HomeMy WebLinkAbout22 - General Plan Update & EIRCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 22
March 28, 2006
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: City Manager's Office
Sharon Wood, Assistant City Manager
949 - 644 -3222, swood @city.newport - beach.ca.us
SUBJECT: Amendment to Professional Services Agreement with EIP
Associates for General Plan Update and EIR and Budget Amendment
ISSUE:
Is an amendment to the professional services agreement for work beyond that
anticipated in the original scope of services warranted?
RECOMMENDATIONs:
1. Approve the attached Second Amendment to Professional Services Agreement
with EIP Associates, augmenting the budget by $552,131, and authorize the
Mayor and City Clerk to execute the agreement.
2. Approve a budget amendment transferring $552,131 from unappropriated
General Fund reserve to General Plan Update account number 2710 -8293.
DISCUSSION:
The City Council approved a Professional Services Agreement with EIP Associates for
the General Plan update on June 10, 2003. The total compensation provided in this
agreement was $1,006,406, which included amounts for subcontracts with Urban
Crossroads for traffic analysis and with Applied Development Economics for fiscal
impact analysis and an economic development strategic plan. The agreement was
amended in August 2004 to provide an additional $17,250 for separate Planning
Commission and City Council study sessions, bringing the total compensation to
$1,023,656.
As work on the General Plan update has progressed, the City has asked the consultant
team to conduct additional analyses such as freeway impact analysis, additional traffic
model runs, and impact analyses for a very large number of land use alternatives, as
Amendment to PSA with EIP Associates for General Plan Update and EIR
March 28, 2006
Page 2
well as to prepare discussion papers for citizen committees and to attend more
meetings with citizen committees, the Planning Commission, City Council and City staff
than had been anticipated. In addition, Newport Beach's extensive public review of
General Plan documents has resulted in more rounds of revisions than provided in the
original agreement, and the level of specificity in our Land Use Element has required
much more quantitative analysis than expected.
All three consulting firms have been responsive to requests for additional work from
staff, the Planning Commission and City Council, and have continued working to keep
the project on schedule. They have not requested budget augments for each request
as it was made. As we are nearing the end of the project, the consultants have been
able to project the amount needed to complete the project, and have submitted a
request to augment the project budget.
Staff has reviewed the request, and asked for clarifications and changes to it based on
our understanding of the work that has been performed to date and what will be
required to complete the project. We believe that the requested additional amount of
$552,131 is justified and necessary.
Funding Availability:
The General Plan update was funded in a special account, with the amount provided in
the original contract and the first amendment. A budget amendment transferring
$511,131 from the unappropriated General Fund reserve is necessary to provide the
funds for this contract amendment.
Submitted by:
u Wood
Assistant City Manager
Attachments: Second Amendment to Professional Services Agreement with EIP Associates
Letter from EIP Associates
Budget Amendment
SECOND AMENDMENT
TO
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, entered into this _ day of March 2006, by and between
CITY OF NEWPORT BEACH, a Municipal Corporation (hereinafter referred to as "City ")
and EIP Associates, Inc., whose address is 12301 Wilshire Boulevard, Suite 430, Los
Angeles, CA 90025 (hereinafter referred to as "Consultant "), is made with reference to
the following:
RECITALS
A. City and Consultant entered into a Professional Services Agreement for a General
Plan Update on June 10, 2003.
B. The Professional Services Agreement was amended on August 10, 2004,
increasing total compensation to consultant to $1,023,656.
C. The Parties desire to amend the agreement to provide for additional analyses,
reports, quantitative analysis and meetings.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. COMPENSATION TO CONSULTANT
Paragraph 3, Compensation to Consultant, is amended to provide that
Consultant's compensation for all work performed in accordance with this agreement
shall not exceed One Million, Five Hundred Thirty -four Thousand, Seven Hundred Eighty -
seven Dollars ($1,534,787.00).
