HomeMy WebLinkAboutLandau Associates Inc AG-C-258
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AGREEMENT FOR PROFESSIONAL SERVICES
AG-C-258
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, INC., whose address is 130 2nd Avenue South,
Edmonds, WA 98020, 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
12/31/05.
The established completion time shall not be extended because of any delays
attributable to the CONSUL T ANT, 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 requiired to
extend the established completion time.
3. COMPENSATION.
Compensation will be on a time and material basis, not to exceed $18,500.
Costs will be based on Exhibit S, which is attached hereto and by this reference made a
part of this Agreement.
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Agreement for Professional Services AG-C-258
October 24, 2005
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The CONSULTANT shall be paid by the CITY for direct non-salary COlst, 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 idEmtifiable
with the project, shall be submitted as an itemized listing of charges SUPPOrtEld 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 SCOpH 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, tl3chnical
accuracy, timely completion and the coordination of all studies, analysis, designs,
drawings, specifications, reports and other services performed by the CONSUL T ANT
under this Agreement. The CONSULTANT shall, without additional compensation,
correct or revise any errors, omissions or other deficiencies in its plans, desi~,ns,
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.
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Agreement for Professional Services AG-C-258
October 24, 2005
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Any approval by the CITY under this Agreement shall not in any way relieve the
CONSUL TANT 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 op1erate 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 CONSUL T ANT shall defend, indemnify and hold the CITY, its offiicers,
officials, volunteers, and employees harmless from and shall process and deifend at its
own expense any and all claims, injuries, damages, losses, or suits, includin9 attorney
fees or equity arising in whole or in part from the acts, errors or omissions of the
CONSUL T ANT 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 CONSUL T ANT'S agents or employees. The
provisions of this section shall survive the expiration or termination of this Agreement.
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Agreement for Professional Services AG-C-258
October 24, 2005
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6. INDEPENDENT CONTRACTOR/ASSIGNMENT.
The parties agree and understand that the CONSUL T ANT 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.
CONSUL T ANT shall procure and maintain for the duration of this Agn3ement,
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.
CONSUL T ANT shall obtain insurance of the types and in the amounts described
below:
1. Automobile Liability insurance covering all owned, non-owned, himd 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 OCGurrence
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 agwegate.
The CITY, its officers, employees and agents shall be named as an insured
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Agreement for Professional Services AG-C-258
October 24, 2005
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under the CONSUL T ANT'S Commercial General Liability insurance policy
with respect to the work performed for the CITY.
3. Worker's Compensation coverage as required by the Industrial Insurance
laws of the State of Washington.
4. Professional Liability insurance appropriate to the CONSUL T ANT'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 il1surance,
or insurance pool coverage maintained by the CITY, its officials, employees or agents
shall be excess of the CONSUL T ANT'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'lII.
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Agreement for Professional Services AG-C-258
October 24, 2005
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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 within 14 days of the execution of this Agreement. The CITY reservels 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 CONSUL T ANT may not discriminate regarding any services or aGtivities 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 accumulatEld,
prepared or obtained as part of providing services under the terms of this Agreement by
the CONSULTANT (collectively, instruments of service), shall belong to and shall the
remain the property of the CITY OF AUBURN. Any re-use of such instruments of
service for purposes other than as addressed by this Agreement and attachEld Scope
and Services shall be without liability to CONSULTANT. 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
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Agreement for Professional Services AG-C-258
October 24, 2005
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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.
10. CERTIFICATION REGARDING DEBARMENT. SUSPENSION, AND
OTHER RESPONSIBILITY MATTERS-PRIMARY COVERED TRANSACTIONS.
The prospective primary participant certifies to the best of its knowled!~e and
belief, that itand 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 char~led 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.
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Agreement for Professional Services AG-C-258
October 24, 2005
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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.
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 CONSUL T ANT
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, \lVashington.
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
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Agreement for Professional Services AG-C-258
October 24, 2005
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dispute or conflict, the CONSULTANT shall continue to make a good faith effort to
cooperate and continue work toward successful completion of assigned dutil3s and
responsibilities.
