HomeMy WebLinkAboutLandau Associates AG-C-321A \ -=k,
AGREEMENT FOR PROFESSIONAL SERVICES
AG-C-321
THIS AGREEMENT made and entered into by and between the CITY OF
AUBURN, a Municipal Corporation in King County, Washington, hereinafter referred to
as "CITY" and Landau Associates, whose address is 950 Pacific Avenue, Suite 515,
Tacoma, WA 98402, hereinafter referred to as "CONSULTANT."
In consideration of the covenants and conditions of this Agreement, the parties
hereby agree as follows:
1. SCOPE OF WORK.
See Exhibit A, which is attached hereto and by this reference made a part of this
Agreement.
2. TERM.
The CONSULTANT shall not begin any work under this Agreement until
authorized in writing by the CITY. All work under this Agreement shall be completed by
July 31, 2008.
The established completion time shall not be extended because of any delays
attributable to the CONSULTANT, but may be extended by the CITY in the event of a
delay attributable to the CITY, or because of unavoidable delays caused by an act of
GOD or governmental actions or other conditions beyond the control of the
CONSULTANT. A prior supplemental Agreement issued by the CITY is required to
extend the established completion time.
3. COMPENSATION.
Compensation will be on a time and material basis, not to exceed $21,724.
Costs will be based on Exhibit B, which is attached hereto and by this reference made a
part of this Agreement.
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The CONSULTANT shall be paid by the CITY for direct non-salary cost, per
attached Exhibit C, at the actual cost to the CONSULTANT plus 10%. Exhibit C is
attached hereto and by this reference made a part of this Agreement. These charges
may include, but are not limited to the following items: reproduction fees,
communication fees, and mileage. The billing for non-salary cost, directly identifiable
with the project, shall be submitted as an itemized listing of charges supported by
copies of the original bills, invoices, expense accounts and miscellaneous supporting
data retained by the CONSULTANT. Copies of the original supporting documents shall
be supplied to the CITY upon request. All above charges must be necessary for the
services provided under the Agreement.
In the event services are required beyond those specified in the Scope of Work,
and not included in the compensation listed in this Agreement, a contract modification
shall be negotiated and approved by the CITY prior to any effort being expended on
such services.
4. RESPONSIBILITY OF CONSULTANT.
The CONSULTANT shall be responsible for the professional quality, technical
accuracy, timely completion and the coordination of all studies, analysis, designs,
drawings, specifications, reports and other services performed by the CONSULTANT
under this Agreement. The CONSULTANT shall, without additional compensation,
correct or revise any errors, omissions or other deficiencies in its plans, designs,
drawings, specifications, reports and other services required. The CONSULTANT shall
perform its services to conform to generally-accepted professional environmental
engineering standards and the requirements of the CITY as performed by like
professionals in the Pacific Northwest.
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Any approval by the CITY under this Agreement shall not in any way relieve the
CONSULTANT of responsibility for the technical accuracy and adequacy of its services.
Except as otherwise provided herein, neither the CITY'S review, approval or
acceptance of, nor payment for, any of the services shall be construed to operate as a
waiver of any rights under this Agreement or of any cause of action arising out of the
performance of this Agreement to the full extent of the law.
5. INDEMNIFICATION/HOLD HARMLESS.
The CONSULTANT shall defend, indemnify and hold the CITY, its officers,
officials, volunteers, and employees harmless from and shall process and defend at its
own expense any and all claims, injuries, damages, losses, or suits, including attorney
fees or equity arising in whole or in part from the acts, errors or omissions of the
CONSULTANT in performance of this Agreement, or the CONSULTANT'S negligence
or breach of any of its obligations under this Agreement; provided that nothing herein
shall require the CONSULTANT to indemnify the CITY against and hold harmless the
CITY from claims, demands or suits based solely upon the sole negligence of the CITY,
its officers, officials, volunteers, and employees, and provided further that if the claims
or suits are caused by or result from the concurrent negligence of (a) the
CONSULTANT'S agents or employees and (b) the CITY, its officers, officials,
volunteers, or employees, this indemnity provision with respect to (1) claims or suits
based upon such negligence, (2) the costs to the CITY of defending such claims and
suits, etc., shall be valid and enforceable only to the extent of the CONSULTANT'S
negligence or the negligence of the CONSULTANT'S agents or employees. The
provisions of this section shall survive the expiration or termination of this Agreement.