3. NO AMENDMENTS TO REMAINDER OF AGREEMENT
All other provisions of the Agreement shall remain in force and effect in their
original form.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be
executed on the day and year first written above.
CITY OF NEWPORT BEACH
A Municipal Corporation
By:
Don Webb, Mayor
ATTEST:
LaVonne Harkless, City Clerk
CONSULTANT
EIP Associates, Inc.
By:
Terri Vitar, Regional Vice President
t
EIP
S0 -C!~
March 20, 2006
Ms. Patty Temple
Director of Planning
City of Newport Beach
P.O. Box 1768
Newport Beach, California 92658 -8915
Subject: General Plan Update and Environmental Impact Report
Dear Ms. Temple:
On behalf of EIP Associates and its subcontractors for the preparation of the updated
General Plan and Environmental Impact Report (EIR) for the City of Newport Beach, this
is to request an augment to the budget of the contractual agreement between the City and
EIP Associates for the performance of an expanded scope of services. The total requested
augment is five hundred and fifty -two thousand one hundred thirty one dollars ($552,131.00)
and includes labor costs and direct expenses anticipated to be incurred through the
completion of the project, the adoption of the General Plan and certification of the Final
EIR.
The attached spreadsheet lists the contractual budget, tonal expenditures and remaining
budget as of February 24, 2006, estimated budget for completion, and net additional budget
requested for each work task. Factors affecting the increased project costs are also described
for each applicable work task. As you will note, there is an anticipated cost savings for the
public involvement work program.
The requested budget augment includes the additional costs incurred and anticipated to be
incurred by Urban Crossroads and Applied Development Economics. The description of
their additional services and costs are attached to this letter.
Your prompt processing of this request would be appreciated as EIP and our team members
had exceeded their complete budgets by a cumulative $48,496.00 as of February 24. Please
call me if you have any questions.
Sincerely,
Elwood C. Tescher
Director of Urban Planning and Design
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41Lorporate Park Suite 300, Irvine, CA 92606
949.660.1994 main 949.660.1911 fax www.urbanxroads.com,
REVISED AUTHORIZATION FOR ADDITIONAL WORK
March 15, 2006
Mr. Elwood Tescher
EIP ASSOCIATES
12301 Wilshire Boulevard, Suite 430
Los Angeles, CA 90025
Subject: Contract Status and Budget/Scope of Work Amendment Request #1
(Revised)
Mr. Tescher:
This letter has been prepared to document the status of Urban Crossroads, Inc.
work effort for the City of Newport Beach General Plan update. A number of work
efforts that exceed the original scope of services prepared for this project have been
identified and discussed with the project team. This letter documents the requested
out of scope activities and the budget amendment required in conjunction with each
activity. The letter has been revised to reflect our most recent discussions
regarding needed updates to the work products, as well as additional review of the
activities that have already been undertaken. This second revision includes an
additional model scenario, including a separate supplemental letter report, as well
an increase in the budget allocated to ongoing support activities.
FUTURE ALTERNATIVES ANALYSIS
The current scope of services provides for analysis of 4 overall scenarios. The
preliminary alternatives analysis effort evaluated 4 scenarios, including a
constrained network version of the Currently Adopted General Plan scenario that
represents an additional alternative (compared to the original Currently Adopted
General Plan scenario that was included in the baseline analysis). It is therefore
proposed that the scope of services and budget be augmented to include the
following additional scenarios:
An additional updated Currently Adopted General Plan scenario that
incorporates recently adopted OCP -2004 socioeconomic data (SED)
projections for areas outside the City of Newport Beach into the Newport
Beach Traffic Model (NBTM), in addition to ongoing refinements to the land
use data for the City of Newport Beach. The ongoing refinements will be
provided to Urban Crossroads, Inc. by the City of Newport Beach / project
team.
13
Mr. Elwood Tescher
EIP ASSOCIATES
March 15, 2006
Page 2
1. In order to complete item 1 above, it was also necessary to update the model
validation scenario to reflect the OCP -2004 SED for 2000.
