HomeMy WebLinkAbout5.690 Original Contract
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AMENDMENT NO.1 TO THE
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE
THE CITY OF PORT ANGELES
AND
TRIAXIS ENGINEERING, INC.
RELATING TO
DESIGN OF OVERHEAD FEEDER TIE BETWEEN LAUREL AND []A[] STREET
SUBSTATIONS, PROJECT #05-20
BASE CONTRACT PROJECTS #04-15 & 04-16
THIS AMENDMENT NO.1 TO THE AGREEMENT between THE CITY OF PORT ANGELES,
a non-charter code city of the State of Washington, (hereinafter called the "CITY") and Triaxis
En~~ering, Inc. (hereinafter called the "CONSULTANT") is made and entered into this
.5 day of July, 2005.
WHEREAS, the CITY entered in to an AGREEMENT with the CONSULTANT on September
27, 2004 for Substation Relay Design for Projects 04-15 and 04-16, and
WHEREAS, the CITY desires to amend the AGREEMENT to add Feeder Design Tasks 1-14
for the project including a Scope of Work and Budget,
NOW, THEREFORE, in consideration of the above representations and the terms, conditions,
covenants and agreements set forth in the original AGREEMENT and this AMENDMENT, the
parties hereto agree as follows:
SCOPE OF WORK FOR TASKS 1, 2, 3,..., 14
The scope of professional services to be performed and the results to be achieved by the
CONSULTANT for Tasks 1 through 14 shall be as detailed in each of the attached Exhibit A
and shall include all services and material necessary to accomplish the work.
" TIME OF PERFORMANCE
The Time of Performance shall be extended to August 31,2005.
'" MAXIMUM COMPENSATION
The CONSULTANT'S total compensation and reimbursement under the original Agreement
($47,000.00) and Amendment NO.1 to the Agreement ($10,600.00), including labor, direct
non-salary reimbursable costs and outside services, shall not exceed the total and subtotals
for the tasks as set forth in Exhibit A & B attached to the original Agreement, and the attached
Exhibit A. Amounts budgeted for each task may be adjusted by mutual agreement without an
amendment to the Agreement, as long as the maximum compensation amount of
$57000,600.00 is not exceeded.
IV ....SiGNATURES
Except as modified in this Amendment No.1 to the Agreement, the original Agreement and its
Exhibits shall remain in effect.
In WITNESS THEREOF, the parties hereto have executed this Amendment No.1 to the
Agreement as of the day and year first written above.
r5 LQjELES: .
MAYOR ~
CONSULTANT:
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TITLE: \l,1L. p~,.~f
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WILLIAM BLOOR, CITY ATTORNEY
ATTEST:
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EXHIBIT A
PORT ANGELES: Highway 101 Tie Line TriAxis
Description: Design approximately 1700 feet 3-phase, 4-wire 12.47-kV overhead tie line including one 800-ft
span crossing Highway 101 (Lauridsen Blvd.) and Valley Creek. Medium Loading. ..6'7..9'm_.ni7~ H71Z
Wood poles, Medium Loading
397 ACSR "IBIS" 3-phase, 4-wire
Rebuild using 336 MC & 4/0 Neutral
Scope I Cost Estimate Gordon Doyle Ashwln Ward Todd
Staff TOTAL Task
Staff Labor Grade E6 I E5 I E4 I T4 I T3
Staff Labor Rate $115 $105 $96 I $85 $75 HOURS Estimate
Tasks Subtotals
1 Prepare Preliminary Design: Sags & Tensions, Pole class & height, 1 4 1 6 $ 584
Guys & Anchors.
