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HomeMy WebLinkAbout2022-09-06 J01F_03 Professional Services Agreement_Ashworth Dr Resurfacing, 4th to 10th StAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: September 6, 2022 AGENDA ITEM:Consideration of approval of a resolution approving Agreement for Professional Consulting Services between McClure Engineering Company and the City of Waukee, IA [Ashworth Drive Resurfacing, 4th Street to 10th Street] FORMAT:Resolution SYNOPSIS INCLUDING PRO & CON: The work to be performed by the Consultant under this agreement shall encompass and include detailed work, services, materials, equipment and supplies necessary to complete analysis and design for the project. The scope of services is for the design phase and construction phases for the proposed resurfacing of Ashworth Drive from 4th Street to 10th Street. The project design and construction phases include final design of the roadway and necessary ADA improvements, bidding, and construction phase services. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: City agrees to pay the Consultant a Not-to-Exceed sum of $29,850.00, including any authorized reimbursable expenses, pursuant to the Schedule of Fees set forth in Attachment 3 of the agreement. COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve the Resolution and Agreement. ATTACHMENTS: I. Resolution II. Agreement for Professional Consulting Services PREPARED BY: Beth Richardson REVIEWED BY: Rudy Koester RK J1F3 THE CITY OF WAUKEE, IOWA RESOLUTION 2022- APPROVING AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES WITH MCCLURE ENGINEERING COMPANY [ASHWORTH DRIVE RESURFACING, 4TH STREET TO 10TH STREET] IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA WHEREAS, the City of Waukee, Dallas County, State of Iowa, is a duly organized Municipal Organization; AND, WHEREAS, the City desires to retain the services of McClure Engineering Co. to perform detailed work, services, materials, equipment and supplies necessary to complete analysis and design for the project; AND, WHEREAS, the scope of services includes the design phase and construction phases for the proposed resurfacing of Ashworth Drive from 4th Street to 10th Street. The project design and construction phases include final design of the roadway and necessary ADA improvements, bidding, and construction phase services; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee that the Agreement for Professional Consulting Services between McClure Engineering Company and the City of Waukee, IA [Ashworth Drive Resurfacing, 4th Street to 10th Street] is hereby approved. Passed by the City Council of the City of Waukee, Iowa, and approved the 6th day of September, 2022. ____________________________ Courtney Clarke, Mayor Attest: ___________________________________ Rebecca D. Schuett, City Clerk RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN Anna Bergman Pierce R. Charles Bottenberg Chris Crone Larry R. Lyon Ben Sinclair 1 AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES Ashworth Drive Resurfacing from 4th Street to 10th Street This Agreement is made and entered into this day of , 2022, by and between City of Waukee, a municipal corporation, hereinafter referred to as "City," and McClure Engineering Company, (Fed. ID #42-0982931), a corporation incorporated and licensed under the laws of the State of Iowa, party of the second part, hereinafter referred to as "Consultant" as follows: THE CITY HEREBY AGREES TO RETAIN THE CONSULTANT FOR THE PROJECT AS DESCRIBED IN THIS AGREEMENT AND CONSULTANT AGREES TO PERFORM THE PROFESSIONAL SERVICES AND FURNISH THE NECESSARY DOCUMENTATION FOR THE PROJECT AS GENERALLY DESCRIBED IN THIS AGREEMENT. 1. SCOPE OF SERVICES Services provided under this Agreement shall be as further described in Attachment 1, Scope of Services. 2. SCHEDULE The schedule of the professional services to be performed shall conform to the Schedule set forth in Attachment 2. Any deviations from the Schedule shall be approved by the authorized City representative. The City agrees that the Consultant is not responsible for delays arising from a change in the scope of services, a change in the scale of the Project or delays resulting from causes not directly or indirectly related to the actions of the Consultant. 3. COMPENSATION A. In consideration of the professional services provided herein, the City agrees to pay the Consultant the following sum NOT-TO-EXCEED, including any authorized reimbursable expenses, pursuant to the Schedule of Fees set forth in Attachment 3. I. Basic Services of the Consultant A. Design Phase Services $ 16,280.00 B. Construction Phase Services $ 10,240.00 C. Other Services $ 3,330.00 Total $ 29,850.00 B. The Consultant shall invoice the City monthly for services, any reimbursable expenses and any approved amendments to this Agreement, based upon services actually completed at the time of the invoice. Final payment shall be due and payable within 30 days of the City's acceptance of Consultant's submission of final deliverables in accordance with the Scope of Services. 