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Augusta Richmond GA
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STATE OF GEORGIA
AUGUSTA-RICHMOND COUNTY
GENERAL
CONSULTANT SERVICES AGREEMENT
BETWEEN
AUGUSTA, GEORGIA
(C ITY)
AND
CONSULTANT
CONSULTANT: Quest Engineers, Inc.
PROJECT: Operations Management International, Inc. (OMI) WPCP Contract Operations Agreement
Performance Audit - RFQ Item 04-059
DATE EXCECUTED:
DATE COMPLETED:
Revision Dale: February 7, 2001
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AUGUSTA, GEORGIA
(CITY)
STANDARD AGREEMENT FOR GENERAL PROFESSIONAL
SERVICES TO BE FURNISHED TO THE AUGUSTA
UTILITIES DEPARTMENT
CITY'S ADDRESS:
AUGUSTA UTILITIES DEPARTMENT
360 Bay Street, Suite 180
Augusta, GA 30901
PROJECT NAME
CONSULTANT
aMI WPCP Contract 0
Quest En ineers, Inc.
CONSULTANT'S
ADDRESS:
2517 Sir Barton Way
Lexington, KY 40509
CITY and CONSULTANT have agreed that CONSULTANT will perform the following Scope of Service, which are part of the
PROJECT identified above. The Scope of Service covered by this AGREEMENT will be performed in accordance with the
Provisions included within this form and any attachments or schedules. This AGREEMENT supersedes all prior agreements
and understandings and may only be changed by written amendment executed by both parties. CONSULTANT will proceed
with Sco e of Service followin 0 en recei t of Notice to Proceed.
Scope Of Services:
See Attachment NO.1
Compensation:
Based u on "CONSULTANT SERVICES" Attached hereto the com ensation will be:
Lum sum fee of $32,000 broken down b task in Attachment NO.2.
Other Terms:
Time Frame - Com letion shall be u to 8 weeks from Notice to Proceed from the Cit
Attachment No.3, but no later than June 1, 2004.
The following attachments are hereby
made a part of this AGREEMENT:
Attachment No.1 - Scope of Services
Attachment NO.2 - Consultant Services Fee Breakdown By Task
Attachment NO.3 - Completion Schedule
2
Revision Dale: February 7, 2001
I
N WITNESS WHEREOF, said parties have hereunto set their seals the day and year written below:
BY:
AUGUSTA, GEORGIA (CITY)
~~ ::INTEDN~tzS
CONSULTANT: Quest E
PRINTED NAME:
TITLE: MAYOR
TITLE:
Vice President
DATE:
May 6, 2004
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Copy To:
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AUGUSTA UTILITIES DEPARTMENT
360 Bay Street, Suite 180
Augusta, GA 30901
3
Revision Dale: February 7, 2001
....
GENERAL PROVISIONS
ARTICLE 1. TERMS OF PAYMENT
1.1 Invoicing
CONSULTANT may submit invoices to CITY for progress
payments not more than once each month. Such invoices
will represent the value of the completed Scope of Services
and will be prepared in a form and supported by
documentation as CITY may reasonably require. Invoices
will be reviewed and approved by PROGRAM MANAGER
before submittal to CITY.
1.2 Final Payment
Upon completion of the Scope of Services CONSULTANT
will notify CITY, in writing, that the Scope of Services is
complete and that final payment is due, if the Scope of
Services has been completed in accordance with this
AGREEMENT. The final invoice to the CITY shall be clearly
noted as "Final Invoice."
1.3 Liens
CONSULTANT will promptly pay for all services, labor,
materials, and equipment used or employed by
CONSULTANT in the Scope of Services and will maintain all
materials, equipment, structures, buildings, and premises
free and clear of mechanic's or other liens. CONSULTANT
will, upon completion of the Scope of Services and before
final payment is due, furnish CITY with reasonable evidence
that all services, labor, materials, and equipment have been
paid in full.
ARTICLE 2. OBLIGATIONS OF CONSULTANT
2.1 Independent Contractor
CONSULTANT is an independent contractor and will
maintain complete control of and responsibility for its
employees, subcontractors, and agents. CONSULTANT
shall also be solely responsible for the means and methods
for carrying out the Scope of Services and for the safety of
its employees.
