HomeMy WebLinkAbout000906 Original Contract City of Port Angeles
City of Port Angeles
Record #000906
Public Works&Utilities Dept.
' Operations Office
1703 SOLIth B Street SERVICE CONTRACT
F �h Port Angeles WA 98362
Tel:360-417-4541
Fax: 360-452-4972
Contract Title: EUGA Pump Station #13 Vibration Analysis Project Number: WW-15-010
THIS CONTRACT is entered into the date last below written between the CITY OF PORT ANGELES, WASHINGTON
("CITY") AND AVS Engineering, LLC�"CONTRACTOR").
1. WORT( BY CONTRACTOR
The Contractor shall perform the work as described in Attachment"A"(Attachment"A"may include Contractor's
Proposal, Scope of Work, Statement of Work, Plans, Specifications, and any other related Contract Documents)
which is attached hereto and by this reference is incorporated herein.
2. TERM OF CONTRACT
All work under this Contract is to be completed as indicated (check one):
❑ All work under this Contract is to be completed by this date:
❑ All work under this Contract is to be completed 20 days from the Notice to Proceed. No work is
to be performed prior to written Notice to Proceed by the City. (See attachment A for specific
schedule for work).
❑ The performance period under this Contract commences 10 calendar days after notice to proceed
and ends 90 days thereafter.
3. PAYMENT
A. The City shall pay the Contractor for the work performed under this contract (check one):
❑ Force Account -Time and material, not to exceed: $
® Force Account-Time and actual expenses incurred, not to exceed: $7,500.00
❑ Force Account- Unit prices set forth in the Contractor's bid or quote, not to exceed: $
❑ Firm Fixed Price set forth in Contractor bid or quote in the amount of: $
The Contractor shall do all work and furnish all tools, materials, and equipment, in accordance
with and as described in the Attachment "A".
The Contractor shall provide and bear the expense of all equipment, work and labor of any sort
whatsoever that may be required for the transfer of materials and for constructing and completing
the work provided for in this contract and every part thereof; except those indicated to be furnished by the
City of Port Angeles in Attachment A.
B. The Contractor shall maintain time and expense records, which may be requested by the City. The contractor
shall submit invoices to the City for payment for work performed. All invoices must reference the City's contract
number. Invoices shall be in a format acceptable to the City.
C. The City shall pay all invoices from the Contractor by mailing a City warrant within 30 days of receipt of a
properly completed invoice.
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D. All records and accounts pertaining to this Contract are to be kept available for inspections by representatives
of the City for a period of three (3) years after final payment. Copies shall be made available to the City upon
request.
E. If during the course of the Contract, the work rendered does not meet the requirements set forth in the
Contract, the Contractor shall correct or modify the required work to comply with the requirements of this
Contract. The City shall have the right to withhold payment for such work until it meets the requirements of the
Contract Documents.
4. RESPONSIBILITY OF CONTRACTOR
A. Safety. Contractor shall take all necessary precautions for the safety of employees on the work site and shall
comply with all applicable provisions of federal, state and local regulations, ordinances and codes. Contractor
shall erect and properly maintain, at all times, as required by the conditions and progress of the work, all
necessary safeguards for the protection of workers and the public and shall post danger signs warning against
known or unusual hazards.
B. Correction of Defects. Contractor shall be responsible for correcting all defects in workmanship and/or
materials discovered within one year after acceptance of this work. When corrections of defects are made,
Contractor shall be responsible for correcting all defects in workmanship and/or materials in the corrected work
for one year after acceptance of the corrections by the City. The Contractor shall start work to remedy such
defects within seven (7) days of mailing notice of discovery thereof by City and shall complete such work within a
reasonable time. In emergencies where damage may result from delay or where loss of service may result, such
corrections may be made by the City, in which case the cost shall be borne by the Contractor. In the event the
Contractor does not accomplish corrections at the time specified, the work will be otherwise accomplished and
the cost of same shall be paid by the Contractor.
C. Warranty. Contractor shall be liable for any costs, losses, expenses or damages including consequential
damages suffered by the City resulting from defects in the Contractors work including, but not limited to, cost of
materials and labor expended by the City in making emergency repairs and cost of engineering, inspection and
supervision by the City. The Contractor shall hold the City harmless from any and all claims which may be made
against the City as a result of any defective work and the Contractor shall defend any such claims at its own
expense. Where materials or procedures are not specified in the Contract Document, the City will rely on the
professional judgment of the Contractor to make appropriate selections.