2. The General Plan Preferred Alternative scenario, representing the direction
received from the City Council regarding the General Plan Preferred
Alternative.
3. A separate scenario to be documented in a separate supplemental letter
report that evaluates Existing Plus Project (Preferred General Plan
Alternative) conditions.
4. One additional scenario that is likely to be needed as the General Plan is
finalized (consistent with the original vision for the fourth scenario identified in
the original scope of work).
SUBAREA ALTERNATIVES TRIP GENERATION EVALUATION
Based on direction from the project team, a sketch planning tool was developed for
purposes of evaluating anticipated NBTM peak hour and daily trip generation for
each alternative contemplated for the various subareas evaluated throughout the
City of Newport Beach. A total of over 150 individual alternatives were then
evaluated using the sketch planning tool, then documented in the preliminary
alternatives analysis report.
FREEWAY RAMP AND MAINLINE ANALYSIS
Based on comments received from citizens of the City of Newport Beach, the
project team determined that additional analysis related to the performance of the
study area freeway system, particularly the SR -73 Freeway through the City of
Newport Beach, should be completed. This activity will include analysis of existing
and future peak hour freeway system performance for up to three future
alternatives, including the proposed updated Constrained Currently Adopted
General Plan, Preferred General Plan Alternative, and Final General Plan
Alternative. Due to lack of available data from Caitrans, the task effort also includes
additional field inventory and development of baseline data from other sources.
MEETINGS AND.PUBLIC HEARINGS
The original scope of services identified a total of 16 meetings, hearings, and public
workshops with the General Plan Update Committee (GPUC), the General Plan
Advisory Committee (GPAC), the Planning Commission, City Council, and general
public. Urban Crossroads, Inc. had already attended this number of meetings in
July, along with numerous General Plan Update Team (GPUT) meetings,
1�
Mr. Elwood Tescher
EIP ASSOCIATES
March 15, 2006
Page 3
exhausting our overall anticipated meeting budget. Additionally, Urban Crossroads,
Inc. staff attended 9 GPUT meetings, 3 additional GPAC meetings, 4 additional
Planning Commission hearings, one Growth Management meeting and 3 additional
City Council hearings through December 14. It is anticipated that 5 additional
GPUT meetings, 2 additional GPAC meetings, 1 additional public workshop, 2
additional Planning Commission hearings, and 2 additional City Council hearings
will be attended by Urban Crossroads, Inc. staff from December 14 through the end
of the project.
Multiple additional review and revision cycles of the Circulation Element have been
performed. The traffic study executive summary, technical analysis, and traffic study
report also require additional production cycles in response to input from the project
team and others.
ONGOING ENVIRONMENTAL DOCUMENTATION REVISIONS AND SUPPORT
Multiple additional review and revision cycles of the Draft Environmental Impact
Report documents have been /continue to be performed.
ONGOING COUNT COLLECTION AND COUNT AND LAND USE ANALYSIS
Urban Crossroads, Inc. anticipates conducting a count program that could include
24 hour traffic counts at up to 5 locations. Additional effort will also include
analyzing the counts for growth trends compared to the baseline data. Another task
requested by City staff will involve evaluating land use data to be provided by the
project team to determine how much of the anticipated growth in the City of Newport
Beach has already occurred from 2002 to current (end of 2005 or early 2006)
conditions. At the request of the project team, additional trip generation calculations
will also be performed.
BUDGET
Urban Crossroads, Inc. has prepared a detailed estimate of the man -hours and
other direct costs that will be required to complete the proposed additional work
effort. Attachment A identifies Urban Crossroads, Inc. current billing rates for
purposes of this contract amendment request, while the detailed contract
amendment budget estimate is provided as Attachment B to this letter. The total
budget augment being requested is $135,950.00, bringing our total contract
authorization to $297,560.00.
