HomeMy WebLinkAbout19- Amendment 10 to PSA - Morrison-Maierle, Inc. - North 7th Lighting Design and Construction Administration AMENDMENT NO. 10 TO
PROFESSIONAL SERVICES AGREEMENT
FOR
NORTH 7TH LIGHTING DESIGN AND CONSTRUCTION ADMINISTRATION
MMI.No. 0417.063
THIS IS AN AGREEMENT made as of �wpkjnn eX 2 between THE CITY OF
BOZEMAN,a Municipal Corporation,P.O.Box 123 ,Bozeman,Montana,59771-1230(OWNER)and Morrison-
Maierle,Inc.,P.O.Box 1113,Bozeman,Montana,59771-1113 (ENGINEER).
WHEREAS the parties previously entered into a Professional Services Agreement dated July 11,2011,herein
referred to as the Original Agreement, for professional engineering services for the North 71h Lighting Design and
Construction Administration project; and
WHEREAS, the scope of the Original Agreement included preliminary design, final design, bidding and
negotiating services,construction services and miscellaneous services; and
WHEREAS, the scope of Amendment No.1 to the Original Agreement included additional miscellaneous
services;and
WHEREAS, the scope of Amendment No.2 to the Original Agreement included a pre-design investigation
services phase; and
WHEREAS,the scope of Amendment No.3 to the Original Agreement included additional preliminary design,
final design,bidding and negotiating services,construction services and miscellaneous services; and
WHEREAS, the scope of Amendment No.4 to the Original Agreement included additional pre-design
investigation services;and
WHEREAS,the scope of Amendment No.5 to the Original Agreement included additional preliminary design,
final design,bidding and negotiating services,construction services and miscellaneous services for the project.; and
WHEREAS, the scope of Amendment No.6 to the Original Agreement to transfer budget from construction
engineering services to preliminary and final design level engineering services. This transferred budget previously allocated for
construction services between West Villard Street and West Main Street to preliminary and final design services between
Durston Road and West Villard Street. This amendment did not change the total contract amount;and
WHEREAS, the scope of Amendment No.7 to the Original Agreement included additional pre-design
investigation services,final design engineering services,construction services and miscellaneous services for the project.;
and
WHEREAS, the scope of Amendment No.8 to the Original Agreement included additional final design
engineering services,construction services and miscellaneous services for the project.;and
WHEREAS, the scope of Amendment No.9 to the Original Agreement included additional final design
engineering services,construction services and miscellaneous services for the project.;and
WHEREAS, the parties desire to amend provisions of the Original Agreement to included additional final
design engineering services,construction services and miscellaneous services for the project.
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NOW,THEREFORE,IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN,the
parties agree as follows:
The conditions and provisions set forth in the attached EXHIBIT C-10—SCOPE OF SERVICES FOR NORTH 7'
LIGHTING DESIGN AND CONSTRUCTION ADMINISTRATION and EXHIBIT D-10 —ENGINEERING FEE
ESTIMATE are hereby incorporated in and made part of this agreement. The Scope of Services and Engineering Fees
are increased per these exhibits.
ARTICLE 1-ENGINEERING SERVICES
Article 1.1 of the original agreement is modified to include the following:
1.1. The detailed description of the specific project components is described as follows:
Perform final design level engineering services for improvements to North 7°i Avenue,between West Mendenhall
Street and Durston Road.
Perform final design level engineering services for improvements to North 71 Avenue and Duston Road,badjacent to
the proposed Ruh Building.
Perform construction administration services for improvements to North 7'hAvenue,between West Mendenhall Street
and Beall Street.
Perform miscellaneous engineering services as requested by the Owner.
ARTICLE 6-COMPENSATION FOR ENGINEERING SERVICE
Article 6.1 of the original agreement is modified as follows:
6.1 LUMP SUM AGREEMENT FOR BASIC SERVICES AND EXPENSES OF ENGINEER
6.1.1 Payment. The OWNER shall for design phase services performed as Basic Engineering Services under
sections 4.1 through 4.3 of this agreement pay a total sum in the amount of$444,724.59 for such services.