6. INDEPENDENT CONTRACTOR/ASSIGNMENT.
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The parties agree and understand that the CONSULTANT is an independent
contractor and not the agent or employee of the CITY and that no liability shall attach to
the CITY by reason of entering into this Agreement except as otherwise provided
herein. The parties agree that this Agreement may not be assigned in whole or in part
without the written consent of the CITY.
7. INSURANCE.
CONSULTANT shall procure and maintain for the duration of this 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
CONSULTANT, its agents, representatives, or employees.
CONSULTANT shall obtain insurance of the types and in the amounts described
below:
1. Automobile Liability insurance covering all owned, non-owned, hired and
leased vehicles, with a minimum combined single limit for bodily injury and
property damage of $1,000,000 per accident. 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, and personal injury and advertising injury, with limits
no less than $1,000,000 each occurrence, $2,000,000 general aggregate.
The CITY, its officers, employees and agents shall be named as an insured
under the CONSULTANT'S Commercial General Liability insurance policy
with respect to the work performed for the CITY.
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3. Worker's Compensation coverage as required by the Industrial Insurance
laws of the State of Washington.
4. Professional Liability insurance appropriate to the CONSULTANT'S
profession, with limits no less than $1,000,000 per claim and $1,000,000
policy aggregate limit.
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability, Professional Liability, and Commercial General
Liability insurance:
The general liability coverage shall also provide that the CITY, its officers,
employees and agents are to be covered as additional insured as respects: Liability
arising out of the services or responsibilities performed by or under obligation of the
CONSULTANT under the terms of this Agreement, by the CONSULTANT, its
employees, agents and subcontractors.
The CONSULTANT'S insurance coverage shall be primary insurance as
respects the CITY, its officials, employees and agents. Any insurance, self insurance
or insurance pool coverage maintained by the CITY, its officials, employees or agents
shall be excess of the CONSULTANT'S insurance and shall not contribute with it.
Each insurance policy required by this section of the Agreement shall be
endorsed to state that coverage shall not be suspended, voided, or cancelled by either
party except after thirty (30) days prior written notice has been given to the CITY by
certified mail, return receipt requested. All insurance shall be obtained from an
insurance company authorized to do business in the State of Washington. Insurance is
to be placed with insurers with a current A.M. Best rating of not less than A: VII.
The CONSULTANT shall furnish the City with original certificates of insurance
and a copy of the amendatory endorsements, including but not necessarily limited to
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the additional insured endorsement, evidencing the insurance coverage required by this
section within 14 days of the execution of this Agreement. The CITY reserves the right
to require that complete, certified copies of all required insurance policies be submitted
to the CITY at any time. The CITY will pay no progress payments under Section 3 until
the CONSULTANT has fully complied with this section.
8. NONDISCRIMINATION.
The CONSULTANT may not discriminate regarding any services or activities to
which this Agreement may apply directly or through contractual, hiring, or other
arrangements on the grounds of race, color, creed, religion, national origin, sex, age, or
where there is the presence of any sensory, mental or physical handicap.
9. OWNERSHIP OF RECORDS AND DOCUMENTS.
The CONSULTANT agrees that any and all drawings, computer discs,
documents, records, books, specifications, reports, estimates, summaries and such
other information and materials as the CONSULTANT may have accumulated,
prepared or obtained as part of providing services under the terms of this Agreement by
the CONSULTANT, shall belong to and shall remain the property of the CITY OF
AUBURN. In addition, the CONSULTANT agrees to maintain all books and records
relating to its operation and concerning this Agreement for a period of six (6) years
following the date that this Agreement is expired or otherwise terminated. The
CONSULTANT further agrees that the CITY may inspect any and all documents held by
the CONSULTANT and relating to this Agreement upon good cause at any reasonable
time within the six (6) year period. The CONSULTANT also agrees to provide to the
CITY, at the CITY'S request, the originals of all drawings, documents, and items
specified in this Section and information compiled in providing services to the CITY
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under the terms of this Agreement. If the CITY uses these materials beyond the scope
of this project, it will do so without additional liability to the CONSULTANT.
10. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND
OTHER RESPONSIBILITY MATTERS-PRIMARY COVERED TRANSACTIONS.
The prospective primary participant certifies to the best of its knowledge and
belief, that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any federal
department or agency;
(b) Have not within a three-year period preceding this proposal been convicted of
or had a civil judgment rendered against them for commission or fraud or a
criminal offense in connection with obtaining, attempting to obtain, or
performing a public (federal, state, or local) transaction or contract under a
public transaction; violation of federal or state antitrust statues or commission
of embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (federal, state, or local) with commission of any of the
offenses enumerated in paragraph "(b)" of this certification; and
(d) Have not within a three-year period preceding this application/proposal had
one or more public transactions (federal, state, or local) terminated for cause
or default.
Where the prospective primary participant is unable to certify to any of the
statements in this certification, such prospective participant shall attach an explanation
to this proposal.
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11. TERMINATION OF AGREEMENT.
This Agreement may be terminated by either party upon twenty (20) days written
notice to the other party, and based upon any cause. In the event of termination due to
the fault of other(s) than the CONSULTANT, the CONSULTANT shall be paid by the
CITY for services performed to the date of termination.
Upon receipt of a termination notice under the above paragraph, the
CONSULTANT shall (1) promptly discontinue all services affected as directed by the
written notice, and (2) deliver to the CITY all data, drawings, specifications, reports,
estimates, summaries, and such other information and materials as the CONSULTANT
may have accumulated, prepared or obtained in performing this Agreement, whether
completed or in process.
12. GENERAL PROVISIONS.
12.1. This Agreement shall be governed by the laws, regulations and ordinances
of the City of Auburn, the State of Washington, King County, and where applicable,
Federal laws.
12.2. All claims, disputes and other matters in question arising out of, or relating
to, this Agreement or the breach hereof, except with respect to claims which have been
waived, will be decided by a court of competent jurisdiction in King County, Washington.
Pending final decision of a dispute hereunder, the CONSULTANT and the CITY shall
proceed diligently with the performance of the services and obligations herein.
12.3. In the event that any dispute or conflict arises between the parties while
this Agreement is in effect, the CONSULTANT agrees that, notwithstanding such
dispute or conflict, the CONSULTANT shall continue to make a good faith effort to
cooperate and continue work toward successful completion of assigned duties and
responsibilities.
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January 28, 2008
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12.4. The CITY and the CONSULTANT respectively bind themselves, their
partners, successors, assigns, and legal representatives to the other party to this
Agreement with respect to all covenants to this Agreement.
12.5. This Agreement represents the entire and integrated Agreement between
the CITY and the CONSULTANT and supersedes all prior negotiations, representations
or agreements either oral or written. This Agreement may be amended only by written
instrument signed by both the CITY and the CONSULTANT.
12.6. Should it become necessary to enforce any term or obligation of this
Agreement, then all costs of enforcement including reasonable attorney's fees and
expenses and court costs shall be paid to the substantially prevailing party.
12.7. The CONSULTANT agrees to comply with all local, state and federal laws
applicable to its performance as of the date of this Agreement.
12.8. If any provision of this Agreement is invalid or unenforceable, the remaining
provisions shall remain in force and effect.
