HomeMy WebLinkAbout5386 Contract Number: 5386
Vendor: FCS GROUP
� Subject: PSA - GFC Update and Review/Update Other Fess and
Charges
Department: Public Works
File Class: GS50-01-11 Rev. 3 General
Begin Date:� 6/27/2014
End Date: 12/31/2015
Review Date: 1/1/2016
Vault Date: 2016
Comments: CO #01 10/7/15
CONTRACT MODIFICATION AGREEMENT NO. 1
BETWEEN THE CITY OF BREMERTON AND
FCS GROUP
PROJECT General FacilitY Char e fGFC)and Miscellaneous Fee Study
CONSULTANT FCS GROUP
DATE October 7,2015
THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE
AGREEMENT (the "Contract") entered into between the City of Bremerton and FCS
GROUP on Ju�te 27.2014:Co�rtract#5386
All provisions in the Contract shall remain in full force and effect except as expressly modified by
this document.
For valuable consideration and by mutual consent of the parties, the modif cations to the Contract
are as follows:
I.
Section I. Scoge , is modified as follows: Update GFC Calculations, include multi-unit
ERU factor,update GFC Memo and present at Council Meetings. Refer to Exhibit A of contract.
Section II. Term , is modified as follows: The Consultant shall complete the work
described in this Contract Modification Agreement by December 31,2015.
Section III. Compensation , is modified as follows:
The original contract amount was Fortv four thousand and ei�ht hundred thirtv five
thousand Dollars and no cents ($44.835.00). The City shall pay the Consultant for the additional
work described above, based on time and materials, an amount not to exceed Thirteen thousand
four hundred and fiftv Dollars ($13,450.00) for a total amended contract amount of Fiftv ei�ht
thousand two hundred and ei�htv tive Dollars ($58,285.00), including this Contract
Modification.
II.
Consultant accepts all requirements of this Contract Modification by endorsing below.
Consultant further agrees that this Contract Modification constitutes full and final settlement
of all of the Consultant's claims for contract time and for all costs of any kind, including
without limitation, costs of delays related to any work either covered or affected by this
Contract Modification, claims related to on-site or home office overhead, ar lost profits. This
Contract Moditication does not limit the City's right to bring a claim for past performance.
CONTRACT MODIFICATION#1 1
Contract Number:5386
i�
The undersigned consultant approves the foregoing Contract Modification as to the changes,
if any,in the contract price specified for each item,including any and all supervision costs and
other miscellaneous costs relating to the change in work, and as to thc extension of time
allowed,if any,for completion of the entire work due to said Contract Modification.
This document will become a supplement of the contract and all provisions will apply hereto.
It is understood that this Contract Modification shall be effective when approved by the City
of Bremerton.
The parties whose names appear below warrant that they are authorized to enter into a
contract modification that is binding on the parties of this contract. In addition, Consultant
warrants that it has or will inform the surety of this change, and shall take appropriate action
to modify any bonds required under the contract to address this change.
IN WITNESS WHEREOF, the parties have executed this Contract Modification on the day
and year first written above.
Public Works Director approved to process ... - �U �/ � J�
Initials and Date �
CONSULTANT. THE CITY OF BREMERTON
- s. J� ,�►,��..�. -
By ngie S. Virnoche � _ By_ P ent
Its -- - Priiicipal _ ---- Its a r -
DATE: IO.I Q I l�i DATE: . �� — �Z � ���
--r
APPROVED AS TO FORM: ATTEST:
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Bremerton C' orney City Clerk
NOTICES O BE SENT TO: NOTICES TO BE SENT TO:
Project Manager;FCS Grouq Chal Martin
Redmond'fown Center Suite D-215 Director Public Works&Utilities
7525_160`h Ave�NE _ � City of Bremerton
Redmond, WA 98052 100 Oyster Bay Avenue North
_ - -- - .
Bremerton, WA 98312
360-473-5758
R:�L.EGAL\ContractslFORMS\Contract ModificaUon(2003).doc
CONTRACT MODIFICATION#1 2
Contract Number: 5386
Contract Number:
Vendor:
Subject:
Department:
File Class:
Begin Date:
End Date:
Review Date:
Vault Date:
5386
FCS GROUP
PSA - GFC Update and Review/Update Other Fess and
Charges
Public Works
LEG 12-1
6/27/2014
10/31/2014
12/1/2014
2015
Comments :
�� h�`►a-� �538�
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUB.DECT: Professional Services
Agreement with FCS Group to Conduct GFC
and Fee Update
Study Session Date:
COUNCIL MEETING Date:
Department:
Presenter:
Phone:
�
May 14, 2014
May 21, 2014
Public Works and Utilities
Wayne Hamilton
473-5207
SUMMARY: A GFC and Fee study for the City of Bremerton will assess and evaluate existing water,
sewer and stormwater fees and charges structures and provide recommendations for future fees and
charges. The last utilities fees and charges study was performed in 1991. FCS Group was selected
as the firm most qualified to perForm this work. The objective of the utilities fees and charges study is
to adequately fund the work being performed. The study will be based on existing utilities fees and
charges and industry benchmarks.
