HomeMy WebLinkAboutR-1993-113 AMENDED I
RESOLUTION NO. 113-93 !
A RESOLUTION OF THE CITY DFBY TDANHE HE FLORIDAA. LAW FIRM OF CURTIS &
AGREEMENTS AS SUBMITT
CURTIS, P.A. AND EARS G.N AND GALLOP,
ABOUTESQUIRE,
PROTECTIION OF THE
SERVICES AND C THE CITY OF OST !
INTERESTSO OF N WITH THE PRO EDNEX EXTENSION OF RUNWAY 9R-
CONNEC
27L OF FORT
PROVIDING OR AN EFFECT .
TyDATE INTERNATIONAL
AIRPORT; AND
TY COMMISSION OF THE CITY OF DANIA,
BE IT RESOLVED BY THE Cl
FLORIDA: of Dania. Florida, hereby
That the City Commission of the City
�proposals of the Law Firm of Curtis & Curtis, P. A. and Earl G. Gallop,
approves the
Esquire, for professio d extension of
nal services and costs in and about the propose
ies of which are
Curtis
Runway 9R 27L of Fort Lauderdale Hollywood International Airport, cop
Curtis &
attached hereto as composite Exhibit "A with the charges of the G ll alloof Esquire, not to
harges
not to exceed the sum of $ 'OOo and w00 .00, anth allcstatements for services rendered to be
exceed the sum of $115,000 the time spent
supported by a detailed schedule of the time expended, the purpose
to thefcty manager at
1 and an itemized breakdown of all costs expendebe dbected by the city manager. The
1 least once each month or as otherwise may estimates of the
i expenditures as stated herein
are only
j maximum amounts of
expenditures that may
be required and are approved only as the estimated costs which
may be terminated at any time, at the sole discretion of the city commission, if the
commission determines that it is prudent and proper to do so. As a condition of their
employment, the attorneys herein named, and all members of their law firms shall be !
prohibited from the representation of any person or entity, other than the City of Dania,
who is or which is in any way connected with condemnation litigation or other matters
related to or arising from the exp
ansion and extension of runways at the above said
airport. The proposals of the Law Firm of Curtis 8 Curtis, P..A. and Earl G. Gallop
w JL
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[ nx.
however, this
this esolution�Esquire, are subject to the conditions o o c'lients'of Curtis & Curtis, P.A. existing at
I , resolution is prospective and shall not apply
; 3
the time and date of this resolution.. a
�2 n shall be in force and take effect imm
That this resolutio ediate y
upon its passage and adoption. 1
Z� of�uly, 1993.
PASSED and ADOPTED this —day I
MAYOR - COMMISSIONER
ATTEST;
CITY CLERK AUDITOR
APPROVED AS TO FORM AND CORRECTNESS:
Frank C. Adler, City Attorney)
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LAW Orncei
CURTIS & CURTIS,i* F P•�.
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FORT LAODEDDA LE, FLORIDA 3.Z.Z)g
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PLEASE RE<•LY TO:
Iy�O' N Sei stool
EDWARM R.CL-irti Iw•L.uwas.(3 /ut5�.2�5*6�1n��t" ..
DnA CLX,,� �VtLTttnL LAWrV TiLc�MOMi(.�D.�)Wc./'..`•"�
DAcsA A.C�i'+'li TiLccenu fJ03)5Q3-0ESE
P.WAONZA
June 31 1993
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Nr. Robert Flatley
Manager
i City
City of Dania
10o West Dania Beach Boulevard { '
Dania, Florida' 33004
Dear Bob:
leased that the City of Dania wishes to once again
We are p have reviewed the prior representation
retain our services. I agreement
is necessary.
{ agreement and feel another a4 for a substantial period of
The present task will be ongoing The services will be
substantial magnitude. orts can be
d a substantial Porto
on of the eff
time and is of an
have reduced the hourly
in-off associates. Accordingly,
i,
accomplished by
rate.