12.9. This Agreement shall be administered by Matthew Boyle on behalf of the
CONSULTANT, and by the Mayor of the CITY, or designee, on behalf of the CITY. Any
written notices required by the terms of this Agreement shall be served on or mailed to
the following addresses:
City of Auburn
Attn: Aaron C. Nix
25 West Main Street
Auburn WA 98001
Phone: 253.288.7432
Fax: 253. 804.3114
Landau Associates
Attn: Jennifer Wynkoop
950 Pacific Avenue, Suite 515
Tacoma, WA 98402
Phone: 206.926.2493
Fax: 206.926.2531
E-mail: anix(i-auburnwa.gov
E-mail: iwynkoop(a)-landauinc.com
12.10. All notices or communications permitted or required to be given under this
Agreement shall be in writing and shall be delivered in person or deposited in the
Agreement for Professional Services - Mohawks Plastics Wetland Mitigation Design
January 28, 2008
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United States mail, postage prepaid. Any such delivery shall be deemed to have been
duly given if mailed by certified mail, return receipt requested, and addressed to the
address for the party set forth in 12.9 or if to such other person designated by a party to
receive such notice. It is provided, however, that mailing such notices or
communications by certified mail, return receipt requested is an option, not a
requirement, unless specifically demanded or otherwise agreed.
Any party may change his, her, or its address by giving notice in writing, stating
his, her, or its new address, to any other party, all pursuant to the procedure set forth in
this section of the Agreement.
12.11. This Agreement may be executed in multiple counterparts, each of which
shall be one and the same Agreement and shall become effective when one or more
counterparts have been signed by each of the parties and delivered to the other party.
> , -?-
Pete B Lewis Mayor
Date ?( a l
ATTEST:
k ?' - L ?y t L /?"
Dan a E. Daskam, City Clerk
APPROVED AS TO FORM:
mel B. Heid`-;-Ity Attorney
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January 28, 2008
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Landau Associates
r
BY:
Title: 6r^. P c-f 5 C (R d)
Federal Tax ID # ??
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January 28, 2008
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EXHIBIT A
Scope of Work
TASK 1 - PERMIT SUPPORT
Work performed under this task will provide JARPA drawings for preparation of permit
documents. It is our understanding that Grette will be completing the JARPA along with any
other required permit or approval applications. In addition, Grette will be completing a Biological
Assessment to comply with the Federal Endangered Species Act. Landau Associates' tasks will
include graphics to support the JARPA submittal, design of the mitigation site, geotechnical
engineering in support of the mitigation site design, and preparation of a mitigation report.
Assumptions:
• It is anticipated that all necessary environmental and building permits will be secured
by Grette.
• Grette has already completed the delineation and surveyed the wetland on the
Goedeke site, no additional delineation or survey work will be required for the mitigation
plan.
• Grette or the City will provide a map of the surveyed wetland boundaries at the
mitigation site in an AutoCAD or ArcGIS compatible format.
• Grette will provide the wetland rating, functional assessment, and determination of
buffer widths per current City of Auburn Municipal Code and Ecology, along with
supporting data sheets, and rating forms.
• The scope for drawings includes only JARPA drawings and any drawings necessary
for the mitigation plan.
• Rights of Entry and Rights of Access, if needed, will be secured by Grette prior to any
needed site visits by Landau Associates staff
TASK 2 - MITIGATION PLAN
Subtask 2.1 - Site Reconnaissance
Landau Associates' biologists will conduct a wetland site reconnaissance to gather any
additional data needed for the mitigation design phase. Test pits will be excavated up to 3 ft
below ground surface in areas that are proposed for wetland mitigation in order to gather data
on soil and groundwater for mitigation design and for the landscape contractor during the
bidding process. Information from the reconnaissance will be compiled in the mitigation report.
In order to proceed with wetland mitigation (creation) planning, it is critical that wetland
boundaries, ratings, and functions (which directly relate to buffer widths and mitigation ratios)
be accurately represented and verified by any agency that will regulate wetland impacts and
mitigation measures. It is our understanding that the Corps and the City have reviewed and
affirmed the wetland delineation, rating, and functional assessment for the Mohawk expansion
site (King County Parcel Number 1321049056) and the Goedeke mitigation site.
Assumptions:
• The Corps has already asserted jurisdiction over the Mohawk expansion site.
• Grette will provide a map of the surveyed wetland boundaries at the Goedeke
mitigation site and the Mohawk expansion site in an AutoCAD or ArcGIS compatible
format.
Exhibit A
Agreement No. AG-C-321
Page 1 of 3
• Grette will provide a wetland rating, functional assessment, and determination of buffer
widths per current City of Auburn Municipal Code and Ecology specifications for the
Goedeke mitigation site and the Mohawk expansion site. Supporting data sheets and
rating forms will also be provided.