2.2 Lower Tier Subcontractors
2.2.1 The names of any proposed or existing
subcontractors to CONSULTANT who will perform a portion
of the Scope of Services (Lower Tier Subcontractor) must
be submitted to and approved in advance in writing by CITY.
CONSULTANT will bind all Lower Tier Subcontractors to the
Provisions of this AGREEMENT.
2.2.2 Neither this AGREEMENT nor any Lower Tier
Subcontract will create any contractual relationship between
any Lower Tier Subcontractor and CITY, nor any liability of
CITY to any Lower Tier Subcontractor.
2.3 Performance
2.3.1 The standard of care for all services performed or
furnished by CONSULTANT under this Agreement will be
the level of care and that is ordinarily used by members of
CONSULTANT'S profession practicing under similar
conditions. If such deficiencies are not corrected in a timely
manner, CITY may cause the same to be corrected and
deduct costs incurred from CONSULTANT's compensation.
2.3.2 Results reported from any laboratory Services may
undergo contract compliance and quality assurance reviews
by CITY. For analyses that fail either of these reviews, the
laboratory will be required, without further compensation, to
reanalyze the samples to meet these requirements. If
reanalyzes is not possible, the laboratory will not be paid for
the deficient analyses.
2.4 Insurance
2.4.1 CONSULTANT will maintain throughout this
AGREEMENT the following insurance:
(a) Worker's compensation insurance in accordance with
the laws of the State of Georgia.
(b) Public Liability Insurance - covering claims for injuries
to members of the public or damage to property of
others arising out of any covered negligent act or
omission of CONSULTANT or of any of its
employees, agents, or subcontractors, with
$1,000,000 per occurrence and in the aggregate.
(c) Valuable Papers Insurance - in an amount sufficient
to assure the restoration of any plans, drawing,
field notes, or other similar data relating to the work
covered by the Project.
(d) Professional Liability insurance - in an amount of not
less than $1,000,000.
2.4.2 Insurance coverage in 2.4.1 (b) and (c) above will
name CITY and CONSULTANT as additional insureds. Such
insurance will be the primary coverage to CITY.
2.4.3 Before commencing Work under this contract,
CONSULTANT will furnish CITY with certificates of
insurance verifying coverages and additional insureds.
Certificates also will state that the insurance carrier will give
CITY thirty (30) days notice of any insurance cancellation or
material alteration.
2.5 Responsibility for Claims and Liability
The CONSULTANT shall be responsible for any and all
damages to properties or persons caused by its employees,
subcontractors, or agents, and shall hold harmless the
CITY,its officers, agents and employees from all suits,
claims, actions or damages of any nature whatsoever to the
extent found to be resulting from the Consultant, its
subcontracts, or agent in the negligent performance or non-
performance of work under this Agreement. i These
indemnities shall not be limited by reason of the listing of
any insurance coverage.
2.6 Codes, Laws, and Regulations
Revision Date: February 7, 2001
.~
CONSULTANT will comply with all applicable codes, laws,
regulations, standards, and ordinances applicable in the
State of Georgia, in force during the term of this
AGREEMENT.
2.7 Permits, Licenses, and Fees
CONSULTANT will obtain and pay for all permits and
licenses required by law that are associated with
CONSULTANT's performance of the Scope of Services.
2.8 Confidentiality
The CONSULTANT agrees that its conclusions and any
reports are for the confidential use and information of the
CITY and that it will not disclose its conclusions in whole or
in part to any persons whatsoever, other than to submit its
written documentation to the CITY, and will only discuss the
same with it or its authorized representatives. Upon
completion of this Agreement term, all documents, drawings,
reports, maps, data and studies prepared by the
CONSULTANT pursuant thereto shall become the property
of the CITY and be delivered thereto.
Articles, papers, bulletins, reports, or other materials
reporting the plans, progress, analyses, or results and
findings of the work conducted under this Agreement shall
not be presented publicly or published without prior approval
in writing of the CITY.
2.9 Open Records
CONSULTANT acknowledges that all records relating to this
Agreement and the services to be provided under the
contact may be a public record subject to Georgia Open
Records Act (O.C.GA 9 50-18-70, et seq.). CONSULTANT
shall cooperate fully in responding to such requests and
making all records, not exempt, available for inspection and
copying as provided by law.