�f reaa' ca�v' �es• The City of Dania has engaged
1 CURTIS) as legal counsel in connLeacuderdaletion h
i Curtis & Curtis, P-A• ( expansion of the Fort
I County s proposed
1 Broward � ort.
Hollywood International Airp al services with respect
I you ask us to render legal a written agreement
In the event y in the absence
to other matters, that representation, the other matter will
{I specifically addressing provided
in this letter.
be handled on the same basis as p will charge for
Costs for SPrvi�• The firm
2 • the rate of $135.00 per hour for all
basis at
services on anhourly paralegal time.
attorney time and $75.00 per hour for
and the City of Dania recognizes that
CURTIS anticipatesCURTIS, on behalf of thelCitYe
certain expenses will be advanced by In the event unusually g
in the course of this representation.
ated, CURTIS is entitled to require a
I or advances are anticip 3
costs
EXHIBIT "A"
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. Robert Flatey
Mr. Ro l f
City of Dania f
June 3 , 1993
Page Two
cost deposit prior to the expenditure of the funds. The City
Of
rove, in advance, all expenditures of greater
approval
Dania must than
apP the City Manage
$50.00. The City has authorized
authority.
3. Hof Fees and Costa. CURTIS went and for outnvoice the cofy
of Dania on a monthly basis for the tim, The City time
to pay each monthly
jpocket expenditures inuof receipt and agrees to a one-percent (1t)
bill within thirty daysthereafter.
per month late charg
e your confidence in our firm.
We appreciat
Very truly yours,
CURTIS & CURTIS, P.A.
Edward R. Curtis
Il For the Firm
i
Accept
ed on 1993 .
The City of Dania. t
t
By:
ERC:pfb
4310018.agr
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June 151 1993
(VIA pA - 1-305-921-26041
Robert F. Flatley
City Manager
City of Dania
100 West Beach Boulevard
P.O. Box 1708
Dania, FL 33004
Re: Proposed Extension of Runway 9R-27L
Work plan
our file no.
Dear Mr. Flatley: s
Thank you for asking me to submit a Proposed work plan for
protecting the City k Dan e t interests in connection with the
Edward R.
he I
Proplan in thi
"8eswith theulegal9servicesTto berprov provided by s letter
is Coordinated $e will be primarily responsible for a matters
rt
Curtis, Esq. and gp}, and FDOT regulatoryTwill be
planning, public financing, improvements; and
relating to the airport facility
responsible for the local government comprehensive Planning
development of regional impact (DRI) land use and enviro�ental
the runway extension' We will work oa eth will
matters concerning
a coordinated manner under Mr. Curtis general sups
o him in the eminent domain and other
provide litigation support t
proceedings, as requested.
ired, at this time,
We can identify what actions will ou cabe n understand, future
to protect the city's interesttso. undertake actions tatorew�tth
events may require the city it is difficult to predict
currently contemplated. Also, will be required to protect the
precision exactly how much eff-oalifications in mind, I present the
city's interests . With these qu ntains my best estimate of the time and
proposed work which co
expenses required. I
4
r , , �' d
t
Robert F-
Flatley
June 15, 1993
Page 2
- iIORK p1�
1. ly2B planning documents and development
Ana
orders.
involves reviewing (a) the DRI
This item orders and other development
development to the runway expansion; _
pests relating comprehensivecapital
(b) the Broward Countyuse, and
especially the future land
r t a t i o n
trans c
improvement ' tonal
intergovernmenccP the stateeand regional
the relevant parts lans; (d) the BCAD airport
comprehensive p Fla. Stat. , . .
plan; (e) Section 380 .0 et seq• , Fla. y�
master P f Sections 163.3161, fyMt.
(DRIB) ; ( ) ent Comprehensive Planning
Stat. (Local Governor lotion Act) i (9)
and Land Development amending 5380.06 , Fla. "
CS/CS/HB 2315 (1993) , Fla- Stat. , and
163 . 3161, et $eq• ' state and `4
Stat. , SS Fla. Stat. ( x� 3
55186 .001, et seq. ,
regional planning) . the 2
gvaluate the Proposed runway extension and
,1 2. county commission authorization
re - t ant
arc
property with the consistency r �
l the proposed
f This it involves evaluating
with the
f development for comprehensive plan, and with
Broward County regional comprehensive plans;
the state and re4 requirements of
and (b) compliance with the Comprehensive
the Local Government Comia�ens Act (LGCP Planning
and Land Developm i teme� of the prior DRI
and (c) the requ
development order. Bid
g• Commence a civil fiction o rot e p an.