SUMMARY
This letter summarizes the current status of our effort and the additional scope and
budget required to successfully complete the traffic analysis required for the City of
ly
Mr. Elwood Tescher
EIP ASSOCIATES
March 15, 2006
Page 4
Newport Beach General Plan update. Urban Crossroads, Inc. is pleased to provide
this letter for your consideration. Please do not hesitate to give me a call at (949)
660 -1994 ext. 210 if you have any questions.
Sincerely,
URBAN CROSSROADS, INC.
Carleton Waters, P.E.
Principal
CW:MW:ds
JN:01232 -30 Contract Amendment 1 Revised 060201 and again 060315
Attachments
I
EXHIBIT A
BILLING RATES FOR URBAN CROSSROADS, INC.
Compensation for Services
The Consultants Billing rates for services are as follows:
Position Hourly Rates
Senior Principal
$150
— 185
Principal
$140
— 175
Associate Principal
$125
— 160
Senior Associate
$110
— 145
Associate
$100
— 135
Senior Analyst
$85
— 120
Analyst
$70
— 105
Assistant Analyst
$50
— 85
Senior Technician
$55
— 90
Technician
$45
— 80
Assistant Technician
$35
— 70
Administrative Manager
$75
— 110
Administrative Supervisor
$60
— 95
Administrative Assistant
$45
— 80
General
(1) Reimbursable direct costs, such as reproduction, supplies, messenger service, long -
distance telephone calls, travel, and traffic counts will be billed at cost plus ten (10)
percent.
(2) Hourly rates apply to work time, travel time, and time spent at public hearings and
meetings. For overtime work, the above rates may be increased 50 percent.
(3) Client payment for professional services is not contingent upon the client receiving
payment from other parties.
(4) Billing statements for work will be submitted monthly. Statements are payable within thirty
(30) days of the receipt by client of statement. Any statement unpaid after thirty (30) days
shall be subject to interest at the maximum permitted by law.
February 14, 2006
d�.1G
A P P L t E D
DEVELOPMENT
ECONOMICS
MEMORANDUM
TO:
Woodie Tescher
From:
Doug Svensson
COPY:
Harriet Lai Ross
Linda Tatum
Date:
November 29, 2005
Re:
Budget on Newport Beach GP Update
At your request, I have prepared a summary of our budget situation and a list of the recently
approved scope amendments on the project. We are currently operating under a contract
with EIP Associates for $45,000, supplemented by an addition of $3,900 in February of this
vear to account for splitting the Planning Commission and City Council working sessions on
the alternatives. I also had an understanding from you that our current contract included an
additional $1,370 in expenses money, derived from the point in September 2003 when this
contract was treated as an extension of our original contract with the City; however, I was
recently informed by Linda Tatum that that was not included in EIP's contract with the City
and is now excluded from our contract. Unfortunately, we have already spent that money.
Sharon Wood has verbally approved two items for us since our last contract amendment:
$3,000 to analyze the `True Minimum" alternative and an unspecified amount to attend the
EDC meeting in June. The actual cost of that meeting attendance was $1,000, since it did not
require much additional preparation time.
In terms of our overall budget situation, as of August we had already expended all funds
currently in our contract. In reviewing the products we have completed in relation to the
scope of work under the contract (attached), a number of items are not mentioned in the
scope of work:
Preparation of the Guiding Principles memo and preparation of the Tourism Issue
Paper, including the GPAC and EDC meetings to present those items. I billed that
work to the Economic Development Strategy task; however, we now have no money
left to complete the actual Strategic Plan.
2029 University Avenue • Berkeley, CA 94704 • Tel 510.548.5912 • Fax 510.548.6123
www.adeuso.com
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Page 2 of 5
• The Saturday workshop in June is not specified in the scope nor is it budgeted.