ATTACWMENTS: 1) Professional Services Agreement; 2) Scope of Services; 3) Schedule; 4)
Budget
FISCAL IMPACTS (Include Budgeted Amount): The 2014 budget for conducting this work is
$44,835 allocated befinreen the three enterprise utility funds — water, wastewater and stormwater
STUDY SESSBON AGENDA: 0 No Presentation � Full Presentation
STUDY SESSION ACTION: � Consent Agenda ❑ General Business O Public Hearing
RECOMMENDED MOYION: Move to approve the Professional Services Agreement with FCS Group
in the amount not-to-exceed $44,835; and authorize the Mayor to finalize and execute the agreement
with substantially the same terms and conditions as presented.
COUNCIL ACTION: [�Approve
❑ Deny ❑ Table ❑ Continue ❑ No Action
Form Updated 01/25/13
PROFESSIONAL SERVICES AGREEMENT
GFC Update and Review/Update Other Fees and Charges
The City of Bremerton ("City") and FCS Group ("Consultant"), referred to collectively
as the "Parties," enter into the following Agreement for professional services:
I. Scope: The Consultant agrees to perform the services more specifically described in the
Scope of Work, dated March, 2014, including any attachments thereto , attached hereto as
Exhibit A, which is incorporated by reference herein. The Scope of Work may be modified only
pursuant to Section VII.G of this Agreement. If the Scope of Work provides for unspecified
additional services such services shall only be performed upon the express written request of the
City. Consultant further represents that the services furnished under this Agreement will be
performed in accordance with generally accepted professional practices in effect at the time such
services are performed.
II. Term: The City and the Consultant agree that work will begin on the tasks described in
Exhibit A immediately upon execution of this Agreement. The parties agree that the work
described in Exhibit A is to be completed as provided for in the work schedule attached hereto as
Exhibit B; provided however, that additional time shall be granted by the City for excusable
delays or extra work as provided for in Section IX.A of this agreement.
III. Compensation: In consideration of the services provided pursuant to this Agreement, the
City shall pay Consultant in an amount not to exceed $44,835. Consultant's charges and bills
shall conform to the fee schedule attached hereto as Exhibit C and incorporated herein by this
reference.
The Consultant shall submit regular billing statements detailing work performed and
amount charged on each task or portion thereof. The descriptions shall conform to and fall
within the categories set out in the Scope of Work and/or Fee Schedule. Upon receipt of a
conforming billing statement, the City shall promptly process payment. PROVIDED,
HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay
work tasks under the time frame set forth in Section Il herein. The Consultant's labor rates and
billing fees shall be as delineated in Exhibit C.
Consultant shall not perform work beyond the Scope of Work, nor shall be compensated
for such work, unless the Scope of Work or amount of compensation is modified pursuant to this
Agreement. Consultant shall only be compensated for additional services if requested pursuant
to Section I and, if not otherwise provided, such compensation shall be in accordance with
Exhibit C.
If a billing statement does not conform to this Agreement, the City may withhold
payment until the statement is brought into compliance. Such withholding does not relieve
Consultant of its obligations under this Agreement.
Bremerton/ FCS
GFC Update
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IV. Relataonship of Parties: Consultant represents that it is skilled in the matters addressed
in the Scope of Work and is performing independent functions and responsibilities within its
field of expertise. Consultant and its personnel are independent Consultants and not employees
of the City. Consultant and its personnel have no authority to bind the City or to control the
City's employees and other Consultants. None of the benefits provided by the City to its
employees, including, but not limited to, compensation, insurance, and unemployment insurance
are available from the City to the employees, agents, representatives, or sub-Consultants of the
Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of
Consultant's agents, employees, representatives and sub-Consultants during the performance of
this Agreement. The City may, during the term of this Agreement, engage other independent
Consultants to perform the same or similar work.
As an independent Consultant, Consultant is responsible for its own management. The
City's administration and enforcement of this Agreement shall not be deemed an exercise of
managerial control over Consultant or its personnel.