County to amend its comp
rehensiv
On the assumptions that the Broward County
i comprehensive plan does not authorize the
j and that the
runway extension to
with the comprehensive
county has not com feet
p the
planning requirements of CS/CS/HBud231ent and
city would commence a dec acompliance and to
injunction action to requireii
4 G'
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5
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Robert F. Flatley
June 15, 1993
Page 3
permitting
defeat or abate runway develop men
and land acquisition activities .
4, Conduct local gOvernment DRS dextension.
review and permitting of the runway
participating in the
This item involves
regional planning DRI
review process to
r
develop issues of importance to the city,
. 'i conducting the local government DRI hearing,
and issAn
uing a development order.
administrative appeal may result from the
order
satisfiedif Broward is not
nwith the conditions and ultimit tions
of the order. ,
5, wetlands permitting
Participate in the
processes. °� r
of
; ,•: The development will ated aact about BrowardcCounty
mangrove swamp design
Local Area of Particularovencern
swamp. d The acres
of lower quality mangy act study
Y
recently conducted a cumulative imp �, .
with other fill
for this area in connection
applications. Pill permitting in this area is
liht
a sensitive issue, especially in
licationof the. We
we
recent denial of another aPPOf n
would participate, with the in isthce permit
environmental consultant,
evaluation and formal review process .
6. Assist with challenging the eminent domain
proceedings-
on the assumptions that the Brio
County
authorization of condemn land for the
with the county
extension is iiannaent
and not justified by any
comprehensive p the bases exist to
approved master plan study,public purpose of the
challenge the we
authorization in a civil cn these issuesuas t
provide litigation support !t
requested.
i
4 �'
Robert F. Flatley
June 15 , 1993
page 4
x a, T
YMATE AND FDNDYNG REODIRRM19-M
Maximum
Minimum
1. ,JyZe planning documents and development
orders.
� $ 3,500
$ 5,250
2. Evaluate the proposed runway extension and the
county commission authorization to condemn
property with the consistency sego
ir
$ 2,625 $ 3,500
to ire Broward
3. Commenc civil
its ctio Lehenaivvee plan-
County
to amend
$35,000 $50,000
at DRY d�1lPMent
4. rreevview and permittinnduct Local govgof the runway
$17,500 $26,250
5. participate in the wetlands permitting
processes.
$ $15,000
10,000
eminent domain
6. procseetdinga challenging the emir
1 0 0 S1 ,OOO
Total $78,625 $115,000
These estimates do not include costs for participafor the
ting is
judicial and administrative appeals, nor thrt coosdt a planning
professional services of the environmental expeiron
expert. The egCuurtis, cost estimate.ted cost Of thienure anticipate that$8, the
contained i expert in the civil action will be $8, e
cost of a planning xPish flow ro ections when Y have a
better0 understandings f the sequence of these acent the c2tions with lSr. �.
Curtis' actions .
1 will
I �b
ro
drip fl`"-q�
Y4
Robert F. Flatley
June 15, 1993
1 page 5
i
Plan-
please do not hesitate to c to°tsu mit thisuwork pia matters.
I
again, thank You for inviting
Very truly Yours,
t
t
Earl G. Gallop
cc: Edward R. Curtis (via fax)
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1 t-'A'IF AND rtt,�ll� T��—G
ncnit7REHENT�
i T s The I
cost estimates are not complete.
The work plan and Engineering has not been received.
estimate of Law
rr�RV ICES
Cu � t P,�+� Maximum
Minimum
rt 7100.00
5,000 .00 100:000.00
7
May 1993 Invoice 50,000.00
Litigation 40 ,000.00
f Non Litigation 00 157 ,000.00
115 ,000.
