HomeMy WebLinkAboutFehr & Peers - PSA for Transportation Impact Fee Program PERSONAL SERVICES AGREEMENT
{FEHR& PEERS}
THIS AGREEMENT is entered by and between the City of Pasco and [Fehr & Peers]
referred to as [Contractor/Consultant] for the purpose of contracting for personal services in the
capacity as [planning consultant].
RECITALS
WHEREAS, the City desires to have certain services and/or tasks perfortned as set forth
below requiring specialized skills, training, equipment, and other supportive capabilities; and
WHEREAS, the [Contractor/Consultant] represents that it is qualified and possesses
sufficient skills, experience, equipment, and necessary capabilities, including: technical and
professional expertise, when required, to perform the services and/or tasks as set forth in this
Agreement upon which the City is relying.
NOW, THEREFORE, in consideration of the mutual covenants, and performances
contained herein, the parties agree as follows:
1. Scope of Services. The [Contractor/Consultant] shall perform such services and
accomplish such tasks, including the furnishing of all labor, materials, facilities and
equipment necessary for full performance thereof, as identified and designated as
[Contractor's/Consultant's] Responsibilities throughout this Agreement, and as more
particularly described in Scope of Work detailed in [Exhibit A], attached hereto and
incorporated herein (the"Project").
2. Term. This Project shall begin on the execution date listed above and promptly be
completed by 06/30/2023.
3. ComAensation and Pavment.
3.1 Payment for services provided hereunder shall be made following the performance
of such services. Such payment shall be full compensation for work performed or
services rendered, and for all labor,materials, supplies, equipment, and incidentals
necessary to complete the Project.
3.2 No payment shall be made for any services rendered by the[Contractor/Consultant]
except for services identified and set forth in this Agreement except as may be
authorized by a written supplemental agreement approved by the City.
3.3 The City shall pay the [Contractor/Consultant] for work performed under this
Agreement upon timely submitted invoices detailing work performed and expenses
for which reimbursement is sought. The City shall approve all invoices before
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payment is issued. Payment shall occur within thirty (30) days of receipt and
approval of an invoice.
3.4 The City shall pay the[Contractor/Consultant] for all work performed and expenses
incurred under this Agreement, as follows.
❑ Hourly (Single Rate): $ per hour plus actual expenses incurred
as provided under this Agreement, but not to exceed a total of
$ without prior written authorization by the City; or
❑ Hourly (Multiple Rate): Such rates as identified on [Exhibit No./Letter],
plus actual expenses incurred as provided under this Agreement,but not to
exceed a total of$ without the prior written authorization by
the City; or
� Fixed Sum: A total of 80 278
❑ Other:
4. Reports and Inspections.
4.1 The [Contractor/Consultant] at such times and in such forms as the City may
require, shall furnish to the City such statements,records, studies, surveys, reports,
data, and information as the City may request pertaining to matters covered by this
Agreement.
4.2 The [Contractor/Consultant] shall, at any time during normal business hours and as
often as the City or the Washington State Auditor may reasonably deem necessary,
make available for examination all of its records and data with respect to all matters
covered, directly or indirectly, by this Agreement and shall permit the City, or its
designated authorized representative to audit and inspect other data relating to all
matters covered by this Agreement. The City shall receive a copy of all audit
reports made by the agency or firm as to the [Contractor's/Consultant's] activities.
The City may, at its discretion, conduct an audit at its expense, using its own or
outside auditors, of the [Contractor's/Consultant's] activities which relate, directly
or indirectly, to this Agreement. [Contractor/Consultant] shall be provided a copy
of such reports.
4.3 The [Contractor/Consultant], during the term of this Agreement, shall obtain all
permits and registration documents necessary for the performance of its work and
for the execution of services at its own expense, and shall maintain its validity.
Upon request, the [Contractor/Consultant] shall deliver to the City copies of these
licenses, registration documents, and permits or proof of their issuance or renewal.
4.4 [Contractor/Consultant] shall maintain books, records and documents, which
sufficiently and properly reflect all direct and indirect costs related to the
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performance of this Agreement,and shall maintain such accounting procedures and
practices as may be necessary to assure proper accounting of all funds paid pursuant
to this Agreement. These records shall be subject, at all reasonable times, to
inspection,review, or audit as provided above.
