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HomeMy WebLinkAboutITEM VIII-B-2, a, * e~' ~ _ ~ CITY OF ~.,~, ° ~ ° " . * ~ P ~~ ~ ~~~ ~~~~ AGENDA BILL APPROVAL FORM ~ ~~~ WASH[NGTON f~" Agenda Subject: Resolution No. 4245 authorizing the Mayor to execute Date: October 16, 2007 an agreement for professional services with BHC Consultants, Inc. for the purpose of updating the City's development codes including zoning Title 18 , subdivision Title 17 and the En ineerin Desi n Standards. Department: Planning, Building Attachments: Resolution No. 4245, Budget Impact: $90,000 and Communit Contract & Bud et Bud eted Administrative Recommendation: Cit Council adopt Resolution No. 4245. Background Summary: The City of Auburn zoning and subdivision codes are nearing 20 years in age and are in need of a comprehensive review and update. Although the codes have been periodically updated over the years in response to various issues, including the GMA, a complete update has not been done since their initial adoption. Because of the age of the codes, certain concepts are outdated. Incremental amendments made over the years have also made it increasingly difficult for City staff and the public to easily and efficiently utilize the existing development codes. This update is intended to reduce ambiguity within the code and improve upon predictability. Earlier this year, staff from the Public Works and Planning Departments solicited proposals from qualified consultants and interviewed three (3) firms. The recommended consultant, BHC, has many years of experience in writing development codes. BHC has teamed with Roth Hill for coordination on engineering design standards. Roth Hill is currently serving as an on-call plan reviewer for the Public Works Department. Several potential code amendments have already been discussed with the Planning & Community Development Committee. Those code amendments identified as the highest priority are proceeding ahead, independently. Those identified as a lower priority will be addressed as part of this project. The development code update is anticipated to be completed by the end of 2008. This resolution & contract was discussed as information at the Public Works Committee (PWC) on 10/22/07. It was aiso presented to the Planning & Community Development Committee (PCDC) meeting for action on 10/22/07. The PCDC recommended approval of the contract and resolution to the full City Council. L1105-1 A3.13.8 Reviewed by Council & Committees: Reviewed by Departments & Divisions: ^ Arts Commission COUNCIL COMMITTEES: ^ Building ^ M&O ^ Airport ^ Finance ^ Cemetery ^ Mayor ^ Hearing Examiner ^ Municipal Serv. ^ Finance ^ Parks ^ Human Services ~ Planning & CD ^ Fire ~ Planning ^ Park Board ~ Public Works ~ Legal ^ Police ^ Planning Comm. ^ Other ~ Public Works ^ Human Resources Action: Committee Approval: ~Yes ^No Council Approval: ^Yes ^No Call for Public Hearing _/_/_ Referred to Until /_/_ Tabled Until _/_/_ Councilmember: Norman Staff: Baker Meeting Date: November 5, 2007 Item Number: VIII.B.2 ~j~$~~ ~ MOR~, THAN YOU IMAGINED RESOLUTION NO. 4245 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON AUTHORIZING THE MAYOR AND CiTY CLERK TO EXECUTE AN AGREEMENT WITH BHC CONSULTING INC TO ASSIST THE CITY IN UPDATING THE CITY'S DEVELOPMENT CODES WHEREAS, the City of Auburn zoning, subdivision and other related codes are in need of a comprehensive review; and WHEREAS, incremental amendments made over the years have made it increasingly difficult for City staff and the public to easily and efficiently utilize the existing development codes; and WHEREAS, an update of the City's development regulations will further City's objective to improve the permit process. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. The Mayor and the City Clerk of the City of Auburn are hereby authorized to execute an Agreement for Professional Services with BHC Consulting, Inc. for the purpose of updating the City's development codes. A copy of said Agreement is attached hereto, designated as Exhibit "A" and incorporated by reference in this Resolution. Section 2. The Mayor is hereby authorized to implement administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. This Resolution shall take effect and be in full force upon passage and signatures hereon. Resolution No. 4245 October 26, 2007 Page 1 of 2 DATED and SIGNED this day of November 2007. Peter B. Lewis, Mayor ATTEST: Danielle E. Daskam, City Clerk Resolution No. 4245 October 26, 2007 Page 2 of 2 AGREEMENT FOR PROFESSIONAL SERVICES AG-C-315 THIS AGREEMENT made and entered into by and befinreen the CITY OF AUBURN, a Municipal Corporation in King County, Washington, hereinafter referred to as "CITY" and BHC CONSULTANTS, whose address is 720 Third Avenue, Suite 1200, Seattle, WA 98104, 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 