Total
78,625.00 115,000.00 t
u,mt et al `j'
4`
rraT CONGCILTAI4T�° 9 ,550 .00 10,550.00
maprIl41d 43 ,000.00 59 ,000.00
t on ental c^{�°es
Y s eerins 8 ,000 .00 lo ,oao.00
3 effort under Action items
This estimate does not include any
E and G above* this time cannot be
the project is not and t,�v ne>Y� revision as
The scope of The estimates will y established.
accurately defined. and finally
the scope of the project is defined
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r criTnS PRORT l�M_ � AC^lay PtAN L7PDATE i -
* June 11; 1993
+
action report v
The first as submitted on Ray 28, 1993. This
k
is a status report and an update of the action plan.
,' = I e n oreaenta * selected Irlr.t and media ';
p�-sort. ..Ysh
J
statue: In Progress and will be completed before schedule.
Hot with Miami Herald reporter - story ran on June 7, 1993. The
boundary lines of the political districts and initial contacts with
the representatives have bean established. A meeting with
Congrezamsa Hastings has been scheduled for June 17, 1993,
Congressman show on June 21, 1993, Senator Forman on June 22, 1993,
j 28
e , 1993 and Representative stafford
Representative Lippman on Jun ,r,N
on June 30, 1993. We are currently attempting to schedule meetings ;
i ator Jenne, senator Graham, senator
with Congressman Deutsch, son
enzie.
Hack and Representative MacK rr,
r
H. ag � r
p����V d a_sicm tas)ra needCd �t_ nta sch uled M ��,�
. �n 4
l9
,^.Y�:t etinn Ante-7-28-93_
Status: rn Progress and will be completed before schedule.
The forecast and capacity consultant has submitted a work plan :q,
I (attached)
The Airport planner has submitted a plan (attached) .
Four appraisers have been contacted. None have had the time
to consider the project and reply.
em,est_a to R,-award County.-
° wnA submit public - --- - -
i, gcheduled noletion dare 6-28-91�
The attached public records requests have been
submitted. An initial review of the May 3, 1993 request was
completed June 9, 1993. Dates for the remaining document review
have been scheduled. This item will be completed betas the
scheduled date.
regarding no,¢sible level a��-tiara_
- � p, preoare ooitlian lat,,�S6 g�-
HyrJ
in progress. The research has been completed
regarding the legal requirements of seeking injunctiverelief. t al
factual bases for injunctive relief are being g
gathering is scheduled to be completed before 6-15-93.
f -
JLN-11-1993 14:58 P.03
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E. ba YeQred t0 Pursue
Dania any to the courts. Chapter
�aA�l in progress-before reaos'ting trative action Within 10
i administrative r m ling of an ndminissrrat ► must De completed {I
16] may requiring ion. The t
data of the commission act remedy. i
before 6-15-93 to Pr
oteet °
a
!. t
I y
with the Pl►h has been tentatively I
ar meeting
j)y actedul r 6-15-93•
concurrently With action items
euled to run
1 rThis meline will be established befo
through re 8-1-97.
item 'Sih
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proposed work Pro{r+rrr M y a , r R 9 3
Analysis of proposed B.ximWepa to Runway 9RIM at
Hollywood Fort Lauderdale Intsraa� k
and Detmpact
ermination
it f Expected of Dania, Florlds
on the City
prgjsd Understanding Port Lauderdale
Hroward County has recently proposd that Runway 9RI27L at Hollywood
be extended to 9.000 feet ss a portion of a recently approved Manner Plan
' International Airport for t onsidaradoa by the my of `
Update. IU tat below describes • recommended P"�aes am full
D�� a^^�to inuue that the City'a and the residents' best Interests Y PTOed+ that
tarpected envirorunanect Cogs
tal tmp=s am fully mirdmixod, and that a!!x� Isxludin:_ with the
bile expenditures associated
are completely revealed and uhirnately covered by public t
dovelApnrent Project ,. r
Task 1 . Determine Procedural Reyairements cis
lnitituy,an ovrrview of the expected ttteps in the furdin;,jastlRcadon, environmental approval k'®
and development process needs to be undeznkerr, thin effort will red d W�na dM Personnel f gr^
and agencies on the sate and federal level.determine the requited the accomplish-
an expected schedule for the various events. This will insure timely s and othe M a
technical tasks the inclusion of rcmedial measures and otherwlsa Insure that
meet of approPdxtO Itnnln and develoPmettt process'
the city's concerns are �G� sufficient weight in the P 8
Task Z • Dstsrmlrre Proj ed JusUflcatfon
r.
