HomeMy WebLinkAboutLahren Assoc ODT Anderson Lake ConnectionPROFESSIONAL SERVICES AGREEMENT FOR
Cultural Resources Assessment & Report for Olympic Discovery
Trail Project, from Larry Scott Trail to Anderson Lake State Park
(ODT: Anderson Lake Connection)
THIS PROFESSIONAL SERVICES AGREEMENT ("this Agreement") is entered into between
the County of Jefferson, a municipal corporation ("the County"), and
Lahren Associates, Sylvester Lahren PhD ("the Consultant"), in consideration of the
mutual benefits, terms, and conditions specified below.
1. Project Designation. The Consultant is retained by the County to
provide Cultural Resources Assessment and Report to satisfy requirements of 36 Code
or reoerai Keg. cart tsuu, 5ectlon i ub tor uu i : Ana erson LaKe t;onnectlon project
2. Scope of Services. Consultant agrees to perform the services, identified on Exhibit "A"
attached hereto, including the provision of all labor.
Time for Performance. Work under this Agreement shall commence upon the giving of
written notice by the County to the Consultant to proceed. The Consultant receipt of a
Purchase Order shall constitute said notice. Consultant shall perform all services and
provide all work product required pursuant to this Agreement on the dates listed on
Exhibit "A". Time is of the essence in the performance of this Agreement.
4. Payment. The Consultant shall be paid by the County for completed work and for
services rendered under this Agreement as follows:
a. Payment for the work provided by Consultant shall be made as provided on
Exhibit `B" attached hereto, provided that the total amount of payment to
Consultant shall not exceed $10,260.00 without express written modification
of this Agreement signed by the County.
b. The Consultant may submit invoices to the County once per month during the
progress of the work for partial payment for project completed to date. Such
vouchers will be checked by the County, and upon approval thereof, payment will
be made to the Consultant in the amount approved. Payment of Consultant
invoices shall be within 30 days of receipt by the County for any services not in
dispute based on the terms of this Agreement.
C. Final payment of any balance due the Consultant of the total contract price earned
will be made promptly upon its ascertainment and verification by the County after
the completion of the work under this Agreement and its acceptance by the
County.
d. Payment as provided in this section shall be full compensation for work
performed, services rendered and for all materials, supplies, equipment and
incidentals necessary to complete the work.
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e. The Consultant's records and accounts pertaining to this Agreement are to be kept
available for inspection by representatives of the County and state for a period of
three (3) years after final payments. Copies shall be made available upon request.
5. Ownership and Use of Documents. All documents, drawings, specifications, and other
materials produced by the Consultant in connection with the services rendered under this
Agreement shall be the property of the County whether the project for which they are
made is executed or not. The Consultant shall be permitted to retain copies, including
reproducible copies, of drawings and specifications for information, reference and use in
connection with Consultant's endeavors.
6_ Compliance with laws. Consultant shall, in performing the services contemplated by this
Agreement, faithfully observe and comply with all federal, state, and local laws,
ordinances and regulations, applicable to the services to be rendered under this
Agreement.
7. Indemnification. The Consultant shall defend, indemnify and hold the County, its
officers, officials, employees, agents and volunteers (and their marital communities)
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 Agreement, except for injuries and damages caused by the sole
negligence of the County. 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 Consultant and the County, its officers, officials, employees,
agents and volunteers (and their marital communities) the Consultant's liability,
including the duty and cost to defend, hereunder shall be only to the extent of the
Consultant's negligence. It is further specifically and expressly understood that the
indemnification provided herein constitutes the Consultant'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.
8. Insurance. Prior to commencing work, the Consultant shall obtain at its own cost and
expense the following insurance coverage specified below and shall keep such coverage
in force during the terms of the Agreement.
Commercial Automobile Liability Insurance providing bodily injury and property
damage liability coverage for all owned and non -owned vehicles assigned to or used in
the performance of the work for a combined single limit of not less than $500,000 each
occurrence with the County named as an additional insured in connection with the
Consultant's performance of his Agreement. This insurance shall indicate on the
certificate of insurance the following coverage: (a) Owned automobiles; (b) Hired
automobiles; and, (3) Non -owned automobiles.
