees or other vegetation for visibility, or harm
trees during construction. Pruning of tree branches or roots, and
removal of shrubs should be avoided.
16. Negatively impact existing highway features, including existing signs,
irrigation systems, necessary drainage patterns, and facilities.
SECTION 5. MAINTENANCE.
The Local Entity shall provide regularly scheduled maintenance as described in
Attachment "B," for its projected lifespan, which is approximately twenty-five (25)
years. Maintenance shall include, but not be limited to, restoration work to maintain the
integrity of the approved Gateway Monument, maintenance of any associated
landscaping or lighting, and graffiti removal. Gateway Monuments shall be kept clean,
free of graffiti, and in good repair. Graffiti removal shall conform to the most current
TxDOT policies and guidelines, which require prompt removal of offensive messages
and timely removal of all other graffiti. Maintenance practices of the Local Entity or its
agent shall protect air and water quality as required by federal and state law.
SECTION 6 MONUMENT REMOVAL OR REPAIR.
The Local Entity shall remove the Gateway Monument covered by this agreement within
a reasonable time upon 1) the termination of this Agreement, or 2) if in the opinion of
TxDOT, the Gateway Monument creates safety or operational concerns due to
deterioration or inadequate maintenance. TxDOT will provide the Local Entity with
notice and opportunity to cure when TxDOT has determined that the Gateway
Monument requires special attention or that a breach of this Agreement has occurred. In
the event the Local Entity fails to cure the breach or fails to maintain, repair,
rehabilitate, or remove the Gateway Monument in a timely manner, TxDOT may remove
the Gateway Monument after giving thirty (30) days' notification to the Local Entity, and
bill the Local Entity for all costs of removal and restoration of the area.
TxDOT reserves the right to remove the Gateway Monument due to construction,
rehabilitation, violation of the terms of this Agreement or other necessary activities
affecting the transportation facilities without any obligation, compensation to, or
approval of the Local Entity. TxDOT will notify the Local Entity of its intent to remove the
Gateway Monument to allow for timely removal and salvage by the Local Entity.
In the event of an emergency situation, TxDOT reserves the right to remove or alter any
Gateway Monument that presents an immediate safety hazard to the public without
delay or advanced notification to the Local Entity.
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SECTION 7. USE OF CONTRACTOR OR GROUP.
The Local Entity shall have the right to engage any responsible Contractor or group to
perform or provide any portion of the Local Entity's Gateway Monument activities
specified in this Agreement. However, notwithstanding this provision, the Local Entity
shall continue to remain responsible to the State to ensure performance of all its duties
and responsibilities specified in this Agreement. The Local Entity shall ensure that any
Contractor or group complies with all provisions of this Agreement, and federal, state,
and local laws, and regulations as may be applicable.
In the event the Local Entity engages a Contractor to perform Gateway Monument
construction or maintenance activities as referenced in this Agreement, the Local Entity
shall ensure that said Contractor shall indemnify the State for any and all damages and
claims for damages by said Contractor, its employees, agents, or representatives,
including any claims resulting from bodily injury or death to others, or, for loss of or
damage to property of others, arising out of, incident to, or in any manner connected to
Gateway Monument construction or maintenance activities, and, for any or all liability
arising from the negligent acts of said Contractor, its employees, agents, or
representatives.
In the event the Local Entity engages and approves a responsible group to perform
Gateway Monument construction or maintenance activities under this Agreement, the
Local Entity shall require and ensure that said Contractor or group follow all the terms of
this Agreement as well as all Attachments.
SECTION 8. INDEMNIFICATION.
A. The Local Entity and the State each acknowledge responsibility for the acts,
deeds, errors and omissions of its own employees. The parties agree that the
Texas Tort Claims Act pertaining to governmental liability for tortious conduct
and/or property damage shall apply to this Agreement.
B To the extent allowed by law, the Local Entity shall also indemnify and save
harmless the State from any and all expense, including, but not limited to,
attorney fees, which may be incurred by the State in litigation or otherwise
resisting a claim or liabilities that may be imposed on the State as a result of
error omission, or act of the Local Entity, its agents, or its employees.
Nothing contained herein shall ever be construed so as to require the Local
Entity to create a sinking fund or to assess, levy, and collect any tax to fund
its obligations under this paragraph.
