HomeMy WebLinkAboutMEC Earth & Environmental Inc AG-C-220,~~` '~,.
2007 AGREEMENT FOR PROFESSIONAL SERVICES
AG-C-220
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 AMEC EARTH & ENVIRONMENTAL, INC., a Nevada corporation,
whose address is 11335 NE 122"d Way, Suite 100, Kirkland, WA 98034, 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.
The CONSULTANT will provide on-call environmental services for the City of
Auburn. Services may include wetland investigation and delineations, wetland and
stream restoration and mitigation planning, assistance in obtaining environmental
permits, and general consultation regarding wetland and stream related issues. Reports
documenting work performed, including wetland locations, wetland characteristics and
functions, fish habitat, mitigation, and mitigation monitoring plans, as well as other
documents, will be provided when necessary.
The CONSULTANT, on a project basis, will be given individual task assignments
(see Exhibit A, Sample Task Assignment) for work related to environmental services.
These task assignments will describe the work to be completed, completion dates, and
compensation amount. An approved task assignment shall be required between the
CONSULTANT and the City prior to commencing any work for any individual task.
Agreement for Professional Services AG-C-220
January 11, 2007
Page 1 of 11
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, 2007, and can be amended by both parties for succeeding years.
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.
The CONSULTANT shall be paid by the CITY based upon the fees included for
each individual approved task assignment. These fees will be "not to exceed" lump
sum figures based on the Fee Schedule outlined in Exhibit B for work performed under
this Agreement. Exhibit B is attached hereto and by this reference made part of this
Agreement. Compensation shall include all consultant expenses including, but not
limited to, overhead, profit, and direct non-salary costs and shall not exceed that
amount shown on each approved individual task assignment under this contract. The
total amount of the agreement shall not exceed $50,000.
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.
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January 11, 2007
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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
perform its services to conform to generally-accepted professional environmental and
wetland 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
Agreement for Professional Services AG-C-220
January 11, 2007
Page 3 of 11
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,
except for injuries or damages caused by the sole negligence of the CITY.
7. INDEPENDENT CONTRACTORIASSIGNMENT.
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.
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:
Agreement for Professional Services AG-C-220
January 11, 2007
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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.
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
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January 11, 2007
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coverage maintained by the CITY 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 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.
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
Agreement for Professional Services AG-C-220
January 11, 2007
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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 athree-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;
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January 11, 2007
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(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 athree-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.
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.
Agreement for Professional Services AG-C-220
January 11, 2007
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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, 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 atl 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 attorneys 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.
13.8. If any provision of this Agreement is invalid or unenforceable, the
remaining provisions shall remain in force and effect.
Agreement for Professional Services AG-C-220
January 11, 2007
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13.9. This Agreement shall be administered by Meg Strong, 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: William S. Helbig
25 W Main Street
Auburn WA 98001
Phone: 253.288.3142
Fax: 253.931.3053
E-mail: whelbig@auburnwa.gov
AMEC Earth & Environmental, Inc.
Attn: Kristie Dunkin, Ph.D.,
Project Manager
11335 NE 122~d Way, Suite 400
Seattle, WA 98124-0445
Phone: 425.820.4669 Extn. 3035
Fax: 425.821.3914
E-mail kristie.dunkin@amec.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.
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.
Agreement for Professional Services AG-C-220
January 11, 2007
Page 10 of 11
CIT AZTB
f
Peter B. Lewis, Mayor
Date MAR ~ 8 200
ATTEST:
-~~
anielle E. Daskam, City Clerk
APPROVED AS TO FORM:
aniel B. Hdyd, City Atto
AMEC EARTH & ENVIRONMENTAL, INC.
BY: / ~
Title: f~~i/` /~~~~-Q-~'
Federal Tax ID #
Agreement for Professional Services AG-C-220
January 11, 2007
Page 11 of 11
EXHIBIT A
SAMPLE TASK ASSIGNMENT
AGREEMENT #: AG-C-xxx
TASK #: xxx-xxxx-xxx
CONSULTANT:
PROJECT #/Name:
The general provisions and clauses of the Agreement referenced above shall be in full force
and effect for this Task Assignment.
Location of Project:
Maximum Amount Payable per this Task Assignment: $
Completion Date:
Scope of Work:
Approvals
Consultant Project Manager:
Signature: Date:
City Project Manager:
Signature: Date:
City Mayor, if Task Assignment is over $5,000:
Signature: Date:
Note: If this task assignment is over $25,000 then it must go before the appropriate Committee
and City Council for approval prior to the Mayor's signature.
Exhibit A
Agreement No. AG-C-220
Page 1 of 1
EXHIBIT B
FEE SCHEDULE
AMEC EARTH & ENVIRONMENTAL, INC.
CHARGES: Charges for employees are determined by the hourly rates listed below. Charges
for reimbursable expenses are specified below, or in individual task order proposals.
