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HomeMy WebLinkAbout09-03-2013 PUBLIC WORKS COMMITTEE AGENDA MODIFICATION .. . - . .. .. . '.. * Interoffice Memorandum -crnoF _*_�—_ * Engineering Division ' WASHING'CON To: Public Works Committee From: Dennis Dowdy, Public Works Director CC: Mayor City Clerk Councilmembers Dennis Selle, City'EngineeNAssistant Director Ingrid Gaub, Assistant City Engineer Stielley Coleman, Finance Director Jennffer Cusmir, Secretary Date: August 29, 2013 Re: Agenda Modification for the September,3, 2013 Public Works Committee Meeting This modification transmit the following item: IV. RESOLUTIONS D. Resolution No. 4987* (Colemanl A Resolution of the City Council of the City of Auburn, Washington, Authorizing the Mayor and City Clerk to Execute an Agreement Between the City of Aubum and Cent_ury West Engineering Corp., for Giyil`Engineering Services at the Aubum Municipal Airport Attachments Page 1 of 1 ♦�,,, - 11VDURN * MORE THAN YOU IMAGINED ,;< . _ , ;:, ;; ,. ` . ',; . RESOLUTION NO. 4987 A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF AUBURN AND CENTURY WEST ENGINEERING CORP., FOR CIVIL ENGINEERING SERVICES AT THE AUBURN MUNICIPAL AIRPORT WHEREAS, The City is in need of on-call civil engineering services at Uie Aubum Municipal Airport;and WHEREAS, as provided for in Chapter 39.80 of: the Revised- Code of Washington, the City conducted a quality based selection, advertising; and negotiation process, and recommends that the City enter into a contract with Century West Engineering Corp; and WHEREAS, it is in the public interest for the parties to enter into an agreement for Civil Engineering Services. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. That the Mayor and City Clerk are hereby.authorized#o execute an Agreement between the City and Century West Engineering Services for civil engineering services at the Auburn Municipaf Airport, which agreement shall be in substantial conformity with the agreement attached hereto as Exhibit A and incorporated herein by this reference. Section 2. That the Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legisiation. Section 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Resolution No.4987 8.28.13 Page 1 of 2 Dated and Signed this day of , 2013. CITY OF AUBURN PETER B. LEWIS, MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: , Daniel B. Heid, City Attomey . Resolution No.4987 8.28:13 Page 2 of 2 EXHIBIT A AGREEMENT FOR CIVIL ENGINEERING SERVICES AUBURN MUNICIPAL AIRPORT THIS AGREEMENT made and entered into by and between the CITY OF AUBURN, a Municipal Carporation in King County, Washington, hereinafter referred to as "CITY" and CENTURY WEST ENGINEERING CORP., an Oregon Corporation, whose address is 1020 SW Emkay Drive, #100, Bend, OR, 97702, hereinafter referred to as "CONSULTANT." In consideration of the covenants and conditions ofi4his Agreement, the parties hereby agree as follows: 1. SCOPE OF WORK. The CONSULTANT, on a project basis, will be given individual task assignments (see Exhibit A, Sample Task Assignment) for work related to airport engineering and consulting, general civil engineering, environmental, and construction managemerrt/inspection services related to the Aubum Municipal Airport. These task assignments will describe the work to 6e completed, completion dates, and compensation amount. An approved 3ask assignment shall be required between the CONSULTANT and the City prior to commencing any work for any individual task. 2 TERM. The CONSULTANT shall not begin any work under this Agreement until authorized in writing by the CITY. All work under thisAgreement shall be completed by five years after the date of execution of this agreement, and can be amended by both parties for succeeding years: Agreement for Ciyil Engineering Services 8.26.13 Page 1 of 11 The established completion time shall not be extended because of any delays attributable-to the CONSULTANT, but may 6e extended by the CITY in the everrt of a delay attributable to the CITY, or because of unavoidable delays caused by an act of God or govemmental 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. The CITY agrees to pay the CONSULTANT in accordance with the fee schedule outlined in Exhibit B for work perFormed underthis Agreement in accordance with the scope of work set forth in each Task Assignment; Exhibit B is attached hereto and by this reference made a part of this Agreement: The compensation to be paid to the CONSULTANT shall not exceed the amount