SECTION 9 TERMINATION
This Agreement may be terminated under any of the following conditions:
A. At any time by mutual written agreement and consent of both parties; or
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B By either party upon giving the other party one hundred eighty (180) days prior
written notice; or
C. By the State, in the event the State determines that the Gateway Monument
is not in the best interest of the traveling public. However, the State may not
terminate this Agreement solely based on aesthetic displeasure of the public.
If either party terminates this Agreement, as provided herein, the Local Entity will be
responsible removal of the Gateway Monument as provided in Section 6. In the event
that the Local Entity does not provide the removal services, the State may remove the
Gateway Monument and shall be entitled to reimbursement from the Local Entity for any
reasonable costs incurred by the State to restore the State's right of way to its original
condition.
S ECTION 10. AMENDMENTS.
Amendments to this Agreement shall be in writing and shall be executed by both
parties.
S ECTION 11. AUDIT.
The State's auditor may conduct an audit or investigation of any entity receiving funds
from the State directly under a contract or indirectly through a subcontract under a
contract. Acceptance of funds directly under this Agreement or indirectly through a
subcontract under this Agreement acts as acceptance of the authority of the State
auditor, under the direction of the legislative audit committee, to conduct an audit or
investigation in connection with those funds. If the Local Entity is the subject of an audit
or investigation, the Local Entity must provide the State's auditor with access to any
information the State s auditor considers relevant to the investigation or audit. Likewise,
the State agrees that the Local Entity shall have access to and the right to examine at
reasonable times any directly pertinent books, documents, papers and records of the
State involving transactions relating to this Agreement.
S ECTION 12. SUCCESSORS AND ASSIGNS.
S ubject to the provisions of Section 7, the Local Entity shall not assign or otherwise
transfer its rights and obligations under this Agreement except with prior written consent
of the State, and any prohibited assignment or transfer shall be null and void.
S ECTION 13. REMEDIES.
This Agreement shall not be considered as specifying the exclusive remedy for any
default. All legal remedies may be pursued by either party and shall be cumulative.
S ECTION 14. INSURANCE.
If this Agreement authorizes the Local Entity's contractor to perform any work on State
right of way, before beginning work, the contractor performing the work shall provide the
State with a fully executed copy of the State's Form 1560 Certificate of Insurance
verifying the existence of coverage in the amounts and types specified on the Certificate
of Insurance for all persons and entities working on the State right of way. The Local
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Entity is self -insured and will not be responsible for providing such coverage. The Local
Entity will require its contractor to maintain coverage until all work on the State right of
way is complete. If coverage is not maintained, all work on State right of way shall
cease immediately, and the State may recover damages and all costs of completing the
work.
SECTION 15. NOTICES.
All notices to either party by the other under this Agreement shall be delivered
personally or sent by U.S. mail, postage prepaid, addressed to such party at the
following addresses:
STATE :
Texas Department of Transportation
District Engineer
2501 SW Loop 820
Fort Worth, Texas 76133-2300
LOCAL ENTITY:
City of Fort Worth
Attn: Fernando Costa, Assistant City
Manager
1000 Throckmorton
Fort Worth TX 76102
S ECTION 16. GRATUITIES.
Texas Transportation Commission policy mandates that employees of the State shall
not accept any benefits, gifts, or favors from any person doing business or who
reasonably speaking may do business with the State under this Agreement. The only
exceptions allowed are ordinary business lunches and items that have received
advanced written approval of the Texas Department of Transportation Executive
Director. Any person doing business with or who may reasonably speaking do business
with the State under this Agreement may not make any offer of benefits, gifts or favors
to State employees, except as mentioned here above. Failure on the part of the Local
Entity to adhere to this policy may result in the termination of this Agreement.
S ECTION 17. SIGNATORY WARRANTY.
Each signatory warrants that the signatory has necessary authority to execute this
Agreement on behalf of the entity represented.
S ECTION 18. INCORPORATION OF PROVISIONS.
Attachments "A' and "B' are made part of this contract. The parties shall comply with
the provisions of Attachments 'A" and 'B" as if they were set forth in full within the body
of this Agreement.
S ECTION 19. SEVERABILITY
If any provision of this Agreement is held to be invalid, illegal or unenforceable, the
validity, legality and enforceability of the remaining provisions shall not in any way be
affected or impaired.