2 C. In consideration of the compensation paid to the Consultant, the Consultant agrees to perform all professional services to the satisfaction of the City by performing the professional services in a manner consistent with that degree of care and skill ordinarily exercised by members of Consultant's profession currently practicing under similar circumstances. If the performance of this Agreement involves the services of others or the furnishing of equipment, supplies, or materials, the Consultant agrees to pay for the same in full. 4. INSURANCE A. Consultant understands and agrees that Consultant shall have no right of coverage under any and all existing or future City comprehensive, self or personal injury policies. Consultant shall provide insurance coverage for and on behalf of Consultant that will sufficiently protect Consultant or Consultant' representative(s) in connection with the professional services which are to be provided by Consultant pursuant to this Agreement, including protection from claims for bodily injury, death, property damage, and lost income. Consultant shall provide worker's compensation insurance coverage for Consultant and all Consultant's personnel. Consultant shall file applicable insurance certificates with the City, and shall also provide evidence of the following additional coverage. B. The Consultant shall provide evidence of comprehensive general liability coverage and contractual liability insurance by an insurance company licensed to do business in the State of Iowa in the limits of at least $1,000,000 each personal injury accident and/or death; $1,000,000 general aggregate personal injury and/or death; and $1,000,000 for each property damage accident. The evidence shall designate the City as an additional insured, and that it cannot be canceled or materially altered without giving the City at least thirty (30) days written notice by registered mail, return receipt requested. C. The Consultant shall also provide evidence of automobile liability coverage in the limits of at least $1,000,000 bodily injury and property damage combined. The evidence shall designate the City as an additional insured, and that it cannot be cancelled or materially altered without giving the City at least thirty (30) days written notice by registered mail, return receipt requested. D. The Consultant shall provide evidence of professional liability insurance, by an insurance company licensed to do business in the State of Iowa, in the limit of $1,000,000 for claims arising out of the professional liability of the Consultant. Consultant shall provide City written notice within five (5) days by registered mail, return receipt requested of the cancellation or material alteration of the professional liability policy. E. Failure of Consultant to maintain any of the insurance coverages set forth above shall constitute a material breach of this Agreement. 5. NOTICE 3 Any notice to the parties required under this agreement shall be in writing, delivered to the person designated below, by United States mail or in hand delivery, at the indicated address unless otherwise designated in writing. FOR THE CITY: FOR THE CONSULTANT: Name: City of Waukee Name: McClure Engineering Company Attn: Rudy Koester Attn: Brian Sandberg, PE Title: Director of Public Works Title: Senior Project Engineer Address: 230 W. Hickman Road Address: 1360 NW 121st Street, Ste. A City, State: Waukee, IA 50263 City, State: Clive, Iowa 50325 6. GENERAL COMPLIANCE In the conduct of the professional services contemplated hereunder, the Consultant shall comply with applicable state, federal, and local law, rules, and regulations, technical standards, or specifications issued by the City. Consultant must qualify for and obtain any required licenses prior to commencement of work, including any professional licenses necessary to perform work within the State of Iowa. 7. STANDARD OF CARE Services provided by the Consultant under this Agreement shall be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. 8. INDEPENDENT CONTRACTOR Consultant understands and agrees that the Consultant and Consultant's employees and representatives are not City employees. Consultant shall be solely responsible for payment of salaries, wages, payroll taxes, unemployment benefits, or any other form of compensation or benefit to Consultant or Consultant's employees, representatives or other personnel performing the professional services specified herein, whether it be of a direct or indirect nature. Further, it is expressly understood and agreed that for such purposes neither Consultant nor Consultant's employees, representatives or other personnel shall be entitled to any City payroll, insurance, unemployment, worker's compensation, retirement, or any other benefits whatsoever. 