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6.1.2 Pavment Schedule. Total cumulative payments for the design phase engineering services(sections 4.1
through 4.3)shall not exceed the following ceilings:
$62,280.56(-14%of design fee)until the Pre-Design Investigation Phase report and exhibits have been submitted to
the OWNER.
$144,184.03(-32%of design fee)until the Preliminary Plans and Specifications have been submitted to the OWNER
and review authorities.
$238,260.00(-54%of design fee)until the Final Plans and Specifications have been submitted to the OWNER and
review authorities.
6.1.3 General. Engineer shall submit monthly statements for services rendered. The statements shall be based
upon Engineer's estimate of the proportion of the total services actually completed at the time of billing,subject to
any limitations on Payments based on completion of tasks or specific retainage requirements pursuant to the payment
provisions of the Agreement.
6.1.4 Reimbursable Expenses. Only those expenses specifically identified for payment under section 6.2 of this
Agreement are reimbursable. All other design related expenses are included in the Lump Sum Payment for the Basic
services(4.1 through 4.3)and are not separately reimbursable. Additional Services specifically identified under the
scope of design services for payment under 6.1 are not separately reimbursable.
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6.2 DIRECT LABOR COST PAYMENT FOR BASIC SERVICES AND EXPENSES OF ENGINEER.
Article 6.2 of the original agreement is modified as follows:
Construction and project documentation services performed as Basic Engineering Services under sections 4.4 through 4.7
including General Administration of Construction Contract,Resident Project Representation,Project Documentation, and
Construction Testing shall be compensated in accordance with the following:
6.2.1 The OWNER shall pay for Construction Phase and Project Documentation Services an amount not to
exceed$ 120.119.00 except as provided under 6.2.1.2 and 6.2.4.
6.2.1.1 Costs Compensation. Compensation for these services shall be based on the ENGINEER's Direct
Labor Cost times a factor of 3.15 for services rendered which shall cover Direct Labor,Direct Labor
Overhead,General&Administrative Overhead and Profit.
6.2.1.2 Notification. At any time during the construction that it becomes apparent that the Construction
Phase and Project Documentation Services rendered under this Agreement will exceed the negotiated
compensation for these services, and prior to performing services in excess of the contract ceiling,the
ENGINEER shall give OWNER written notice thereof. Promptly thereafter OWNER and ENGINEER
shall review the scope and progress of the project work. ENGINEER shall obtain written authorization
from OWNER,prior to any additional costs being incurred under paragraph 6.2.1.3. If it is determined that
due to a change in project scope under paragraph 5.2.1, the ENGINEER is entitled to additional
compensation,OWNER and ENGINEER may negotiate terms as provided under 6.2.1.1. The amount and
ternis of any additional compensation under 6.2.1.1 or 6.2.1.3 shall be negotiated and agreed in writing
pursuant to 9.16.
6.2.1.3 Costs Exceeding Estimated Compensation. Except as allowed under 5.2.1,when the total cost of the
original scope Construction Phase and Project Documentation Services exceeds the negotiated
compensation for these services,the OWNER shall pay only for the direct costs incurred in excess of the
estimated compensation. These costs consist of an amount equal to the ENGINEER'S Direct Labor Cost
times a factor of 2.74 for services rendered which shall include Direct Labor,the federally audited
payroll Direct Labor Overhead,and General&Administrative Overhead costs,but shall not include any
allowance for profit.
6.2.2. Reimbursable Expenses, as defined in section 7.4 of this Agreement, for Basic Services and Approved
Additional Services shall be paid to the ENGINEER by the OWNER in the actual amount of the costs incurred up to
an amount not to exceed$ 8.360.00 which includes$ 0.00 for consultants employed by the Engineer and$
8,360.00 for all other reimbursable expenses. The estimated reiwbursable expenses afe idenfified in R34tibit
6.2.3. Failed Test Expenses. The ENGINEER shall maintain and provide to the OWNER,a record of the costs
associated with failing quality control tests performed for the OWNER during the course of the construction of the
project and recommend an amount the OWNER deduct from the contractor(s)payments.
6.2.4 The OWNER shall pay an amount for Additional Services rendered by the ENGINEER and approved in
writing by the OWNER on the basis of the ENGINEER'S Direct Labor Costs times a factor of 3.15,or an amount
otherwise negotiated at the time such services are requested and approved by the OWNER.