budgeted by the City in any appropriation year. Compensation to be paid to the CONSULTANT for authorized work in succeeding years will be contingenYupon availability of funds. The CONSULTANT will not undertake any work or otherwise financially obligate the CITY in excess of the Task Assignment amount without a duly executed Addendum issued by the CITY. In the event services are required beyond those specified in the Scope of Work, and not included in the compensation listed in thisAgreement, a contract modification shalF be negotiated and approved by fhe CITY prior to any effortbeing 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 pertormance of any work under this AGREEMENT without prior written pertnission of,the CITY. No Agreement tor Civil Engineering Services 8.26:13 Page 2 of 11 permission for subcontracting shall create, between the Cll'Y and subcontractor, any contract orany other relationsFiip. 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 shall contain all applicable provisions of this AGREEMENT. - 5. RESPONSIBILITX OF CONSULTANT. The CONSULTAN7 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 pertormed by the CONSULTANT under this P`qreement. 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 GONSULTANTshall pertorm its seryices to conform to generally-accepted professional engineering standards and the requirements of the CITY. Any approval by tfie CITY under this Agreement shall not in anyway relieve 4he 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 pertormance 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, Agreement for Civil Engineering Services 8.26.13 Page 8 of 11 damages, losses, or suits, including attomey fees, arising out of or resulting from the negligentacts, errors or omissions of the CONSULTANT in performance of this Agreement; except for injuries or damages caused bythe sole negligence of the CITY. It is further specifically and expressly understood that the indemnification providetl herein constitutes the CONSULTANTS waiver of immunity under Industrial Insurance. Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutualiy negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 7. INDEPENDENT CONTRACTOR/ASSIGNMENT. The partiesagree 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 notbe 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 pertormance of the work hereunder by the CONSULTANT, its agents, representatiVes, or employees. CONSULTANT'S maintenance of insurance as required by the Agreement shail not be construed to limit the liapilityof 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: Agreement for Civil Engineering Services 8.26:13 Page 4 of 11 . J 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$1,000,000.00 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 shali be endorsed to provide conVactuai liability coverage. ,� b. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover Iiabiiity arising from premises, operations, independent contractors, and personal injury and advertising injury, with limits no less than $1,000,000.00 each occurrence, $2,000,000:00 general aggregate. The CITY shall be included as an additional insured under the CONSULTANT'S Commercial General Liability insurance policy uvith respect to the work pertormed 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. If the consuitant is a sole proprietor, the parties agree that Industrial Insurance would lie required if the CONSULTANT had employees. However, the parties agree that a CONSULTANTwho has no employees would not be required to have Worker's Compensation coverage. d. Professional Liability insurance appropriabe to the CONSULTANT'S profession, with limits no less than $1,000,000.00 per claim and $1,000,000.00 policy aggregate limit P�qreement for Civil Engineering Services 8.26.13 Page 5 of 11 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 shall be excess of the CONSULTANT'S insurance and shall not contribute with it. b. The CONSULTANT shall notify the CITY immediately if their insurance is cancelled. 