Commercial General Liability Insurance in an amount not less than a single limit of
$500,000 per occurrence and an aggregate of not less than two (2) times the occurrence
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amount ($1,000,000.00 minimum) for bodily injury, including death and property
damage, unless a greater amount is specified in the contract specifications.
The commercial general liability insurance coverage shall contain no limitations on the
scope of the protection provided and include the following minimum coverage:
a. Broad Form Property Damage, with no employee exclusion;
b. Personal Injury Liability, including extended bodily injury;
C. Broad Form Contractual/Commercial Liability — including coverage for products
and completed operations;
d. Premises — Operations Liability (M&C);
e. Independent Contractors and subcontractors;
f. Blanket Contractual Liability.
The County shall be named as an "additional named insured" under all insurance policies
required by this Agreement, except Professional Liability Insurance when not allowed by
the insurer, and shall include a provision prohibiting cancellation of said policy except
upon thirty (30) days prior written notice to the County.
Such insurance coverage shall be evidenced by one of the following methods: (a)
Certificate of Insurance; or, (b) Self-insurance through an irrevocable Letter of Credit
from a qualified financial institution.
The Consultant shall furnish the County with properly executed certificates of insurance
that, at a minimum, shall include: (a) The limits of overage; (b) The project name to
which it applies; (c) The certificate holder as Jefferson County, Washington and its
elected officials, officers, and employees with the address of Jefferson County Risk
Management, P.O. Box 1220, Port Townsend, WA 98368, and, (d) A statement that the
insurance policy shall not be canceled or allowed to expire except on thirty (30) days
prior written notice to the County. If the proof of insurance or certificate indicating the
County is an "additional insured" to a policy obtained by the Consultant refers to an
endorsement (by number or name) but does not provide the full text of that endorsement,
then it shall be the obligation of the Consultant to obtain the full text of that endorsement
and forward that full text to the County. Certificates of coverage as required by this
section shall be delivered to the County within fifteen (15) days of execution of this
Agreement.
Failure of the Consultant to take out or maintain any required insurance shall not relieve
the Consultant from any liability under this Agreement, nor shall the insurance
requirements be construed to conflict with or otherwise limit the obligations concerning
indemnification of the County.
The Consultant's insurers shall have no right of recovery or subrogation against the
County (including its employees and other agents and agencies), it being the intention of
the parties that the insurance policies, with the exception of Professional Liability
Insurance, so affected shall protect all the parties and shall be primary coverage for all
losses covered by the above described insurance.
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Insurance companies issuing the Consultant's insurance policy or policies shall have no
recourse against the County (including its employees and other agents and agencies) for
payment of any premiums or for assessments under any form of insurance policy.
All deductibles in the Consultant's insurance policies shall be assumed by and be at the
sole risk of the Consultant.
Any deductibles or self -insured retention shall be declared to and approved by the County
prior to the approval of this Agreement by the County. At the option of the County, the
insurer shall reduce or eliminate deductibles or self -insured retention, or the Consultant
shall procure a bond guaranteeing payment of losses and related investigations, claim
administration and defense expenses.
Any judgments for which the County may be liable, in excess of insured amounts
required by this Agreement, or any portion thereof, may be withheld from payment due,
or to become due, to the Consultant until the Consultant shall furnish additional security
covering such judgment as may be determined by the County.
Any coverage for third party liability claims provided to the County by a "Risk Pool"
created pursuant to Ch. 48.62 RCW shall be non-contributory with respect to any
insurance policy the Consultant shall provide to comply with this Agreement.
The County may, upon the Consultant's failure to comply with all provisions of this
Agreement relating to insurance, withhold payment or compensation that would
otherwise be due to the Consultant.
The Consultant shall provide a copy of all insurance policies specified in this Agreement.
Written notice of cancellation or change in the Consultant's insurance required by this
Agreement shall reference the project name and agreement number and shall be mailed to
the County at the following address: Jefferson County Risk Management, P.O. Box
1220, Port Townsend, WA 98368.