LABOR RATES
Name
Job Title
Level Billing
Rate
Bonebrake, Deb Office Administration 810 $80.00
Thurston, Crystal General Administration 807 $60.00
Larson, Jan Finance Administration 806 $55.00
Wilson, Cheryl Contracts Administration 805 $50.00
Kane ae, Mats Document Production 804 $45.00
Shellooe, James Francis Sr. Civil Engineer/Office
Mana er 625
$210.00
Pedersen, Mark G Sr. Fisheries Biolo ist 622 $165.00
Dransfield, James S Sr. Geotechnical En ineer 622 $165.00
Wert, Michael A. Sr. Fisheries Biologist/Unit
Mana er 621
$160.00
Abed, Jess Sr. Geotechnical
En ineer/Unit Mana er 621
$160.00
Strong, Margaret Jane Sr. Geologist/Hazardous
Waste/Unit Mana er 620
$155.00
Chatters, James Carl Sr. Archeolo ist 619 $155.00
Smith, Michael S Associate/ Certified
Industrial H ienist 619
$155.00
Ladd, Deborah Sr. Geotechnical En ineer 618 $150.00
Braungardt, David Sr. Industrial H ienist 617 $150.00
Dunkin, Kristie A Project Manager/Sr.
Wetland Biolo ist 617
$150.00
Harshman, Gary Wayne Sr. Planner 617 $150.00
Siebert, Stephen A Geotechnical En ineer 615 $135.00
Wentworth, Todd D Geotechnical En ineer 615 $135.00
Knutson, Dianne E Certified Industrial H ienist 614 $130.00
Anderson, Carolyn Shirley Geotechnical En ineer 614 $130.00
Brenniman, Henry W Geotechnical En ineer 614 $130.00
Evangelisti, Carlo Frank Geotechnical En ineer 614 $130.00
Lockard, William J Geotechnical En ineer 614 $130.00
Exhibit B
Agreement No. AG-C-220
Page 1 of 1
LABOR RATES (Continued)
Name Job Title Level Billin Rate
Chalfant, Jon P Sr. Landsca e Archeolo ist 613 $120.00
Greene, John J Sr. Planner 613 $120.00
Myers, Richard Sr. Landscape Archeologist 613 $120.00
Skeldon, Meline Sr. Planner 613 $120.00
Moeller, Konrad H Sr. Geotechnical Field Technician 613 $120.00
Bartlett, Cindy D Geologist 612 $115.00
Inouye, Cherilyn M Geologist 612 $115.00
Miele, Christopher D Sr. Environmental Field Technician 612 $115.00
Planke, Jason Industrial Hygienist 612 $115.00
Rooke, Lara C rcheologist 612 $115.00
igoren, Leah Rachelle Environmental Engineer 612 $115.00
David, Michelle Lee Geologist 610 $105.00
Gray, Melinda Chambers quatic Biologist 610 $105.00
Ladd, Gerald T Geologist 610 $105.00
cker, Vicki A Geologist 609 $100.00
Erickson Mertz, Lisa Marie Geologist 609 $100.00
Forehand, Carol Graphics/Editing 609 $100.00
hite, Alex B Planner 608 $95.00
Nelson, Cody Ann Geologist 608 $95.00
Charm, Kenneth A quatic Biologist 607 $90.00
Clingman, Danielle Lynn Planner 607 $90.00
Halladay, Diana L. Biologist 607 $90.00
Merrill, Melanie Kay Environmental Field Technician 516 $80.00
Ilen, Daniel F CADD/Landscape Technician 513 $75.00
rens, Jeffrey T Environmental Technician 513 $75.00
Howland, Cherie N Environmental Technician 513 $75.00
Mead, Vivian Margit Hinsee Environmental Technician 513 $75.00
Charlton, Michael Environmental Technician 510 $60.00
Christensen, Erik Craig Natural Resources Technician 510 $60.00
Peters, Tiffany Jo Natural Resources Technician 509 $47.50
Exhibit B
Agreement No. AG-C-220
Page 2 of 1
Expense Rates
Expense Category Billing Rate
Mileage $0.445/mile Current IRS Rate
Outside Photocopies/Printing Cost + 10%
Transportation by Public Carrier Cost + 10%
Outside Services or Subcontractors Cost + 10%
Materials and Supplies Cost + 10%
Exhibit 8
Agreement No. AG-C-220
Page 3 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 15`n
• For grantlspecial funded projects there might be other special information needed,
reference the LAG manual.
Consultant Invoices
Agreement No. AG-C-220
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 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 tier Amount
Mike Jones, Princi al in Char e 20 miles x1.1 $ 7.59
Carla Maker, Architect $ 30.00 x1.1 $ 33.00
Joe Smith, 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 tier $ 2,860.00
Subconsultant Total:
TOTAL DUE THIS INVOICE
n/'1~ITO AnT o~GAll rlfl\A/AI
$ 2,860,00
$ 3,681.49
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 1/10101 for Mechanical Engineer task in the amount of
$2,000.00.
Consultant Invoices
Agreement No. AG-C-220
Page 2 of 2