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S ECTION 20. NO WAIVER.
The failure of the Local Entity or the State to insist upon the performance of any term or
provision of this Agreement or to exercise any right granted herein shall not constitute a
waiver of the Local Entity's or the State's respective right to insist upon appropriate
performance or to assert any such right on any future occasion.
S ECTION 21. GOVERNMENTAL POWERS.
It is understood and agreed that by execution of this Agreement, the Local Entity and
the State do not waive or surrender any of their governmental powers.
S ECTION 22. HEADINGS NOT CONTROLLING.
Headings and titles used in this Agreement are for reference purposes only and shall
not be deemed a part of this Agreement.
S ECTION 23. REVIEW OF COUNSEL.
The parties acknowledge that each party and its counsel have reviewed this Agreement
and that the normal rules of construction to the effect that any ambiguities are to be
resolved against the drafting party shall not be employed in the interpretation of this
Agreement or exhibits hereto.
SECTION 24. ENTIRETY OF AGREEMENT.
This Agreement, including any attachments, contains the entire understanding and
agreement between the Local Entity and the State as to the matters contained herein.
Any prior or contemporaneous oral or written agreement is hereby declared null and
void to the extent in conflict with any provision of this Agreement.
THEREFORE, the parties have executed this Agreement in duplicate originals.
THE CITY OF FOR:/ WORTH
By: -
Fernando osta
Title: Assistant City Manager
er
Date:
Attest:
Ma
ser, City Secretary
OFFICIAL REcoRr
CITY SECRETARY
FT. liniteroictrt3CTGateway Monument Agreement
THE STATE OF TEXAS
Certified as being executed for the
purpose and effect of activating
and/or carrying out the orders,
established policies or work programs
heretofore approved and
authorized by The Texas Transportation
Commission
By:
Brian R. Barth, PE
District Engineer
Fort Worth District
Date: 1,0 • II/ r 1%,
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Approved as to form and legality:
Jessica Sangsvan
Assistant City Attorney
List of Attachments:
"A" o Project Wiap for Gateway Monument
"R" o Local Entity's Final Gateway Monument Proposal
OFFICIAL RECORD
CITY SECRETARY
FT, WORTH, TX
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ATTACHMENT A
PROJECT MAP FOR GATEWAY MONUMENT
LOCATION: NORTH SIDE OF INTERSTATE 30 IN TXDOT RIGHT-OF-WAY, JUST WEST
OF EASTCHASE PARKWAY AND THE PANTEGO BIBLE CHURCH SIGN, VIA
MONUMENT AGREEMENT WITH TXDOT
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ATTACHMENT B
LOCAL ENTITY'S FINAL GATEWAY MONUMENT PROPOSAL
ttsii
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Interlocal 1-30 Gateway Monument Agreement
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Interlocal 1-30 Gateway Monument Agreement
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EXAMPLES OF SOME OF THE NATIVE WILD FLOWERS AND GRASSES TO BP,
UTILIZED
Autumn
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Spnng
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M&C Review
Page 1 of 2
DATE:
CODE:
SUBJECT:
OUNCIL AGENDA
6/16/2015
COUNCIL ACTION: Approved on 7/21/2015
CONTINUED FROM A PREVIOUS WEEK
REFERENCE
NO.:
C TYPE:
C-27340
LOG NAME
NON- PUBLIC
CONSENT HEARING:
Official site of the City of Fort Worth Texas
FORT WORTII
201-30 GATEWAY
MONUMENT PUBLIC ART
P ROJECT
N O
Authorize Execution of a Final Design Agreement with Etty Ish-Horowitz and Kevin Sloan in
an Amount Up to $90,268.00 for Final Design of the Interstate 30 Gateway Monument and
a City Held Amount Up to $15,284.00 for City Project Management Costs and
Contingencies for a Total Amount Up to $105,552.00 and Authorize Execution of a
Monument Agreement with the Texas Department of Transportation (COUNCIL DISTRICT
5)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the execution of a Final Design Agreement with Etty Ish-Horowitz and Kevin Sloan in an
amount up to $90,268.00 for final design of the Interstate 30 Gateway Monument, including engineering,
surveying and construction documents and a City held amount up to $15,284.00 for City project
management costs and contingencies for a total amount up to $105,552.00; and
2. Authorize the execution of a Monument Agreement with the Texas Department of Transportation for the
purpose of locating the Interstate 30 Gateway Monument within its right-of-way.