6.3 DIRECT LABOR COST PAYMENT FOR MISCELLANEOUS SERVICES AND EXPENSES OF
ENGINEER.
Article 6.3 of the original agreement is modified as follows:
Task 701,702 and 703 shall be compensated in accordance with the following:
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6.3.1 The OWNER shall pay for Miscellaneous Services an amount not to exceed$99,879.80 except as provided
under 6.3.1.2 and 6.3.3.
6.3.1.1 Costs Compensation. Compensation for these services shall be based on the ENGINEER's Direct
Labor Cost times a factor of 3.15 for services rendered which shall cover Direct Labor,Direct Labor
Overhead,General&Administrative Overhead and Profit.
6.3.1.2 Notification. At any time during the project that it becomes apparent that the Miscellaneous
Services rendered under this Agreement will exceed the negotiated compensation for these services,and
prior to performing services in excess of the contract ceiling,the ENGINEER shall give OWNER written
notice thereof. Promptly thereafter OWNER and ENGINEER shall review the scope and progress of the
project work. ENGINEER shall obtain written authorization from OWNER,prior to any additional costs
being incurred under paragraph 6.3.1.3. If it is determined that due to a change in project scope under
paragraph 5.2.1,the ENGINEER is entitled to additional compensation,OWNER and ENGINEER may
negotiate terms as provided under 6.3.1.1. The amount and terms of any additional compensation under
6.3.1.1 or 6.3.1.3 shall be negotiated and agreed in writing pursuant to 9.16.
6.3.1.3 Costs Exceeding Estimated Compensation. Except as allowed under 5.2.1,when the total cost of the
original scope Construction Phase and Project Documentation Services exceeds the negotiated
compensation for these services,the OWNER shall pay only for the direct costs incurred in excess of the
estimated compensation. These costs consist of an amount equal to the ENGINEER'S Direct Labor Cost
times a factor of 2.74 for services rendered which shall include Direct Labor,the federally audited
payroll Direct Labor Overhead,and General&Administrative Overhead costs,but shall not include any
allowance for profit.
6.3.2. Reimbursable Expenses, as defined in section 7.4 of this Agreement,for Basic Services and Approved
Additional Services shall be paid to the ENGINEER by the OWNER in the actual amount of the costs incurred up to
an amount not to exceed$ 9,144.80 which includes$ 0.00 for consultants employed by the Engineer and$
9,144.80 for all other reimbursable expenses. T4e estknated ri enses afe ident fied ift Exhibit "
6.3.3 The OWNER shall pay an amount for Additional Services rendered by the ENGINEER and approved in
writing by the OWNER on the basis of the ENGINEER'S Direct Labor Costs times a factor of 3.15,or an amount
otherwise negotiated at the time such services are requested and approved by the OWNER.
Except as specifically amended herein,the Original Agreement shall remain in full force and effect
and the parties shall be bound by all terms and conditions therein.
i
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In witness whereof, the Parties hereto do make and execute this Agreement.
CITY OF BOZEMAN, MONTANA MORRISON-MAIERLE, INC.
BY: BY: 1__
L41�_
(City Manager) z (Vice-President)
DATE: C4•IlQ .-ap1l DATE:
ATTEST:
BOe
B(City Clerk '�+ ' ``~ �{ ♦�'9�
9TIN CO �10
N:\0417\063\Contracts-Client\Contract Amend#10\PSA Amendment#10.doc
5
Morrison
Maierle
engineers•surveyors yanncrs uientists
Exhibit C-10 - Scope of Services for N. 7th Lighting Design and Construction
Administration
Mendenhall to Beall Design Exceptions, Mendenhall to Beall (add Parcel S and Rebid),
Combine Designs for Mendenhall to Durston into one Review Set, Ruh Building
Streetscape Design, Miscellaneous Engineering as requested by City of Bozeman.
August, 2019
Final Design Phase
Includes finalizing construction plans for regulatory review and bidding. Specifically for this
amendment it includes the following.
# Description Budget
Mendenhall to Durston
1 Combine both Mendenhall to Beall and Beall to Durston designs into one complete $6,568
construction plan and specification set for review through MDT. This plan set to be submitted
to MDT on August 1, 2019.