4.5 The [Contractor/Consultant] shall retain all books, records, documents or other
material relevant to this Agreement for three (3) years after its expiration.
[Contractor/Consultant] agrees that the City, or its designee, shall have full access
and right to examine any of said materials at all reasonable times during this period.
5. Ownership and Use of Documents.
5.1 All research,tests, surveys,preliminary data,information,drawings and documents
made, collected, or prepared by the [Contractor/Consultant] for performing the
services subject to this Agreement, as well as any final product, collectively
referred to as"work product,"shall be deemed as the exclusive property of the City,
including copyright as secured thereon. [Contractor/Consultant] may not use them
except in connection with the performance of the services under this Agreement or
with the prior written consent of the City. Any prior copyrighted materials owned
by the[Contractor/Consultant]and utilized in the performance of the services under
this Agreement, or embedded in with the materials,products and services provided
thereunder, shall remain the property of the [Contractor/Consultant] subject to a
license granted to the City for their continued use of the products and services
provided under this Agreement. Any work product used by the
[Contractor/Consultant] in the performance of these services which it deems as
"confidential,""proprietary,"or a"trade secret" shall be conspicuously designated
as such.
5.2 In the event of [Contractor's/Consultant's] default, or if this Agreement is
terminated prior to its completion,the work product of the[Contractor/Consultant],
along with a summary of the services performed to date of default or termination,
shall become the property of the City, and tender of the work product and summary
shall be a prerequisite to final payment under this Agreement. The summary of
services provided shall be prepared at no additional cost, if the Agreement is
terminated through default by the [Contractor/Consultant]. If the Agreement is
terminated through convenience by the City, the City agrees to pay
[Contractor/Consultant] for the preparation of the summary of services provided.
6. Public Records.
6.1 [Contractor/Consultant] acknowledges that the City is an agency subject to Chapter
42.56 RCW "Public Records Act." All preliminary drafts or notes prepared or
gathered by the [Contractor/Consultant], and recommendations of the
[Contractor/Consultant] are exempt prior to the acceptance by the City or public
citation by the City in connection with City action.
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6.2 If the [Contractor/Consultant] becomes a custodian of public records of the City
and request for such records is received by the City, the [Contractor/Consultant]
shall respond to the request by the City for such records within five (5) business
days by either providing the records, or by identifying in writing the additional time
necessary to provide the records with a description of the reasons why additional
time is needed. Such additional time shall not exceed twenty (20) business days
unless extraordinary good cause is shown.
6.3 In the event the City receives a public records request for protected work product
of the [Contractor/Consultant] within its possession, the City shall, prior to the
release of any protected work product or as a result of a public records request or
subpoena, provide [Contractor/Consultant] at least ten (10) business days prior
written notice of the pending release and to reasonably cooperate with any legal
action which may be initiated by the [Contractor/Consultant]to enjoin or otherwise
prevent such release.
7. Independent Contractor Relationship.
7.1 The parties intend that an independent contractor relationship is created by this
Agreement. The City is interested primarily in the results to be achieved; subject
to the scope of services and the specific requirements of this Agreement, the
implementation of services will lie solely with the discretion of the
[Contractor/Consultant]. No agent, employee, officer or representative of the
[Contractor/Consultant] shall be deemed to be an employee, agent, officer, or
representative of the City for any purpose, and the employees of the
[Contractor/Consultant] are not entitled to any of the benefits or privileges the City
provides for its employees. The[Contractor/Consultant] will be solely and entirely
responsible for its acts and for the acts of its agents, employees, officers,
subcontractors or representatives during the performance of this Agreement.
7.2 In the performance of the services provided in this Agreement,
[Contractor/Consultant] is an independent contractor with full authority to control
and direct the performance of the details of the work, however, the results of the
work contemplated herein must meet the approval of the City and shall be subject
to the City's general rights of inspection and review to secure the satisfactory
completion thereof.