The Consultant's liability insurance provisions shall be primary and noncontributory with
respect to any insurance or self-insurance programs covering the County, its elected and
appointed officers, officials, employees, and agents.
Any failure to comply with reporting provisions of the insurance policies shall not affect
coverage provided to the County, its officers, officials, employees, or agents.
The Consultant's insurance shall apply separately to each insured against whom claim is
made or suit is brought, except with respect to the limits of the insurer's liability.
The Consultant shall include all subconsultants as insured under its insurance policies or
shall furnish separate certificates and endorsements for each subconsultants. All
insurance coverage for subconsultants shall be subject to all the requirements stated in
this Agreement.
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The insurance limits mandated for any insurance coverage required by this Agreement
are not intended to be an indication of exposure nor are they limitations on
indemnification.
The Consultant shall maintain all required insurance policies in force from the time
services commence until services are completed. Certificates, insurance policies, and
endorsements expiring before completion of services shall be promptly replaced. All the
insurance policies required by this Agreement shall provide that thirty (30) days prior to
cancellation, suspension, reduction or material change in the policy, notice of same shall
be given to the County Risk Manager by registered mail, return receipt requested.
The Consultant shall place insurance with insurers licensed to do business in the State of
Washington and having A.M. Best Company ratings of no less than A-, with the
exception that excess and umbrella coverage used to meet the requirements for limits of
liability or gaps in coverage need not be placed with insurers or re -insurers licensed in the
State of Washington.
The County reserves the right to request additional insurance on an individual basis for
extra hazardous contracts and specific service agreements.
9. Worker's_ Compensation (Industrial Insurance).
If and only if the Consultant employs any person(s) in the status of employee or
employees separate from or in addition to any equity owners, sole proprietor, partners,
owners or shareholders of the Consultant, the Consultant shall maintain workers'
compensation insurance at its own expense, as required by Title 51 RCW, for the term of
this Agreement and shall provide evidence of coverage to Jefferson County Risk
Management, upon request.
Worker's compensation insurance covering all employees with limits meeting all
applicable state and federal laws. This coverage shall include Employer's Liability with
limits meeting all applicable state and federal laws.
This coverage shall extend to any subconsultant that does not have their own worker's
compensation and employer's liability insurance.
The Consultant expressly waives by mutual negotiation all immunity and limitations on
liability, with respect to the County, under any industrial insurance act, disability benefit
act, or other employee benefit act of any jurisdiction which would otherwise be
applicable in the case of such claim.
If the County incurs any costs to enforce the provisions of this subsection, all cost and
fees shall be recoverable from the Consultant.
10. Independent Contractor. The Consultant and the County agree that the Consultant is an
independent contractor with respect to the services provided pursuant to this Agreement.
The Consultant specifically has the right to direct and control Consultant's own activities,
and the activities of its subconsultants, employees, agents, and representatives, in
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providing the agreed services in accordance with the specifications set out in this
Agreement. Nothing in this Agreement shall be considered to create the relationship of
employer and employee between the parties. Neither Consultant nor any employee of
Consultant shall be entitled to any benefits accorded County employees by virtue of the
services provided under this Agreement, including, but not limited to: retirement,
vacation pay; holiday pay; sick leave pay; medical, dental, or other insurance benefits;
fringe benefits; or any other rights or privileges afforded to Jefferson County employees.
The County shall not be responsible for withholding or otherwise deducting federal
income tax or social security or for contributing to the state industrial insurance program,
otherwise assuming the duties of an employer with respect to Consultant, or any
employee of Consultant.
11. Subcontracting Requirements. The Consultant is responsible for meeting all terms and
conditions of this Agreement including standards of service, quality of materials and
workmanship, costs, and schedules. Failure of a subconsultant to perform is no defense
to a breach of this Agreement. The Consultant assumes responsibility for and all liability
for the actions and quality of services performed by any subconsultant.
Every subconsultant must agree in writing to follow every term of this Agreement. The
Consultant must provide every subconsultant's written agreement to follow every term of
this Agreement before the subconsultant can perform any services under this Agreement.
The County Engineer or their designee must approve any proposed subconsultants in
writing.