D. Nondiscrimination/Affirmative Action. Contractor agrees not to discriminate against any employee or applicant
for employment or any other persons in the performance of this Contract because of race, creed, color, national
origin, marital status, sex, age or handicap, or other circumstances as may be defined by federal, state or local
law or ordinance, except for a bona fide occupational qualification. Contractor agrees to post in conspicuous
places, available to employees and applicants for employment, notices to be provided by Contractor setting forth
the provisions of the nondiscrimination clause.
E. Employment. Any and all employees of the Contractor, while engaged in the performance of any work or
services required by the Contractor under this Contract, shall be considered employees of the Contractor only and
not of the City. Any and all claims that may arise under the Workers Compensation Act on behalf of said
employees, while so engaged, and all claims made by a third party as consequence of any negligent act or
omission on the part of the Contractor's employees, while so engaged on any of the work or services provided or
rendered herein, shall not be the obligation of the City.
S. COMPLIANCE WITH LAWS
The Contractor shall comply with all federal, state and local laws and regulations applicable to the
work done under this Contract. Any violation of the provisions of this paragraph shall be considered a violation of
a material provision of this Contract and shall be grounds for cancellation, termination or suspension of the
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Contract by the City, in whole or in part, and may result in ineligibility for further work for the City.
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6. TERMINATION OF CONTRACT
A. This Contract shall terminate upon satisfactory completion of the work described in Attachment "A" and final
payment by the City.
B. The City may terminate the Contract and take possession of the premises and all materials thereon and finish
the work by whatever methods it may deem expedient, by giving 10 days written notice to the Contractor, upon
the occurrence of any one or more of the events hereafter specified.
1. The Contractor makes a general assignment for the benefit of its creditors.
2. A receiver is appointed as a result of the insolvency of the Contractor.
3. The Contractor persistently or repeatedly refuses or fails to complete the work required herein.
4. Contractor fails to make prompt payment to subcontractors for material or labor.
5. Contractor persistently disregards federal, state or local regulations and ordinances.
6. Contractor persistently disregards instructions of the Contract Administrator, or otherwise
substantially violates the terms of this Contract.
7. The City determines that sufficient operating funds are not available to fund completion of the work
contracted for.
C. In the event this Contract is terminated by the City, Contractor shall not be entitled to receive any further
amounts due under this Contract until the work specified in Attachment "A" is satisfactorily completed, as
scheduled, up to the date of termination. At such time, if the unpaid balance of the amount to be paid under this
Contract exceeds the expense incurred by the City in finishing the work, and all damages sustained by the City or
which may be sustained by reason of such refusal, neglect, failure or discontinuance of employment, such excess
shall be paid by the City to the Contractor. If the City's expense and damages exceed the unpaid balance,
Contractor and his surety shall be jointly and severally liable therefore to the City and shall pay such difference to
the City. Such expense and damages shall include all legal costs incurred by the City to protect the rights and
interests of the City under the Contract, provided such legal costs shall be reasonable.
7. OWNERSHIP OF DOCUMENTS
A. On payment to the Contractor by the City of all compensation due under this Contract, all finished or
unfinished documents and material prepared by the Contractor with funds paid by the City under this Contract
shall become the property of the City and shall be forwarded to the City upon its request.
B. Any records, reports, information, data or other documents or materials given to or prepared or assembled by
the Contractor under this Contract will be kept confidential and shall not be made available to any individual or
organization by the Contractor without prior written approval of the City or by court order.
8. CLAIMS
Any claim against the City for damages, expenses, costs or extras arising out of the performance of this Contract
must be made in writing to the City within thirty days after the discovery of such damage, expense or loss, and in
no event later than the time of approval by the City for final payment. Contractor, upon making application for
final payment, shall be deemed to have waived its right to claim for any other damages for which application has
not been made, unless such claim for final payment includes notice of additional claim and fully describes such
claim.
9. GENERAL ADMINISTRATION AND MANAGEMENT
The Director of the Public Works and Utilities Department or his/her designee shall have primary responsibility for
the City under this Contract and shall oversee and approve all work to be performed, coordinate communications,
and review and approve all invoices, under this Contract.
10. HOLD HARMLESS
A. The Contractor shall protect, defend, indemnify and save harmless the City, its officers, employees and agents
from any and all costs, claims,judgments or awards of damages, arising out of or in any way resulting from the
negligent acts or omissions of the Contractor. The Contractor agrees that its obligations under this subparagraph
extend to any claim, demand, and/or cause of action brought by, or on behalf of, any of its employees or agents.
For this purpose, the Contractor, by mutual negotiation, hereby waives, as respects the City only, any immunity
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that would otherwise be available against such claims under the industrial insurance provision of Title 51 RCW. In
the event the City obtains any judgment or award, and/or incurs any cost arising therefrom including attorneys'
fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable form the
Contractor.