7.3 The[Contractor/Consultant] shall comply with all State and Federal laws including,
but not limited to:
7.3.1 The definition requirements of RCW 50.04.140 (Employment Security).
7.3.2 RCW 51.08.195 (Industrial Insurance).
7.3.3 Obtain a City of Pasco business license.
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7.4 The City may, at its sole discretion, require the [Contractor/Consultant] to remove
any employee, agent or servant from employment on this Project who, in the City's
sole discretion, may be detrimental to the City's interest.
7.5 [Contractor/Consultant] as an independent contractor and not an employee shall not
be entitled to any employee benefits including but not limited to vacation time, sick
leave,paid time off, or paid holidays.
8. Indemnification.
8.1 The [Contractor/Consultant] shall defend, indemnify, and hold harmless the City,
its officers, officials, employees, and volunteers 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 [Contractor/Consultant] in performance of
this Agreement, except for injuries and damages caused by the sole negligence of
the City.
8.2 However, should a court of competent jurisdiction determine that this Agreement
is subject to RCW 4.24.115, then, in the event of liability for damages arising out
of bodily injury to persons or damages to property caused by or resulting from the
concurrent negligence of the [Contractor/Consultant], and the City, its officers,
officials, employees, and volunteers, the [Contractor's/Consultant's] liability,
including the duty and cost to defend, hereunder shall be only to the extent of the
[Contractor's/Consultant's] negligence. It is further specifically and expressly
understood that the indemnification provided herein constitutes the
[Contractor's/Consultant's] waiver of immunity under Industrial Insurance, Title
51 RCW, solely for purposes of this indemnification. This waiver has been
mutually negotiated by the parties. The provisions of this section shall survive the
expiration or termination of this Agreement.
8.3 No liability shall attach to the City by reason of entering into this Agreement except
as expressly provided herein.
8.4 This indemnification shall include damages, penalties and attorney fees caused by
[Contractor's/Consultant's] delayed or failed performance of Section 6 above.
9. Insurance. The [Contractor/Consultant] shall procure and maintain for the duration of the
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
[Contractor/Consultant], its agents, representatives, employees, or subcontractors. The
[Contractor's/Consultant's] maintenance of insurance as required by the Agreement shall
not be construed to limit the liability of the [Contractor/Consultant] to the coverage
provided by such insurance, or otherwise limit the City's recourse to any remedy available
at law or in equity.
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9.1 Minimum Sco e of Insurance. [Contractor/Consultant] shall obtain insurance of
the types and coverage described below:
9.1.1 Automobile Liability insurance covering all owned, non-owned, hired and
leased vehicles. Coverage shall be at least as broad as Insurance Services
Office (ISO) form CA 00 Ol.
9.1.2 Commercial General Liability insurance shall be at least as broad as ISO
occurrence form CG 00 O1 and shall cover liability arising from premises,
operations, stop-gap independent contractors and personal injury and
advertising injury. The City shall be named as an additional insured under
the [Contractor's/Consultant's] Commercial General Liability insurance
policy with respect to the work performed for the City using an additional
insured endorsement at least as broad as ISO endorsement form CG 20 26.
9.1.3 Workers' Compensation coverage as required by the Industrial Insurance
laws of the State of Washington.
9.1.4 Professional Liability insurance appropriate to the
[Contractor's/Consultant's] profession.
9.2 Minimum Amounts of Insurance. [Contractor/Consultant] shall maintain the
following insurance limits:
9.2.1 Automobile Liability insurance with a minimum combined single limit for
bodily injury and property damage of$1,000,000 per accident.
9.2.2 Commercial General Liability insurance shall be written with limits no less
than:
� $2,000,000 each occurrence; and
� $2,000,000 general aggregate;
9.2.3 Professional Liability insurance shall be written with limits no less than:
� $2,000,000 per claim; and
� $2,000,000 policy aggregate limit;
9.3 Other Insurance Provision. The [Contractor's/Consultant's] Automobile Liability
and Commercial General Liability insurance policies are to contain, or be endorsed
to contain that they shall be primary insurance as respect the City. Any insurance,
self-insurance, or self-insured pool coverage maintained by the City shall be excess
of the [Contractor's/Consultant's] insurance and shall not contribute with it.