# Description Budget
Ruh Building
1 Prepare public streetscape construction plans for both the N7th frontage and Durston $20,000
frontage per meetings/coordination with City/MDT staff. Three concept drawings were
prepared as part of these coordination efforts. Concept°C"was selected and final design will
of that concept is to occur. Design exceptions will also be prepared for trees located within
the MDT right of way. The plan set and design exceptions will be provided to the building
owners engineer for submittal to MDT and City for review. Excludes preparation of City
Modification to Plan or MDT encroachment/utility occupancy permits. Building owner will
prepare bid documents and bid project per City of Bozeman requirements.
The following sections describe each task as well as identifying the deliverable for each task.
Task 201
Final Plan Set Preparation
Task Description—A review set of construction plans based on comments and changes requested
from the governing reviews and comments, as noted above.
Task deliverable—Plan set for review.
Task 202
Final Specifications
Task Description — A review set of construction specifications. Specifications and contract
documents will be a mix of City of Bozeman standards and MDT standards, as noted above.
1
MI Morrison
Mom Maierle
engineers•surveyors•planners•scientists
Task deliverable—Specifications and bidding documents for review.
Task 203
Final Review/Permitting Coordination/Meetings
Task Description — Final coordination for review and permitting items associated with the
project, as noted above.
Task deliverable—As necessary.
Task 204
Quality Assurance/Quality Control
Task Description — This task includes effort associated with project quality control and quality
assurance review, and adds a level of QA/QC not originally scoped for the project based on
requirements of MDT.
Task deliverable—N/A
Construction Administration Phases
Includes administration of the construction contract. Specifically for this amendment it includes
the following.
# Description Budget
Mendenhall to Beall
1 Administration of the construction contract; including adding in parcel S design to bid $3,100
documents and re-bidding. No bids were received therefore the negotiation, award,
surveying, inspection,testing, pay requests and closeout documents have been removed from
this item. (Completed)
Bidding or Negotiating Phase
The bidding or negotiating phase will proceed following written authorization to proceed from
the owner.
The following sections describe each task as well as identifying the deliverable for each task.
Task 301
Prepare Advertisement,Bid Document Reproduction, Bidders List, Process Deposits
Task Description — Prepare project advertisement and complete all coordination required to
distribute construction documents to bidders.
Task deliverable—Bidders List.
2
�� Morrison
Maierle
engineers-Sul veyors-planners-suenlisls
Miscellaneous Services
Miscellaneous services as described below.
The following sections describe each task as well as identifying the deliverable for each task.
Task 701
Miscellaneous Services—Additional Requested
Task Description — Task 701 provides for additional effort as directed by Owner. Specifically
for this amendment it includes the following.
# Description Budget
Mendenhall to Beall
1 Prepare MDT design exceptions submittal for all clear zone objects. Coordinate with MDT and $3,865
City on exception letter. Follow up with MDT on review. (Submitted to MDT March 18,2019)
# Description Budget
Miscellaneous Requested Services
1 Provides for additional effort as directed by owner and/or required by MDT through the review $6,000
process. Includes effort such as preparation of updated exhibits,easements, etc. as well as
meeting attendance as necessary.
Task deliverable—As requested.
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HHM HNIGH
I ANDSCFAE ARCHITECTURE I (_AND PLANNING I ECOLOGICAL PLANNING, I URBAN DESIGN
April 10, 2019
Kevin D.Jacobsen, PE LEED AP
Morrison Maierle
2880 Technology Blvd
Bozeman, MT 59718
Re: North 71h Avenue Streetscape Improvements- Phase 4 Design (Ruh Building Corner)
Dear Kevin,
We have enjoyed working with you on the North 71h Avenue corridor project and are excited that the City has
decided to bring us into the design of the corner at North 7th Ave and Durston Road adjacent to the proposed
Ruh Building so as to maintain a consistent streetscape aesthetic along the corridor.