B. The City shall protect, defend, indemnify and save harmless the Contractor, its officers, employees and agents
from any and all costs, claims,judgments or awards of damages, arising out of or in any way resulting from the
negligent acts or omissions of the City. The City agrees that its obligations under this subparagraph extend to any
claim, demand, and/or cause of action brought by, or on behalf of, any of its employees or agents. For this
purpose, the City, by mutual negotiation, hereby waives, as respects the Contractor only, any immunity that
would otherwise be available against such claims under the industrial insurance provision of Title 51 RCW. In the
event the Contractor obtains any judgment or award, and/or incurs any cost arising therefrom including
attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable
form the City.
11. INSURANCE
The Contractor shall maintain insurance as set forth in Attachment B.
12. PREVAILING WAGE (If applicable)
This Contract is subject to the requirements of Chapter 39.12 RCW, and as it may be amended, relating to
prevailing wages. On Public Works projects, funded in part or in whole with Federal funds, Federal wages laws
and regulations shall also be applicable. NO WORKER, LABORER OR MECHANIC EMPLOYED IN THE
PERFORMANCE OF ANY PART OF THIS CONTRACT SHALL BE PAID LESS THAN THE PREVAILING RATE OF WAGE
as determined by the Industrial Statistician of the Department of Labor and Industries for the State of
Washington. The schedule of prevailing wage rates for this Contract is made a part of this contract as though
fully set forth herein.
Prior to making any payment under this Contract, the City must receive an approved copy of the "Statement
of Intent to Pay Prevailing Wages on Public Works Contracts" from the Department of Labor and Industries.
It is the Contractor's responsibility to obtain and file the "Statement of Intent to pay Prevailing Wage". The
Contractor shall be responsible for all filing fees. Each invoice shall include a signed statement that
prevailing wages have been paid by the Contractor and all subcontractors. Following the final acceptance
of services rendered, Contractor shall submit an "Affidavit of Wages Paid".
For a contract award or an on-call contract work order under $2,500, and in accordance with RCW 39.12.040(2),
the contractor or subcontractor is authorized to submit a combined Statement Of Intent To Pay Prevailing Wages
&Affidavit Of Wages directly to the City of Port Angeles at final invoicing. Submission shall be made on the form
developed by the Washington State Department of Labor and Industries and available from the City of Port
Angeles Public Works and Utilities Department.
In case any dispute arises as to what are the prevailing rates of wages for a specific trade, craft or occupation
and such dispute cannot be adjusted by the parties in interest, including labor and management representatives,
the matter shall be referred for arbitration to the Director of the Department of Labor and Industries, and his
decision shall be final, conclusive, and binding on all parties involved in the dispute.
13. INTERPRETATION AND VENUE
This Contract shall be interpreted and construed in accordance with the laws of the State of Washington. The
venue of any litigation between the parties regarding this Contract shall be Clallam County, Washington.
14. BRANDS OR EQUAL
When a special "brand or equal" is named it shall be construed solely for the purpose of indicating the standards
of quality, performance, or use desired. Brands of equal quality, performance, and use shall be considered,
provided Contractor specifies the brand and model and submits descriptive literature when available. Any bid
containing a brand which is not of equal quality, performance, or use specified must be represented as an
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alternate and not as an equal, and failure to do so shall be sufficient reason to disregard the bid.
15. INSPECTION AND REJECTION
All goods, services, work, or materials purchased herein are subject inspection and to approval by the City. Any
rejection of goods, services, work, or materials resulting because of nonconformity to the terms and specifications
of this order, whether held by the City or returned, will be at Contractor's risk and expense.
16. SUBLETTING OR ASSIGNING OF CONTRACTS
Neither the City nor the Contractor shall assign, transfer, or encumber any rights, duties or interest accruing from
this Contract without the express prior written consent of the other.
17. INDEPENDENT CONTRACTOR
The Contractor is and shall be at all times during the term of this Contract an independent contractor and not
an employee of the City.
18. EXTENT OF CONTRACT/MODIFICATION
This Contract, together with the attachments and/or addenda, represents the entire and integrated Contract
between the parties hereto and supersedes all prior negotiations, representations, or agreements, either written
or oral. This contract may be amended, modified or added to only by written instrument properly signed by both
parties hereto.
This Contract, together with the attachments and/or addenda, represents the entire and integrated Contract
between the parties hereto and supersedes all prior negotiations, representations, or agreements, either written
or oral. This contract may be amended, modified or added to only by written instrument properly signed by both
parties hereto.