12.4. The CITY and the CONSUL T ANT 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 attorneys 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 Diane L. Brewster 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 Landau Associates
Attn: Aaron C. Nix, M.P.A. Attn: Diane L. Brewst'er
25 W Main Street 130 2nd Avenue South
Auburn WA 98001 Edmonds, WA 98020
Phone: 253.288.7432 Phone: 425.329.0309
Fax: 253.804.3114 Fax: 425.778.6409
E-mail: anix@auburnwa.gov dbrewster@landauinc.com
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Agreement for Professional Services AG-C-258
October 24, 2005
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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
United States mail, postage prepaid. Any such delivery shall be deemed to 11ave 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 ~uch notices or
communications by certified mail, return receipt requested is an option, not cl
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 olther party.
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Agreement for Professional Services AG-C-258
October 24,2005
Page 1 0 of 11
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Date ~ vO~
ATTEST:
'elle E. Daskam, City Clerk
APPROVED AS TO FORM:
Dan
-
LANDAU ASSOCIATES, INC:.
BY: \~ 1\ "d. ~1"..,<l~
Titl e: 6.r...-nl..'"" I i.. )d +Q 71 .vu\ ~t're ~~-t
Federal Tax 10 #
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Agreement for Professional Services AG-C-258
October 24, 2005
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EXHIBIT A
SCOPE OF WORK
Task 1 - Technical Advisory Committee Attendance
Diane Brewster will attend up to 10 T AC meetings at the City of Auburn. She will act as
a co-team leader with Aaron Nix in the Technical breakout group that will work on permitting
issues and technical aspects of the park design. She will provide guidance and recommenda-
tions regarding permitting implications for design elements presented by each brealkoutgroup,
and will work with the technical group members to address technical aspects of the design.
Assumptions that have been made regarding the time needed for this task are listed below:
. Each meeting will be a maximum of 2 hours long.
. Travel time will take a maximum of 3 hours round-trip for each meeting.
(Depending on the time of day, the travel time could be half this amount. The
City will be billed only for the actual time spent traveling.)
. Preparation prior to each meeting will require a maximum of 2 hours"
. No written reports or memorandums will need to be completed by Landau
Associates as follow-up to or preparation for the TAC meetings.
Task 2 - Graphic Support
Graphics will be prepared, as requested by the City, to present design elemt:mts for the
park. Graphics will be prepared in GIS format, showing overlays of the design elements on
aerial photography or other base maps provided by the City (Landau Associates already has a
set of Orthophotographs and parcel maps for this area). Graphics will be presented as figures
in a format appropriate for reports. The budget for this task assumes that there will be a
maximum of five graphics. Draft graphics will be prepared and presented to the City for review
and comment; a maximum of 2 hours of revisions for each graphic is assumed for this budget.
Time is included in this budget to coordinate with Landau Associates' graphics staff. However,
we assume that no meetings at the City or site visits will be required to complete this task.
Task 3 - Technical Wetland Guidance and Support
Time is included under this scope to provide guidance to the City regarding permitting
implications for proposed design elements, design options to avoid/minimize the need for
permitting, and the permitting process and requirements for unavoidable wetland impacts. We
understand that the City will prepare the update reports and other documentation as part of
development of park plan options. Time has been included in this task to provide tElchnical
support, when requested, for wetland considerations (technical information and/or permitting
information) as part of that documentation effort. The budget provided for this effort assumes
that no formal, written deliverable will be needed for this task and that all information will be
provided verbally or via email, and that no meetings besides the TAC meetings will be required.
Up to 25 hours have been included for this task, including time for client coordination and
project management.
SCHEDULE
As soon as notice to proceed is given, Landau Associates can begin providing all
services, as requested.
Exhibit A
Agreement No. AG-C-246
Page 1 of 1
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EXHIBIT B
FEE SCHEDULE
Services will be provided on a time-and-expense basis in accordance with the Compensation
Schedule below.