Based on a meeting with the City and Ruh Building consultant team on 4/5/2019,we are submitting a proposal
for the streetscape along the North 7th Avenue and Durston Road frontage of the new development parcel.We
understand that all parties are eager to initiate construction of this project and that a compressed timeline is
expected for the delivery of these documents.After a preliminary review of consultant's drawings we have
identified the following items that will need to be incorporated into the design documents for the site:
• A design for the streetscape that considers existing work on the North 7th Ave streetscape, proposed
development (Ruh Building), and considers future widening of Durston Road
• Design of paving and planting and potential incorporation of raised planters.
• All proposed tree locations and species will be reviewed in coordination with Civil Engineer to address
utility, sight triangle, and lighting constraints.
• Plan drawings showing soil cell extents and layout will be created to maximize the long-term health of
trees along North 7th Avenue. We will coordinate with Civil on the development of this plan to ensure
no underground utility conflicts exist.
• Soil cell, boulevard planting, paving, and permeable unit paving soil cell details will be re-used from
previous phases of design work and updated as necessary
• Irrigation plans and details will be created and shall address tie-in to the proposed Ruh Building.
• DHM will review tree species selection with City Forestry.
•. DHM will provide tree canopy information for light modelling and make one round of revisions to tree
species based on model results.
• Inclusion of bike rack layout information and details for the segment along North 71h Avenue.
• Preparation of a Cost Estimate for landscape scope considering bid information from previous phases.
• Preparation of technical specifications for landscape scope to accompany drawings.
• Revised take-offs and Measurement and Payment info.
DENVER CARBONDALE DURANGO BOZEMAN WWW.DHMDESIGN.COM
27 East Main Street,Suite D I Bozeman,MT 59715 P:06.219.2012
HHM HISIGH
Scope of Services:
We have structured our proposal in a similar format to our North 7th Avenue scope of services agreements for
previous phases.
The goals of this Scope of Services will be to:
• Create a conceptual design for review by the City
• Prepare landscape and irrigation Construction Documents to be used for MDT review, bidding, and
construction
• Prepare a revised cost estimate that reflects the new scope of work
• Provide minimal Bid Support during the bidding process
Task 1—Concept Design
DHM will produce a preliminary plan-view sketch of the proposed streetscape of the project area and submit
this drawing to the City for review.This task will also include creating working base files from Ruh Building
consultants, input of a revised plan into CAD, and sharing of preliminary CAD files with the team for use as
backgrounds.Throughout the project, DHM will work with Morrison Maierle prior to ensure that there will be
no conflicts with utilities or road design requirements. Any feedback from the City or Ruh building consultant
team will be considered in development of the Construction Documents. Our deliverables include:
Deliverables and Meetings
• An 11x17 plan sketch to depict design intent
• Review and comments can be handled via phone, email, or in-person meeting.
Task 2—100%CDs(For Regulatory Review and Construction)
This task includes two submissions: one to MDT for review and one 100% CD set that will be used for bidding
and construction.We anticipate only minor changes between the two. Based on feedback on the concept
design DHM will issue 100% CD drawing sheets and specifications for review by MDT. This effort will include
generating new landscape and irrigation sheets including plans and details. DHM will also provide tree canopy
information for light modeling exhibits.All documents will be submitted to Morrison Maierle in digital PDF
format. We will prepare a cost estimate based on a template provided by Morrison Maierle and consider
previous phase construction information in revising unit prices to assist in evaluating contractor bids. DHM
Design will perform an internal quality assurance review prior to the distribution of the 100% Construction
Documents to the project team.We understand that there will only be one round of review and comment by
MDT.
After receiving and responding to commends from MDT, DHM will make one round of minor revisions for the
bid and construction CD set.This package will include landscape and irrigation sheets,technical specifications,
and cost estimate. Our deliverables include:
Deliverables and Meetings
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HHM USIEN
® Complete 100% Landscape Construction Plans, Details, Irrigation Plan and Landscape Specifications
® Tree canopy information provided to Civil for light modeling and subsequent revisions
® Prepare a Cost Estimate that reflects the landscape scope of work, materials, and layout
® (1) Meeting with Morrison Maierle to coordinate changes
Task 3—Bidding Support
During the bid phase of the project DHM will provide support to Morrison Maierle by reviewing bid unit costs,
providing answers to contractor questions and providing clarification on the landscape design for bidding
purposes. No Addendum, if necessary, is included.There will be no meetings or deliverables in this phase.