As an independent Consultant, Consultant is responsible for payment of all taxes and
licensing fees necessary to perform its obligations under this Agreement. These taxes and fees
include but are not limited to State industrial insurance, Business & Occupation, State
professional licensing, and City business licensing. If any taxes or fees due the City have been
declared delinquent, the City may withhold the delinquent amount, plus any additional charges
arising from the delinquency, from any payments due Consultant.
V. Indemnification:
A. Consultant shall defend, indemnify and hold the City, its officers, officials,
employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or
suits, including all legal costs and attorney fees, arising out of or in connection with Consultant's
performance of this Agreement, unless Consultant is conducting work pursuant to Subsection B
below.
The City's review or acceptance of any of the work when completed shall not be grounds
to avoid any of these covenants of indemnification.
B. Architects En and Anv Other Professional Listed In and Performin�
Services Defined in RCW 42.24.115: Should a court of competent jurisdiction determine that
Consultant's services provided pursuant to 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 Consultant and the City, its officers,
officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to
the extent of the Consultant's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S
WAIVER OF IMMUNITY UNDER 1NDUSTRIAL INSUR.ANCE, TITLE 51 RCW, SOLELY
Bremerton/ FCS
GFC Update
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FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER
ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this Agreement.
VI. Insurance: The 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 Consultant, its agents,
representatives, employees, sub-consultants or sub-Consultants.
Before beginning work on the project described in this Agreement, the Consultant shall
provide a Certificate of Insurance evidencing:
1. Automobile Liability insurance with limits no less than $1,000,000 combined single
limit per accident for bodily injury and property damage; and
2. Commercial General Liability insurance written on an occurrence basis with limits no
less than $1,000,000 combined single limit per occurrence and general aggregate for
personal injury, bodily injury and property damage. Coverage shall include but not be
limited to: blanket contractual; products/completed operations/broad form property
damage; explosion, collapse and underground (XCU) if applicable; and employer's
liability; and
3. Excess Liability insurance with limits not less than 1,000,000 limit per occurrence and
aggregate.
4. Professional Liability insurance with limits no less than $1,000,000 limit per
occurrence/claim.
Any payment of deductible or self-insured retention shall be the sole responsibility of the
Consultant.
All required policies shall be provided on an "occurrence" basis except professional
liability insurance (if required), which may be provided on a"claims-made" basis.
The City shall be named as an additional insured on the Commercial General Liability
insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an
endorsement that is acceptable to the City, which names the City as an additional insured shall be
attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of
all the required insurance policies and endorsements. The City further reserves the right to reject
any unacceptable policies and/or endorsements.
The Consultant's Commercial General Liability insurance shall contain a clause stating
that coverage shall apply separately to each insured against whom claim is made or suit is
brought, except with respects to the limits of the insurer's liability.
The Consultant's insurance shall be primary insurance as respects the City and it shall be
an affirmative obligation upon Consultant to advise the City's Risk Manager by fax at (360) 473-
5161, or by certified mail, return receipt requested to City of Bremerton, Attn: Risk
Bremerton/ FCS
GFC Update
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Management, 345 6` Street, Suite 600, Bremerton, WA 98337 within two days of the
cancellation, suspension or substantive change of any insurance policy set out herein, and failure
to do so shall be construed to be a breach of this Agreement.
The City also reserves its unqualified right to require at any time and for any reason,
proof of coverage in the form of a duplicate of the insurance policy with all endorsements as
evidence of coverage.
VII. General Conditions:
A. Reports and Information: When requested by the City, Consultant shall furnish
periodic reports and documents on matters covered by this Agreement. The reports and
documents shall be furnished in the time and form requested. Consultant shall maintain
accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to
substantiate all billed amounts.
B. Ownership and Use of Records and Documents: Original documents, drawings,
designs and reports, including those in electronic format, developed under this Agreement are the
property of the City. All written information submitted by the City to the Consultant in
connection with the services performed by the Consultant under this Agreement will be
safeguarded by the Consultant to at least the same extent as the Consultant safeguards like
information relating to its own business. If such information is publicly available or is already in
Consultant's possession or known to it, or is rightfully obtained by the Consultant from third
parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise.
All data, documents and files created by Consultant under this Agreement may be stored
at Consultant's office in Redmond, Washington. Consultant shall make such data, documents,
and files available to the City upon its request at all reasonable times for the purpose of editing,
modifying and updating as necessary until such time as the City is capable of storing such
information in the City's offices. Duplicate copies of this information shall be provided to the
City upon its request, and at reasonable cost.
All documents, including all reports, drawings, specifications, computer software or other
items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service
with respect to the project and are the property of the City. Any reuse by the City for other than
the specific purpose intended will be at City's sole risk.