December 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. Agreement for Professional Services AG-C-315 October 22, 2007 Page 1 of 17 Compensation will be on a time and material basis, not to exceed $90,000. Costs will be based on Exhibit B, which is attached hereto and by this reference made a part of this 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. SUBCONTRACTING The CITY permits subcontracts for those items of work necessary for the completion of the project. The CONSULTANT shall not subcontract for the performance of any work under this AGREEMENT without prior written permission of the CITY. No permission for subcontracting shall create, between the CITY and subcontractor, any contractor or any other relationship. Compensation for any subconsultant work is included in Section 3 of this AGREEMENT and all reimbursable direct labor, overhead, direct non-salary costs and fixed fee costs for the subconsultant shall be substantiated in the same manner as outlined in Section 3. All subcontracts exceeding $10,000 in cost shall contain all applicable provisions of this AGREEMENT. 5. 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 --------------------------------------------------------------- Agreement for Professional Services AG-C-315 October 22, 2007 Page 2 of 17 perForm its services to conform to generally-accepted professional planning standards and the requirements of the CITY. 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. 6. INDEMNIFICATION/HOLD HARMLESS. The CONSULTANT shall defend, indemnify and hold the CITY, its officers, officials, volunteers, and employees 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. 7. INDEPENDENT CONTRACTOR/ASSIGNMENT. 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. 8. 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. --------------------------------------------------------------- Agreement for Professional Services AG-C-315 October 22, 2007 Page 3 of 17 CONSULTANT'S maintenance of insurance as required by the Agreement shall not be construed to limit the liability of the CONSULTANT to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. CONSULTANT shall obtain insurance of the types and in the amounts described below: a. 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. b. 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, shall be named as an insured under the CONSULTANT'S Commercial General Liability insurance policy with respect to the work performed for the CITY using the applicable ISO Additional Insured endorsement or equivalent. c. Worker's Compensation coverage as required by the Industrial Insurance laws of the State of Washington. d. 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. --------------------------------------------------------------- Agreement for Professional Services AG-C-315 October 22, 2007 Page 4 of 17 The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability, and Commercial General Liability insurance: a. The CONSULTANT'S insurance coverage shall be primary insurance as respects the CITY. 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. b. The CONSULTANT'S insurance shall be endorsed to state that coverage shall not be 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 the additional insured endorsement, evidencing the insurance coverage required by this section, before commencement of the work. 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. 9. 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. Agreement for Professional Services AG-C-315 October 22, 2007 Page 5 of 17 10. 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 under the terms of this Agreement. 11. 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 Agreement for Professional Services AG-C-315 October 22, 2007 Page 6 of 17 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. 12. 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. --------------------------------------------------------------- Agreement for Professional Services AG-C-315 October 22, 2007 Page 7 of 17 13. GENERAL PROVISIONS. 13.1. 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. 13.2. 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. 13.3. In the event that any dispute or conflict arises between the parties while this Agreement is in effect, the CONSULTANT agrees that, nofinrithstanding 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. 13.4. 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. 13.5. 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. 13.6. 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. 13.7. The CONSULTANT agrees to comply with all local, state and federal laws applicable to its perFormance as of the date of this Agreement. Agreement for Professional Services AG-C-315 October 22, 2007 Page 8 of 17 13.8. If any provision of this Agreement is invalid or unenforceable, the remaining provisions shall remain in force and effect. 