DISCUSSION:
Extending approximately 500 lineal feet, the Interstate 30 (1-30) Gateway Monument will be a welcoming
landmark to the City of Fort Worth (City) that combines sculptural and landscaping components designed
for viewing at freeway speeds. The project is located in the Texas Department of Transportation s (TxDOT)
right-of-way. As drivers approach from the east they will see a series of long, low, angled walls built from
recycled TxDOT concrete traffic barriers that appear to emerge from the hillside and separate as the driver
passes. 'FORT WORTH will be spelled out in statuesque steel letters, approximately eight feet in
height, attached to the tops of the walls. Native wildflowers and grasses will be abundantly planted
between the walls to provide a variety of color and height during the course of the annual growing cycle to
reinforce Etty Ish-Horowitz's and Kevin Sloan's (Artists), 'Road To The West" concept.
The Artists were placed under a Preliminary Design Contract (City Secretary Contract No. 43918) dated
N ovember 27, 2012. On February 16, 2015, the Fort Worth Art Commission (FWAC) approved the
preliminary design and recommended the Artists be placed under a Final Design Contract (Final Design).
U nder this Final Design, the Artists will finalize the aesthetic design and provide civil and structural
engineering, materials testing, surveying and stamped construction documents. Upon approval of the Final
Design and construction documents, the City will let the project for bidding by TxDOT-certified
contractors. In 2004 City received the Texas Governor's Community Achievement Award (GCAA) from
TxDOT in the amount of $265,000 00 that may only be used for construction and installation of a
Monument/Landscape Project on a State of Texas right-of-way that fulfills the City's expectations and meets
TxDOT's design, safety, maintenance and funding requirements
A future Mayor and Council Communication (M&C) will request authorization of a construction contract
between the City and a TxDOT certified contractor to be paid for by GCAA funds in the amount of
$265,000.00 and supplemented by Specially Funded Capital Projects Fund (Public Art Fund), as
needed Pursuant to a Monument Agreement between the City and TxDOT which will allow the City to
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locate the Monument on TxDOT's right-of-way, the City will retain full ownership of and maintenance
responsibilities for the monument.
Funding for the Final Design of the project has been allocated from the Public Art Fund and the project was
included in the Fiscal Year 2015 Annual Work Plan and Budget adopted by the Fort Worth City Council on
October 14, 2014 (M&C C-27031).
Fort Worth Art Commission Action: On February 16, 2015, the FWAC approved the Artists' preliminary
design and recommended additional funding from the Public Art Fund for production of construction
documents, materials testing, surveying, City project management costs and contingency. These additional
funds are available from the Public Art Fund.
Project costs and funding sources are as follows:
P ROJECT COST ESTIMATE
P reliminary Design
Final Design
Construction
Estimated Total
FUNDING SOURCES
TxDOT Governor's Community
Achievement Award
S pecially Funded Capital Projects Fund
(subfund 98- Public Art)*
Estimated Total
$105,552.00
$349,642.00
$470,194.00
AMOUNT COUNCIL
ACTION
$15,000.00 Approved
Administratively
This M&C
AMOUNT
$265,000.00
$205,194.00
$470,194.00
*Public Art Fund: two percent allocated from funds included in the operating budget of the Water and
Sewer Fund for cash financing of capital projects.
M/WBE Office - The City's overall M/WBE goal for the Fort Worth Public Art Program is 25 percent of total
capital project dollars expended on public art annually.
This project is located in COUNCIL DISTRICT 5, Mapsco 67X. Council Member Gyna Bivens concurs with
the Art Commission's recommendation to proceed with Final Design for the 1-30 Gateway Monument
project. The project serves the entire City
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the Specially Funded
Capital Projects Fund (Public Art) for the 1-30 Gateway Monument project.
TO Fund/Account/Centers
Submitted for Citv Manager's Office bv:
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
FROM Fund/Account/Centers
1) C291 531200 204980163933 $98,338.00
2) C291 531350 204980163930 $7,214.00
Fernando Costa (6122)
Douglas W. Wiersig (7801)
Martha Peters (298-3025)
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