Subtask 2.2 - Mitigation Plan Development
The mitigation plan will require detailed construction plans (including grading and excavation
requirements, hydrologic design, and maintenance requirements). It is our understanding that a
topographic survey of the mitigation site has already been completed.
Assumptions:
- Grette or the City will provide all topographical information required for developing the
mitigation plan.
Deliverables:
- An electronic (Adobe PDF) and paper copy of the detailed grading plan.
Subtask 2.3 - Mitigation Report and Planting Plan
Landau Associates will prepare a mitigation report and plan that describes the wetland creation
plan proposed as compensation for wetland impacts from the Mohawk project. The mitigation
report will include a discussion of wetland impacts, proposed mitigation to compensate for
impacts, performance standards, and monitoring and contingency plans. Landau Associates
will complete a draft mitigation plan to present to regulatory agencies prior to completion of a
final report. This task is necessary in order make sure that all agencies support the plan and to
reduce the need for multiple revisions of the agency review drafts prior to acceptance of the
final mitigation plan. The planting plan will include a list of appropriate native plant species to
use for the mitigation, and other planting specifications such as plant sizes, spacing, and
number of plantings. Landau Associates will provide detailed figures showing the location of
plant assemblages throughout the mitigation area that can be supplied to a contractor of the
City's choice for plant installation. We will prepare detailed mitigation specifications for the
contractor to follow in order to ensure proper site preparation, plant quality, and installation. We
will also prepare a punch-list of items to be used as a quality assurance checklist that can be
signed by the landscape contractor, the Landau Associates' wetland biologist, and the City
representative following installation.
Assumptions:
-This task does not include costs for mitigation installation or monitoring. The City and/or
the Corps typically require annual monitoring for five years following mitigation
installation.
-The Goedeke South parcel site has sufficient area for the required wetland creation
(including buffer widths).
A licensed landscape architect will not be required to approve the planting and grading
plans and specifications.
Deliverables:
• An electronic (Adobe PDF) and paper copy of the draft mitigation report and plan.
• An electronic (Adobe PDF) and paper copy of the final mitigation report and plan.
Exhibit A
Agreement No. AG-C-321
Page 2 of 3
TASK 3 - PROJECT MANAGEMENT AND MEETINGS
Due to the complexity of permitting and the short schedule, it will be important to maintain
ongoing coordination with the City and Grette. This task provides time for project management
including project set-up, communication, and invoicing. Additionally, this task includes time for
up to two meetings with the City and the Corps.
Exhibit A
Agreement No. AG-C-321
Page 3 of 3
EXHIBIT B
FEE SCHEDULE
Our services will be provided on a time and expense basis. The estimated fee for the scope of
services described above is $21,724.
If project requirements change or unforeseen conditions are encountered that require services
beyond the scope outlined above, we will bring these to your attention and seek approval for
modification to the scope of services and budget, as appropriate. We will not exceed the total
estimated fee for our services without prior authorization from the City of Auburn. If the above
scope, schedule, and budget are acceptable, please provide us with written authorization.
Exhibit C
Agreement No. AG-C-321
Page 1 of 1
EXHIBIT C
DIRECT NON-SALARY REIMBURSABLE EXPENSES
• Reproduction Fees
• Communication Fees
• Mileage at $0.505/mile or the current approved IRS rate.
It is understood that all reimbursements are at cost and will be marked-up 10%.
Anything not listed here will not be paid.
Exhibit C
Agreement No. AG-C-321
Page 1 of 1
CONSULTANT INVOICES
CONSULTANT invoices should contain the following information:
• On CONSULTANT letterhead.
• A cover letter stating the status of each task. This should include items completed, percent
completed during the billing period and completion along with funding status.
• Internal invoice number and/or sequential numeric number (i.e.: progress payment # 10).
• Invoice date.
• Period of time invoice covers.
• Consultant Agreement # (i.e.: AG-C-115).
• Project number(s) listed (i.e.: PR562).