ESTIMATED FEE
Task 1: TAC Meetings $10,600
Task 2: Graphic Support 4,550
Task 3: Technical Wetland Support 3.350
$18,500
Landau Associates shall not exceed the total estimated fee for our services without prior
authorization from the City or its designated project manager.
Personnel Labor Hourly Rate
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Principal $165
Senior Associate 150
Associate 135
Senior 120
Senior Project 110
Project 100
Senior Staff 90
Senior CAD 80
Staff 80
Assistant/Senior Technician/CAD 70
Project Coordinator 65
Technician 60
Support Staff 52
The hourly rate will include direct labor costs, overhead costs, and all indirect costs of Landau
Associates such as office equipment and computer use, etc.
Exhibit B
Agreement No. AG-C-258
Page 1 of 1
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EXHIBIT C
DIRECT NON-SALARY REIMBURSABLE EXPENSES
. Reproduction Fees
. Communication Fees
. Mileage at $0.405/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-258
Page 1 of 1
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CONSULTANT INVOICES
CONSUL T ANT 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 (Le.: progress paymEmt # 10).
. Invoice date.
. Period of time invoice covers.
. Consultant Agreement # (Le.: AG-C-115).
. Project number(s) listed (Le.: 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 (Le.: design,
right-of-way, or construction) or task order number.
. Direct salary (base salaries)
. Indirect salary (benefits)
. Direct non-salary (Le.: mileage, reproduction fees (Le.: printing, copying), communication
fees (Le.: 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 CONSUL T ANTS 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 contralct - 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) (Le.: a certain task) until we can gE~t an
amendment in place.
. Invoices for previous year are due by January 15th.
. For granVspecial funded projects there might be other special information needE~d,
reference the LAG manual.
Consultant Invoices
Agreement No. AG-C-258
Page 1 of 2
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SAMPLE INVOICE
City of Auburn Invoice #: 5222
25 West Main Progress Payment #: 2
Auburn WA 98001 Invoice Date: February 10, 200.2
Attn: Scott Nutter (Project Engineer) Project Name: Thomas Nelson Farm
Agency Agreement #: AG-C-01 0 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 Processino 10 $ 48.00 $ 480.00
Consultant Personnel Subtotal $ 749.00
Expenses (see attached documentation) Charges Multiplier Amount
Mike Jones, Principal in Charge 20 miles xU $ 7.59
Carla Maker, Architect $ 30.00 x1.1 $ 33.00
Joe Smith, Word Processino $ 29.00 x1.1 $ 31.90
Consultant Expenses Subtotal $ 72.49
Consultant Total: ~i 821.49
SUB CONSULTANTS (see attached documentation)
Subconsultant Hours Hourly Rate Amount
ABC Environmental, Inc., Civil Enoineer 10 $ 100.00 $ 1,000.00
Electrical Consultino, Electrical Enoineer 5 $ 100.00 500.00
Mechanical Solutions, Mechanical Enoineer 10 $ 100.00 MRF 1,000.00
Movino Company, Moving Consultant 2 $ 50.00 100.00
Subconsultant Subtotal $ 2,600.00
Subtotal x 1.1 Multiplier $ 2,860.00
Subconsultant Total: $ 2,860,00
..--..-..-..-..-..-..-..-..-..-..-..-..-..-..-..-..-.--..-..-..-..-..-..-----.-..-..-..-..-..-..-..-..----..-..-..-..-----.-.--..-..-..--.-..-..-..-..-..-..-..-..-.--..-...-..-..-..-..-..----..----..-
.!Q!~~_.~Y~..!~.~~.!~YPJ.~.~n_.._n_n_.._n_n_.._n_n_n_n_n_n_n_n_n_.._n____"_______"_______n____'._n____'._n____..___---_.~---~!~_~~.:~~._n_.._.._
CONTRACT BREAKDOWN
Amount Total Invoiced % % Amount
Task Authorized Prior Invoiced This Invoice To Date Expended Completed Remainina
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.
Consultant Invoices
Agreement No. AG-C-258
Page 2 of 2
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