Any dispute arising between the Consultant and any subconsultants or between
subconsultants must be resolved without involvement of any kind on the part of the
County and without detrimental impact on the Consultant's performance required by this
Agreement.
12. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or
retained any company or person, other than a bona fide employee working solely for the
Consultant, to solicit or secure this Agreement, and that he has not paid or agreed to pay
any company or person, other than a bona fide employee working solely for the
Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other
consideration contingent upon or resulting from the award or making of this Agreement.
For breach or violation of this warranty, the County shall have the right to annul this
Agreement without liability or, in its discretion to deduct from the Agreement price or
consideration, or otherwise recover, the full amount of such fee, commission, percentage,
brokerage fee, gift, or contingent fee.
13. Discrimination Prohibited. The Consultant, with regard to the work performed by it
under this Agreement, will not discriminate on the grounds of race, color, national origin,
religion, creed, age, sex, or the presence of any physical or sensory handicap in the
selection and retention of employees or procurement of materials or supplies.
14. No Assignment. The Consultant shall not sublet or assign any of the services covered by
this Agreement without the express written consent of the County. Assignment does not
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include printing or other customary reimbursable expenses that may be provided in an
agreement.
15. Non -Waiver. Waiver by the County of any provision of this Agreement or any time
limitation provided for in this Agreement shall not constitute a waiver of any other
provision.
16. Termination.
a. The County reserves the right to terminate this Agreement at any time by giving
ten (10) days written notice to the Consultant.
b. In the event of the death of a member, partner, or officer of the Consultant, or any
of its supervisory personnel assigned to the project, the surviving members of the
Consultant hereby agree to complete the work under the terms of this Agreement,
if requested to do so by the County. This section shall not be a bar to
renegotiations of this Agreement between surviving members of the Consultant
and the County, if the County so chooses.
17. Notices. All notices or other communications which any party desires or is required to
give shall be given in writing and shall be deemed to have been given if hand -delivered,
sent by facsimile, email, or mailed by depositing in the United States mail, prepaid to the
party at the address listed below or such other address as a party may designate in writing
from time to time. Notices to the County shall be sent to the following address:
Jefferson County Public Works
623 Sheridan Street
Port Townsend, WA 98368
Notices to Consultant shall be sent to the following address:
Lahren Associates, Sylvester Lahren,
78-Miller Drive, LMngsfon, MT39047
18. Integrated Agreement. This Agreement together with attachments or addenda, represents
the entire and integrated Agreement between the County and the Consultant and
supersedes all prior negotiations, representations, or agreements written or oral. No
representation or promise not expressly contained in this Agreement has been made. This
Agreement supersedes all prior or simultaneous representations, discussions,
negotiations, and agreements, whether written or oral, by the County within the scope of
this Agreement. The Consultant ratifies and adopts all statements, representations,
warranties, covenants, and agreements contained in its proposal, and the supporting
material submitted by the Consultant, accepts this Agreement and agrees to all of the
terms and conditions of this Agreement.
19. Modification of this Agreement. This Agreement may be amended only by written
instrument signed by both County and Consultant.
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20. Disputes. The Parties agree to use their best efforts to prevent and resolve disputes
before they escalate into claims or legal actions. Any disputed issue not resolved
pursuant to the terms of this Agreement shall be submitted in writing within 10 days to
the Director of Public Works or County Engineer, whose decision in the matter shall be
final, but shall be subject to judicial review. If either party deem it necessary to institute
legal action or proceeding to enforce any right or obligation under this Agreement, each
party in such action shall bear the cost of its own attorney's fees and court costs. Any
legal action shall be initiated in the Superior Court of the State of Washington for
Jefferson County. The parties agree that all questions shall be resolved by application of
Washington law and that the parties have the right of appeal from such decisions of the
Superior Court in accordance with the laws of the State of Washington. The Consultant
hereby consents to the personal jurisdiction of the Superior Court of the State of
Washington for Jefferson County.
22. Section Headings. The headings of the sections of this Agreement are for convenience of
reference only and are not intended to restrict, affect, or be of any weight in the
interpretation or construction of the provisions of the sections or this Agreement.