• CITY'S project manager listed.
• The hour(s) per person broken down by task(s) (attach timesheets, spreadsheet detailing
timesheets, or some other form of proof) along with type of work done (i.e.: design,
Right-of-way, or construction) or task order number.
• Direct salary (base salaries)
• Indirect salary (benefits)
• Direct non-salary (i.e.: mileage, reproduction fees (i.e.: printing, copying), communication
fees (i.e.: telephone), supplies, computer charges, subconsultants), indirect non-salary
(overhead). The CITY does not pay for CONSULTANT meals unless part of a task requires
travel outside of the greater Seattle, Tacoma, and Everett area. These costs are to be
broken down and backup information is to be attached to invoice. Project managers are to
inform CONSULTANTS as to what is required for break down information and if backup
information is to be attached. Break out the same for subconsultant charges.
• Previous and remaining base contract amounts left in each task and total contract - total
authorized amount (bottom line figure). Add amendments to this base contract amount for
total authorized amount.
• Percentage of work completed to date compared to total amount of work (if required by the
project manager).
• Status of Management Reserve Fund (MRF) (i.e.: a certain task) until we can get an
amendment in place.
• Invoices for previous year are due by January 15th
• For grant/special funded projects there might be other special information needed,
reference the LAG manual.
Consultant Invoices
Agreement No. AG-C-321
Page 1 of 2
SAMPLE INVOICE
City of Auburn
25 West Main
Auburn WA 98001
Attn: Scott Nutter (Project Engineer)
Agency Agreement #: AG-C-010
Invoice #: 5222
Progress Payment #: 2
Invoice Date: February 10, 2002
Project Name: Thomas Nelson Farm
Project #: PR562
Engineering Services performed during the period of: January 2002
SAMPLE ENGINEERING, INC.
Personnel Hours Hourly Rate Amount
Mike Jones, Principal in Charge 1 $ 125.00 $ 125.00
Carla Maker, Architect 5 $ 72.00 $ 144.00
Joe Smith, Word Processing 10 $ 48.00 $ 480.00
Consultant Personnel Subtotal $ 749.00
Expenses see attached documentation Charges Multiplier Amount
Mike Jones, Principal in Charge 20 miles x1.1 $ 7.59
Carla Maker, Architect $ 30.00 x1.1 $ 33.00
Joe Smith, Word Processing $ 29.00 x1.1 $ 31.90
Consultant Expenses Subtotal $ 72.49
Consultant Total:
821.49
SUB CONSULTANTS (see attached documentation)
Subconsultant Hours Hourly Rate Amount
ABC Environmental, Inc., Civil Engineer 10 $ 100.00 $ 1,000.00
Electrical Consulting, Electrical Engineer 5 $ 100.00 500.00
Mechanical Solutions, Mechanical Engineer 10 $ 100.00 MRF 1,000.00
Moving Company, Moving Consultant 2 $ 50.00 100.00
Subconsultant Subtotal $ 2,600.00
Subtotal x 1.1 Multiplier $ 2,860.00
Subconsultant Total:
- ---.-.._.._..-..-.._..-..- .-..--.-..----..- ---.-..-..----..-..-..--.-..----- ----------------------------- -
TOTAL DUE THIS INVOICE
t Ar1r w 1/1'1 Alw!\1
$ 2,860,00
$ 3,681.49
V V1.111l1V 1 ...,Amount ...
Total Invoiced
%
%
Amount
Task Authorized Prior Invoiced This Invoice To Date Expended Completed Remaining
Original
Contract
$22,000.00
$ 1,025.00
$ 2,681.49
$ 3,706.49
20%
25%
$ 18,293.51
MRF* 2,500.00 0.00 1,000.00 1,0000.00 40% 450/6 1,500.00
TOTAL $ 24,500.00 $ 1,025.00 $ 3,681.49 $ 4,706.49 $ 19,793.51
Note: MRF=Management Reserve Fund
* Received a written authorization of MRF on 1110101 for Mechanical Engineer task in the amount of
$2,000.00.
Consultant Invoices
Agreement No. AG-C-321
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