Airport development projects are justified through doctnmenradon contained �Pablity.
master plan update. This material should be reviewed for accuracy,coRertey and
Mmf of dartutd
The airport demand forecast should be thoroughly underlying� on� a�mptions which
increase versus Projected remand increase andstment of S
lead to the $
tated requirements. This review should Rine includeo logically �a most Important
charocuristia and associated delay coats. The reduction of delay benefit is crucial to both the
benefit that the runway extension confer. fo a asmsm L
demonstration of need and the expected
e projec
Task 3 • Review of Fled RYx
is the V peeted Level of traffic for fUMM years distributed
one essential product of doe foteeast manMt in forecast drreuments and
by aircraft doss. This is usually specified in a fs,XrI1 Ramer on the specifications shown x
I converted to a de tailed!lest mix
for noise rnodelling P site 1eYlaw for adequacy wet ,,s
1project reIaxd environmental data. the detalls of fled meh� rt tor. an appropriate
in bushed by airport °P� ru
accuracy. Alternatively,
in the absence of doss W
sc
is
4r4
JL1 -•11-1c 15 1
7-7
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eV11/93
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future Qeet mix
needs to be do lt� pu�ut born 09 task will drive the
ez mArgdons oudb=d later thts aO is
dc% m na for Compntar N At►atTs
Ta>'s 4 . Rertast or Fstabtish Data Anu PS}9 is for the compuaidon of
_ IbG regtdtmtyen ts.
A stiiq of sP ° a awl
here spacmc'don'� wwiinds�and ��if ��fran
ayrport noise ce Independently
or
w track. weather �'
distribution of,sue�� most dyha be developed
ss b � con'"�etndnasions
awshed
i gas* 6 - saw Spadd conditions �.. 1conditionswbichumY �.
1 now rarely Three COv&dms t specialized to this
Curtwlativc artrtcailzcd way cicsusrs. c usu �3) y °n
cause hbom
serious srsson,aitP°TL vines must be dcW"ined (or
i ea, 1)awn The and runway
POner" tud 7O► cd. of aed
1 period conditions- ,computer input data Prep ��on�ditic"
each W of Contour Inputs for Esistlni and Post a
Task 6 - Prepared Note st conscocd°n condition
n condtdons and for the �P �� tits result of
t data for oxisd ii cyanps which lhWy to °cuts*
should � Parcel to detamtlne tha irtuttthe " suibutiott of tireraft�
construction at the runway
extetlSiO° and
ti y'
Inputs for Time Series oas
Task 7 . Prepare dearminsd
be assessed�thcsa
long term chattB�I in flea xlsnd s volumes sh°u1 aims aad � tlsa Compatibility
have a Monona. Two fnttrsb periods arc mcoong mended fot analytds. 10 year
t°tttce °
recorninendlui
Tanis g • Prepare fiingla Eveat Data R environsttei1td t.theta
While annual aversge conditions bans S Level NNL) motttod°logy b not
om rue rite Usual _
gxo g te of concern
e.pition that the Day annNigual averAveraage noiseContours show tCore he obsthe teadtim of
Cully zevcaung• SPaificallYy. Pea�dve. They net. tloist:
always lic health and the specific t", of pecs°jo attn nlAws on be
from a aaicdy, pubsingle "Wt n try wlIl be
events width o8cro� reaso°.
individual eomPlabn N ult�tely D°utieai P F°r this ee po�daL IWO 3 almaA a��
undm�tding the full extent of 2 a�} a �entattve to
helpful in opermlow
tentative Sage dreraQ typo Will be studi two
I ,Wtcd for study,
1) R eta. aircraft. �h � �on the exisang 9727
{ a arA do
�s.1, and a landing and each s°t wlll P
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1 ju+-11-1993 15.40
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,. Y.