2.10 Key Personnel
Designate in writing a person to act as the CONSULTANT'S
representative with respect to the services to be rendered
under this agreement. Such person shall have complete
authority to transmit instructions, receive information,
interpret and define the CITY's policies and decisions with
respect to the CONSULTANT'S services for this part of the
project.
All professional personnel, including subcontractors,
engaged in performing services for the CONSULTANT
under this agreement are indicated in a personnel listing
attached hereto as Attachment C - Listing of Key Personnel
and incorporated herein by reference. No changes or
substitutions shall be permitted in the CONSULTANT's Key
Personnel without the prior written approval of the CITY or
his designee.
The CONSULTANT represents that it has secured or will
secure, at its own expense, all personnel necessary to
complete this Agreement; none of whom shall be employees
of, or have any contractual relationship with, the CITY. All of
the services required hereunder will be performed by the
CONSULTANT under its supervision, and all personnel
engaged in the work shall be qualified and shall be
authorized or permitted under law to perform such services.
2.11 Ownership, Publication, Reproduction and Use
All documents and materials prepared pursuant to this
Agreement are the property of the CITY. The CITY shall
have the unrestricted authority to publish, disclose,
distribute, and otherwise use, in whole or in part, any
reports, data, maps, or other materials prepared under this
Agreement without according credit of authorship. The CITY
shall hold harmless the CONSULTANT against all claims
arising out of such use of documents and materials without
the CONSULTANT's knowledge and written consent.
One legible copy each of all laboratory, field, or other notes,
log book pages, and technical data, computations, designs
and other instruments of service prepared under the terms
of this AGREEMENT will be delivered by CONSULTANT to
CITY upon completion of the Scope of Services.
2.12 Access to Records
CONSULTANT will maintain accounting records, in
accordance with generally accepted accounting principles
and practices, to substantiate all invoiced amounts. Said
records will be available for examination by CITY during
CONSULTANT's normal business hours for a period of 3
years after CONSULTANT's final invoice to the extent
required to verify the costs incurred hereunder.
2.123 Suspension of WORK
CONSULTANT will, upon written notice from CITY, suspend,
delay, or interrupt all or a part of the Scope of Services. In
such event, CONSULTANT will resume the Scope of
Services upon written notice from CITY, and an extension of
time and/or an equitable adjustment in compensation, if
appropriate, will be mutually agreed upon.
2.14 Schedule
The CONSULTANT must meet the schedule specified in the
Scope of Services. A detailed performance schedule will be
specified as part of the work authorization. During the
performance of work, should the CONSULTANT or CITY
estimate that CONSULTANT will fail to meet a mutually
agreed upon schedule or time of completion and
CONSULTANT does not propose a solution satisfactory to
CITY, CITY may require CONSULTANT to implement any or
all of the following:
(1) Extend its working day to 10 hours or more
(2) Extend its working week to 6 or 7 days
(3) Increase the labor force
(4) Provide and utilize additional equipment and facilities.
CONSULTANT will continue the accelerated services until
such time as CITY determines that progress conforms to the
schedule completion time. All additional costs of the
accelerated effort will be borne solely by CONSULTANT
unless a change in Scope of Services can be shown.
2
Revision Date: February 7, 2001
2.15 Monthly Progress Report
CONSULTANT will provide, if requested by CITY, a monthly
progress report to CITY in a form and covering informatio~
as required by CITY. Refusal by the Consultant to submit
progress reports and/or plans shall be cause to ~ithh~ld
payment to the Consultant until the Consultant complies with
the CITY's request in the regard.
2.16 Observation of the Work
CITY reserves the right, but not the obligation, at all
reasonable times to inspect or otherwise evaluate the
Services performed or being performed by CONSULTANT
and the premises on which it is being performed.
2.17 Working Files
CONSULTANT will maintain files containing all deliverable
documentation including calculations, assumptions,
interpretations of regulations, sources of information, and
other raw data required in the performance of this
AGREEMENT. CONSULTANT will provide copies of the
information contained in its working files to CITY upon
request of CITY.
2.18 Communications with CITY
All of CONSULTANT's written or verbal communication with
or to federal, state, or local agencies, relative to Services
under this AGREEMENT must be through or with the
knowledge of CITY or Program Manager.