2 Assemble and Review Distnbution Unit Assemblies 1 8 9 $ 776
3 Field Design & Staking: Pole & anchor sites. 16 16 32 $ 3,200
Survey Road & River Crossing
4 Develop Guying Sketches 2 2 4 $ 362
5 Prepare staking sheet(s) 1 1 8 10 $ 891
6 Prepare Crossing sketches for Hwy 101 permits 1 4 5 $ 436
(Road & River crossings)
7 Develop Construction Unit Tabu'lation 1 3 4 $ 351
8 ReView Construction Specifications 2 2 $ 230
9 Review Construction Bid Proposal Section 2 2 $ 192
10 Develop Construction Cost Estimate 1 1 1 3 $ 296
11 Review Submittal and Changes 1 3 4 8 $ 743
12 Final Submittal 1 1 2 4 $ 381
13 Bid ASSistance 1 1 1 3 $ 296
14 Construction Services (no site Visits, just phone questions) 1 1 1 3 $ 296
0 $ -
$ -
Subtotal Labor Hours: 25 0 19 51 0 95
Labor Subtotal: $2,875 $0 $1,824 $4,335 $0 $ 9,034
Exoenses:
On-site Tnps: 1 trip, 2 people Vehicle + Meals - - - $ 700
Print & Plot, Shipping, Misc - - - $ 300
Computers/CAD hours 19 14 38 0 - $ 513
Expense Subtotal: $ 1,513
Total (Task 1 through 14) Labor and Expenses: $ 10,547
designtask
Page 1 of 1
6/27/2005
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AGREEMENT FOR PROFESSIONAL SERVICES C/~~~
BETWEEN THE
THE CITY OF PORT ANGELES AND TRIAXIS ENGINEERING, INC.
RELATING TO: Design of Relay Upgrade at, Valley Substation Project 04-15, and "A" Street Substation
Project 04-16
THIS AGREEMENT is made and entered into this September, ~ 7~, 2004, by and between THE CITY OF PORT
ANGELES, a non-charter code city of the State of Washington, (hereinafter called the "CITY") and TriAxis
Engineering, Inc. (hereinafter called the "CONSULTANT").
WHEREAS, the CITY desires to develop a design for the upgrading of relays at Valley Substation, and "An Street
Substation, and
WHEREAS, the CITY desires to engage the professional services and assistance of a qualified consulting firm to
perform the scope of work as detailed in Exhibits A and S, and
WHEREAS, the CONSU L T ANT represents that it is In full compliance with the statutes of the State of Washington for
profeSSional registration and/or other applicable requirements, and
WHEREAS, the CONSULTANT represents that it has the background, experience, and ability to perform the required
work in accordance with the standards of the profeSSion, and
WHEREAS, the CONSULTANT represents that it will provide qualified personnel and appropriate facilities necessary
to accomplish the work,
NOW, THEREFORE, In consideration of the above representations and the terms, conditions, covenants and
agreements set forth below, the parties hereto agree as follows:
SCOPE OF WORK
The scope of professional services to be performed and the results to be achieved by the CONSULTANT shall be as
detailed in the attached Exhibit A and S and shall Include all services and material necessary to accomplish the work.
The CITY may review the CONSULTANT'S work product, and if it is not satisfactory, the CONSULTANT shall make
such changes as may be required by the CITY. Such changes shall not constitute "Extra Work" as related in Section
XI of this Agreement.
The CONSULTANT agrees that all services performed under this Agreement shall be in accordance with the
standards of the profession and in compliance with applicable federal, state and local laws.
The Scope of Work may be amended upon written approval of both parties.
II OWNERSHIP OF DOCUMENTS
Upon completion of the work, all documents, exhibits, photographic negatives, or other presentations of the work shall
become the property of the CITY for use without restriction and Without representation as to sUitability for reuse by any
other party unless specifically verified or adapted by the CONSULTANT. However, any alteration or reuse of the
documents, by the City or by others acting through or on behalf of the City, will be at the City's sole risk
III DESIGNATION OF REPRESENTATIVES
Each party shall designate ItS representatives in writing. The CONSULTANT'S representative shall be subject to the
approval of the CITY.
IV TIME OF PERFORMANCE
The CONSULTANT may begin work on Projects 04-15 and 04-16 upon execution of this Agreement by both parties.
The work shall be completed on each project Within 60 working days of the notice to proceed for that project
City of Port Angeles - [September, 2004]
or ..
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V PAYMENT
- . The CIl)',stlall, PCly. the CQNS\,.!L T AN1 as set forth in -this section of the Agreement.~ Such payment shall be full
':_C9.i;np~~.s.~tion,.for:,w9rk\ pe,rfqrn:ted; seryic~s rendered, and all labor, matenals, supplies, equipment and incidentals
necessary to complete the work, . '. .
.A.' Payment shall. be on the ,ba?is ,of the CONSULTANT'S cost for actual labor,' overhead and profit plus
,. ,CONSULTANTS direct non-salary reimbursable costs'as set forth in the attached Exhibit'A and B. '
1. Labor costs shall be based on the hourly rates shown in Exhibit A and B
General clerical time shall be considered an overhead item, except where specific work Items are involved that
require one hour or more contmued effort, in which case time will be charged on the baSIS of hours worked.