9.3.1 The [Contractor's/Consultant's] insurance shall be endorsed to state that
coverage shall not be cancelled by either party, except after thirty(30) days
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prior written notice by certified mail, return receipt requested, has been
given to the City.
9.4 Acce tabilit of Insurers. Insurance is to be placed with insurers with a current
A.M. Best rating of not less than A: VII.
9.5 Verification of Covera�;e. [Contractor/Consultant] shall furnish the City with
original certificates and a copy of the amendatory endorsements,including,but not
necessarily limited to,the additional insured endorsement,evidencing the insurance
requirements of the Agreement before commencement of the work.
9.6 Notice of Cancellation. The [Contractor/Consultant] shall provide the City with
written notice of any policy cancellation within two (2) business days of their
receipt of such notice.
9.7 City Full Availabilitv of Consultant Limits. If the [Contractor/Consultant]
maintains higher insurance limits than the minimums shown above, the City shall
be insured for the full available limits of Commercial General and Excess or
Umbrella liability maintained by the [Contractor/Consultant], irrespective of
whether such limits maintained by the [Contractor/Consultant] are greater than
those required by this Agreement or whether any certificate of insurance furnished
to the City evidences limits of liability lower than those maintained by the
[Contractor/Consultant].
9.8 Failure to Maintain Insurance. Failure on the part of the [Contractor/Consultant] to
maintain the insurance as required shall constitute a material breach of contract,
upon which the City may, after giving five (5) business days notice to the
[Contractor/Consultant] to correct the breach, immediately terminate the
Agreement or, at its discretion, procure ar renew such insurance and pay any and
all premiums in connection therewith, with any sums so expended to be repaid to
the City on demand, or at the sole discretion of the City, offset against funds due
the [Contractor/Consultant] from the City.
10. Nondiscrimination. In the performance of this Agreement, the [Contractor/Consultant]
will not discriminate against any employee or applicant for employment on the grounds of
race, creed, color, national origin, sex, marital status, age or the presence of any sensory,
mental or physical handicap; provided that the prohibition against discrimination in
employment because of handicap shall not apply if the particular disability prevents the
proper performance of the particular worker involved. The [Contractor/Consultant] shall
ensure that applicants are employed, and that employees are treated during employment in
the performance of this Agreement without discrimination because of their race, creed,
color, national origin, sex, marital status, age or the presence of any sensory, mental or
physical handicap. Consultant shall take such action with respect to this Agreement as may
be required to ensure full compliance with local, State and Federal laws prohibiting
discrimination in employment.
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11. Covenant A�ainst Contin�ent Fees. The [Contractor/Consultant] warrants that it has not
employed nor retained any company, firm, or person, other than a bona fide employee
working exclusively for the [Contractor/Consultant], to solicit or secure this Agreement;
and that it has not paid or agreed to pay any company, person or firm, other than a bona
fide employee working exclusively for the [Contractor/Consultant], any fee, commission,
percentage, brokerage fee, gift, or other consideration contingent upon or resulting from
the award or making of this Agreement. For breach or violation of this warranty, the City
shall have the right to terminate this Agreement.
12. Assi�nment and Subcontractin�.
12.1 The City has awarded this Agreement to the [Contractor/Consultant] due to its
unique qualifications to perform these services. The [Contractor/Consultant] shall
not assign (or subcontract other than as specifically identified in E�ibit A) its
performance under this Ageement or any portions of this Agreement without the
prior written consent of the City, which consent must be sought at least thirty (30)
days prior to the date of any proposed assignment.
12.2 Any work or services assigned or subcontracted hereunder shall be subject to each
provision of this Agreement including Section 6, Public Records; Section 10,
Nondiscrimination;proper bidding procedures where applicable;and all local,State
and Federal statutes, ordinances, and guidelines.
12.3 Any technical or professional service subcontract not listed in this Agreement,must
have prior written approval by the City.
13. Termination.
13.1 Termination for Convenience. Either party may terminate this Agreement for any
reason upon giving the other party no less than ten(10)business days written notice
in advance of the effective date of such termination.