19. SUBCONTRACTOR RESPONSIBILITY
The Contractor shall include the language of this section in each of its first tier subcontracts, and shall require
each of its subcontractors to include substantially the same language of this section in each of their subcontracts,
adjusting only as necessary the terms used for the contracting parties. The requirements of this section apply to
all subcontractors regardless of tier.
At the time of subcontract execution, the Contractor shall verify that each of its first tier subcontractors
meets the following bidder responsibility criteria:
- At the time of subcontract bid submittal, have a certificate of registration in compliance with chapter 18.27
RCW;
- Have a current state unified business identifier number;
- If applicable, have:
1) Industrial insurance coverage for the subcontractor's employees working in Washington as required in
Title 51 RCW;
2) An employment security department number as required in Tile 50 RCW; and
3) A state excise tax registration number as required in Tile 82 RCW;
4) An electrical contractor license, if required by Chapter 19.28 RCW;
5) An elevator contract license, if required by Chapter 70.87 RCW.
- Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3).
20. COMPENSATION AND METHOD OF PAYMENT.
The City shall pay the Contractor for work performed under this Contract as detailed in Section 3.A. above.
Unless otherwise agreed to in writing by both parties, the Contractor's total compensation and reimbursement
under this Agreement, including labor, direct non-salary reimbursable costs and outside services, shall not exceed
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the maximum sum of $7,500.00
A. Payments for work provided hereunder shall be made following the performance of such work, unless
otherwise permitted by law and approved in writing by the City. No payment shall be made for any work
rendered by the Contractor except as identified and set forth in this Contract.
B. Progress payments shall be based on the timely submittal by the Contractor.
C. The City shall initiate authorization for payment after receipt of a satisfactorily completed payment request
form-and shall make payment to the Contractor within approximately thirty (30) days thereafter.
IN WITNESS WHEREOF, the parties have executed this Contract as of -A—Qrt I �30 201
CONTRACTOR CITY OF PORT ANGELES
By: By:
Printed Name: Noel Frederick Printed Name:
Title: Owner Title: c-e C40- �� i�vb Q V r Ic-i
Address: 14751 N. Kelsey St, STE:105-544
City: Monroe WA 98272
Tax ID #: 45-5064569
Phone Number: 206-326-9556 Purchase Order #: ✓7 ( 7?��
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City of Port Angeles ATTACHMENT "A"
Engineering Office
Public Works and Utilities Department SCOPE OF WORK
360-417-4700
The contractor shall do all work and furnish all tools, materials, and equipment in order to accomplish the project
described below. Unless otherwise provided for in the Statement of Work, the Contractor will be responsible for
obtaining and paying for any and all permits required for this work.
General Scope: Perform vibration analysis on 2 submersible, wastewater pumps at Pump Station #13.
Location: Pump Station #13, 740 N. Masters Road, Port Angeles, WA
Site Point of Contact: Michael Szatlocky, PE at 360-417-4808.
Work Hours and Schedule: The contractor will be allowed to work from 7:00 AM to 3:30 PM, Monday through
Friday. Work outside of these hours may be requested from and is at the discretion of the City Engineer.
Permits: None Required
Work Requirements:
1.0 Project Description
Pump station #13 was commissioned in 2008. It was originally fitted with two WILO submersible pumps. Pump
#1 has been damaged by debris, and has its impeller replaced twice. It is still in service, but not performing at
its intended flow rate. Pump number two was destroyed by debris and was replaced in 2013 by a Fairbanks-
Morse submersible pump. The new FM pump has been plagued by vibration problems. The remaining WILO
pump is also experiencing vibration problems, but to a lesser degree. The City has purchased a second FM pump
as a replacement for the WILO. The City is waiting to install the second FM pump until the vibration problem has
been resolved.
The purpose of this project is to analyze the pump system to determine the cause of the vibration problem, and
to determine what, if any, correction action can be taken.
2.0 Standard Specifications
This contract incorporates the Washington State Department of Transportation's 2008 Standard
Specifications for Road, Bridge and Municipal Construction referred to herein as the Standard
Specifications and the City of Port Angeles Urban Services Standards and Guidelines(current edition).
3.0 Drawings:
The following listed drawings and specifications are part of this contract:
Project 05-30 East UGA Sewer Extension, Contract Project Manual, Plans
Project 05-30 East UGA Sewer Extension, Contract Project Manual, Technical Specifications
The referenced documents are on file in the project files at Engineering Office of the City of Port Angeles.
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4.0 Description of Work
• After the City drains and flushes the wet well, contractor will attach sensors to the pumps.
• After the City fills the wet well, contractor will run the pumps, and measure the vibration levels
of the pumps (2 days on site).