2. The direct non-salary reimbursable costs are those directly incurred in fulfilling the terms of this Agreement,
including, but not limited to, travel, subsistence, telephone, CADD computer, reproduction and printing, supplies
and fees of outside services and consultants' Ten percent ( 10%roverhead and profit may D'e addea to direct
non-salary reimbursable costs
B. The CONSULTANT shall submit invoices to the CITY on a monthly baSIS. InVOices shall detail the work, hours,
employee name, and hourly rate; shall itemize With receipts and invoices the non-salary direct costs; shall indicate
the specific task or activity In the Scope of Work to which the costs are related; and shall indicate the cumulative
total for each task.
C The CITY shall review the inVOices and make payment for the percentage of the project that has been completed
less the amounts previously paid
D. T,tle,CO~SULTANT:involces are'due and payable wlthin'30'days of receipt' In the event of a di.sputed billing; only
the dispute'd portion will be Withheld from payment , __ .~ ' ' .-
E Final payment for the balance due to the CONSULTANT will be made upon the completion, of the work a'nd
acceptance by the CITY.
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F. Payment for "Extra Work" performed under Section XI of thiS Agreement shall be as agreed to by the parties in
wntlng.
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VI MAXIMUM COMPENSATION
Unless otherwise agreed to In writing by both parties, the CONSULTANT'S total compensation and reimbursement
under this Agreement, including labor, direct non-salary reimbursable costs and outside services, shall not exceed the
maximum sum of $ 47.00000
VII EMPLOYMENT
Employees of the CONSULTANT, while engaged in the performance of any work or services under this Agreement,
shall be considered employees of the CONSULTANT only and not of the CITY, and claims that may arise under the
Workman's Compensation Act on behalf of said employees while so engaged, and any and all claims made by a third
party as a consequence of any negligent act or omission on the part of the CONSULTANT'S employees while so
engaged, on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility
of the CONSULTANT.
In performing this Agreement, the CONSULTANT shall not employ or contract with any CITY employee Without the
City's written consent.
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VIII NONDISCRIMINATION!
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The CONSULTANT shall conduct ItS business in a manner, which assures fair, equal and non-discriminatory
treatment of all persons, Without respect to race, creed or national origin, or other legally protected classification and, in
City of Port Angeles - [September. 2004]
particular'
. A. -The CONSUL Tf',NT shall', maintain, open hiring and 'employment practices ,arid will welcome applications-for
. 2" -employment-In all posltlons;',fromoquallfled Individuals who are.members of. minorities pr'otected.by,federal equal
opportunity/affirmative action requirements; and, " " - :"", .:. - ; ,-' ><',
B. The CONSULTANT shall comply with all requirements of applicable federal, state or- local -laws or'regliations
Issued pursuant thereto, relating to the establishment of non discriminatory requirements in hiring and employment
practices and assuring the service of all persons without discrimination as to any person's race, color, religion, sex,
Vietnam era veteran status, disabled veteran condition, physical or mental handicap, or national origin
IX SUBCONTRACTS
A. The CONSULTANT shall not sublet or assign any of the work covered by this Agreement without the written
consent of the CITY.
B. The CONSULT AN T'WI II be uSing. the 'firms submitted with its, proposal',as subcontractors. Subcontractors other
than those listed shall not be permitted without the written consent of the CITY.
C. In all solicitation either by competitive bidding or negotiation made by the CONSULTANT for work to be performed
pursuant to a subcontract, Including procurement of materials and equipment, each potential subconsultant or
supplier shall be notified by the CONSULTANT of Consultant's obligations under this Agreement, including the
nondiscrimination requirements.
X CHANGES IN WORK
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Other than changes directed by the CITY as set forth in Section I above, either party may request changes in the
scope'of work Such changes,shall not ,become part~'6f this Agreemen!',unless and uhtil mutually, agreed,"u'pon and
Incorporated herein by written amendments to this Agreement executed ,by both parties. ;:, ' , . , .
;XI. EXTRA WORK :', ,,' - c.
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The CITY may desire to have the CONSULTANT perform work or render services in connection with this project, in
addition to the Scope of Work set forth in Exhibit A and minor revisions to satisfactorily completed work Such work
shall be considered as "Extra Work" and shall be addressed in a written supplement to this Agreement. The CITY shall
not be responsible for paying for such extra work unless and until the written supplement is executed by both parties.