E u-ua aos.ee7 f
48i11i63 g51G '_CS 5�35 i
on the cmuvvind runway. Runway 13131.
Task 9 • Prodtue Ploba Contour +.
Pot each$a of conditions under study. ■R,ll rnnEe Of
anise contours sets from lda to 7S Will
be prepared tumg the Integrated Noise Model version 3.10 or a newer version which may
be peeponu rcdava sin in the near fount. Single event noise contour em win be pmpued for
lnsmmmneoos note levels ranging from 70 dBA to 95 dBA
ics of five Inn]oeadon#corresponding to the moat
For eomuladve noisc contour setsj a ir111 also �Po� Bach noise contour set will be
vc land taro sites feet is aeaiat le the
send tiva n ptcaentsti of the airport rklnity at a ecala of 1 rt,000
aupgrWposed on a map
jnt¢pratatior� of tie data. 1.
Teak 10 - Prepare Rueareh P"On
It descdove report detailing the rrKlhodology and finding g will b
A toms of SO Copies ofe
prepared including appropriate tablaa and illustrations of the data
Task 11 . prepare Public Prnanlatlarn
talon AR be propued to indicate the taultg of the stud)edord=Uk summary o[the
will inc lade enlublic per ed versions of the maps produced and axompartied by
runits of the detarninadnatc
{ re 1S13 Demonatralfon
Task 12 . Preps (OPtioami)
lion, a camp
utaired ryswm (caned the ISIS System) which
As a adjunct to the public
the sound I en, of aircraft noise c=ts 81 apeelfic loeattona could be
accurately mproduce t {tits a dematstration of the actual noise levels
employed his geoosdcai equipment provides of the citeumstsaaa experienced in
1 experitxneed and can be useful in creating an understanding
has been widely employed In this
one salon of the community to those lc3a directly
affected. It role and its use has been endorsed by the FAA.
Land Use Anslysb and Cotnpailbility Plan
Task 1 • Prepare Land Use Plan (Optksad)
gaud on the areas In Denier shown to be Impacted in the near and long earm by alradt anise.
Area bU9 suitable for no as an overlay carte will be dcterrrdned in
a Noise Influenceea review of all evanW to lard use conaolsr remedial
consultadoa with the City. A cvxnbility at�t�win be detast�baud on the differential bnPUM
actions,and esuts�tmmpa arts of the Clty.
found to otter in dilfemg P j
3 `
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JLN-11-1993 15:41
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... g ! rtla �OpsiW7
Ft3illitl3 �Sld E205 Y. E I
and community plsaning exr#e�x total costs of the desired mwaataaa
Sued on this MgTinj otc er w obtain Amdleb 23 Rn C'Cn" element of the nm"7 de"OtOp^1°Dt s
wM be prCV&rcd In
Ham'
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Task 3 Raimv Plod 1Csc 400.0
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Task 4 RMIAM Data AssOa+PriO"s 3. 00.00
Task S AnM S�C"WwM !ra and Pma Coate° 5000.00 U;
i Task 6 Prepar°None Coma' $Z.M0.00
j Task 7 Paparo inP'n fot Tice Saies : resea:d�) I1,t00.0D
Tads t Tcepam SW&Event Data(sdgA Svm Pc W000.00
{ Tack 9 Pro&M NOM C)WW Sdf f6,004 00
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Task l0 vpam lt�h�t s5,000.00
Tedk t l Prep=snd Dermw Pow Pre plambOn 33,000.0o
Task 12 Psepam ISIS Demme( Sob Tatd S3�•0 S
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Direct EVMM(Noise Assesm"9 i0141 $1,200.OD
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Subishmad 3350.00
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