13.9. This Agreement shall be administered by Roger Wagoner 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 Chris Hankins, Senior Planner 25 W Main Street Auburn WA 98001 Phone: (253) 804-5031 Fax: (253) 804-3114 chankins auburnwa.qov BHC Consultants Roger Wagoner, President 720 Third Avenue, Suite 1200 Seattle, WA 98104 Phone: (206) 505-3500 Fax: (206) 505-3506 rogerwagoner(c~bhcconsultants.com 13.10. 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 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 13.9 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. Agreement for Professional Services AG-C-315 October 22, 2007 Page 9 of 17 13.11. 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. CITY OF AUBURN Peter B. Lewis, Mayor Date ATTEST: Danielle E. Daskam, City Clerk APPF~JVED AS TO FORM: rney BHC Consultants, Inc. BY: Title: Federal Tax ID # Agreement for Professional Services AG-C-315 October 22, 2007 Page 10 of 17 EXHIBIT A AUBURN DEVELOPMENT REGULATIONS REVIEW/UPDATE SCOPE OF WORK & BUDGET BHC CONSULTANTS, INC. Objective: To review current development regulations inciuding, but not limited to, Zoning Code, Subdivision Code and Engineering Design Standards; identify areas in need of update and recommend specific new regulatory language. Scope of Work Phase One Task 1: Audit/Needs Assessment • Review existing documents including, but not limited to, comprehensive plan, zoning, subdivision, critical areas regulations (for internal inconsistencies only), and the Public Works design standards manual. • Prepare °content comparison" matrix that will identify what regulatory subjects are addressed in each of the reviewed codes. Note conflicts and recommend changes. • Interview city staff and others to identify/prioritize problem areas. Interviewees to include permit intake, code review, code enforcement, legal, hearing examiner and others, as appropriate. • Review °code interpretation" memoranda issued by City planning and legal departments. • Identify nature of problem: inconsistency, lack of clarity, difficult enforcement, unnecessary, out-of-date etc. • Conduct focus groups with identified stakeholders: architects/engineers; development community; community representatives (at the discretion of Planning & Public Works Staff). This will consist of a few focused meetings with a limited number of representatives. • Prepare focus group findings. Determine if focus group follow-up is warranted. • Present findings to staff steering committee, which will include representatives from planning, building, public works, code enforcement, the mayor, or other staff as determined appropriate. ~ • Review list of items identified by staff for code amendments. • Staff to identify which documents have recently been updated to assist in prioritizing work efforts. Agreement for Professional Services AG-C-315 October 22, 2007 Page 11 of 17 Products - Interim products leading to a discussion paper summarizing the recommended organization, format, and substantive changes that have been discovered. Interim products will include the matrix used to evaluate the code, memos documenting discussions with stakeholders, and analyses of other recommendations from docketed items and internal memos or papers. Task Budget: $24,000 Task 2: Research • Review and evaluate code approaches used in other peer jurisdictions, including, but not limited to: innovative planned development, binding site plan, non-conformity, concurrency, "form-based" zoning provisions and design review procedures. • Prepare ~~jurisdiction comparison" matrix that compares Auburn's approach to that of other similar communities. • Conduct workshop with staff steering committee. • Identify innovative approaches to potentially integrate into the Auburn codes. Product - Discussion paper documenting the review findings and conclusions of the research, linking the findings to the recommendations of the Task 1 assessment. Task Budget: $13,000 Task 3. Consistency Report • Based on the outcomes of Tasks 1 and 2, prepare a draft consistency report indicating recommended changes to Titles 14, 17, and 18, ACC as well as to the Public Works design standards. • Evaluate current code for consistency with the Growth Management Act and other regulatory authorities regarding changes in state law. • Present draft report to staff steering committee in a working session. Product - Working draft consistency report. Task Budget: $12,000 Phase Two Task 4: Public Review Drafts • Based on outcome of Phase One, prepare preliminary code and design/construction standard amendments. • Present recommendations to staff steering committee for input and revision. Agreement for Professional Services AG-C-315 October 22, 2007 