2.19 Safety
CONSULTANT is solely responsible for health and safety of
its own employees and its subcontractors. CONSULTANT
will comply with any owner or site controlling contractor's
health and safety plan. CONSULTANT will comply with all
applicable federal, state and local laws and regulations
related to health and safety.
2.20 Program Manager
Program Manager- means the representative of the CITY
who shall act as Liaison between the CITY and the
CONSULTANT for all matters pertaining to this Agreement,
including review of CONSULTANT's plans and work.
ARTICLE 3. OBLIGATIONS OF CITY
3.1 Timely Review
CITY will examine CONSULTANT's studies, reports,
proposals, and other project-related documents and render
decisions required by CONSULTANT in a timely manner.
3.2 Prompt Notice
CITY will give written notice to CONSULTANT whenever
CITY observes or becomes aware of any development that
affects the scope or timing of CONSULTANT's Scope of
Services, or any defect in the Services of CONSULTANT.
3.3 Technical Guidance and Information Transfer
3.3.1 CITY may, at its sole discretion, provide technical
guidance on subcontract performance. Technical guidance
may include:
(a) Guidance that assists CONSULTANT in
accomplishing the Scope of Services.
(b) Review comments on deliverables.
(c) Copies of technical guidance documents relative to
Services under this AGREEMENT, as they are
made available to CITY.
Technical guidance will be issued in writing or, after verbal
issuance, confirmed in writing.
3.3.2 CITY may also, at its sole discretion, provide
CONSULTANT with documents, forms, procedures,
agreements, and other items specifically developed for use
on this PROJECT for CONSULTANT's information.
CONSULTANT agrees to assume the full liability arising out
of the improper use of any information provided by CITY.
3.4 Furnished Data
CITY will provide CONSULTANT technical data in its
possession, including, but not limited to, previous reports,
maps, surveys, borings, and other information relating to
CONSULTANT's Scope of Services on the PROJECT.
CONSULTANT may reasonably rely upon the accuracy of
the information provided by CITY.
3.5 Changes
3.5.1 CITY may, by written order only, make changes,
revisions, additions, or deletions (collectively hereinafter
called "changes") in the Scope of Services. CONSULTANT
will not proceed with any changes unless notified to proceed
in writing by CITY.
3.5.2 Nothing herein will be construed as relieving
CONSULTANT of its obligations to perform, including
without limitation, the failure of the parties to agree upon
CONSULTANT entitlement to, or the amount of, any
adjustment in time or compensation.
3.5.3 Any claim by CONSULTANT for an adjustment
under this paragraph must be asserted in writing fully
supported by factual information to CITY, within 30 ~ays
from the date of receipt by CONSULTANT of the written
change authorization from CITY or within such extension of
that 3D-day period as CITY, in its sole discretion, may grant
in writing at CONSULTANT's request prior to expiration of
said period.
3.5.4 If the Scope of Services is reduced by changes,
such action will not constitute a claim for damages based on
loss of anticipated profits.
ARTICLE 4. GENERAL LEGAL PROVISIONS
4.1 Proprietary Information
Except when otherwise authorized in writing by CITY, all
drawings, specifications, technical data, and other
information furnished to CONSULTANT either by ,CITY or
CLIENT or developed by CONSULTANT or o~hers in
connection with the Services rendered are, and willi remain,
the property of CITY, and may not be copied or otherwise
reproduced or used in any way except in connection with
the Scope of Services, or disclosed to third parties or used
in any manner detrimental to the interest of CITY.
4.2 Assignments
3
Revision Dale: February 7, 2001
This is a bilateral Consultant Services Agreement. Neither
party shall have the power to or will assign any of the duties
or rights or any claim arising out of or related to this
AGREEMENT, whether arising in tort, contract or otherwise,
without the written consent of the other party. Any
unauthorized assignment is void and unenforceable. These
conditions and the entire AGREEMENT are binding on the
heirs, successors, and assigns of the parties hereto.