13.2 Termination for Cause. If the [Contractor/Consultant] fails to perform in the
manner called for in this Agreement, or if the [Contractor/Consultant] fails to
comply with any other provisions of this Agreement and fails to correct such
noncompliance within five(5)business days of written notice thereof,the City may
terminate this Agreement for cause. Termination shall be affected by serving a
notice of termination on the [Contractor/Consultant] setting forth the manner in
which the [Contractor/Consultant] is in default. The [Contractor/Consultant] will
only be paid for services and expenses complying with the terms of this Ageement,
incurred prior to termination.
14. General Provisions.
14.1 For the purpose of this Agreement, time is of the essence.
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14.2 Notice. Notice provided for in this Agreement shall be sent by:
14.2.1 Personal service upon the Project Administrators; or
14.2.2 Certified mail to the physical address of the parties, or by electronic
transmission to the e-mail addresses designated for the parties below.
14.3 The Project Administrator for the purpose of this Agreement shall be:
14.3.1 For the City: Rick White, or his/her designee
Director, Community and Economic Development
525 N 3ra Avenue
Pasco, Washington 99301
(509� 545-3441 /whiter@pasco-wa.gov
14.3.2 For the [Contractor/Consultant]:
Kendra Breiland, AICP, or his/her designee
Principal
601 Union Street, Suite 3525
Seattle, Washington 98101
�206) 576-4223 /k.breiland@pehrandpeers.com
15. Disnute Resolution.
15.1 This Agreement has been and shall be construed as having been made and entered
into and delivered within the State of Washington and it is agreed by each party
hereto that this Agreement shall be governed by the laws of the State of
Washington.
15.2 In the event of a dispute regarding the enforcement, breach, default, or
interpretation of this Agreement, the Project Administrators, or their designees,
shall first meet in a good faith effort to resolve such dispute. In the event the dispute
cannot be resolved by agreement of the parties, said dispute shall be resolved by
arbitration pursuant to RCW 7.04A,as amended,with both parties waiving the right
of a jury trial upon trial de novo, with venue placed in Pasco, Franklin County,
Washington. The substantially prevailing party shall be entitled to its reasonable
attorney fees and costs as additional award and judgment against the other.
16. Nonwaiver. Waiver by the City of any provision of this Agreement or any time limitation
provided for in this Agreement shall not constitute a waiver of any other similar event or
other provision of this Agreement.
17. InteQration. This Agreement between the parties consists in its entirety of this document
and any exhibits, schedules or attachments. Any modification of this Agreement or change
order affecting this Agreement shall be in writing and signed by both parties.
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18. Authorization. By signature below, each party warrants that they are authorized and
empowered to execute this Agreement binding the City and the [Contractor/Consultant]
respectively.
IN WITNESS WHEREOF,the parties have caused this Agreement to be executed on the
date first written above.
CITY OF PASCO, WASHINGTON CONSULTANT
���P��c�a�—
Dave Zabell, C' > $50,0 0) {CONTRACTOR/CONSULTANT}
Department Director(< $50,000)
ATTEST:
.�J�- -
�C , C�
Debra C. Barham, City Clerk
APPROVED AS TO FORM:
Kerr Ferguson La , City Attorney
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EXHIBIT A
Scope and Fee Estimate:
Transportation Impact Fee Program Development Services
September 22,2022
The goal of this project will be to update the City of Pasco's transportation impact fee program.
Task 1 Impact Fee Kick Off Meeting
We will kick off the impact fees update by holding a staff workshop that asks the following key
questions,which are central to this impact fee update:
• What is working well with the City's current impact fee program and what should be changed?
• What types of projects should impact fees fund?
• Should the program be vehicle-trip based or person-trip based?
• Should the program be based on a single,citywide rate or should it be zone-based?
• What types of land use categories should be included in the fee schedule?
• How do Pasco's transportation impact fee rates compare to other peer communities and what is
the appetite for raising rates?