Page 12 of 17 • Present revised recommendations to Planning Commission and Council Committees in briefings and/or workshops. • Assist in the preparation of SEPA checklist to support proposed code changes. • Assist in preparing materials for City of Auburn website. • Conduct a minimum of two public open houses/workshops to present and discuss proposed amendments. • Assist in preparing submittals to State agencies and in preparing responses to State agency comments. Products - Public review drafts (including 60-day state review), SEPA checklist, summary of public and agency comments and associated responses, exhibits for public meetings, rnaterials for website. Task Budget: $21,000 Task 5: Adoption • Prepare adoption package and present to Public Works and Planning & Community Development Council Committees. • Incorporate Committee revisions/comments and present to Planning Commission at a regularly scheduled meeting or study session as determined appropriate. • Attend Planning Commission Public Hearing to present for consideration and recommendation for adoption to City Council. • Incorporate Planning Commission/public hearing revisions as necessary in the adoption package, prepare a revised adoption package, and present to Public Works and Planning & Community Development Council Committees. • Bring back in Ordinance form any additional changes to Council Committees as informational agenda item. Staff will assist with preparation of an Ordinance for final approval. • Take Ordinance to full Council as recommended by Planning Community Development Committee for final adoption by the full City Council. Products - Adoption package for review and consideration by City Council Committees and Planning Commission, Preparation of revised package including Commission recommendation and draft adoption ordinance for full City Council consideration, presentation materials for public hearings, and the final adopted version. Task Budget: $15,000 Total Project Labor: $85,000 Project Expenses: $ 5,000 Agreement for Professional Services AG-C-315 October 22, 2007 Page 13 of 17 Total Budget: $90,000 Agreement for Professional Services AG-C-315 October 22, 2007 Page 14 of 17 PRO]ECTED TIMELINE & BUDGET Task Budget Duration Timeline Task 1: Audit/Needs $24,000 90 days Month one through Assessment month three Task 2: $13,000 45 days Month one through Research month three Task 3: $12,000 45 days Month one through Consistency Report month three Task 4: 000 ~21 90 days Month four through Public Review Drafts , month six Task 5: $15,000 150 days* Month seven through Adoption month eleven Ex enses p $5000 330 days Month one through month eleven *Dependent upon procedural/processing decisions by City. Agreement for Professional Services AG-C-315 October 22, 2007 Page 15 of 17 EXHIBIT B CONSULTANT INVOICES 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 proofl 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, ~omputer 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 granUspecial funded projects there might be other special information needed, reference the LAG manual. Agreement'for Professional Services AG-C-315 October 22, 2007 Page 16 of 17 SAMPLE INVOICE City of Auburn Invoice #: 5222 25 West Main Progress Payment #: 2 Auburn WA 98001 Invoice Date: February 10, 2002 Attn: Scott Nutter (Project Engineer) Project Name: Thomas Nelson Farm Agency Agreement #: AG-C-010 Project #: PR562 Engineering Services performed during the period of: January 2002 SAMPLE ENGINEERING, INC. Personnel Hours Hourl Rate Amount Mike Jones, Princi al in Char e 1 $ 125.00 $ 125.00 Carla Maker, Architect 5 $ 72:00 $ 144.00 Joe Smith, Word Processin 10 $ 48.00 $ 480.00 Consultant Personnel Subtotal $ 749.00 Ex enses see attached documentation Char es Multi lier Amount Mike Jones, Princi al in Char e 20 miles x1.1 $ 7.59 Carla Maker, Architect $ 30.00 x1.1 $ 33.00 Joe Smi#h, Word Processin $ 29.00 x1.1 $ 31.90 Consultant Ex enses Subtotal $ 72.49 Consultant Total: SUB CONSULTANTS (see attached documentation) $ 821.49 Subconsultant Hours Hourl Rate Amount ABC Environmental, Inc., Civil En ineer 10 $ 100.00 $ 1,000.00 Electrical Consultin , Electrical En ineer 5 $ 100.00 500.00 Mechanical Solutions, Mechanical En ineer 10 $ 100.00 MRF 1,000.00 Movin Com an , Movin Consultant 2 $ 50.00 100.00 Subconsultant Subtotal $ 2,600.00 Subtotal x 1.1 Multi lier $ 2,860.00 Subconsultant Total: TOTAL DUE THIS INVOICE $ 2,860,00 $ 3,681.49 CONTRACT BREAKDOWN Task Amount Authorized Prior Invoiced This Invoice Totallnvoiced To Date % Ex ended % Com leted Amount Remainin 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% 45% 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 1/10/01 for Mechanical Engineer task in the amount of $2,000.00. Agreement for Professional Services AG-C-315 October 22, 2007 Page 17 of 17