4.3 Force Majeure
Neither party to this AGREEMENT will be liable to the other
party for delays in performing the Scope of Services, or for
the direct or indirect cost resulting from such delays, that
may result from acts of God, acts of governmental
authorities, extraordinary weather conditions or other natural
catastrophes, or any other cause beyond the reasonable
control or contemplation of either party. Each party will take
reasonable steps to mitigate the impact of any force
majeure. CITY will adjust the schedule and compensation
under this AGREEMENT to the extent that CONSULTANT's
schedule and compensation are equitably adjusted by City.
4.4 Authorization to Proceed
Execution of this AGREEMENT by CITY will be authorization
for CONSULTANT to proceed with the Scope of Services,
unless otherwise provided for in this AGREEMENT.
4.5 No Third Party Beneficiaries
This AGREEMENT gives no rights or benefits to anyone
other than CONSULTANT and CITY and has no third-party
beneficiaries.
4.6 Jurisdiction
The law of the State of Georgia shall govern the
CONTRACT between CITY and CONSULTANT, with regard
to, its interpretation and performance, and any other claims
related to this Agreement. All claims, disputes and other
matters in question between the CITY and CONSULTANT
arising out of or relating to the Agreement, or the breach
thereof, shall be decided in the Superior Court of Richmond
County, Georgia. The CONSULTANT, in executing this
Agreement, specifically consents to jurisdiction and venue in
Richmond County and waives any right to contest the
jurisdiction and venue I the Superior Court of Richmond
County, Georgia. ("..
4.7 Termination
4.7.1 Termination for Convenience
The CITY may terminate this contract in part or in whole
upon written notice to the CONSULTANT. The
CONSULTANT shall be paid for any validated services
under this Contract up to the time of termination.
4.7.2 Termination for Default
If through any cause, the CONSULTANT shall fail to fulfill in
a timely and proper manner its obligations under this
Agreement, or if the CONSULTANT shall violate any of the
covenants, agreements or stipulations of this Agreement.
CONSULTANT will be given the opportunity to commence
correction of obligation within 5 days of written notice and
diligently complete the correction thereafter. Failure to
maintain the scheduled level of effort as proposed and
prescribed, or deviation from the aforesaid schedule without
prior approval of the CITY, shall constitute cause for
termination. The CITY shall thereupon have the right to
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terminate this Agreement by giving written notice to the
CONSULTANT of such termination, and specifying the
effective date thereof, at least five (5) days before the
effective date of such termination. In such event, all finished
or unfinished documents, maps, data, studies, work papers
and reports prepared by the CONSULTANT under this
Agreement shall become the property of the CITY, and the
CONSULTANT shall be entitled to receive just and equitable
compensation for any satisfactory work completed on such
documents, as mutually agreed by the CITY and
CONSULTANT.
4.8 Conflict of Interest
4.8.1 Conflict of Interest: The CONSULTANT agrees
that it presently has no interest and shall acquire no interest,
direct or indirect, that would conflict in any manner or degree
with the performance of its services hereunder. The
CONSULTANT further agrees that, in the performance of
the Agreement, no person having such interest shall be
employed.
4.8.2 Interest of Public Officials: No member, officer,
or employee of the CITY during his tenure or for one year
thereafter, shall have any interest, direct or indirect, in this
Agreement or the proceeds thereof.
4.8.3 Emplovment of CITY's Personnel: The
CONSULTANT shall not employ any person or persons in
the employ of the CITY for any work required by the terms of
the Agreement, without the written permission of the CITY
except as may otherwise be provided for herein.
Revision Date: February 7, 2001
Attachment No.1
Project Scope
The following project scope is based upon Quest staffs project understanding and includes
tasks contained in Quest's Statement of Qualifications and subsequent presentation.
Project Objectives
· Evaluate OMI's compliance with the requirements of the operations agreement.
· Determine if Augusta received appropriate value from execution of the operations
agreement.
· Compare the status of Augusta's facilities and programs today relative to their status
as documented in the 1998 Georgia Environmental Protection Division (EPD) and
U.S. Environmental Protection Agency (EPA) performance audits.
Project Tasks
1 . Background Information Review - Review the following project
background information:
· Augusta/OMI Operations Agreement including all amendments
· Georgia EPD 1998 Performance Audit for each water pollution control
plant (WPCP)
· U.S. EPA 1998 Performance Audit for each WPCP
· Engineering Drawings, Specifications, and Design Information
· WPCP Flow Schematics
· Discharge Monitoring/Monthly Operating Reports
· Biosolids Production Information
· Plant Organization Chart
· NPDES Permits for each WPCP
· Any other related information/reports
2 A. Kickoff Meeting - Attend kickoff meeting with Augusta Utilities
Department staff to initiate the field data collection and site visit phase of the
project as follows:
· Discuss the project approach with operations/maintenance staff.