Deliverable:
• Notes from the kickoff meeting that document staff responses to the key questions
Task 2 Review and Update Transportation Project List
We will review the transportation project list developed as part of Pasco's Transportation System
Master Plan to identify capital projects that could meet impact fee eligibility. Fehr& Peers will meet
with City staff to discuss potential projects for inclusion in the City's impact fee program and confirm an
initial draft list. Following the meeting, Pasco staff will provide Fehr& Peers with the most current
information available about project costs and any identified non-impact fee funding sources for projects.
Fehr&Peers will compile this information to develop an initial draft transportation impact fee project
list.
Deliverable:
• Draft transportation impact fee project list,with costs and funding availability
Task 3 Calculate Existing Deficier�cies
We will calculate the existing deficiency portion of transportation projects based on adopted level of
service policies. It is assumed that this information can be gleaned from the recently adopted
Transportation System Master Plan. No new LOS analysis is assumed as part of this project.
Deliverable:
• Table of existing deficiencies for each project
�
We will summarize expected residential and commercial growth within the city consistent with the
growth assumptions applied for the TSMP future year analysis.We will then convert the land use growth
to trips for calculation of the impact fee using the version of the BFCOG travel model refined for applied
for the Transportation System Master Plan (hereafter referred to as the"Pasco model").
Deliverable:
• Spreadsheet of land use and trip growth
Task 5 Determine Share of Trips Attributable to Growth in Pasco
We will then apply the Pasco model to estimate trips occurring on each of the proposed transportation
projects, identifying the percentage of trips attributable to city growth.
Deliverable:
• Spreadsheet documenting growth portion in Pasco
Task 6 Calculate Impact Fee Rate and Update Fee Schedule
We will calculate a new'cost per trip end'that is translated into an impact fee schedule. We will update
the fee schedule to reflect the new"cost per trip end', updated land use categories(based on discussion
with city staff in the kickoff meeting),and the most updated version of the Institute of Transportation
Engineers Trip Generation Manual. Potential updates include: revised (and use categories,setting rates
by geographic area,or rate variations based on differences in mode share.
Deliverable:
• Spreadsheet documenting cost per trip end and revised fee schedule
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We will develop a short report documenting the impact fee rate methodology and results.We will also
support the City in updating it's current municipal code to reference the updated impact fee program.
Deliverable:
• Report documenting rate program update(for reference in city ordinance)
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Fehr&Peers staff will attend up to four conference calls with staff(beyond the kickoff meeting and
project management check-ins)to discuss results of the analysis.We will also present the results of the
updated impact fee study to City Council.
Deliverable:
• Four conference calls
• Presentation and attendance at Council meeting
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Ongoing communication with the City's project manager, including bi-weekly check in calls and monthly
invoicing and progress reports. For budgeting purposes, it is assumed that this project will take up to six
months to complete.
DeliverabJe:
• Bi-weekly check in calls
• Monthly invoices
FP
Kendra . Katie Jeff Don Sr<aRy �nd6rect
� Breiland Wende) Plerson Calms K���� SkOnner Costs& TotaP CosY
Travel
Task $310 $140 $120 $275 $170 5130
— -- - - -- -— --- —_-_---
Transportatan Impact Fws j -- ------
1-Impad Fee Kick Off Meeting 4 4 2 2 � $ 14b $ 3,066
2-RevieK and Update Transpor�ation Project List 4 16 4 4 2 $ 28b $ 6,006
3-Calcu}ate Existing Deficiencies 4 16 4 2 2 $ 259 S 5,429
�4-Update Groarth Estimates 2 8 16 2 2 3 304 4 6,374
5-Determine Share of Frips AMributable to Growth i��Cify 2 8 16 2 2 $ 304 $ 6,374
6-4alculate Impact Fee Rate and Update Fee Schedule 8 24 16 4 4 5 549 ; 11,529
7-Prepare fmpad Fee Rate Study&Code Support 28 24 2 4 8 6 $ 786 S 16,506
8-MeetingsjCour�cii Presentation 32 16 4 8 5 $ 7,764 3 17,034
{9-Project Management&Invoicing 15 3 12 $ 1,332 4 7,962
Totil 99 119 GO �4 7b 3b S 5.728 S 80,278