9. NON-DISCRIMINATION Consultant will not discriminate against any employee of applicant for employment because of race, color, sex, national origin, religion, age, handicap, or veteran status. Consultant will, where appropriate or required, take affirmative action to ensure that applicants are employed, and that employees are treated, during employment, without regard to their race, color, sex, or national origin, religion, age, handicap, or veteran status. Consultant will cooperate with 4 the City in using Consultant's best efforts to ensure that Disadvantaged Business Enterprises are afforded the maximum opportunity to compete for subcontracts of work under this Agreement. 10. HOLD HARMLESS Consultant agrees to indemnify and hold harmless the City, its officers, agents, and employees from any and all claims, settlements and judgments, to include all reasonable investigative fees, attorney's fees, and court costs for any damage or loss which is due to or arises from a breach of this Agreement, or from negligent acts, errors or omissions in the performance of professional services under this Agreement and those of its sub consultants or anyone for whom Consultant is legally liable. 11. ASSIGNMENT Consultant shall not assign or otherwise transfer this Agreement or any right or obligations therein without first receiving prior written consent of the City. 12. APPROPRIATION OF FUNDS The funds appropriated for this Agreement are equal to or exceed the compensation to be paid to Consultant. The City's continuing obligations under this Agreement may be subject to appropriation of funding by the City Council. In the event that sufficient funding is not appropriated in whole or in part for continued performance of the City's obligations under this Agreement, or if appropriated funding is not expended due to City spending limitations, the City may terminate this Agreement without further compensation to the Consultant. To the greatest extent allowed by law, the City shall compensate Consultant as provided in Section 18(6) of this Agreement. 13. AUTHORIZED AMENDMENTS TO AGREEMENT A. The Consultant and the City acknowledge and agree that no amendment to this Agreement or other form, order or directive may be issued by the City which requires additional compensable work to be performed if such work causes the aggregate amount payable under the amendment, order or directive to exceed the amount appropriated for this Agreement as listed in Section 3, above, unless the Consultant has been given a written assurance by the City that lawful appropriation to cover the costs of the additional work has been made. B. The Consultant and the City further acknowledge and agree that no amendment to this Agreement or other form, order or directive which requires additional compensable work to be performed under this Agreement shall be issued by the City unless funds are available to pay such additional costs, and the Consultant shall not be entitled to any additional compensation for any additional compensable work performed under this Agreement. The Consultant expressly waives any right to additional compensation, whether in law or equity, unless prior to commencing the additional work the Consultant 5 was given a written amendment, order or directive describing the additional compensable work to be performed and setting forth the amount of compensation to be paid, such amendment, order or directive to be signed by the authorized City representative. It is the Consultant's sole responsibility to know, determine, and ascertain the authority of the City representative signing any amendment, directive or order. 14. OWNERSHIP OF CONSULTING DOCUMENTS All sketches, tracings, plans, specifications, reports, and other data prepared under this Agreement shall become the property of the City; a reproducible set shall be delivered to the City at no additional cost to the City upon completion of the plans or termination of the services of the Consultant. All drawings and data shall be transmitted in a durable material, with electronic files provided when feasible to do so. The Consultant's liability for use of the sketches, tracings, plans, specifications, reports, and other data prepared under this Agreement shall be limited to the Project. 15. INTERPRETATION No amendment or modification of this Agreement shall be valid unless expressed in writing and executed by the parties hereto in the same manner as the execution of the Agreement. This is a completely integrated Agreement and contains the entire agreement of the parties; any prior written or oral agreements shall be of no force or effect and shall not be binding upon either party. The laws of the State of Iowa shall govern and any judicial action under the terms of this Agreement shall be exclusively within the jurisdiction of the district court for Dallas County, Iowa. 16. COMPLIANCE WITH FEDERAL LAW To the extent any federal appropriation has or will be provided for the Project, or any federal requirement is imposed on the Project, Consultant agrees that Consultant will comply with all relevant laws, rules and regulations imposed on City and/or Consultant necessary for receipt of the federal appropriation. Consultant shall provide appropriate certification regarding Consultant's compliance. 