· Coordinate operations/maintenance staff briefing schedules to minimize
work disruption.
· Review available onsite design/operations documentation for each
WPCP.
2 B. Plant Tours - Visit and evaluate both the James. B. Messerly (46.1 MGD
capacity) and the Spirit Creek (2.24 MGD capacity) WPCPs as follows:
1
· Tour each WPCP with plant superintendents.
· Review all major equipment/treatment processes and evaluate
conformance with design standards and accepted industry operating
criteria.
· Collect any outstanding background information identified in Task 1.
3. Data Gathering/Interviews - Conclude background information data
gathering and complete interviews with operations/maintenance staff:
· Obtain field data for individual treatment processes to evaluate process
behavior.
· Review historical WPCP discharge monitoring and monthly operating
reports to determine if WPCPs are performing in accordance with NPDES
requirements.
· Review WPCP operating criteria and objectives.
· Evaluate existing WPCP equipment for optimal operating efficiency and
ability to control individual processes.
· Interview WPCP staff to obtain historical treatment information and
operating criteria, as well as other data pertinent to the reviews and
evaluations.
· Evaluate staffing levels, operator skill level, and shift coverage based
upon accepted industry practices.
4. Data Review/Matrix Development - Complete data reVIew and matrix
development which includes the following elements:
· Identify current operations and maintenance responsibilities.
· Determine extent OMI achieved expectations for individual tasks.
· Assign an overall performance grade.
5. Agreement Compliance - Evaluate actual OMI performance compared to
the contract operations agreement goals and requirements.
6. EPDIEP A Audit Comparison - Compare performance audit for each WPCP
being developed under this agreement with both the 1998 Georgia EPD and
U.S. EP A performance audits.
7. Value Received Matrix - Develop value received matrix for key evaluation
parameters outlined in Section 2 - Scope of OMI Services of the July 20,
1999 Agreement for Operations Maintenance and Management Services
between the City of Augusta and OM!.
8. Audit Reports - Complete a perfonnance audit report, which summarizes the
project findings and analysis as follows:
· Include a summary of data collected.
· Identify individual performance tasks.
· Compare operations and maintenance of each WPCP.
2
. Present a value-received matrix for the key operations parameters
presented in Task 7.
· Determine overall value of operations agreement.
. Compare plant operation costs with accepted standard WPCP operating
costs.
. Submit a written draft report of the evaluations and recommendations to
Augusta Utilities Department (and OMI). Review the evaluations with
plant personnel and edit the draft report accordingly.
· Submit a fmal report of the study findings and recommendations.
Deliverables
· Quest will provide fifteen (15) copies of the audit report. The report will also be
delivered on a compact disc.
· Report will include photographs of major treatment processes at each WPCP.
· Quest staff will participate in a minimum of three (3) Management Advisory
Committee (MAC) meetings during the project. A fourth MAC meeting may be
held as determined by the City at the completion of the performance audit.
Information to be Provided by City
· Augusta/OMI Operations Agreement including all amendments.
· Georgia EPD 1998 WWTP Performance Audit for ach WPCP.
· U.S. EPA 1998 WWTP Performance Audit for each WPCP.
. Engineering Drawings, Specifications, and Design Information.
· WPCP Flow Schematics.
· Discharge Monitoring/Monthly Operation Reports.
· Biosolids Production Information.
· Plant Organization Chart.
· NPDES Permit for each WPCP
. Any other related information/reports
3
Attachment No.2
Consultant Services Fee
Breakdown by Task
Task Fee
1 Background Information Review $2,750
2A Kickoff Meeting 400
2B Plant Tours 600
3 Data Gathering/Interviews 7,950
4 Data Review/Matrix Development 6,700
5 Agreement Compliance 3,000
6 EPD/EP A Audit Comparison 1,500
7 Value Received Matrix 6,500
8 Audit Report 2,600
TOTAL $32,000
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