Based on the verbal amendments to the contract and these discrepancies in the scope of
work, I would request the following contract addition:
Expense Reimbursements Verbally Approved by EIP $ 1,370
Additions Verbally Approved by Sharon Wood
Fiscal Analysis of Third Alternative $ 3,000
EDC Presentation of Fiscal Analysis $ 1.000
SUBTOTAL $ 5,370
Additional Scope Items
GPAC Meeting for Guiding Principles: $ 1,500
EDC Meeting for Guiding Principles: $ 1,500
GPAC Meeting for Hotel /Tourism Issue Paper: $ 1,500
EDC Meeting for Hotel /Tourism Issue Paper: $ 1,500
Public Workshop June 25, 2005 $ 2,000
Additional GPAC, EDC, PC, CC Meetings $ 5,000
Completion of Economic Strategic Plan 510.000
SUB'T'OTAL S23,000
GRAND TOTAL
FOR CURRENT CONTRACT AMENDMENT $28,370
I appreciate the opportunity to work with EIP and the City of Newport Beach on this
project. Despite the budget shortfall, we have continued to work diligently to complete the
necessary studies to keep the General Plan Update process moving and we expect to
continue to do so. I appreciate your consideration of thus request for a budget amendment.
Please do not hesitate to call me with any questions.
1�
ADE Budget Summary
Phase
Budget Amount
Total Spent
Overage /Budget
Remaining
Additional
Estimate to
Complete
Fiscal Analysis
Baseline Data
$4,000
$4,000
0
NA
Alternatives
$21,900
$30,270
($8,370)
NA
Policymaking
$8,000
$8,000
0
$5,000
Economic Strategy
Goals and Objectives
$2,000
$8,000
($6,000)
NA
Draft Plan
$7,000
$7,000
0
$4,000
Action Plan
$4,000
$2,000
$2,000
$2,000
Final Plan
$2,000
0
$2,000
$7,000
Total
$48,900
$62,270
($10,370)
$18,000
W
City of Newport Beach NO. BA- 06BA -054
BUDGET AMENDMENT
2005 -06 AMOUNT: $552,131.00
EFFECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates Increase in Budgetary Fund Balance
�X Increase Expenditure Appropriations AND X Decrease in Budgetary Fund Balance
Transfer Budget Appropriations No effect on Budgetary Fund Balance
SOURCE:
from existing budget appropriations
from additional estimated revenues
NX from unappropriated fund balance
EXPLANATION:
This butlget amendment is requested to provide for the following:
To increase expenditure appropriations from unappropriated General Fund Balance for the General Plan Update.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account Description
010 3605 General Fund - Fund Balance
REVENUE ESTIMATES (3601)
Fund /Division Account
EXPENDITURE APPROPRIATIONS (3603)
Division
Account
Division
Account
Division
Account
Division
Account
Division
Account
Signed:
Signed:
Signed:
Number
Number
Number
Number
Number
Number
Number
Number
Number
Number
Description
Description
2710 Planning - Administration
8293 General Plan Update
Financial Approval: Administrative Services Director
City Manager
City Council Approval: City Clerk
Amount
Debit
$552,131.00
Credit
$552,131.00
Date
D
Date
General Plan Accounting as of 03/27/2006 for (6) specified vendors
Kenny the Printer:
12/01/2001 - 11/2005 $115,625.35
Moore lacafano Goltsman Inc. (MIG)
Aug -01 $221,500.00 Encumbrance 271002
$71,591.00 amendment
Applied Development Economics
Apr -02 $122,671.52 Encumbrance 271005
Urban Crossroads
Apr -02 $226,618.02 Encumbrance 271004
M4 Strategy
Feb -06
$508,000.00 Encumbrance 0310014
$472,523.45 approx. balance as of 03/27/2006
EIP
Oct -01
$33,035.00 Encumbrance 271003 -01
Sep -03
$1,008,265.96 Encumbrance 2710001
October -04
$17,250.00 amendment
$6,263.28 approx. balance as of 03/27/2006
$2,324,556.85 Grand Total as of 0312006