XII TERMINATION OF AGREEMENT
A. The CITY may terminate this Agreement at any time upon not. less than ten (10) days written notice to the
CONSULTANT Written notice Will be by certified mall sent to the consultant's deSignated representative at the
address provided by the CONSULTANT.
B. In the event this Agreement is terminated prior to the completion of the work, a final payment shall be made to the
CONSULTANT, which" when added to any payments previously made, shall compensate the CONSULTANT for
the percentage of work completed.
C In the event this Agreement IS terminated prior to completion of the work, documents that are the property of the
CITY pursuant to Section II above, shall be delivered to and received by the CITY prior to transmittal of final
payment to the CONSULTANT.
XIII INDEMNIFICATION I HOLD ,HARMI-ES$ ':
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Consultant 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 resulting from the acts,
errors or omissions of the Consultant in performance of this Contract
City of Port Angeles - [September, 2004]
XIV INSURANCE I
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The Consultant shall procure and maintain for the duration of the Contract, 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 Consultant, Its agents, representatives, or employees
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A. MINIMUM SCOPE OF INSURANCE
Consultant shall obtain insurance of the types descnbed below:
1. Automobile liability insurance covenng 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 ansing from premises, operations, independent contractors ,and personal injury and
advertising injury.wThe City shall be named as an insured under the Consultant's CommerCial General
liability Insurance policy with respect to the work performed for the City
3. Workers' Compensation coverage as required by the Industnal Insurance laws of the State of
Washington.
4. Professional Liability Insurance appropriate to the Consultant's profession
B. MINIMUM AMOUNTS OF INSURANCE
Consultaiif snair m'ain!ain'ttie -followiri'~rlnsurance limits:
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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 wntten with limits no less. tnan . $,1,000,000 each' .
occurrence, $2,000,000 general aggregate.
3. ProfeSSional Liability insurance shall be written with limits no less than $1,000,000 per claim and
$1,000,000 policy aggregate limit.
C. OTHER INSURANCE PROVISIONS
The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile liability,
Professional liability and CommerCial General liability Insurance:
1. The Consultant's insurance coverage 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 Consultant's
insurance and shall not contnbute with it.
2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either
party, except after thirty (30) days pnor written notice by certified mail, return receipt requested, has
been given to the City.
D. 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
Consultant shall furnish the City With original certificates and a copy of the amendatory endorsements, including but not
City of Port Angeles - [September, 2004]
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necessarily limited to the additional Insured endorsement, evidencing the Insurance requirements of the Consultant :
before commencement of the work
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-XV- APPl:ICABLE LAW' .-, :; - .>~,~- ,-'~ ~', - ~,
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This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington, and in the
event of dispute the venue of any litigation brought hereunder shall be Clallam 'County" ' ": . "
XVI EXHIBITS AND SIGNATURES
This Agreement, including its exhibits, constitutes the entIre Agreement, supersedes all prior written or oral
understandings, and may only be changed by a written amendment executed by both parties. The following exhibits
are hereby made a part of this Agreement'
Exhibit A - Valley SubstatIon - Scope of work, manpower requirement and labor cost.
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Exhibit B - "A" Stre~,t Substation -. Scope of work, manpoyver requirement a,nd labor cost
In WITNESS THEREOF, the parties hereto have executed this Agreement as of the day and year first written above.