23. Limits of Any Waiver of Default. No consent by either party to, or waiver of, a breach
by either party, whether express or implied, shall constitute a consent to, waiver of, or
excuse of any other, different, or subsequent breach by either party.
24. No Oral Waiver. No term or provision of this Agreement will be considered waived by
either party, and no breach excused by either party, unless such waiver or consent is in
writing signed on behalf of the party against whom the waiver is asserted. Failure of a
party to declare any breach or default immediately upon the occurrence thereof, or delay
in taking any action in connection with, shall not waive such breach or default.
25. Severabiiity. Provided it does not result in a material change in the terms of this
Agreement, if any provision of this Agreement or the application of this Agreement to
any person or circumstance shall be invalid, illegal, or unenforceable to any extent, the
remainder of this Agreement and the application this Agreement shall not be affected and
shall be enforceable to the fullest extent permitted by law.
26. Binding on Successors, Heirs and Assigns. This Agreement shall be binding upon and
inure to the benefit of the parties' successors in interest, heirs, and assigns.
27. No Assignment. The Consultant shall not sell, assign, or transfer any of rights obtained
by this Agreement without the express written consent of the County.
28. No Thi1-d-party Beneficiaries; The parties do not intend, and nothing in this Agreement
shall be construed to mean, that any provision in this Agreement is for the benefit of any
person or entity who is not a party.
29, Signature in Counterparts_ The parties agree that separate copies of this Agreement may
be signed by each of the parties and this Agreement shall have the same force and effect
as if all the parties had signed the original.
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30. Facsimile and Electronic Signatures. The parties agree that facsimile and electronic
signatures shall have the same force and effect as original signatures.
31. Arms -Len rtg h Negotiations. The parties agree that this Agreement has been negotiated at
arms -length, with the assistance and advice of competent, independent legal counsel.
32. Public Records Act. Notwithstanding the provisions of this Agreement to the contrary, to
the extent any record, including any electronic, audio, paper or other media, is required to
be kept or indexed as a public record in accordance with the Washington Public Records
Act, Chapter 42.56 RCW, as may hereafter be amended, the Consultant agrees to
maintain all records constituting public records and to produce or assist the County in
producing such records, within the time frames and parameters set forth in state law. The
Consultant further agrees that upon receipt of any written public record request,
Consultant shall, within two business days, notify the County by providing a copy of the
request per the notice provisions of this Agreement.
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DATED this day of
Lahren Associates, Sylvester Lahren PhD
Name of Consultant
Sylvester L. Lahren, Jr. Ph.D.
Consultant Representative (Please print)
4�11'
PA AD-
'0q-
(Signature)
Owner
Title
11-Z5- ZozZ
Date
20
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
Kate Dean, District 1
Heidi Eisenhour, District 2
Greg Brotherton, District 3
Approved as to form only:
PRE -APPROVED CONTRACT FORM
Philip C. Hunsucker Date
Chi i puty Prosecuting Attorney
Z t
e cinders, P.E. Date
Public Works Director/County Engineer
Professional Services Agreement, Contract A, Version 3, Risk Legal Review 6/17/2020 Page 10 of 10
Exhibit "A"
Scope of Work
Olympic Discovery Trail — Larry Scott Trail to Anderson Lake State Park
(ODT- Anderson Lake Connection):
Cultural Resources Assessment & Report
OBJECTIVE
The objective of this Agreement is to provide professional Cultural Resources services necessary to fulfill the
requirements of 36 Code of Federal Regulations Part 800, Section 106, Protection of Historic Properties, to
construct the trail project approximately 3 miles in length located from the south end of the Larry Scott Trail at
Milo Curry Road running east and south to Anderson Lake State Park in Jefferson County.
bill IT—, I Is] .1
Tasks to complete Cultural Resources services are anticipated to require six to eighteen months, depending on
findings. All work shall be completed on or before December 31, 2025.