17. SOLICITATION AND PERFORMANCE A. The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working for the Consultant, to solicit or secure this Agreement, and that the Consultant has not paid or agreed to pay any company or person other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or contingent fee. B. The Consultant shall not engage the services of any person or persons in the employ of the City at the time of commencing such services without the written consent of the City. 6 18. SUSPENSION AND TERMINATION OF AGREEMENT A. The right is reserved by the City to suspend this Agreement at any time. Such suspension may be effected by the City giving written notice to the Consultant, and shall be effective as of the date established in the suspension notice. Payment for Consultant's services shall be made by the City for services performed to the date established in the suspension notice. Should the City reinstate the work after notice of suspension, such reinstatement may be accomplished by thirty (30) days written notice within a period of six (6) months after such suspension, unless this period is extended by written consent of the Consultant. B. Upon ten (10) days written notice to the Consultant, the City may terminate the Agreement at any time if it is found that reasons beyond the control of either the City or Consultant make it impossible or against the City's interest to complete the Agreement. In such case, the Consultant shall have no claims against the City except for the value of the work performed up to the date the Agreement is terminated. C. The City may also terminate this Agreement at any time if it is found that the Consultant has violated any material term or condition of this Agreement or that Consultant has failed to maintain workers' compensation insurance or other insurance provided for in this Agreement. In the event of such default by the Consultant, the City may give ten (10) days written notice to the Consultant of the City's intent to terminate the Agreement. Consultant shall have ten (10) days from notification to remedy the conditions constituting the default. D. In the event that this Agreement is terminated in accordance with paragraph C of this section, the City may take possession of any work and may complete any work by whatever means the City may select. The cost of completing said work shall be deducted from the balance which would have been due to the Consultant had the Agreement not been terminated and work completed in accordance with contract documents. E. The Consultant may terminate this Agreement if it is found that the City has violated any material term or condition of this Agreement. In the event of such default by the City, the Consultant shall give ten (10) days written notice to the City of the Consultant's intent to terminate the Agreement. City shall have ten (10) days from notification to remedy the conditions constituting the default. 19. TAXES The Consultant shall pay all sales and use taxes required to be paid to the State of Iowa on the work covered by this Agreement. The Consultant shall execute and deliver and shall cause any sub-consultant or subcontractor to execute and deliver to the City certificates as required to permit the City to make application for refunds of said sales and use taxes as applicable. The City is a municipal corporation and not subject to state and local tax, use tax, or federal excise taxes. 8 ATTACHMENT 1 SCOPE OF SERVICES The work to be performed by the Consultant under this agreement shall encompass and include detailed work, services, materials, equipment and supplies necessary to complete analysis and design for the project. This scope of services is for the design phase and construction phases for the proposed resurfacing of Ashworth Drive from 4th Street to 10th Street. The project design and construction phases include final design of the roadway and necessary ADA improvements, bidding, and construction phase services. I) PROJECT DESCRIPTION A) The PROJECT includes resurfacing of Ashworth Drive from 4th Street to 10th Street. B) The PROJECT design and construction phases include final design of the roadway and necessary ADA improvements, bidding, and construction phase services. C) The PROJECT will be let by means of a local letting, and the 2022 edition of Iowa Statewide Urban Design and Specifications (SUDAS) and the City of