CONSULTANT
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ATTEST'
Loe N IPWKSILlGHT\ENGRIPROJECTS\2004 relay deslgnlDESCONT wpd
File 21-27
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City of Port Angeles - [September, 2004]
EXHIBIT A
Proposal to City of Port Angeles
Scope I Workplan I Cost Estimate
Prepared August 24th 2004 P:;:.-u :G:::::, ,--en 'b~l .,d'\fll:<.e R c.<'
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Staff
Staff Labor Grade E6 E5 T4 T3 TOTALS
Staff Labor Rate $105 $97 $85 $65
Task
Valley Substation - Transformer & Feeder Relay Replacement Subtotals
Task 1 Basic Deslan Criteria
1 1 One Line Dlaoram (1 drawlno) 2 2 2 8 $ 1,094
12 Three-line Dlaaram (1 drawlno) 2 4 2 8 $ 1288
1 3 Site VISit for Enolneenno Review (shared with A Streetl 8 $ 776
$ 3158
Task 2 Transformer Protection Panel
21 Electrical SchematiC (1 drawlno) 1 8 2 12 $ 1831
22 Panel Lavout Dlaoram (1/4 drawlno) 1 2 4 $ 559
23 Panel Wlrlno Dla'uam (1 drawlno) a 2 16 $ 1986
24 Cubical Wlrlno Dlaoram (1 drawlno) 4 8 $ 908
$ 5284
Task 3 Feeder Protection Panels (6)
31 Electrical SchematiCs (6 drawlnos) 2 18 6 24 $ 4026
32 Panel Lavout Drawlno (3/4 drawlno) 1 3 6 $ 786
33 Panel Wlnno D,aarams (6 drawlnos) 18 12 36 $ 5106
34 Cubical Wlrlno Dlaorams (6 drawlnos) 18 12 36 $ 5106
35 Construction Soeclflcatlons Preoaratlon 4 $ 388
$ 15412
Task 4 Services Durino Construction
41 Shoo DrawlnQ Rewlew 2 $ 194
42 Relav Settlnos (feeder & transformer relavs) 12 $ 1,164
43 Record Drawlnos 4 8 12 $ 1,848
44 General Construction Suooor! (phone calls) 2 8 $ 986
$ 4,192
Subtotal Labor Hours 11 123 46 170 350
Subtotal Labor Cost $1 155 $11 931 $3910 $11050 $ 28 046
Tasks 1 throuah 4 Exoenses:
Travel/LodOlno (mlleaae lodoln" meals) 1/2 triO for deslon $ 200
Communications (ohone COOVInO olottlna) $ 100
Comnuters/CAD (software and hardware recoverv) $9 per hour 175 $ 1575
Subtotal Expenses $ 1,875
Subtotal: Tasks 1 throuah 4 Labor and EXDenses: $ 29 921
Project Total Estimate
Rounded Total (Not to exceed)
$
$
29,921
30,000
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October 25, 2001
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EXHIBIT B
Proposal to City of Port Angeles
Scope I Workplan I Cost Estimate
PreparedAugust24th,2004 F~,l /~../'~) !Lr'f t'/.l~J~ F ....."
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Staff
Staff Labor Grade E6 E5 T4 T3 TOTALS
Staff Labor Rate $105 $97 $85 $65
Task
"A" Street Substation - Feeder Relay Replacement Subtotals
Task 1 Basic DesiQn Criteria
1 1 One Line Dlaaram 11 drawlna) 2 2 2 8 $ 1094
1 2 Three-line Dlaaram 11 drawlnal 2 4 2 8 $ 1288
1 3 Site VISit for EnClneenno Review (shared with Valley) 8 $ 776
$ 3158
Task 2 Transformer Protection Panel INICI
21 Electncal Schematic $ -
22 Panel Layout Dlaaram $ -
23 Panel Wlrlna Dlaaram $ -
24 Cubical Wlnna Dlaaram $ -
$ -
Task 3 Feeder Protection Panels (3)
31 Electncal Schematics 13 drawlnos) 2 6 3 24 $ 2607
32 Panel LavolJt Drawlna 11 drawlno) 1 4 4 4 $ 1093
33 Panel Wlnno Dlaorams 13 drawlnas) 12 6 24 $ 3234
34 Cubical Wlnna Dlaarams 13 drawlnas) 6 3 12 $ 1617
35 Construction Soeclficatlons Preoaratlon 4 $ 388
$ 8939
Task 4 Services DurmQ Construction
41 Shap Drawing Rewlew 4 $ 388
42 Relav Seltlnas Ifeeder relav onlv) 6 $ 582
43 Record Drawings 4 8 12 $ 1,848
44 General Construction Support (phone calls) 1 8 $ 881
$ 3,699
Subtotal Labor Hours 8 68 28 92 196
Subtotal Labor Cost $840 $6 596 $2 380 $5 980 $ 15796
Tasks 1 throuQh 4 Expenses:
Travel/Lodalna Imlleaae lodalna meals) 1/2 tno for deslon $ 200
Communications (chone COOVlnO. ololtlno) $ 100
Comnuters/CAD Isoftware and hardware recoverv) $9 per hour 98 $ 882
Subtotal Expenses $ 1,182
Subtotal: Tasks 1 throuQh 4 Labor and Expenses: $ 16,978
Project Total Estimate
Rounded Total (Not to exceed)
$
$
16,978
17,000