C. Work Performed at Consultant's Risk: Consultant shall take all precautions
necessary and shall be responsible for the safety of its employees, agents, and sub-consultants in
the performance of the work hereunder and shall utilize all protection necessary for that purpose.
All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss
of or damage to materials, tools, or other articles used or held for use in connection with the
work.
D. Place of Work: The Consultant shall perform the work authorized under this
Agreement at its offices in Redmond_, Washington. Meetings with the City staff as described
Bremerton/ FCS
GFC Update
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in Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually
agreed upon by the parties.
E. Entire A�reement: This Agreement and its Exhibits constitutes the entire
agreement between the Parties, and the Parties acknowledge that there are no other agreements,
written or oral, that have not been set forth in the text of this Agreement.
F. SeverabilitY: Should any part of this Agreement be found void, the balance of the
Agreement shall remain in full force and effect.
G. Modification: This Agreement may only be modified by written instrument signed
by both Parties.
H. Written Notices: All communications regaxding this Agreement shall be sent
to the parties at the addresses listed below by registered or lst class mail, or by personal service,
and shall be deemed sufficiently given if sent to the addressee at the address stated in this
Agreement or such other address as may be hereafter specified in writing.
City Address Consultant Address
Director, Public Works and Utilities Project Manager, FCS Group
100 Oyster Bay Avenue N Redmond Town Center Suite D-215
Bremerton, WA 98312 7525 160` Ave NE
Redmond, WA 98052
I. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a
waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be
deemed waiver of any other right or power.
J. Non-Waiver of Breach: The failure of the City to insist upon strict performance of any
of the covenants and agreements contained herein, or to exercise any option herein conferred in
one or more instances shall not be construed to be a waiver or relinquishment of said covenants,
agreements or options, and the same shall be and remain in full force and effect.
K. Compliance with Laws: Consultant shall comply with all applicable Federal, State,
and local laws in performing its obligations under this Agreement.
L. Choice of Law and Venue: This Agreement shall be interpreted according to the laws
of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement
shall be brought in Kitsap County Superior Court.
M. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions
herein, each party shall pay all its own costs and attorney's fees.
N. Assi n� Any assignment of this agreement by the Contractor without the written
consent of the City shall be void.
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GFC Update
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VIII. Nondisc� Consultant shall not discriminate in employment or services to the
public on the basis of race, color, national origin, sex, religion, age, marital status, disability, or
sexual orientation except for employment actions based on bona fide occupational qualification.
IX. Termination: This Agreement shall remain in force until completion and acceptance of
the services, terminated by written instrument upon mutual consent, or by the City of Bremerton
for convenience. This Agreement may be immediately terminated for cause by a Party if the
other Party substantially fails to perform through no fault of the terminating Party, and the non-
performing Party does not commence conection of the failure of performance within thirty (30)
days of the terminating Party's sending notice to the non-performing Party. Any Notice by
Consultant shall include a report showing the status of all items listed in the Scope of Work
current through the termination date.
If the City receives reimbursement by any federal, state, or other source for work described in
Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is
cancelled or substantially reduced after the execution date of this Agreement and prior to the
completion of the work, the City may summarily terminate this Agreement.
A. Excusable DelaYs: The right of Consultant to proceed shall not be terminated nor shall
Consultant be charged with liquidated damages for any delays in the completion of the work due
to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials,
equipment, tools, or labor by reason of war, national defense, or other national emergency; 2)
any acts of the City, its consultants, or other public agencies causing such delay; and 3) causes
not reasonably foreseeable by the parties at the time of the execution of the Agreement that are
beyond the control and without the fault or negligence of the Consultant, including, but not
restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED,
HOWEVER, that the Consultant must promptly notify the City within ten (10) calendar days in
writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement,
the delay is properly excusable, the City shall, in writing, extend the time for completing the
work for a period of time commensurate with the period of excusable delay.
B. Ri h� ts Upon Termination: In the event of termination, the City shall pay for all
services performed by the Consultant to the effective date of termination, as described on a final
invoice submitted to the City. After termination, the City may take possession of all records and
data within the Consultant's possession pertaining to this project which may be used by the City
without restriction. Any such use not related to the project which Consultant was contracted to
perform shall be without liability or legal exposure to the Consultant.
X. Suspension & Debarment. For contracts involving Federal funding, Consultant hereby
certifies, by signing this agreement, that neither it nor its principals are presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any Federal department or agency. Consultant shall provide
immediate written notice to the City if at any time it learns that it is or has become ineligible for
certification. Should Consultant enter into a covered transaction with another firm, Consultant
agrees by signing this agreement that it will verify that the firm with whom it intends to do
business is not debarred, suspended, ineligible, excluded or disqualified.