Fees
We have provided an hourly breakdown task matrix to provide detail in how we arrived at the fees below. If
there are tasks that are not necessary,we are happy to adjust as needed.
Task 1—Concept Design $1,800
Task 2—100%CDs $6,300
Task 3—Bidding Support $400
Total $8,500
Billing
The billing for the work outlined above will be done on a monthly basis for time and materials to the not to
exceed fees as identified above.The top-set number as provided is sufficient for the tasks as we know them at
this time. An itemized statement shall be sent monthly, and payment is due within 45 days of receipt.
Exclusions
The following items are excluded from this scope of work for this task include. DHM can provide Construction
Administration support billed at an hourly rate or under a future contract.
® Construction Administration support including meetings, site visits, providing clarification to
contractor on construction documents
® Additional revisions to the CD set beyond what is described above — one round of minor edits based
on MDT comments
® Addendums or sheet revisions after the CD set submission
• Value Engineering or re-design if the City is unable to sign a contract with a suitable construction
contractor, or for other reasons
Additional Services
Should additional services such as additional schemes, multiple rounds of revisions, additional meeting etc.
become necessary, this work will be done on an hourly basis. DHM will notify you prior to completing any
additional services for approval. If this work becomes significant we may, at your request, submit a proposal at
that time which will identify the extent of any additional work prior to commencement of the work.
Page 3
NIN, RZA
Thank you for the opportunity to submit this additional services proposal. If you find the above described Scope
of Services and resultant fee consistent with your thinking please sign below.
Sincerely,
DHM DESIGN CORPORATION
Charlie Kees
Principal
Accepted by: Mr. Kevin Jacobsen Date
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Exhibit D-10 - Engineering Fee Estimate Morrison
City of Bozeman, MT- North 7th Lighting Design and Construction Administration Maierle
Mendenhall St. to Durston Road
Prepared For: David Fine,City of Bozeman Economic Development
Engineering Services
LaborStaff Labor Labor Total
Task or Division Assigned Hours Rate
200-Final Design Phase
201.Final Plan Set Preparation(Combine Mendenhall Engineer Intern II 46.00 $118.00 $5,428.00
to Beall and Beall to Durston Designs,Ruh Building Design Engineer I 32.00 $136.00 $4,352.00
Streetscape design for N 7th and Durston) Senior Engineer I 20.00 $155.00 3 100.00
DHM Design Scope $0.00 $6,600.00
202.Final Specifications/Bidding Docs(Combine Project Coordinator II 2.00 $86.00 $172.00
Mendenhall to Beall and Beall to Durston Designs, Engineer Intern II 4.00 $118.00 472.00
Ruh Building Streetscape design for N 7th and Design Engineer I 6.00 $136.00 $816.00
Senior Engineer I 8.00 155.00 1 240.00
Durston) DHM Design Scope $0.00 $1,900.00
203.Final Review/Permitting Review/Permitting Coordination Senior Engineer I 6.00 $155.00 $930.00
204. uali Assurance uilitv Control Sin * inn En ineer III 1.00 201.00 201.00
Subtotal00 $25,211.00
300-Construction Administration Phases
300.Construction Administration(Add Parcel S to bid Not to Exceed Rate Schedule $0.00 $3,100.00
documents and re-bid
Subtotal-Construction Administration Phases 0.00 $3,100.00
700-Miscellaneous Services
701.Miscellaneous Services-Additional Requested
(Design Exceptions and Additonal Requested Not to Exceed Rate Schedule $0.00 $9,865.00
Services
Subtotal0• $9,865.00
LaborSubtotal-Engineering Services 00 $38,176.00
ExpensesDirect QuantitV or Duration Charge Rate TotalExpense
Technology and Communications 125.00 $6.00 750.00
Vehicle mi 37 $0.68 $25.16
Soil Proctor 0 $360.00 $0.00
Concrete Strength Testing Set of 4 0 $150.00 $0.00
M lar Record Drawings Sets 0 200.00 $200.00
Miscellaneous Expense 1.0% 38 176.00 1.0% $381.76
Survey Equipment(day) 0 $210.00 $0.00
Subtotal
Project Total-Engineering Services $39,532.92
Rounded to an even
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