SERVICES
The Consultant shall perform all services and furnish all materials necessary to accomplish the following work
items:
TASK 1— PROJECT MANAGEMENT
TASK 2 — PREFIELD ARCHAEOLOGICAL RECORDS SEARCH
TASK 3 — DRAFT APPROPRIATE SECTIONS OF THE PROPOSAL/REPORT, FIGURES
TASK 4 — SUBMIT PROPOSAL FOR TRIBAL REVIEW AND COMMENT AND OTHER GOVERNMANT AGENCIES
TASK 5 — PREFIELD PROJECT MEETING/PROJECT SITE VISIT
TASK 6 — FIELD WORK: PEDESTRIAN SURVEY, SUBSURFACE TESTING, FIELD NOTES (See Exhibit B: Assumptions &
Attachment 1)
TASK 7 — ANALYSIS AND SUMMARY OF FIELD NOTES, FINDINGS" ("assumes no archaeological findings)
TASK 8 — DRAFT REPORT AND DISTRIBUTE FOR STAFF REVIEW
TASK 9 — FINAL REPORT AND DISTRIBUTION
TASK 10 — GEOGRAPHIC INFROMATION SYSTEM (GIS) WORK WILL BE PROVIDED BY THE COUNTY
See attached for additional description of project:
■ Area of Potential Effect (APE) for Recreation & Conservation Office (RCO) project #20-1745
ODT- Anderson Lake Connection
Exhibit "A" Scope of Work November 15, 2022 Page 1 of 1
Legend:
Area of Pot entlal Effect RCO Project 20-1745, Jefferson County Public Works, Olympic Discovery Trail, Anderson Lake Connection Page 1 of 3
5E1/4 NE1/4 532 T30N R1W; SWl/4 NWl/4 S33 T30N R1W; SW1/4 S33 T30N R1W; W1/2 W1/2 54 T29N RSW; W1/2 NW1/459 T29N R1W
Legend:
Area of Patent Ial Effect RCO Project 20-1745, Jefferson County Public Works, Olympic Discovery Trail, Anderson Lake Connection Page 2 of 3
SE1/4 NE1/4 S32 T30N R1W; SW1/4 NW1/4 S33 T30N R1W; SWl/4 S33 T30N R1W; W1/2 WI/2 S4 T29N R1W; WI/2 NW1/4 S9 T29N R1W
Legend:
Area of Potentlal Effect RCO Project 20-1745, Jefferson County Public Works, Olympic Discovery Trail, Anderson Lake Connection Page 3 of 3
SE1/4 NEl/4 S32 T30N R1W; SW1/4 NW1/4 S33 T30N R1W; SWl/4 533 T30N R1W; WI/2 W1/2 S4 T29N R1W; WI/2 NW1/4 59 T29N R1W
Exhibit "B" Estimated Project Costs
Project: MN sufflMnuiam, .!Date
sylvester L. L +hron, Jr.
Principal lrvrs Il[Iatn-
78.'.1i1'F L'rkra. LI',In,istcn. M7
360-301.5017 Call
slahenallotmaiIsom
Task
Rate
1. Project Management
Principal Investigator (PI)
90.00
PREFIELD TASKS
2: Prefield Archeaological Records Search
PI: 12 hrs.
90.00
3: Draft Appropriate Sections of the Proposal/Report, Figures
PI: 18 hrs.
90.00
4. Submit Proposal for Tribal Review & Comment other Agencies
PI: 2 hrs.
90.00
5. Prefield Project Meeting/Project Site Visit
PI: 4 hrs.
90.00
Tribal visit: 8 hrs.
90.00
6. Field Work: Ped Survey, Testing, Field Notes
PI: 50" See Exhibit B & Attachment 1
90.00
7. Analysis & Summary of Field Notes, Findings
PI: 4 hrs.
90.00
8. Draft Report & Distribute for Staff Review
PI:8 hrs.
90.00
9.Final Report and Distribution
PI: 4 hrs.
90.00
Total Estimated Cost
10/25/2022
Units Total
4.00 $360.00
12.00
$1,080.00
18.00
$1,620.00
2.00
$180.00
4.00
$360.00
8.00
$720.00
50.00
$4,500.00
4.00
$360 00
8.00
$720.00
4.00
$360.00
$10,260.00
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