Waukee Supplemental Specifications will be applicable to the design. II) BASIC SERVICES A) Phase 100 – Preliminary Planning and Reports (NOT INCLUDED) B) Phase 200 – Existing Conditions (NOT INCLUDED) C) Phase 300 – Funding (NOT INCLUDED) D) Phase 400 – Preliminary Design (NOT INCLUDED) E) Phase 500 – Final Design 1) Task 501 – Final Design and Plans Pre-Final (Check) Design and Plan Preparation (a) Based upon approved preliminary design, field review, and project information meeting, the ENGINEER shall proceed to final design, contract drawings, specifications, and opinion of probable construction cost for the award of a single Contract for the construction of the proposed improvements. (b) Lighting Design (NOT INCLUDED) (c) Bridge Design (NOT INCLUDED) (d) Check Plans: The ENGINEER will design and prepare Check (95%) Plan drawings for the improvements. The Check (95%) plans will include the following: (i) A-Sheets (Title Sheet) (ii) B-Sheets (Typical roadway sections and special details) (iii) C-Sheets (Estimated construction quantities, estimate reference information, and general notes) (iv) D-Sheets (Mainline plan) (v) G-Sheets (Survey control and alignments) (vi) S-Sheets (Sidewalk layout and tabulation) (e) Project Manual: (i) ENGINEER shall prepare project manual documents that will include City of Waukee front end documents modified to support the project. The SUDAS Standard Specifications and Waukee Supplemental Specification shall be referenced for construction. Specifications may include Special Provisions to supplement SUDAS Standard Specifications. 9 (f) Order of Magnitude Opinion of Probable Construction Costs (i) The ENGINEER will prepare one (1) Check Plan Opinion of Probable Construction Cost with a 5% construction contingency for the project. (g) Furnish 95% Documents (i) The ENGINEER will submit and distribute a Check Plan set to the OWNER for review and comment. (h) Quality Control (i) The ENGINEER will provide quality control for technical accuracy and general constructability for the check PROJECT submittal. (ii) This task includes time for the ENGINEER to coordinate comment resolution with OWNER based on one (1) round of OWNER review comments received following submittal of the Check Plans. (i) Project Permitting (NOT INCLUDED) (j) Final Plans: (i) Furnish Final Plans and Project Manual 1. The ENGINEER shall assemble the documents for final submittal to the OWNER. Deliverables will be submitted electronically as well as five (5) hard copies with a submittal letter. (ii) Order of Magnitude Opinion of Probable Construction Costs 1. The ENGINEER will prepare one (1) Final Plan Opinion of Probable Construction Cost for the PROJECT. This estimate will be based on final quantities with 0% construction contingency for the project. The estimate shall be based on engineering judgement and does not represent a guarantee of actual construction costs. The ENGINEER has no control over the cost of labor, materials, equipment, market conditions, and the Contractor’s method of determining prices. 2) Task 512 – Traffic Signal Design (NOT INCLUDED) 3) Task 513 – Final Geotechnical Design (NOT INCLUDED) F) Phase 590 – Land Acquisition (NOT INCLUDED) G) Phase 600 – Construction Administration 1) Task 601 – Construction Administration (General) (a) Pre-construction Meeting - The ENGINEER shall conduct one (1) pre-construction meeting after award of construction contract for the OWNER’s contractor, subcontractors, and other interested parties. This item incudes developing the agenda and distributing meeting minutes. (b) Shop Drawing Submittal Reviews - The ENGINEER shall review shop drawings, samples, and other data the Contractor is required to submit, but only for conformance with design concept of the PROJECT and conformance with information given in the contract documents. The ENGINEER shall evaluate and determine the acceptability of substitute materials and equipment proposed by the Contractor. The ENGINEER shall have authority to require special inspection or testing of the work, and shall receive and review all certificates of inspections, testing, and approvals required. (c) Pay Requests and Change Order Preparations – Based on quantities provided by the OWNER the ENGINEER shall prepare contractor pay requests and issue necessary interpretations and clarifications of the contract documents, and in connection therewith, prepare change orders as required for approval of the OWNER. It is estimated that there will be three (3) pay requests and one (1) change order for this project. 