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CITY OF BREMERTON
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Approv as to form:
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R:\Legal\Legal\ContractsU'ORMS\Profcssional Services Agrecment Form (2012).doc
Bremerton/ FCS
GFC Update
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Exhibit A:
CITY OF BREMERTON
SCOPE OF SERVICES
The following scope of services has been developed to meet the needs expressed during the February
25, 2014 telephone discussion with City Staff. The services to be provided as part of this Water,
Sewer, Stormwater GFC Update and Review/Update Other Fees and charges are described below:
TASK 1 - DATA COLLECTION:
Prepare an initial data request identifying financial, asset, capital and planning documents pertinent
to the performance of the study. Review, analyze, and validate data as necessary for use in
formulating the technical analyses. Follow up with requests for any additional items or explanations
as necessary.
TASK2-GENERALFACILITYCHARGE (GFC) UPDATE
The regular update of GFCs is instrumental in capturing the proper value of the existing
infrastructure used to provide utility service. The GFC update will calculate both the existing system
facilities and future facilities related to growthh. The calculations will comply with applicable state
law. Key tasks include:
• Update the existing cost basis including the original cost of existing system assets (net of
donated facilities), plus applicable interest (carrying costs) on those assets. The calculation will
use the most recent year-end infrastructure values as a basis.
• The future cost basis includes future capital improvement projects planned within the next 10
years and identified in a comprehensive plan. We will work closely with the City staff to allocate
capita! projects to existing and future customers.
• Develop existing and future customer basis over which the cost basis is to be allocated.
This includes an analysis of existing customers, planned growth in the customer base, and
system capacity.
• Calculate the maximum allowable GFC and develop a proposed schedule of charges.
TASK 3 REVIEW/UPDATE OTHER FEES/CHARGES
The City charges other miscellaneous fees and charges for services such as connection/inspection
fees, field services, wet tapping, meter reinstallation, activation, cross connection, flow and pressure
testing, utility plant locates and others. These fees and charges provide additional revenue to offset
the total related expenses of the system. This task will compile a list of the other fees and charges
assessed by the City. We will determine the key drivers to be recovered from each charge, such as
staff labor time and/or materials in order to select the appropriate analytical method for caiculating or
recalibrating the charges. New applicable charges, if any, will be calculated for consideration.
TASK 4- PROJECT REVIEW MEETINGS
The project anticipates one (1) onsite internal review meeting and two (2) Go-To-Meeting review
sessions to finalize the analysis. Go-To-Meeting allows all parties to view documents via an
Internet connection and see edits and changes made to a shared documentnt in real time. This
method eliminates the need for travel thereby offering budget savings
TASK 5 - DOCUMENTATION
Craft a written report that summarizes the GFC study process, key assumptions, findings and
recommendations.
Exhibit B: SCHEDULE
The capital improvement plans are anticipated to be approved by July 1, 2014. The analysis should
be completed before October 31, 2014 to allow sufficient time for a January 1, 2015 effective date of
implementation.
Exhibit C:
BUDGET
The total proposed level of effort to complete the GFC update and Review/Update of Other Fees
and Charges is summarized below. If we have scaled our approach out of line with the City's
expectations, we would be more than happy to negotiate the appropriate level of effort.
rask � � � � � [��'� t� oo�.j�o
Howl Billin Rates: i r
General Facility Charge (GFC) Updateas - - - a 2 6 $650
Task 1 - Dafa Collection -
Task 2- General Facility Charge Calculations 8 - 14 40 - 62 $9,070
- Water 8 - 12 36 - 56 8,240
- Wastewater 4 - 10 28 - 42 6,030
- Storm
Toial GFC Uupdate 20 - 36 108 2 166 $23,990
Task 3- Review/Uupdate Other Fees and Charges 2 16 - 40 - 58 $8,960
Task 4- Meetings/Presentations 4 - 4 4 - 12 $2,040
- 1 Internal Review Meetmg Onsite 4 4 4 2 - 14 2,670
- 2 GotoMeetings - 2 hours each
Total Meetings 8 4 8 6 - 26 $4,710
Task 5- Documentafion (GFCs� 4 - 22 8 2 36 $5,660
TOTAL LABOR 34 20 66 162 4 286 $43,320
EXPENSES $1,430
Technology Fee ($5.00 per hour� $85
Travel �l onsite meeting�
TOTAL LABOR AND EXPENSE BUDGET 34 10 66 162 4 286 $44,835