• Contractor will review the measured vibration levels to identify the root source of the vibration.
• If the measured vibration levels indicate that the vibration is the result of a resonance condition_
the contractor will perform a modal analysis on the pumps (1 day on site).
• The contractor will generate a report summarizing their findings.
• Once the contractor determines the cause of the vibration, they will provide a proposal for any
additional work to engineer a solution if required.
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City of Port Angeles ATTACHMENT "B"
Engineering Office INSURANCE REQUIREMENTS FOR
Public Works and Utilities Department
360-417-4700 SERVICE CONTRACTS
INSURANCE &INDEMNITY REQUIREMENTS FOR
CONSTRUCTION AND SERVICE CONTRACTS
Includes construction and remodeling,janitorial service, tree maintenance, road maintenance,painting, e lectrical
work, plumbing, movers, and on site maintenance agreements.
Indemnification / Hold Harmless
The Contractor shall defend, indemnify and hold the City, its officers, officials, employees and volunteers
harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in
connection with the performance of this Agreement, except for injuries and damages caused by the sole
negligence of the City.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the
event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting
from the concurrent negligence of the Contractor and the City, its officers, officials, employees, and volunteers,
the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further
specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver
of immunity under Industrial Insurance Title 51 RCW, solely for the purposes of this indemnification. This waiver
has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or
termination of this Agreement.
Insurance
The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries
to persons or damage to property which may arise from or in connection with the performance of the work
hereunder by the Contractor, their agents, representatives, employees or subcontractors.
No Limitation
Contractor's maintenance of insurance, its scope of coverage and limits as required herein shall not be construed
to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's
recourse to any remedy available at law or in equity.
Minimum Scope of Insurance
Contractor shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall
be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent
liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover
liability arising from premises, operations, independent contractors, products-completed operations, stop
gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The
Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project
Endorsement ISO form CG 25 03 1185 or an equivalent endorsement. There shall be no endorsement or
modification of the Commercial General Liability Insurance for liability arising from explosion, collapse or
underground property damage. The City shall be named as an insured under the Contractor's Commercial
General Liability insurance policy with respect to the work performed for the City using ISO Additional
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Insured endorsement CG 20 10 10 01 and Additional Insured-Completed Operations endorsement CG 20
37 10 01 or substitute endorsements providing equivalent coverage.
3. Workers'Compensation coverage as required by the Industrial Insurance laws of the State of
Washington.
Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property
damage of$1,000,000 per accident.
2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each
occurrence, $2,000,000 general aggregate and $2,000,000 products-completed operations aggregate
limit.
Other Insurance Provision
The Contractor's Automobile Liability and Commercial General Liability insurance policies are to contain, or be
endorsed to contain that they shall be primary insurance as respect the City. Any insurance, self-insurance, or
insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not
contribute with it.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII.
E. Verification of Coverage
Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including
but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the
Contractor before commencement of the work.
F. Subcontractors
The Contractor shall have sole responsibility for determining the insurance coverage and limits required, if any, to
be obtained by subcontractors, which determination shall be made in accordance with reasonable and prudent
business practices.
G. Notice of Cancellation
The Contractor shall provide the City and all Additional Insureds for this work with written notice of any policy
cancellation, within two business days of their receipt of such notice.
H. Failure to Maintain Insurance
Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of
contract, upon which the City may, after giving five business days notice to the Contractor to correct the breach,
immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all
premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole
discretion of the City, offset against funds due the Contractor from the City.
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City of Port Angeles ATTACHMENT "C"
Engineering Office
Public Works and Utilities Department PREVAILING WAGE RATES
360-417-4700 (If Applicable)
Prevailing Wage Rates Information Below:
1. Washington State Prevailing Wage Rates For Public Works Contracts —Journey Level and Apprentices,
Clallam County, effective 3/4/2015.
2. To access applicable prevailing rate of wage by trade, use the following Department Labor and Industries
website link: http://www.Ini.wa.gov/TradesLicensina/PrevWage/WageRates/defauIt.aa
3. A copy of the applicable prevailing wage rates can be obtained by contacting Lucy Hanley at 360-417-4541 or
by email, Ihanlev a citvofpa.us. A hard copy is available for viewing in person at 1703 South B Street, Port
Angeles, WA. 98363.
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City of Port Angeles ATTACHMENT "D"
Engineering Office
Public Works and Utilities Department BUDGET OF INITIAL TASKS
360-417-4700
On-site Vibration Analysis 3 Days @ $1,800/Day $5,400
Model Analysis & Report Writing $2,100
Total $7,500
END OF EXHIBIT
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