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 P,-:VII. The CONSULTANT shall fumish the City with 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 Civil Engineering Services 8.26:13 Page 6 of 11 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 GITY OF AUBURN. In addition, the CONSULTANT agrees to maintain all books and records relating to its operation and conceming this Agreement for a period of six (6) years folloiniing the date that this Agreement is expired or otherwise terminated. The CONSULTANT furthec 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 ineligibie, or voluritarilyexcluded 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, attempUng to obtain, or performing a public (federal, state, or local) transaction or contract under a Agreement for Civil Engineering Services 8:26.13 Page 7 of 11 public transaction; violation of federai or state anfitrust statues or commission of embeulement, theft, forgery, bribery; falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presenUy indicted for or otherinrise criminally or civilly charged by a govemmental entity (federal, state, or locaq 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 Iocal) 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 !o this proposal. 12. TERMINATION OF AGREEMENT. This Agreement may be terminated by either party upon twenty (20) days written notice to the other parly, and based upon any cause. In the event of termination due to the fault of other(s) than the CONSULTANT, the CONSULTANTshall 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 seniices affected as directed by the written notice, and (2) deliver to ttie 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, whe4her completed or in process. Agreement for Civil Engineering Services 8.26.13 Page 8 of 11 73. GENERAL PROVISIONS. 13.1. This Agreement shall be govemed by the laws, regulations and ordinances of the City of Autium, 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 orthe 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, 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. 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 CIN 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£IN 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 attomeys fees and expenses and court costs shall be paid to the substantially prevailing party. Agreement for Civil Engineering Services 8.26.13 Page9of11 13.7. The CONSULTANT agrees to comply with alI local, state and federal laws applicable to its pertormance as of the date of this Agreement. 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 Joseph Rosnak on behalf of the CONSULTANT, and by the Mayor of the CITY, oc designee, on behalf of the CITY: Any � written notices reguired by the terms of this Agreement shall be served on or mailed to the following addresses: City of Aubum Century West Engineering Corp. Attn: Shelley Coleman Attn: Joseph Rosnak 25 W Main Street 1020 SW Emkay Drive, #100 Auburn WA 98001 Bend, OR 97702 Phone: 253-804-5019 Phone: 541:322.8962 Fax: 253-288-3132 fax: 541.382.2423 E-mail: scoleman(")a auburnwa.aov E-mail: jrosnak@centurywest.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 ifmailed by certified mail, retum 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, thatmailing such notices or communications by certified mail, retum receipYrequested 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 Civil Engineering Services ^ 8:26:13 Page 10 of 11 13.11. This Agreement may be executed in multiple counterparts, each of which shall be one and the same Ag2ement and shall become effectiyewhen 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 APRROVED ASTO FORM: Daniel B. Heid, Gity,Attomey Century West Engineering Corp. BY: ' Title: Federal TaxID# Agreement for Civil,Engineering Services 8.26.13 Page 11 of 11 EXHIBIT A TASF(ASSIGNMENT AGREEMENT#: TASK#: xxx-xxxx-xxx CONSULTANT: PROJECT#/Name: The generel provisions and Gauses of the Agreement referenced above shail be in full force and effect for this Task Assignment. Location of Project: Mazimum Amount Payable per this Task Assignment: S Completion Date: Scooe of Work: Aoorovals Consultarrt Project Manager: Signature: Date: City Project Manager: Signature: Date: ' City Mayor, if Task Assignment is over$5,000.0Q 5ignature: Date: Note:lf this task assignment is over$25,000.00 then R must go before the appropriate Committee and City Council for approval prior to 4he Mayor's signature. Exhibit A AgreementNo.AGG�ooc Page 1 of 1 EXHIBIT B FEE SCHEDULE CEN'fURY WEST ENCPIEERINC FEE SCHEDULE. � � FOR ENCINEERING&RELATED SERVICES � E�crtvE JAtvuARY 1.2013 The compensation forwork done on the basis of personnel services shall be as described in paragreph A below. Other incurred exprnses will be established using the rates as set forth below in paraBaphs B and C. A. PERSONNEL SERVICES Hourly not to oxceed(NTE)rates for personnel srnices rclated to this contract shall be as follows: Clazsification Maximum Hoorly NTE Rate PrincipaVPrincipal Engineer $220.00 � Sr.Associate/Sr.Associate Engineer $200.00 Associate/Associate Engineer $175.00 Smior Roject Manager $160.00 Project Manager $140.00 Senior Project Engiaeer $125.00 Intermediate Project Engineer $120.00 � Project Engineer $115.00 StaffEngineer $110.00 Resident En�neer $115.00 Design Engineer $]00.00 Senior Cad Designer $95.00 Senior Cad Technician $90.00 Intermediate Cad Technician $80.00 Cad Tectinician $70.00 Clerical $55.00 Note: Invoiced costs may be less than the rete shown per classification,but shall not exceed the N7'E rate. Hourly NTE rates stiall be updated annualty. B. OUTSIDE EXPENSES . Any outside ezpenses, including subconsultant and subcontractor services, incurred for the project by Century West Enginecring will be charged at the actual cost ofthe expense plus ]0°/a C. IN-HOUSE EXPENSES 1. �gginment Eic�en nses: Telephonp Cost plus ]0% Personal Vehicle Mileage Cumnt IRS Rate Fax Machine $1.00/page Lodging/Meals Cost plus t0% Rental Car Cost plus 10% Exhibk B Agreement No.AG-G�ooc Page 1 of 2 2. Draftin¢Supplies and Reoroduction Costs:� � � Drafting supplies and reproductiommaterials provided from stock will be charged�at the following rates: Plou(22 x34,Vellum) $]0.00/each Plots(22x34,Mylar) $15.00/each Plois/Photocopy Q Ix17) $2.50/each Photocopy(fiill size/lazge format) $3.00/copy Photocopy(regulaz/letter size format) $0.10/copy Exhi6it B Agreement No.AGC-�ooc Page 2 of P 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 oompleted during the billing period and completion along wRh funding status. • Internal invoice number and/or sequential numeric number(i.e.: progress paymen4# 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 4ask(s) (attach timesheets, spreadsheet detailing timesheets, or some other form of proo�along wRh type of work done (i.e.: design, right-of way, or constructionj or task order number. • Dired 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, subdonsultants);indirect non-salary (overhead). The CITY does notpay forCONSULTANT 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 infortnation is to be attached to invoice. Project managers are to inform CONSUCTANTS as to wha4 is required for break down information and if backup information is to be a4tached. Break out the same forsubcansultant charges. • Previous and remaining base contract amounts left in each task and total cbntract—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 amendmenfin place. • Inpoices for previous year are due by January 15'". • For granUspecial funded projects there might be other special informaGon needed, reference the LAG manual. ConsukaM Invoices AgreemeM No.AG-C-�ooc Page 1 of 2 SAMPLE INVOICE City of Aubum Invoice#: 5222 25 West Main Progress Payment#: 2 Aubum WA 98001 in4oice Date: February 10,2002 Attn: Scott Nutter(Project Engineer) Project Name:Thomas Nelson Farm Agency Agreement#:AG-C-010 Project#:PR562 Engineering Services perfortned during the period of:January 2002 SAMPLE ENGINEERING,INC. Personnei Hours HouA Rate Amount Mike Jones Princi f in Char e T $ 125.00 .$ 125.00 Carla Maker Architect 5 $ 72.00 $ 744.00 Joe Smith WoM Procassin 10 $ 48.00 $ 480.00 Consulfant Personnel Subtotal $ 749.00 Ex enses see attached documentation Cha es Muki lier Amount Mike Jones Princi al in Char e 20 miles x1.1' $ 7.59 Cada Maker Architect $ 3D.00 x1.1 $ 33.00 Joe Smith Word Processin $ 29.00 x1.1 $ 31.90 Consultant nses Subtotal $ 7248 Consultant Total: $ 821.49 SUB CONSULTANTS(see attached dxumentaUon) Subconsultant' Hours Hourl Rate Amount ABCEn4ironmerrtal Inc. Civil En ineer 10 $ 100.00 $ 1 000.00 Eleetrieal Consultin , Eledrical En ineer 5 $ 100.00 500.00 Meohanioal Solutions Mechanical En ineer 10 $ 100.00 MRF 1 000.00 Movin Com an :Movin Consultant 2 $ 50.00 . 100.00 3ubconsultanfSu6total ' S 2600.00 Subtotel z 1:1'Mu `lier 5 2 860.00 Subeonsulffint Total: $ 2,860.00 70TAL DUE 7HIS INVOICE Wi $ 3,681.49 CONTRACT BREAKDOWN Amount Totallnvoicetl % % Amount Task . Authorized Prior Invoiced This Invoice To Date Ez ended Com Ieted Remainin Original CoMract $22 000.00 $ 1 025.00 $ 2 681.49 $ 3 706.48 20°k 25% $ 18 293.51 MRF' . 2 500.00 0.00 1 000.00 1 0000.00 40°k 45% 1 500:00 TOTAL $24 500.00 $ 1 025.00 $ 3 681.49 _ 4 706.49_ $ 19 793.57 Note:MRF=Management Reserve Fund " Received,a wrltten authorizaUon of MRF on 1I10/01 for Meehanieal Englneer task in the amount of 52,U00.00. � Consultar�t Invoices /\qreement No.AG-C-�ooc Page 2 of 2