10 2) Task 602 – Advertising, Bidding, Contract Award (a) The ENGINEER shall assist OWNER in one (1) round of advertising for and obtaining bids from prospective Contractors. The ENGINEER will prepare the advertisement. (b) ENGINEER will post Notice of Letting and OWNER will publish Public Hearing in accordance with Iowa Code. (c) The ENGINEER will maintain the plan holder’s List. (d) The ENGINEER shall provide Drawings, Specifications, and Bid Documents. (i) The ENGNEER will upload drawings, specifications, and bid documents to Quest CDN and distribute documents to prospective Contractors. Hard copies will be available for Contractors for pick-up. (e) The ENGINEER shall prepare and issue addenda as needed. (i) The ENGINEER shall prepare all required addenda to revise plans, specifications, and other contract documents to provide clarifications, correct discrepancies, and/or add necessary details or contract alterations. (f) Bidder Questions (i) The ENGINEER shall respond to bidder questions and publish written answers to all plan holders at the discretion of the OWNER. (g) The ENGINEER shall attend one (1) bid opening at OWNER’s location. (h) Prepare bid tabulation (i) The ENGINEER shall develop tabulation of all bids received within the same day as the letting. (i) Review Bidders Qualifications (i) The ENGINEER shall check for correctness and qualifications of apparent low bidders. (j) The ENGINEER shall prepare Contract and Performance, Payment, and Maintenance Bond and distribute executed construction contracts and provide letter of recommendation to the OWNER in making award of contract. (k) The ENGINEER will be compensated for any re-bidding as requested by the OWNER based on established hourly rates and fixed expenses outlined in the ENGINEER's Standard Fee Schedule. H) Phase 650 – Onsite Project Representative (NOT INCLUDED) 1) OWNER is providing construction inspection for the project. I) Phase 700 – Survey Services 1) Task 760 – Construction Staking (a) The ENGINEER shall provide one (1) set of stakes for each staking item described below. Any staking that is destroyed due to construction that must be replaced, will be at the Contractor’s expense. (b) Detailed staking to be provided: (i) Project site horizontal and vertical control point verification and setup. (ii) Existing pavement removals and construction limits (100-ft intervals and point of deflection) (iii) Sidewalk pavement (Paving hubs staked on 50-ft intervals and driveway edges. Offsets to a single edge to a pre-determined height). Set stakes for locations of sidewalk curbs. (c) ADA compliance sidewalk (ADA ramp curb drops, to of ramp and landing/turning space/level operating locations, corner offsets with elevations). (d) HMA surface runout limits. 11 J) Phase 800 – Project Closeout (NOT INCLUDED) K) Phase 850 - Project Management and Coordination 1) Task 851 – Project Management and Coordination (a) Project Management: (i) The project manager of the ENGINEER will be responsible for coordination with the OWNER. (ii) The ENGINEER will provide monthly progress reporting and project invoices to the OWNER. (iii) The ENGINEER will conduct internal design review meetings. (iv) The ENGINEER will develop and maintain PROJECT schedule. (v) The ENGINEER will maintain documentation of pertinent correspondences made by email, memos, letters, telephone, etc. (b) Design Development Meetings (i) The ENGINEER will maintain communications with the OWNER to review progress and discuss specific elements of the PROJECT design and receive direction from the OWNER. (ii) The ENGINEER will develop agenda, attend, and provide meeting minutes of one (1) preliminary design meeting to review preliminary plan design comments received by the OWNER, one (1) final design meeting to review check plan design comments received by the OWNER, and one (1) additional meeting included for miscellaneous purposes, and it is understood by the parties that the ENGINEER will attend additional meetings as needed to complete the PROJECT. For budget purposes, this will include up-to two (2) staff members of the ENGINEER. L) Phase 950 – Subconsultants and Fees (NOT INCLUDED) III) FEES: The fees for Engineering Services shall be described below: A) Basic Services: 1) Phase 100 – Preliminary Planning and Reports ........................................ $ 0.00 2) Phase 200 – Existing Conditions............................................................ $ 0.00 3) Phase 300 – Funding ........................................................................... $ 0.00 4) Phase 400 – Preliminary Design ........................................................... $ 0.00 5) Phase 500 – Final Design (a) Task 501 – Final Design and Plans .................................................. $ 16,280.00 6) Phase 590 – Land Acquisition ............................................................... $ 0.00 7) Phase 600 – Construction Administration (a) Task 601 – Construction Administration (General) ............................. $ 2,960.00 (b) Task 602 – Advertising, Bidding, and Contract Award ........................ $ 1,480.00 8) Phase 650 – Onsite Project Representative ............................................. $ 0.00 9) Phase 700 – Survey Services (a) Task 760 – Construction Staking ..................................................... $ 5,800.00 10) Phase 800 – Project Closeout 11) Phase 850 – Project Management and Coordination (a) Task 851 – Project Management (General) ....................................... $ 3,330.00 12) Phase 900 – Additional Services ............................................................ $ 0.00 13) Phase 950 – Subconsultant and Reimbursable Fees ................................. $ 0.00 Not to Exceed Fee:........... $ 29,850.00 12 IV) ADDITIONAL SERVICES NOT INCLUDED IN THIS AGREEMENT The following services are excluded from the basic services but may be performed by the ENGINEER upon written amendment to this agreement. · Topographic and Boundary Survey · Preliminary Design · Project Information Meetings · Boundary retracement of existing lots to set missing monuments · Grant administration · Joint utility trench design · Septic system reconstruction plans · Street lighting design. · Irrigation (lawn sprinkler) restoration plans or specifications · Media correspondences and public outreach planning documents · Land purchase costs, closing costs associated with land acquisition, and costs associated with condemnation process · Appraisal fees and condemnation services · Preparation of Acquisition Plats and Legal Descriptions not specifically mentioned herein. · Land purchase costs, closing costs associated with land acquisition, and costs associated with condemnation process · Right-of-Way Services not specifically mentioned herein, including Individual Parcel Exhibits, Preparation of Parcel Files, Appraisals and Compensation Estimates, Appraisal Review, Right-of-Way Negotiations/Acquisitions, Closing, Condemnation Services · Testing of any suspect environmental material, including but not limited to asbestos, radon, lead based paint, air quality, or industrial waste · Other permits not indicated within this scope · Services beyond preparing and submitting the permit forms · Any permit and publication fees associated with permit applications except as noted · Preparation of bidding or contract documents for alternate bid prices · Construction material testing services · RPR services · Record drawings · Project management and coordination tasks beyond that scheduled project completion period · Subsurface Utility Investigation Test Holes · Drainage Report or Drainage Memorandum · Environmental and/or Cultural Review and Assessment · Wetland mitigation bank costs and fees · Special meetings and meetings not outlined in the Scope of Services · Other services not specifically outlined in this Agreement 13 ATTACHMENT 2 PROJECT SCHEDULE The following is the estimated time frame for this PROJECT. All calendar days are estimated, subject to acceptance day with the OWNER. If notice to proceed is given at a later date, time of completion may need to be extended accordingly. Generally, the schedule for the PROJECT is described as follows: A) General Schedule 1. Notice to Proceed ............................................................................... September 7, 2022 2. Check Plan Design ............................................................................ September 30, 2022 3. OWNER Check Plan Review (2 weeks).................................................... October 14, 2022 4. Project Information Meeting .................................................................. October 17, 2022 5. Final Plan Design ................................................................................. October 31, 2022 6. Project Letting (Local) ............................................................................. November, 2022 7. Construction ....................................................................................... June-August, 2023 B) Schedule Delays The ENGINEER shall not be responsible for delays in the schedule that are beyond the ENGINEER’s control. 14 ATTACHMENT 3 SCHEDULE OF FEES CONSULTANT’S 2022 STANDARD HOURLY RATE SCHEDULE CLASSIFICATION HOURLY RATE Project Director $270-295 Project Manager $185-230 Project Scientist N/A Project Advisor N/A Lead Engineer $185-285 Project Engineer $155-185 Staff Engineer $125-155 Lead Technician $135-175 Engineering Technician $115-135 CAD Technician $115-135 Construction Manager $115-155 Lead Field Technician $115-155 Field Technician $115-155 Land Surveyor $200 Administrative Assistant $65-85 REIMBURSABLE EXPENSES 1. All materials and supplies used in the performance of work on this project will be billed at cost. 2. Auto mileage will be reimbursed per the standard mileage reimbursement established by the Internal Revenue Service. Service vehicle mileage will be reimbursed on the basis of $0.75 per mile. 3. Charges for outside services such as soils and materials testing, fiscal, legal will be billed at their invoice. 4. All other direct expenses will be invoiced at cost.